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Motor Vehicle Restraint Systems and Booster Seats Safety Regulations (SOR/2010-90)

Regulations are current to 2024-02-06 and last amended on 2020-02-04. Previous Versions

Motor Vehicle Restraint Systems and Booster Seats Safety Regulations

SOR/2010-90

MOTOR VEHICLE SAFETY ACT

Registration 2010-04-29

Motor Vehicle Restraint Systems and Booster Seats Safety Regulations

P.C. 2010-545 2010-04-29

Whereas, pursuant to subsection 11(3) of the Motor Vehicle Safety ActFootnote a, a copy of the proposed Motor Vehicle Restraint Systems and Booster Seats Safety Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on October 10, 2009, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport pursuant to subsection 11(1) of the Motor Vehicle Safety ActFootnote a, hereby makes the annexed Motor Vehicle Restraint Systems and Booster Seats Safety Regulations.

PART 1General

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Motor Vehicle Safety Act. (Loi)

    booster seat

    booster seat means a removable device designed to be used in a vehicle for seating a person whose mass is at least 18 kg, to ensure that the seat belt assembly fits properly. (siège d’appoint)

    car bed

    car bed means a restraint system for an infant with special needs that is designed to restrain the infant in a supine or prone position on a continuous flat surface.  (lit d’auto)

    child

    child means a person whose mass is more than 10 kg and not more than 30 kg.  (enfant)

    CMVSS

    CMVSS means Canada Motor Vehicle Safety Standard.  (NSVAC)

    custom restraint system for a disabled person

    custom restraint system for a disabled person means a restraint system, other than a mass-produced restraint system, designed for a specific disabled person. (ensemble de retenue sur mesure pour personne handicapée)

    disabled person

    disabled person means a person, other than an infant with special needs, who, for orthopaedic reasons or because of the person’s build or other physical characteristics, is unable to use an infant restraint system, a child restraint system, a booster seat, a built-in device referred to in item 213.4 of Schedule III to the Motor Vehicle Safety Regulations, or a vehicle seat belt. (personne handicapée)

    infant

    infant means a person who is unable to walk unassisted and whose mass is not more than 10 kg.  (bébé)

    infant with special needs

    infant with special needs means an infant who is unable to use an infant restraint system and

    • (a) who was born at less than 37 weeks’ gestation;

    • (b) whose mass at birth was less than 2.2 kg; or

    • (c) who has special breathing needs. (bébé qui a des besoins spéciaux)

    lower connector system

    lower connector system means a system consisting of two connectors that each fit inside a checking device having the envelope dimensions shown in Figure 9 of Schedule 7, that are attached to the lower part of a restraint system or booster seat in a manner that does not allow for their removal without the use of tools, and that allow the restraint system or booster seat to be securely attached to a lower universal anchorage system of a vehicle.  (système d’attaches inférieures)

    lower universal anchorage system

    lower universal anchorage system means a device, other than a vehicle seat belt, that is designed to secure the lower portion of a restraint system or booster seat to a vehicle, and that transfers the load from the restraint system or booster seat and its occupant to the vehicle structure or a vehicle seat structure. (dispositif universel d’ancrages d’attaches inférieurs)

    mass-produced

    mass-produced means manufactured, in whatever quantity, using only standard or uniform parts. (fabriqué en série)

    restraint system

    restraint system means a removable device designed to be used together with the seat of a vehicle in order to restraint an infant, an infant with special needs, a child or a disabled person, but does not include a booster seat or a vehicle seat belt.  (ensemble de retenue)

    seat orientation reference line

    seat orientation reference line or SORL means the horizontal line passing through the plane of symmetry of the standard seat assembly and passing through the Z point as shown in Figures 3 and 4 of Schedule 7. (ligne repère d’orientation du siège ou LROS)

    standard seat assembly

    standard seat assembly means the seat that is specified in the drawing package entitled Standard Seat Assembly Specifications for Motor Vehicle Restraint Systems and Booster Seats Safety Regulations Compliance Testing (January 1, 2010), published by the Department of Transport, and that has seat belt anchorage points and a lower universal anchorage system located as indicated in Figures 3 and 4 of Schedule 7, respectively. (siège normalisé)

    tether strap

    tether strap means a device that is fitted with a tether strap hook and secured to the rigid structure of a restraint system or booster seat, and that transfers the load from the restraint system or booster seat and its occupant to the user-ready tether anchorage. (courroie d’attache)

    tether strap hook

    tether strap hook means a device that is used to attach a tether strap to a user-ready tether anchorage and that has an interface profile shown in Figure 1 of Schedule 7 or, in the case of a device with integrated adjustment hardware, Figure 2 of Schedule 7.  (crochet de la courroie d’attache)

    torso

    torso means the portion of the body of an anthropomorphic test device or an occupant, excluding the thighs, that

    • (a) when the device or occupant is seated in a restraint system other than a car bed or in a booster seat, lies between the top of the restraint system seating surface or booster seat seating surface and the top of the shoulders; or

    • (b) when the device or occupant is seated in a car bed, lies between the top of the continuous flat surface of the car bed and the top of the shoulders. (torse)

    TSD 209

    TSD 209 means Technical Standards Document No. 209, Seat Belt Assemblies, published by the Department of Transport, as amended from time to time. (DNT 209)

    TSD 302

    TSD 302 means Technical Standards Document No. 302, Flammability of Interior Materials, published by the Department of Transport, as amended from time to time. (DNT 302)

    user-ready tether anchorage

    user-ready tether anchorage means a device that transfers the tether strap load from a restraint system or booster seat and its occupant to the vehicle structure or a vehicle seat structure, and that is designed to accept a tether strap hook directly, without requiring the installation of any other device. (ancrage d’attache prêt à utiliser)

  • (2) [Repealed, SOR/2014-307, s. 31]

  • Marginal note:Classes of vehicles

    (3) In these Regulations, “classes of vehicles” refers to those classes of vehicles prescribed by section 4 of the Motor Vehicle Safety Regulations and set out in Schedule III to those Regulations.

  • Marginal note:Interpretation — restraint system or booster seat

    (4) For the purposes of these Regulations, a reference in TSD 209 to webbing, a belt buckle, a tether strap attachment or a related piece of adjustment hardware that is part of a Type 1 seat belt assembly is to be read as a reference to webbing, a belt buckle, a tether strap attachment or a related piece of adjustment hardware that is part of a restraint system or booster seat, as the case may be.

  • SOR/2013-117, s. 12
  • SOR/2014-307, s. 31

National Safety Mark

Marginal note:National Safety Mark

  •  (1) For the purposes these Regulations, the symbol set out in Schedule 2 is prescribed as the national safety mark.

  • Marginal note:Authorization by Minister

    (1.1) For the purposes of subsection 3(2) of the Act, on application by a company, the Minister may, in the form set out in Schedule 1, authorize the company to apply the national safety mark to a restraint system or booster seat and to any accompanying documentation or any packaging.

  • Marginal note:Application for authorization

    (2) A company that intends to apply the national safety mark to a restraint system or booster seat must apply to the Minister to obtain the authorization referred to in subsection (1.1).

  • Marginal note:National safety mark

    (3) A company that applies the national safety mark to a restraint system or booster seat must reproduce the national safety mark as shown in Schedule 2, including the following information, in the locations indicated in that schedule:

    • (a) the authorization number assigned to the company by the Minister; and

    • (b) the number or numbers of the CMVSS to which the restraint system or booster seat conforms, namely,

      • (i) 213, in the case of a child restraint system,

      • (ii) 213.1, in the case of an infant restraint system,

      • (iii) 213.2, in the case of a booster seat,

      • (iv) 213.3, in the case of a mass-produced restraint system for disabled persons,

      • (v) 213.3, in the case of a custom restraint system for a disabled person that is designed to be used only in school buses, and

      • (vi) 213.5, in the case of a restraint system for infants with special needs.

  • Marginal note:Idem

    (4) The national safety mark must be at least 50 mm in diameter and be stitched onto the restraint system or booster seat, indelibly moulded into or onto it, or indelibly printed on a label affixed to it in a permanent manner.

  • Marginal note:Visibility of national safety mark

    (5) The national safety mark must, when applied to a restraint system or booster seat, be fully visible.

  • Marginal note:Location of national safety mark — removable base

    (6) If a restraint system is manufactured with a removable base and the seating component of the restraint system is designed to be used in a vehicle with or without the base, the national safety mark must be applied to the seating component.

Prescribed Classes of Equipment

Marginal note:Prescribed classes of equipment

 For the purposes of sections 4 and 5 of the Act, child restraint systems, infant restraint systems, booster seats, restraint systems for disabled persons and restraint systems for infants with special needs are prescribed classes of equipment.

Prescribed Standards

Marginal note:CVMSS 213

  •  (1) Every child restraint system must conform to the applicable standards set out in Part 2, CMVSS 213 — Child Restraint Systems.

  • Marginal note:CVMSS 213.1

    (2) Every infant restraint system must conform to the applicable standards set out in Part 3, CMVSS 213.1 — Infant Restraint Systems.

  • Marginal note:CVMSS 213.2

    (3) Every booster seat must conform to the applicable standards set out in Part 4, CMVSS 213.2 — Booster Seats.

  • Marginal note:CVMSS 213.3

    (4) Every restraint system for disabled persons must conform to the applicable standards set out in Part 5, CMVSS 213.3 — Restraint Systems for Disabled Persons.

  • Marginal note:CVMSS 213.5

    (5) Every restraint system for infants with special needs must conform to the applicable standards set out in Part 6, CMVSS 213.5 — Restraint Systems for Infants with Special Needs.

  • Marginal note:Applicable CVMSS

    (6) Every restraint system that is designed to be used as more than one type of restraint system or as a restraint system and booster seat must conform to the standards set out in Parts 2 to 6 that are applicable to each type of restraint system or booster seat for which it is designed to be used.

Restraint System and Booster Seat Information

National Safety Mark

Marginal note:No importation without national safety mark

 A company must not import into Canada a restraint system other than a custom restraint system for a disabled person that is not designed to be used only in school buses, or a booster seat, unless the company has applied the national safety mark to the restraint system or booster seat.

Lower Universal Anchorage System Symbol

Marginal note:Lower universal anchorage system symbol

 Every restraint system or booster seat that is equipped with a lower connector system must bear the lower universal anchorage system symbol shown in Schedule 3, on a background of contrasting colour, on or near the lower connector system, and the symbol must be fully visible to a person installing the restraint system or booster seat when the restraint system or booster seat is positioned in the vehicle.

Records

Marginal note:Records

  •  (1) A company must maintain — for each restraint system or booster seat to which it applies the national safety mark or that it imports into Canada — the records referred to in paragraph 5(1)(g) of the Act and retain those records, in paper form or in readily readable electronic form, for a period of at least five years after the day on which the restraint system or booster seat is manufactured or imported.

  • Marginal note:Idem

    (2) If the records referred to in subsection (1) are maintained by a person on behalf of the company, the company must keep the name and address of the person.

  • Marginal note:Request from inspector

    (3) On request in writing from an inspector, a company must send to that inspector a copy, in either official language, of the records referred to in subsection (1) within

    • (a) 30 working days after day on which the request is mailed; or

    • (b) if the records must be translated, 45 working days after the day on which the request is mailed.

Registration Systems

Marginal note:Information card

  •  (1) For the purpose of maintaining the registration system referred to in paragraph 5(1)(h) of the Act, a company must provide to each person who purchases a restraint system or booster seat an information card, in both official languages, that

    • (a) permits the purchaser to provide to the company or to a duly authorized representative of the company, at no cost, the purchaser’s name, mailing address and email address, the model name and number of the restraint system or booster seat, the date of purchase and the date of manufacture; and

    • (b) includes a safety message concerning the importance of providing the information.

  • Marginal note:Information to be included in registration system

    (2) The registration system maintained by a company in accordance with paragraph 5(1)(h) of the Act must consist of the information provided to the company under paragraph (1)(a), and that information must be used only for the purposes of paragraph 5(1)(h) of the Act.

  • Marginal note:Minimum retention period

    (3) The information in the registration system maintained by a company in relation to a restraint system or booster seat must be kept for at least five years after the day on which the restraint system or booster seat is purchased.

Importation

General

Marginal note:Declaration

 For the purposes of paragraph 5(1)(b) of the Act, a company that imports into Canada a restraint system or booster seat must make, at the nearest customs office that is open for business, a declaration signed by the company’s duly authorized representative that contains the following information:

  • (a) the name of the manufacturer of the restraint system or booster seat;

  • (b) the name and address of the company importing the restraint system or booster seat;

  • (c) [Repealed, SOR/2013-117, s. 14]

  • (d) a statement from the manufacturer or its duly authorized representative that the restraint system or booster seat conforms to the prescribed standards applicable on the date of manufacture;

  • (e) the model name and number of the restraint system or booster seat;

  • (f) the number of restraint systems and the number of booster seats imported at the same time; and

  • (g) the date on which the restraint system or booster seat was imported.

  • SOR/2013-117, s. 14
 

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