Your child may reach Ontario’s legal requirement for an adult seat belt before they’re ready for one.
To compare Ontario’s legal threshold with safer belt-fit guidance, our MyChoice team reviewed Ontario’s child car-seat guidance, Ontario Regulation 613, Transport Canada’s child-seat selection guide, and Transport Canada’s expiry-date guidance.
What Are Ontario’s Booster Seat Laws?
In Ontario, a properly used booster seat is required for a child who is under 8, weighs at least 18 kg but less than 36 kg, and is less than 145 cm tall. Children can use a seat belt when they are 8, weigh 36 kg, or are 145 cm tall.
According to Transport Canada, a booster is for a child who has outgrown the forward-facing seat and weighs at least 18 kg. Always use child safety seats, including booster seats, until your child reaches the height or weight limit for these restraints. Children should use a booster until the vehicle’s seat belt fits them properly for the entire trip.
Ontario’s Legal Minimum And Safer Practice Are Different
| Question | Ontario legal rule | Safer decision |
|---|---|---|
| When is a booster required? | Unless subject to an exemption, the requirement applies to a child who is under 8 years of age, weighs at least 18 kg but less than 36 kg, and is under 145 cm tall. | Move your child to a booster when they have outgrown a forward-facing child safety seat. Keep them in a booster until an adult belt fits them properly. |
| When may a child use the seat belt alone? | After reaching age 8, 36 kg, or 145 cm. | The vehicle’s seat belt should lie low on the hips, with the shoulder portion in the middle of the shoulder. Your child should be able to sit upright for the entire trip. |
| Must a child under 13 sit in the back? | Ontario regulations don’t require all children under 13 to ride in the back seat. | Transport Canada and Ontario advise keeping children in the back seat away from front airbags. This recommendation goes beyond Ontario’s legal minimums. |
The driver is legally responsible for making sure each passenger under the age of 16 is properly restrained.
Drivers convicted of child passenger safety violations face a $240 fine and two demerit points.
Four Child-Restraint Stages
Stage 1: Rear-Facing
Ontario requires rear-facing restraints for children under 9 kg.
Transport Canada recommends keeping your child in a rear-facing child safety seat until they reach its maximum height or weight limit.
Always check the label and instructions before turning the child’s safety seat around.
Stage 2: Forward-Facing
When your child has outgrown their rear-facing child car seat and meets the minimum requirements for a forward-facing child car seat, your child can switch to one. In Ontario, a toddler weighs at least 9 kg but less than 18 kg.
Follow the harness and top-tether instructions in both your vehicle and child-seat manuals.
Stage 3: Booster
Just because your child has reached 18 kg does not mean they should move into a booster. Your child must have outgrown their forward-facing safety seat and be able to sit up straight and wear a lap-and-shoulder seat belt for the entire trip before they are ready for a booster.
If your child can’t wear the vehicle’s seat belt safely and comfortably on a regular seat, they aren’t ready to graduate from a booster.
Stage 4: Adult Seat Belt
Before removing the booster, check the belt in each seating position for proper fit:
- Back is flat against the seat back.
- Knees bend over the edge of the seat.
- Lap belt lies low on the hips and touches the thighs, not the stomach.
- Shoulder belt lies in the middle of the shoulder and across the chest.
- Child stays buckled like this for the entire ride.
Read More: See When a Child Can Sit in the Front Seat in Ontario
Should You Choose A High-Back Or Backless Booster?
Whichever type of booster you choose, it has to fit your child and fit well in your vehicle. Both types require a lap-and-shoulder belt.
If you’re using a backless booster, the seatback or head restraint should reach at least to the top of your child’s ears. If your vehicle has no head support that reaches this height, Transport Canada recommends using a high-back or different booster.
Don’t assume that the center rear seat is the safest place for your child to ride. Follow the vehicle and child-seat manual instructions and use a rear seating position where the booster can be installed securely.
Taxi And Lap-Belt Exceptions
In Ontario, exemptions from child-restraint laws exist, but they’re limited. They include ambulances, buses and taxicabs. For a taxicab, the exemption applies when the driver is transporting a client. It does not apply when the driver is taking a child somewhere for personal reasons or operating the cab under a school-transport contract.
Don’t automatically assume it’s safe to use a lap belt to secure your child. Most booster seats require a lap-and-shoulder belt. If your only option is a seat with a lap belt, refer to the vehicle and child-restraint manuals to determine what type of restraint, such as a harnessed seat, would be appropriate, or find another seat for your child.
Check A New Or Second-Hand Seat Before Use
Check your child’s measurements and confirm that the seat fits your vehicle. Look for the Canadian National Safety Mark, which indicates that the seat meets Canadian regulations. Read the car-seat and vehicle owners’ manuals to learn how, where and when to use the car or booster seat, including its seating position, airbag precautions, lower anchors and seat belts.
If purchasing a second-hand car seat, make sure you know its history. Make sure you have all of the seat’s parts and directions, that there are no cracks, and that the straps are not damaged. Make sure the seat was never involved in a collision. Follow the manufacturer’s instructions for replacing the seat after a crash, and check with your insurer because car insurance may not cover its replacement.
Determine whether your child’s car or booster seat is subject to any safety notices or recalls. Visit Transport Canada to check recalls by model name or model number. You’ll also need the seat’s date of manufacture.
Read More: See Why Seat-Belt Non-Use Is Linked to Fatal Collisions