System Regulations

N.S. Reg. 221/2005

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

Seat Belt and Child Restraint System Regulations

made under subsection 175(8) of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

O.I.C. 2005-519 (November 24, 2005, effective January 1, 2007), N.S. Reg. 221/2005

amended to O.I.C. 2020-333 (effective December 15, 2020), N.S. Reg. 188/2020

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Passengers less than 9 years old must be secured

Classification of passengers less than 9 years old

Standards for child restraint systems for infants

Standards for child restraint systems for young children

Standards for child restraint systems for older children

Out-of-Province motor vehicles

Child restraint systems on buses

Letter signed by qualified medical practitioner or nurse practitioner

Motor vehicle used for transporting prisoners

Citation

1 These regulations may be cited as the Seat Belt and Child Restraint System Regulations .

Definitions

2 In these regulations,

“Act” means the Motor Vehicle Act ;

“booster seat” means a child’s car seat that is designed to seat an older child and is

used, together with a seat belt, as a child restraint system for the child;

“Canada Motor Vehicle Safety Standard 207- Anchorage of Seats” means

section

207 of

Schedule IV to the Motor Vehicle Safety Regulations ;

“Canada Motor Vehicle Safety Standard 208 - Occupant Restraint Systems in

Frontal Impact” means

section 208 of

Schedule IV to the Motor Vehicle Safety

Regulations ;

“Canadian Motor Vehicle Safety Standard 209 - Seat belt Assemblies” means

section 209 of

Schedule IV to the Motor Vehicle Safety Regulations ;

“Canadian Motor Vehicle Safety Standard 210 - Seat belt Assembly Anchorages”

means

section 210 of

Schedule IV to the Motor Vehicle Safety Regulations ;

“Canadian Motor Vehicle Safety Standard 210.1- User-friendly tether Anchorages

for Restraint Systems” means

section 210.1 of

Schedule IV to the Motor Vehicle

Safety Regulations ;

“Canadian Motor Vehicle Safety Standard 210.2 - Lower Universal Anchorage

Systems for Restraint Systems and Booster Cushions” means

section 210.2 of

Schedule IV to the Motor Vehicle Safety Regulations ;

“Canada Motor Vehicle Safety Standard 213 - Child Restraint Systems” means

Schedule 3, CMVSS 213 - Child Restraint Systems to the Motor Vehicle Restraint

Systems and Booster Cushions Safety Regulations ;

“Canada Motor Vehicle Safety Standard 213.1 - Infant Restraint Systems” means

Schedule 4, CMVSS 213.1 - Infant Restraint Systems to the Motor Vehicle

Restraint Systems and Booster Cushions Safety Regulations ;

“Canada Motor Vehicle Safety Standard 213.2 - Booster Cushions” means

Schedule 5, CMVSS 213.2 - Booster Cushions to the Motor Vehicle Restraint

Systems and Booster Cushions Safety Regulations ;

“Canada Motor Vehicle Safety Standard 213.3 - Restraint Systems for Disabled

Persons” means

Schedule 6, CMVSS 213.3 - Restraint Systems for Disabled

Persons to the Motor Vehicle Restraint Systems and Booster Cushions Safety

Regulations ;

“Canada Motor Vehicle Safety Standard 213.4 - Built-in Child Restraint Systems

and Built-in Booster Cushions” means

section 213.4 of

Schedule IV to the Motor

Vehicle Safety Regulations ;

“Canada Motor Vehicle Safety Standard 213.5 - Restraint Systems for Infants with

Special Needs” means

Schedule 7, CMVSS 213.5 - Restraint Systems for Infants

with Special Needs to the Motor Vehicle Restraint Systems and Booster Cushions

Safety Regulations ;

“ Motor Vehicle Safety Regulations ” means the Motor Vehicle Safety Regulations

made under the Motor Vehicle Safety Act (Canada);

“ Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations ”

means the Motor Vehicle Restraint Systems and Booster Cushions Safety

Regulations made under the Motor Vehicle Safety Act (Canada);

“nurse practitioner” means a nurse practitioner licensed under the Nursing Act ;

“out-of-Province vehicle” means a motor vehicle that is registered or required to be

registered in a jurisdiction other than the Province and operated in the Province,

but that is not required to be registered under the Act.

Child Restraint Systems

Passengers less than 9 years old must be secured

3 Except as provided in subsection 4(2) and

Section 8A, a child who is less than 9 years

old must be secured in a child restraint system when in a motor vehicle that is being

operated on a highway.

Classification of passengers less than 9 years old

(1) A child who is less than 9 years old is classified into the following classes of

passenger:

(

a) infants: all children who are less than 1 year of age and those children of

any age who weigh less than 10 kg (22 lb.) are classified as infants;

(

b) young children: all children who are at least 1 year of age and weigh at

least 10 kg (22 lb.) and less than 18 kg (40 lb.) are classified as young

children;

(

c) older children: all children under 9 years of age who weigh at least 18 kg

(40 lb.) and have a standing height of less than 145 cm (57 in.) are classified

as older children.

(2) A child who does not fit the criteria for the classes of passenger described in

subsection (1) because the child weighs 18 kg (40 lb.) or more and has a standing

height of 145 cm (57 in.) or more is not required to be secured in a child restraint

system.

Standards for child restraint systems for infants

(1) An infant in a motor vehicle that is being operated on a highway must be secured

in a rearward-facing child restraint system that

(

a) conforms to the requirements of Canada Motor Vehicle Safety Standard

213.1 - Infant Restraint Systems or Canada Motor Vehicle Safety Standard

213.5 - Restraint Systems for Infants with Special Needs; and

(

b) is otherwise used in accordance with the manufacturer’s instructions.

(2) A rearward-facing child restraint system must not be used in a motor vehicle seat

that is equipped with an active frontal air bag.

Standards for child restraint systems for young children

6 A young child in a motor vehicle that is being operated on a highway must be secured in

a child restraint system that

(

a) conforms to the requirements of 1 of the following standards:

(

i) Canada Motor Vehicle Safety Standard 213 - Child Restraint

Systems,

(ii) Canada Motor Vehicle Safety Standard 213.1 - Infant Restraint

Systems,

(iii) Canada Motor Vehicle Safety Standard 213.3 - Restraint Systems for

Disabled Persons,

(iv) Canada Motor Vehicle Safety Standard 213.4 - Built-in Child

Restraint Systems and Built-in Booster Cushions,

(

v) Canada Motor Vehicle Safety Standard 213.5 - Restraint Systems for

Infants with Special Needs; and

(

b) is otherwise used in accordance with the manufacturer’s instructions.

Standards for child restraint systems for older children

7 An older child in a motor vehicle that is being operated on a highway must be secured in

a child restraint system that

(

a) conforms to Canada Motor Vehicle Safety Standard 213.2 - Booster

Cushions, if it is a booster seat child restraint system, or 1 of the standards

listed in clause 6(a), if it is any other type of child restraint system; and

(

b) is otherwise used in accordance with the manufacturer’s instructions.

Out-of-Province motor vehicles

(1) Sections 2 to 7 do not apply to a child in an out-of-Province vehicle, if the driver

and passengers in the motor vehicle comply with all requirements for child

restraint systems in force in the jurisdiction in which the motor vehicle is registered

or required to be registered.

(2) Despite subsection (1), if the jurisdiction in which an out-of-Province vehicle is

registered or required to be registered does not require a child who is less than 16

years old to be secured in a child restraint system, the child must wear a seat belt if

a seating position with a seat belt is available to them.

Child restraint systems on buses

(1) In this Section, “manufacturer-installed system” means a system installed by a

manufacturer in accordance with the following standards as required by

Schedule

III to the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety

Act (Canada):

(

a) Canada Motor Vehicle Safety Standard 207- Anchorage of Seats;

(

b) Canada Motor Vehicle Safety Standard 208 - Occupant Restraint Systems in

Frontal Impact;

(

c) Canadian Motor Vehicle Safety Standard 209 - Seat belt Assemblies;

(

d) Canadian Motor Vehicle Safety Standard 210 - Seat belt Assembly

Anchorages;

(

e) Canadian Motor Vehicle Safety Standard 210.1- User-friendly tether

Anchorages for Restraint Systems;

(

f) Canadian Motor Vehicle Safety Standard 210.2 - Lower Universal

Anchorage Systems for Restraint Systems and Booster Cushions.

(2) Sections 3 to 7 do not apply to a child who is less than 9 years old when in a bus,

school bus or transit bus being operated on the highway if there is no seating

position with a manufacturer-installed system that allows the use of a child

restraint system available to the child.

Seat Belt Exemptions

Letter signed by qualified medical practitioner or nurse practitioner

9 A person who is exempt from wearing a seat belt or child restraint system under clause

175(7)(

b) of the Act must produce a letter signed by a qualified medical practitioner or

nurse practitioner when requested by a peace officer and the letter must be received in

evidence in any proceedings in any court without proof of the signature of the medical

practitioner or nurse practitioner.

Motor vehicle used for transporting prisoners

10 The driver and passengers of a motor vehicle used for transporting prisoners are exempt

from

Section 175 of the Act while prisoners are being transported.

Legislative History

Reference Tables

Seat Belt and Child Restraint System Regulations

N.S. Reg.

221/2005

Motor Vehicle Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Seat Belt and Child Restraint System Regulations made

under the Motor Vehicle Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

221/2005

Jan 1, 2007

date specified

Dec 9, 2005

366/2008

Aug 27, 2008

date specified

Sep 12, 2008

188/2020

Dec 15, 2020

date specified

Jan 1, 2021

The following regulations are not yet in force and

are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

1 ........................................................

am. 366/2008

2 ........................................................

rs . 366/2008

2, defn .

of “nurse practitioner” ....

ad. 188/2020

3 ........................................................

am. 366/2008

5(1)(a) ...............................................

am. 366/2008

6(a)( i )-(v) ..........................................

am. 366/2008

7(a) ...................................................

am. 366/2008

8A .....................................................

ad. 366/2008

9 ........................................................

am. 188/2020

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only regulations

that are specifically repealed and replaced appear in this table. It may not reflect the entire history of

regulations on this subject matter.

Document details

Collection	Nova Scotia — Regulations
Citation	N.S. Reg. 221/2005
Date	2005-01-01
Type	regulation
Volume / chapter	just regulations regs mvseatb.htm
Language	en
Format	htm
Source	PROVINCIAL
Identifier	9c7f69fcee9472b33e7aafcdd8342d30d6228c8e

Source file is stored in the law ingest library (htm).

System Regulations

Part II .

Table of Contents

Citation

Definitions

Citation

Definitions

Schedule IV to the Motor Vehicle Safety Regulations ;

section 208 of

Schedule IV to the Motor Vehicle Safety

section 209 of

Schedule IV to the Motor Vehicle Safety Regulations ;

section 210 of

Schedule IV to the Motor Vehicle Safety Regulations ;

section 210.1 of

Schedule IV to the Motor Vehicle

section 210.2 of

Schedule IV to the Motor Vehicle Safety Regulations ;

Schedule 3, CMVSS 213 - Child Restraint Systems to the Motor Vehicle Restraint

Schedule 4, CMVSS 213.1 - Infant Restraint Systems to the Motor Vehicle

Schedule 5, CMVSS 213.2 - Booster Cushions to the Motor Vehicle Restraint

Schedule 6, CMVSS 213.3 - Restraint Systems for Disabled

section 213.4 of

Schedule IV to the Motor

Schedule 7, CMVSS 213.5 - Restraint Systems for Infants

Section 8A, a child who is less than 9 years

Schedule

Section 175 of the Act while prisoners are being transported.

Part II Issue

Part II Issue

8A .....................................................

Document details