Child Front Seat Regulations in Ontario

By Steph Walsh in Child Injury Lawyer, Hamilton Personal Injury Lawyer on October 24, 2024

Transitioning your child from the back seat to the front is a significant milestone in their journey toward growing up. It symbolizes a step toward independence, and many children look forward to sitting in the front seat for the sense of maturity and excitement it brings. However, this transition must be handled with great care, as placing a child in the front seat prematurely can lead to serious risks. Children who are too small or do not meet the proper weight requirements face an increased risk of injury from airbags and other factors in the event of an accident. Not only is it extremely dangerous, but it is also illegal to place a child in the front seat before they meet the required criteria.

Ontario has established various laws and guidelines to ensure children remain safe during every development phase as passengers. These regulations are designed to protect children and minimize risks, especially when an accident occurs. Our Hamilton car accident lawyers strongly encourage parents to familiarize themselves with these laws to avoid preventable injuries and ensure their children’s safety. Parents can help keep their children safe while enjoying the journey by understanding and adhering to front-seat passenger regulations.

Ontario Child Passenger Safety Laws

Ontario has height, weight, and age restrictions regarding car and booster seats. These are legal restrictions and are as follows: 

• If your child is an infant and weighs up to 20 pounds, they should be in a rear-facing child car seat.
• If your child weighs between 20 and 40 pounds, they should be in a forward-facing child car seat.
• If your child is under eight years old, weighs between 40 and 80 pounds, and is under 4 feet 9 inches tall, they should ride in a booster seat.

These laws are in place for your child’s safety; violating them can result in your child becoming injured, but you can also be held legally accountable. Lastly, if the manufacturer of your chosen care seat recommends that children of a certain weight or height ride in a rear-facing child car seat, it’s best to follow these instructions. 

Once your child is ready to move to a booster seat, you should ensure this is done safely. Ontario provides a set of official guidelines to help you ensure your child’s safety:

• Only install a booster seat in a seat with both a shoulder and a lap seat belt available.   
• Install the booster seat in the back seat and keep it away from active airbags.
• Adjust the booster seat’s lap and shoulder sections to match your child precisely. This includes ensuring the shoulder strap is across the shoulder, not the neck or face. The lap belt should cross low over their hips and not across their stomach.
• You should use seat adjusters to achieve a better fit as your child grows. Instead, find a new booster seat that fits accurately without needing any changes. 

Tips for finding the right car seats and booster seats for your child: 

• Safety standards. Choose car seats and booster seats that meet or exceed official safety standards and are certified by the manufacturer.
• Check for recalls. Before purchasing, check if the seat has been recalled by visiting Transport Canada.
• Consider ease of installation. Select a seat that is easy to install correctly. LATCH (Lower Anchors and Tethers for Children) systems or seat belts should easily achieve a secure fit. 
• Ensure proper fit for your child. Choose a seat appropriate for your child’s age, height, and weight. Consult the manufacturer’s guidelines and ensure the seat fits your child correctly once installed.
• Side-impact protection. Look for seats with extra padding, head support, or unique energy-absorbing materials designed to protect your child in a side-impact crash.
• Easy-to-clean materials. Seats with removable, machine-washable covers are easier to keep clean and maintain. Regular maintenance also ensures the seat stays safe and comfortable for longer.
• Avoid used or expired seats. Do not buy used car seats or booster seats unless you know the complete history. Avoid seats past their expiration date (usually 6-10 years from the manufacture date) or ones that have been in a crash.
• For booster seats, look for models with lap belt guides that help keep the belt positioned correctly on your child’s hips.
• Proper vehicle fit. Make sure the seat you choose fits your vehicle properly. Some seats may be too large or incompatible with specific vehicle models.
• Comfort features. Features like soft, breathable fabric, padding, and cup holders can make the seat more comfortable for your child, especially on long trips.

When Can a Child sit in the Front Seat? Age, Height, and Weight Requirements for Child Passengers

According to Ontario law, children must be over eight years old, weigh over 80 pounds, and be taller than four feet nine inches. If they meet only one or two of these requirements, you must wait until all three apply. However, even if children meet all of these requirements, it’s still recommended that they wait until they are 13 years old before sitting in the front seat. 

As our Hamiton car accident lawyers will attest, you must comply with the law, but the most important thing is your child’s safety. By following the law and all additional guidelines, you ensure your child is kept as safe as possible should an accident occur. 

Therefore, there are several factors to consider before allowing a child to sit in the front seat: 

• Age and size. Most safety organizations recommend that children under 13 ride in the back seat. Regardless of age, smaller children may not fit properly in the front seat and could be at higher risk of injury in a crash.
• Airbag. If deployed, front airbags can cause serious injury or even death to small children. If the vehicle has a front passenger airbag, it’s generally safest for children to ride in the back seat.
• Proper seat belt fit. A child should be tall enough to sit with their back against the seat, knees bent comfortably at the edge, and feet on the floor. The lap belt should fit snugly across the upper thighs, not the stomach, and the shoulder belt should fit across the chest and shoulder, not the neck. If the seat belt doesn’t fit properly like this, they should remain in the back seat regardless of age, height, or weight. 
• Maturity level. Children in the front seat should be mature enough to sit properly and quietly. They should be able to refrain from fiddling with the radio and other dash controls that could distract the driver. They should be able to maintain the correct position without putting their feet up, slouching significantly, constantly moving around, etc. Children who cannot handle this should remain in the back seat until they can. 
• Airbag deactivation: If a child must ride in the front seat (e.g., in a pickup truck with no back seat), the front passenger airbag should be deactivated, if possible.

Penalties for Violating Child Seat Regulations in Ontario

In addition to jeopardizing your child’s safety, there are several legal consequences for violating child passenger, car seat, and booster seat laws: 

• You can be fined between $200-$1000. 
• You can receive two demerit points. 

There are a variety of scenarios wherein you may face these consequences, such as: 

• Failure to use a car seat or booster seat for a child who needs it. 
• Using a booster seat or car seat that’s been installed incorrectly. 
• Failure to secure a child (anyone under 16 years old).
• A child in the front seat who doesn’t meet the legal requirements. 

You can contact our Hamtilon car accident lawyers for more information or clarification regarding child passenger laws. While the direct legal consequences of breaking child passenger laws include fines and demerit points, depending on the circumstances, you may face additional consequences such as increased insurance premiums, court costs, or mandatory educational programs.

The possible fines range from $240 to $1000 to allow for the consideration of circumstances. For example, the minimum fine may be applied to cases where the violation was unintentional or a first offence. 

In contrast, a larger fine may be applied to more severe violations. For example, if the driver is a repeat offender, multiple children are involved, or if the driver was also speeding or committing another offence. 

If Your Child was hurt in a Car Accident, we Can Help. We Help Small Kids in Big Cases. 

Children are among the most vulnerable victims in car accidents, truck collisions, pedestrian incidents, and other types of accidents. Their developing bodies and growing minds make them especially susceptible to serious injuries, even in seemingly minor incidents. The injuries they sustain can have long-term consequences, impacting not just their physical health but also their emotional and psychological well-being. Our Hamilton car accident lawyers have witnessed firsthand the profound effect that such injuries can have on children and their families, creating challenges that last well beyond the accident itself.

While ensuring your child is correctly secured in an appropriate booster or car seat and following all safety guidelines can significantly reduce the risk of severe injury, these measures cannot guarantee complete protection. If your child has been hurt in a car accident, our dedicated Hamilton car accident lawyers are here to help you seek the compensation and support your family needs during this challenging time.

We have extensive experience navigating child injury car accident cases and can help you hold the guilty party accountable. An injured child affects the whole family, including parents and siblings. You should be entirely focused on your child, getting them the help and treatment they need. 

Our Hamilton car accident lawyers can connect you with our strong network of qualified healthcare professionals to ensure your child gets the best care. We’ll handle the legal aspects of your case, guiding you through the process and ensuring everything is done correctly. This allows you to focus on caring for your child, yourself, and your family. 

Call our Hamilton car accident lawyers today for a free consultation if your child has been hurt in a car accident. We do not charge any fees upfront, and we’ll spend as much time as you need discussing your circumstances and providing you with our best legal advice.

Call our Hamilton Car Accident Lawyers today, no matter where you are in Ontario, at 1-844-LALANDE or local throughout Southern Ontario at 905-333-8888. Alternatively, you can contact us online, confidentially, by filling out a contact form. You may also have a social worker or nurse practitioner reach out to us on your behalf if you can’t.