Quebec Car Seat Laws: Booster Rules Under Article 397

Quebec law requires any child under 145 centimetres tall or under 9 years old to ride in a restraint system or booster seat, under article 397 of the Code de la sécurité routière, but the statute itself sets almost nothing beyond that single threshold, otherwise deferring to the manufacturer's instructions affixed to the restraint (including the 18 kg minimum every booster must state) and leaving the rear-facing and forward-facing stages to SAAQ guidance.

Jurisdiction scope: This article covers Quebec's provincial child-restraint law under the Code de la sécurité routière and SAAQ (Société de l'assurance automobile du Québec) guidance. It does not cover other provinces or the federal Motor Vehicle Safety Act's manufacturing standards in detail beyond the touchpoint that matters for Quebec drivers.

What Quebec law actually requires

Article 397 of the CSR sets one binding test. In the official English version, its first paragraph reads: "In a moving road vehicle, every child who is less than 145 cm tall or under 9 years of age must be restrained by a restraint system or booster seat that complies with the regulations under the Motor Vehicle Safety Act (S.C. 1993, c. 16). The restraint system or booster seat must, in accordance with the manufacturer's instructions affixed thereon, be suitable for the child's height and weight and be securely attached to the vehicle."

That is the entire mandate. The Code does not itself define separate rear-facing, forward-facing, and booster stages, does not itself put a number on the minimum weight for moving into a booster (that minimum is on the booster's mandatory label, see The federal layer below), and does not prescribe a specific readiness test for using a seatbelt alone. It sets a single outer boundary (145 cm or age 9) and otherwise defers to the restraint's own manufacturer instructions. Compare that to a companion article, 396, which requires everyone else in the vehicle to wear a seatbelt properly, and expressly carves out any child covered by article 397.

Article 397 was amended by 2018, chapter 7, article 101 (in force April 18, 2018), including renaming the booster (« coussin d'appoint » became « siège d'appoint ») and replacing the medical dispensation with an SAAQ authorization to use a different restraint system, while the threshold was still the old 63 cm seated-height test. The threshold itself came from the same provision (2018, chapter 7, article 101), whose threshold change took effect a year later, on April 18, 2019, moving the article from 63 cm of seated height to the current 145 cm or age 9 test. 2019, chapter 18, article 238 only added, on October 10, 2020, the reference to an automobile considered to be a taxi. Quebec's own official law database confirms both the before and after text of the article side by side, so this is a verified change in the underlying statute, not a media paraphrase.

When can a child stop using a booster?

Article 397 does not say in so many words when the duty ends, and the two thresholds can be read two ways.

The SAAQ, which enforces the Code, states in its booster-seat leaflet: « Selon la loi, un enfant qui a atteint l'âge de 9 ans ou qui mesure au moins 145 cm peut cesser d'utiliser un siège d'appoint » (by law, a child who has turned 9 or is at least 145 cm tall may stop using a booster seat). On that reading, the duty ends as soon as either threshold is reached.

The statute's wording can also be read more strictly. A 9-year-old under 145 cm is still a child "less than 145 cm tall", and an 8-year-old who is 145 cm tall is still a child "under 9 years of age". On that reading, the duty lasts until the child has reached both thresholds.

This page does not present either reading as settled by a court. In practice, keeping the booster until the child is both 9 and 145 cm satisfies both. The SAAQ also recommends staying in a booster as long as, sitting directly on the vehicle seat, the child cannot bend their knees at the seat edge with their back against the seatback, or the belt does not cross the middle of the shoulder (collarbone) and the hips.

Law vs. SAAQ guidance: keep these separate

Quebec's statute is deliberately thin on staging, and SAAQ's own published safety materials draw the same line this article draws: SAAQ labels the 145 cm / 9-year rule « la loi » and labels its rear-facing recommendation « la littérature », meaning research-based guidance, not statute. The table below keeps the legal floor and the safety recommendation separate on purpose.

SAAQ's guidance explicitly tells parents to keep using a booster past the legal minimum if a child does not yet meet those criteria, meaning meeting article 397's floor and being genuinely ready to ride with the seatbelt alone are not automatically the same thing.

The Canada Car Seat Checker applies article 397's own age and height test to a specific child, showing which restraint Quebec law requires and the penalty that applies.

Who has to comply, and the exemptions

Article 397 is written passively (a child "must be restrained") and does not itself appear in any of the Code's penalty provisions. Article 401 names who is responsible: "No person may drive a road vehicle carrying a passenger under 16 years of age who does not fulfil the obligations prescribed under this division." Article 397 sits in that division (Seat belts), so a driver carrying a child who is not properly restrained contravenes article 401.

The second paragraph of article 401 provides: "The first paragraph does not apply to taxi, bus or minibus drivers, or to drivers of automobiles considered to be taxis, in the performance of their duties." Instead, "an adult passenger accompanying a passenger under 16 years of age in a taxi or in an automobile considered to be a taxi must ensure that the latter is transported in compliance with the conditions set out in this division."

For the child, three exceptions exist, all within articles 397 and 398:

• Manufacturer-unbelted seating positions. No restraint is required for a child in a seating position the vehicle manufacturer did not equip with a seatbelt, and only if no belted seat is available. This mechanism is the practical basis for why large school buses, most of which are not factory-equipped with seatbelts, do not require child seats, though article 397 does not name buses specifically.
• SAAQ medical exemption (article 398). On written request, SAAQ may authorize an alternate restraint arrangement for exceptional medical reasons, for a period SAAQ sets.
• The taxi and police-vehicle fallback is conditional, not blanket. This clause only applies "If the first paragraph cannot be complied with", meaning only when the proper restraint requirement genuinely cannot be met. In that specific situation, a seatbelt alone is sufficient for a child in a taxi, an automobile considered to be a taxi, or a police vehicle, unless the child is clearly unable to maintain an upright position or is otherwise covered by an article 398 exemption. In practice, this means Quebec does not require taxi operators to carry car seats and a parent without a portable seat can legally use a taxi with just the seatbelt, but the statute frames this as a fallback for an unmet condition, not as a standing carve-out for the entire taxi industry.

Penalties

A driver who contravenes article 401 is liable, under article 508 of the Code, to "a fine of $80 to $100". The Demerit Points Regulation (CQLR c. C-24.2, r. 37) assigns 3 points to "Failure to wear a seat belt" under sections 396 or 401, with article 508 as the penalty provision. In its March 14, 2019 release announcing the 145 cm / age 9 rule, the Quebec government stated that a driver who does not comply « peut recevoir une amende de 80 $ à 100 $ » (may receive a fine of $80 to $100) and have 3 demerit points recorded.

This penalty does not apply to taxi, bus or minibus drivers, or drivers of automobiles considered to be taxis, in the performance of their duties (article 401, second paragraph).

Never leave a young child alone in the vehicle

Article 380 of the Code provides: "No person may leave a child under 7 years of age unattended in a road vehicle under his custody." The offence carries a fine of $60 to $100 (article 507). The SAAQ repeats this rule in its leaflet « Le siège d'auto, jusqu'à quand? ».

Enforcement in practice

SAAQ's own 2022 safety fact sheet, using 2017 to 2021 annual averages, reports that children age 9 and under made up 14% of injured vehicle passengers, with an average of 4 deaths, 15 serious injuries, and 854 minor injuries per year among that age group. SAAQ states that when a car seat is used correctly, the odds of death or serious injury in a crash drop by up to 70%.

A separate INSPQ (Institut national de santé publique du Québec) source, using 2015 to 2020 annual averages, reports about 1,188 injured children age 9 and under per year, with 4 deaths, 19 seriously injured, and 1,169 lightly injured. These two figures use different time windows and likely different inclusion criteria, so they should not be averaged together, but both point the same direction.

A coroner's report into a fatal crash near Lac-au-Saumon (crash date August 5, 2021; report published May 3, 2022) found that of four children in the vehicle, two were properly restrained and two, ages 4 and 5 in a middle seating position, were not, sharing a single seatbelt that neither appeared to be wearing. Three people died in that crash, including the 5-year-old. The coroner issued no formal recommendations in that matter.

Beyond the legal minimum

Meeting article 397's 145 cm / age 9 floor is not the same as a child being safely secured. SAAQ's own published guidance, layered on top of the legal minimum, recommends keeping a child rear-facing until at least age 2, staying in a 5-point harness seat past the legal minimum until the seat's manufacturer-rated maximum weight, and checking seating position and belt fit before letting a child use a seatbelt alone. None of these recommendations are separately enforceable under the Code; they exist because SAAQ's safety research shows the legal floor is not always the safest choice for a given child's size. The 18 kg (40 lb) booster minimum, which SAAQ also states, is more than a recommendation: it is on every booster's mandatory label, and article 397 requires following those manufacturer instructions.

The federal layer

Article 397 cross-references federal law directly: a restraint or booster must comply with regulations made under the federal Motor Vehicle Safety Act. That is the statutory hook for Canada's National Safety Mark requirement. Transport Canada has stated that a restraint sold or imported without the Mark would be considered illegal to use under a province or territory's traffic law. Practically, a seat bought in the United States and carrying only US certification, without the Canadian National Safety Mark, would not meet article 397's compliance requirement, making its use in Quebec legally questionable under this reading.

The federal regulation also requires every child restraint system to carry, among other things, its date of manufacture and the minimum and maximum masses and heights of the children for whom the manufacturer recommends it (Motor Vehicle Restraint Systems and Booster Seats Safety Regulations, SOR/2010-90, section 218). For booster seats, section 409 of the same regulations requires a permanent label showing, among other things, the date of manufacture, the mass and height range of the persons for whom the manufacturer recommends the seat, and "a statement indicating that the booster seat must be used only by persons whose mass is at least 18 kg". That label is how a parent checks that the seat is suitable for the child's height and weight, as article 397 requires; a booster used for a child under 18 kg therefore does not follow the manufacturer's instructions affixed to it.

Consequences beyond a ticket

The strongest reason to comply with article 397 has nothing to do with enforcement. SAAQ's own data shows correctly used car seats cut the odds of death or serious injury by up to 70% in a crash, and the Lac-au-Saumon coroner's report is a documented example of what happens when two children shared one seatbelt in a crash that killed one of them. The fine is the least of the stakes: according to the SAAQ, a belt riding on the neck and stomach of a child too small for it can cause serious spinal or internal injuries in a crash.

Information last verified October 26, 2026, against the LégisQuébec consolidation of the Code de la sécurité routière up to date as of October 15, 2026, the Demerit Points Regulation, and SAAQ-published safety documents. This is general legal information, not legal advice.

Frequently Asked Questions

What is the current car seat law in Quebec?

Under article 397 of the Code de la sécurité routière, any child under 145 cm tall or under 9 years old must ride in a restraint system or booster seat that complies with federal safety standards and is adapted to the child's weight and height.

When did Quebec change from the 63 cm rule to the 145 cm / age 9 rule?

The change took effect April 18, 2019. It came from 2018, chapter 7, article 101, whose threshold change took effect on that date. Before that date, article 397 used a 63 cm seated-height test rather than the current 145 cm or age 9 test.

At what age or height can a child stop using a booster seat in Quebec?

The SAAQ, which enforces the Code, says a child who has turned 9 or is at least 145 cm tall may stop using a booster. Article 397, which covers every child who is less than 145 cm tall or under 9 years of age, can also be read more strictly, as requiring the child to have reached both thresholds. Neither reading is presented here as settled by a court. Keeping the booster until age 9 and 145 cm satisfies both, and the SAAQ recommends keeping it longer if the belt does not cross the middle of the shoulder and the hips.

Is there a legal minimum weight for a booster seat in Quebec?

Yes, indirectly. Article 397 sets no number itself, but it requires a booster to be suitable for the child's weight in accordance with the manufacturer's instructions affixed to it. Federal rules require every booster that meets Canadian standards to state that it must be used only by persons whose mass is at least 18 kg (SOR/2010-90, s. 409). Using a booster for a child under 18 kg therefore goes against the instructions article 397 incorporates. SAAQ also states this 18 kg (40 lb) minimum.

Are taxis exempt from car seat requirements in Quebec?

Not as a blanket rule. A seatbelt alone is legally sufficient in a taxi, an automobile considered to be a taxi, or a police vehicle only when the proper restraint requirement cannot be met, such as no suitable seat being available. It is a conditional fallback, not a standing exemption for the taxi industry. An on-duty taxi driver is not liable for how the child is restrained: the accompanying adult passenger must make sure of it (article 401).

What is the fine for not using a car seat in Quebec?

A driver carrying a passenger under 16 who is not restrained as article 397 requires contravenes article 401 of the Code de la sécurité routière. The fine is $80 to $100 (article 508), and 3 demerit points are recorded (Demerit Points Regulation).

Can I use a car seat bought in the United States in Quebec?

Article 397 requires a restraint that complies with regulations under the federal Motor Vehicle Safety Act, which in practice means it needs Canada's National Safety Mark. Transport Canada has stated that a seat without that mark is not considered legal to use in any province or territory, including Quebec.

When can a child stop using a rear-facing car seat in Quebec?

Article 397 does not set a rear-facing minimum age. SAAQ recommends keeping a child rear-facing until at least age 2 as safety guidance, separate from the legal requirement.

Who is legally responsible if a child isn't properly restrained in Quebec?

The driver. Article 401 of the Code bars driving a vehicle carrying a passenger under 16 who does not meet the seatbelt and child-restraint rules. On-duty drivers of taxis, automobiles considered to be taxis, buses and minibuses are excluded; in a taxi, the adult passenger accompanying the child must make sure the child is properly restrained.