Caregiver Resources

Call to action for Transport Canada and Health Canada

Last updated 23-Apr-2023 / view citations or download here in English / en français

Media release 26-Apr-2023 in English / Communiqué de presse 5 mai 2023 en français

The Child Passenger Safety Association of Canada (CPSAC) strongly urges Transport Canada and Health Canada to take action to keep dangerous child restraint products out of Canadian vehicles.

Why is a safe car seat important?
Motor vehicle collisions are the leading cause of fatal injury to children in Canada.¹ When a safe child restraint (car seat, booster seat) is used properly, the risk of injury to a child in a collision is reduced by up to 82% and the risk of a child being killed is reduced by up to 71%.² Car seats save lives. All car seats and booster seats sold in Canada must pass regulated testing under Canada’s Motor Vehicle Safety Act.³

The issue:
The Child Passenger Safety Association of Canada is aware of the alarming trend of unsafe, counterfeit seats becoming increasingly accessible to Canadian caregivers. There are a variety of unregulated, dangerous products available online on popular platforms, including online marketplaces and 3rd party sections of trusted Canadian retailers, as well as discounted direct-ship sites that are relatively new and growing in popularity. There is concern that caregivers that purchase these products are unaware that they do not meet Canadian safety standards and that their child will be at risk in a collision.

Although the importation, distribution, and sale of child restraints is regulated in Canada, these illegal products are making it across the border and showing up in Canadian vehicles. CPSAC has received reports from caregivers looking for assistance using these unsafe products, and recently two of our members in different provinces placed and received orders for counterfeit child restraints.

In recent years, products marketed as car seats were more easily distinguishable as unsafe, and Transport Canada issued a notice warning against their use⁴ as recently as November 2022; however, newer counterfeit models closely resemble regulated Canadian car seats and are harder for families to identify as fake.  

Call to action:
CPSAC is calling for Transport Canada to issue a notice for each make and model of counterfeit seat sold to Canadian caregivers and warn caregivers of the dangers these products pose. The retailers selling these products must also be held accountable, by communicating to consumers the names of businesses responsible for selling unsafe products, directly or through marketplace partners.

It is imperative that Health Canada also addresses this threat to Canadian children by stopping the importation of hazardous products marketed to Canadian families and caregivers and holding retailers accountable for the importation and sale of illegal products to Canadians. 

Transport Canada’s role:
Transport Canada develops and enforces the standards, regulations, and test methods for the manufacture and importation of car seats and booster seats in Canada.

The Motor Vehicle Safety Act requires any car seat manufactured for sale in Canada or imported into Canada be certified and clearly labeled with the National Safety Mark (NSM), indicating that it complies with all applicable Canadian standards in effect at the time of manufacture.⁵ A product sold as a car seat or booster seat without the NSM is not legal for sale or use in Canada.

Alerts and notices:
Transport Canada communicates safety-related issues about car seats and booster seats to consumers. Caregivers usually refer to notices and alerts as recalls; a recall may be issued if a Canadian seat does not comply with safety standards or if there is a safety or usage issue;⁶ however, a recall only applies to seats from legitimate manufacturers of car seats and booster seats for the Canadian market. In some cases where there is a more general concern, Transport Canada issues a Consumer Information Notice. CPSAC strongly urges Transport Canada to expand the scope of the November 2022 notice on this issue. 

Health Canada’s role:
Health Canada’s Canada Consumer Product Safety Act (CCPSA) regulates the importation and sale of many items, including cosmetics, toys, and other consumer goods, including car seats and booster seats. Its purpose is to protect the public by addressing and preventing dangers to human health or safety that are posed by consumer products in Canada.⁷

The Act makes it illegal to manufacture, import into Canada, advertise, or sell a consumer product that does not comply with the requirements of the regulations that apply to them. In the case of car seats and booster seats, this means that, in order to be sold, given, or loaned, they must meet specific criteria in the Motor Vehicle Restraint Systems and Booster Seats Safety Regulations (RSSR).⁷

Caregivers and consumer action:

If a caregiver owns a counterfeit car seat or booster seat, we urge them to stop using it immediately.

The use of a product masquerading as a car seat or booster seat to transport a child in a vehicle would violate provincial and territorial highway laws and, most importantly, threaten the child’s life and safety in a crash.

Until this issue has been addressed, caregivers shopping for a new car seat or booster seat online should take care to purchase only from the Canadian storefront of reputable, trusted retailers. Inspect new car seats and booster seats purchased online to ensure there is a National Safety Mark (NSM)⁵ present — a round sticker with a maple leaf — and report unsafe products to Health Canada via their online Consumer Incident Reporting Form.