(a) occupy a seating position for which a seat belt assembly has been
(b) wear the complete seat belt assembly as required by subsection (5).
(4) No person shall drive on a highway a motor vehicle in which there is
a passenger who is under 16 years old unless,
(a) that passenger,
( i) occupies a seating position for which a seat belt assembly has
been provided, and
( ii) is wearing the complete seat belt assembly as required by
subsection (5); or
(b) that passenger is required by the regulations to be secured by
a child seating system or child restraint system, and is so secured.
 The above legislation came before the provincial legislature on December 4, 2006. One of the amendments proposed to
the legislation was “. . . to ensure that the responsibility remains
with the driver of the vehicle for those occupying the vehicle. We
believe that there should be consequences for the driver, regardless of the age of the occupants, if he or she chooses to operate
a vehicle with unrestrained passengers.” This amendment was
not adopted by the provincial legislature.
 The parties agree that there is no Canadian authority on
this point. However, Novex submits that authorities, such as
Galaske v. O’Donnell,  1 S.C.R. 670,  S.C.J. No. 28,
while dealing with different issues than the case at bar, have
already established a driver owes a duty to vulnerable passengers
to ensure that passengers are seat belted.
United Kingdom authorities
 In the United Kingdom, it may be that, unless there are
“special circumstances”, drivers are not required to ensure that
adult passengers with full mental and physical capacity wear seat
belts. It would appear there is a general reluctance by the courts
to find a driver responsible to ensure that a passenger wears and
maintains his seat belt.
 In Froom v. Butcher,  1 Q.B. 286,  3 W.L.R.
379 (C.A.), Lord Denning held that, “[u]nder the Highway Code
a driver may have a duty to invite his passenger to fasten his seat
belt: but adult passengers possessed of their faculties should not
need telling what to do. If such passengers do not fasten their
seat belts, their own lack of care for their own safety may be the
cause of their injuries.”