In Ontario, the management of driver licences, including the issuance, suspension, and reinstatement processes, is governed by the Highway Traffic Act and regulations such as Ontario Regulation 339/94, which details the demerit point system.

This system is designed to encourage safe driving behaviours by penalizing infractions that contribute to unsafe driving conditions.

The consequences for accumulating demerit points passed individual licensees class limits, will result in the licence being suspended.

Novice drivers in Ontario, including G1, G2, M1 or M2 licences, are subject to stricter penalties under the demerit point system to instill responsible driving habits early on.

For these drivers, the accumulation of demerit points can lead to suspensions more rapidly than for their fully licensed counterparts.

• 4 or More Demerit Points: Where a novice driver is convicted of traffic ticket with 4 or more demerit points, their license will be suspended for 30 days.
• Accumulation of 6 Demerit Points: Any accumulation of 6 demerit points results in another suspension, reinforcing the need for caution and adherence to traffic laws.

These measures underscore the importance of responsible driving and the direct impact of traffic violations on a novice driver’s privilege to drive.

For fully licensed drivers, the threshold for penalties is higher, reflecting their experience and presumed familiarity with the rules of the road. However, accumulating demerit points can still lead to significant consequences:

• 6 to 8 Points: Drivers receive a warning letter.
• 9 to 14 Points: The driver may be called in for an interview to discuss their driving record and to provide reasons why their license should not be suspended.
• 15 or More Points: The driver’s license is suspended for 30 days for the first occurrence. Subsequent accumulations lead to longer suspensions.

In summary, while fully licensed drivers in Ontario enjoy a higher penalty threshold due to their experience, the accumulation of demerit points can still result in a potential suspension of their driving privileges, warning letters and mandatory interviews at the ministry offices.

Where a class G driver accumulates 8 demerit points, they may be required to attend an interview with a Ministry of Transportation official.

This is an opportunity to review the driver’s record and to argue against a license suspension. Failure to attend this interview can result in immediate suspension of the driver’s license.

Non-Attendance Consequences

Failing to attend a demerit point interview or to comply with other requirements can lead to the suspension or even cancellation of the driver’s license. This emphasizes the seriousness with which Ontario treats the demerit point system and safe driving behaviors.

Where a drivers licence has been suspended for demerit points the driver must follow this process to reinstate the licence

• Wait out the suspension period: There is no hearing or complaints process for demerit point suspensions. Where the demerit points accumulate beyond the drivers threshold the licence will be suspended
• Attend in person at a Service Ontario location, present the proof of fine payment and pay the reinstatement fee (as of date of writing the fee is $281.00.).

Where a licence has been suspended for demerit points, some drivers have found success in the appeal process, which whilst awaiting for a hearing the demerits come off the driving record, which allows the number of demerits to fall below suspension levels.  Drivers should consider legal advice from an experienced paralegal versed in traffic ticket defence such as OTT Legal.

Under the Financial Services Commission of Ontario, insurance companies must comply with these rules for drivers licence suspensions.

• Less than one year: An administrative lapse or suspension of a driver’s licence for less than one year must not affect an individual’s driving record or the number of years licensed for the purposes of rating.

• 12 to 36 months: When the length of an administrative lapse or suspension of a driver’s licence is between 12 and 36 months, an insurer is permitted to use the lapse or suspension as part of its risk classification system. However, the insurer must submit a rate filing with actuarial evidence to FSCO justifying the proposed rating rules. The rate filing will be subject to the normal review and approval process. Otherwise, use of an administrative lapse or suspension of a driver’s licence between 12 and 36 months will not be permitted for the purposes of rating.

• More than 36 months: If the length of an administrative lapse or a suspension of a driver’s licence is more than 36 months, an insurer is permitted to file rules to use the lapse or suspension of a driver’s licence as part of its risk classification system without additional actuarial evidence although the rules must meet the statutory criteria for approval. For example, an insurer may consider the period of time during which the licence has lapsed or been suspended for the purposes of rating.

An administrative lapse or a suspension of a driver’s licence is a documented driver’s licence lapse for administrative or medical reasons that are not connected to driving offence convictions.

Reasons can include non-renewal or expiry of a driver’s licence due to a consumer’s oversight, temporary medical conditions, unpaid parking tickets, outstanding support payments to the Family Responsibility Office or outstanding payment to the Motor Vehicle Accident Claims Fund.