Driving under suspension in Ontario refers to the act of operating a motor vehicle when your driver’s license has been suspended by the provincial or federal government.

Under the Highway Traffic Act, the law states:

Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

• (a)  for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
• (b)  for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,
  or to imprisonment for a term of not more than six months, or to both

Subsequent offence

(2) Where a person who has previously been convicted of an offence offence of driving while suspended under subsection (1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1) (b).

Licence suspended

(3) The driver’s licence of a person who is convicted of the offence of driving while suspended, an offence under subsection (1) or (1.1) is thereupon suspended for a period of six months in addition to any other period for which the licence is suspended, and consecutively thereto.

The penalties for driving under suspension are severe and designed to deter individuals from committing such offenses. They include:

• Fines: The fines for driving while suspended are substantial, ranging from $1,000 to $5,000 for a first offence. Repeat offenders face even steeper fines, which can escalate to $50,000, depending on the nature of the suspension and the driver’s history.

• Additional Suspension: If caught driving under suspension, individuals face a 6 month further extension of their suspension, making it even longer before they can legally drive again.

• Imprisonment: For repeat offences, the prosecution and court will be considering imprisonment up to 6 months, as well a fine and further suspensions. Jail terms can vary, reflecting the seriousness with which the law views the offence.

• Vehicle Impoundment: The law also allows for the vehicle being driven by the suspended driver to be impounded and removed from the roadway. The owner of the vehicle would be responsible for any towing or storage costs.

• Insurance Implications: Where a vehicle has been involved in an accident or where a claim is made and the driver is found to be unlicensed or under suspension, the insurance company may reject the claim. The insurance will state the vehicle was not being driven by a licenced driver as required by the policy.  As well drivers convicted of driving under suspension will find that the insurance considers them “high risk drivers” and as such the insurance rates are higher.

Given the severity of these penalties, it is highly recommended that individuals facing charges for driving under suspension seek legal advice and representation to navigate the complexities of the law and potentially mitigate the consequences

The Ministry of Transportation (MTO) considers a suspension notice officially served 7 days after mailing it to the registered address of the driver.

The government believes it is the driver’s responsibility to ensure the address on your drivers licence is your correct address.  Where the driver has moved and hasn’t updated the address the notice is still considered given.

Where the driver is stopped by the police for driving with a suspended licence, the onus is on the driver to prove they did not know of the suspension

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

• Pay the fine: The driver or their designate must attend at the court and pay the fine in full. The driver may be able to pay the fine online but ensure that you obtain a valid receipt to show the Ministry of Transport that the fine has been paid.
• Wait out the suspension period: drivers must wait until the complete suspension period has past.
• Attend in person at a Service Ontario location, pay the reinstatement fee (as of date of writing the fee is $281.00.).

The traffic court may advise the driver that it can take 4 days for the Ministry of Transportation to update their records.  Driver are advised to keep the documents with them while driving to show that the fine has been paid and the licence reinstated.

Many times drivers receive a large fine or numerous small fines that they are unable to pay within the time given by the court.

The court understands that not all people can make timely payments, but they do expect the driver to make reasonable efforts to pay for their convictions.

Where the driver is unable to pay the fine in full the court expects that the driver should make partial payments to the court.  Where the driver, makes efforts to pay their fines or applies to the court, the court will/may grant an extension of time to pay the fine.

Where the driver has entered into a payment plan with the court, the court will not request the licence be suspended.

Drivers can request more time pay, or enter into a payment plan with the court by completing and filing a Motion to Extend the Time to Pay a Fine.

A typical payment plan would be a small payment each month, say $50/month over a 6 -12 month period.  Where the driver makes timely payments the court would allow to extension to continue until the fine is paid.

Where a driver is unable to pay a fine a within the prescribed period and/or the fine has gone into default, the driver may apply to the court for a Motion to Extend the Time to Pay a Fine, under the Provincial Offences Act of Ontario.

The Provincial Offences Act states: A defendant may, at any time, make an application for an extension or a further extension of time for payment of a fine by completing the prescribed form and filing it in the office of the court.

Review by justice: If the justice is satisfied that the person who has defaulted is unable to pay the fine within a reasonable period of time, the justice may,

• grant an extension of the time allowed for payment of the fine;
• require the person to pay the fine according to a schedule of payments established by the justice;
• in exceptional circumstances, reduce the amount of the fine or order that the fine does not have to be paid

Where a driver enters into a Motion to Extend the Time to Pay a Fine, and the extension is granted, any suspension will be canceled.

See Filing a Motion to Extend the Time to Pay a Fine >>>

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.