Where a driver is convicted of a traffic violation and a fine is assessed the driver must pay the fine within the prescribed period allowed by the court.

If the fine is not paid and goes into default the courts will notify the Ministry of Transportation who will suspend the drivers licence.

The licence remains suspended until the fine is paid in full, or the driver has made arrangements to do so.

Once a police officer issues a traffic ticket to the driver, the driver has 45 days to notify or “Respond to the Ticket”.

During this period the court, the driver is expected to respond to the ticket by pleading not guilty and requesting a court date or to pay the fine.

This period is crucial as it determines the course of action: ignoring the ticket results in an automatic “failure to respond” conviction, while missing a court date for a contested ticket leads to a conviction in absentia. For those pleading guilty, the court typically sets a 30-day timeframe to settle the fine.

Usually the court will give a minimum of 30 days to pay, but where the fine is large the judge may extend this time from 30 days to 6 months or longer.

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 unpaid fines 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.
• 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.).

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.

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 >>>

Where a fine has gone into default a the traffic court administration may apply to the Small Claims court for a judgement.

The judgement filed by a municipality allows the municipality to add interest and fees to the fine.  Where the fine has gone to “collections” and a judgement has been registered, suspending the drivers licence, the driver will be unable to apply for a Motion to Extend.

Where there has been a court judgement for collections, the driver must either pay the fine in full, or make a motion to the small claims court to allow for payments to be made.

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.