Ontario's Demerit Point System
Highway Traffic Act Section 56. (1) The Lieutenant Governor in Council may make regulations providing for a demerit point system for drivers of motor vehicles or of street cars. 2005, c. 26, Sched. A, s. 5.
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(2) The demerit point system may provide for the cancellation and suspension of licences and may require that a driver, in order to show cause why his or her licence should not be cancelled or suspended, attend an interview or group session with an official of the Ministry or provide written information to the Ministry or both attend an interview or group session and provide written information. 2005, c. 26, Sched. A, s. 5.
Format for interviews, group sessions
(3) An interview or group session required under the demerit point system may be held in person or by telephone or other electronic means, as specified by the Ministry. 2005, c. 26, Sched. A, s. 5.
Fees
(4) The Minister may require the payment of fees for the attendance at an interview or group session or for providing written information under the demerit point system. 2005, c. 26, Sched. A, s. 5.
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(5) The Minister may set the amount of the fees required under subsection (4) and may set different fees for different classes of persons and for different circumstances. 2005, c. 26, Sched. A, s. 5.
Driving or operating a vehicle on a closed highway
TABLE - Offences and Demerit Points
| Provisions for Offences |
Number of Demerit Points |
Short Description of Offences for Convenience of Reference only |
| Section 200 of the Highway Traffic Act | 7 | Failing to remain at scene of accident |
| Section 216 of the Highway Traffic Act, except where a suspension order is made under subsection 216 (3) | 7 | Driver failing to stop when signalled or requested to stop by a police officer |
| Section 130 of the Highway Traffic Act | 6 | Careless driving |
| Section 172 of the Highway Traffic Act | 6 | Racing |
| Section 128 of the Highway Traffic Act; subsection 13 (3) of Regulation 829 of the Revised Regulations of Ontario, 1990; any provision of the National Capital Commission Traffic and Property Regulations CRC 1978, c. 1044 made under the National Capital Act (Canada) fixing maximum rates of speed and any municipal by-law fixing maximum rates of speed where the rate of speed is exceeded by, | ||
| (a) 50 km/h or more | 6 | Exceeding speed limit by 50 km/h or more |
| (b) 30 km/h or more and less than 50 km/h | 4 | Exceeding speed limit by 30 to 49 km/h |
| (c) more than 15 km/h and less than 30 km/h | 3 | Exceeding speed limit by 16 to 29 km/h |
| Subsections 174 (1) and (2) of the Highway Traffic Act | 5 | Driver of public vehicle or school bus failing to stop at railway crossings |
| Section 164 of the Highway Traffic Act | 3 | Driving through, around or under railway crossing barrier |
| Subsections 135 (2) and (3), clause 136 (1) (b), subsection 136 (2), subsection 138 (1), subsection 139 (1), subsection 141 (5) and subsections 144 (7), (8) and (21) of the Highway Traffic Act | 3 | Failing to yield right of way |
| Clause 136 (1) (a), subsections 144 (14), (15), (16), (17), (18) and (21), subsections 146 (3) and (4) and section 163 of the Highway Traffic Act, any municipal by-law requiring a driver to stop for a stop sign or signal light, and the National Capital Commission Traffic and Property Regulations CRC 1978, c. 1044 made under the National Capital Act (Canada) requiring a driver to stop for a stop sign | 3 | Failing to obey a stop sign, signal light or railway crossing signal |
| Subsection 134 (1) of the Highway Traffic Act | 3 | Failing to obey directions of police constable |
| Subsection 134 (3) of the Highway Traffic Act | 3 | Driving or operating a vehicle on a closed highway |
| Subsections 199 (1) and (1.1) of the Highway Traffic Act | 3 | Failing to report an accident |
| Subsection 148 (8), sections 149, 150 and 166 of the Highway Traffic Act | 3 | Improper passing |
| Section 154 of the Highway Traffic Act | 3 | Improper driving where highway divided into lanes |
| Subsections 175 (11) and (12) of the Highway Traffic Act | 6 | Failing to stop for school bus |
| Section 158 of the Highway Traffic Act | 4 | Following too closely |
| Section 162 of the Highway Traffic Act | 3 | Crowding driver’s seat |
| Clause 156 (1) (a) of the Highway Traffic Act | 3 | Drive wrong way – divided highway |
| Clause 156 (1) (b) of the Highway Traffic Act | 3 | Cross divided highway – no proper crossing provided |
| Section 153 of the Highway Traffic Act | 3 | Wrong way in one way street or highway |
| Subsection 157 (1) of the Highway Traffic Act | 2 | Backing on highway |
| Subsections 140 (1), (2) and (3) of the Highway Traffic Act | 3 | Pedestrian crossover |
| Subsections 148 (1), (2), (4), (5), (6) and (7) of the Highway Traffic Act | 2 | Failing to share road |
| Subsections 141 (2) and (3) of the Highway Traffic Act | 2 | Improper right turn |
| Subsections 141 (6) and (7) of the Highway Traffic Act | 2 | Improper left turn |
| Subsections 142 (1), (2) and (8) of the Highway Traffic Act | 2 | Failing to signal |
| Section 132 of the Highway Traffic Act | 2 | Unnecessary slow driving |
| Section 168 of the Highway Traffic Act | 2 | Failing to lower headlamp beam |
| Section 165 of the Highway Traffic Act | 2 | Improper opening of vehicle door |
| Section 143 and subsection 144 (9) of the Highway Traffic Act and any municipal by-law prohibiting turns | 2 | Prohibited turns |
| Section 160 of the Highway Traffic Act | 2 | Towing of persons on toboggans, bicycles, skis, etc., prohibited |
| Subsection 182 (2) of the Highway Traffic Act | 2 | Failing to obey signs prescribed by regulation under subsection 182 (1) |
| Subsection 106 (2) of the Highway Traffic Act | 2 | Driver failing to properly wear seat belt |
| Subclause 106 (4) (a) (i) of the Highway Traffic Act | 2 | Driving while passenger under 16 fails to occupy position with seat belt |
| Subclause 106 (4) (a) (ii) of the Highway Traffic Act | 2 | Driving while passenger under 16 fails to properly wear seat belt |
| Subsection 8 (2) of Regulation 613 of the Revised Regulations of Ontario, 1990 | 2 | Driver failing to ensure infant passenger is secured as prescribed |
| Subsection 8 (3) of Regulation 613 of the Revised Regulations of Ontario, 1990 | 2 | Driver failing to ensure toddler passenger is secured as prescribed |
| Subsection 8 (4) of Regulation 613 of the Revised Regulations of Ontario, 1990 | 2 | Driver failing to ensure child passenger is secured as prescribed |
| Subsection 159.1 (1) of the Highway Traffic Act | 3 | Failing to slow down and proceed with caution when approaching stopped emergency vehicle |
| Subsection 159.1 (2) of the Highway Traffic Act | 3 | Failing to move into another lane when approaching stopped emergency vehicle – if safe to do |
| Subsection 79 (2) of the Highway Traffic Act | 3 | Motor vehicle equipped with or carrying a speed measuring warning device |
| Subsection 154.1 (3) of the Highway Traffic Act | 3 | Improper use of high occupancy vehicle lane |
| Subsection 146.1 (3) of the Highway Traffic Act | 3 | Failing to obey traffic control stop sign |
| Subsection 146.1 (4) of the Highway Traffic Act | 3 | Failing to obey traffic control slow sign |
| Subsection 176 (3) of the Highway Traffic Act | 3 | Failing to obey school crossing stop sign |