Associated charges: Operate Motor Vehicle No Insurance| Permit Operation of Motor Vehicle without Insurance | Make False Statement

Under the Compulsory Automobile Insurance Act of Ontario, it is a legal requirement for vehicle owners to have liability insurance for their motor vehicles when they are driven on public roads.

Where the driver is not the owner, the driver must produce evidence of valid insurance.  Where the driver is unable to produce valid insurance, the owner maybe requried by police to prove that the vehicle was insured.

Where the driver is not the owner and the vehicle is found not to be insured, the owner maybe charged with the offence of Permit Motor Vehicle to be Operated without insurance.

Driving a motor vehicle without insurance is deemed a “Reverse Onus” offence in Ontario.

This means that where a police officer finds a motor vehicle being driven on a roadway, the driver or owner must prove to the police officer that the vehicle is insured.

In such cases, it’s not the responsibility of the police to prove the absence of insurance. Instead, the owner must actively demonstrate they were insured while operating the vehicle.

This content is now written in Canadian English, with an active voice, a positive tone, and in straightforward, easy-to-understand sentences.

The owner of the vehicle is responsible that:

• if their vehicle is being operated on the roadway, that
  • the vehicle is insured with liability insurance coverage,
    • whether or not they are actually driving the vehicle or not.

Where a vehicle is not insured, the owner must take reasonable precautions to ensure the vehicle is not operated on the roadway by other persons.

Where another person drives an uninsured vehicle on the roadway, the owner may be charged with Permit Operation of a Motor Vehicle Without Insurance.

The out of court penalty for failing to surrender an insurance card is $65.

Where the driver appears in court or receives a summons to appear before a justice, the fine can be increased to $400.

Although the offense of failing to surrender an insurance card is not a moving violation and results only in a fine without demerit points, a conviction for this offense will still be recorded on the driver’s record and affect insurance. This applies even if the driver was insured but unable to produce the insurance card at the time.

Once a conviction is finalized, either through payment or a court decision, it will appear on the driver’s driving and insurance record for three years from the date of conviction. Insurance companies consider convictions on the driving record, not demerit points or whether the vehicle was insured at the time of the offense.

The charge of fail to surrender insurance card does not result in demerit points.

Similarly, no demerit points are assigned for any convictions under the Compulsory Automobile Insurance Act.

Operator to carry insurance card

3 (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,

(a) an insurance card for the motor vehicle; or

(b) an insurance card evidencing that the operator is insured under a contract of automobile insurance,

and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. C.25, s. 3 (1).

Excluded driver to carry insurance card

(2) Despite subsection (1), an operator of a motor vehicle who is named as an excluded driver under the contract of automobile insurance under which the vehicle is insured shall have in the vehicle at all times an insurance card evidencing that the operator is a named insured under another contract of automobile insurance, and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer.

Offence

(3) A person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not more than $400.