Make False Statement

About

Fail to Report AccidentWhen dealing with the Ministry of Transportation every person must provide accurate and truthful information.

Where a person submits:

  • false or inaccurate documents
  • makes a false statement, or
  • inaccurate information

In or with a written or electronic application, declaration, affidavit or other document required by the Ministry that person commits an offence.

Where an offence is committed a police officer may charge the offender under section 9.1 of the Highway Traffic Act.

Where the offence is one where false evidence of insurance was provided a police officer may lay a charge under the Compulsory Auto Insurance Act section 8.11


Defence

A person is not guilty of an offence where that person exercised all reasonable care to avoid making a false statement or including inaccurate information.


Insurance Implications

Drivers convicted of making a false statement to the Ministry will see insurance rates increase dramatically.

A conviction for fail to report is considered a “major insurance” violation.  Insurance companies will consider the violation a fraud where the driver sought to mislead or act in a dishonest manner.

The insurance will consider the driver a high risk as they believe that the driver has an increased chance of filing false or fraudulent claims.

Where convicted of making a false statement the insurance can increase thousands of dollars per year.


Accident Claim

Where a conviction is registered and an accident has occurred the insurance will seek to deny any claim.

The insurance will direct the driver to the insurance policy where a clause in most insurance policies will state that:

Where the insured is found to have committed an illegal or fraudulent act the insurance shall be void and no claims shall be paid.


Drivers Record

Once the driver is convicted of a traffic ticket, the court sends a notice to the Ministry of Transportation.

Upon receiving the record of conviction from the court the Ministry of Transportation then adds the conviction to the driving record.

Driving abstracts are available to anyone who has the drivers licence number for a fee payable to the Ministry of Transportation.

Therefore the way the insurance company will finds out about the charge is;

  • the other driver fills a claim
  • the insurance contact you about the claim, and
    • learns of the incident
  • upon conviction of fail to remain
  • the driver calls and
    • tells the insurance company that they received a ticket

Each insurance company is a private company with their own set of rules and standards.

Drivers need to keep their driving records clear.


Fines

There is no out of court penalty for making a false statment.

The officer is required to issue a summons to appear, commanding the defendant to appear in court before a judge.

The judge may issue a penalty of:

  • fine not less than $400
    • not more than $5,000
  • jail for 30 days
  • or both
  • 6 month licence suspension

Summons to Appear

Where a police officer issues a summons to appear in court before a judge, the fine can be increased to $1000.00.

Where the police charge a driver with failing to report they will usually issue them a summons to appear in court, there is no out of court fine for this charge.

The summons commands the driver or their agent (paralegal or lawyer) to appear in court before a Justice of the Peace (JP) on a date specified on the summons.

The judge decides the amount of the fine.  A victim fine surcharge will be added to the fine set by the justice.


What is the Victim Fine Surcharge?

  • The provincial government adds a victim fine surcharge (VFS) to every fine imposed under the Provincial Offences Act.
    • It is deposited into a special fund to help victims of crime.
  • The amount of the VFS is usually 20 per cent of the imposed fine.
    • For example, a $100 fine would result in a $20 surcharge.
    • Fines over $1,000 carry a surcharge of 25 per cent.

Penalties

The penalty for making a false statement is a fine between $400 and $5,000.

There are no demerit points for this offence.

The ticket will also dramatically affect insurance rates for 3 to 5 years.

Demerit Points

A conviction for making a false statement does not have any demerit points.


Suspensions

Drivers convicted of making a false statement to the ministry may have their licence suspended for 6 months.


Unpaid Fine Suspensions

Where a fine has been imposed and the driver does not pay that fine, the licence will be suspended.

Where the licence is suspended for an unpaid fine, the licence will be suspended until the payment is made to the court


Demerit Point Suspensions

The accumulation of demerit points can also result in a licence suspension.


Legal Definition

False statement

9 (1.1) Every person who, under this Act, submits a false or inaccurate document or electronic document, or displays, presents or surrenders a document or electronic document that is fictitious, an imitation or altered, is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $400 and not more than $5,000 or to imprisonment for a term of not more than 30 days, or to both, and in addition the person’s driver’s licence or vehicle permit may be suspended for a period of not more than six months.

Defence

(1.1) A person is not guilty of an offence if the person exercised all reasonable care to avoid making a false statement or including inaccurate information.


Compulsory Automobile Insurance Act

(8) Despite anything in this Act or the Highway Traffic Act, the Ministry of Transportation may require a person who applies for the issuance, validation or transfer of a permit for a motor vehicle to do any or all of the following:

  • Produce for inspection an insurance card for the motor vehicle.
  • Certify in a form approved by the Chief Executive Officer that the motor vehicle is insured under a contract of automobile insurance.
  • Produce for inspection any other evidence that is satisfactory to the Ministry of Transportation that the motor vehicle is insured under a contract of automobile insurance.

Ministry of Transportation may rely on information
(9) The Ministry of Transportation, for the purpose of determining that it is satisfied under subsection (2), may rely on information obtained pursuant to this section.

No liability
(10) Where the Ministry of Transportation has relied on information obtained pursuant to this section, the Crown, the Minister of Transportation, the Ministry, the Registrar and the employees, officers and agents of the Minister or the Ministry are not liable in any action relating to the issuance, validation or transfer of a permit for a motor vehicle that arises out of that reliance or any failure or refusal to issue, validate or transfer a permit that arises out of that reliance..

Offence for false statement
(11) No person shall, in certifying under paragraph 1 of subsection (8) that a motor vehicle is insured under a contract of automobile insurance, make a statement that he or she knows or ought to know is false.

Definition

“contract of automobile insurance” means a contract of automobile insurance made with an insurer

Case Law

R. v. Patanjosthi2011 ONCJ 181 (CanLII)2011-04-04  |  19 pages
Actus reus — self-incrimination — immunity — statements — criminal

(2) Where the person is physically incapable of making a report and there is another occupant of the motor vehicle, the occupant shall make the report.   […]   (3) A police officer receiving a report of an accident, as required by this section, shall secure from the person making the report, or by other inquiries where necessary, the particulars of the accident, the persons involved, the extent of the personal injuries or property damage, if any, and the other information that may   […]   In those cases, the accused were charged with obstructing a peace officer engaged in the execution of his duty by wilfully providing false statements or attempting to obstruct justice by giving a false statement.


7581 v. Registrar, Motor Vehicle Dealers Act 2002 2013 CanLII 18091
2013-03-21  |  12 pages
registration — salesperson — interested person in respect — false — renewal
On or about October 04, 2011, the Applicant pleaded guilty to making a false statement in connection with a motor vehicle registration, contrary to s. 9(1) of the Highway Traffic Act .   […]   Subsequently, the fraud charges were dismissed but the Applicant and Mr. McCaughey both pleaded guilty to making a false statement in connection with a motor vehicle registration, contrary to s. 9(1) of the Highway Traffic Act , and both were fined.   […]   (iii) the applicant or an employee or agent of the applicant makes a false statement or provides a false statement in an application for registration or for renewal of registration;


R. v. Woodcock2020 ONCJ 217 (CanLII)

2020-04-27  |  11 pages
guilty plea — fines — jail — pre-plea inquiry — sentence
Operating a Motor Vehicle without Insurance per Compulsory Automobile Insurance Act (CAIA ) s. 2(1) (a)(x2); Fail to Comply with POA Probation on 5, 7 September 2018;   […]   iii –Make False Statement contrary to s. 9(1) of Highway Traffic Act (HTA ) 28 April 2018;   […]   Mr. Greenspoon said that she would be entering guilty pleas to several different charges: two fail to provide insurance charges; two breach of probation charges; and one count of making a false statement.