Driving on Ontario roadways is considered to be a privilege, not a right.

The government grants drivers the use of the roadways with conditions by rules and regulations

The government can therefore remove or suspend that privilege to drivers.

Types of Licence Suspensions

The right to drive in Ontario can be suspended for:

• unpaid fines
• accumulation of demerit points
• careless driving
• stunt driving
• racing
• speeding more than 50km/h
• distracted driving
  • cell phone use
• novice driver violations
  • G1 drivers
  • G2 drivers
• driving while disqualified
• Motor Vehicle Accident Claims Act
• Family Responsibility Act
• criminal convictions
• medical suspensions
• driving while suspended

Where a driver is found operating a motor vehicle while their licence is suspended a police officer may charge the driver with driving while suspended.

The police officer must:

• find the driver operating a motor vehicle
• on the roadway
• their licence must be suspended
• the drive must have or should have reasonable been aware of the suspension

Where a charge of drive while suspended is issued the police officer may impound the vehicle.

The penalty for driving while suspended is:

• $1,000 to $5,000 fine
• jail up to 6 months
• or both
• further 6 months licence suspension

Where there is a subsequent conviction the fine shall be not less than $2,000 and not more than $5,000.

Where the suspension is a result of a Criminal Code of Canada conviction the penalty is:

• $5,000 to $25,000
• jail up to 6 months
• or both
• further 6 months licence suspension

Where there is a subsequent conviction for a Criminal Code of Canada offence the minimum fine is increased to $10,000.

There are no demerit points for a charge of driving while suspended.

Once the driver is convicted of driving while suspended, the court sends a notice to the Ministry of Transportation.

The Ministry of Transportation then adds the conviction to the driving abstract/record.

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

The current fee for a driver abstract is $12 and can be obtained at this link, Ontario Driver Abstract

Convictions for drive while suspended will increase insurance rates dramatically.

Drivers will be put into “high risk” rates of thousands of dollars per year.

Insurance companies perceive that drivers who drive while suspended are at a higher risk of being in an accident where a claim will have to be paid.

• unpaid fine suspension
• motor vehicle accident claims act
• medical suspensions
• family responsibility act
• licence and conviction appeals

Unpaid Fine Suspension

Where a licence has been suspended for an unpaid fine the driver must attend at any court house in Ontario and pay the fine.

Once the fine is paid the driver must attend at the Ministry of Transportation or Service Ontario offices and pay a “License Reinstatement Fee”, as of the date of this document the fee is $281.

Once the fine and reinstatement fee has been paid the clerks will advise the driver that it can take up to 4 days to remove the suspension.

The record of the suspension can/will be registered on the police and ministry databases during this time.  Some case law suggests that once the payments have been made that the suspension is not technically in effect but drivers are cautioned that insurance or police officers may still believe that the suspension is valid until removed from any database.

Unpaid Fine Payment Plans

Where the driver is unable to pay the fine in one payment, the driver may apply to the specific court where the fine was issued for a “motion to extend the time to pay a fine“.

The application may best be prepared and presented to the court by a licensed paralegal to ensure the application accepted by the court.

Medical Suspensions

Where a medical professional has sent notice to the ministry regarding the competency of a drivers ability, the ministry will suspend the licence.

The licence will be suspended until the driver satisfies the ministry with proof from a medical practitioner that they are medically fit to operate a motor vehicle.  Drivers must contact their doctor to receive this assessment which may include medical tests, blood work and any other documentation required by the ministry.

Where a driver having received the appropriate documentation still is unable to satisfy the ministry, the driver may file an appeal.

Medical licence appeals are filed to the Licence Appeal Tribunal (LAT), and drivers may best consider a paralegal with experience at this venue.

Motor Vehicle Accident Claims Act (MVACA)

Where a driver has been involved in an accident and there is no insurance on the vehicle the victims of the incident may file a law suit against the owner and/or owner of the vehicle.

Once a judgment has be directed the plaintiffs may file the claim with the MVACA to receive compensation.  When a claim as been filed against the driver the licence shall be suspended.

To reinstate the licence the driver must pay back the fund in full.  The payment can be made in one payment or the driver may make instalment payments.

Information regarding the amount owed can be obtained by phoning, 416-250-1422 or toll-free: 1-800-268-7188 or E-mail: mvacf@ontario.ca or at this link.

In a payment agreement:

• the minimum monthly payment is 10% of your gross monthly earnings
  • (a collections officer will establish the exact amount in consultation with you)
• your first repayment must be made to the Fund before your driver’s licence can be reinstated
• you will receive a statement 15 days before each subsequent repayment is due,
  • similar to credit card or utility bills
• you will not be charged interest

To apply for a payment agreement the driver must complete:

• Application for Restoration of Driver’s Licence
• Notice of Collection of Personal Information
• proof of income and expenses (for example, pay stubs, tax return and receipts)
• if you own a vehicle, have your insurance company submit either
  • a Financial Responsibility Certificate (Form F5) for proof of insurance, or
  • F7 form if the policy is cancelled

Family Responsibility Act

If you fall behind in your support payments, the Family Responsibility Office (FRO) has the legal authority and responsibility to take enforcement action.

Family Responsibility will have send you a notice telling you your driver’s licence was at risk of being suspended.

You were given a deadline to do one of three things:

1. immediately pay all the arrears owing
2. enter into a voluntary arrears payment plan with FRO
3. ask the court for a refraining order.

Where the driver did not do one of these three things, FRO will have suspended the licence.

To get your licence reinstated the driver must:

• contact the Family Responsibility office
• enter into a Voluntary Arrears Payment Schedule (VAPS)

The phone number for the family responsibility office is 416-326-1817 or Toll-free at 1-800-267-4330.

Appeals

Where a driver has been convicted of an offence and has received a licence suspension, the driver may appeal the matter.

While the conviction is under appeal, the licence suspension is removed pending the decision of the appeal court.

An example of a licence appeal maybe where a novice driver makes an uninformed decision, and pays a traffic ticket that has a licence suspension.

The driver might in a appeal ask the justice to remove the conviction or ask that the conviction be changed to a conviction where upon there would be no licence suspension, for example:

• G1 driver is convicted of drive on prohibited highway, and
• charge is reduced to “drive in contravention of conditions”

The first charge has a 30 day licence suspension but the drive in contravention of conditions is a fine only, or

• G1 driver pays ticket for 30km/h over limit
• appeals conviction and pleads guilty to speeding 29km/h over the limit

The first charge has a 30 day licence suspension but the speeding 29km/h over the limit does not.

Appeals have rules that must be considered.

Drivers wishing to consider and appeal are best to obtain the services of a licensed paralegal to properly prepare and present the appeal.