Demerit Point Law

Ontario Regulation 339/94 – Demerit Point System

Ontario Regulation 339/94 – The Regulations for Demerit Points

1. (1) In this Regulation,
“accumulated demerit points” means the total demerit points in a person’s record acquired as a result of offences committed within any period of two years, less any points deducted for that period under this Regulation.

(2) A reference in this Regulation to a class of driver’s licence is a reference to the class of licence as prescribed in Ontario Regulation 340/94.

(3) A reference in this Regulation to “fully licensed driver”, “level 1 exit test”, “level 2 exit test”, “novice driver” and “valid driver’s licence” is a reference to those expressions as defined in Ontario Regulation 340/94.

(4) A reference in this Regulation to the surrender of a licence does not include the surrender of a licence card that has been marked by the Ministry as valid only to show the driver’s photograph.

(5) The short descriptions in Column 3 of the Table to this Regulation indicate, for convenience of reference only, the general nature of the offences under the provisions in Column 1 of the Table and shall not be construed to limit the offences for which demerit points are imposed.

General

2. If a person is convicted of an offence under a provision of an Act, regulation or municipal by-law set out in Column 1 of the Table to this Regulation and the penalty imposed by the court for the conviction does not include a period of licence suspension, the Registrar shall record in respect of the person, as of the date of commission of the offence, the number of demerit points set out opposite thereto in Column 2.

(1) If a person is convicted of an offence or two or more offences arising out of the same circumstances and the penalty imposed by the court includes a period of licence suspension, no demerit points shall be recorded.  O. Reg. 204/10, s. 2.

(2) If a person is convicted of two or more offences arising out of the same circumstances and the penalty imposed by the court does not include a period of licence suspension, demerit points shall only be recorded for the conviction carrying the greatest number of points.

4. (1) If a resident of Ontario is convicted or forfeits bail in another province or territory of Canada or in one of the states of the United States of America for an offence that, in the opinion of the Registrar, is in substance and effect equivalent to an offence for which demerit points would be recorded upon conviction in Ontario, the Registrar may record the demerit points for the conviction as if the conviction had been entered or the bail forfeited in Ontario for the equivalent offence.  O. Reg. 339/94, s. 4 (1).

(2) For the purposes of subsection (1),

“conviction” includes a plea of guilty or a finding of guilt.  O. Reg. 339/94, s. 4 (2).

(3) Any accumulated demerit points of a new Ontario resident who becomes a fully licensed driver or a novice driver here, including a person classed as a novice driver under subsection 28 (1) of Ontario Regulation 340/94 shall be reduced, from the day on which he or she becomes a fully licensed driver or a novice driver,

(a) to seven, if the driver becomes a fully licensed driver and his or her accumulated demerit points total eight or more;

(b) to four, if the driver becomes a novice driver and his or her accumulated demerit points total five or more.

(4) After a reduction under subsection (3), the accumulated demerit points that remain shall be those recorded for the most recently committed offences.

5. (1) If a person convicted of an offence set out in Column 1 of the Table appeals the conviction and notice of the appeal is served on the Registrar, the conviction and the demerit points related to it shall not be entered on the person’s record unless the conviction is sustained on appeal.

(2) If a conviction referred to in subsection (1) and related demerit points have been recorded prior to service of notice of an appeal on the Registrar, the conviction and demerit points shall be removed from the record, and any suspension imposed as a result of the conviction shall be stayed, as of the date notice is served on the Registrar, unless the conviction is sustained on appeal.

(1) The notice of suspension sent to a person in respect of a suspension under this Regulation shall state the effective date of the suspension.

(2) The period of licence suspension is concurrent with the unexpired portion of any other licence suspension under this or any other authority.

Demerit Points: Fully Licensed Drivers

(1) If a person who is a fully licensed driver in Ontario in one or more licence classes or a person who is not a resident of Ontario has six, seven or eight accumulated demerit points, the Registrar shall mail a notice setting out the number of points to the person at his or her latest address appearing on the records of the Ministry.

(2) A failure to give notice under subsection (1) does not render any further proceeding under this Regulation ineffective.

8. (1) If a person who is a fully licensed driver in Ontario in one or more licence classes or a person who is not a resident of Ontario has 9, 10, 11, 12, 13 or 14 accumulated demerit points, the Registrar may require the person to attend an interview before a Ministry official and to provide information or other evidence to show cause why his or her driver’s licence should not be suspended.

(2) The Minister may suspend or cancel the person’s driver’s licence,

(a) if the person fails to attend the required interview; or

(b) if the person does not comply with the Ministry’s requirements as a result of the interview; or

(c) if, in the Minister’s opinion, the person has not shown cause at the interview why the licence should not be suspended.

(2.1) The Minister may cancel the person’s driver’s licence if the person fails to pay a fee required under subsection 56 (4) of the Act.

(3) A licence suspended under subsection (2) shall not be reinstated until such period as the Minister considers advisable has elapsed from the date the licence was surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first.

9. (1) If a person who is a fully licensed driver in Ontario in one or more licence classes or a person who is not a resident of Ontario has 15 or more accumulated demerit points, the Registrar shall, after giving notice, suspend the person’s driver’s licence.

(2) A licence suspended under subsection (1) shall not be reinstated until,

(a) in the case of a first suspension, 30 days have elapsed from the date the licence was surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first; or

(b) in the case of a subsequent suspension, six months have elapsed from the date the licence was surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first.

(3) For the purpose of clause (2) (b), a suspension is a subsequent suspension only if it occurs as a result of a conviction for an offence committed within two years after the expiry of a prior suspension under this section.

(4) If a suspension is imposed on a person who, at the time of the suspension, is a fully licensed driver in Ontario in one or more licence classes or a person who is not a resident of Ontario, the person’s accumulated demerit points for convictions for offences that occurred prior to the effective date of the suspension shall be reduced to seven on that date and the remaining points shall be those recorded for the most recently committed offences.

Demerit Points: Novice Drivers

15.(1) The Registrar shall mail a notice to a novice driver at his or her latest address on the records of the Ministry setting out the reason for the notice, the circumstances under which his or her licence may be suspended and any other action the Ministry may take if, within any two-year period, the novice driver accumulates two, three, four or five demerit points.

(2) A failure to give notice under subsection (1) does not render any further proceeding under this Regulation ineffective.

16. (1) The Registrar may require a novice driver to attend an interview before a Ministry official at a designated time and place if, within any two-year period, the novice driver accumulates six, seven or eight demerit points.

(2) The Minister may suspend or cancel the person’s driver’s licence,

(a) if the person does not attend the required interview;

(b) if the person does not comply with the Ministry’s requirements as a result of the interview; or

(c) if, in the Minister’s opinion, the person has not shown cause at the interview why the licence should not be suspended.

(2.1) The Minister may cancel the person’s driver’s licence if the person fails to pay a fee required under subsection 56 (4) of the Act.

(3) A licence suspended under subsection (2) shall not be reinstated until such period as the Registrar considers advisable has elapsed from the date the licence was surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first.

17. (1) If a novice driver has nine or more accumulated demerit points, the Registrar shall, after giving notice, suspend his or her driver’s licence.

(2) A licence suspended under subsection (1) shall not be reinstated until,

(a) in the case of a first suspension, 60 days have elapsed from the date the licence was surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first; or

(b) in the case of a subsequent suspension, six months have elapsed from the date the licence was surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first.

(3) For the purpose of clause (2) (b), a suspension is a subsequent suspension only if it occurs as a result of a conviction for an offence committed within two years after the expiry of a prior suspension under this section.

(4) If a suspension is imposed on a person who, at the time of the suspension, is a novice driver, the person’s accumulated demerit points for convictions for offences that occurred prior to the effective date of the suspension shall be reduced to four on that date and the remaining points shall be those recorded in respect of the most recently committed offences.

(5) If a suspension is imposed on a person who, at the time of the suspension, is no longer a novice driver, the person’s accumulated demerit points for convictions for offences that occurred prior to the effective date of the suspension shall be reduced to seven on that date and the remaining points shall be those recorded in respect of the most recently committed offences.

18.(1) Sections 7 to 9 apply, and not sections 15, 16 and 17, to a driver who holds a licence that includes more than one licence class, only one of which is novice class, if he or she is a fully licensed driver in the other licence class or classes.

 

 


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