Highway Safety Division
Demerit Point System
The Demerit Point System encourages drivers to improve their behaviour and protects people from drivers who violate and abuse their driving privilege. Demerit points recorded on a driving record have a negative impact when drivers apply for insurance coverage.Demerit Point System for Experienced Drivers
An experienced driver is a driver who:
- has held a valid driver's license for more than two years; and
- is not a newly licensed driver under the Graduated Driver Licensing (GDL) Program.
The Demerit Point System provides for a graduated number of demerit points for traffic convictions. The system identifies drivers whose records show them to consistently disregard the Rules of the Road, thereby endangering their own and others' safety.
Results of violations that carry demerit points:
- accumulation of 6, 7 or 8 demerit points - a warning letter;
- accumulation of 9, 10 or 11 points - an interview;
- accumulation of 12 or more points - a three-month suspension.
The violator loses his or her driver's license when 12 demerit points are accumulated on his or her record within a two-year period.
A driver who has held a valid driver's license for at least two years may wish to reduce the number of demerit points accumulated on his or her driver record and avoid a possible suspension. Drivers with up to 11 demerit points may, upon successful completion of a Canada Safety Council Defensive Driving Course, be awarded three merit points. These merit points may be awarded once only very 24 months.
Suspensions Under the Demerit Point System
Upon the accumulation of 9 to 11 demerit points within 24 months, a driver must show cause why his/her licence should not be suspended. When such cause is not shown, the driver's licence can be suspended for up to three months. Upon the accumulation of 12 or more demerit points within a two-year period, the driver's licence will be suspended for three months.
Following the suspension period, a driver will be placed on demerit points probation for a period of one year. Conviction for any offence that carries demerit points involving the use of a motor vehicle in motion or improper parking while on probation will result in a further suspension that is a minimum of three months.
Graduated Driver Licensing Program (GDL)
Graduated drivers undergo a probationary driving period and have passenger restrictions. During Stage 1 (Class 7, commonly called the Beginner's Permit) the first year of probation, a graduated driver is suspended for any violations that carry demerit points. In Stage 2, (first year with a Class 5 Driver's Licence) the graduated driver is warned at three, four or five demerit points, and suspended for one month at the six-point level.
During Stage 3 (the second year with a Class 5) a warning will occur at five, six, seven or eight demerit points and a suspension for one month when nine demerit points are accumulated. Corrective action is taken by safety specialists during or shortly after the suspension.
Note: Any seat belt violations in Stage 1, 2 or 3 will result in suspension of the driving privileges of the graduated driver. The graduated driver can be fined if he/she has any passengers not wearing seatbelts in the motor vehicle he/she is operating.
Demerit Point System Schedule
| Provisions Under Which Convicted | Numer of Demerit Points | Description of Offence |
| Section 220, 221 and 249(1) of the Criminal Code | 12 | Criminal negligence involving the use of a motor vehicle |
| Section 236 of the Criminal Code | 12 | Motor manslaughter |
| Section 249(2) of the Criminal Code | 12 | Failing to stop at scene of accident |
| Section 249(4) of the Criminal Code | 12 | Dangerous Driving |
| Section 249.1(1) of the Criminal Code | 12 | Flight from peace officer |
| Section 249.1(3) of the Criminal Code | 12 | Flight from peace officer causing bodily harm |
| Section 89(a) of the Highway Traffic Act | 12 | Defacing or altering driver's licence |
| Section 89(b) of the Highway Traffic Act | 12 | Lending driver's licence |
| Section 89(c) of the Highway Traffic Act | 12 | Person representing another's driver's licence as the person's own |
| Section 89(e) of the Highway Traffic Act | 12 | Giving false information in driver's licence application or to Registrar |
| Section 89(e.1) of the Highway Traffic Act | 12 | Failure to comply with ignition interlock condition imposed by Registrar on driver's licence of person |
| Section 89(f) of the Highway Traffic Act | 3 | Failing to comply with restriction or condition, other than one respecting ignition interlock, imposed by Registrar on driver's licence of person |
| Section 259(4) of the Criminal Code and section 271 of the Highway Traffic Act | 6 | Driving while registration of licence under suspension or while disqualified |
| Section 176(1) of the Highway Traffic Act | 5 | Driving imprudently or without due care and attention or if disabled |
| Section 231(1)(a) of the Highway Traffic Act | 5 | Driving while racing with another motor vehicle |
| Section 231(1)(b) of the Highway Traffic Act | 5 | Driving a motor vehicle while performing a stunt |
| Section 155(1), (2) of the Highway Traffic Act | 3 | Improper passing |
| Sections 176(3)(b)(i) and 176(3.1)(b)(i) of the Highway Traffic Act | 3 | Driving - under 30 kilometres per hour over the posted maximum speed limit |
| Sections 176(3)(b)(ii) and (iii) and 176(3.1)(b)(ii) and (iii) of the Highway Traffic Act | 6 | Driving - over 30 kilometres per hour but less than 60 kilometres over the posted maximum speed limit |
| Sections 176(3)(b)(iv) and 176(3.1)(b)(iv) of the Highway Traffic Act | 9 | Driving - over 60 or more kilometres per hour over the posted maximum speed limit |
| Sections 185, 186, 187, 188 and 190 of the Highway Traffic Act | 3 | Failing to yield the right of way |
| Section 202(1) of the Highway Traffic Act | 8 | Failing to stop for a school bus when the flashing red lights are displayed on the school bus |
| Section 232(3) of the Highway Traffic Act | 3 | Failing to report an accident |
| Section 310(2) of the Highway Traffic Act | 3 | Any violation of a bylaw made by a traffic authority involving the use of a motor vehicle in motion |
| The Highway Traffic Act (General) | 3 | For any offence under the Highway Traffic Act involving the use of a vehicle in motion, improperly parked or being operated with unsafe or insufficient equipment |
| Subsection 6(3) of the Government Property Traffic Act (Canada), Government Property Traffic Regulations and sections 176(3)(b)(i), (ii), (iii) and (iv) or 176(3.1)(b)(i), (ii), (iii) and (iv) of the Highway Traffic Act | 3 | Driving over the posted maximum speed limit on the Confederation Bridge |
Legislation:
For more detailed information, please consult the Demerit Point Sytem Regulations.
