Which document did you receive?
The Provincial Offences Act (POA) sets up three streams. The document you were given tells you which stream you are in, what you can do and how serious the possible penalty is.
| Document | POA part | Typical use | What to do |
|---|---|---|---|
| Offence notice (ticket) | Part I | Most speeding, red-light, seatbelt and handheld-device tickets, with a set fine. | Choose an option on the back within 15 days. |
| Parking infraction notice | Part II | Parking tickets. Many municipalities now handle these through an administrative penalty system instead of court. | Follow the instructions and deadline on the ticket. |
| Summons or information | Part III | More serious charges: stunt driving, careless driving, driving while suspended, no insurance. | You must attend court on the date shown, personally or through a representative. Get advice immediately. |
Your options within 15 days
For a Part I offence notice, the back of the ticket lists the options. Depending on the municipality, you can:
Pay the fine
Paying is a guilty plea. The conviction goes on your record with any demerit points and insurance consequences.
Plead guilty with submissions
You admit the offence but ask a justice of the peace for a lower fine or more time to pay.
Request an early resolution meeting
A meeting with the prosecutor, often online or by phone, to discuss a resolution such as a reduced charge.
Request a trial
You dispute the charge and the prosecution must prove it. Requests can often be made through Ontario's online ticket portal.
The fine is only one consequence
Before choosing an option, consider the whole picture: demerit points, licence suspension, insurance premiums, your job if you drive for work, and the effect on any immigration or professional licensing application.
Demerit points
Points stay on your record for two years from the offence date. For speeding, 16–29 km/h over the limit carries 3 points, 30–49 km/h over carries 4 points, and 50 km/h or more over (or 40 km/h or more over on a road with a limit under 80 km/h) carries 6 points.
| Points | Full licence (G, M, etc.) | Novice licence (G1, G2, M1, M2, M1-L, M2-L) |
|---|---|---|
| First warning letter | 6 to 8 points | 2 to 5 points |
| Second warning letter, urging you to improve your driving | 9 to 14 points | 6 to 8 points |
| Licence suspended | 15 or more points: 30 days | 9 or more points: 60 days |
| Points after reinstatement | Reduced to 7 | Reduced to 4 |
| Reaching the threshold again | Suspended for 6 months | Check with the Ministry |
The Ministry of Transportation sends a letter with the suspension date. If you do not surrender your licence, you can lose it for up to two years. You may also need to repeat the vision, knowledge and road tests before the licence is reinstated.
Escalating penalties for novice drivers
Novice drivers face separate escalating suspensions if they break a graduated licensing condition, are convicted of a Highway Traffic Act offence carrying 4 or more demerit points, or receive a court-ordered suspension for such an offence. Occurrences are counted within a five-year period:
| Occurrence | Penalty |
|---|---|
| First | 30-day licence suspension |
| Second | 90-day licence suspension |
| Third | Novice licence cancelled. You must start the graduated licensing process again, losing time credits, time discounts and fees paid. |
Insurance
Insurers make their own underwriting decisions, and how long a conviction affects premiums depends on the insurer. The Government of Ontario warns that drivers convicted of aggressive, careless or stunt driving can face a substantial increase in insurance rates or become uninsurable. No representative can promise how an insurer will react. A resolution to a lesser offence with fewer points can make a significant difference.
Commercial drivers
Drivers of commercial vehicles should consider their employer's policies and the operator's CVOR record, which can be affected beyond the driver's own licence.
Serious Highway Traffic Act charges
| Charge | Key consequences (first conviction) |
|---|---|
| Stunt driving / racing | At the roadside: immediate 30-day licence suspension and 14-day vehicle impoundment, whether or not you own the vehicle. On conviction: fine of $2,000 to $10,000, up to 6 months in jail, 6 demerit points, and a licence suspension of 1 to 3 years for a first conviction (3 to 10 years for a second; lifetime for a third, reducible after 10 years; lifetime for a fourth). Applies at 40 km/h or more over the limit on roads under 80 km/h, 50 km/h or more over the limit on any road, or 150 km/h or more anywhere. |
| Careless driving | Fine of up to $2,000, up to 6 months in jail, licence suspension of up to 2 years, 6 demerit points. |
| Careless driving causing bodily harm or death | Fine of $2,000 to $50,000, up to 2 years in jail, licence suspension of up to 5 years, 6 demerit points and a mandatory driver improvement course. |
| Handheld device (distracted driving), full licence | First conviction: $615 if settled out of court (up to $1,000 if summonsed or convicted in court), 3 demerit points, 3-day suspension. Second: $615 out of court or up to $2,000 in court, 6 points, 7-day suspension. Third and later: $615 out of court or up to $3,000 in court, 6 points, 30-day suspension. |
| Handheld device, novice licence | Same fines but no demerit points. First conviction: 30-day suspension; second: 90-day suspension; third: novice licence cancelled and the graduated licensing process starts again. |
| Driving while suspended | Fines in the thousands of dollars, up to 6 months in jail, 6 more months added to the suspension, and a vehicle impoundment of at least 45 days. |
| Driving without insurance | Fines from $5,000 to $50,000, licence suspension and vehicle impoundment. |
Amounts are set by statute and regulation and can change. Some driving allegations, such as impaired or dangerous driving, are Criminal Code offences rather than provincial offences and follow a different process.
Disclosure: seeing the prosecution's case
You have a right to disclosure of the evidence the prosecution intends to use, including the officer's notes, speed-measuring device records, and any photographs or video. Request disclosure in writing from the prosecutor's office as soon as a trial is requested, and follow up if anything is missing or unreadable.
Reviewing disclosure answers the key questions: does the evidence prove each element of the offence; was the device tested and the officer trained; do the notes match the ticket; and is there a defence such as due diligence or necessity for strict liability offences.
Early resolution and plea discussions
The prosecutor may agree to a resolution such as an amended charge with fewer or no demerit points, a lower speed, or a reduced fine. A resolution should be judged by its full effect on your record, licence and insurance, not just the dollar amount. You are never obliged to accept an offer; if you do not, the matter is set for trial.
Trial
- PreparationReview disclosure, visit the scene if useful, gather photographs, witness information and documents such as repair or calibration records.
- Prosecution's caseThe prosecutor calls the officer and other witnesses. The defence cross-examines on observations, notes, device use and procedure.
- Defence evidenceThe defendant may testify and call witnesses, but does not have to. The decision depends on the evidence called by the prosecution.
- Submissions and decisionEach side explains why the evidence does or does not prove the offence beyond a reasonable doubt. If convicted, there are submissions on penalty.
Unreasonable delay can lead to a stay under section 11(b) of the Charter. Delay is assessed case by case and the defence's own conduct is taken into account.
Missed a date or already convicted?
- Reopening: if you were convicted without a hearing and, through no fault of your own, could not attend the meeting or hearing or did not receive a notice, you can apply to have the conviction struck out within 15 days after you became aware of it (POA s. 11).
- Appeal: for a Part I or Part II matter, the notice of appeal must be filed within 30 days after the decision (POA s. 135), and the appeal is heard by a provincial judge of the Ontario Court of Justice. Part III appeals have their own rules and deadlines.
- Unpaid fines: unpaid fines can lead to licence suspension, plate denial and collection activity. A request for more time to pay can be made in many cases.
Frequently asked questions
Will fighting the ticket cost me more?
Not necessarily. Many tickets are resolved for a lower penalty or fewer points. If convicted at trial, the fine is generally the set fine, but the judge has some discretion on serious charges.
Do I have to attend court?
For many matters a licensed paralegal can appear on your behalf. For some Part III charges or where custody is possible, the court may require you to attend.
I hold a work or study permit. Does a traffic ticket affect my status?
Most Highway Traffic Act offences are provincial offences and do not by themselves make a person criminally inadmissible. Criminal Code driving offences are different and can have serious immigration consequences. Get advice before pleading guilty to any charge.
Can I get demerit points removed?
Points expire two years after the offence date. They cannot be removed early, but a resolution before conviction can reduce or avoid them.
Official sources
- Government of Ontario: Traffic tickets and fines online
- Government of Ontario: Understanding demerit points
- Government of Ontario: Speeding and aggressive driving
- Government of Ontario: Distracted driving
- FSRA: Auto insurance is the law
- Ontario Court of Justice: Provincial offences
- Provincial Offences Act
- Highway Traffic Act
This guide is general legal information about Ontario law as of the date above. It is not legal advice for your situation. Laws, forms and fees change; check the official sources before you act.