How long do demerit points last in Ontario?

Whether you're a new driver or have been behind the wheel for years, knowing how Ontario's demerit point system works is an essential part of being a responsible motorist. Contrary to what you may have been told, demerit points aren't "lost" or "deducted" from your driver's licence; rather, they are added to your record when you're caught performing a driving violation. They can lead to serious consequences, including warnings, suspensions, and even higher insurance rates.

While insurance providers don't factor in how many demerit points you have, they will consider the convictions associated with those points, whether it be for speeding or careless driving, which will increase your insurance rates quite significantly.

According to Transport Canada, there were 1,964 road fatalities in 2023, a 1.7% increase over 2022. Distracted driving is one of the leading causes of collisions and accounts for over 25% of fatal crashes in Ontario. These numbers show why maintaining a clean driving record and avoiding demerit points is essential for both road safety and affordable premiums.

Understanding how the Ontario demerit point system works and how long the stay on your record can help you make better decisions when you're driving and avoid penalties. We'll go over this and more in our guide below, so stick around for more information.

What are demerit points in Ontario?

Demerit points are part of Ontario’s Highway Traffic Act system, and specifically designed to encourage safe driving amongst motorists while penalizing those who exhibit risky behaviour. The demerit point system was introduced in the latter half of the 1950s to monitor and record infractions, ensuring repeated traffic violations are met with escalating penalties.

When you commit a Highway Traffic Act offence, you're not only given a fine, you're also given demerit points. These demerit points are then recorded by the Ministry of Transportation (MTO) and stay on your record for two years from your offence date.

How demerit points work is that all novice drivers start with zero demerit points, or a clean driving record. You only collect demerit points when you are charged with a traffic violation. The more serious the offence, the more demerit points you receive. For example, disregarding a pedestrian crossing will get you two demerit points, while careless driving will get you six demerit points. One thing to clarify when it comes to these points is the distinction between violations, charges, and demerit points:

• Traffic violation: The action you took, like driving over the speed limit.

• Charge: The legal accusation made against you by a police officer.

• Demerit points: The penalty related to the violation you made.

Again, the more demerit points you have on your driver's licence, the more severe the consequences will be.

How long do demerit points last in Ontario?

As we mentioned, Ontario demerit points stay on your record for two years from the offence date, not the date of your conviction. This distinction can make a huge difference, especially if there happens to be delays in your court proceedings. Here's an example of how things could play out:

Let's say you’re caught speeding on the highway in July 2023. You go to court and are convicted of this offence in January 2024. Although you were convicted months later, the demerit points are still calculated from July 2023, which means they will be removed from your driving record in July 2025.

One thing to note is that demerit points and convictions are not the same. While demerit points stay on your record for two years, traffic convictions will remain on your driving abstract for three years or more, depending on the severity of the offence. Insurance providers often care more about the conviction than the points themselves.

How demerit points affect G1, G2, and G Drivers in Ontario

Demerit points in Ontario work differently for drivers, based on whether or not they are in the graduate licensing program. For G1 and G2 drivers, you can anticipate stricter rules and harsher penalties. Let's take a closer look at what you can expect:

To illustrate this difference further, let's look at two hypothetical examples:

Example one

John is a G2 driver from Toronto who received three demerit points for running a stop sign and another three points for performing an improper lane change. With six points, he is called in for an interview with the Ministry of Transportation. If he fails to attend this interview, he's likely to get a licence suspension.

Example two

David is a fully licenced driver from Brampton, who has seven points from exceeding the speed limit and distracted driving. He also receives a warning letter from the ministry. Should the ministry interview have a poor outcome, David can expect a suspended licence. If it goes well, he may be able to avoid this consequence.

So, why are driver's licence levels treated differently? New drivers in the graduate licence program are considered more of a risk on the road than full-licenced drivers due to their inexperience. This driving program is designed to ensure drivers develop safe driving habits early on in their journey. Therefore, their mistakes carry more severe consequences.

Types of violations and their associated values

Remember, the seriousness of the offence you commit determines how many demerit points are awarded. Here's a closer look at the types of violations and points you’ll receive:

As you can see, minor infractions don't carry as serious penalties as careless driving or fleeing the scene of an accident. Regardless, all can impact your driving privileges and have varying effects on your insurance coverage.

What offences don’t result in demerit points?

Not all driving-related offences will affect the total amount of demerit points you have, specifically those that are considered civil violations. Here's a closer look at some civil traffic offences that won't lead to demerit points:

Parking tickets

Parking tickets are considered municipal bylaw violations, not traffic law violations. Therefore, they will not lead to demerit points.

Red light camera tickets

Seeing as the traffic camera isn't able to identify who the driver of the vehicle is, red light camera tickets carry zero points.

Toll violations

Failing to pay a toll is considered a civil fine. While repeated offences may lead to some consequences, they do not come with demerit points.

Licence plate violations

Issues like driving with expired plates may come with fines, but they won't lead to demerit points on your driving record. Remember, even though demerit points won't be issued to you, they can still come with financial consequences.

How to reduce demerit points

Unfortunately, in Ontario, you aren't able to reduce the number of demerit points you have on your driving record. However, there are steps you can take to reduce the impact of your demerit points and prove to your insurance company that you are trying to be a better motorist. Here's what you can do:

1. Take a defensive driving course

If your licence was suspended and you're up for a review, you may want to consider taking a defensive driving education course. These courses are specifically approved by the Ministry of Transportation and may be considered during your review process. While the demerit points remain on your record, it's still recommended that you consider this option. Approved courses include:

• Young Drivers of Canada

• DriveWise

• Ontario Safety League

2. Avoid further offences

To avoid getting too many demerit points on your record, you need to make sure you're a safe driver and follow the rules of the road. Drive safely and wait for your demerit points to expire.

3. Appeal of fight your traffic ticket in court

If you believe that you've been wrongfully charged, you do have the right to challenge your ticket in court. Winning your appeal could lead to reduced consequences or remove them altogether.

One thing to note is that some demerit points in Ontario can't be removed. For example, if you've been charged with careless driving or other offences under the Criminal Code of Canada, challenging these in court can be difficult and will require you to hire a legal professional.

How to check demerit points online

If you've been accumulating demerit points for a while, knowing how many demerit points you have before renewing your auto insurance can help give you a better estimate of how much you're going to spend. To check your points, you'll need to order your driver's abstract through ServiceOntario by doing the following:

1. Contact ServiceOntario

First, you'll need to contact a ServiceOntario centre in your area. You can do so in person or online at https://www.ontario.ca/page/order-drivers-record.

2. Choose your driver's abstract

Next, you'll need to choose which type of driver's abstract you want. The 3-Year uncertified abstract is what insurance companies usually have access to, and it shows your convictions and associated demerit points. If you’re curious about older infractions or need the record for employment, opt for a certified copy.

3. Pay your fee

A certified edition costs $18, whereas an uncertified version costs $12 and includes the abstract with three to five years of history.

4. Review your points

With this, you'll be able to review your driving history and any points that may be listed.

How do demerit points impact insurance

Demerit points themselves are not a factor used by insurers to calculate your insurance rate. Instead, it's the convictions that led to them adding demerit points to your history that are considered. These convictions often remain on your record for three years before they are removed.

So while you may have failed to slow down when passing a stopped emergency vehicle or failed to obey a railway crossing signal one time may not trigger a substantial increase in your rates; repeated offences and warnings will increase your premiums by having you deemed a high-risk customer. To avoid expensive insurance rates, the best thing you can do is practice safe and responsible driving habits. In the following sections, we review demerit point systems in other Canadian provinces:

Demerit point systems across other Canadian provinces

Because traffic laws vary between provinces, so do demerit point systems. Here is how points can vary between provinces:

If you move to another province or territory in Canada, your driving history typically follows you, including your demerits. However, there are certain exceptions. For instance, if you are found guilty of a demerit offence in Ontario, the points will transfer to any other provincial licence, with the exception of British Columbia and Nunavut. Similarly, if you are found guilty of a demerit offence in a province that is excluded, no penalty points will be used against your driver's permit in Ontario.

What happens when you reach the maximum points?

In Ontario, reaching the maximum number of demerit points will result in an automatic licence suspension. For fully licenced G drivers, that point limit is 15 points. For novice drivers in the graduated licensing program, it’s 9 points. Remember, here’s what happens next:

1. Your driver’s licence is suspended for 30 days if you're a G licence holder, or 60 days if you have a G1 or G2 licence.

2. The Ministry of Transportation will mail you a notice of suspension and may schedule an interview to assess your driving behaviour.

3. If you fail to attend the interview or don’t demonstrate improvement in your driving behaviour or remorse, your licence could be permanently suspended.

4. Following your suspension, your licence will be reinstated. Remember, however, that the demerit points stay on your record until the two-year mark.

Will demerit points affect my ability to rent a car?

In most cases, having demerit points won't affect your ability to rent a car. Rental companies don’t usually access your driving abstract or check your total points. They will, however, look for serious incidents like impaired driving, recent suspensions, or major collisions.

Are commercial drivers subject to different demerit point rules?

Yes, in Ontario, commercial drivers accumulate points not only on their personal driving record but also on their employer’s Commercial Vehicle Operator’s Registration profile, which can lead to warning letters, safety audits, licence suspensions, and impacts on their insurance and ability to find work.

Contact BrokerLink today

Demerit points are more than a score; they're a reflection of what kind of driver you are. While a few points are something you need to worry about, repeat offenders can expect escalating penalties.

Whether you have questions about your driving record or need to purchase car insurance, BrokerLink has got you covered. You can contact us over the phone or by email! In the meantime, take advantage of our free insurance quote tool for a competitive quote within minutes!

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