The Ultimate Guide to Ontario’s Demerit Point System

From the name, to how long points last, many drivers are confused by Ontario’s demerit point system.  This guide will help you understand the system, the laws around it and answer questions like ‘how long demerit points last in Ontario?’

1 – The Basics

Ontario’s Demerit Point Systems came into effect in the mid-seventies as a way to track traffic convictions. The points are accumulated, with drivers starting with a ‘clean’ record of zero demerit points. Convictions for traffic tickets are assigned points based on their severity. Drivers can be given penalties for accumulating certain levels of points on their records.

In Ontario, the number of demerit points you can get for a traffic conviction ranges from two to seven points. The number of points for a particular conviction remains the same from one driver to another.  But their effect on the driver can change based on the level of driving experience and type of license held. For example, those drivers under the initial phases of Ontario’s Graduated Licensing program are held to stricter standards.  They may suffer penalties, including a license suspension, for fewer demerit points, versus drivers with full licenses.

Demerit Points from Out-of-Province

Other provinces and countries also use similar demerit point systems. Points incurred out-of-province or in another country can be enforced here in Ontario. Ontario drivers are also subject to potential demerit points for traffic convictions in the states of New York and Michigan.

The penalties for accumulated demerits range from a warning letter to full license suspension for a minimum of 30 days. But Ontario’s legislation allows for some leeway. Those at risk for license suspension may need to appear at an interview to discuss their driving offences. They may have the opportunity to offer some reasoning about why there should be no further penalties. Again, these point thresholds vary depending on the type of Driver’s license held and the experience of the driver.

2 – The Most Serious Offences

Here we’ll explain the laws, how they work, and various ways that demerit points can affect your driving record.

Let’s take a look at the eight most serious demerit point offences in Ontario. It is important to note that any demerit points you get on your driving record are not the only penalties you might face for an infraction. Many of the highest-demerit point offences, including street racing or failing to remain at the scene of an accident. can carry harsh penalties upon conviction. These include driver licence suspensions and vehicle impoundment. In some cases the demerit points, while still a serious matter, are the least of an offender’s worries.

Seven Demerit Points

7 demerit points are the heaviest penalty an Ontario drive could potentially face under the Highway Traffic Act. These are the most common infractions where you might receive 7 demerit points on your driving record:

• Failing To Remain At The Scene Of A Collision – In Ontario, the law states that all drivers in a collision must remain at (or immediately return to) the scene of the incident. Drivers must also provide details such as their names, address, licence and insurance numbers, to all other parties in the collision. Additional penalties can include licence suspension of up to two years, a $2,000 fine, and/or six months in prison.
• Failing To Stop When Signaled Or Asked By A Police Officer – Drivers who fail to obey directions from a Police Officer are subject to stiff penalties similar to those described above for Failing To Remain At The Scene Of A Collision.

Six Demerit Points

An Ontario driver could receive up to 6 demerit points for the following infractions:

• Careless Driving – By far the most broadly-worded offence in the Highway Traffic Act, Careless Driving generally applies to collisions and other situations in which the driver does not practice due care or reasonable consideration for others. Careless drivers are also subject to fines and/or incarceration. But the vague wording of the law results in an extremely broad range of sanctions. Courts determine the sanctions on a case-by-case basis.
• Racing – In Ontario, any driver caught racing is subject to roadside vehicle impoundment and several other severe sanctions such as licence suspension and fines of up to $10,000.
• Exceeding The Speed Limit By 50 km/hr Or More – Along with the racing and stunt offences listed above, drivers caught exceeding the speed limit by 50km/hr or more are subject to immediate roadside vehicle impoundment. Excessive speeders in this category usually also receive stunt driving/racing charges, in addition to the speeding charge.
• Failing To Stop For A School Bus – While the penalty for failure to stop at red lights, stop signs, and railroad crossings is three points, situations involving dangerous or careless activity around a school bus can result in higher penalties.

Four Demerit Points

An Ontario driver could receive up to 4 demerit points for the following infractions:

• Exceeding The Speed Limit By 30 To 49 km/h – Demerit points for speeding begin at three points for driving 16-29km/hr over the speed limit. But they may increase to 4 points for travelling 30 to 49 km/hr over the limit.
• Following Too Closely – If you follow a vehicle more closely than is reasonable, without due regard for the speed of the vehicle, the traffic on the roadway and the conditions of the highway, you may receive 4 demerit points for a conviction on the charges.

3 – Demerit Point Penalties In-Depth

As mentioned in part one, every driver starts with zero demerit points and a clean record. Drivers may then receive points following convictions of offences under the Highway Traffic Act.

Drivers receive penalties for demerit points for accumulating certain numbers of points, with stiffer penalties for higher totals. Below is a breakdown of the penalty escalation system in Ontario:

• 6-8 Points / 2-5 Points (New Drivers) – Drivers will receive a warning letter informing them that further points could result in an in-person interview to determine any further sanctions.
• 9-14 Points / 6-8 Points (New Drivers) – After reaching this threshold, the Ministry of Transportation has the right to suspend a licence following a mandatory in-person interview. Failure to show up for the interview could also result in a suspension.
• 15+ Points / 9+ Points (New Drivers) – If at any time you reach 15 points or more, you may receive a 30-day license suspension. New drivers reaching nine points and above are subject to double that amount: an automatic 60-day suspension.

As you can see, new drivers receive less leniency regarding penalties. Also, all of the above suspension and penalty information relates only to first-time offenders. Accumulating subsequent points that result in a second or further suspension will result in a mandatory six-month suspension.

Interview with The Ministry of Transportation

The Ministry of Transportation may schedule a mandatory meeting for drivers with more than nine points (or six points for New Drivers). This is the only subjective aspect of the Demerit Point Penalty System. It requires the driver in question to provide details as to why they should continue to hold a valid licence. If the driver suffers a license suspension, they will get a notification in the mail about the suspension dates. Failure to appear for the meeting can result in an automatic suspension. And failure to surrender a licence that is under suspension can lead to an extension of the suspension.

When Are Demerit Points Are Applied?

Demerit points only appear on an offender’s record following conviction. This can occur following a judgment at an in-person hearing, or upon payment, signature, and processing of the original ticket. All drivers have the right to contest their tickets in court, with or without legal counsel.

How Long Do Demerit Points Last in Ontario?

Demerit points remain in effect on the driver’s licence for two years from the offence date (date of the ticket). At the end of the two-year period, the demerit points will be removed from the current cumulative count. However, the record of the offence will remain on your driving record.

Lastly, if multiple convictions result from a single incident, drivers only get demerit points for the most serious charge. For example, if a driver receives a ticket and conviction for Exceeding the Speed Limit by 30-49km/h (4 points), Following Too Closely (4 points), and Careless Driving (6 points), they would only face the most serious penalty for those offences – six points – versus the cumulative amount for each offence – in this case, 14 points.