What is distracted driving?
Distracted Driving Laws in Canada
For more information on any of the summarized laws below, contact your provincial or territorial department of Transportation.
British Columbia
The Motor Vehicle Act introduced in 1996 prohibits, in Section 144, the act of careless driving. In summary, the Section states that a person driving on a highway must exercise due care, attention, have consideration for other persons using the highway and drive at a speed that is not excessive relative to the other traffic on the road, as visibility and weather conditions permit. A driver found guilty of any of the above may be convicted and fined a minimum $100. In the event the motorist is fined, they are subject to Section 4 under the Offence Act — a general penalty which does not permit them to be charged more than $2000 or to be sentenced to more than six months in jail by a court.
Alberta
Section 115 of the Alberta Traffic Act prohibits drivers who operate vehicles without due care and attention, or without reasonable consideration for persons using the highway. This is further defined as driving for a bet or wager, or in a way that will distract, startle or interfere with users of the highway. Further, motorists in Alberta are not permitted to drive with a person, animal or thing occupying the front seat of the vehicle that impedes the drivers' access and use of the steering wheel, brakes and other equipment necessary to operate the vehicle safely. Motorists convicted of violating this Section may be subject to a loss of up to six demerit points.
Saskatchewan
Introduced in 1986, Saskatchewan's Highway Traffic Act, under Section 44, defines driving with due care and states that no person shall drive a vehicle on a highway without reasonable consideration for other persons using the highway.
Section 71(1) of the same act governs the proper use of televisions, computers and other electronic devices. Motorists are not permitted to operate a vehicle equipped with an electronic device that includes a screen except if the equipment is securely and safely mounted in the vehicle, located in a manner that does not obstruct the view of the driver or is not visible to the driver. Images displayed on a television set, video screen or computer screen should only be visible if they are designed to assist the driver in ensuring the safety of the vehicle's load or its passengers, or for one of the following reasons: to navigate; to display the time; if the driver is a peace officer, to carry out his or her duties as a peace officer, including to assess fees or charges payable by passengers or users of the vehicle.
Motorists convicted under either of these offences may be subject to a fine of no more than $2,000.
Manitoba
The Highway Traffic Act was originally introduced as binding legislation in June 1985. Section 188, under the subsection "Accidents," addresses the issue of careless driving.
The Act defines careless driving as "driving a vehicle on a highway without due care or attention or without reasonable consideration for other persons using the highway." The Act further prohibits this type of driving, and, should a motorist be convicted of careless driving, is liable for a fine of up to $5,000. In addition to being fined, the driver may also have their licence suspended for up to one year. If, when they are convicted, the person in question does not hold a valid driver's licence they can be further prohibited from obtaining or holding a licence for another year.
Ontario
Ontario's Careless Driving Law, contained in Highway Traffic Act Section 130 and introduced in 1990, concludes that every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway. If convicted under the Careless Driving Law, motorists may be liable for a fine of $200 to $1,000, as well as a jail term for a maximum of six months. As well, the motorist's licence may be revoked for a period of up to two years. This is one of Ontario's toughest rules of the road.
In 1990, Québec and Ontario signed a Reciprocal Agreement to promote compliance of traffic and highway safety within their respective borders.
Québec
Section 327 of Québec's Highway Safety Code defines unsafe driving as "any rate of speed or any action that can endanger human life and safety or property" and is prohibited on any public highway, private road, land occupied by shopping centres, or other land where public traffic is allowed.
Except where identified, or where the motorist holds a special permit, the Code identifies the following speeds as guidelines for motorists:
- More than 60 km/h or less than 100 km/h on highways
- Not in excess of 90 km/h on public highways surfaced with concrete, asphalt or a similar material
- Less than 70 km/h on gravel highways
- Less than 50 km/h in a built-up area, except on limited-access highways
Motorists convicted of distracted driving in Québec are subject to a fine of between $60 and $2,000. No mention is made of the number of demerit points that may be lost or what constitutes suspension of a driver's licence.
New Brunswick
New Brunswick's Motor Vehicle Act, Section 346 (1) defines careless driving as any person who drives a motor vehicle on a highway without due care or attention, without reasonable consideration for another person using the highway or in a race. Exceptions exist for drive-in theatres, parking lots, school yards, parks and picnic sites, beaches, highways under the administration and control of the New Brunswick Highway Corporation or a project company and winter roads (across river ice).
Motorists found guilty of reckless or careless driving are classified as category "H" offenders. As such, they can be fined between $500 and $10,250. Second time offenders who have already been given the maximum fine can be fined up to $25,250. Prison terms can also accompany this fine, up to a maximum of 180 days.
Nova Scotia
The Nova Scotia Motor Vehicle Act, adopted in 1989, under Section 100 (1), identifies the duty of each motorist to drive carefully and in a prudent manner. Anyone who fails to do so will be found guilty of careless and imprudent driving. This charge can bring with it a fine of $250 and is considered a crime worth six demerit points. A motorist may also have their licence immediately suspended or revoked by the Registrar. A court hearing is required to rescind the decision and for the motorist to reclaim their licence. The province also holds the right to lay the charges on Nova Scotians found guilty of reckless or careless driving in other parts of the country when they return to Nova Scotia.
Prince Edward Island
Adopted in 1994, PEI's Highway Traffic Act (Section 264) declares motorists shall take due care and attention when operating a vehicle, with reasonable consideration for other persons. Anyone who violates this section of the Act may have their licence cancelled or suspended by the Registrar. The Registrar also reserves the right to disqualify the driver from holding or obtaining a licence for as long as they see fit; they can also place a motorist under probation in addition to or in lieu of suspending or cancelling the driver's licence if they choose.
The Registrar must notify the motorist of his pending probation in writing, stating the terms and length of the probationary period. The Highway Traffic Act Penalties does not identify a minimum or maximum fine that may be imposed in such a case, nor does it identify possible jail terms.
Newfoundland & Labrador
In 2002, Newfoundland and Labrador passed a bill to ban the use of hand-held cell phones by drivers while driving, making it the first Canadian jurisdiction to bring in such legislation. The new law does not cover hands-free phones or other electronic devices, but the province advises drivers to avoid using any type of cell phone while operating a vehicle. Motorists caught talking on a hands-held cell phone while driving face a fine ranging from $45-$180, and will also be assigned four demerit points in keeping with similar imprudent driving penalties.
Also, the Highway Traffic Act of Newfoundland and Labrador, originally adopted in 1990 addresses imprudent driving in Section 110. The Section prohibits motorists from driving a vehicle on a highway or other place at a speed in excess of what is "reasonable and prudent under the conditions", bearing in mind existing and potential hazards on the highway or surrounding area. Motorists are also prohibited from driving without due care and attention and without consideration for other motorists and persons. The Section outlines acceptable speeds for highways, paved and gravel roads and in settled areas. If convicted of one of these offences, a motorist can face a fine of up to $750 and as many as 25 days in jail in addition to or in lieu of payment of their fine.
Northwest Territories
In 1988, the Northwest Territories established their Motor Vehicles Act, which was subsequently adopted by Nunavut in April 1999 without amendment. Sections 111 (1) a-b, (2) a- b, (3) address reckless driving such that if a licenced driver has been operating a vehicle in a dangerous manner, has endangered the safety of the public or has an unsatisfactory driving record, the Registrar may cancel the driver's licence or suspend it for up to two years.
If the Registrar does cancel the driver's licence, they are required to notify the driver in writing, indicating the reason(s) for the cancellation and length of suspension (if any). The driver is then required to return their driver's licence in person or by mail immediately. This offence also carries a fine of $115 and six demerit points.
Nunavut
Until amended by the Territory of Nunavut, the Northwest Territories Motor Vehicle Act applies within the Territory of Nunavut also.
Yukon
Motorists found guilty of careless driving (no definition is provided for careless driving in their Motor Vehicle Act) are subject to sentencing under Section 179 of the Criminal Code of Canada; this offence caries a penalty of six demerit points, a fine of up to $500 and/or up to six months in prison.