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Distracted Driving Laws in Canada: Fines, Demerit Points, and Novice Driver Rules by Province

Independently fact-checkedBy Recording Law Editorial Team13 min read

Independently fact-checked against primary sources (last audited September 24, 2026). · 21 primary sources cited on this page. How we verify our legal content

Distracted Driving Laws in Canada: Fines, Demerit Points, and Novice Driver Rules by Province

Frequently Asked Questions

Does every Canadian province and territory ban hand-held phone use while driving?

Yes. All 13 provinces and territories prohibit holding or using a hand-held communication device while driving under their own highway traffic or motor vehicle legislation, though the exact device definition, fine, and consequence differ by jurisdiction.

Which provinces have zero tolerance for new or graduated-licence drivers?

British Columbia, Saskatchewan, and Yukon each remove the hands-free exception entirely for new or GDL drivers by the plain text of their statutes, so even hands-free use can result in a ticket for a driver in those licence classes. Other jurisdictions did not show a confirmed device-specific novice rule in the sources reviewed for this article.

Is the fine listed in the statute the amount I would actually pay?

Not always. Several provinces set a statutory range as the maximum a court could impose, while the actual out-of-court set fine is a separate, often lower, fixed figure. Ontario's statutory range is $500 to $3,000, but an uncontested ticket costs a flat $615 out of court, made up of a $500 set fine plus the victim surcharge and court fee.

Is Manitoba's penalty really demerit points?

Manitoba Public Insurance's own materials describe the consequence as moving 5 levels down its Driver Safety Rating scale, a different mechanism from a traditional demerit-point tally, even though one MPI page uses demerit-point language informally.

Are any provincial distracted driving laws about to change?

Nova Scotia and Yukon have each passed a full replacement traffic act that had not come into force as of this article's verification date; both provinces' current law remains their existing Motor Vehicle Act or Motor Vehicles Act until the new act is proclaimed. Confirm the current status before relying on either province's rule.

Why does Nunavut show no demerit points for this offence?

Nunavut's demerit-point regulation predates its 2017 hand-held device offence and has not been updated to include it, so as consolidated, no demerit points currently attach to a conviction. This reflects a gap in the regulation, not a deliberate lenient policy.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Highway Traffic Act, R.S.O. 1990, c. H.8, s. 78.1 (hand-held device prohibition and penalties) (Government of Ontario)(ontario.ca).gov
  2. Code de la securite routiere, RLRQ c. C-24.2, ss. 443.1 and 509.2.2 (distraction prohibition and fine) (Legis Quebec)(legisquebec.gouv.qc.ca).gov
  3. Motor Vehicle Act, RSBC 1996, c. 318, ss. 214.1 to 214.6 (use of electronic devices while driving) (BC Laws)(bclaws.gov.bc.ca).gov
  4. Distracted driving penalties, Government of Alberta(alberta.ca).gov
  5. Distracted driving, Manitoba Public Insurance(mpi.mb.ca).gov
  6. The Traffic Safety Act, SS 2004, c. T-18.1, s. 241.1 (hand-held electronic communications equipment prohibited) (Queen's Printer Saskatchewan)(publications.saskatchewan.ca).gov
  7. Traffic Safety Act legislative changes (Motor Vehicle Act still current law), Government of Nova Scotia(novascotia.ca).gov
  8. Driver distraction, Government of New Brunswick(gnb.ca).gov
  9. Highway Traffic Act, RSNL 1990, c. H-3, s. 176.1 and penalty Schedule (cellular telephones and other communication devices) (House of Assembly)(assembly.nl.ca).gov
  10. Highway Traffic Act, RSPEI 1988, c. H-5, s. 291.1 (hand-held devices) (Government of Prince Edward Island)(princeedwardisland.ca).gov
  11. Find out what happens if you're caught driving distracted, Government of Yukon(yukon.ca).gov
  12. Changes to the NWT Motor Vehicles Act address distracted driving and speeding, Government of the Northwest Territories(gov.nt.ca).gov
  13. Consolidation of Traffic Safety Act, R.S.N.W.T. 1988, c. M-16 (Nunavut), s. 239.1 (electronic device), current to December 6, 2019 (Nunavut Legislation)(nunavutlegislation.ca).gov
  14. Set Fines, Schedule 43 (Highway Traffic Act), item 222: s.78.1(1), $500 (Ontario Court of Justice)(ontariocourts.ca).gov
  15. Distracted driving, Government of Ontario ($615 if settled out of court, including victim surcharge and court fee)(ontario.ca).gov
  16. Code de la sécurité routière, RLRQ c. C-24.2, art. 443.3 (licence suspension on repeat offences) (LégisQuébec)(legisquebec.gouv.qc.ca).gov
  17. Fines and points for offences, ICBC (s.214.2(1): $368, 4 points)(icbc.com).gov
  18. Distracted driving suspensions, Manitoba Public Insurance ($672 fine; 3-day and 7-day suspensions; five levels down the DSR scale)(mpi.mb.ca).gov
  19. Driver's Handbook, Graduated Driver Licensing Class 5, Manitoba Public Insurance(apps.mpi.mb.ca).gov
  20. Highway Traffic Act Graduated Driver Licensing Regulations (PEI), s. 6 (Government of Prince Edward Island)(princeedwardisland.ca).gov
  21. Motor Vehicles Act, RSNWT 1988, c. M-16, ss. 116.81 and 155.1 (Department of Justice, Northwest Territories)(justice.gov.nt.ca).gov
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