Distracted Driving Laws in Ontario: Fines, Demerit Points, and Licence Suspensions

Ontario bans driving while holding or using a hand-held communication or entertainment device under Highway Traffic Act s.78.1, with a $500 out-of-court set fine on a first offence, 3 demerit points that jump to 6 when the offence is committed within 5 years of a previous conviction, and an escalating licence suspension that reaches 30 days on a third or further conviction.

Information last verified on 2026-09-24. This article has not yet been reviewed by a licensed lawyer.

This article covers distracted driving penalties in Ontario under the Highway Traffic Act, R.S.O. 1990, c. H.8, ss. 78 and 78.1. For how distracted driving penalties compare across the other 12 provinces and territories, see Distracted Driving Laws in Canada. This article does not cover careless or dangerous driving, which are separate, more serious offences; see Careless Driving vs. Dangerous Driving in Canada for that distinction, or the automated speed and red light camera rules covered in Speeding Tickets in Ontario.

What Counts as a Hand-Held Device or a Prohibited Display Screen

Section 78.1(1) of the Highway Traffic Act sets out the core prohibition:

"No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages." (Highway Traffic Act, R.S.O. 1990, c. H.8, s. 78.1(1))

That covers phones and similar communication devices. A separate provision, s.78, addresses a display screen that is visible to the driver, a distinct offence from holding a communication device. The Act applies the same escalating fine and suspension structure to both: s.78.1(6.1) governs the communication-device penalty, and s.78(5) applies an equivalent structure to the display-screen offence. A driver can be charged under either section depending on what was actually observed.

The Statutory Fine Range vs. the Actual Set Fine

The number printed in the Highway Traffic Act is not the amount most drivers pay. Section 78.1(6.1) sets a court-imposed maximum that rises with each conviction:

The $500 set fine under Schedule 43 applies to both the hand-held communication device offence (s.78.1(1)) and the hand-held entertainment device offence (s.78.1(2)); it sits at the statutory floor. The set fine does not rise with the conviction count: the province lists a fine of $615 if settled out of court for a first, a second, and a third or further conviction. The higher statutory maximums come into play if the driver receives a summons, or fights the ticket in court and loses, where a judge can impose a fine anywhere within the applicable statutory range. The $615 total for a first-offence set fine reflects the $500 fine, a $110 victim fine surcharge for a fine in the $451 to $500 bracket, and a $5 court cost.

Demerit Points: 3 on a First Offence, 6 on a Repeat Within 5 Years

Ontario Regulation 339/94's demerit-point table lists both s.78 and s.78.1 as 3-point offences. That is only the base figure. Section 2(2) of the same regulation creates an override for a repeat conviction:

"if a person is convicted of an offence under section 78 or 78.1 ... that was committed less than five years after a previous conviction under section 78 or 78.1 ..., the Registrar shall record six demerit points instead of the number ... set out in Column 2." (O. Reg. 339/94, s. 2(2))

A conviction for an offence committed within 5 years of a previous conviction is 6 demerit points on its own, not the base 3 points added a second time. An offence committed more than 5 years after the previous conviction is treated as a fresh first offence for this purpose, both for the point count and for the suspension ladder described next.

Licence Suspension Escalates With Each Conviction

Separate from the fine and demerit points, a conviction under s.78 or s.78.1 triggers an administrative licence suspension under s.78.1(6.2): 3 days for a first offence, 7 days for a first subsequent offence, and 30 days for a second subsequent or further offence. Section 78.1(6.3) treats an offence committed more than 5 years after a previous conviction as a first offence again, matching the demerit-point reset described above. This suspension is tied to the conviction itself, distinct from a longer suspension a court could separately order for a careless or dangerous driving conviction.

Novice Drivers Get No Points, But Longer Suspensions

A driver holding a G1, G2, M1, or M2 licence under Ontario's Graduated Licensing System does not receive demerit points for a distracted driving conviction. Instead, the consequence is a suspension of the licence itself, on an escalating schedule: 30 days for a first conviction, 90 days for a second conviction, and cancellation of the licence with removal from the Graduated Licensing System on a third conviction, after which the driver has to redo the program from the start. This structure sits alongside the broader zero blood-alcohol and other novice-specific rules described on Graduated Licensing in Canada; this article does not repeat those rules and focuses only on the device-related consequence.

Pending Change: A Harsher Commercial Motor Vehicle Track Is Not Yet in Force

A 2026 amending Act, cited in the Highway Traffic Act's own text as "2026, c. 7, Sched. 5" at sections 14 and 15, will add a separate, harsher penalty track specifically for distracted driving committed by means of a commercial motor vehicle: fines of $1,000 to $2,000 for a first offence, $1,000 to $4,000 for a first subsequent offence, and $1,000 to $6,000 for a second subsequent or further offence, with suspensions of 7, 14, and 60 days respectively. The Highway Traffic Act's own text marks this amendment "not in force" as of this article's verification date, with no proclamation date given; it comes into force on a day to be named by order of the Lieutenant Governor in Council. Until proclaimed, the general penalty structure described above applies to commercial and non-commercial drivers alike.

Disclaimer: This article provides general information about distracted driving penalties in Ontario under the Highway Traffic Act, R.S.O. 1990, c. H.8, ss. 78 and 78.1, and Ontario Regulation 339/94, current as of September 2026. It is not legal advice. A pending 2026 amendment affecting commercial motor vehicle penalties is not yet in force and is not reflected in the figures above beyond noting its existence. Consult the Ontario Ministry of Transportation, the Ontario Court of Justice, or a lawyer licensed in Ontario for advice on your specific situation.