Ontario Regulation 339/94 [Regulation] is a regulation under the Highway Traffic Act which governs the demerit point system which all Ontario drivers are familiar with. Depending on if you are a fully licenced driver (G or M) or a novice driver (G1, G2, M1, and M2), the amount of demerit points that you accumulate and the manner in which you accumulate them can have severe repercussions on your licence. It is important to note that demerit points remain on your record for 2 years. Therefore, when we are dealing with “accumulated demerit points” we are referring to a 2 year window.
Fully Licenced Drivers (section 7-9 of the Regulation)
If you are a fully licenced driver and you accumulate 6 to 8 demerit points, you will receive a notice in the mail setting out the number of demerit points you have accumulated. If you have accumulated between 9-14 demerit points, the Registrar may require you to attend an interview before a ministry official to provide information to show why your licence should not be suspended. If you have accumulated 15 or more demerit points, the ministry shall suspend your licence (30 day suspension if it is your first suspension).
Novice Drivers (section 15-18 of the Regulation)
If you are a novice driver and you accumulate 2 to 5 demerit points, you will receive a notice in the mail. If you have accumulated 6 to 8 demerit points, the ministry may require you to attend an interview before the ministry. If you have accumulated 9 or more demerit points, the ministry shall suspend your licence (60 day suspension if it is your first suspension).
Novice Driver’s – Beware!
In order to avoid a mandatory suspension, novice drivers must also be aware of the following amendment in relation to demerit points made to the Ontario Regulation 340/94: Upon any conviction of an HTA offence where the attributable demerit points are 4 or more, a novice driver will be suspended for:
– 30 days for the first occurrence
– 90 days for the second occurrence
– Licence cancellation for the 3 occurrence.
These offences include (4 demerit points or more):
– Failing to remain at the scene of a collision
– Failing to stop when signaled or asked by police
– Careless driving
– Racing
– Exceeding the speed limit by 30km/hour or more
– Failing to stop for a school bus
– Following too closely.
Ontario Regulation 339/94, Demerit Point System, click here
Ontario Regulation 340/39: Drivers’ Licences, click here
Highway Traffic Act, R.S.O. 1990, c. H.8, click here
