Demerit Points
Demerit points are administrative penalties recorded on an Ontario driver's licence for convictions under the Highway Traffic Act and certain Criminal Code driving offences. They are administered by the Ministry of Transportation under the demerit point system established by regulation. Demerit points stay on the record for two years from the date of the offence and can lead to licence interviews, suspensions, and other consequences if they accumulate.
Mass Tsang focuses on criminal defence, but the firm regularly addresses HTA implications that arise alongside criminal driving charges. For more, see our blog post on careless driving in Ontario.
Point values
Common HTA convictions and their demerit values include: failing to remain at the scene of an accident — 7 points; careless driving — 6 points; racing or stunt driving — 6 points; driving 50+ km/h over the speed limit — 6 points; failing to yield to emergency vehicles — 6 points; driving while suspended — 6 points (under HTA, separately from any criminal charge); speeding 16-29 km/h over — 3 points; speeding 30-49 km/h over — 4 points; failure to stop at a stop sign or red light — 3 points; distracted driving (handheld device use) — 3 points.
What happens as points accumulate
For fully licensed drivers (G class), the consequences escalate with points: 6 points triggers a warning letter; 9 points triggers an interview with the MTO and possible licence suspension; 15 or more points triggers a 30-day licence suspension. Novice drivers (G1, G2) face stricter thresholds — 4 points triggers a warning, 9 points triggers a suspension.
Insurance implications
Insurance consequences often outweigh the demerit point consequences themselves. Most convictions classified as "major" or "serious" by insurers — careless driving, stunt driving, failing to remain, racing — substantially increase premiums, sometimes for several years. Minor speeding convictions can affect premium less dramatically but still measurably. Drivers should consider insurance impact when deciding whether to fight a charge.
Strategies to avoid demerit points
Where the conviction itself can be avoided — through a withdrawal, a plea to a lesser charge that carries fewer points (or zero points, like "speeding less than 16 km/h over"), or a finding of not guilty — the demerit consequences are also avoided. Paralegals and lawyers regularly handle HTA matters with these resolutions in mind. Many minor traffic matters can be reduced through negotiation with the prosecutor before trial.
Related glossary terms
