Fight Your No Insurance Ticket In Ontario

If you have a no insurance ticket in Ontario, you have every reason to be concerned. The correct choice would be to consider fighting the ticket. Driving with no insurance is a big mistake. If you have been charged under the Compulsory Automobile Insurance Act (CAIA) for having no insurance, please allow OTD Legal the opportunity to help rectify this mistake.  In Ontario, vehicles are required to be insured by their owners before being driven. The traffic violation “Operate Motor Vehicle on Highway – No Insurance” falls under the Ontario Compulsory Automobile Insurance Act. Automobile insurance protects both the driver as well as anyone else impacted by their driving due to property damage, injury, or death. Not only could failing to have proper insurance result in devastating financial hardship should you be sued in the event of an accident, but it could also lead to being charged by the police and facing severe court penalties.

These four main insurance-related charges are generally referred to as:

• 2(1)(a) Owner Operate Motor Vehicle on Highway – No Insurance
• 2(1)(b) Permit Operate Motor Vehicle on Highway – No Insurance
• 2(3)(b) Produce False Proof of Insurance
• 3(1) Fail to Surrender Insurance Card

What Is “Operate Motor Vehicle on Highway – No Insurance?”

Operating a motor vehicle without insurance falls under section 2(1)(a) of the CAIA:

“2 (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,

• operate the motor vehicle; or
• cause or permit the motor vehicle to be operated,

on a highway unless the motor vehicle is insured under a contract of automobile insurance.”

Section 2(1)(a) alleges that the owner or lessee of the vehicle has driven without proper insurance coverage, whereas section 2(1)(b) alleges that the owner or lessee of the uninsured vehicle permitted the vehicle to be driven by another person.

Penalty For Conviction 

The penalties for contravening Section 2(1)(a) and Section 2(1)(b) of the Compulsory Automobile Insurance Act (CAIA) upon conviction a fine of not less than $5,000 and not more than $25,000 and on a subsequent conviction to a fine of not less than $10,000 and not more than $50,000 and, in addition, your driver’s license may be suspended for a period of not more than one year.

The fines listed are also subject to the mandatory 25% victim fine surcharge.  Many defendants are unaware of this and can be shocked to discover that their total-payable fine for a first offence actually falls between $6,250.00 and $31,250.00 (or $12,500.00 and $62,500.00 for a subsequent offence!).  Most Ontarians would be hard pressed to fit even the minimum total-payable fine into their monthly budgets, let alone anything above the minimum fine. With this offence on your driving record your insurance company will consider this to be a major offence and will double or triple your insurance rate. 

What is “Produce False Proof of Insurance?”

The owner of a non-insured vehicle can also be charged with providing false evidence of insurance to the police under CAIA S.2(3)(b): surrenders an insurance card for inspection to a police officer, when requested to do so, purporting to show that the motor vehicle is insured under a contract of automobile insurance when the motor vehicle is not so insured.

Penalty For Conviction 

The penalties for contravening Section 2(3)(b) of the Compulsory Automobile Insurance Act (CAIA) upon conviction a fine of not less than $5,000 and not more than $25,000 and on a subsequent conviction to a fine of not less than $10,000 and not more than $50,000 and, in addition, your driver’s license may be suspended for a period of not more than one year. “

Much like the earlier section of the CAIA dealing with driving an uninsured vehicle, you would face the following fines if convicted at court due to the victim fine surcharge;

First offence:  $6,250.00 to $31,250.00

Second offence:  $12,500.00 to $62,500.00

What is “Fail to Surrender Insurance Card?”

If the driver of a motor vehicle simply does not provide their proof of insurance to the police when requested to do so, they may be charged under CAIA s.3(1): “3 (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,

1. an insurance card for the motor vehicle; or
2. an insurance card evidencing that the operator is insured under a contract of automobile insurance,

and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. C.25, s. 3 (1).” 

Penalty For Conviction 

The penalties for contravening Section 3(1) of the Compulsory Automobile Insurance Act are a fine of $65.00 and a record of conviction being entered into your driving history that would be visible for a period of 3 years to third parties such as an employer or insurer.