Provincial Offences
What happens if you are caught driving without insurance in Ontario?
Last updated October 7, 2026.
An owner who drives an uninsured vehicle, or lets someone else drive it, faces a fine of $5,000 to $25,000 on a first conviction under Ontario's Compulsory Automobile Insurance Act. The court may also suspend the licence for up to a year and impound the vehicle for up to three months.
A later conviction raises the range to $10,000 to $50,000, and the minimums apply even when the insurance lapsed by mistake. Our page on help with provincial offences explains how a licensed paralegal in Hamilton can assist with charges under this Act, which are prosecuted under the Provincial Offences Act.
Which charges can you face?
The Compulsory Automobile Insurance Act creates several different offences. They are easy to confuse, but the penalties are very different.
| Offence | Who can be charged | Penalty |
|---|---|---|
| Operating, or causing or permitting the operation of, an uninsured vehicle on a highway (s. 2(1), (3)(a)) | The owner or lessee | First conviction: $5,000 to $25,000. Subsequent: $10,000 to $50,000. Licence suspension up to 1 year. Vehicle impound up to 3 months (s. 2(7)) |
| Surrendering an insurance card to police that shows the vehicle insured when it is not (s. 2(3)(b)) | The owner or lessee | Same as above |
| False statement certifying insurance when applying for, validating or transferring a vehicle permit (s. 13(11), penalty in s. 2(3)) | The person certifying | Same as above |
| Possessing, using, selling or producing a false or invalid insurance card or other false proof (s. 13.1) | Any person | First conviction: $10,000 to $50,000. Subsequent: $20,000 to $100,000 |
| Failing to have an insurance card in the vehicle or to surrender it for inspection (s. 3) | The operator (driver) | Up to $400 |
| Failing to disclose insurance particulars to another person involved in a collision (s. 4) | The operator (driver) | Up to $400 |
None of these offences appears in the demerit point table in Ontario Regulation 339/94, so they add no demerit points. The consequences come through fines, suspensions and, after a collision, repayment, as explained on our page about demerit points and suspensions.
How does a no-insurance charge work, step by step?
- The stop. An officer asks the driver for an insurance card. Section 3 requires the operator to have one in the vehicle and hand it over for reasonable inspection. Our article on your rights during a traffic stop in Ontario covers the stop itself.
- The check. If there is no card, or the policy appears cancelled or expired, the officer may charge the owner under section 2 and the driver under section 3. If the card looks false, a section 13.1 charge is possible.
- How the case is started. If a charge is started as a Part I ticket under the Provincial Offences Act, section 12(1) caps the fine at $1,000. The minimum fines in section 2(3) apply when the case proceeds under Part III, by summons and information. Our page on Part III summonses explains that route.
- Time limit. The prosecution can start a section 2 proceeding up to three years after the date of the alleged offence (s. 2(10)), much longer than the usual six months for provincial offences.
- Disclosure. The prosecution often relies on a statutory declaration from an officer or employee of the insurer saying whether the vehicle was insured on the date. Section 13.2 makes that declaration admissible as proof, in the absence of evidence to the contrary.
- Resolution or trial. The charge can be withdrawn, resolved by a plea to the charge or another offence, or go to trial. On conviction, the justice sets the fine and decides whether to suspend the licence or impound the vehicle.
If the stop happened in Hamilton, where the case is heard is set out on our Hamilton provincial offences court page.
What changes the answer?
Whether you own the vehicle
The main offence in section 2 is aimed at the owner or lessee, who either operates the vehicle or causes or permits someone else to operate it. A driver who does not own the car is mainly exposed under section 3 for failing to carry or produce an insurance card. An owner who lent the car can be charged even though someone else was driving.
Whether the policy was really cancelled
Once a policy has been in effect for more than 60 days, section 12 of the Act allows an insurer to end it only for listed reasons, such as non-payment of premium, false particulars of the vehicle, misrepresentation in the application, or a material change in risk. Whether and when the policy actually ended, and what notice was given, can matter a great deal. Ask your insurer for the cancellation paperwork.
An excluded driver
If the driver is named as an excluded driver on the policy, the vehicle is treated as uninsured while that person drives it, unless they are a named insured under another policy (s. 1(3)). An excluded driver must carry proof of their own other policy (s. 3(2)).
A forgotten card versus no insurance
If the vehicle was insured but the card was not in it, the offence that matches those facts is failing to have or surrender the card under section 3, with a maximum fine of $400. Proof that a policy was in force on the date can change the whole picture, so get it in writing from the insurer.
A false or borrowed card
Using a card you know or ought to know is false or invalid is a separate offence under section 13.1, with a minimum fine of $10,000 on a first conviction. This is the most serious of the insurance offences.
Earlier convictions
A subsequent conviction under section 2 doubles the range to $10,000 to $50,000.
A collision
If an uninsured vehicle is involved in a collision where someone is hurt or property is damaged, the Motor Vehicle Accident Claims Fund may pay the other person. The Fund says the owner or driver of the uninsured vehicle must then repay it, and their licence is suspended until they repay in full or set up a repayment schedule. Any driver involved in a collision also has duties to stay and report, covered on our page about failing to remain or report a collision.
What happens after a collision with no insurance?
The Ministry's page on the Motor Vehicle Accident Claims Fund describes it as the last resort for compensation when no insurance is available. It can pay up to Ontario's minimum liability limit of $200,000, including pre-judgment interest, per accident plus legal costs, and up to $10,000 per accident for property damage other than vehicles, with a $100 deductible.
For the uninsured owner or driver, the Fund's page says repayment can be made in full, or through a payment agreement set up with an enforcement and collections officer. Under an agreement, no interest is charged, but the first payment must be made before the licence can be reinstated. If the Fund is not repaid, the page says property may be seized and sold, wages may be withheld, and a judgment examination hearing may be required.
The people in the other vehicle may also sue the uninsured owner or driver directly. Our page on suing for vehicle damage in Small Claims Court explains that side of a collision.
A worked example
For example, imagine a Hamilton owner named Grace whose car insurance was cancelled for non-payment after a missed premium. She did not notice the cancellation letter. Three weeks later she is stopped at a routine check and cannot produce a valid card. The officer charges her as owner under section 2.
If Grace is convicted, the minimum fine is $5,000, and the justice may also suspend her licence for up to a year and order the car impounded for up to three months. A fine that size can be hard to pay in 15 days, and if it goes into default, her licence can be suspended under section 46 of the Highway Traffic Act until it is paid. Driving during that suspension would lead to a separate charge of driving while suspended.
Grace's first steps are to get the insurer's cancellation notice and payment history, put new insurance in place before driving again, and review the disclosure, including the insurer's declaration about the date coverage ended. What happens next depends on those records and the prosecutor's position.
Common mistakes people make
- Driving "just until the new policy starts." The offence is about whether the vehicle was insured at the time, and the minimum fine is the same.
- Letting someone else drive a car you have not insured. The owner who permits the driving is the person exposed to the section 2 fine.
- Using an old or altered insurance card. Producing a card for a cancelled policy can be charged under section 2(3)(b), and a false card under section 13.1, which is even more serious.
- Ignoring cancellation letters. Read anything from your insurer, especially about missed payments.
- Not getting proof of coverage when you were insured. If the policy was in force, a letter from the insurer showing the dates is the most important document you can have.
- Letting the fine go into default. Unpaid fines under this Act can lead to a licence suspension, as explained on our page about unpaid traffic fines.
What to do this week
- Do not drive the vehicle again until it is insured. Section 13 of the Act also bars applying to issue, validate (renew) or transfer the vehicle permit without insurance.
- Ask your insurer or broker, in writing, for the policy dates and any cancellation notice and payment history.
- Read your paperwork to see whether you have a Part I ticket or a Part III summons, and note every date.
- If the notice offers it, consider an early resolution meeting with the prosecutor; for a Part III summons, plan to attend or be represented on the first date.
- If there was a collision, keep the police report details and any letters from the Motor Vehicle Accident Claims Fund.
- Speak with a licensed paralegal before your first court date about the evidence and your options.
Frequently asked questions
Is driving without insurance a criminal offence?
No. It is a provincial offence under the Compulsory Automobile Insurance Act, prosecuted under the Provincial Offences Act. The fines are much larger than for most traffic tickets, but a conviction is not a Criminal Code conviction.
Can the fine be less than $5,000?
For a section 2 conviction in a Part III proceeding, $5,000 is the statutory minimum for a first conviction. If the case was started under Part I, section 12(1) of the Provincial Offences Act caps the fine at $1,000. A plea to a different offence, such as failing to produce a card under section 3, carries a maximum of $400, but whether that is available depends on the facts and the prosecutor.
Will I lose my licence?
The court may suspend your licence for up to one year on a section 2 conviction; it is not automatic. Separately, unpaid fines and unpaid Motor Vehicle Accident Claims Fund amounts can each lead to a suspension.
Does no insurance carry demerit points?
No. The offences under this Act are not listed in the table to Ontario Regulation 339/94.
Can I show a digital insurance card?
The Act defines an insurance card as a liability insurance card, a policy or certificate, or a document in a form approved by the Chief Executive Officer of the Financial Services Regulatory Authority. Whether a particular electronic version is accepted depends on what has been approved, so keep a printed copy in the vehicle if you are unsure.
How long does the prosecution have to charge me?
Three years from the date of the alleged offence for a section 2 or false-statement charge (s. 2(10)). That is much longer than the six-month default for most provincial offences.
Sources
- Compulsory Automobile Insurance Act, R.S.O. 1990, c. C.25, ss. 1 to 4, 12, 13, 13.1, 13.2 (Ontario e-Laws)
- Highway Traffic Act, R.S.O. 1990, c. H.8, s. 46 and Schedule (Ontario e-Laws)
- Provincial Offences Act, R.S.O. 1990, c. P.33, ss. 12, 66, 76 (Ontario e-Laws)
- O. Reg. 339/94, Demerit Point System (Ontario e-Laws)
- Motor Vehicle Accident Claims Fund (ontario.ca)
- Reinstate a suspended driver's licence (ontario.ca)
Need help with a provincial offence? Contact us today for legal support.
This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.