Ontario’s distracted-driving guide focuses on hand-held communication and entertainment devices, certain display screens, traffic and red lights, hands-free and mounted use, and penalties that vary by licence type. To separate the device offence from other unsafe conduct, our content team reviewed Ontario’s Highway Traffic Act, Ontario Regulation 366/09 and the Criminal Code dangerous-operation provision.
The guide explains what qualifies as distracted driving and which device use may be allowed.
What Qualifies As Distracted Driving?
Holding or using a hand-held cell phone is illegal in Ontario. This includes all hand-held communication and prescribed entertainment devices while driving.
This law also prohibits using any display screen when it is unrelated to driving.
The device law applies when your vehicle is in motion, including when you’re stopped in traffic or at a red light.
| Action | How Ontario treats it | What to do instead |
|---|---|---|
| Holding a phone, even without typing | Prohibited by the hand-held-device rule | Put it away before the vehicle enters traffic |
| Texting or dialling on a hand-held phone | Prohibited | Park safely before using the phone |
| Programming a phone GPS by hand | Prohibited while driving | Program the route before moving, or use permitted voice commands |
| Watching a video or unrelated display | Prohibited when visible to the driver | Keep non-driving content out of the driver’s view |
| Touching a securely mounted phone once to make, answer or end a call | Ontario permits this limited button press | Do not scroll, type or clear notifications |
| Calling ambulance, police or fire in an emergency | The law has an emergency-call exception | Pull over safely first when circumstances allow |
Which Device Uses May Be Allowed?
Eating, drinking, applying make-up or shaving, smoking, listening to a podcast, reading, reaching for an item: These behaviours are not, by themselves, hand-held-device offences. But that doesn’t make them safe. If you’re doing any of them and it leads to a situation where police feel you weren’t operating your vehicle with due care or endangered another person, they may consider laying careless driving charges under Ontario’s Highway Traffic Act. Dangerous operation is a Criminal Code offence that applies when a conveyance is operated in a manner dangerous to the public, having regard to all the circumstances. Impaired driving is a separate legal issue.
Calling Emergency Services
You may use a hand-held device to call an ambulance, police, or fire services in an emergency.
Ontario recommends pulling off the road to a safe location to make the call. You may not stop on the shoulder of a 400-series highway to make a non-emergency call.
Reporting Erratic Drivers
If you have a passenger, ask them to make the report. Otherwise, pull over in a safe location.
Don’t:
- chase after the driver
- take photos
- type out a message
It’s okay to collect details about the vehicle, licence plate, and direction of travel, but only if it doesn’t pose a hazard.
Using Hands-Free Devices
Ontario permits hands-free wireless communication through Bluetooth, an earpiece or a lapel button.
Voice control does not excuse unsafe driving or prevent a careless-driving charge. For instance, just because you have a cell phone mounted doesn’t mean you can operate it like a tablet.
Read More: See the Canadian Rules for Driving With Headphones
Distracted Driving Penalties
| Conviction | A-to-G and M licences | G1, G2, M1 and M2 licences |
|---|---|---|
| First | $615 settled amount; up to $1,000 in court; 3 points; 3-day suspension | Same fine structure; no points; 30-day suspension |
| Second | $615 settled amount; up to $2,000 in court; 6 points; 7-day suspension | Same fine structure; no points; 90-day suspension |
| Third and later | $615 settled amount; up to $3,000 in court; 6 points; 30-day suspension | The fine structure is the same; the licence is cancelled and the driver is removed from graduated licensing |
A licence reinstatement fee applies after each suspension. If this is a novice driver’s third conviction, they must also restart graduated licensing from the beginning.
Penalties for careless driving, which puts others in jeopardy, include six demerit points and a fine of up to $2,000. There may also be up to six months in jail, a licence suspension of up to two years and other penalties. Dangerous operation is criminal and depends on the facts. If you’ve been ticketed, look up the section it’s under rather than automatically assuming it’s a distracted-driving offence and the above will apply.
Read More: Read About Texting-and-Driving Infractions by Age Group
How To Avoid Distracted Driving
Plan your route, program your GPS, adjust the radio and climate controls before putting your car in gear.
- Put your phone on Driving Mode. Store it out of reach.
- If you have a passenger, have them manage your text messages or update your route if necessary.
- If a task requires anything other than a permitted button press or voice command, pull over to a safe, legal parking area and perform the task.
- Stop driving if you’re distracted, tired, or emotionally upset. Get back on the road when you can focus completely on controlling your vehicle.
Read More: See How Driving Records Affect Ontario Car Insurance