i.
What the charge means
Section 2(1) of the Compulsory Automobile Insurance Act prohibits operating or permitting the operation of a motor vehicle on a highway unless it is insured under a motor vehicle liability policy.
Compulsory Automobile Insurance Act s.2(1)
No Insurance charges in Ontario.
Operating a motor vehicle without valid insurance is one of Ontario's most heavily-penalised driving offences — fines start at $5,000 and the long-term insurance consequences often exceed the fine itself.
- Charge
- Compulsory Automobile Insurance Act s.2(1)
- Jurisdiction
- All of Ontario
- Consultation
- Free & Confidential
ii.
Penalties
First offence: minimum $5,000 fine, maximum $25,000, plus a 25% victim fine surcharge. Subsequent offences: $10,000 to $50,000. Possible licence suspension up to one year and vehicle impoundment up to three months. After conviction, obtaining insurance often requires the Facility Association at high-risk premiums for several years.
iii.
Available defences
- Valid insurance was in effect at the time (proof of coverage)
- Honest but mistaken belief in coverage (e.g., a renewal lapse)
- Identification of the driver
- Charter — unlawful stop or detention
- Due diligence in maintaining coverage
iv.
The process
Provincial Offences Court. Given the severity, almost always benefits from professional representation. Crown is often willing to reduce or withdraw where proof of coverage at the time can be located, even after the fact.
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