What counts as distracted driving

Ontario’s distracted driving laws apply to the use of hand-held communication/entertainment devices and certain display screens.

While you are driving, including when you are stopped in traffic or at a red light, it is illegal to:

  • use a phone or other hand-held wireless communication device to text or dial – you can only touch a device to call ambulance, police or fire department emergency services
  • use a hand-held electronic entertainment device, such as a tablet or portable gaming console
  • have a display screen visible to the driver that is unrelated to driving, such as a computer or video
  • program a GPS on a cell phone or hand-held communication device, except by voice commands

You are allowed to use hands-free wireless communications devices with an earpiece, lapel button or Bluetooth.

Other actions such as eating, drinking, grooming, smoking, reading and reaching for objects are not part of Ontario’s distracted driving law. However, you can still be charged with careless or dangerous driving.

Distracted driving statistics

In Ontario, one person is killed or injured in a distracted driving collision every hour.

Ontario’s motor vehicle collision data indicate that:

  • Over 30,000 collisions involved distracted or inattentive drivers in 2022.
  • These collisions resulted in nearly 11,000 injuries and 100 fatalities.

Penalties for distracted driving

The easiest way to avoid penalties for distracted driving is to not use a hand-held device when you’re behind the wheel.

It’s against the law to use hand-held communication (e.g. your phone) and electronic entertainment devices (e.g. DVD player, e-reader) while driving.

In fact, simply holding a phone or other device while driving is against the law.

You can use:

  • a hands-free device (e.g. Bluetooth) but only to turn it on and off
  • a mounted device (e.g. phone, GPS) as long as it is secure, and only to touch/press a button on your phone to make, answer or end a call.

If convicted, the penalty you face depends on the kind of licence you hold and how long you’ve been driving.

Drivers with A to G licences

If you have an A, B, C, D, E, F, G and/or M licence, you’ll face these penalties when convicted of distracted driving:

  • First conviction:
    • a fine of $615, if settled out of court (includes a victim surcharge and the court fee)
    • a fine of up to $1,000 if a summons is received or if you fight the ticket in court and lose
    • three demerit points
    • 3-day suspension
  • Second conviction
    • a fine of $615, if settled out of court (includes a victim surcharge and the court fee)
    • a fine of up to $2,000 if a summons is received or if you fight the ticket in court and lose
    • six demerit points
    • 7-day suspension
  • Third and any further conviction(s)
    • a fine of $615, if settled out of court (includes a victim surcharge and the court fee)
    • a fine of up to $3,000 if a summons is received or if you fight the ticket in court and lose
    • six demerit points
    • 30-day suspension

You’ll also have to pay a licence reinstatement fee every time your licence is suspended.

Novice drivers

If you hold a G1, G2, M1 or M2 licence, and are convicted of distracted driving, you’ll face the same fines as drivers with A to G licences. But you won’t receive any demerit points.

Instead of demerit points you’ll face longer suspensions:

  • a 30-day licence suspension for a first conviction
  • a 90-day licence suspension for a second conviction
  • cancellation of your licence and removal from the Graduated Licensing System (GLS) for a third conviction
    • to get your licence back you’d have to redo the GLS program

Careless driving

You could face more charges – for careless driving – if you endanger other people because of any kind of distraction. This includes distraction caused by both hand-held (e.g., phone) or hands-free (e.g., Bluetooth) devices.

If convicted of careless driving, you may receive:

  • six demerit points
  • fines up to $2,000 and/or
  • a jail term of six months
  • a licence suspension of up to two years

You could even be charged with dangerous driving – a criminal offence that carries heavier penalties, including jail terms of up to 10 years for causing bodily harm or up to 14 years for causing death.

Tips to avoid distracted driving

Distracted driving laws apply to both driving and while stopped in traffic or at a red light.

Use any of these tips to avoid distracted driving and its penalties:

  • activate your phone’s “driving mode” or consider using apps that block notifications
  • use built-in hands-free options such as voice commands or voice-to-text
  • set your route and playlist before leaving
  • if you have a passenger, ask them to handle calls or texts for you
  • if you need to use your phone, pull over and park the vehicle safely before using your device
  • turn off your phone or switch it to silent mode to eliminate the urge to check it
  • securely mount your cellphone

Calling 911

In an emergency, you can use your phone to call 911, but be sure to pull off the road to a safe area to make the call.