How to Reinstate a Suspended Drivers License

Reinstating your licence for Unpaid Fines

If your licence has been suspended for unpaid fines it’s the result of a traffic ticket that has not been paid. Drivers licences are never suspended for parking tickets.

Licence suspensions occur when a police officer has stopped the driver and given them a traffic ticket.  The traffic ticket has instructions on the back of the ticket detailing the options for dealing with it.

It is the drivers responsibility to deal with the ticket, the police nor the courts are obligated to advise the driver.

• If you do nothing with the ticket after forty-five (45) days the court will conviction the driver of the offence
• If you fought the ticket and a penalty was issued the justice gives the driver 15 days to 6 months or more to pay the fine.

Where the fine goes unpaid, the court notifies the Ministry of Transportation to suspend the drivers right to drive until the fine is paid.

To reinstate the licence the fine can be paid at any traffic court in Ontario.  The court will advise the driver that it will take up to four (4) days for the licence to be re-instated.

The driver must then attend in person at any Service Canada office and pay a reinstatement fee.

The ministry will give the driver a licence reinstatement notice.  Should you drive from that point on note that the police computers may still show that the licence is suspended, make sure you have the fine payment and re-instatement notice with you at all times while driving.

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Payment Plans for Unpaid Fines

Where your licence has been suspended for a large fine and you cannot pay the amount, you may apply to go on a payment plan with the court.

To set up a payment plan you must:

• complete a motion to extend the time to pay a fine
• make a down payment towards the fine (not mandatory but recommended), or
• show the court where you have been making payments on the fine (not mandatory but recommended)
• explain why you are unable to pay the fine in one payment

Once the application/motion has been prepared it must be submitted at the original court where the fine was issued.  Upon receiving the application a Justice of the Peace reviews the application and approves or denies it.

Where the motion is granted the court will extend the time to pay and notify the Ministry of Transport to remove the suspension.

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Hiring a Paralegal

Where your licence has been suspended for unpaid fines you may hire a paralegal to advise, complete and submit your motion to the court.

Contact the office in your area for immediate assistance.

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Disputing a Conviction

Where a driver has been convicted due to no fault of their own and the licence has been suspended they may apply to the court to reopen the case.

To apply for a reopening the driver must:

• complete an affidavit with the court explaining why the were wrongly convicted
• swear to the affidavit with a commissioner of oaths, and
• submit a Notice of Intention to Appear to the court

Reopening applications must be submitted to the court within twenty (20) days of learning of the conviction.

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Licence Suspensions for Demerit Points

Where a drivers licence has been suspended for the accumulation of demerit points, the licence will be suspended depending upon:

• the class of licence
• is it a first accumulation or,
• a subsequent accumulation

Demerit point stay on a driving record for:

• two (2) years from the date of the offence,
• not the date of conviction or
• not date the ticket was paid.

Once a conviction has been registered demerit points cannot be removed.  Demerit points are added or accumulated for traffic tickets and are only removed with the passage of time.

The only time demerit points can be removed is if the conviction has been removed as a result of:

• the ticket has been reopened
• the ticket is being appealed

Where the licence has been suspended and you would like to know if you qualify for an appeal or reopening contact our offices.

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Driver Licence Interviews

Where a Class G driver receives nine (9) or more demerit points, the ministry may require the person to attend an interview before a Ministry official.

The driver will be required to provide information to show cause why their drivers licence should not be suspended. The Ministry may suspend the licence:

• if the person fails to attend the required interview
• if the person fails to comply with the Ministry’s requirements as a result fo the interview, or
• if, in the Ministry’s opinion, the person has not shown cause at the interview why the licence should not be suspended

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Accumulation of 15 or more Demerit Points

Where a Class G driver accumulates fifteen (15) or more demerit points the licence shall be suspended:

• for a first offence – thirty (30) days
• for a subsequent offence – six (6) months

Any demerit point suspension starts the day the licence is submitted (handed into) the Ministry,

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Novice Drivers

Novice drivers, drivers with a G1 or G2 drivers licence receive are not allowed to:

• accumulate up to six (6) demerit points, or
• obtain any one traffic ticket with four (4) or more demerit points

Upon reaching one of these thresholds the Ministry of Transport (MTO) will suspend the drivers licence for:

• thirty (30) days for a first offence
• ninety (90) days  for any subsequent offence
• upon a third conviction, cancel the licence

Licence suspensions for demerit points start the day the licence is received by the ministry.

The only time demerit points can be removed is if the conviction has been removed as a result of:

• the ticket has been reopened
• the ticket is being appealed

Novice drivers where convicted without having a trial or where the ticket was inadvertently paid consider appealing or reopening the case, as any conviction or suspension will dramatically affect insurance rates for three (3) years or more.

Contact our offices for more information

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Novice Driver Licence Suspensions

Novice drivers, G1 G2, M1 and M2 drivers are suspended for any of violation of the novice driver regulations.

Upon conviction the Ministry shall suspend the drivers licence:

• first offence for thirty (30) days
• second offence for ninety (90) days
• third offence – the licence shall be canceled

Once a conviction has been registered the suspension can only be removed where the conviction is removed either through a reopening or the conviction is appealed.

Novice drivers who first receive a traffic ticket and then a licence suspension will see dramatic increases in insurance rates for three (3) to five (5) years.

Some insurance company may even refuse to insure the driver or they will be considered “High Risk Drivers”.

Where your novice licence has been suspended, contact our offices to see if you qualify to reopen or appeal your ticket.

Medical Driver Licence Suspensions

Where the Ministry of Transportation receives a medical report regarding your ability to operate a motor vehicle from:

• a physician,
• nurse practitioner,
• occupational therapist or optometrist, or
• police officer,

The ministry staff will match the name, address, date of birth and licence number to your driving record. The ministry then reviews each case individually and evaluates the medical information on the report against:

• medical standards found in Regulation 340/94 of the Highway Traffic Act
• national medical standards

This review will determine whether the driver is medically fit to drive. The review process may take up to thirty (30) business days.

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Licence suspension

If the medical report confirms that the driver does not meet national medical standards, the licence will be suspended.

Medical suspensions never expire, they remain in force until the driver has been examined by a medical professional and deemed fit to drive.

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Reinstating a licence

The licence will be considered for reinstatement when the ministry has received and reviewed the appropriate medical information.

The driver must visit their medical practitioner and have them examine and deem them fit to drive. The medical practitioner must prepare and submit documentary evidence to the ministry stating:

• their authority and that they have examined the driver,
• the issues that were reported to the ministry and
• that the medical professional believes that the driver is medically fit to drive.

The ministry processes medical reports on a first come, first served basis. Cases are reviewed within 30 business days.

More time may be required if more information has been requested. You will receive a letter advising you of the outcome of the review.

Your licence will be reinstated if:

• your report indicates that you meet the medical standards to drive
• there are no other outstanding suspensions or requirements on your driving record
• You will receive a reinstatement notice in the mail.

Where the driver disagrees with the Ministry or doctor’s assessment, or the matter is languishing, an appeal maybe filed through OTT Legal.

Contact our offices to discuss a medical licence appeal at the Licence Appeal Board.

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Other outcomes

Depending on the nature of the condition, the ministry may:

• take no action, if your condition is deemed to be temporary or minor
• continue to monitor your condition
• downgrade your commercial licence (if applicable)
• ask you to take a new written, vision and road test at a DriveTest centre
• ask you to take a functional assessment at an approved assessment centre
• ask you to file additional medical information before a decision is made

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Additional medical information

If you need to provide more medical information, you will receive a letter outlining:

• the information needed
• a specific timeframe to submit the information to the ministry

The ministry will review your information to determine whether you meet the required medical standards to drive.

If the ministry doesn’t receive your information by the due date, you will receive either:

• a suspension notice, or
• under certain circumstances, in the case of a commercial licence, a new licence in a lower class

The suspension or downgrade of your licence will be reconsidered when the ministry receives your medical information.

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Results

Once your information has been reviewed, the ministry will inform you of the outcome by mail.
If you meet the medical standards, your licence will be reinstated, as long as there are no other outstanding suspensions or requirements.

If your licence is suspended for medical reasons, you will be able to appeal the decision to the Licence Appeal Tribunal.

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Functional assessments

A functional assessment (also known as a driving evaluation) includes a full medical assessment and an on-road evaluation. It is conducted by an occupational therapist and a qualified driving instructor.

You may need to undergo a functional assessment:

• if you are reported as being medically unfit to drive due to a neurological condition,
• physical disability or cognitive impairment
• as part of an application for a Class G vision waiver

Where a functional assessment is required the ministry will send you a list of approved assessment centre.

If the assessment indicates that you need remedial lessons:

• a report will be sent to the ministry
• you will be issued a temporary licence (for the purpose of lessons only),
• as long as there are no outstanding suspensions or requirements on file

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Medical Advisory Committee

The Medical Advisory Committee is a panel of expert medical advisors including physicians in the fields of cardiology, psychiatry, endocrinology, ophthalmology, internal medicine, rehabilitation medicine, geriatric medicine and addiction medicine.

These medical experts are contracted by the ministry to review complex cases and provide an expert opinion.

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Appeal process

You have the opportunity to appeal a medical suspension (excluding vision) or medical downgrade from a commercial class licence.

The Licence Appeal Tribunal can confirm, modify or set aside the decision.

The Tribunal’s decisions in medical cases can be appealed to the Superior Court of Justice within 30 days from the date the decisions are released.

Your licence will remain suspended or downgraded until the appeal is heard. The fee for the appeal is $100 and is payable to the Licence Appeal Tribunal.

The ministry will send you:

• a letter telling you what type of medical information is needed to have your licence considered for reinstatement
• a formal Notice of Suspension

Family Responsibility Licence Suspensions

If you fall behind in your support payments or are not making family support payments the Family Responsibility Office (FRO) has the legal authority and responsibility to suspend your driver’s licence.

The Family Responsibility office will send you a notice to tell you your driver’s licence is at risk of being suspended.

You will be given a deadline to do one of three things to avoid the suspension:

1. immediately pay all the arrears owing
2. enter into a voluntary arrears payment plan with FRO
3. ask the court for a refraining order.

A refraining order is a court order that prevents the Family Responsibility office from suspending your driver’s licence for a temporary period.

You cannot get a refraining order after the deadline provided in the First Notice.

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Reinstating a Suspended licence

The drivers licence will be reinstated when the driver pays the amount owning or enters into a payment plan.

If you do not meet the terms of your payment plan, the office can take other enforcement actions including:

• garnishing bank accounts
• garnishing money you may be entitled to receive from the Government of Canada (for example, income tax refunds, employment insurance benefits, Canada Pension Plan benefits, and Old Age Security benefits)
• reporting you to the credit bureau
• suspending your driver’s licence
• suspending your Canadian passport or other federal licences (including a pilot’s licence, as well as maritime and navigational licences and certificates)
• placing a lien on your personal property
• issuing a writ of seizure and sale for property you own
• reporting you to your professional or occupational organization(s)
• seizing your lottery winnings, and
• starting a Default Hearing, which could result in up to 180 days of jail time.

The quickest way of reinstating a drivers licence is to either pay the amount(s) owing or to enter into a payment plan.

There is an appeal process to which drivers are recommended to contact a lawyer should they which to pursue this course of action.

Motor Vehicle Accident Claims Act Suspensions

Where a driver is involved in a motor vehicle collision and the at fault driver does not have insurance, the complainant (other driver or their insurance company) may make a claim under the Motor Vehicle Claims Act for compensation for injuries or property damage.

If you were the owner and/or driver of an uninsured vehicle involved in an accident where someone was injured or property was damaged:

• you must repay the Fund the amount the other person in the accident received
• your driver’s licence will be suspended until you have fully repaid the Fund or a repayment schedule is established

If you fail to repay the Fund:

• your property may be seized and sold
• your wages may be withheld
• you may be required to attend a hearing (judgment examination)

In some exceptional circumstances, the Fund may agree to enter into a settlement for payment of the entire outstanding debt if continued payments would cause undue hardship.

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How to repay the Fund

You can repay the Motor Vehicle Accident Claims Fund in two ways.

• by certified cheque, bank draft or money order, payable to the Minister of Finance
• in person by cash, debit or credit card (Visa, Mastercard, American Express) at:
• Motor Vehicle Accident Claims Fund
  Ministry of Government and Consumer Services
  5160 Yonge Street
  Suite 805
  Toronto, ON M2N 6L9

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Payment Plans

If you cannot to repay the Fund in full, you can establish an agreement to pay it back in monthly payments.

In a payment agreement:

• the minimum monthly payment is 10% of your gross monthly earnings (a collections officer will establish the exact amount in consultation with you)
• your first repayment must be made to the Fund before your driver’s licence can be reinstated
• you will receive a statement 15 days before each subsequent repayment is due, similar to credit card or utility bills
• you will not be charged interest

To apply for a payment agreement:

• submit a(n):
  • Application for Restoration of Driver’s Licence
  • Notice of Collection of Personal Information
  • proof of income and expenses (for example, pay stubs, tax return and receipts)
• if you own a vehicle, have your insurance company submit either a:
  • Financial Responsibility Certificate (Form F5) for proof of insurance
  • F7 form if the policy is cancelled

For more information on collections, contact:

Manager, Enforcement and Administration
Motor Vehicle Accident Claims Fund
Ministry of Government and Consumer Services
5160 Yonge Street
Suite 805, Box 28
Toronto, Ontario  M2N 6L9
Tel: 416-250-1422
Toll-free: 1-800-268-7188
Fax: 416-590-7076
E-mail: mvacf@ontario.ca

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Reinstating your driver’s licence

Once the office receives and approves:

• all the required documentation,
• the first repayment,
• the driver’s licence will be reinstated within approximately 2-5 business days.

Where the police have charged the driver for stunt driving the police will immediately suspend the drivers licence for seven (7) days, as well as seize the vehicle.

There is no mechanism to appeal or challenge this suspension, except where the driver has been impersonated.

The police are required to give the driver notice of the suspension.  Once the seven (7) days have past the driver must:

• attend at any Service Ontario office in person
• reinstate the licence

Once the driver has reinstated their licence and the seven (7) days have past, they may drive until the court date.

Upon Conviction

Drivers charged with Stunt Driving are liable upon conviction to a:

• fine not less than $2,000
• jail for not more than six (6) months
• first offence licence suspension up to six (6) months
• second offence licence suspension up to ten (10) years

Suspensions for stunt driving are court ordered suspensions, meaning that the judge decides and orders the amount of time for the suspension.  The suspension can only be reduced or dropped once convicted by filing an appeal of the judge’s decision, which may or may not have merit.

This suspension goes on the drivers abstract and is available for all insurance companies to review and base insurance rates on.

Once the suspension is finished the driver must attend at any Service Ontario location and pay a reinstatement fee and the licence will be reinstated.

Where a driver is charged with speeding more than 50km/h the police will issue the driver a summons, commanding them to appear in court.

Upon conviction a judge may suspended the drivers licence:

• first offence thirty (30) days
• second offence for sixty (60) days
• third offence for one (1) year

Once a suspension has been ordered the suspension can only be removed by way of appeal.

Once completed the driver must attend at Service Ontario and pay a reinstatement fee.

Criminal licence suspensions fall under two categories;

• Mandatory Criminal Licence Suspensions, and
• Court Ordered Licence Suspensions

Mandatory criminal licence suspensions are driver licence suspensions that are dictated by the Criminal Code of Canada and:

• are not disputable
• the judge or court has no control over the suspension
• there is no appeal or dispute process
• if caught the driver would face jail

Court ordered suspensions are additional suspensions ordered by a judge.

The judge has discretion as to whether to apply the suspension but the licence suspension is in addition to any mandatory suspension of the licence.

Once a court ordered suspension has been ordered the suspension can only be removed by a criminal appeal.

Drive Disqualified

Drive disqualified is a criminal code suspension.  The suspension is a result of a criminal charge where a judge ordered the driver not to drive or operate a motor vehicle.

The suspension unlike a Highway Traffic Act suspension applies across Canada.  The driver cannot operate a motor vehicle as defined under the Criminal Code of Canada which includes:

• means a vehicle that is drawn,
• propelled or driven by any means other than muscular power,
• but does not include railway equipment;

This definition includes construction equipment, tractors and any vehicle that is vehicle that is driven by an engine.

The suspension applies anywhere in Canada including private property.

For example; if you where convicted of a criminal charge and received a criminal licence suspension you cannot even drive a riding lawn mower to cut your grass.  Should you work on a construction site, you cannot operate any of the machinery that is propelled by an engine.

Vehicles Seized for Drive Disqualified