Distracted Driving Laws In Canada

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Driving without distractions is important for not only your safety but the safety of those around you. According to the CAA, distracted drivers are eight times more likely to be involved in a crash or near-crash incident. Moreover, safe driving can prevent you from getting fines, demerit points and potential driving license suspensions.

Distracted driving fines can be hefty, leading to a significant financial burden. Understanding the distracted driving laws in Canada can help make you a better driver and protect your finances from avoidable penalties.

What Are Distracted Driving Laws In Canada?

Distracted driving generally refers to any activity that distracts a driver’s attention away from the primary task of operating a vehicle.

Distracted driving laws in Canada are designed to prevent drivers from engaging in behaviours that take their focus away from the road. Alongside speed and impairment, distractions are one of the biggest contributing factors to road accidents in Canada.

To combat this and help prevent road accidents, Canadian provinces and territories have strict laws prohibiting certain behaviours, and these laws can vary slightly depending on location.

That said, things like using a handheld device, eating or drinking, grooming or reading are some examples of activities that can qualify as distracted driving throughout Canada.

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Do Distracted Driving Laws Vary By Province?

Yes, distracted driving laws do vary by province. Let’s take a look at what counts and what doesn’t count as distracted driving in some of Canada’s biggest provinces.

Distracted Driving Laws In Ontario

In Ontario, distracted driving laws apply primarily to the use of handheld communication or entertainment devices, as well as to certain display screens more generally.

Even if you’re stopped at a red light, Ontario’s distracted driving laws prohibits you from the use of a phone or any handheld wireless device for texting or dialing. The only exception to this is if you need to call 911 in an emergency.

Using other handheld devices, such as tablets or portable gaming devices, also falls under distracted driving, as does manually programming a GPS device.

That said, you are allowed to use hands-free wireless communication devices, such as an earpiece, clip-on microphone, or Bluetooth, and it’s also fine to view a GPS screen once it’s built into or securely mounted to your dashboard

While other activities such as grooming, reading, eating and drinking don’t count as distracted driving in Ontario, these behaviours could fall under careless or dangerous driving instead.

Distracted Driving Laws In Alberta

In Alberta, the laws against distracted driving are more expansive compared to Ontario. First of all, the use of handheld cell phones, as well as other electronic devices including laptops, video games and cameras, are all restricted under Alberta’s distracted driving laws.

That also includes entering information on a GPS device, although there is no specification here as to whether you’re allowed to program a GPS device by voice command, as in Ontario.

Other activities that fall under distracted driving in Alberta include reading printed materials (i.e. any books, newspapers, pamphlets etc), writing, printing or sketching, as well as any personal grooming.

On the other hand, activities that are not considered distracted driving include smoking, eating, drinking beverages or using a cell phone in hands-free mode, as long as it is activated either by voice or a single touch.

In Alberta, you’re also permitted to make use of screens that display GPS (once it’s secured to or part of your dashboard and activated by voice or pre-programmed), as well as collision avoidance, passenger dispatch, and more.

Distracted Driving Laws In Quebec

In Quebec, distracted driving laws are similar to Ontario in being focused primarily on the use of handheld devices. You are not allowed to use a cell phone or any other handheld electronic device while driving unless it is a hands-free device.

Furthermore, drivers in Quebec are only allowed to use a display screen as long as it is securely attached to the vehicle and only displays relevant information such as GPS, fuel consumption, tire pressure, road and weather conditions, etc.

Exceptions to this are using a handheld cell phone to call 911, or using a portable device to show proof of payment, proof relating to in-vehicle pickup or proof that confirms right of access, without being parked.

So what doesn’t count as distracted driving in Quebec? Activities such as eating, drinking, grooming and reading don’t explicitly fall under Quebec’s distracted driving laws. However, as in Ontario, these behaviours could instead fall under dangerous or careless driving.

Distracted Driving Laws In British Columbia

In British Columbia distracted driving laws are somewhat less defined compared to other provinces, but it’s clear that the law prohibits the use of handheld electronic devices. Distracted driving in B.C. includes texting, having a phone call and personal grooming.

The major exception is, of course, making a 911 call, and drivers in B.C. can use a hands-free device as long as the device is operated by voice or a single touch, similar to Alberta legislation.

Any hands-free devices must also be secured to the dashboard or worn securely on the driver’s body, and installed so as not to obstruct the driver’s view of the front or sides of the vehicle.

Similar to rules in other provinces, B.C. drivers can use GPS navigation if it is pre-programmed before driving, or if it can be activated by voice. It must also be securely fixed to the vehicle,

Keep in mind that in B.C., Graduated Licensing Program (GLP) drivers are not permitted to use any electronic devices while driving, including hands-free.

Furthermore, activities like grooming, smoking, having a pet on your lap or even having a conversation with a passenger could be considered distracted driving, although some offences are easier to prove than others.

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What Are The Penalties For Distracted Driving In Canada?

Here’s a look at the penalties and potential consequences for suspension that are legislated for distracted driving convictions throughout Canada. Nunavut is the only province that has yet to legislate penalties for distracted driving, although there is the potential of a hefty fine nonetheless.

ON	$615 – $1,000 & 3 Demerits (first conviction)	3-day suspension
QC	$300 – $600 & 5 Demerits (first conviction)	3-day suspension
BC	$368 & 4 Demerits	Only with multiple infractions
AB	$300 & 3 Demerits	No
SK	$580 & 4 Demerits	Only with multiple infractions
MB	$672 & 5 Demerits	3-day suspension
NS	$233.95 & 4 Demerits	No
NB	$340.50 & 5 Demerits	No
NL	$300 – $1,300 & 4 Demerits	No
PEI	$575 – $1275 & 5 Demerits	No
YT	$500 & 3 Demerits	No
NT	$322 & 3 Demerits	Only with multiple infractions
NU	No regulation; fines up to $5,000	No

source:caa.ca

What if I can’t pay my fine?
If you can’t afford to pay your fine, you can’t opt for the Fine Option Program. It allows Canadians to avoid paying fines by doing supervised, unpaid volunteer work.

Can A Distracted Driving Offence Affect My Insurance Premiums?

The real cost of a distracted driving conviction isn’t the fine or even the potential license suspension, but the risk of increasing your insurance premium. Your premium can increase after just one distracted driving conviction, which could add up to a significant cost increase over time. Throughout Canada, insurance providers view distracted driving as a high-risk behaviour, and a fine or conviction will usually raise a driver’s risk profile. The result of that is higher premiums, which will vary based on factors both location and your insurer’s policies.

Additional Reading

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Does My Insurance Cover My Friend Driving My Car?

How To Get Your Driving Record In Ontario

Bottom Line

While distracted driving laws do vary among Canadian provinces, they all share a strict prohibition of the use of handheld devices, primarily cell phones, while driving.

Penalties, fines and suspensions all vary provincially, too, so it’s important to be aware of the distracted driving laws and consequences where you are, in order to stay safe on the road.

Distracted Driving FAQs

Am I allowed to use my phone while stopped at a red light?

Under Canada’s distracted driving laws, it is not okay to use your phone while stopped at a red light, unless you’re using a hands-free device that is voice or one-touch activated. In the eyes of the law, you are technically still in ‘active driving’ when stopped at a red light, so you still need your full focus and attention to be on the road. The only exception here is if you need to make a 911 emergency call, in which case you may use a handheld cell phone to dial.

Does eating while driving qualify as distracted driving?

In some provinces, eating while driving can qualify as distracted driving, although it’s more often categorized under “careless” or “dangerous driving“, rather than distracted driving. While using handheld devices is explicitly banned, activities like eating or drinking are discouraged because they take your attention away from the road. Police may issue fines if they have determined that eating has impacted a driver’s control of the vehicle.

Could I receive a ticket for adjusting the map or changing the music on my smartphone?

You could potentially land a ticket for adjusting a GPS map or changing the music on your smartphone while driving, but there is some nuance to consider. For example. In BC, if you’re not a fully qualified driver (GLP or ‘N’ drivers) then you are not permitted to use any electronic devices at all. In that case, activity such as changing the music on your phone is a clear no. However, you can legally adjust a GPS map if the device you’re using is securely fixed to your vehicle, and if you’re able to make the adjustment by voice-command. But if you’re having to physically touch your device, even if it’s mounted to the dash, that’s a no-go for distracted driving laws throughout the country.

Can my pet sit on my lap or the passenger seat?

Letting a pet sit on your lap is discouraged under distracted driving laws, although in most provinces there may be little precedent of a conviction for this kind of infringement. You could potentially receive a fine if a police officer stops you on suspicion of distracted driving if you’ve got a pet either on your lap or in the passenger seat. If you do have to travel with your pet up front, the safest course of action is to ensure that they are in a pet carrier or harness, to avoid any potential distractions.

Is it legal to wear headphones while driving in Canada?

In Canada, wearing headphones while driving is generally discouraged. In some provinces, the use of headphones is partially restricted, i.e. you can only use one side at a time. While not explicitly banned nationwide, using both earbuds or noise-cancelling headphones can be seen as distracted driving, as that can prevent a driver from having full awareness of emergency signals or surrounding traffic. To ensure your safety, as well as the safety of your passengers and other road users, it’s generally a good idea to wear only one headphone at most while driving, if you can’t use a hands-free setup. There are some exceptions to this, for example for those riding motorbikes, but you can check the rules in your province to be sure.

Is it legal to mount a phone on the dashboard in Ontario?

Yes, it is legal to mount a phone on the dashboard in Ontario, once the mount is secure and doesn’t obstruct your view of the road (including your mirrors). Ontario’s distracted driving laws are strict, but they do allow for hands-free use, so you can view a GPS or make calls through a securely mounted device. Just make sure it stays hands-free and that you don’t have to physically handle the device while you’re driving.