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.
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 |
| 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.
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.
