Where is a No Insurance charge found in Ontario legislation?
This charge falls under the Compulsory Automobile Insurance Act, or CAIA(2)(1). This act governs drivers in Ontario to have a valid insurance policy on their vehicles.
Under the Compulsory Automobile Insurance Act, the owner of a motor vehicle is responsible for insuring that the vehicle is covered with liability insurance before the vehicle is driven on the roadway.
Even if the owner of the vehicle is not driving, they can be charged with “permitting the operation of a motor vehicle without insurance”.
What are the penalties for a No Insurance ticket in Ontario?- Fine of $5,000 to $25,000 for first-time offence
- Fine of $10,000 to $50,000 for a subsequent offence
- Add a 25% court-imposed victim surcharge fee on top of any of the above fines
- Your drivers license could be suspended for as long as one year (in rare circumstances)
- Your car could be impounded for up to three months, and you would be responsible for the storage fees (rare circumstances)
- Possible difficulty in getting a valid insurance policy in Ontario
Why is the fine so high?
The high fine is directly related to the legal notion of “general” and “specific” deterrence. The law was written to punish offenders with a high enough fine that the “general” public will understand that if they don’t get insured, they will pay a financial price in Provincial Offences court. Also, the law is designed to make sure the individual (specific deterrence) understands that they are being punished for not having a policy while driving a car that can have potential liabilities on the road, and therefore, must be insured.
I thought I was innocent until proven guilty?
Under traffic law, driving without insurance is considered a “Reverse Onus Charge” meaning:
- the driver has to prove that they have insurance,
- not that the police officer has to prove you don’t
So what can I do?
Get a free consultation from a Law firm that specializes in No Insurance charges. Consultations are free, so the cost of speaking to a licensed legal representative could save you $1,000s of dollars.