Demerit Point System for Drivers

If you are convicted of a traffic violation, demerit points will be applied to your driving record. If you receive the maximum number of demerit points, your license will be suspended for up to three months.  Demerit points on your driving record will negatively impact your cost for insurance coverage.

How many demerit points will be applied?

The number of demerit points for each conviction is based on the seriousness of the offence. For example, failing to yield the right of way is three demerit points; dangerous driving could result in 12 demerit points. Find the number of demerit points issued for each traffic violation in the table below.

What is the maximum number of demerit points allowed?

If you are an experienced driver holding a valid license more than two years and you accumulate 12 demerit points within a two-year period, your driver’s license will be suspended for three months. A newly licensed driver in the Graduated Driver Program will be suspended as follows:

  • Stage 1 (Beginners Permit): suspension for any violation carrying demerit points;
  • Stage 2 (First year license): one month suspension with six demerit points;
  • Stage 3 (Second year license): one month suspension with nine demerit points.

Please note: A seat belt, passenger restriction or use of a handheld communication device violation at any stage of the Graduated Driver Program will result in a suspension of driving privileges and  fines: 1st offence 30 days, 2nd and subsequent offence 90 days .

If my license is suspended, will my demerit points be cleared when it is reinstated?

Following suspension, you are placed on probation for one year. If you are convicted of any traffic offence while on probation you may receive an additional three-month suspension. In addition, you will be required to complete a Driver Improvement Course

Can I reduce the demerit points on my license?

With up to eleven demerit points accumulated on your driver record, you may be awarded three merit points and avoid a possible suspension by successfully completing a Canada Safety Council Defensive Driving Course. These merit points may be awarded only once every 24 months.

How will I know the level of demerit points on my driver record?

Once your driver record has accumulated demerit points, you will be notified as follows:

Experienced drivers

  • Warning: 6, 7 or 8 demerit points
  • Interview:  9, 10 or 11 points
  • Three-month suspension: 12 or more points

Graduated licensed drivers

  • Stage 2: Warning: 3,4, and 5 demerit points; suspension at 6 demerit points
  • Stage 3: Warning: 5,6,7, or 8 demerit points; suspension at 9 demerit points

Demerit points are assigned under the Criminal Code of Canada or the PEI Highway Traffic Act as follows: 

Offences Resulting in Demerit Points
Provisions Under Which Convicted Number of Demerit Points Description of Offences
Sections 219, 220, 221 and subsection 320.13(1) of the Criminal Code 12 Criminal negligence involving the use of a motor vehicle
Section 236 of the Criminal Code 12 Motor manslaughter
Subsection 320.13(2) of the Criminal Code 12 Failing to stop at scene of accident
Subsection 320.13(3) of the Criminal Code 12 Dangerous driving
Subsection 320.17 of the Criminal Code 12 Flight from peace officer
Subsections 320.13(2), 320.14(2), 320.15(2) and 320.16(2) of the Criminal Code 12

Operation of conveyance causing bodily harm, Accident resulting in bodily harm

Section 89(a) of the Highway Traffic Act 12 Defacing or altering driver's license
Section 89(b) of the Highway Traffic Act 12 Lending driver's license
Section 89(c) of the Highway Traffic Act 12 Person representing another's driver's license as the person's own
Section 89(e) of the Highway Traffic Act 12 Giving false information in driver's license application or to Registrar
Section 89(e.1) of the Highway Traffic Act 12 Failure to comply with ignition interlock condition imposed by Registrar on driver's license of person
Section 89(e.2) of the Highway Traffic Act 12 Failing to comply with a condition under clause 73(1.52)(a) to operate only a motor vehicle for which a restricted number plate has been issued under that section
Section 89(e.3) ot the Highway Traffic Act 12 Failing to comply with a condition under clause 73(1.52)(b) to display a restricted number plate on the motor vehicle for which the restricted number plate has been issued under that section
Section 89(e.4) of the Highway Traffic Act 12 Operates a motor vehicle having consumed alcohol in such a quantity that the concentration in the person's blood exceeds zero milligrams of alcohol in 100 millilitres of blood, in contravention of clause 73(1.52)(c)
Section 89(f) of the Highway Traffic Act 3 Failing to comply with restriction or condition, other than one respecting ignition interlock, imposed by Registrar on driver's license of person
Subsection 89.1(1) of the Highway Traffic Act 12 Operating a motor vehicle not equipped with required ignition interlock device
Clause 89.1(2)(a) of the Highway Traffic Act 12 Person soliciting breath sample from another person for the pupose of assisting the person to start a motor vehicle equipped with an ignition interlock device
Clause 89.1(2)(b) of the Highway Traffic Act 12 Person solilciting breath sample from another person for the purpose of assisting the person to keep a motor vehicle equipped with an ignition interlock device in motion
Clause 89.1(3)(a) of the Highway Traffic Act 12 Person knowingly assists a person to start a motor vehicle equipped with an ignition interlock device
Clause 89.1(3)(b) of the Highway Traffic Act 12 Person knowingly assists a person to keep a motor vehicle equipped with an ignition interlock device in motion
Subsection 89.1(4) of the Highway Traffic Act 12 Tampering with, interfering with or disabling an ignition interlock device installed in a motor vehicle
Subsection 89.1(5) of the Highway Traffic Act 12 Owner or person in possession or control of a motor vehicle not equipped with an ignition interlock device knowingly permits a person who is only permitted to operate a motor vehicle equipped with an ignition interlock device to operate the unequipped motor vehicle
Section 320.18 of the Criminal Code and section 271 of the Highway Traffic Act 6 Driving while registration or license under suspension or while disqualified
Section 176(1) of the Highway Traffic Act 5 Driving imprudently or without due care and attention or if disabled
Section 231(1)(a) of the Highway Traffic Act 9 Driving while racing with another motor vehicle
Section 231(1)(b) of the Highway Traffic Act 9 Driving a motor vehicle while performing a stunt
Section 291.1(1) of the Highway Traffic Act 5 Driving a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribbed device that is capable of receiving or transmitting telephone communications, electronic data, email or text messages
Section 155(1),(2) of the Highway Traffic Act 3 Improper passing
Section 155.1(1) of the Highway Traffic Act 3 Passing bicycle without leaving required distance
Sections 176(3)(b)(i) and 176(3.1)(b)(i) of the Highway Traffic Act 3 Driving - under 30 kilometres per hour over the posted maximum speed limit
Sections 176(3)(b)(ii) and (iii) and 176(3.1)(b)(ii) and (iii) of the Highway Traffic Act 6 Driving - 30 or more kilometres per hour but less than 60 kilometres over the posted maximum speed limit
Subclauses 176(3)(b)(iv) and 176(3.1)(b)(iv) of the Highway Traffic Act 9 Driving - 60 or more kilometres per hour over the posted maximum speed limit but less than 80 kilometres per hour
Subclauses 176(3)(b)(v) and 176(3.1)(b)(v) of the Highway Traffic Act 12 Driving - 80 or more kilometres per hour over the posted maximum speed limit
Sections 185, 186, 187, 188 and 190 of the Highway Traffic Act 3 Failing to yield the right of way
Section 202(1) of the Highway Traffic Act 12 Failing to stop for a school bus when the flashing red lights are displayed on the school bus
Section 232(3) of the Highway Traffic Act 3 Failing to report an accident
Clause 261(1.3)(a) of the Highway Traffic Act 12 Holder of restricted license operating a motor vehicle not equipped with required ignition interlock device
Clause 261(1.3)(b) of the Highway Traffic Act 12 Holder of restricted license operating a motor vehicle contrary to the requirements of  ignition interlock program
Clause 261(1.3)(c) of the Highway Traffic Act 12 Holder of restricted license operating a motor vehicle equipped with an ignition interlock device that is not functioning properly, has been tampered with, interfered with or disabled
Section 310(2) of the Highway Traffic Act 3 Any violation of a bylaw made by a traffic authority involving the use of a motor vehicle in motion
The Highway Traffic Act (General) 3 For any offence under the Highway Traffic Act involving the use of a vehicle in motion, improperly parked or being operated with unsafe or insufficient equipment
Subsection 6(3) of the Government Property Traffic Regulations under the Government Property Traffic Act (Canada), and subclauses 176(3)(b)(i),(ii),(iii) and (iv) or 176(3.1)(b)(i),(ii),(iii) and (iv) of the Highway Traffic Act 3 Driving over the posted maximum speed limit on the Confederation Bridge

 

Published date: 
April 19, 2021
Transportation and Infrastructure

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