stanton your post is untrue the driver and the owner both can be charged for a motor vehicle with no insurance. I know from experience a few years ago I was driving my friends car with no insurance and my friend was in another car (a rental with insurance ) and we got stopped by a ride program and they gave me and my friend a ticket for no insurance. I've also been in a court and seen a guy getting pissed because him and his father got a no insurance ticket when he was driving the car. I ended up getting a traffic lawyer that got my no insurance ticket dismissed I don't know how he did it since I wasn't there at court so I don't know if the officer didn't show up or he if he got it dismissed another way , as for my friend he plead to a reduced fine of $3,500 if I remember correctly.
I’m thinking you might be getting mixed up with different insurance related offences.
Offences relating to motor vehicle insurance are covered under the Compulsory Automobile Insurance Act, here: http://www.canlii.org/en/on/laws/stat/r ... c-c25.html
The requirement to have a motor vehicles insured is covered under section 2 of the act, which states the following:
2. (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,
(a) operate the motor vehicle; or
(b) cause or permit the motor vehicle to be operated,
on a highway unless the motor vehicle is insured under a contract of automobile insurance.
As you can see, the act specifies the owner (or lessee) of a motor vehicle. It does not mention the driver (or operator). If you’re charged with this offence, you wouldn’t receive a ticket but rather a summons to Court.
The driver is only responsible for providing proof of insurance if they’re stopped or involved in an accident. This is covered under section 3 of the act, which states the following:
3. (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,
(a) an insurance card for the motor vehicle; or
(b) an insurance card evidencing that the operator is insured under a contract of automobile insurance,
and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer.
This is a much less serious offence however. The driver would only be issued a ticket with a $65 fine.
If you actually were charged under section 2 while operating another persons’ vehicle, the Crown wouldn’t have been able to proceed with the charge. They would have to show you were the owner of the vehicle to actually convict you. If you were charged in error, I'm guessing it's because the officer was mistaken on the actual law.