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Demerit Points for Out-of-Province Convictions
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PostPosted: Sat Sep 20, 2008 1:10 am 
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Posts: 1048
Location: Ontario, Canada
Can Ontario Canadian's get Demerit Points for Out of Province Convictions?

Yes!

Here is clarification from the MTO site:

Demerit Points for Out-of-Province Convictions

Drivers convicted of a driving related offence in the State of New York, the State of Michigan or any Canadian province or territory, will have home jurisdictional penalties such as demerit points and/or suspensions applied to their Ontario driver record as if the offence occurred in Ontario.

Examples of out-of-province convictions where Ontario demerit points and /or suspensions will be applied include:


Traffic

  • Speeding
  • Fail to obey stop sign
  • Fail to obey signal light
  • Fail to stop for school bus
  • Racing
  • Fail to remain or return to the scene of a collision
  • Careless driving

Criminal

  • Motor manslaughter
  • Criminal negligence
  • Dangerous driving
  • Failure to remain at scene of a collision
  • Impaired Driving
  • Driving while disqualified or prohibited



So can Ontario Canadian's get Demerit Points for Out of Province Offences?

Yes!

Can Ontario Canadian's get Demerit Points for Out of Province Offences while driving in the United States?

Yes! However, only TWO states can apply Demerit Points towards your Ontario Drivers License. The State of New York, and the State of Michigan.

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Last edited by admin on Tue Oct 07, 2008 9:57 am, edited 1 time in total.

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PostPosted: Sat Sep 20, 2008 7:03 am 
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Posts: 2933
Location: In YOUR rearview mirror!
Here is HTA OREG 607. Lists Provinces and States that can SUSPEND your licence for non-payment of a traffic violation.

***************************************************
1. Subsection 198 (1) of the Act extends and applies to judgments rendered and become final against residents of Ontario by any court of competent jurisdiction in the following provinces:

1. Alberta
2. British Columbia
3. Manitoba
4. New Brunswick
5. Newfoundland
6. Nova Scotia
7. Prince Edward Island
8. Quebec
9. Saskatchewan
R.R.O. 1990, Reg. 607, s. 1.

2. Subsection 198 (1) of the Act extends and applies to judgments rendered and become final against residents of Ontario by any court of competent jurisdiction in the following states:
1. Alabama
2. Arizona
3. Arkansas
4. Colorado
5. Connecticut
6. Delaware
7. Idaho
8. Illinois
9. Indiana
10. Iowa
11. Kansas
12. Kentucky
13. Louisiana
14. Maryland
15. Michigan
16. Minnesota
17. Mississippi
18. Missouri
19. Montana
20. Nebraska
21. New Hampshire
22. New Jersey
23. New Mexico
24. New York
25. North Carolina
26. North Dakota
27. Ohio
28. Oklahoma
29. Oregon
30. Pennsylvania
31. Rhode Island
32. South Carolina
33. Tennessee
34. Texas
35. Utah
36. Virginia
37. Washington
38. West Virginia
39. Wisconsin
40. Wyoming
41. District of Columbia

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Demerit Points for Out-of-Province Convictions
PostPosted: Sat Sep 20, 2008 7:08 am 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
admin wrote:
Can Ontario Canadian's get Demerit Points for Out of Province Offences while driving in the United States?
Yes! However, only TWO states can apply Demerit Points towards your Ontario Drivers License. The State of New York, and the State of Michigan.


Interesting.......when the HTA OREG 339/94 section 4(1) reads...
.. If a resident of Ontario is convicted or forfeits bail in another province or territory of Canada or in one of the states of the United States of America for an offence that, in the opinion of the Registrar, is in substance and effect equivalent to an offence for which demerit points would be recorded upon conviction in Ontario, the Registrar may record the demerit points for the conviction as if the conviction had been entered or the bail forfeited in Ontario for the equivalent offence. O. Reg. 339/94, s. 4

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Sat Sep 20, 2008 12:16 pm 
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Joined: Mon Jun 30, 2008 5:59 pm
Posts: 486
Location: Toronto
Off topic a bit, but the reciprocal agreements have been in place for years and not just demerit points. If you don't pay your parking tickets in Montreal, you can't renew your Ontario license.

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Re: Demerit Points for Out-of-Province Convictions
PostPosted: Sat Sep 20, 2008 8:58 pm 
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Joined: Tue Nov 13, 2007 5:04 pm
Posts: 1048
Location: Ontario, Canada
hwybear wrote:
admin wrote:
Can Ontario Canadian's get Demerit Points for Out of Province Offences while driving in the United States?
Yes! However, only TWO states can apply Demerit Points towards your Ontario Drivers License. The State of New York, and the State of Michigan.


Interesting.......when the HTA OREG 339/94 section 4(1) reads...
.. If a resident of Ontario is convicted or forfeits bail in another province or territory of Canada or in one of the states of the United States of America for an offence that, in the opinion of the Registrar, is in substance and effect equivalent to an offence for which demerit points would be recorded upon conviction in Ontario, the Registrar may record the demerit points for the conviction as if the conviction had been entered or the bail forfeited in Ontario for the equivalent offence. O. Reg. 339/94, s. 4



That is in contrary. But since Demerit Points are applied by the MTO, the MTO website states that Demerit Points will be applied for Out of Province offences limited ONLY to the states of New York and Michigan.

http://www.mto.gov.on.ca/english/dandv/ ... emerit.htm

Also, the latter law states that the Registrar will decide whether your offence should be treated and applied the same as if you were in Ontario.

However, even if the Registrar does decide to apply Demerit Points for a state other than NY or MI, then you still would NOT be applied Demerit Points onto your driving record, since the MTO does not recognize Demerit Points issued from states other than NY or MI.

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