Ontario · HTA s.78.1
Hand-held device suspensions in Ontario
A distracted driving conviction suspends your Ontario driver's licence from the very first offence — three days, then seven, then 30. The suspension is imposed by the Registrar under s.78.1(6.2) of the Highway Traffic Act, it is not discretionary, and it applies on conviction.
The suspension tiers
| Offence | Fine | Suspension | Demerit points |
|---|---|---|---|
| First offence | $500 – $1,000 | 3 days | 3 |
| First subsequent offence | $500 – $2,000 | 7 days | 3 |
| Second or additional subsequent | $500 – $3,000 | 30 days | 3 |
The fine figures above are the statutory range under s.78.1(6.1). The$615 commonly quoted is the set fine — what you pay out of court once the victim fine surcharge and costs are added. See thefull distracted driving pagefor how the charge itself is defended, andthe demerit point systemfor how the 3 points interact with your record.
When does the five-year clock reset?
Under s.78.1(6.3), an offence committed more than five years after a previous conviction under the section is not a subsequent offence. A driver convicted in 2019 and again in 2026 is treated as a first offender the second time — three days, not seven. Inside five years, the escalation applies.
Can you drive for work during the suspension?
No. Ontario does not issue restricted or conditional licences for a distracted driving suspension, and there is no exemption for work driving. Driving during the suspension is a separate charge unders.53, carrying a fine from $1,000 to $5,000, possible jail, and a further six-month suspension on conviction — a far worse position than the original ticket.
What is changing for commercial drivers
Amendments passed in 2026 (2026, c. 7, Sched. 5, s. 15) create a separate, harsher tier where the offence is committed by means of acommercial motor vehicle. They arenot yet in force — they commence on a day to be named by the Lieutenant Governor in Council.
| Offence | Fine (pending) | Suspension (pending) |
|---|---|---|
| First offence | $1,000 – $2,000 | 7 days |
| First subsequent offence | $1,000 – $4,000 | 14 days |
| Second or additional subsequent | $1,000 – $6,000 | 60 days |
The same amendments narrow the hands-free exemption: a device in hands-free mode will no longer be permitted if it has a display screen showing entertainment, or text and images beyond what s.78(2) allows.
Source: Highway Traffic Act, R.S.O. 1990, c. H.8, s.78.1. Penalties are current as at the last review date — verify against thecurrent Highway Traffic Actbefore relying on them. Legal information, not legal advice.