Gavin Howe
Canada's traffic laws are regulated by its federal, provincial, and municipal governments, which can lead to inconsistencies when driving from one province to another. While some basic rules apply across Canada, each province and territory passes its own set of regulations, which can result in a confusing mix of standards. For example, in Montreal, the only place in Canada where it is forbidden, drivers must wait for a green light to turn right. In Alberta, U-turns at intersections with traffic lights are prohibited, and in Quebec, driving in the left lane is illegal except when passing another vehicle. Speed limits, signage, and rules regarding distracted driving, alcohol consumption, and drug use also vary across the country.
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What You'll Learn
Provincial and municipal laws
Canada's traffic laws are governed by federal, provincial, and municipal laws, with each province and territory having its own set of regulations for drivers. While some basic rules apply across the country, the differences in provincial and municipal laws can lead to confusion for drivers.
Provincial Laws
Each province in Canada is responsible for governing the conduct of drivers and maintaining the highways within its jurisdiction. This includes matters such as driver licensing, vehicle registration, safety inspections, and rules of the road. For example, the process of obtaining a driver's license varies across provinces, with Ontario requiring two road tests and a written test, while other provinces may have different requirements.
Provincial laws also dictate the rules of the road, which can vary significantly from province to province. For instance, in Alberta, it is illegal to use a handheld cell phone while driving, and the province has strict penalties for drinking and driving. In contrast, Quebec has a lower legal blood alcohol limit than the rest of Canada, and drivers can be fined for honking at someone waiting at a red light.
Municipal Laws
Municipal governments, under the jurisdiction of their provincial governments, also have the power to create traffic laws and bylaws to control highway traffic and maintain roads within their control. For example, Montreal has banned right turns on red lights, which can be confusing for drivers coming from other provinces where this is allowed.
The inconsistent application of these provincial and municipal laws can lead to unexpected fines for drivers crossing provincial or municipal borders. For instance, a driver in British Columbia may be fined for shifting their vehicle into neutral while coasting down a hill, whereas this law would be irrelevant in flatter provinces like Manitoba or Saskatchewan.
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Distracted driving
The Canadian Criminal Code addresses dangerous driving, criminal negligence in the operation of a motor vehicle, criminal negligence causing death, and impaired driving. Each province and territory is responsible for maintaining the highways within its jurisdiction and governing the conduct of drivers. The provincial highway-traffic acts control all matters pertaining to the use of the roads, including licensing of drivers, registration of vehicles, safety and condition of motor vehicles, and rules of the road.
Municipalities also have jurisdiction over highway traffic and road maintenance within their boundaries, delegated to them by their provincial governments. They create traffic rules through bylaws and are responsible for ensuring the safe condition of their roads. In the event of an accident on a dangerous road, municipalities can be held civilly liable to injured persons.
While traditional deterrents such as fines and rewards are becoming less effective in reducing distracted driving, insurers like Desjardins are exploring telematics-based programs that track driver habits and provide personalized feedback. Additionally, the adoption of vehicle safety technology, such as rear-view cameras and blind-spot detection, is increasing, which may influence how insurers assess risk and set rates, particularly for younger drivers.
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Speed limits
In most provinces and territories, the statutory speed limit is 50 km/h (31 mph) in urban areas and 80 km/h (50 mph) in rural areas. However, statutory speed limits for school zones tend to be lower, at 30 or 40 km/h (19 or 25 mph) in urban areas and 50 km/h (31 mph) in rural areas.
There is no statutory speed limit for grade-separated freeways, although the typical speed limit in most provinces is 100 km/h (62 mph) or 110 km/h (68 mph). The speed limit for freeways in cities is generally 100 km/h, while the speed limit outside cities is usually 110 km/h. The highest posted speed limit in the country is 120 km/h (75 mph) and can be found on the Coquihalla Highway.
While speed limits are legally absolute, police and traffic departments have some discretion. There is no tolerance for speeding, but it does occur. Radar detectors are only legal in British Columbia, Alberta, and Saskatchewan. In other provinces and territories, police and law enforcement officers may confiscate radar detectors and impose substantial fines.
In Ontario, drivers caught exceeding the posted speed limit by 50 km/h or more may have their vehicles impounded immediately for seven days and their licences suspended for seven days. They must also appear before the court and may face additional fines, demerit points, and jail time. For a second conviction within 10 years, their licence may be suspended for up to 10 years.
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Seatbelt laws
In Canada, wearing a seatbelt is one of the most effective ways to protect yourself from injury or death in a crash. It is also a legal requirement. The Highway Safety Code (HSC) states that:
> Every person [...] must, while in a moving road vehicle, wear, properly fastened, the seat belt with which his [or her] seat is equipped.
The HSC also prohibits the removal or alteration of seat belts.
Seat belt legislation in Canada is left to the provinces, and all provinces have primary enforcement seat belt laws. This means that a police officer can stop and ticket a driver if they observe that the driver or any passengers are not wearing a seatbelt. In Ontario, for example, drivers can face a fine if anyone under the age of 16 is not wearing a seatbelt or secured in a child car seat. Passengers over the age of 16 will be held liable for not wearing a seatbelt.
There are some exemptions to these rules. For instance, in Ontario, seatbelts are not required in large commercial vehicles over 4,536 kg that were not required to have seatbelts installed in rear seating positions at the time of manufacture, or in vehicles manufactured or imported before January 1, 1974. In addition, those with exceptional medical conditions may apply to be exempt from wearing a seatbelt.
It is important to wear a seatbelt correctly. A typical seat belt has a lap and shoulder belt. The shoulder belt should be worn across the chest, never under the arm or back, and the lap belt should be worn across the hips, not the stomach. It should be worn close to the body and should not be torn or twisted. Expectant mothers should wear the lap belt low over their pelvic bones, not against their abdomen.
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Impaired driving
In 1951, Parliament re-worded the law, making it an offence to operate or have care or control of a motor vehicle while the driver's ability to operate the vehicle was impaired by alcohol or other drugs. The breathalyser was introduced in 1952, allowing police to measure a person's blood alcohol concentration. In 1969, Parliament created an offence of driving while "over 80" (over 80 milligrams of alcohol per 100 millilitres of blood). In 1976, Parliament made the penalty the same as driving while impaired, and created the offence of refusing to provide a breath sample.
On December 18, 2018, the federal government made changes to impaired driving laws across the country, repealing the old law and replacing it with new impaired driving laws. One significant change is that individuals can now be charged with driving over the legal limit if they consumed alcohol after driving. Under section 320.14(1)(b), police can demand breath samples up to two hours after an individual drove, and if they are over the limit, they can be criminally charged. This means that if someone drives sober, then consumes alcohol, and the police subsequently demand a breath sample, they can be charged with impaired driving. This provision will most likely be used if the individual was involved in an offence with their vehicle, such as a hit and run.
Another change is that police officers can now demand a breath sample from drivers even without any suspicion that they have drunk alcohol. This is known as Mandatory Alcohol Screening (MAS). Previously, a police officer had to have a reasonable suspicion that the individual had alcohol in their body while operating a motor vehicle.
In addition to alcohol, there are also limits for THC, the primary psychoactive component of cannabis. It is an offence to have over five nanograms (ng) of THC per ml of blood within two hours of driving. For drivers who have consumed both alcohol and cannabis, the limit is 50 milligrams or more of alcohol per 100 ml of blood and 2.5 ng or more of THC per ml of blood. Having any trace amount of most other drugs within two hours of driving is prohibited.
It is important to note that impaired driving laws can vary across Canada's ten provinces and three territories, each with its own set of regulations for drivers. While many basic rules apply across the country, drivers may encounter fines in one place for something that was allowed in another.
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Frequently asked questions
Speed limits vary between 30 km/h and 100 km/h, depending on whether you are in town or on the highway. The minimum speed on the highway is 60 km/h and the maximum is 100 km/h, though there is a tacit understanding that speeds up to 120 km/h are tolerated on most Canadian highways.
Distracted driving is a big no-no in Canada. Talking, calling, texting, and using GPS are prohibited unless the device is mounted. Penalties include fines from $300 to $1000, demerit factors that can affect your insurance quotes and driving documents.
In Canada, it is essential to secure children under 12 or below a certain weight in appropriate child protection seats.
Drivers need to maintain a legal restriction of BAC (Blood Alcohol Concentration) of 0.08%. However, some places also have lower limits for amateur and young drivers. The use of cannabis or another impairing drug while driving is illegal across all parts of Canada.
