Speeding

Speeding is just what it sounds like. If you drive over the posted speed limit on a street or highway you could face a traffic ticket. Police can use a radar gun at what is commonly referred to as a speed trap or they can follow you in a marked or unmarked car. Some provinces also have photo radar, or speed cameras, which will record the speed of your vehicle, the licence plate, make, and model, direction of travel and the date and time of the offence. If you were speeding, a ticket will be mailed to your address. It doesn't matter who was driving, the ticket is sent to the registered owner.

According to Transport Canada's Canadian Motor Vehicle Traffic Collision Statistics: 2022, speed or driving too fast was a contributing factor in approximately 22 per cent of fatal collisions in Canada. Research consistently shows that even small reductions in average travel speed produce meaningful reductions in collision severity. A 5 per cent decrease in mean speed is associated with roughly 20 per cent fewer fatal collisions (Nilsson, 2004, as cited by Transport Canada).

In extreme cases, speeding shades into more serious offences such as what Ontario calls stunt driving or street racing, which can carry much heavier consequences — including an immediate roadside licence suspension, vehicle impoundment, large fines, and possible jail. The exact thresholds and penalties are set by each province and should be checked against the current provincial source.

If you have been stopped for speeding, police will record your driver’s licence and insurance details and as well as the year, make, model and colour of your car along with the licence plate number. If you decide to contest the ticket in court, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove that you were the one driving the vehicle at the time of the incident and it will be up to a judge to decide if you are guilty. The Crown must establish that you were driving on a controlled highway or street and that you exceeded the posted limit. Incorrect information on the ticket, such as the wrong licence plate number, will invalidate the ticket. If you have been caught on photo radar or speed camera you can go to court and ask for a copy of the calibration records to be disclosed.

The penalties vary in each province or territory but there are commonalities. If you are convicted of speeding you will be fined and receive demerit pointsPoints added to a driver’s record for committing infractions on your licence that could ultimately lead to a driving suspension. Fines vary depending on how fast you were travelling. As well, fines can double if you were caught speeding in a school or construction zone. Police can also impound your vehicle for excessive speeding.

Speeding can lead to a provincial charge of careless driving or a Criminal Code charge of dangerous driving. Ordinary speeding is dealt with under provincial or territorial traffic law, not as a standalone Criminal Code offence. Excessive speed can be evidence in a separate dangerous-operation case, but the Crown must prove that the driving was dangerous to the public in all the circumstances. Dangerous operation causing bodily harm or death is a different and much more serious Criminal Code offence.

If you were caught speeding out of province, the demerit points generally follow you to your home province through reciprocal agreements between provinces and territories to share driving records. Not all jurisdictions participate in the same way, so confirm the current status with your provincial motor vehicle authority. Provinces handle collection of unpaid fines differently; some use a collection agency while others collect through the Canada Revenue Agency.

Any speeding ticket can typically affect your insurance rate. A ticket can stay on your driving record for up to three years and if you are caught speeding again it can result in a significant rate increase. In provinces with privately-run insurance, a ticket could increase your rates anywhere from five to 10 per cent, depending on how many times you have been fined, according to the Globe and Mail (How will a speeding ticket affect my insurance rates?). The Globe notes that insurers typically will not bump your rate if you were caught going less than 15 km/h over the limit. However, that ticket is likely to cost you any discount offered by the insurance company, which is usually between five and 10 per cent.

These are not Criminal Code offences. Penalties vary by province, territory, municipality, and sometimes by bylaw or set-fine schedule.

Speeding is a provincial traffic offence, with limits and fines set by each province and territory — in Ontario under the Highway Traffic Act, in Alberta under the Traffic Safety Act and its rules-of-the-road regulation, and in British Columbia under the Motor Vehicle Act. Fine amounts are set by regulation and set-fine schedules, and vary by how far over the limit the vehicle was travelling.

Ontario has its own statute and set-fine framework. Specific dollar amounts should be checked against the current official Ontario source.