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Seat Belt Charges in Ontario

A seat belt charge can apply when a driver or passenger is not properly secured. Drivers are also responsible for passengers under 16. A conviction may lead to a fine, demerit points, and added consequences for novice drivers.

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Type of Ticket/Summons

What is the charge?

A driver or passenger not properly secured. "Properly" does the work here — it covers wearing a belt incorrectly (behind the back, under the arm, shoulder strap off), not just failing to wear one. As the driver you are responsible for every passenger under 16. Passengers 16 and over are charged individually.

  • The prosecution has to prove several distinct things, and they are rarely all documented: that a functioning belt was present in that seating position, that it was not being worn or not worn properly, and that the officer could actually see this. Several exemptions also apply — certain delivery and taxi drivers in the course of their work, some emergency personnel, and drivers with a valid medical exemption certificate. On a charge this specific, the gap between what happened and what the officer's notes can establish is often the whole case

Penalties

  • $240 fine

  • 2 demerit points — doubled to 4 if a passenger under 16 is also unbuckled

  • On your record for 2 years
     

Novice drivers (G1, G2, M1, M2): escalating suspensions instead — 30 days, then 90 days, then licence cancellation on a third offence.

Fighting it

Get disclosure and check what the officer's notes actually record about the belt itself.

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