Overview
In Saskatchewan, demerit points are placed on someone’s driver’s licence if they are guilty of an “offence” as defined by The Driver Licensing and Suspension Regulations, 2006 (“The Regulations”). The Regulations are created under The Traffic Safety Act, SS 2004, c T-18.1,.
22.1(1)(ii) of The Regulations says:
Section 22.1(1)(ii) of The Driver Licensing and Suspension Regulations, 2006
(b) “offence” means:
(i) a motor vehicle accident for which the operator is determined to be at least 50% at fault; or
(ii) a conviction for an offence set out in Part II of the Appendix;
The number of demerit points for each offence is determined in Part II of the Appendix in The Regulations.
SGI has their own definition for what they consider demerit points. SGI demerit points are different from demerit points imposed under The Traffic Safety Act, SS 2004, c T-18.1,, and The Regulations..
According to their website, SGI will give someone demerit points for:
- collisions they’re responsible for,
- roadside suspensions, and/or
- certain traffic convictions (including convictions in other provinces, territories and states).
Additionally, SGI outlines demerit points that can have impacts under the Driver Improvement Program. The Driver Improvement Program is a monitoring program intended to rehabilitate drivers who have a history of traffic indiscretions. These demerit points will be imposed if an individual is found responsible for a collision or found guilty of a traffic offence.
Under SGI’s Experienced Driver Improvement Program, demerit points will be issued if you:
- are found responsible for a collision
- have applicable traffic convictions
Consequences for your driver’s licence
If an individuals accumulates 18 regulation imposed demerit points in a 730-day period (~2 years) the individual will have their licence suspended or have their request to issue a licence refused for a period of 30 days.
22.1(2) of The Regulations state:
Section 22.1(2) of The Driver Licensing and Suspension Regulations, 2006
(2) If, within a 730-day period, an operator accumulates at least 18 demerit points, the administrator shall suspend the operator’s driver’s licence, or refuse to issue a driver’s licence to the operator, for a period of 30 days.
If an individual subsequently receives 3 or more demerit points after having their licence suspended or refused issuance for a first time in the previous 730 days under 22.1 of the Regulations, the individual will experience a suspension or refusal to issue a licence for a 90-day period. If a licence is, again, suspended for acquiring 3 or more demerit points within 730 days of a previous suspension under 22.1, they will experience progressive discipline which means that, generally, consequences are worse for repeat occurrences.
Section 22.1 of The Regulations state:
Section 22.1 of The Driver Licensing and Suspension Regulations, 2006
(3) If, within a 730-day period after the administrator suspends an operator’s driver’s licence or refuses to issue a driver’s licence to an operator for 30 days pursuant to subsection (2), an operator accumulates three or more demerit points, the administrator shall suspend the operator’s driver’s licence, or refuse to issue a driver’s licence to the operator, for a period of 90 days.
(4) If, within a 730-day period after the administrator suspends an operator’s driver’s licence or refuses to issue a driver’s licence to an operator for 90 days pursuant to subsection (3), an operator accumulates three or more demerit points, the administrator shall suspend the operator’s driver’s licence, or refuse to issue a driver’s licence to the operator, for a period of 180 days.
(5) If, within a 730-day period after the administrator suspends an operator’s driver’s licence or refuses to issue a driver’s licence to an operator for 180 days pursuant to subsection (4), an operator accumulates three or more demerit points, the administrator shall require that operator to attend for an interview pursuant to section 49 of the Act.
If a licensee acquires 3 or more demerit points within 730 days of a 90-day suspension under 22.1, then they will receive a suspension or refusal to issue their licence for 180 days. If a suspension happens within 730 days of a third, or subsequent, suspension under 22.1, then the individual will be required to attend an interview with a person designated by a minister.
22.1(6) of The Regulations state:
22.1(6) of The Driver Licensing and Suspension Regulations, 2006
(6) If, within a 730-day period after the administrator requires an operator to attend for an interview pursuant to subsection (5), an operator accumulates three or more demerit points, the administrator may do all or any of the following:
(a) refuse to issue a driver’s licence to the operator for a maximum of 365 days, as considered appropriate by the administrator;
(b) suspend the operator’s driver’s licence for a maximum of 365 days, as considered appropriate by the administrator;
(c) require the operator to attend an education or safety seminar approved by the administrator;
(d) impose any terms and conditions on the operator’s driver’s licence that the administrator considers appropriate.
If an individual is required to attend a meeting under 22.(5) then they may have their licence suspended or refused issuance for 365 days, be required to attend an education or safety seminar, and/or have any other restrictions imposed that the minister considers appropriate.
Consequences with Saskatchewan Government Insurance
If someone’s driving record with Saskatchewan Government Insurance(“SGI”) is neutral or negative and they receive any demerit points by SGI, a $50 financial penalty will be imposed for each point, for more information click here. This penalty imposed by SGI does not include any potential fines imposed by a court. If an individual has a positive safety rating with SGI prior to the the attainment of demerit points, any discount on insurance premium may be withdrawn, reduced, or may even stay the same if points are acquired. A positive safety rating point is added for each year that a driver drives without an “offence” and a negative safety rating point is added for each demerit point acquired in the commission of an “offence”, for more information click here.
When an individual receives 9 demerit points as outlined under the Experienced Driver Improvement Program, they are automatically placed in the Driver Improvement Program for a minimum of 730 days. If an individual receives 12 demerit points, they will receive a warning letter, at 15 demerit points they are required to take a defensive driving course, at 18 demerit points they are required to take driver training. At 21 demerit points, 24 demerit points, and 27 demerit points, they will receive a 30-day, 90-day, and 180-day suspension, respectively. At 30 demerit points a penalty will be imposed and a driver improvement interview will be conducted. At 33 demerit points an SGI manual review and penalty will be imposed. The individual will be required to pay for any courses or training that they have to take. Some of the penalties can be appealed to the Highway Traffic Board. If an individual is able to continue for 730 days without further incidents they will be removed from the program. For more information on the Driver Improvement Program, visit the SGI website here
Conclusion
Court imposed, regulation based, demerit points can impact the status of one’s licence and can result in a suspension if 18 or more demerit points are acquired within a 730-day period. SGI based demerit points can impact the cost of insurance and can result in monetary penalties, suspensions, and the requirement to take courses or training. A post regarding the impacts of court appointed demerit points on those classified as “new drivers” will be posted in the future.
Gelinas Limited Scope Legal Services offers traffic representation in Saskatchewan in the Provincial Court and at the Highway Traffic Board. If you want to fight a traffic ticket or appeal a decision to the Highway Traffic Board, contact Gelinas Limited Scope Legal Services at 705 737 6451 or joseph@gelinaslegal.ca for a free, up to 30-minute, no obligation to retain, phone consultation. For information on the Limited Licensing Pilot (Law Society of Saskatchewan), which allows me to provide limited scope, non-lawyer, legal services, click here.
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