Section 106 of Ontario's Highway Traffic Act requires drivers and most passengers to wear a properly adjusted seatbelt, and covers several distinct situations — a driver not wearing one, a passenger not wearing one, and a seatbelt that is inoperative or being used incorrectly. A conviction generally carries a fine and demerit points, and shows up on your driving record the same as other moving violations, which can affect insurance. Drivers can, in some circumstances, be held responsible for younger passengers not being properly buckled in, separate from their own seatbelt use.
- Section 106 of the Highway Traffic Act covers several distinct seatbelt situations — not just the driver's own belt.
- A conviction generally carries a fine and demerit points, which show up on your driving record the same as other moving violations.
- Drivers can be held responsible for certain passengers, particularly younger ones, not wearing a seatbelt — not just their own.
- A genuinely defective or inoperative seatbelt can be a defence, but the defect needs to be real and provable, not just asserted.
- Like other moving violations, a seatbelt conviction can show up on your record and potentially affect insurance premiums.
- Exact current fine amounts are set by regulation and periodically updated — confirm the current figure on your specific ticket rather than relying on an old number.
The Short Answer
A seatbelt ticket in Ontario is issued under section 106 of the Highway Traffic Act, which covers several related situations — a driver not wearing a seatbelt, certain passengers not wearing one, and a seatbelt that is inoperative or improperly used. It is a real conviction with a fine and demerit points, not a warning, and it is treated by insurers the same way as other moving violations.
What Section 106 Actually Covers
Section 106 is broader than most people realize. It addresses the driver's own seatbelt use, requires certain passengers to be properly secured, and separately addresses a seatbelt that is defective or not functioning as designed. The specific subsection a ticket is written under determines exactly what the Crown needs to prove — a driver-focused charge is a different factual question than a passenger-focused one.
Responsibility for Passengers
One detail that surprises many drivers: in some circumstances, a driver can be held responsible for a younger passenger not being properly secured, separate from the driver's own seatbelt compliance. This reflects the broader principle that drivers bear some responsibility for conditions inside their vehicle, not just their own conduct — a theme that also comes up in our guide on distracted driving tickets in Ontario, where a driver's own device use is the focus, but the underlying idea of driver responsibility for the vehicle's condition is similar.
Penalties and Insurance Impact
A seatbelt conviction generally carries a fine and demerit points, both set by regulation and subject to periodic updates — confirm the specific amount shown on your ticket rather than relying on a figure you saw elsewhere. Beyond the fine itself, the conviction generally appears on your driving record, which insurers review, and can contribute to higher premiums over time — our guide on how traffic tickets affect insurance in Toronto covers this dynamic in more depth.
It is tempting to treat a seatbelt ticket as too minor to bother fighting or even thinking about. But because it becomes a conviction on your record the moment you pay it, the practical insurance impact can outlast the modest fine itself.
Possible Defences
- Genuinely defective seatbelt — where the belt was actually inoperative, not simply uncomfortable or inconvenient.
- Wrong person charged — particularly on passenger-related subsections, where the facts may not actually support who was charged.
- Procedural issues — errors in how the ticket itself was written or issued.
Fighting the Ticket
Like any provincial offence ticket, you can request a trial rather than simply paying the fine — see our overview of how to fight a traffic ticket in Ontario for the general process, which applies to seatbelt tickets as well. Whether fighting makes sense depends on the strength of any defence and how much the insurance impact of a conviction genuinely matters to you.
What to Do Next
Review exactly which subsection you were charged under and whether the facts actually support it before simply paying the fine. Seatbelt tickets are often issued alongside other minor violations during the same stop — our guides on failing to yield, following too closely, the move over law, and HOV lane violations cover other common tickets worth understanding on their own terms rather than just paying every ticket in a stack. Call 416-274-2222 for a free, confidential consultation on your options.
Frequently Asked Questions
Potentially, yes. Section 106 addresses not just the driver's own seatbelt use but also certain passengers, and a driver can in some circumstances be held responsible for a younger passenger not being properly secured, separate from the driver's own compliance.
Seatbelt convictions generally carry demerit points, though the exact current number and fine amount are set by regulation and can be updated over time — check the specific amount shown on your ticket or confirm with the court rather than relying on an outdated figure.
A genuinely defective or inoperative seatbelt can potentially support a defence, but you generally need real evidence of the defect — not simply an assertion after the fact — and the specific circumstances matter.
It can. Like most moving violations, a seatbelt conviction generally appears on your driving record, which insurers review, and it can contribute to higher premiums depending on your overall record and insurer.
It depends on the specific facts — whether there is a genuine factual or legal issue with how the ticket was written, whether a real defect existed, or whether you were actually the person responsible under the specific subsection charged. A quick review of the ticket and circumstances can clarify whether a defence is realistic.
Generally yes, with specific rules depending on age and seating position, including additional requirements for younger children involving child car seats. The specific requirements can vary depending on the passenger's age and where they are seated in the vehicle.