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Provided by CCOHS/produit par le CCHST


Driving and the Use of Cellular Telephones or Other Devices

Last Updated: August 2010

Prepared by CCOHS

This reference document lists the Canadian federal, provincial and territorial legislation controlling and prohibiting the use of mobile telephones and other electronic devices while driving. Currently, only a few jurisdictions in Canada have explicit legislation dealing with this issue. While other jurisdictions may not have specific legislation, drivers who cause accidents or are driving unsafely while using a cell phone may be charged with offences such as dangerous driving, careless driving, and criminal negligence causing death or injury.

For a more in-depth and comprehensive understanding of the legislative requirements please review the Canadian enviroOSH Legislation service plus Standards service. Where additional information is required, please see the Canadian Governmental Occupational Health & Safety Departments (http://www.ccohs.ca/oshanswers/information/govt.html) for contact information.

This list is prepared by CCOHS as part of the Canadian enviroOSH Legislation service. This service is a comprehensive and easy to search compilation of the full text of Canadian health, safety and environmental legislation and critical guidelines and codes of practice from all jurisdictions. All the legislation is compiled into one convenient location and is regularly updated with amendments highlighted.

Subscribers to this service and paid learners of the CCOHS e-courses have access to the full text of the legislation listed in this document. To become a subscriber please contact Client Services.

OSH Answers

Driving Tips - Using Cellular Telephones and Other Devices

Canada

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Alberta

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British Columbia

Motor Vehicle Act, R.S.B.C. 1996, c. 318

Part 3.1, Use of Electronic Devices While Driving

Motor Vehicle Act Regulations, B.C. Reg. 26/58

Section 30.072, Restriction on use of electronic device while driving

Use of Electronic Devices While Driving Regulation, B.C. Reg. 308/2009

Manitoba

Highway Traffic Act, C.C.S.M. c. H60

Part VI, Prohibitions, Offences, and Penalties

General Provisions

Section 214, Certain radio receivers prohibited

Section 215, Use of radio headphones prohibited

Section 215.1, Definitions re hand-operated electronic devices

Cellular Telephones and Other Hand-Operated Electronic Devices Regulation, Man. Reg. 83/2010

New Brunswick

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Newfoundland and Labrador

Highway Traffic Act, R.S.N.L. 1990, c. H-3

Part V, Rules of the Road

Section 176.1, Use of hand-held cellular phones prohibited

Carrier Safety Regulations, C.N.L.R. 1160/96

Schedule

Nova Scotia

Motor Vehicle Act, R.S.N.S. 1989, c. 293

Prudent driving and speed restrictions

Section 100D

Northwest Territories

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Nunavut

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Ontario

Highway Traffic Act, R.S.O. 1990, c. H.8

Part VI, Equipment

Section 78, Display screen visible to driver prohibited

Section 78.1, Hand-held devices prohibited

Prince Edward Island

Highway Traffic Act, R.S.P.E.I. 1988, c. H-5

Part IX, Enforcement

Miscellaneous Offences

Section 291.1, Hand-held devices holding or use prohibited while driving

Quebec

Highway Safety Code, R.S.Q., c. C-24.2

TITLE III, Special Obligations of Dealers and Recyclers

Part II, Penal Provisions

Division IV, Other Rules Respecting Vehicular Traffic

Section 439, Television screen

Section 439.1 [Hand-held device with telephone function]

Section 440, Headphones

Saskatchewan

Traffic Safety Act, S.S. 2004, c. T-18.1

Part XVI, Rules of the Road

Division 6, Operation, Treatment and Use of Vehicles

Section 241, Television prohibited

Section 241.1, Hand-held electronic communications equipment prohibited

Yukon

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