How do recent changes to Ontario law impact off-roaders?

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When the Ontario provincial government introduced more stringent laws surrounding stunt driving and street racing this past summer, it was met with a nod from most of us who are sick of exorbitant speeds (308 km/h, anyone?) being reached on public roadways. “ Between January of 2021 and the end of May, Toronto saw a 90% increase in racing and stunt driving charges compared to the same timeframe in 2019,” according to this report . The pandemic brought our worst drivers to our more lightly-traveled streets. 

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Highlights, when it was first introduced, included a lower qualifying speed for the charge — 40 km/h over the posted limit of 80 km/h or less — while retaining the 50 km/h over the threshold for higher speeds. Effective September 12, automatic roadside licence suspensions increased from seven days to thirty; they’ve also doubled the length of time your car will be impounded from seven days to fourteen. If convicted, fines can go as high at $10,000, the highest in Canada.

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How do recent changes to Ontario law impact off-roaders? Back to video

The acronym is the MOMS Act (Moving Ontarians More Safely), but as you dig down into the recent changes, is it more smother than mother?

The tentacles of the laws surrounding stunt driving and street racing didn’t just get deeper, they got wider. Law enforcement needed more teeth to crack down on things like drifting and burnout gatherings, with drivers shutting down roadways and infiltrating parking lots to stunt. A task force involving multiple police forces in the GTA in the spring “ began investigating reports of large gatherings of people at intersections and in parking lots to watch cars race illegally or perform “burnouts,” sometimes blocking roadways,” says CTV News . Ultimately, 70 people were charged and 60 vehicles were impounded. 

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London , Ontario, Blind River , and of course, Toronto , where hey, let’s just pour gas on the road to get the theatrics going, right? Here’s your ring of fire, boys! It’s hard to think what’s objectionable about slamming the law at this idiot , who thought doing donuts in Yonge/Dundas square, then taking off when the cops showed up, would be cool beans. Not to worry; in our YouTube world, many captured it on video. 

But because the changes to the stunt driving laws were introduced incrementally, things that just came into effect on September 12 slid along a little under the radar. The headlines were loaded with the higher fines and longer suspensions; what might have gone undetected was an entirely new section about where chargeable offences take place, rather than what they’re composed of. 

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The law has always exempted “ a race track, motor speedway or go-cart track that is built specifically for that purpose in a specified place; or…an event similar to those described in section 4 that is held in a specified place with the written approval of the road authorities having jurisdiction over any highways from which there is road access to the specified place.” 

That section 4 refers to things like rallies under the Canadian Association of Rally Sport, those that have written permission of the Ministry, and clubs putting on events where drivers are driving lawfully while doing treasure hunts (like Geocaching) or scenic tours. It also covers off “an event held on a closed course with the written approval of the road authority having jurisdiction over the highway, including any even t lawfully using any of the trademarks “CART”, “Formula One”, “Indy”, “IndyCar”, “IRL” or “NASCAR ”.”

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The latest addendum to the law, however, is all about “specified places”. To tackle those whackadoodles hosting burnout parties in intersections and drifting sessions in parking lots, the law needed to extend beyond public roadways. Now, cops can apply stunt laws in, “(a) any parking lot, garage or structure, whether public or private, paved or unpaved, flat or multilevel, above or below grade, including any driveway or road that connects the parking lot to a highway. (b) any private, commercial or industrial parking lot or empty lot from which the public would ordinarily be excluded and (c) any parking lot into which drivers are expressly or impliedly invited or permitted to enter, with or without payment, and no matter whether payment is made or whether the driver entered with or without permission.” It further designates “specified places” as “any parking lot, beach, park, bike path or trail, farm field or sports field.”

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Considering “motor vehicles” cover off nearly everything on our roads today, what about ATVs and dirtbikes? Those “specified places” include farm fields and trails. Will this law extend that far off the pavement? Yes, it will. I asked Toronto Police Services if someone could get charged for doing some aggressive dirt biking on their own property. Says Sergeant Murray Campbell, “It has sparked quite a bit of discussion in our office, as the regulation has some specific exemptions, but private property is not one of them. My interpretation of this legislation is that it is to protect people from the dangers that these stunt drivers put them in, in areas that the public has access to or may be found.”

That answer left too much room for interpretation, so I did as Sgt Murray suggested and contacted the Ministry of Transportation. “The expansion of the stunt driving penalties to specified off-highway places does not preclude an off-road motorcycle (also known as a dirt bike) from operating in these places. However, it prohibits an off-road motorcycle rider from engaging in street racing/stunt driving in these places or risk facing the associated penalties outlined in s.172 of the Highway Traffic Act.” Off-road vehicle rules can be found at their website .

TPS notes new law will be interpreted in the courts. That addition of “specified places”, while enacted to crack down on the antics I linked up top, also leaves a lot of latitude. I learned how to drive doing doughnuts in snow-covered mall parking lots. Will we see stunt driving charges on some trail in Algonquin? Guess we’ll find out.