Canadian cell phone law updates

Canada cell phone/texting overview: Distracted driving legislation is being enacted across Canada, with restrictions similar to those being adopted in the United States.

Most Canadian provinces have outlawed use of handheld cell phones and/or text messaging while driving — Quebec, Ontario, Saskatchewan, British Columbia, Nova Scotia and Newfoundland/Labrador.

Here’s an update on the other provinces and territories.

• Prince Edward Island’s ban on the use of handheld electronic devices went into effect Jan. 23, 2010.
• Saskatchewan’s ban on talking and texting on handheld cellphones became law Jan. 1, 2010.
• British Columbia’s bans on handheld cell phone use and text messaging while driving became law Jan. 1, 2010, with fines of $167 beginning Feb. 1.
• Alberta has been hesitant in forging a law to control distracted driving.
• Manitoba’s cell phone/texting ban has been approved with enforcement expected to begin in fall 2010.
• The Yukon Territory’s legislators have almost unanimously endorsed creation of a plan to rein in drivers’ use of cell phones and “similar electronic devices.”

Cell phone poll: Canadians remain split over the need to outlaw cell phone use while driving, with about half of those polled supporting outright bans. Forty-two percent were opposed. A clear majority (67%) told pollsters that drivers wouldn’t obey cell phone bans, while half said police wouldn’t enforce the laws anyway. Older respondents (58%) wanted bans on all types of cell phone use by drivers, while younger people generally were not supportive (28%). The poll of 1,007 adults was taken online in late October 2009 by TNS Canadian Facts.

Saskatchewan’s ban on text messaging and use of handheld cell phones took effect Jan. 1, 2010. June Draude, minister for Saskatchewan Government Insurance, introduced the legislation Nov. 12 and it passed a final reading on Nov. 25. New drivers also will be prohibited from any cell phone use. Violators are to be fined $280 and will receive four demerit points.

British Columbia’s texting and handheld cell phone bans went into effect Jan. 1, 2010, but drivers still have a month before getting tickets. After that, the tickets will cost $167. Up to three points could be assessed against a text messaging or emailing driver.

Prince Edward Island’s law against driving while using handheld electronic devices went into effect Jan. 23, 2010. Fines range from $250 to $400 plus 3 points against license.

Ontario’s ban on drivers’ use of handheld electronic devices such as cell phones and PDAs went into effect Monday, Oct. 26. Fines of up to $500 (CAN) kick in as of Feb. 1.

New Brunswick appears to be the only province not dealing with distracted driving. New Brunswick reportedly is monitoring the success of cell phone and texting bans in other provinces. The CBC quoted a city councilor, David Kelly of Fredericton, as asking: “What is it gonna take? “Is it gonna take a certain ration of accidents? What do we have to do here in New Brunswick? What else is it gonna take for us to go that next step?”

Before adopting its cell phone/text messaging bans, the British Columbia government had asked the public to fill out a distracted driving study that came with seven questions regarding the issue of cell phoning and text messaging.

About 25 percent of traffic accidents in British Columbia are linked to distracted driving behaviors such as use of cell phones, the Office of the Superintendent of Motor Vehicles said in June 2009. The distractions lead to 117 deaths per year, the OSMV report says. Drivers were equally distracted by handheld cell phones and cell phones with hands-free devices attached, said the report, which was actually a “review of distracted driving research.”

The Yukon’s MLAs voted Dec. 2, 2009, in favor of developing laws that would restrict use of cell phones and similar devices. Only one MLA objected. Liberal MLA Darius Elias, who introduced a similar plan in October, told the lawmakers: “I don’t want the Yukon to be the last jurisdiction in Canada to protect its citizens in this way.”

Alberta’s Tory government seems to support a ban on handheld cell phone use by province drivers … but it’ll be a while. Transportation Minister Luke Ouellette noted that “distracted driving has become pretty high on all transportation ministers’ agendas right across the country.” He told reporters Oct. 27, “I want to cover all of the different aspects of distracted driving. And I can’t say exactly when that will be.” He said new legislation may not be the answer.

Ouellette said in January 2010 that that distracted driving legislation is “going through the process” and could be introduced in the spring.

Alberta Premier Ed Stelmach said in December 2009 that he wanted to see the effects of texting bans in other provinces before acting. It will be at least a year, apparently. “Not this spring. We have a busy agenda this spring,” Stelmach told the Calgary Herald. Tory MLA Art Johnston, whose legislation that would have outlawed use of handheld communications devices for drivers was killed in committee, says the province is just dragging its feet. Calgary Police Chief Rick Hanson says distracted driving legislation is overdue.

Strathcona County’s ban on texting and handheld cell phone use while driving began Sept. 1, 2009. The county bylaw is the first in Alberta. The activities are outlawed on country roads, not those policed by the province. Fines run from $100 to $200. The ban on text messaging and handheld cell phone use was approved in May. Alberta’s government is developing similar legislation. (Strathcona County is east of Edmonton, with a population of more than 80,000.)

Manitoba’s ban on drivers’ use of hand-held cell phones and texting devices is being targeted for fall 2010. The fine would be $191, the transportation ministry said.

The British Columbia Association of Chiefs of Police has adopted a resolution calling for a ban on handheld cell phone use while driving.

“The data and evidence is overwhelming that people are more likely to be involved in an accident while on a cellphone when they are driving,” said the president of the BCACP, Supt. Bill McKinnon. The vote came on June 17, 2009.

A Saskatchewan poll taken in September 2009 indicated that 60 percent of residents “strongly support” bans on cell phone use and text messaging by drivers. … Saskatoon’s police chief has called for cell phoning and texting to be outlawed for motorists.

The Ontario Medical Association had pushed for a ban on cell phone use in Canada while operating a vehicle, saying it is clear that any activity such as dialing, typing or reading a text message is unsafe for drivers and those around them.

The market research company Angus Reid says 88 percent of Canadians surveyed were supportive of a ban on use of hand-held cell phones by drivers. 77 percent said this prohibition would make the country’s roads and highways much safer.

Respondents in Atlantic Canada (94%) and Quebec (90%) hold the highest level of support for the cell phone ban, along with women (89%), Canadians over the age of 55 (92%) and university graduates (89%), Angus Reid said.

Ontario’s legislature voted unanimously on April 22, 2009, to ban motorists from text messaging, using handheld cell phones and other electronic devices connected with distracted driving. It went into effect Oct. 26. A previous plan to prohibit Ontario motorists from using cell phones without hands-free devices was shot down in October 2008.

Editorials, opinion:
Alberta: “For some reason — some suggest it’s fear of sliding further down the political popularity poll — the Stelmach government keeps dangling the carrot (of distracted driving laws), and then yanking it away. … Alberta … is set to become Canada’s traffic-safety donkey once again.” Michael Platt in the Calgary Sun (Jan. 19, 2010)

“The (Prince Edward Island) government is apparently ready to reintroduce legislation calling for a ban on talking and texting on hand-held cellphones while driving. It’s about time. … The sooner the province can introduce legislation, the sooner it can be passed and brought into law. Let’s just get it done. Motorists who like their phones may grumble at first, but surely they will adjust.” — The Guardian (Sept. 18, 2009)