How It Works Can a Minimum Fine Be Reduced?

Can a Minimum Fine Be Reduced?

Some Highway Traffic Act offences carry a mandatory minimum fine that a court must impose on conviction. That minimum is not always absolute, but the exception is meant to be used sparingly.

What to Know

  • Section 59(2) of the Provincial Offences Act allows a court to go below a statutory minimum fine where imposing it would be unduly oppressive or against the interests of justice.
  • A Court of Appeal decision from December 2018 set out the framework courts now use to assess this kind of request.
  • Relief typically requires documented, severe personal or financial hardship — not simply that the fine is inconvenient to pay.
  • Courts treat this discretion as the exception, not the rule, and most minimum fines stand as set.

Bottom Line

Where a genuine hardship exists, it is worth raising properly and with documentation — but the more common path to a smaller fine is challenging the charge itself, not asking a court to waive the minimum.

Licensed Paralegal — Not a Law Firm. R.S. Walia is licensed by the Law Society of Ontario. Services are limited to the authorized scope of paralegal practice. Nothing on this site is legal advice.