Does one need to be physically present in Canada while renewing a driver's license?

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SaskAries

She can not legally hold 2 licenses, when she applies for her US license she will have to surrender her Ontario one(unless you live part time in Florida), so why does she not do this before it expires? Then she does not have to worry about it, and she is not doing anything illegal.

If she still is claiming to live in Canada and has not been here for a while but still using her Ontario Drivers license and OHIP, she really needs to consider informing them she is living out of the country, she is in essence committing a fraudulent act. In order to keep her drivers license, and OHIP she does have to be a resident of Ontario as well as pay provincial/federal taxes, and if she is not doing that then she is no longer a resident of Ontario, therefore she can not keep her OHIP nor her Ontario driver's license. You are supposed to surrender your license and get a new one for your place of residence with in 60 to 90 days after you take up residency.

If she really has to renew her license then she may be able to do it via mail, but morally(not to mention legally) what she is trying to do is wrong and it is against the law.

Randy B

Technically, under Provincial law, you can only hold an Ontario drivers license if you live in the Province. Since your wife no longer lives in Ontario she should not be driving under an Ontario license. It must state the address where she is living and while YOU may say that officially her address is at her mothers house the simple fact of the matter is that she is not. Her license contains fraudulent info which in and of itself is an offense.

Of more concern to me would be that IF your wife has an accident driving on that license you may very well find yourself in a situation where your insurance company refuses to pay out on the claim. If she is covered under your insurance they are going to ask why she does not have a valid license in your State and without that license you may find yourself on the hook for any accident.

She would be very wise to trade in her Ontario license for one from your State. It's usually just a matter of paying the fee and they make the switch. If she ever moves back to Ontario, or any place in Canada for that matter, she just needs to do the same thing to get her Canadian license back.

Fred C

She has to get a driver's licence from whatever state she is resident in. To do so, she will have to provide documentation showing she is legally resident in the US. She doesn't live at her mother's home. She is entitled to the Canadian passport as a Canadian citizen, she is NOT entitled to renew her Ontario driver licence because she is not an Ontario resident.
Whatever state you live in, I suggest you check the website to see the requirements of the state, she may be allowed as few as 3 months, some states 6 months, some 1 year, before the law states she MUST turn in her licence for a new state one.
I suggest she also check with OHIP how long, as a now-resident of the US, she is eligible for coverage under the Ontario health care plan, as well. There is a time limit for out-of-province continuation of coverage.

The bottom line, if she is resident in the US, after a certain number of months, as determined by state law, which, in some states is as little as 30 days, she is legally required to obtain a US licence. If she is past the time limit, obtaining an Ontario licence at her mother's address is fraud, and that makes such licence null and void. If she is still using OHP past the time limit set by OHIP, she is guilty of fraud, and her coverage becomes null and void, and any claims made will be reversed and a bill sent.

It matters not whether or not she manages to get an Ontario renewal or not, it is fraud. If she was on vacation when the renewal came up, there would be a work-around, but she isn't on vacation, is she?

woerden

I understand exactly what you're asking. In the strictest sense, no, you do not have to be physically present to renew an Ontario drivers licence, provided no new photo is required.

It's not legal to do so, though, if you're not actually a "resident" of Ontario.

I was trying to remember when the last time was that I could simply mail-in a licence renewal (assuming no new photo was required). Honestly, I can't remember the last time that happened. (If that's the case...i.e. no new photo required...then, yes, you could simply mail-in the renewal - well, mail it to the Ontario residence and have someone from there mail it in, so it has an Ontario postmark - and have someone at your Ontario residence forward the renewed licence to you, at your current residence.) (You do know that is technically not legal, though, right? And that legality applies to the person who forwards the licence to you, as well. There is a clear notice on the renewed licence prohibiting it from being forwarded.)

A drivers licence is mostly about residency. To drive a vehicle, you must hold a licence in the state/province in which you currently reside...just like the vehicle has to be registered in that state/province. That's about all there is to it.

I own several properties, two in Canada and two abroad. For legal and tax purposes, I have to declare a "primary" residence. It sounds like your wife's primary residence is with you, in the U.S. Generally speaking, in determining residency, you are considered to no longer be a resident if you haven't live there for 6 of the past 12 months.

The strict legalities of trying to renew a licence for an address you don't actually live at aside, here's some info. for you: http://www.mto.gov.on.ca/english/dandv/driver/renewal.shtml

"To renew your licence, take the Renewal Application or postcard to a Driver and Vehicle Licence Issuing Office. You may be asked to sign the application. You will be required to show identification, pay the required renewal amount, and have your photograph taken if required. The renewal fee is $75.00."

However, there's also this:

"Renewals not requiring a photo can be processed by mail; otherwise, you must renew in person in Ontario. If you are out of the province at the time of renewal and will be returning within six months, you may be sent a one-time temporary driver's licence valid for up to a maximum of six months, to enable you to drive while you are away."

I don't know if this will help, but there's this nugget of hope, as well:

"You can renew an expired driver's licence, without taking tests, within one year of the licence expiry date."

I know your wife hates to give up her Ontario drivers licence. But...really...she doesn't legally qualify for one, and keeping it is more nostaligic than anything. (If you're hoping to hold onto free healthcare, it's her Ontario Health Card that's more important.)

lol..what do u think ?..

and driver's licenses are provincial it's not "Canada" but Ontario..the reason she could renew her passport is bc that is federal and Canada has embassies and consulates in foreign countrires to assist Canadian travellers abroad, Provinces do not have foreign offices...

SteveN

I am not sure about the rules in Ontario as I am in another province (Quebec), but I think your questions can be answered at the Ministry of Transport for Ontario website:
http://www.mto.gov.on.ca/english/dandv/driver/renewal.shtml

One thing I did see was a section about if you are outside of Ontario and want to renew. If the renewal reminder letter that your wife received does NOT say that a new photo is required, then you can mail in the renewal form with the correct fees and it will be sent to you by mail. I would think that in that case, your wife's mother may be able to drop off the renewal form and pay the fee for her.

But if it states that a new photo is required, the driver must be present, as they take the photo right there on the premises and ask you to sign a form to get a digital copy of your signature.

And as others have stated, I am not sure about the legality of obtaining that license. It should state on the website whether you can renew or obtain an Ontario license when not actually a permanent resident any longer.

By the way, I think the only drawback to letting it expire and then obtaining a new Ontario license if she ever decides to move back to Toronto is that she would have to pass a vision test.

umachutta

Silly question.... why doesn't she get driver's license for the state you are living in? I am a Canadian citizen living in the United States. When I moved down here after marrying my husband I had three months to make the change over to the state license. As far as I know she would need to be present if she did renew this way.

knh959

Yes because she'd need a new photograph. Is she eligible for an Ontario Licence? Using her mother's address as an address of convenience is of questionable legality. Are you using that address in order to keep your OHIP coverage too? Get off the pot, either you live in Canada or you live in the States, you can't have it both ways.

jsinc909

A drivers licence renewal requires a photo taken at one of the Min. of Transportation offices, but the license is valid for 5 years so making the trip back does not seem like much.

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