Should Winter Tires Be Mandatory for Ontario Drivers? A Legal and Safety Perspective

February 05, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Winter driving in Ontario can be treacherous. Snow, ice, and freezing rain create hazardous road conditions that challenge even the most experienced drivers. Despite this, winter tires remain optional for . This is a stark contrast to Quebec, where they have been mandatory since 2008. This raises an important question: Should Ontario follow suit and require winter tires by law?

From a legal and safety standpoint, there are strong arguments in favour of making winter tires mandatory. Here, we explore the benefits of winter tires, their impact on liability in car accidents, and the potential legal framework for a province-wide mandate.

The Case for Mandatory Winter Tires

Enhanced Safety and Reduced Collisions

Winter tires are designed to perform in cold temperatures, unlike all-season or summer tires, which lose traction in icy or snowy conditions. They provide better grip, improved stopping distances, and overall greater control on winter roads. Research from the Traffic Injury Research Foundation (TIRF) has shown that using winter tires can reduce winter road collisions by up to 20%.

In Quebec, where winter tires have been required from December 1 to March 15 since 2008, studies have demonstrated a significant decline in wintertime collisions. A report by the province’s automobile insurance board (SAAQ) found that winter road accident injuries decreased by 5% after the mandate was introduced. Given Ontario’s similar winter conditions, it stands to reason that a similar law could yield comparable benefits.

Financial and Insurance Considerations

While some drivers may resist a winter tire mandate due to the upfront cost, the long-term financial benefits often outweigh the initial expense. Many insurance providers in Ontario already offer discounts—ranging from 2% to 5%—for drivers who install winter tires. Additionally, reducing accidents lowers insurance claims, which could help keep overall insurance premiums more stable.

From a legal perspective, failing to use winter tires could impact liability in an accident. If a driver without winter tires is involved in a collision where road conditions played a role, they could be deemed negligent for not taking reasonable precautions. As a result, their liability in a personal injury case could increase, potentially leading to higher settlements or judgments against them.

Legal Precedents and the Possibility of an Ontario Mandate

Ontario law currently does not require drivers to use winter tires, though it strongly recommends them. However, Quebec’s legislation provides a useful precedent. When Quebec introduced its mandate, it faced initial resistance, but over time, public perception shifted as the safety benefits became clear.

If Ontario were to consider a similar law, key factors would need to be addressed, including:

• A phased implementation to allow drivers time to adjust.
• Financial assistance programs to help low-income individuals afford winter tires.
• Exemptions for certain vehicles, such as those driven year-round in areas with minimal snowfall.

Ontario already enforces tire-related regulations for commercial vehicles, requiring them to have chains or specialized tires in designated areas during winter. Extending a similar mandate to passenger vehicles would align with this existing approach to road safety.

Public Perception and Opposition

Despite the clear benefits, not all Ontarians support mandatory winter tires. Critics argue that such a mandate would place an undue financial burden on drivers, particularly those who do not drive frequently in winter or live in areas with milder conditions. Others suggest that improved road maintenance and driver education could be more effective than a legal requirement.

However, these concerns must be weighed against the cost of winter-related accidents—not just in terms of financial damages, but also in injuries and lives lost. Given that winter tires significantly reduce the likelihood of collisions, they represent a proactive approach to improving road safety.

Conclusion: A Sensible Legal Step Forward

While Ontario has made strides in encouraging the use of winter tires, making them mandatory could provide significant safety and legal benefits. Fewer accidents, lower insurance claims, and reduced liability risks for drivers are compelling reasons to consider such legislation.

If a mandate were introduced, it would need to be implemented thoughtfully, ensuring that cost concerns are addressed and that exemptions exist where appropriate. Ultimately, the goal is not just compliance with the law—it’s about creating safer roads for all Ontarians.

With winter driving hazards as severe as they are, the question remains: Should Ontario wait for more accidents to occur before taking action, or is it time to follow Quebec’s lead?

A legislative push towards mandatory winter tires could be the step Ontario needs to improve road safety and reduce preventable accidents. In the end, ensuring that all drivers are equipped for winter conditions may be a small price to pay for a safer province.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.