theworld

Hi

So this is the situation. The better half is Canadian, but is declared non resident (i.e. doesn't live in Canada and hasn't for the past 10 odd years). She has been able to renew her driving licence using her parent's address over they years and whenever she goes back to Canada drives her parent's car and is covered under their insurance.

Now her folks are freaking out a bit and saying that as she is a non resident she shouldn't really be driving in Canada. Where we live, in HK, there is really no need to drive, so she has not converted her Canadian driving licence to a Hong Kong one.

I've dug around on the interwebs but can't find any information on this.

Is this true? If she can't drive her parent's car, is there anything stopping her from hiring a car in Canada?

Thanks

tentseller

I think the issue is not whether she is eligible to drive in Canada but whether she will be insured while using her parent's car as she is not insured in Canada.

I am also a non-resident Canadian and I am insured as an occasional driver on a car licensed in Ontario so I am covered whenever I am driving in Canada. My driver license and the owner of the vehicle is at the same address.

gglave

I would say the bigger issue would be if she was pulled over in a traffic stop and it was determined the address on her license is not the address of her residence.

I would give the license issuer in the province in question a call and ask.

I suspect they'll tell her her license isn't valid and she needs to get a Hong Kong one.

airoli

I agree with gglave. Québec at least has a law requiring residents to convert any out-of-province driver's license into a local one within 3 months of taking residence, beyon which the non-QC one will no longer be accepted.

Extrapolating from that, I would suspect that a Canadian license held by a non-resident would not be considered valid. Your better half should simply convert it into a HK license. Even if she never drives there, she would be fine using it in Canada during visits. (Note: This does not address the question of whether she would be insured for the vehicle she is driving / renting.)

theworld

OK, thanks for your thoughts.

I would have assumed there are quite a few people in my better half's situation, but the law is what it is.

eigenvector

Most or all provinces have laws on the books requiring licensed drivers to notify them of an address change. One of the reasons for this is a driver's license is one of the most common forms of proof of residency for the purpose of health care coverage, immigration status, taxation, etc. Therefore it is imperative that one's driver's license reflect your current address. When you renew a driver's licence in BC or ON (the two provinces I have lived in), it is printed on the form that you agree under penalty of law that the address listed is your home address.

Although I doubt it is something your average police officer would be much interested in at a traffic stop (how would they ever know?), it could be a serious issue if she was involved in an accident and was trying to make an insurance claim. Insurance coverage is predicated on having a valid licence, if your licence is not valid because you don't meet the residency requirements for having it, you have achieved nothing by retaining the Canadian driver's licence.

You can run into other problems with this as well. Presumably she is either not filing Canadian tax returns or filing them and declaring non-residency for tax purposes. How can she square that fact with holding a driver's license that says she lives in Canada?

jerryhung

maybe she should drive with International Driver license instead Ontario one?

As for coverage, I'd THINK guest drivers are covered by owner's own insurance (it's like lending a friend with valid license, to drive your car, you take on the risk yourself under your insurance?)

Call insurance companies to ask?

Vasco

I ran into a similar issue number of years back. My parents decided to move to Florida permanently, but wanted to retain their driver's licenses using my address. First, their insurance company freaked out and cancelled their policy on the spot when they found out they no longer actually lived in the province. Then the province would not renew the plates on their car because they could not obtain insurance, and obviously, their licenses were cancelled immediately by the province because they were deemed non-resident. In the end, they just obtained licenses from Florida, put Florida plates on their car and insured their car in Florida.

The lesson I learned from all that was that it is simply easier, and better to just have a license from the country/province/state where you actually live, and don't try to game the system. The insurance companies really don't like it, and the last thing you need is to get into an accident, call the insurance company and find out that you are not covered because of something like this.

A Hong Kong license is perfectly valid for use in Canada, and will lead to less problems.

gglave

I haven't had a traffic stop in years, but if memory serves, one of the first thing the officer asks is "Is this your current address?"

eigenvector

Yes, on second thought you're totally right about that. And if you admit you've actually lived on a different continent for years, well, you might not be driving home after that traffic stop.

PhotoJim

It is possible that British Columbia might consent to these people carrying BC licenses (it would have to be requested), but they would certainly not be valid anywhere else, e.g. Alberta, Washington, etc. It would really be best if these people got licenses in Hong Kong (where they live) instead.