Alberta Hit and Run Laws: Duties, Penalties & MVAC

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Alberta Hit and Run Laws: Duties, Penalties, and the MVAC Programme

In Alberta, a driver who leaves the scene of an accident without stopping faces charges under both the federal Criminal Code (s. 320.16) and the provincial Traffic Safety Act (RSA 2000, c T-6, s. 69). Penalties range from a provincial fine and demerit points for minor property-damage collisions up to life imprisonment under the Criminal Code where someone dies.

Information last verified on 2026-06-07. This article has not yet been reviewed by a licensed lawyer.

Jurisdiction scope: This article addresses Alberta provincial law under the Traffic Safety Act, RSA 2000, c T-6, and the federal Criminal Code, RSC 1985, c C-46 (s. 320.16). It does not address other Canadian provinces; for the national overview and other provincial spokes, see Canada hit and run laws.

For a full comparison of how every Canadian province handles hit and run, visit the Canada hit and run laws hub. For US state rules, see the US hit and run laws hub.

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Federal Law: Criminal Code s. 320.16

The federal hit-and-run offence is found in Part VIII.1 of the Criminal Code, which Parliament enacted through SC 2018, c. 21 (Bill C-46). Section 320.16 replaced the former s. 252 (failure to stop at scene of accident), which was repealed on 18 December 2018 by s. 14 of the same Act.

Section 320.16(1) creates the base offence. Every person commits an offence who:

• operates a conveyance (defined in s. 320.11 to include a motor vehicle, vessel, aircraft, or railway equipment);
• knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance; and
• fails, without reasonable excuse, to stop the conveyance, give their name and address, and, where any person has been injured or appears to require assistance, offer assistance.

The mens rea is knowledge or recklessness about the accident. There is no statutory presumption that failing to stop proves intent to escape liability. The old s. 252(2) contained such an evidentiary presumption, but Parliament did not replicate it when enacting s. 320.16. The Crown must prove the knowledge or recklessness element at trial without the benefit of any presumption.

Sections 320.16(2) and (3) create more serious forms of the offence:

• s. 320.16(2): The driver knew or was reckless about whether the accident resulted in bodily harm to another person.
• s. 320.16(3): The driver knew or was reckless about whether the accident resulted in death, or in bodily harm from which death ensues.

"fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance" Source: Criminal Code, RSC 1985, c C-46, s 320.16(1)

Section 320.16 is a hybrid offence in its basic form. The Crown elects to proceed summarily or by indictment, and that election determines the available penalties under ss. 320.19 to 320.21.

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Federal Penalties

A conviction under s. 320.16 results in a criminal record. The offence also carries potential consequences for a driver's licence, including prohibition orders under s. 320.24 of the Criminal Code.

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Provincial Law: Traffic Safety Act

Alberta's Traffic Safety Act, RSA 2000, c T-6, imposes its own set of duties after a collision. These provincial duties operate alongside, not instead of, the Criminal Code. A driver can face both a Criminal Code charge and a provincial offence charge from the same incident.

Under s. 69 of the Traffic Safety Act, a driver involved in an accident must:

1. Stop the vehicle immediately or as close as practical to the scene.
2. Provide information: name, address, driver's licence number, vehicle registration, and insurance particulars to the other party or parties involved, or to a peace officer.
3. Render assistance if any person appears to be injured.
4. Report to police if the accident results in injury, death, or property damage that, in the driver's reasonable opinion, exceeds $5,000 in total.

The $5,000 reporting threshold applies to the combined property damage from all vehicles and property involved in the collision. Where total damage appears to exceed $5,000, the driver must report the accident to a peace officer. If the vehicle is driveable and no one is injured, the driver generally has 24 hours to make the report.

Failure to comply with any of these provincial duties is a provincial offence under the Traffic Safety Act. Provincial offences carry fines and demerit points on the driver's abstract. A hit-and-run conviction also typically results in a licence suspension, and a serious accumulation of demerit points can lead to a suspension under Alberta's graduated licence framework.

Watch out: The $5,000 provincial reporting threshold is separate from the Criminal Code obligation. Even if total damage is under $5,000 and there is no injury, a driver who knows or is reckless about having been in an accident can still face a Criminal Code s. 320.16(1) charge for simply failing to stop and provide their name and address.

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The Motor Vehicle Accident Claims (MVAC) Programme

Alberta uses a private auto-insurance market regulated by the Alberta Automobile Insurance Rate Board (AIRB). Private insurers provide mandatory basic auto coverage, and drivers injured by an unidentified (hit-and-run) or uninsured driver have two main avenues of redress:

1. MVAC programme: the provincial insurer of last resort; and
2. SEF 44 Family Protection Endorsement: a standard auto-policy endorsement that tops up coverage.

What MVAC Covers

The Motor Vehicle Accident Claims programme is a provincial programme administered under the Motor Vehicle Accident Claims Act, RSA 2000, c M-22. It pays bodily injury compensation to Albertans hurt in collisions caused by uninsured or unidentified (unknown) drivers. The maximum combined payment to all victims of a single accident is $200,000.

MVAC does not cover property damage. A driver whose vehicle is damaged by a hit-and-run must look to their own collision coverage or another remedy.

The 90-Day Notification Requirement

For hit-and-run accidents involving an unknown driver, a victim must notify MVAC within 90 days of the accident. Failing to notify MVAC within this window can result in the claim being denied. Claimants should notify MVAC as soon as possible after the accident and as soon as they know or suspect the at-fault driver cannot be identified.

The 90-day rule is separate from the general two-year limitation period for bringing a lawsuit under Alberta's Limitations Act, RSA 2000, c L-12. Both deadlines apply: the 90-day notice to MVAC and the two-year limitation period to commence a court action.

Steps to Claim Through MVAC

1. Report to police immediately or as soon as practicable. A police report is a practical necessity for MVAC claims involving an unknown driver.
2. Contact your own insurer to explore whether your own policy (uninsured motorist coverage, collision, or SEF 44) provides coverage.
3. Notify MVAC within 90 days. Contact MVAC to provide notice of the accident and your intention to claim.
4. Commence a court action against MVAC within the two-year limitation period if MVAC does not resolve your claim administratively.
5. Serve the required documents on MVAC as the statutory defendant in the action.

SEF 44 Family Protection Endorsement

The SEF 44 is a standard endorsement available on Alberta auto policies. It provides coverage when a victim's damages exceed what the at-fault driver's insurance (or MVAC) actually pays. The SEF 44 tops up the victim's own insurer's payment to match what a fully insured and solvent tortfeasor would have owed. Coverage limits depend on the individual policy.

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Comparison: Federal vs. Provincial Hit and Run in Alberta

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Frequently Asked Questions

More Alberta Laws

• Alberta Child Support Laws
• Alberta International Recording Laws

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Where to Go Next

If you were injured in a hit-and-run collision in Alberta, your first steps are to file a police report, notify your insurer, and contact MVAC within 90 days if the driver cannot be identified. A lawyer licensed in Alberta can advise you on whether MVAC, your own insurer's uninsured motorist coverage, or the SEF 44 endorsement on your policy best addresses your situation.

For a Canada-wide overview of how each province and territory handles hit-and-run offences, insurance claims, and the Criminal Code s. 320.16 framework, see Canada hit and run laws. For US hit-and-run rules by state, see the US hit and run laws hub.

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Disclaimer

This article provides general legal information about Alberta and federal Canadian hit-and-run law as of 7 June 2026. It does not constitute legal advice and does not create any solicitor-client relationship. The law may change; readers should verify the current version of any statute through official sources. For advice about a specific situation, consult a lawyer licensed in Alberta.

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Authorities Cited

1. Criminal Code, RSC 1985, c C-46, s 320.16 (Failure to stop after accident, current provision). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-320.16.html
2. Criminal Code, RSC 1985, c C-46, s 320.19 (Punishment, no injury). https://laws-lois.justice.gc.ca/eng/acts/c-46/section-320.19.html
3. Criminal Code, RSC 1985, c C-46, s 320.2 (Punishment, bodily harm). https://laws-lois.justice.gc.ca/eng/acts/C-46/page-47.html
4. Criminal Code, RSC 1985, c C-46, s 320.21 (Punishment, death). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-320.21.html
5. Criminal Code, RSC 1985, c C-46, s 320.11 (Definition of conveyance). https://laws-lois.justice.gc.ca/eng/acts/C-46/page-47.html
6. SC 2018, c 21 (Bill C-46: enacted Part VIII.1; repealed s. 252; in force 18 December 2018). https://laws-lois.justice.gc.ca/eng/annualstatutes/2018_21/FullText.html
7. Criminal Code, RSC 1985, c C-46, s 252 (repealed by SC 2018, c 21, s 14). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-252.html
8. Traffic Safety Act, RSA 2000, c T-6, s 69 (Duty to stop and report; $5,000 threshold). https://www.canlii.org/en/ab/laws/stat/rsa-2000-c-t-6/
9. Motor Vehicle Accident Claims Act, RSA 2000, c M-22 (MVAC programme statutory basis). https://open.alberta.ca/publications/m22
10. Alberta Government, Motor Vehicle Accident Claims Programme (MVAC; $200,000 bodily injury limit; 90-day notification for unknown driver). https://www.alberta.ca/motor-vehicle-accident-claims-program
11. Alberta Government, Injured by an uninsured or unknown driver (MVAC overview, property damage exclusion, 90-day notice, 2-year limitation). https://www.alberta.ca/injured-by-an-uninsured-or-unknown-driver
12. Justice Canada, Legislative background: Bill C-46, Part VIII.1 (confirms failure to stop is a transportation offence under Part VIII.1). https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/c46/p4.html

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Related Articles

• Canada Hit and Run Laws: national overview of Criminal Code s. 320.16 and all provincial regimes
• US Hit and Run Laws: all 50 US states compared

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Last updated: 2026-06-07. Statutes cited reflect their in-force version as of 2026-06-07.