Canada Hit and Run Laws

Canada Hit and Run Laws: What happens if someone leaves the scene of an accident?

Table Of Contents
  1. Canada Hit and Run Laws: What happens if someone leaves the scene of an accident?
  2. Canada hit and run laws explained: What happens if you leave the scene of an accident?
  3. What is considered a hit and run in Canada?
  4. Delayed sentencing and provincial diversion programs
  5. What is the penalty for leaving the scene of an accident in Canada?
  6. What happens if you hit an unattended vehicle in Canada?
  7. Canada hit and run laws: Defenses

What is the penalty for leaving the scene of an accident in Canada?

Under the Canadian criminal code sections 320.11 through to 320.26, leaving the scene of an accident is punishable by a mandatory license suspension, fines, and a maximum penalty of life in prison. However, a first-time offender may qualify for a diversion program.

Quick take: what happens if you fail to remain at the scene of an accident in Canada?

  • Failure to remain at the scene of an accident constitutes a hit and run in Canada.
  • Leaving the scene of an accident is a hybrid offense in Canada.
  • A hybrid offense means prosecutors may decide to charge the accused with a summary or indictable offense.
  • First-time offenders may avoid a criminal record by completing a diversion program.
  • The maximum penalty for leaving the scene of an accident in Canada is life in prison.
  • Most provinces in Canada have a no-fault system, meaning your insurer pays you after an accident.
  • In most provinces, you may take civil action if the damage to your person or property exceeds your insurance cover.
  • A conviction for hit and run will lead to increased insurance premiums.
  • Section 252 of the Canadian criminal code was repealed in 2018 and replaced with part VIII.1 section 320.11 through to 320.26, “Offenses Relating to Conveyance”.
  • Flight from a peace officer is a punishable offense in Canada.
  • A conviction for a hit and run will result in mandatory license suspension under section 320.24.

View Provincial Hit and Run Laws Here:

References

Canada hit and run laws explained: What happens if you leave the scene of an accident?

Provincial laws and penalties differ slightly, but what you need to remember is an accident in Canada is not a crime. What is a crime is -failing to remain at the scene of an accident and fulfill the statutory obligations listed below.

Duties of a driver at the scene of an accident in Canada

If you are involved in an accident in Canada, you must:

  • Immediately stop your vehicle at the scene or close to the scene. If someone suffers death or serious injury, do not move the vehicle until instructed to do so- by a peace officer or emergency worker.
  • Investigate the scene and render reasonable assistance to anyone who may need it. If the injured person requests it, or if it is apparent that immediate medical care is necessary, you may transport the victim to a physician or care facility.
  • Give your name, address, insurance information/proof of financial responsibility, and vehicle registration number to the struck person, property owner, or peace officer present at the scene.
  • Upon request, exhibit your driver’s license to the struck person.
  • Report any accident that results in death, injury, or property damage above the limit set by provincial laws.

What is considered a hit and run in Canada?

Section 252 (1) (repealed 2018) defines a hit and run as, quote:

“Every person commits an offense who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with (a) another person, (b) a vehicle, vessel or aircraft, or (c) in the case of a vehicle, cattle in the charge of another person, and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.”

In short. Failure to stop, exchange information, and remain at the scene of an accident constitutes a hit and run in Canada. Legal experts recommend that you do the following immediately after an accident.

  • Immediately stop and fulfill the statutory obligations mentioned above.
  • Do not engage in road rage. It may lead to additional charges.
  • Contact a lawyer immediately if anyone dies, suffers serious injuries, or expensive property damage.
  • Offer reasonable assistance to anyone who needs it.
  • You may leave the scene if you have a valid reason to leave the scene, such as fear for your safety. If you leave, report the incident immediately.
  • Do not admit fault or use language that shows guilt.
  • Collect evidence that you may use in your defense, including dashcam footage, witness testimonies, and take photos.

How do victims of hit and run recover compensation in Canada?

Under provincial laws, insurance is mandatory for all drivers in Canada. If you are involved in an accident, you may file a claim with your insurer or the other party’s insurer, depending on the province’s fault system.

If provincial laws allow it, you may take civil action to recover damages, including:

  • General damages/pain and suffering.
  • Loss of earnings
  • Medical bills
  • Future medical care
  • Household expenses

If you are the victim of a hit and run, legal experts recommend that you do the following after an accident.

  • If the other driver flees, document the driver’s description, car make, colour, damage done to the vehicle, and anything else that may aid investigators.
  • Do not admit fault at the scene.
  • Seek medical help before you comment about your health and keep records of your expenses.
  • Contact your insurer.
  • Do not threaten or harm the other party.
  • Render reasonable assistance to anyone who may need it.
  • Report the accident within the time specified by provincial laws.

Delayed sentencing and provincial diversion programs

For a first-time offender, section 320.23, “Delay in sentencing” creates a diversion program that depending on provincial laws, may help you avoid a criminal record. If you comply with your province’s program, the court will dismiss your case. The section reads, quote:

“The court may, with the consent of the prosecutor and the offender, and after considering the interests of justice, delay sentencing of an offender who has been found guilty of an offense under subsection 320.14(1) or 320.15(1) to allow the offender to attend a treatment program approved by the province in which the offender resides. If the court delays sentencing, it shall make an order prohibiting the offender from operating, before sentencing, the type of conveyance in question, in which case subsections 320.24(6) to (9) apply.”

We recommend consulting with an attorney to determine if you qualify for diversion.

What is the penalty for leaving the scene of an accident in Canada?

ViolationIndictable offenseSummary convictionMinimum punishment
320.14 “operation while impaired” 320.15 “failure or refusal to comply with demand (alcohol/drug testing)Imprisonment Not more than ten years.Imprisonment for not more than two years.$5000 fine for a first offense.Up to 30 days in jail for a second offense$1000 fine for a first offense.Imprisonment for not more than 120 days.  
321.2 “punishment in case of bodily injury.” Section 320.13Imprisonment for not more than 14 yearsImprisonment for not more than two years.$5000 fine.  $1000 fineImprisonment for up to 30 days.120 days imprisonment for subsequent offenses.
320.21 “punishment in case of death”Maximum sentence of life in prison $1000 fineImprisonment for 30 days.120 days in prison for subsequent offenses
Dangerous operationNot more than 10 years in prison  

Make sure to check your province for local laws as well. 

Fines for blood alcohol concentrations

  • Blood alcohol concentration equal to or exceeding 120 mg of alcohol in 100 ml of blood -but less than 169 mg of alcohol. Punishable by a fine not less than $1500.
  • Blood alcohol concentration exceeding 160 mg of alcohol in 100 mg of blood. Punishable by a fine not less than $2000.

Aggravating circumstances

The following aggravating circumstances may lead to harsher penalties.

  • Harm to more than one person.
  • Racing
  • Underage passenger
  • Drunk driving
  • Operating large vehicles.

It is worth mentioning that section 320.13 (2) reads, quote:

“If the offender completes the treatment program, the court is not required to impose the minimum punishment under section 320.19 or to make a prohibition order under section 320.24, but it shall not direct a discharge under section 730.”

What happens if you hit an unattended vehicle in Canada?

If you hit an unattended vehicle, leaving the scene without exchanging information with the property owner constitutes a hit and run. Consequently, you must make a reasonable effort to find the property owner or person attending to the struck property.

If you cannot find the owner, what you do next will depend on provincial laws. It is best practice to leave a note containing your name, address, contact information, and vehicle registration on a conspicuous section of the struck vehicle. If the damage done to the vehicle exceeds $2000, you must notify law enforcement in all provinces.

In short, in Canada, you must report any accident involving death, injury, or property damage above $2000.

Failure to report may lead to additional charges.

What if you hit an animal in Canada?

Depending on provincial reporting requirements, if you hit an animal in Canada, you may have to notify law enforcement or the animal owner.

Under section 444. “Injuring and Endangering Cattle.” Intentionally killing, maiming, wounding, or poisoning cattle is an indictable offense punishable by up to five years.

What you need to remember if you are involved in an accident with domestic or wild animals:

  • Willful neglect resulting in injury to birds or animals (while driving/transporting animals) is an indictable offense punishable by up to two years in jail.
  • Failure to exercise reasonable care or supervision of animals resulting in death or injury is an indictable offense punishable by a maximum sentence of five years.

Canada hit and run laws: Defenses

Common defenses for a hit and run include:

  • The accused fulfilled statutory obligations.
  • Leaving the scene was involuntary.
  • You were unaware of your involvement in an accident.
  • Mistaken identity.
  • No one suffered loss or property damage.

We recommend consulting with a defense attorney immediately. 

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