Yukon Hit and Run Laws: Duties, Penalties & Insurance

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Yukon Hit and Run Laws: Duties, Penalties, and Insurance Coverage

Leaving the scene of a collision in Yukon is a serious federal criminal offence under section 320.16 of the Criminal Code of Canada, which requires every driver to stop, give their name and address, and offer assistance to anyone who has been injured. Failing to comply can mean up to 10 years in prison where no injury results, up to 14 years where someone is hurt, or life imprisonment if someone dies. Yukon's Motor Vehicles Act (RSY 2002, c 153) adds a parallel territorial duty to stop, exchange information, and report collisions to the RCMP.

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

Is Hit and Run a Crime in Yukon?

Yes. Hit and run is a serious federal criminal offence across all of Canada, including in the Yukon Territory, under section 320.16 of the Criminal Code of Canada.

Section 320.16 was enacted as part of Bill C-46 (SC 2018, c 21) and came into force on 18 December 2018. It replaced the former section 252, which has been fully repealed by the same Act. Any legal guide still citing section 252 as the operative provision is out of date.

The offence applies to anyone who operates a "conveyance," a term defined in section 320.11 of the Criminal Code to include a motor vehicle, vessel, aircraft, or railway equipment. In the Yukon context, this almost always means a motor vehicle on the territory's roads and highways, but the broader definition is worth noting for completeness.

The core obligation under section 320.16(1) is clear: a driver who knows, or is reckless as to whether, their vehicle has been involved in an accident with a person or another conveyance must stop, give their name and address, and (if any person has been injured or appears to require assistance) offer that assistance. Failing to do any of these things without a reasonable excuse is a criminal offence.

The phrase "without reasonable excuse" matters. It creates a fact-specific defence available to a driver who, for a genuine and proportionate reason, could not comply with one or more of the statutory duties. A driver who stopped briefly but was forced to leave a dangerous scene before exchanging information may be able to raise this defence, but the excuse must be genuinely reasonable and not merely convenient.

One important aspect of how section 320.16 operates: it does NOT contain the automatic presumption of guilt that existed in old section 252(2). Under the former law, failing to stop was (in the absence of evidence to the contrary) treated as proof that the driver intended to escape civil or criminal liability. That presumption was repealed along with section 252 in 2018. Under the current law, the Crown must independently prove that the driver knew about the accident or was reckless as to whether one had occurred. This is a meaningful protection for drivers who genuinely were unaware that a collision had taken place.

Your Legal Duties at the Scene of a Collision in Yukon

Two separate bodies of law govern a driver's obligations after a collision in Yukon: the federal Criminal Code and the territorial Motor Vehicles Act (RSY 2002, c 153). Both apply simultaneously.

Under the Criminal Code (federal)

Section 320.16 requires every driver involved in an accident to:

1. Stop the conveyance immediately.
2. Give their name and address to anyone involved.
3. Offer assistance to any person who has been injured or who appears to require assistance.

These duties apply regardless of who caused the collision and regardless of how minor the incident appears to be.

Under the Motor Vehicles Act (territorial)

Yukon's Motor Vehicles Act (RSY 2002, c 153), Part VII, imposes additional territorial duties on drivers involved in collisions. A driver involved in an accident must stop at or near the scene, render all practicable assistance, and provide their name, address, driver's licence number, and vehicle registration information to other involved parties and to any police officer at the scene.

Where a collision results in personal injury, death, or property damage of a significant nature, the driver must report the accident to the RCMP. Yukon's policing is carried out by the Royal Canadian Mounted Police under a contract with the territorial government; there is no separate Yukon territorial police force.

Where a driver strikes an unattended vehicle or property and cannot find the owner, the driver must leave written contact information in a conspicuous place on or near the damaged property and report the accident to the RCMP as soon as practicable.

These territorial duties operate in parallel with (and are cumulative to) the duties imposed by the federal Criminal Code. A driver faces potential liability under both regimes for the same incident.

Criminal Penalties Under Section 320.16

Section 320.16 creates three escalating tiers of criminal liability based on the harm caused.

Tier 1: No Injury (Section 320.16(1))

The basic offence (failure to stop, identify oneself, or offer assistance where no injury is involved) is a hybrid offence. The Crown may elect to proceed summarily or by indictment.

Under section 320.19(5) of the Criminal Code, on indictment, the maximum penalty is 10 years imprisonment. On summary conviction, the standard maximum applies (generally up to 2 years less a day under recent amendments). There is no mandatory minimum sentence for the basic tier.

A criminal conviction under any tier of section 320.16 results in a permanent criminal record, which can affect employment, professional licences, security clearances, and travel to other countries, including entry to the United States.

Tier 2: Bodily Harm (Section 320.16(2))

Where the driver knew, or was reckless as to whether, the accident resulted in bodily harm to another person, the enhanced offence under section 320.16(2) applies.

Under section 320.2, on indictment, the maximum penalty is 14 years imprisonment. Mandatory minimums also apply: a $1,000 fine for a first offence, 30 days imprisonment for a second offence, and 120 days imprisonment for subsequent offences. On summary conviction, the maximum is a $5,000 fine or 2 years less a day, with the same mandatory minimums.

Tier 3: Death (Section 320.16(3))

The most serious form of the offence applies where the driver knew, or was reckless as to whether, the accident resulted in the death of another person, or resulted in bodily harm to another person whose death subsequently ensued.

Under section 320.21, this is a straight indictable offence carrying a maximum of life imprisonment, with mandatory minimums on the same scale as the bodily harm tier ($1,000 fine for a first offence, 30 days for a second, 120 days for subsequent offences). There is no summary conviction route for this tier.

Reporting to the RCMP in Yukon

Yukon's Motor Vehicles Act requires drivers to report collisions to police when the accident involves personal injury, death, or significant property damage. In Yukon, all police services are delivered by the RCMP (F Division), which polices the territory under a territorial police services agreement. Drivers should call the RCMP or, in an emergency, 911.

For collisions that must be reported, the report should be made as soon as practicable. Where the RCMP cannot attend the scene immediately, the driver should not leave without first making reasonable efforts to document the scene and, where possible, attend the nearest RCMP detachment.

Unlike some provinces, Yukon does not operate a network of Collision Reporting Centres. The RCMP is the primary reporting authority for all reportable collisions in the territory.

Reporting a collision to the RCMP is also a practical necessity for insurance purposes. Standard auto insurers operating in Yukon require a police report for claims involving unidentified drivers. Without a timely police report, a claim for compensation from an unidentified hit-and-run driver may be denied.

Territorial Offences, Demerit Points, and Licence Consequences

Failure to comply with the territorial duties under the Motor Vehicles Act is a territorial offence that operates separately from any Criminal Code charge. A driver can face consequences under both simultaneously.

Demerit points: Yukon's driver demerit system assigns points for traffic offences. Accumulating demerit points can lead to licence suspension. The Yukon government administers demerit records through the Department of Highways and Public Works.

Licence suspension: The Registrar of Motor Vehicles in Yukon has authority to suspend a driver's licence where a driver accumulates sufficient demerit points or is convicted of serious driving offences. A Criminal Code conviction under section 320.16 also carries consequences for a driver's licence and their ability to hold a commercial driver's licence.

Insurance consequences: A hit-and-run conviction (whether criminal or territorial) will be disclosed to your auto insurer on renewal. A conviction under section 320.16 will typically result in significant premium increases, placement in the high-risk insurance pool, or policy cancellation. Drivers who cannot obtain standard market coverage in Yukon can apply through Facility Association, which serves as the residual market mechanism ensuring that eligible drivers can still obtain mandatory auto insurance.

Driving record: Both Criminal Code driving convictions and Motor Vehicles Act convictions appear on a Yukon driver's record. A section 320.16 conviction is also recorded in the national driver safety system used by commercial carriers.

What If the Other Driver Flees? Unidentified Drivers and Insurance in Yukon

If you are struck by a driver who leaves the scene and cannot be identified, you still have options for compensation under Yukon's insurance framework. Yukon operates a private auto-insurance market; there is no territorial public insurer comparable to ICBC in British Columbia or MPI in Manitoba.

Uninsured Automobile Coverage

Standard auto insurance policies sold in Yukon include Uninsured Automobile Coverage (sometimes referred to as Section B coverage or listed as a separate endorsement). This coverage responds to bodily injury claims arising from collisions with unidentified or uninsured drivers. Where you are injured by a hit-and-run driver who cannot be identified, your own insurer's Uninsured Automobile Coverage is the primary route to compensation.

To make a claim under Uninsured Automobile Coverage for a hit-and-run by an unidentified driver, most Yukon insurers require that the accident be reported to the RCMP promptly and that the driver make reasonable efforts to identify the other vehicle. Contact your insurer as soon as possible after a hit-and-run collision.

SEF 44 Family Protection Endorsement

Many Yukon drivers also carry the SEF 44 Family Protection Endorsement on their auto policy. This endorsement tops up your own insurer's payment to match the amount you could have recovered from a fully insured at-fault driver. It is particularly valuable where the at-fault driver is uninsured or unidentified, as it ensures you are not left significantly under-compensated simply because the other driver fled the scene.

Facility Association

Facility Association is an unincorporated non-profit association of insurers that operates across Canada's private-market jurisdictions, including Yukon. Its primary role is to act as a residual market mechanism, ensuring that drivers who cannot obtain auto insurance in the standard market can still obtain the mandatory minimum coverage required by law. Facility Association does not itself pay out hit-and-run compensation claims; rather, it ensures that drivers are insured so that standard insurance protections (including Uninsured Automobile Coverage) remain available.

Steps to take if you are the victim of a hit and run in Yukon:

1. Call 911 immediately if anyone is injured.
2. Report the collision to the RCMP as soon as possible; this is required and is essential for any insurance claim.
3. Note any details about the fleeing vehicle, including the licence plate, colour, make, model, and direction of travel.
4. Gather contact information from any witnesses.
5. Take photographs of the scene, your vehicle's damage, and any physical evidence left by the other vehicle.
6. Notify your own insurer promptly; Yukon policies typically require prompt notice, and delay can affect your claim.
7. Ask your insurer about Uninsured Automobile Coverage and whether the SEF 44 endorsement applies to your situation.

What Makes Yukon Unique: Territory-Specific Context

Yukon's geography and road network make certain aspects of its hit-and-run law especially important to understand.

Remote roads and sparse policing: Yukon has a small population spread across a vast territory. Many collisions occur on remote stretches of highway far from the nearest RCMP detachment or emergency services. The Criminal Code and Motor Vehicles Act duties to stop and offer assistance are especially important in this context. A driver who leaves an injured person on a remote Yukon highway faces not only criminal liability but also the very real risk that the victim will not receive timely help.

RCMP jurisdiction: Unlike most southern Canadian provinces, Yukon has no municipal police forces of any significant size. The RCMP serves as the only territorial police authority. All collision reports go to the RCMP, either by calling the local detachment or by attending in person.

Private insurance market with limited residual alternatives: Unlike British Columbia, Quebec, Manitoba, and Saskatchewan, Yukon has no public auto insurer. If you are involved in a hit-and-run as a victim, your primary avenue for compensation is your own insurance policy. Ensuring that your policy includes adequate Uninsured Automobile Coverage and, ideally, the SEF 44 endorsement is particularly important in a territory where the residual options are more limited than in public-insurer provinces.

Wildlife collisions: A significant proportion of collisions in Yukon involve large wildlife such as moose and bison. These are not "hit and run" incidents in the criminal sense; the Criminal Code offence applies to accidents involving a "person or another conveyance," not wildlife. Drivers should, however, be aware that the Motor Vehicles Act reporting duties may still apply to collisions causing significant property damage to one's own vehicle. Always carry appropriate emergency equipment when travelling on Yukon highways.

Recent Changes to Canadian Hit and Run Law

18 December 2018: Section 320.16 replaced section 252

The most significant development in Canadian hit-and-run law in recent decades was the enactment of Part VIII.1 of the Criminal Code by Bill C-46 (SC 2018, c 21), which came into force on 18 December 2018. Section 320.16 replaced the former section 252 in its entirety. Key differences include the use of the broader term "conveyance," the removal of the old section 252(2) evidentiary presumption, and the modernised mens rea requiring the Crown to prove knowledge or recklessness rather than relying on a statutory presumption.

The 2018 Act also restructured the penalty provisions, creating a cleaner three-tier framework and establishing clearer mandatory minimums for the bodily harm and death tiers. For drivers in Yukon, as for all Canadians, section 320.16 is the governing provision. Section 252 no longer exists in any operative sense.

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