Hit and Run in Canada: Failure to Stop After an Accident

In Canada, a “hit and run” is the criminal offence of failure to stop after an accident. If you are driving a vehicle, vessel, aircraft or railway equipment and you know, or are reckless as to whether, it has been involved in an accident with a person or another vehicle, you must stop, give your name and address and, if anyone is injured or appears to need help, offer assistance. Leaving the scene is a crime even if the collision was not your fault. Provincial traffic laws add separate duties, such as reporting collisions to police above a damage threshold and stopping after hitting unattended property.

What the law says

Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who 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.

What the Crown must prove

• You were operating the vehicle or other conveyance;
• it was involved in an accident with a person or another conveyance;
• you knew, or were reckless as to whether, it had been involved; and
• you failed, without reasonable excuse, to stop, give your name and address and offer help where needed.

Heavier offences apply if you also knew, or were reckless as to whether, the accident caused bodily harm (s. 320.16(2)) or death (s. 320.16(3)).

Penalties

• Failure to stop (s. 320.16(1)): hybrid; up to 10 years by indictment (s. 320.19(5)).
• Accident causing bodily harm (s. 320.16(2)): hybrid; up to 14 years by indictment, with minimum penalties of a $1,000 fine for a first offence, 30 days for a second and 120 days for each subsequent offence (s. 320.2).
• Accident causing death (s. 320.16(3)): indictable; up to life imprisonment, with the same minimums (s. 320.21).
• On summary conviction (non-fatal cases): up to 2 years less a day and/or a fine of up to $5,000.
• Driving prohibition: the court can prohibit driving for up to 10 years (plus any jail time) for failure to stop or when someone was injured, and for any period it considers appropriate when someone died (s. 320.24). Provincial licence suspensions and insurance consequences follow too.

Common defences

• No knowledge: you did not know, and were not reckless about, the collision, for example a light contact you could not have noticed.
• Reasonable excuse: you left to get help, to go to hospital, or because staying put you in real danger, and you contacted police promptly.
• Identity: the Crown must prove who was driving; video, paint transfer and vehicle damage are often contested.
• You did stop and identify yourself: the duties were met even if you later left.

If you were involved in a collision and left: speak to a criminal lawyer before contacting police. Going to police with a lawyer, early, often matters a great deal to how the case is treated.

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). The waiting period is 5 years if the Crown proceeded summarily and 10 years if it proceeded by indictment, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). More from the Parole Board.

Frequently asked questions

Is leaving the scene of an accident a criminal offence in Canada?

Yes. Under s. 320.16 of the Criminal Code, a driver who knows or is reckless as to whether their vehicle was in an accident with a person or another vehicle must stop, give their name and address and offer help to anyone injured. Failing to do so carries up to 10 years.

What is the penalty for a hit and run that injures or kills someone?

Up to 14 years if someone was injured and up to life imprisonment if someone died, with minimum penalties for repeat offenders and long driving prohibitions.

Is it a hit and run if the accident was not my fault?

Yes. The offence is about failing to stop and identify yourself, not about who caused the collision. Every driver involved has the same duties.

Related offences

• Dangerous Driving in Canada
• Impaired Driving in Canada
• Dangerous Driving and Evading Police
• Driving While Prohibited in Canada
• Criminal Negligence Causing Death

Sources

• Criminal Code, s. 320.16
• Criminal Code, s. 320.19
• Criminal Code, s. 320.2
• Criminal Code, s. 320.21

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.