Failure to Remain

Failing to remain at the scene of an accident is an offence under the Criminal Code as well as Ontario’s Highway Traffic Act (HTA).

Under s. 320.16 of the Criminal Code, 320.16 (1) 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 :

• To stop the conveyance;
• Give their name and address; and,
• Offer assistance to any party that is injured or appears to require assistance

Under s. 200(1) of HTA, where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident must:

• Remain at or immediately return to the scene;
• Render all possible assistance; and
• Upon request, provide in writing to any police officer, witness or party that has suffered a loss or injury:
  • His or her name
  • Driver’s licence number and issuing Province or Territory
  • The vehicle’s insurance policy number and insurer
  • The name and address of the vehicle’s registered owner and the vehicle’s permit number

The provisions governing both offences are unique—unlike most Criminal Code or HTA provisions, which make it an offence for individuals to act in the specified manner, the provisions governing failing to remain make it an offence for individuals not to act in the specified manner. In other words, individuals who have been in an accident have a positive duty to provide certain information and render assistance to any parties requiring it. It is an offence for individuals not to discharge their duties.

Failing to remain at the scene of an accident can result in fines, jail time, driving prohibitions, suspensions, demerit points, and increased insurance costs. If you have been in an accident with another person or vehicle, it is best to consult with an experienced criminal defence lawyer immediately to ensure that you comply with your statutory obligations while protecting your legal interests.