The offence commonly referred to as “hit and run” can be prosecuted under the Motor Vehicle Act or the Criminal Code. It is also referred to as failing to remain or failing to stop at the scene of an accident.
Motor Vehicle Act – Failing to Remain at Scene
Under Section 68 of the Motor Vehicle Act, the driver of a vehicle that is, directly or indirectly, involved in an accident on a highway must remain at or immediately return to the scene of the accident and render all reasonable assistance. Failure to do so is an offence under Section 75 of the Motor Vehicle Act, and upon conviction the driver is liable to a fine of not more than $2,000 or to imprisonment for not more than 6 months, or to both, under Section 4 of the Offence Act.
Criminal Code – Failing to Stop to Escape Civil or Criminal Liability
Under Section 252 of the Criminal Code, a person who has care or control of a vehicle that is involved in an accident with another vehicle or another person and fails to stop and give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance, commits an offence if his or her intent is to escape civil or criminal liability.
The punishment for failing to stop is a jail sentence of up to 6 months if prosecuted summarily and a jail sentence of up to 5 years if prosecuted by indictment.
More severe penalties apply if the accident in question caused bodily harm or death.