Provincial Offences
What happens if you are charged with failing to remain at or report a collision?
Last updated October 8, 2026.
After a collision on an Ontario highway, every driver involved must stay at or return to the scene, give all possible help, and give their name, licence and insurance details on request (Highway Traffic Act, s. 200). Failing to remain carries a fine of $400 to $2,000, up to six months in jail, a possible licence suspension of up to two years, and 7 demerit points. Separately, a collision with injuries or damage apparently over $5,000 must be reported to police right away (s. 199).
These two charges can be laid together with careless driving, and they are easy to commit by accident: a driver who exchanges details but does not report a $6,000 collision, or who leaves a minor scrape without leaving information, can be charged. Our page on provincial offences help in Ontario explains how Carson Frankum, a licensed paralegal in Hamilton, approaches these cases. This guide sets out the duties, the penalties and what can change the result.
What does Ontario law require after a collision, step by step?
The Highway Traffic Act uses the word "accident." It applies to every person in charge of a vehicle that is "directly or indirectly involved," so you do not have to be the one at fault.
- Stop and stay. Remain at the scene, or return to it immediately (s. 200(1)(a)). Section 200 applies where the collision occurs on a highway, which the Act defines broadly to include any street, driveway or place intended for or used by the general public for the passage of vehicles (s. 1(1)).
- Help. Render all possible assistance (s. 200(1)(b)).
- Give your details in writing on request. To anyone who suffered loss or injury, to any police officer, or to any witness (s. 200(1)(c)). The information is listed in the table below.
- Decide whether to report to police. Report immediately to the nearest police officer if anyone was injured, if property damage apparently exceeds $5,000, or if an open or opening car door hit a cyclist, a bicycle or a moving vehicle (s. 199(1); O. Reg. 596, s. 11).
- Report where you are told to. If the officer directs you to report at a specified location, go there right away and report to a police officer there (s. 199(1.1)). If the driver cannot report because of injury, another occupant must (s. 199(2)).
- The police report goes to the Ministry. The officer completes a written report and forwards it to the Registrar within ten days of the collision (s. 199(3)).
| Item |
|---|
| Your name and address |
| Your driver's licence number and the jurisdiction that issued it |
| Your motor vehicle liability insurer and policy number |
| The name and address of the vehicle's registered owner |
| The vehicle permit number |
Having no insurance details to give is its own problem; see what happens if you are caught driving without insurance.
What are the penalties?
| Failing to remain (s. 200) | Failing to report (s. 199) | |
|---|---|---|
| What it covers | Not staying, not helping, or not giving the required details | Not reporting a collision with injury, damage apparently over $5,000, or dooring |
| Fine on conviction | $400 to $2,000 | $60 to $1,000 (general penalty, s. 214(1)) |
| Jail | Up to six months, instead of or as well as the fine | None set |
| Licence suspension | Court may suspend up to two years | None set by the section |
| Demerit points | 7 | 3 |
Seven points is the highest number in the demerit table, shared only with failing to stop for police. It puts a fully licensed driver past the 6-point warning letter on its own, and a novice driver close to the 9-point suspension. Our page on how demerit points add up shows the thresholds.
What changes the answer?
How the charge was laid
If the charge comes as a Part I offence notice (a ticket), the Provincial Offences Act caps the penalty at a $1,000 fine with no jail (s. 12(1)). The full range in section 200, including jail, needs a Part III summons, where you must attend court and cannot simply pay. Check the heading of your document to see which one you have.
A court-ordered suspension
If the court's sentence includes a licence suspension, no demerit points are recorded for that conviction (O. Reg. 339/94, s. 3(1)). Section 200 is not one of the exceptions to that rule, which apply only to phone offences and stunt driving. So the result is either the 7 points or a suspension of up to two years, not both.
Several charges from the same collision
If you are convicted of two or more offences from the same circumstances and no suspension is ordered, only the conviction with the most points is recorded (O. Reg. 339/94, s. 3(2)). A conviction for failing to remain (7) alongside careless driving (6) would record 7.
Whether the damage really was over $5,000
The reporting duty turns on damage "apparently exceeding" the prescribed amount, which is now $5,000 (O. Reg. 596, s. 11, as amended by O. Reg. 160/24). Repair costs on modern vehicles can pass that quickly, so the safer course when in doubt is to report. Collisions with any personal injury must be reported whatever the damage.
Dooring
A parked or stopped car is treated as involved in a collision if its open or opening door hits a cyclist, a bicycle or a moving vehicle (s. 200(1.1)). That collision must be reported to police even if damage is small (s. 199(1)(b)).
Novice drivers
Failing to remain is a 7-point offence, so for a G1 or G2 driver it also counts toward the novice escalating suspensions, starting at 30 days for a first conviction. See what happens when a G1 or G2 driver gets a ticket.
A criminal charge instead
Leaving a collision can also be charged under section 320.16 of the Criminal Code, which applies where the driver knows, or is reckless as to whether, the vehicle was involved in a collision with a person or another vehicle and fails without reasonable excuse to stop, give a name and address, and offer help to anyone injured. That is a criminal case, not a provincial offence. The Law Society's By-Law 4 allows a licensed paralegal to appear on a section 320.16(1) charge in summary conviction court, but charges involving bodily harm or death under section 320.16(2) or (3) are outside paralegal scope, and you would need a lawyer.
Appeals
An appeal from a justice of the peace on a summons case goes to a judge of the Ontario Court of Justice, which a licensed paralegal can handle. An appeal from a provincial judge goes to the Superior Court of Justice (Provincial Offences Act, s. 116(2)), where a lawyer is needed.
A worked example
For example, imagine a Hamilton driver named Theo who clips the rear bumper of another car while changing lanes on a city street. Both drivers pull over, look at the dents, and agree it is minor. Theo writes his name and phone number on a scrap of paper and leaves. A week later, the other driver's body shop estimates the repair at $6,200, and the other driver goes to police.
Theo may now face two problems. He did not give the other driver his licence number, insurer, policy number, owner details and permit number, which section 200 requires on request, so a failing to remain charge is possible if the other driver asked for them. And because the damage was over $5,000, the collision should have been reported to police right away under section 199. If both charges were laid by summons and he were convicted of both with no suspension, only the higher-point conviction (7 points) would be recorded. Theo might ask for disclosure, review what was actually requested at the scene, and discuss a resolution with the prosecutor. None of this has a set outcome. Theo is a made-up person, and this is not a real case or a result anyone obtained.
The other driver's repair claim is a separate civil matter, usually through insurance or, where it is not covered, through a Small Claims Court claim for vehicle damage.
Common mistakes drivers make after a collision
- Leaving after a "friendly" agreement. A handshake does not replace the written details the Act requires on request, or the duty to report when damage is over $5,000.
- Guessing the damage is small. The threshold is damage that apparently exceeds $5,000. Bodywork, sensors and lights add up fast.
- Not returning to the scene. Section 200 allows you to "immediately return." Coming back hours later, after the vehicles are gone, may not meet that.
- Talking about fault in the report without thinking. The report is about what happened. Keep it factual and get advice before making any further statement about fault.
- Paying a ticket without checking the points. A 7-point conviction can push you into an interview or suspension range, especially with other recent tickets.
- Ignoring a summons. A summons requires you to attend; our article on your rights during a traffic stop in Ontario covers dealing with police more generally.
What to do this week
- Write down everything you remember: time, place, vehicles, damage, who said what, and what information was asked for and given.
- Gather photos, repair estimates and the other driver's details.
- If the collision has not been reported and it involved injury or damage over $5,000, contact police now.
- Read your ticket or summons: note the section number, whether it is Part I or Part III, and the court date or 15-day deadline.
- Tell your insurer about the collision as your policy requires.
- For a ticket, consider an early resolution meeting with the prosecutor; for a summons, request disclosure early and get advice from a licensed paralegal before your first court date.
Frequently asked questions
Do I have to report a collision if nobody was hurt?
Only if damage to property apparently exceeds $5,000 or it was a dooring collision with a cyclist, a bicycle or a moving vehicle (s. 199(1)). You must still remain and give your details under section 200 whatever the damage.
What if I hit a parked car and the owner is not there?
Section 200 requires you to give your details in writing to anyone who suffered loss, to police, or to a witness on request. If damage may be over $5,000, the reporting duty in section 199 also applies, so contacting police is the safe course.
Does it matter if I was not at fault?
No. The duties apply to every person in charge of a vehicle "directly or indirectly involved" in the collision, whoever caused it.
Can I report the collision later?
The Act says to report "immediately" to the nearest police officer, or at a location the officer directs. A long delay can itself lead to a failing to report charge.
Will a failing to remain conviction count if I got it in another province?
The Ministry's demerit point guide lists failing to remain at or return to the scene of a collision as one of the out-of-province convictions that add points to an Ontario record.
Can a licensed paralegal defend a failing to remain charge?
Yes, for the Highway Traffic Act charge. A licensed paralegal may represent you in Provincial Offences Act proceedings before the Ontario Court of Justice (Law Society of Ontario By-Law 4, s. 6). Criminal charges involving injury or death are outside that scope.
Sources
- Highway Traffic Act, R.S.O. 1990, c. H.8, ss. 1, 199, 200, 214 (Ontario e-Laws)
- R.R.O. 1990, Reg. 596, General, s. 11 (Ontario e-Laws)
- O. Reg. 339/94, Demerit Point System (Ontario e-Laws)
- Provincial Offences Act, R.S.O. 1990, c. P.33, ss. 12, 116 (Ontario e-Laws)
- Criminal Code, s. 320.16 (Justice Laws Website)
- Understanding demerit points (Ministry of Transportation, ontario.ca)
- By-Law 4, Licensing, s. 6 (Law Society of Ontario)
Need help with a provincial offence? Contact us today for legal support.
This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.