History of Failure to Stop or Remain at Scene of Accident

1999 to 2018

An Act to amend the Criminal Code (impaired driving and related matters), S.C. 1999, c. 32

Until December 18, 2018, the offence read as follows:

Failure to stop at scene of accident

252 (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

(a) another person,

(b) a vehicle, vessel or aircraft, or

(c) in the case of a vehicle, cattle in the charge of another person,

and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Punishment

(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

Offence involving bodily harm

(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Offence involving bodily harm or death

(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

(a) the person knows that another person involved in the accident is dead; or

(b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.

...
R.S., 1985, c. C-46, s. 252; R.S., 1985, c. 27 (1st Supp.), s. 36; 1994, c. 44, s. 12; 1999, c. 32, s. 1(Preamble).

– CCC (CanLII), (DOJ)

Criminal Law Amendment Act, S.C. 1994, c. 44

The places "one" with "person", "his" with "the", "his name" with "his or her name", "two" with "five".

Criminal Law Amendment Act, R.S.C. 1985, c. 27 (1st Supp.)

Subsections 221(1), 221(3), 226A(5) and 226A(6) were removed and s. 252 was added:

Failure to stop at scene of accident

252 (1) Every one who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

(a) another person,

(b) a vehicle, vessel or aircraft, or

(c) in the case of a vehicle, cattle in the charge of another person,

and with intent to escape civil or criminal liability fails to stop his vehicle, vessel or, where possible, his aircraft, give his name and address and, where any person has been injured or appears to require assistance, offer assistance, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

Evidence

(2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has ben injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.

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An Act to amend the Criminal Code, S.C. 1960-61, c. 43

Sections 226A(5) and (6) were created:

226A
...

Failing to stop at scene of accident

(5) Every one who, having the care, charge or control of a vessel that is involved in an accident with a person or another vessel in charge of a person, with intent to escape civil or criminal liability fails to stop his vessel, give his name and address and, where any person has been injured or appears to require assistance, offer assistance, is guilty of

(a) an indictable offence and is liable to imprisonment for two years, or

(b) an offence punishable on summary conviction.

Prima facie evidence

(6) In proceedings under subsection (5), evidence that an accused failed to stop his vessel, offer assistance where any person has been injured or appears to require assistance and give his name and address is prima facie evidence of an intent to escape civil or criminal liability.

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Criminal Code, 1953-54, c. 51

Subsections 221(2) and (3) were replaced as follows:

221
...

Failing to stop at scene of accident

(2) Every one who, having the care, charge or control of a vehicle that is involved in an accident with a person, vehicle or cattle in charge of a person, with intent to escape civil or criminal liability fails to stop his vehicle, give his name and address and, where any person has been injured, offer assistance, is guilty of

(a) an indictable offence and is liable to imprisonment for two years, or

(b) an offence punishable on summary conviction.

Prima facie evidence

(3) In proceedings under subsection (2), evidence that an accused failed to stop his vehicle, offer assistance where any person has been injured and give his name and address is prima facie evidence of an intent to escape civil and criminal liability.

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An Act to amend the Criminal Code, S.C. 1947, c. 55

Section 285(2) was modified by replacing "shall be" with "is". The phrase "five hundred" is replaced by "one thousand" and "six months" is replaced by "twelve months".

An Act to amend the Criminal Code, S.C. 1938, c. 44

Section 285(2) was repealed and replaced:

285
...

Liability of driver of car for failure to stop after accident happened

(2) Whenever, owing to the presence of a motor car on the highway, an accident has occurred to any person or to any horse or vehicle in charge of any person, any person driving the motor car shall be guilty of an offence and liable, either on indictment or on summary conviction to a fine not exceeding five hundred dollars and costs or to imprisonment for a term not exceeding six months if, with intent to escape liability either civil or criminal, he fails to stop his car, tender assistance, and give his name and address. Such failure shall be prima facie evidence of an intent as aforesaid.

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Criminal Code, RSC 1927, c. 36

Section 285A was renumbered as 285(2).

1910

An Act to amend the Criminal Code respecting injuries to persons due to Motor Vehicles, S.C. 1910, c. 13.

Section 285A was created and read:

Liability of driver of car for failure to stop after accident happens

285A Whenever, owing to the presence of a motor car on the highway, an accident has occurred to any person or to any horse or vehicle in charge of any person, any person driving the motor car shall be liable on summary conviction to a fine not exceeding fifty dollars and costs or to imprisonment for a term not exceeding thirty days if he fails to stop his car and, with intent to escape liability either civil or criminal, drives on without tendering assistance and giving his name and address.

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