i.
What the charge means
Section 200 of the HTA requires drivers involved in an accident to stop, render assistance, and provide their name, address, and licence information.
Highway Traffic Act s.200
Fail to Remain charges in Ontario.
Quick Answer
Failing to remain at the scene of an accident in Ontario is a serious HTA offence carrying 6 demerit points, fines, and potential licence suspension — and if injury or death is involved, it can escalate to a Criminal Code charge. Whether a duty to remain was triggered, and whether you had knowledge of the accident, are the key issues on these files.
Leaving the scene of a collision without stopping or providing required information. Carries severe demerit and insurance consequences, plus possible imprisonment.
- Charge
- Highway Traffic Act s.200
- Jurisdiction
- All of Ontario
- Consultation
- Free & Confidential
ii.
Penalties
Fine $400–$2,000; up to 6 months imprisonment; 7 demerit points; licence suspension up to 2 years; major insurance impact.
iii.
Available defences
- No knowledge of collision
- Necessity
- Identification
- Defective notice
iv.
The process
Disclosure, witness statements, dash-cam review where available, pre-trial resolution.
Common Questions
What is fail to remain at the scene of an accident in Ontario?
- Under HTA s.200, a driver involved in an accident must stop, give their name, address, and licence information, and render assistance. Failing to do so is the offence of fail to remain.
What are the penalties for fail to remain under the HTA?
- A conviction carries a fine of $400–$2,000, up to six months imprisonment, 7 demerit points, a licence suspension of up to two years, and a major insurance impact.
When does fail to remain become a criminal charge?
- Where the accident involves bodily harm or death, the matter can be charged criminally under the Criminal Code (fail to stop after accident), which carries far heavier penalties.
Can a fail to remain charge be defended?
- Yes. The key issues are usually whether you had knowledge of the collision and whether a duty to remain was actually triggered — both can be contested with disclosure and witness evidence.
Charged with fail to remain?
Defence starts with a conversation.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.