Ontario · Highway Traffic Act, s.200 (Ontario)
Fail to Remain in Ontario
Leaving the scene of a collision under s.200 of the Highway Traffic Act. Seven demerit points — the maximum the Ontario system imposes — plus jail exposure and a licence suspension of up to two years.
Tell us what you're facing.
What is fail to remain?
Section 200 of the Highway Traffic Act requires any person in charge of a vehicle involved in a collision to remain at or immediately return to the scene, render all possible assistance, and — on request — give their name, address, driver's licence number, insurance particulars and the vehicle owner's details to anyone sustaining loss or injury, to a police officer, or to a witness.
Three points about this charge are widely misunderstood:
- There is no damage threshold. The section is engaged by a collision, not by a dollar figure. Clipping a mirror in a parking lot can support the charge.
- You do not have to have hit another person. Striking an unattended vehicle, a fence, or municipal property engages the duty.
- It is separate from the Criminal Code. Section 320.16 of the Criminal Code creates a parallel failure-to-stop offence. Which one is laid depends on the circumstances and, critically, on whether the Crown alleges an intent to escape civil or criminal liability. A s.200 HTA charge is serious; a Criminal Code charge is a different order of problem.
Fail to remain is prosecuted as a Part III matter — you are served with a summons rather than a set-fine ticket, and the matter is set down for court. There is no option to simply pay it.
Penalties
| Tier | Fine | Demerit points | Licence suspension | Jail | Procedure |
|---|---|---|---|---|---|
| Fail to remain (HTA s.200) | $400 – $2,000 | 7 | Up to 2 years | Up to 6 months | Part III summons |
Insurance impact
Insurers classify fail to remain as a serious conviction — the same tier as impaired driving and racing. In practice it means standard-market coverage is usually withdrawn at renewal and the driver moves to the high-risk market, often at several times the previous premium, for at least three years.
Licence & record impact
Seven demerit points is the highest single-offence total in the Ontario system, and for a fully licensed driver 15 points means suspension. The conviction sits on the abstract for three years and, because of how it reads, causes problems well beyond insurance — employer driving checks and U.S. border questions among them.
How this charge is defended
Section 200 charges frequently turn on knowledge. The prosecution must establish that you were involved in a collision and failed to fulfil the statutory duty. Where a driver genuinely did not realise contact had occurred — a low-speed touch in traffic, loud road noise, a blind quarter-panel — that is a live issue, not a technicality.
The disclosure work matters enormously here:
- Damage evidence. Photographs of both vehicles, the height and location of the damage, and whether the contact would have been perceptible from the driver's seat.
- Identification. Many fail-to-remain files rest on a plate number reported by a witness. Whether that witness could reliably read the plate, and whether the registered owner was the driver, are separate questions.
- Video. Dashcam, parking-lot surveillance and municipal cameras often resolve the question of what actually happened, in either direction.
- Whether the duty was discharged. A driver who left a note, returned shortly afterwards, or reported the collision to police may well have satisfied s.200 even if the other party says otherwise.
Given the 7 demerit points and the insurance classification, the realistic objective on many of these files is resolution to a lesser charge — for example, an offence under s.199 (failing to report) or a careless driving charge — that does not carry the same catastrophic consequences. Whether that is achievable depends entirely on what the disclosure shows.
If there is any suggestion of a Criminal Code charge alongside the HTA matter, get advice immediately. The two proceed on different tracks and the stakes are not comparable.
Where we appear
We defend this charge at Provincial Offences courts across Ontario. Your matter is heard where the ticket was issued, not where you live.
Fail to Remain — common questions
How many demerit points is fail to remain in Ontario?
Seven — the maximum for any single offence in the Ontario demerit system. For a fully licensed driver, accumulating 15 points results in suspension, so a single fail-to-remain conviction takes you almost half way there on its own.
What if I didn't know I hit anything?
That is one of the most common and most viable defences. Section 200 requires knowledge of involvement in a collision. Low-speed contact is genuinely imperceptible in some vehicles and conditions. The damage photographs, its height and location, and the circumstances of the contact are all relevant to whether a driver could reasonably have known.
Is fail to remain a criminal charge?
Not under s.200 of the Highway Traffic Act — that is a provincial offence. But the Criminal Code contains a parallel failure-to-stop offence under s.320.16, which is criminal and much more serious. Which is laid depends on the circumstances, particularly whether an intent to avoid liability is alleged. If you are facing a Criminal Code charge, seek advice immediately.
Does it count if I only hit a parked car or a fence?
Yes. The duty under s.200 is engaged by involvement in a collision, with no minimum damage threshold and no requirement that another person was present. Striking an unattended vehicle or property and driving off can support the charge.
Will fail to remain affect my insurance?
Severely. Insurers place it in the serious conviction tier alongside impaired driving. Standard-market coverage is typically withdrawn at renewal and the driver is moved to the high-risk market for at least three years, frequently at several times the previous premium.