Quebec Hit-and-Run Laws: Criminal Code & SAAQ Rights

Quebec Hit-and-Run Laws: What Every Driver and Victim Needs to Know

A hit-and-run collision in Quebec triggers obligations under two distinct legal regimes at the same time. The federal Criminal Code imposes the most serious consequences: criminal charges, a criminal record, and potential imprisonment. The provincial Highway Safety Code adds its own duties and penalties that apply whether or not the criminal threshold is met. Understanding both layers is essential whether you are a driver trying to meet your obligations at an accident scene or a victim trying to get compensated after a fleeing driver leaves you behind.

This guide covers all of it: the criminal law, the provincial traffic law, and the practical roadmap for SAAQ compensation that makes Quebec's system uniquely protective of accident victims.

The Federal Criminal Offence: Criminal Code s. 320.16

Every hit-and-run offence in Canada, including Quebec, begins at the federal level. The governing provision is s. 320.16 of the Criminal Code, RSC 1985, c C-46, which came into force on 18 December 2018 as part of SC 2018, c. 21 (formerly Bill C-46). It replaced the former s. 252 (failure to stop at scene of accident), which was repealed by s. 14 of the same Act.

Section 320.16 creates three tiers of liability based on the severity of harm:

Basic offence (s. 320.16(1)): A driver commits an offence if they know, or are reckless as to whether, their conveyance has been involved in an accident with a person or another conveyance and they fail, without reasonable excuse, to stop, give their name and address, and offer assistance if anyone is injured or appears to need help. This is a hybrid offence: prosecuted summarily or by indictment at the Crown's election.

Bodily harm (s. 320.16(2)): The offence is elevated where the driver knew or was reckless as to whether the accident caused bodily harm to another person. The maximum penalty on indictment rises to 14 years imprisonment.

Death (s. 320.16(3)): The most serious form applies where the driver knew or was reckless as to whether the accident caused the death of another person, or bodily harm leading to death. This is a straight indictable offence with a maximum of life imprisonment.

Penalties at a Glance

A criminal conviction under s. 320.16 results in a criminal record. The court may also order a driving prohibition (s. 320.24(4)-(5)): up to 10 years plus any prison term for offences under s. 320.16(1) and (2), and any period the court considers appropriate where the offence carries life imprisonment. In Quebec, the conviction also revokes the licence, explained below.

The Repealed Presumption: Why It Matters

Older Canadian legal guides sometimes still reference s. 252(2) of the Criminal Code and a presumption that failing to stop was, in the absence of contrary evidence, proof of intent to escape civil or criminal liability. That provision was repealed when s. 252 was replaced by s. 320.16. The current offence is built on knowledge or recklessness as the required mens rea element. There is no statutory presumption of guilt in s. 320.16. The Crown must prove that the driver knew, or was reckless as to whether, the conveyance was involved in an accident. A driver who genuinely did not know an accident had occurred is not automatically guilty under the current law, though proving that will require credible evidence.

"Conveyance" Is Broader Than "Motor Vehicle"

Section 320.11 of the Criminal Code defines "conveyance" as a motor vehicle, vessel, aircraft, or railway equipment. Section 320.16 therefore applies to collisions involving any of these, not only cars and trucks.

Reasonable Excuse

Section 320.16(1) makes the failure an offence only if it is "without reasonable excuse". The Code does not define what counts as a reasonable excuse; whether it applies depends on the facts of each case.

Provincial Law: The Highway Safety Code

Quebec's Highway Safety Code (Code de la sécurité routière), CQLR c C-24.2, governs driving in Quebec independently of the Criminal Code. Its accident duties apply to an accident on any road or land (s. 166.1), so parking lots are included. They are split across four sections:

• Section 168: the driver of a road vehicle involved in an accident must remain at the scene or return to it immediately and give necessary assistance to anyone who suffered damage or injury.
• Section 169: where anyone suffered bodily injury, the driver must call a peace officer.
• Section 170: the driver must give the peace officer at the scene, or the person who suffered damage, their name and address, licence number, the name and address of the registered owner, the certificate of insurance or financial responsibility, and the vehicle's plate number.
• Section 171: if the driver hits an animal weighing more than 25 kg, an unoccupied road vehicle or another inanimate object and the owner or their representative cannot be reached at or near the scene, the driver must contact the nearest police station without delay to report the accident and give the section 170 information.

Leaving the scene without complying with these obligations is a provincial penal offence distinct from the criminal charge. Breaching s. 168 or s. 169 carries a fine of $600 to $2,000 (s. 179); breaching s. 170 or s. 171 carries a fine of $200 to $300 (s. 178). A conviction for any of these offences adds 9 demerit points to the driver's record. A driver can face both a provincial charge under the Highway Safety Code and a federal criminal charge under s. 320.16 for the same incident. The two proceedings are separate, and an acquittal or guilty plea in one does not automatically resolve the other.

Reporting to Police: The 48-Hour Rule

When a collision involves an unidentified driver and you intend to claim property damage compensation from SAAQ, you must report the hit-and-run to a police service no later than 48 hours after the incident. This 48-hour deadline is a hard requirement for SAAQ property damage eligibility, not just a best practice. Filing a report promptly also creates the paper trail that investigators need to identify the offending driver.

The Highway Safety Code sets no property-damage threshold for calling police. The driver involved must call a peace officer whenever anyone suffered bodily injury (s. 169) and, for an animal, unoccupied vehicle or object whose owner cannot be reached, contact the nearest police station without delay (s. 171). These duties do not depend on a compensation claim.

SAAQ: Quebec's Public No-Fault Bodily Injury System

Quebec's most significant departure from most other Canadian provinces is its public automobile insurance plan, administered by the SAAQ (Société de l'assurance automobile du Québec). Bodily injury compensation is paid regardless of anyone's fault (Automobile Insurance Act, s. 5). A victim who resides in Quebec is entitled to compensation whether the accident happens in Quebec or elsewhere (s. 7), and for an accident in Quebec the owner, driver or passenger of a Quebec-registered automobile is deemed to reside in Quebec (s. 8). This includes victims struck by drivers who flee the scene and are never identified.

A non-resident injured in an accident in Quebec is compensated only to the extent they are not responsible for the accident, unless the SAAQ has a different agreement with their home jurisdiction (s. 9). Some accidents are excluded from the plan, for example those caused by a snowmobile or off-road vehicle, or occurring during a race or competition on a closed course (s. 10).

What "No-Fault" Means in Practice

In a fault-based system, a victim of a hit-and-run by an unidentified driver faces a serious practical problem: there is no defendant to sue. In Quebec, that problem does not arise for bodily injury. The victim files directly with SAAQ. Fault, negligence, and the identity of the at-fault driver are irrelevant to a Quebec resident's bodily injury claim. The SAAQ steps in as the compensating body regardless of whether the other driver is ever found.

The right to compensation is prescribed three years after the accident or after the injury appears (s. 11). The SAAQ may allow a later claim if the person could not act sooner for serious and legitimate reasons.

This is a meaningful protection for hit-and-run victims. A pedestrian knocked down by a driver who speeds away, or a cyclist struck at night with no witnesses, has the same entitlement to SAAQ bodily injury benefits as if the driver had stopped and been fully insured.

What SAAQ Covers for Bodily Injury

SAAQ bodily injury benefits include a broad range of indemnities and services:

Income replacement: If the injury prevents you from working, SAAQ provides replacement income based on your earnings, subject to the plan's formulas and maximums.

Medical and rehabilitation costs: Healthcare, medication, medical supplies, rehabilitation services, and occupational reintegration programs are covered.

Personal assistance and home adaptation: If the injury requires home care assistance or modifications to your home or vehicle to accommodate a disability, SAAQ covers these.

Death benefits: Beneficiaries of a person killed in a traffic accident receive death benefits under the plan, again without needing to establish fault.

SAAQ bodily injury coverage applies to traffic accidents occurring in Quebec and, in the case of Quebec residents, to accidents elsewhere in Canada or anywhere in the world.

What SAAQ Does Not Cover for Bodily Injury

SAAQ compensation stands in lieu of all rights and remedies for bodily injury, and no action on that ground may be admitted before a court (s. 83.57). You cannot sue the at-fault driver for pain and suffering or any other bodily injury damages from an accident in Quebec. If the accident happens outside Quebec, a person compensated by the SAAQ keeps a claim for the excess under the law of the place of the accident (s. 83.59). This trade-off is the core of the Quebec public auto insurance system.

Property Damage After a Hit-and-Run: SAAQ's Limited Cover

SAAQ's no-fault bodily injury scheme does not extend to property damage. Vehicle repairs and damage to your car caused by another driver remain in the private insurance domain in Quebec. However, SAAQ provides a specific limited compensation programme for property damage caused by an unidentified driver in a hit-and-run.

SAAQ Hit-and-Run Property Damage: The Key Rules

Maximum payout: $10,000.

Deductible: 10% of your vehicle's value, with a minimum deductible of $500.

Police report deadline: You must report the hit-and-run to police no later than 48 hours after the incident. Missing this deadline disqualifies you from the SAAQ property damage programme.

SAAQ claim deadline: You must file your claim with SAAQ no later than 60 days after the accident.

Eligibility conditions:

• The accident must have occurred in Quebec.
• You must be the owner of the damaged vehicle or property (a fence or a bicycle, for example).
• You must not bear full responsibility for the accident.
• Your own private automobile insurance policy must not already cover hit-and-run property damage. If your own insurer covers it, SAAQ does not pay.
• You must hold civil liability coverage of at least $50,000.
• You must not have repaired your vehicle or property, or sold or scrapped your vehicle, before the SAAQ assesses the damage.
• Your driver's licence must have been valid and not under suspension at the time of the accident.
• Your vehicle must be registered and its registration valid.
• Property damage must exceed $500 to trigger eligibility.

What is excluded: Objects carried in the damaged vehicle are not compensated. Insurers, legal persons (companies or businesses), partnerships, and government bodies or their agents cannot claim. The SAAQ may also require an assessment by a certified appraiser before deciding.

Why the $10,000 Cap Matters

The $10,000 maximum is a meaningful limit if your vehicle is worth more or if the damage is severe. For property damage beyond that cap, or for damage where you hold your own comprehensive or collision coverage through a private insurer, your private policy is the primary source of compensation. Many Quebec drivers carry private property damage coverage precisely because SAAQ's no-fault plan does not cover vehicle damage from at-fault drivers in ordinary collisions either. In Quebec, property damage from any at-fault driver, whether identified or not, falls to private insurance.

What to Do If You Are Involved in a Hit-and-Run in Quebec

If your vehicle is struck and the other driver flees:

1. Pull over safely and check yourself and any passengers for injury.
2. Call 911 immediately if anyone is injured. Call police to report the hit-and-run.
3. Note every detail you can: direction of travel, colour, make, model, and partial plate of the fleeing vehicle. Photograph all damage to your own vehicle.
4. Ask any bystanders or witnesses for their contact information.
5. Report to police within 48 hours to preserve your right to file an SAAQ property damage claim.
6. Do not repair, sell or scrap your vehicle before the SAAQ assesses the damage, and file your SAAQ property damage claim within 60 days of the accident.
7. Contact your private insurer if your own policy covers vehicle damage from an unidentified driver, as your private coverage may be broader than or complementary to the SAAQ programme.
8. For bodily injury, contact SAAQ directly. A Quebec resident does not need to prove who caused the accident.

If you were the driver involved in an accident:

Under s. 320.16 of the Criminal Code, you must stop, give your name and address, and offer assistance to anyone injured. Under ss. 168-171 of the Highway Safety Code, you must remain at the scene and give necessary assistance, call a peace officer if anyone suffered bodily injury, give your information (licence, registration, proof of insurance) to the peace officer or the person who suffered damage, and notify the nearest police station if you hit property whose owner cannot be reached. Leaving the scene is a criminal offence and a provincial penal offence. The consequences include criminal charges, fines, demerit points, and, after a criminal conviction, licence revocation.

Demerit Points and Licence Consequences

Two separate licence consequences can apply, depending on the prosecution.

Criminal conviction (s. 320.16): it revokes every licence authorizing the driving of a road vehicle by operation of law (Highway Safety Code, s. 180 para 5). The convicting judge orders the licence confiscated and returned to the SAAQ. No new licence may issue for 4 years if the person had no licence revocation following a Criminal Code conviction (art. 180) in the previous 10 years, or 5 years otherwise (ss. 76 and 76.1). If the court's driving prohibition is longer, its period applies (s. 76). The revocation stands even if the person receives a discharge (s. 182). A Criminal Code conviction adds no demerit points: the demerit point regulation covers Highway Safety Code offences and excludes the Criminal Code.

Provincial penal conviction (ss. 168-171): it brings a fine ($600 to $2,000 or $200 to $300, depending on the section) and 9 demerit points (Regulation respecting demerit points, Schedule). Points lapse two years after the date of the judgment (s. 116). The SAAQ revokes the licence when the record reaches 8 points for a person under 23, 12 points at age 23 or 24, and 15 points at 25 or older. For a learner's or probationary licence holder the threshold is 4 points. The 9 points from this offence are therefore enough, on their own, to revoke the licence of a driver under 23 or a probationary licence holder.

How Quebec Compares to Other Canadian Provinces

Quebec is one of four provinces with a public automobile insurer (alongside British Columbia's ICBC, Manitoba's MPI, and Saskatchewan's SGI). It is not the only province where bodily injury compensation replaces lawsuits: in Manitoba too, compensation stands in lieu of all rights and remedies and no action may be admitted before a court (Manitoba Public Insurance Corporation Act, s. 72). In the public-insurer provinces, a victim of an unidentified driver claims from that insurer. In private-insurance provinces such as Ontario and Alberta, the victim generally goes through their own policy's coverage or a provincial motor vehicle accident claims fund.

The practical difference is significant. In Ontario, for example, a hit-and-run bodily injury victim may have to deal with their own policy's uninsured motorist coverage or, depending on their situation, the Motor Vehicle Accident Claims Fund. In Quebec, a resident victim simply contacts SAAQ. Fault does not factor into their bodily injury entitlement.

On the criminal law side, all provinces are identical: s. 320.16 of the Criminal Code applies coast to coast.

For a full overview of how each province handles the criminal and provincial layers of hit-and-run law, see the Canada hit-and-run laws hub. For a comparison with the United States, see our US hit-and-run laws guide.

Related Canadian Guides

• Canadian law by province and topic
• Hit and Run laws in Canada
• Quebec Recording laws
• Quebec Child Support laws
• Quebec Slip and Fall laws

Frequently Asked Questions

What is the hit-and-run law in Quebec?

Hit-and-run in Quebec is a two-layer offence. Federally, s. 320.16 of the Criminal Code makes it a criminal offence to fail to stop, give your name and address, and offer assistance after an accident you knew about or were reckless about. Provincially, ss. 168-171 of Quebec's Highway Safety Code require the driver to remain at the scene, help injured persons, call a peace officer if anyone suffered bodily injury, and give their information. A breach carries a $200 to $2,000 fine depending on the section, plus 9 demerit points.

What section of the Criminal Code covers hit and run in Canada?

Section 320.16 of the Criminal Code (RSC 1985, c C-46), which came into force on 18 December 2018 as part of SC 2018, c. 21. It replaced the former s. 252, which was repealed by the same Act. Any source that still cites s. 252 as current law is out of date.

Will SAAQ cover my bodily injury if the driver who hit me fled the scene?

Yes, if you reside in Quebec. SAAQ's public automobile insurance plan covers bodily injury on a no-fault basis, meaning you are entitled to compensation regardless of fault and regardless of whether the at-fault driver is ever identified. You file a claim with SAAQ directly, within three years of the accident or of the injury appearing. A non-resident injured in Quebec is compensated only to the extent they were not responsible for the accident.

What is the SAAQ hit-and-run property damage limit?

SAAQ may compensate property damage caused by an unidentified driver up to a maximum of $10,000, less a deductible of 10% of the vehicle's value with a minimum of $500. You must report to police within 48 hours, file your SAAQ claim within 60 days of the accident, and not repair, sell or scrap the vehicle before the SAAQ assesses the damage.

How long do I have to report a hit-and-run to police in Quebec?

You must report the hit-and-run to police within 48 hours of the incident to qualify for SAAQ property damage compensation. If anyone suffered bodily injury, the driver involved must call a peace officer (s. 169 of the Highway Safety Code). The 48-hour rule is a condition specific to the property damage programme.

What are the penalties for hit and run in Quebec?

Federally: up to 10 years imprisonment (no injury), up to 14 years (bodily harm), or up to life imprisonment (death) under s. 320.16. A criminal conviction also results in a criminal record and, in Quebec, automatic licence revocation with a 4- or 5-year wait for a new licence. Provincially: a $600 to $2,000 fine (ss. 168 and 169) or a $200 to $300 fine (ss. 170 and 171), plus 9 demerit points.

Can I sue the driver who hit me for bodily injury in Quebec?

No, for an accident in Quebec. SAAQ compensation stands in lieu of all rights and remedies for bodily injury, and no action on that ground may be admitted before a court. This applies even if the at-fault driver is identified and fully at fault. If the accident happens outside Quebec, a person compensated by the SAAQ keeps a claim for the excess under the law of the place of the accident.

Does the old s. 252 Criminal Code presumption still apply in Quebec?

No. The old s. 252(2) evidentiary presumption that failing to stop was proof of intent to escape liability was repealed in 2018 when s. 252 was replaced by s. 320.16. The current offence requires the Crown to prove the driver knew or was reckless about the accident. There is no statutory presumption of guilt under current law.

What must a driver do after an accident in Quebec?

Under s. 320.16 of the Criminal Code: stop, give your name and address, and offer assistance if anyone is injured or appears to need help. Under the Highway Safety Code: remain at the scene and give necessary assistance (s. 168), call a peace officer if anyone suffered bodily injury (s. 169), give your name, address, licence number, proof of insurance and plate number to the peace officer or the person who suffered damage (s. 170), and, if the owner of an unoccupied vehicle, object or animal over 25 kg cannot be reached, contact the nearest police station without delay (s. 171). There is no property-damage threshold.

Does SAAQ no-fault coverage apply if I am injured outside Quebec?

Yes. Quebec residents who are injured in a traffic accident elsewhere in Canada or anywhere in the world are covered by SAAQ's bodily injury plan. The no-fault protection travels with the Quebec resident, who also keeps a claim for the excess under the law of the place of the accident.