Alberta
Alberta Hit and Run Laws: Duties, Penalties & MVAC
slug: canada/alberta-hit-and-run-laws cluster: canada-hitrun title: Alberta Hit and Run Laws: Duties, Penalties & MVAC meta_description: Alberta hit and run laws explained: Criminal Code s. 320.16, Traffic Safety Act duties, the $5,000 reporting threshold, and the MVAC program's $200,000 bodily injury coverage. primary_keyword: alberta hit and run laws secondary_keywords:
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Alberta Hit and Run Laws: Duties, Penalties, and the MVAC Programme
In Alberta, a driver who leaves the scene of an accident without stopping faces charges under both the federal Criminal Code (s. 320.16) and the provincial Traffic Safety Act (RSA 2000, c T-6, s. 69). Penalties range from a provincial fine and demerit points for minor property-damage collisions up to life imprisonment under the Criminal Code where someone dies.
Information last verified on 2026-06-07. This article has not yet been reviewed by a licensed lawyer.
Jurisdiction scope: This article addresses Alberta provincial law under the Traffic Safety Act, RSA 2000, c T-6, and the federal Criminal Code, RSC 1985, c C-46 (s. 320.16). It does not address other Canadian provinces; for the national overview and other provincial spokes, see Canada hit and run laws.
For a full comparison of how every Canadian province handles hit and run, visit the Canada hit and run laws hub. For US state rules, see the US hit and run laws hub.
Federal Law: Criminal Code s. 320.16
The federal hit-and-run offence is found in Part VIII.1 of the Criminal Code, which Parliament enacted through SC 2018, c. 21 (Bill C-46). Section 320.16 replaced the former s. 252 (failure to stop at scene of accident), which was repealed on 18 December 2018 by s. 14 of the same Act.
Section 320.16(1) creates the base offence. Every person commits an offence who:
- operates a conveyance (defined in s. 320.11 to include a motor vehicle, vessel, aircraft, or railway equipment);
- knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance; and
- fails, without reasonable excuse, to stop the conveyance, give their name and address, and, where any person has been injured or appears to require assistance, offer assistance.
The mens rea is knowledge or recklessness about the accident. There is no statutory presumption that failing to stop proves intent to escape liability. The old s. 252(2) contained such an evidentiary presumption, but Parliament did not replicate it when enacting s. 320.16. The Crown must prove the knowledge or recklessness element at trial without the benefit of any presumption.
Sections 320.16(2) and (3) create more serious forms of the offence:
- s. 320.16(2): The driver knew or was reckless about whether the accident resulted in bodily harm to another person.
- s. 320.16(3): The driver knew or was reckless about whether the accident resulted in death, or in bodily harm from which death ensues.
"fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance" Source: Criminal Code, RSC 1985, c C-46, s 320.16(1)
Section 320.16 is a hybrid offence in its basic form. The Crown elects to proceed summarily or by indictment, and that election determines the available penalties under ss. 320.19 to 320.21.
Federal Penalties
| Offence | Maximum on Indictment | Mandatory Minimums |
|---|---|---|
| s. 320.16(1): no injury | 10 years (s. 320.19(5)) | None |
| s. 320.16(2): bodily harm | 14 years (s. 320.2) | 1st: $1,000 fine; 2nd: 30 days; subsequent: 120 days |
| s. 320.16(3): death | Life imprisonment (s. 320.21) | Same scale as bodily harm |
A conviction under s. 320.16 results in a criminal record. The offence also carries potential consequences for a driver's licence, including prohibition orders under s. 320.24 of the Criminal Code.
Provincial Law: Traffic Safety Act
Alberta's Traffic Safety Act, RSA 2000, c T-6, imposes its own set of duties after a collision. These provincial duties operate alongside, not instead of, the Criminal Code. A driver can face both a Criminal Code charge and a provincial offence charge from the same incident.
Under s. 69 of the Traffic Safety Act, a driver involved in an accident must:
- Stop the vehicle immediately or as close as practical to the scene.
- Provide information: name, address, driver's licence number, vehicle registration, and insurance particulars to the other party or parties involved, or to a peace officer.
- Render assistance if any person appears to be injured.
- Report to police if the accident results in injury, death, or property damage that, in the driver's reasonable opinion, exceeds $5,000 in total.
The $5,000 reporting threshold applies to the combined property damage from all vehicles and property involved in the collision. Where total damage appears to exceed $5,000, the driver must report the accident to a peace officer. If the vehicle is driveable and no one is injured, the driver generally has 24 hours to make the report.
Failure to comply with any of these provincial duties is a provincial offence under the Traffic Safety Act. Provincial offences carry fines and demerit points on the driver's abstract. A hit-and-run conviction also typically results in a licence suspension, and a serious accumulation of demerit points can lead to a suspension under Alberta's graduated licence framework.
Watch out: The $5,000 provincial reporting threshold is separate from the Criminal Code obligation. Even if total damage is under $5,000 and there is no injury, a driver who knows or is reckless about having been in an accident can still face a Criminal Code s. 320.16(1) charge for simply failing to stop and provide their name and address.
The Motor Vehicle Accident Claims (MVAC) Programme
Alberta uses a private auto-insurance market regulated by the Alberta Automobile Insurance Rate Board (AIRB). Private insurers provide mandatory basic auto coverage, and drivers injured by an unidentified (hit-and-run) or uninsured driver have two main avenues of redress:
- MVAC programme: the provincial insurer of last resort; and
- SEF 44 Family Protection Endorsement: a standard auto-policy endorsement that tops up coverage.
What MVAC Covers
The Motor Vehicle Accident Claims programme is a provincial programme administered under the Motor Vehicle Accident Claims Act, RSA 2000, c M-22. It pays bodily injury compensation to Albertans hurt in collisions caused by uninsured or unidentified (unknown) drivers. The maximum combined payment to all victims of a single accident is $200,000.
MVAC does not cover property damage. A driver whose vehicle is damaged by a hit-and-run must look to their own collision coverage or another remedy.
The 90-Day Notification Requirement
For hit-and-run accidents involving an unknown driver, a victim must notify MVAC within 90 days of the accident. Failing to notify MVAC within this window can result in the claim being denied. Claimants should notify MVAC as soon as possible after the accident and as soon as they know or suspect the at-fault driver cannot be identified.
The 90-day rule is separate from the general two-year limitation period for bringing a lawsuit under Alberta's Limitations Act, RSA 2000, c L-12. Both deadlines apply: the 90-day notice to MVAC and the two-year limitation period to commence a court action.
Steps to Claim Through MVAC
- Report to police immediately or as soon as practicable. A police report is a practical necessity for MVAC claims involving an unknown driver.
- Contact your own insurer to explore whether your own policy (uninsured motorist coverage, collision, or SEF 44) provides coverage.
- Notify MVAC within 90 days. Contact MVAC to provide notice of the accident and your intention to claim.
- Commence a court action against MVAC within the two-year limitation period if MVAC does not resolve your claim administratively.
- Serve the required documents on MVAC as the statutory defendant in the action.
SEF 44 Family Protection Endorsement
The SEF 44 is a standard endorsement available on Alberta auto policies. It provides coverage when a victim's damages exceed what the at-fault driver's insurance (or MVAC) actually pays. The SEF 44 tops up the victim's own insurer's payment to match what a fully insured and solvent tortfeasor would have owed. Coverage limits depend on the individual policy.
Comparison: Federal vs. Provincial Hit and Run in Alberta
| Feature | Criminal Code s. 320.16 (Federal) | Traffic Safety Act s. 69 (Provincial) |
|---|---|---|
| Trigger | Knowing or reckless about accident with a person or conveyance | Accident on a highway or public place |
| Core duty | Stop; give name/address; offer assistance if injury | Stop; provide ID/insurance; report if injury or damage exceeds $5,000 |
| Property threshold | None (applies regardless of damage amount) | $5,000 combined property damage |
| Penalty: no injury | Up to 10 years imprisonment (indictment) | Provincial fine + demerit points |
| Penalty: bodily harm | Up to 14 years + mandatory minimums | Increased fine; potential licence suspension |
| Penalty: death | Up to life imprisonment | Not a separate provincial category |
| Criminal record | Yes | No (provincial offence only) |
| Mens rea | Knowledge or recklessness | Strict-liability provincial offence |
| Evidentiary presumption | None (old s. 252(2) presumption was repealed in 2018) | N/A |
Frequently Asked Questions
More Alberta Laws
Where to Go Next
If you were injured in a hit-and-run collision in Alberta, your first steps are to file a police report, notify your insurer, and contact MVAC within 90 days if the driver cannot be identified. A lawyer licensed in Alberta can advise you on whether MVAC, your own insurer's uninsured motorist coverage, or the SEF 44 endorsement on your policy best addresses your situation.
For a Canada-wide overview of how each province and territory handles hit-and-run offences, insurance claims, and the Criminal Code s. 320.16 framework, see Canada hit and run laws. For US hit-and-run rules by state, see the US hit and run laws hub.
Disclaimer
This article provides general legal information about Alberta and federal Canadian hit-and-run law as of 7 June 2026. It does not constitute legal advice and does not create any solicitor-client relationship. The law may change; readers should verify the current version of any statute through official sources. For advice about a specific situation, consult a lawyer licensed in Alberta.
Authorities Cited
- Criminal Code, RSC 1985, c C-46, s 320.16 (Failure to stop after accident, current provision). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-320.16.html
- Criminal Code, RSC 1985, c C-46, s 320.19 (Punishment, no injury). https://laws-lois.justice.gc.ca/eng/acts/c-46/section-320.19.html
- Criminal Code, RSC 1985, c C-46, s 320.2 (Punishment, bodily harm). https://laws-lois.justice.gc.ca/eng/acts/C-46/page-47.html
- Criminal Code, RSC 1985, c C-46, s 320.21 (Punishment, death). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-320.21.html
- Criminal Code, RSC 1985, c C-46, s 320.11 (Definition of conveyance). https://laws-lois.justice.gc.ca/eng/acts/C-46/page-47.html
- SC 2018, c 21 (Bill C-46: enacted Part VIII.1; repealed s. 252; in force 18 December 2018). https://laws-lois.justice.gc.ca/eng/annualstatutes/2018_21/FullText.html
- Criminal Code, RSC 1985, c C-46, s 252 (repealed by SC 2018, c 21, s 14). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-252.html
- Traffic Safety Act, RSA 2000, c T-6, s 69 (Duty to stop and report; $5,000 threshold). https://www.canlii.org/en/ab/laws/stat/rsa-2000-c-t-6/
- Motor Vehicle Accident Claims Act, RSA 2000, c M-22 (MVAC programme statutory basis). https://open.alberta.ca/publications/m22
- Alberta Government, Motor Vehicle Accident Claims Programme (MVAC; $200,000 bodily injury limit; 90-day notification for unknown driver). https://www.alberta.ca/motor-vehicle-accident-claims-program
- Alberta Government, Injured by an uninsured or unknown driver (MVAC overview, property damage exclusion, 90-day notice, 2-year limitation). https://www.alberta.ca/injured-by-an-uninsured-or-unknown-driver
- Justice Canada, Legislative background: Bill C-46, Part VIII.1 (confirms failure to stop is a transportation offence under Part VIII.1). https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/c46/p4.html
Related Articles
- Canada Hit and Run Laws: national overview of Criminal Code s. 320.16 and all provincial regimes
- US Hit and Run Laws: all 50 US states compared
Last updated: 2026-06-07. Statutes cited reflect their in-force version as of 2026-06-07.
Related Canadian Guides
Frequently Asked Questions
What is the law for hit and run in Alberta?
Two regimes apply simultaneously. Federally, Criminal Code s. 320.16 (in force since 18 December 2018) makes it an offence to fail to stop, give your name and address, and offer assistance after an accident you knew about or were reckless about. Provincially, Traffic Safety Act s. 69 requires you to stop, exchange information, and report to police when anyone is injured or total property damage exceeds $5,000.
Is hit and run a criminal offence in Alberta?
Yes. Under Criminal Code s. 320.16, a driver who fails to stop after an accident they knew about or were reckless about commits a federal criminal offence. A conviction results in a criminal record and potentially years of imprisonment. Separate provincial charges under the Traffic Safety Act may also be laid.
What are the penalties for hit and run in Alberta?
Under the Criminal Code: up to 10 years imprisonment (no injury, s. 320.16(1)); up to 14 years with mandatory minimums (bodily harm, s. 320.16(2)); up to life imprisonment (death, s. 320.16(3)). Under the Traffic Safety Act, provincial penalties include fines, demerit points, and potential licence suspension.
What is the $5,000 threshold in Alberta's Traffic Safety Act?
Section 69 of the Traffic Safety Act requires a driver to report an accident to police when, in the driver's reasonable opinion, total property damage from the collision exceeds $5,000. Below this threshold (and with no injury), the provincial reporting duty to police does not apply, though the duty to stop and exchange information still does.
Does the old Criminal Code s. 252 presumption still apply in Alberta?
No. Section 252 of the Criminal Code was repealed by SC 2018, c. 21, s. 14, effective 18 December 2018. The old s. 252(2) contained an evidentiary presumption that failing to stop was proof of intent to escape liability. The current provision, s. 320.16, does not contain an equivalent presumption. The Crown must prove knowledge or recklessness about the accident.
What is the MVAC programme in Alberta?
The Motor Vehicle Accident Claims (MVAC) programme is Alberta's provincial insurer of last resort for bodily injury caused by uninsured or unidentified drivers. It is administered under the Motor Vehicle Accident Claims Act, RSA 2000, c M-22. The maximum combined payment to all victims of a single accident is $200,000. MVAC does not cover property damage.
What is the deadline to notify MVAC after a hit and run in Alberta?
For accidents involving an unknown (unidentified) driver, a victim must notify MVAC within 90 days of the accident. Missing this deadline can result in the claim being denied. This 90-day notice requirement is separate from the two-year limitation period under Alberta's Limitations Act for commencing a lawsuit.
Does MVAC cover property damage from a hit and run in Alberta?
No. MVAC covers only bodily injury. Property damage to a vehicle or other property caused by an unidentified driver is not covered by MVAC. Drivers should contact their own insurer to see whether their collision coverage or another policy endorsement applies to the property damage.
What should I do immediately after a hit and run in Alberta?
Stay safe. Note as much identifying information about the other vehicle as possible (colour, make, model, partial licence plate, direction of travel). Call police immediately and obtain a police report number. Seek medical attention if injured. Contact your own insurer. Notify MVAC within 90 days if the at-fault driver cannot be identified.
What is the SEF 44 endorsement and how does it help hit-and-run victims in Alberta?
The SEF 44 (Family Protection Endorsement) is a standard endorsement available on Alberta auto policies. It tops up the victim's recovery to what a fully insured tortfeasor would have owed, covering the gap between MVAC's $200,000 limit and the actual damages. Coverage limits depend on the individual policy.
Sources and References
- Criminal Code, RSC 1985, c C-46, s 320.16: Failure to stop after accident (current provision)(laws-lois.justice.gc.ca).gov
- Criminal Code, RSC 1985, c C-46, s 320.19: Punishment provisions (no injury)(laws-lois.justice.gc.ca).gov
- Criminal Code, RSC 1985, c C-46, s 320.2: Punishment (bodily harm)(laws-lois.justice.gc.ca).gov
- Criminal Code, RSC 1985, c C-46, s 320.21: Punishment in case of death (up to life)(laws-lois.justice.gc.ca).gov
- Criminal Code, RSC 1985, c C-46, s 320.11: Definition of conveyance(laws-lois.justice.gc.ca).gov
- SC 2018, c 21: An Act to amend the Criminal Code (offences relating to conveyances); enacted Part VIII.1, repealed s. 252; in force 18 December 2018(laws-lois.justice.gc.ca).gov
- Criminal Code, RSC 1985, c C-46, s 252 (repealed by SC 2018, c 21, s 14)(laws-lois.justice.gc.ca).gov
- Traffic Safety Act, RSA 2000, c T-6, s 69: Duty to stop, provide information, and report; $5,000 property damage reporting threshold(canlii.org)
- Motor Vehicle Accident Claims Act, RSA 2000, c M-22: statutory basis for MVAC programme(open.alberta.ca).gov
- Alberta Government, Motor Vehicle Accident Claims Programme: $200,000 bodily injury limit; 90-day notification for unknown driver(alberta.ca).gov
- Alberta Government, Injured by an uninsured or unknown driver: MVAC overview, property damage exclusion, 90-day notice, 2-year limitation period(alberta.ca).gov
- Justice Canada, Legislative background: Bill C-46, Part VIII.1 (confirms failure to stop is a transportation offence)(justice.gc.ca).gov