In the Ontario there are two (2) types of laws for fail to remain accidents:
- fail to remain – Highway Traffic Act of Ontario section 200,1 (Traffic Act Law)
- fail to stop – Criminal Code of Canada section 320.17 (Criminal Law)
Each charge has different rules and implications.
Fail to remain charges under the Highway Traffic Act are a provincial law. Charges for Fail to Stop under the Criminal Code of Canada are federal criminal offences.
Where a fail to remain accident occurs, depending upon the circumstances the officer can charge the driver under either act.