Failing to Report a Snowmobile Accident

Question: What should you do if you’re involved in a snowmobile accident in Ontario and wonder whether you must report it to police?

Answer: If you’re involved in a snowmobile crash in Ontario, Woodcock Legal Services (Professional Legal Services) can help you understand when you must report the accident to police, including the injury reporting trigger and the $400 damage threshold, under Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44.   In general, if anyone is injured or the damage to your snowmobile or other property appears to exceed $400, the person in charge must report the accident “forthwith,” which courts interpret as within a reasonable time based on the circumstances, and failing to report can lead to a maximum fine of $1,000 under Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44. If you want guidance quickly, contact (613) 334-6721.

When Must a Snowmobile Accident Be Reported to Police?

Where An Injury Has Occurred or Damage Appears Greater Than $400 In Total, Police Must Be Notified of a Snowmobile Accident.

Understanding the Mandate to Report a Snowmobile Accident Including Applicable Penalty For Failure to Do So

As is the same for an automobile, where an accident occurs with a snowmobile and an injury is involved, or the resulting damage appears greater than the prescribed value, the accident and full details as required must be reported to the police.  An operator of a snowmobile who fails to properly report an accident may be charged with an offence.

The Law

When Must a Snowmobile Accident Be Reported to Police?

The requirement for the reporting of a snowmobile accident arises apart from the requirement to report an automobile accident which arises as per the Highway Traffic Act, R.S.O. 1990, c. H.8, whereas the requirement applicable to snowmobiles arises per section 13 of the Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44.  The requirements for the reporting of a snowmobile accident mandate reporting if an injury occurred or if the collective damage to the snowmobile, among other things, appears to exceed the sum of four hundred ($400.00) dollars.  Specifically, the Motorized Snow Vehicles Act states:

As an interesting concern whereas the Motorized Snow Vehicles Act mandates the "forthwith" reporting of an accident, and yet the Motorized Snow Vehicles Act fails to provide a definition for what "forthwith" means, further reference is required and should be made to the Court of Appeal decision within R. v. Cameron, 2006 CanLII 6569 which states:

Accordingly, per the Cameron decision, a snowmobile accident must be reported "forthwith" which is interpreted in the same manner as "forthwith" is interpreted for section 199(1) of the Highway Traffic Act, which is, "within a reasonable time having regard to all of the circumstances of the case".

Penalty

What Is the Punishment For Failing to Report a Snowmobile Accident to Police?

Whereas section 13 of the Motorized Snow Vehicles Act is silent, meaning lacking details, regarding the potential fine, reference to section 25 of the Motorized Snow Vehicles Act, being the section providing for a general penalty where a penalty is otherwise absent, is required.  Specifically, section 25 of the Motorized Snow Vehicles Act states:

Accordingly, the fine for failing to report an accident as legally required is a maximum of one thousand ($1,000) dollars.  Interestingly, and unlike most fines for an offence, the provision fails to prescribe a minimum fine.

Summary Comment

When an accident involving a snowmobile occurs, the owner or driver or any other "person in charge" of the snowmobile must report the accident to police if an injury is involved or if the damage appears to exceed four hundred ($400.00) dollars.  Where a person required to report an accident fails to do so "forthwith", meaning within a reasonable time considering the circumstances involved, the person may be subjected to a fine of up to one thousand ($1,000) dollars.