Section 320.13 of the Criminal Code: Dangerous Driving Explained
Dangerous operation is judged by the manner of driving, not by the outcome. A collision is not required, and a collision alone does not prove the offence.
Section 320.13(1) makes it an offence to operate a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public. Subsections (2) and (3) create aggravated versions where the driving causes bodily harm or death.
What Does Section 320.13 Prohibit?
Section 320.13(1) makes it an offence to operate a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public. Section 320.13(2) applies where that driving causes bodily harm to another person, and section 320.13(3) where it causes death.
The word 'conveyance' is deliberate. The 2018 reforms replaced the old motor-vehicle-specific wording, so the section covers motor vehicles, vessels, aircraft and railway equipment alike.
The test is objective. The question is whether the manner of driving was a marked departure from the standard of care a reasonable person would observe in the circumstances — not whether the driver meant to endanger anyone, and not whether anything actually went wrong.
What Are the Penalties?
| Provision | Offence | Penalty |
|---|---|---|
| s. 320.13(1) | Dangerous operation | Up to 10 years indictable, or summary (s. 320.19(5)) |
| s. 320.13(2) | Causing bodily harm | Up to 14 years indictable, or summary, with a minimum $1,000 fine for a first offence (s. 320.2) |
| s. 320.13(3) | Causing death | Life imprisonment, with a minimum $1,000 fine for a first offence (s. 320.21) |
Section 320.22 lists aggravating circumstances a court must consider on any of these offences, including that more than one person was harmed or killed, that the offender was racing or in a contest of speed, and that a person under 16 was a passenger.
A conviction also brings a federal driving prohibition, which runs separately from any provincial licence consequence administered by Ontario.
How Is Dangerous Driving Different From Careless Driving?
Careless driving is a provincial offence under section 130 of Ontario's Highway Traffic Act. Dangerous operation is a criminal offence. Only the criminal charge produces a criminal record.
The thresholds are different too, and the gap between them is where most of these cases are actually fought.
| Careless driving (HTA s. 130) | Dangerous operation (s. 320.13) | |
|---|---|---|
| Type | Provincial offence | Criminal offence |
| Test | Without due care and attention | A marked departure from the reasonable standard |
| Criminal record | No | Yes |
| Maximum | 6 months (s. 130(1)) | 10 years, or life where death results |
Because of that gap, resolving a dangerous operation charge to careless driving removes the criminal record entirely, which is often the realistic objective where the driving is not in dispute.
Does a Collision Prove Dangerous Driving?
No. The offence is defined by the manner of operation, not by the consequence. A serious collision can occur without the driving meeting the marked departure standard — momentary inattention, a mechanical failure or an unavoidable hazard are not the same thing as dangerous operation.
The converse is also true: driving can be dangerous within the meaning of the section without any collision at all.
This is why the evidence about how the vehicle was being driven — witnesses, video, reconstruction, road and weather conditions — usually matters more than the severity of what happened.
Frequently asked questions
Browse every answer on this siteYes. Section 320.13 of the Criminal Code creates it, and a conviction produces a criminal record. Careless driving under Ontario's Highway Traffic Act is a provincial offence and does not.
Whether the manner of operation was, having regard to all the circumstances, dangerous to the public — assessed objectively as a marked departure from the standard of care of a reasonable driver.
Yes. The offence is defined by how the conveyance was operated, not by any consequence. Equally, a collision alone does not establish the offence.
Section 320.21 makes an offence under section 320.13(3) punishable by life imprisonment, with a minimum fine of $1,000 for a first offence.
Yes. Section 320.13 refers to a 'conveyance', which since the 2018 reforms covers motor vehicles, vessels, aircraft and railway equipment.
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