Prince Edward Island
Prince Edward Island Hit and Run Laws (2026)
Independently fact-checked against primary sources (last audited June 18, 2026). · 12 primary sources cited on this page. How we verify our legal content
Leaving the scene of a collision in Prince Edward Island is a federal criminal offence under Criminal Code section 320.16, which requires every driver to stop, give their name and address, and offer assistance to anyone injured. Penalties range from up to 10 years in prison where no one was hurt, to life imprisonment where someone died. Prince Edward Island's Highway Traffic Act adds a parallel provincial duty to stop, exchange information, and report collisions where damage reaches $2,000 or injury occurs.
Is Hit and Run a Crime in Prince Edward Island?
Yes. Hit and run is a serious criminal offence across all of Canada, including Prince Edward Island, under section 320.16 of the Criminal Code of Canada.
Section 320.16 was enacted as part of Bill C-46 (SC 2018, c. 21) and came into force on December 18, 2018. It replaced the former section 252, which has been fully repealed. Any guide or article still citing section 252 as the current hit-and-run law is out of date.
The offence applies to anyone who operates a "conveyance," a term defined in section 320.11 to include a motor vehicle, vessel, aircraft, or railway equipment. In the Prince Edward Island context this almost always means a motor vehicle, but the broader definition is worth noting.
The core obligation under section 320.16(1) is threefold: a driver who knows, or is reckless as to whether, their conveyance has been involved in an accident with a person or another conveyance must stop, give their name and address, and offer assistance if any person has been injured or appears to require assistance. Failing to comply without a reasonable excuse is a criminal offence.
One important point about how section 320.16 works: it does NOT contain the automatic presumption of guilt that existed in old section 252(2). Under the former law, failing to stop was treated, in the absence of evidence to the contrary, as proof that the driver intended to escape civil or criminal liability. That presumption was repealed along with section 252 in 2018. Under the current law, the Crown must independently prove that the driver knew about the accident or was reckless as to whether one had occurred.
The phrase "reasonable excuse" is also significant. It is a fact-specific defence assessed on the circumstances of each case. A driver who stopped briefly but was genuinely forced to leave a dangerous location before exchanging information may raise the defence, but the excuse must be proportionate and genuine.
For a broader comparison of how provinces and territories handle this offence, see our guides on Canadian hit and run laws and US hit and run laws.
Your Legal Duties at the Scene of a Collision in Prince Edward Island
Two separate bodies of law govern your obligations after a collision in Prince Edward Island: the federal Criminal Code and the provincial Highway Traffic Act. Both apply at the same time.
Under the Criminal Code (federal)
Section 320.16 requires every driver involved in an accident to:
- Stop the conveyance immediately.
- Give their name and address to anyone involved.
- Offer assistance to any person who has been injured or who appears to require assistance.
These duties apply regardless of who caused the collision and regardless of how minor it appears.
Under the Highway Traffic Act (provincial)
Section 232 of the Highway Traffic Act, RSPEI 1988, c H-5, imposes additional provincial duties. The obligations stack in two layers.
First, subsection 232(1) states plainly that "the driver of any vehicle directly or indirectly involved in an accident on a highway shall immediately stop the vehicle at the scene of the accident."
Second, subsection 232(2) applies whenever the accident results in injury, death, or any property damage. In that case, every driver involved must give their name, address, and the registration number of their vehicle and exhibit their driver's licence, and shall render any person injured in the accident reasonable assistance, including conveying them to a hospital or physician if treatment appears necessary or is requested.
Third, subsection 232(3) triggers the duty to report to police when any of the following applies:
- any person is injured;
- property damage to an apparent extent of $2,000 or more is caused; or
- any vehicle involved in the accident remains stationary on the highway.
When reporting is required, a driver must forthwith report to the nearest RCMP detachment if the accident occurs outside a municipality or in a municipality without a police force, or to a member of the municipal police force if one serves the area. A written report on the Registrar's prescribed form is also required within 24 hours.
Where a driver struck an unattended vehicle and the damage is under $2,000, subsection 232(6) requires them to locate the owner and provide contact details, or if the owner cannot be found, to report to police as soon as practicable.
Watch out: Prince Edward Island's $2,000 reporting threshold has not been raised to the $5,000 level that Ontario adopted effective January 1, 2025. If you are travelling between provinces, check the applicable provincial threshold. The duties to stop, identify yourself, and render assistance under both statutes apply at every damage level in Prince Edward Island.
Criminal Penalties Under Section 320.16
Section 320.16 creates three tiers of criminal liability, with penalties escalating based on the harm the driver knew or was reckless about.
Tier 1: No Injury (Section 320.16(1))
The basic offence is failure to stop, identify, or offer assistance where no injury is involved. It is a hybrid offence: the Crown can elect to proceed summarily or by indictment.
Under section 320.19(5), on indictment, the maximum penalty is 10 years imprisonment. On summary conviction the standard maximum applies (generally up to 2 years less a day). There is no mandatory minimum sentence for this tier.
A criminal conviction carries a permanent criminal record, which can affect employment, professional licences, and travel to other countries.
Tier 2: Bodily Harm (Section 320.16(2))
If the driver knew, or was reckless as to whether, the accident resulted in bodily harm to another person, the enhanced offence under section 320.16(2) applies.
Under section 320.2, on indictment, the maximum penalty is 14 years imprisonment. Mandatory minimums also apply: a $1,000 fine for a first offence, 30 days imprisonment for a second offence, and 120 days imprisonment for subsequent offences. On summary conviction, the maximum is a $5,000 fine or 2 years less a day (with the same mandatory minimums).
Tier 3: Death (Section 320.16(3))
The most serious form of the offence applies where the driver knew, or was reckless as to whether, the accident resulted in the death of another person, or resulted in bodily harm to another person whose death subsequently ensued.
Under section 320.21, this is a straight indictable offence carrying a maximum of life imprisonment, with the same mandatory minimum scale as the bodily harm tier (a $1,000 fine for a first offence, 30 days for a second, 120 days for subsequent offences).
Provincial Offences and Penalties Under the Highway Traffic Act
Failing to comply with the Highway Traffic Act's accident duties is a provincial offence separate from any Criminal Code charge. A driver can face both simultaneously.
Prince Edward Island's Schedule to the Highway Traffic Act sets out the following penalty ranges for section 232 violations:
| Offence | First offence fine | Subsequent offence fine |
|---|---|---|
| s. 232(1): Failing to stop at accident scene | $500 to $2,000 | $1,000 to $3,000 |
| s. 232(2): Failing to render assistance to injured person | $500 to $2,000 | $1,000 to $3,000 |
| s. 232(2): Failing to provide name, address, and licence | $100 to $500 | $250 to $1,000 |
| s. 232(3) to (6): Failing to report accident | $100 to $500 | $200 to $1,000 |
Beyond fines, a court convicting a person under section 232 or 233 may order a licence suspension of up to 30 days for a first offence and up to 6 months for a subsequent offence, under section 275 of the Highway Traffic Act.
A vehicle may also be impounded for a third or subsequent conviction under subsection 232(1) under section 255 of the Act.
Insurance consequences. A hit-and-run conviction, whether under the Criminal Code or the Highway Traffic Act, will be disclosed to your auto insurer on renewal. Prince Edward Island uses a private auto insurance market regulated under the Insurance Act. Insurers operating in Prince Edward Island are members of the Insurance Bureau of Canada. A criminal conviction under section 320.16 typically results in significant premium increases or policy non-renewal.
Operating record. Both criminal driving offences and HTA convictions appear on a driver's operating record maintained by the Registrar. A section 320.16 conviction is also captured on the National Safety Code abstract used by commercial carriers and licensing authorities across Canada.
What If the Other Driver Flees? Unidentified Drivers in Prince Edward Island
If you are struck by a driver who leaves the scene and cannot be identified, you still have options for compensation under Prince Edward Island law.
Facility Association Uninsured Automobile Fund
Prince Edward Island is a private insurance market province. It does not have a provincial public insurer such as ICBC (British Columbia), SGI (Saskatchewan), or MPI (Manitoba). The insurer of last resort for victims of collisions involving unidentified or uninsured drivers is the Facility Association Uninsured Automobile Fund.
Facility Association is an unincorporated non-profit association of all insurers licensed to write automobile liability coverage in Prince Edward Island. Every insurer operating in the province is a member. The Uninsured Automobile Fund provides compensation to eligible victims who cannot identify the at-fault driver and who have no other insurance coverage available to them. Claims must be reported to police, and the fund operates as a last-resort mechanism after other coverages are exhausted.
Your Own Auto Insurance Policy
Standard auto insurance policies in Prince Edward Island include Uninsured Automobile Coverage. This coverage responds to bodily injury claims arising from collisions with unidentified drivers. Most policies also offer the SEF 44 Family Protection Endorsement, which tops up compensation to match what a fully insured at-fault driver would have owed.
Steps to take if you are the victim of a hit and run in Prince Edward Island:
- Call 911 immediately if anyone is injured.
- Report the collision to police (required under s. 232(3) if there is any injury or if apparent property damage is $2,000 or more, and essential in any hit-and-run to create a record for an insurance claim).
- Note all details about the fleeing vehicle: licence plate, colour, make, model, and direction of travel.
- Photograph the scene, any damage, and any debris.
- Gather contact information from any witnesses.
- Notify your own insurer promptly. Policies typically require prompt notice of unidentified-driver claims and may bar late claims.
- If no other insurance is available, contact the Facility Association Uninsured Automobile Fund.
Owner liability when the driver is unknown
Section 323 of the Highway Traffic Act addresses the situation where a motor vehicle is operated in violation of the Act by a person whose identity is unknown. Under subsection 323(1), the registered owner must supply the driver's name and address to police or the Registrar within 48 hours of the request. Under subsection 323(2), a registered owner who refuses, fails, neglects, or is unable to supply that information is liable on summary conviction to the same penalty prescribed for the offence itself. A registered owner can avoid liability only by proving the vehicle was operated without their knowledge or consent at the time.
Recent Changes and What Prince Edward Island Drivers Should Know
December 18, 2018: Section 320.16 replaced section 252
Federally, the current criminal hit-and-run provision has been in place since December 18, 2018, when Bill C-46 (SC 2018, c. 21) brought Part VIII.1 of the Criminal Code into force. Section 320.16 replaced the former section 252 in its entirety. Key differences include: the use of the term "conveyance" (broader than the former "vehicle, vessel or aircraft"); the removal of the old section 252(2) evidentiary presumption; and modernised mens rea language requiring the Crown to prove knowledge or recklessness.
PEI's $2,000 threshold remains unchanged
Unlike Ontario, which raised its collision reporting threshold from $2,000 to $5,000 on January 1, 2025, Prince Edward Island's threshold under section 232(3) remains at $2,000 as of the Act's November 2024 consolidation. Drivers from Ontario or Alberta accustomed to a $5,000 threshold should note the lower figure applies on Prince Edward Island roads.
Section 321 was repealed in 1994
The former section 321 of the Highway Traffic Act, titled "Action in hit and run cases," was repealed by 1994, c. 27, s. 10. It no longer has any effect. Any reference to section 321 as providing a civil remedy in Prince Edward Island is out of date. Civil claims arising from hit-and-run collisions now proceed through general tort law, insurance claims, and the Facility Association framework.
General disclaimer
This article presents general legal information about hit-and-run laws in Prince Edward Island as of June 2026. It covers the federal Criminal Code (current to December 18, 2018 amendments) and the Highway Traffic Act, RSPEI 1988, c H-5 (current to the November 29, 2024 consolidation). It is not legal advice and does not address your specific situation. Laws change. Consult a lawyer licensed in Prince Edward Island for advice on your particular circumstances.
Related Canadian Guides
Frequently Asked Questions
Is hit and run a criminal offence in Prince Edward Island?
Yes. Leaving the scene of a collision in Prince Edward Island is a federal criminal offence under section 320.16 of the Criminal Code when the driver knew, or was reckless as to whether, they were involved in an accident. A conviction results in a criminal record. Failing to report a collision also constitutes a provincial offence under section 232 of Prince Edward Island's Highway Traffic Act, carrying fines and possible licence suspension independently of any criminal charge.
What section of the Criminal Code applies to hit and run in Prince Edward Island?
Section 320.16, which came into force on December 18, 2018 as part of SC 2018, c. 21 (Bill C-46). The former section 252 was repealed by the same Act. Any reference to section 252 as the current federal hit-and-run provision is out of date.
What must a driver do after a collision in Prince Edward Island?
Under the Criminal Code (s. 320.16), a driver must stop, give their name and address, and offer assistance to anyone injured. Under the Highway Traffic Act (s. 232), a driver must also exhibit their licence, provide vehicle registration details, render assistance, and report to police if anyone is injured or if property damage is $2,000 or more.
What are the penalties for hit and run in Prince Edward Island?
Federal criminal penalties under s. 320.16: up to 10 years on indictment where no injury occurred; up to 14 years where bodily harm resulted (s. 320.2); up to life imprisonment where death resulted (s. 320.21). Provincial penalties under the Highway Traffic Act Schedule: $500 to $2,000 for failing to stop (first offence), $1,000 to $3,000 for a subsequent offence; $100 to $500 for failing to report. Both sets of penalties can apply simultaneously.
Does Prince Edward Island law presume guilt if you flee an accident?
No. The old section 252(2) of the Criminal Code contained an evidentiary presumption that failing to stop was proof of intent to escape liability. That subsection was repealed in 2018 along with section 252. Under the current section 320.16, the Crown must independently prove the driver knew or was reckless about the accident. There is no statutory presumption.
What is the collision reporting threshold in Prince Edward Island?
Under section 232(3) of the Highway Traffic Act, a driver must report to police if anyone is injured, if property damage appears to be $2,000 or more, or if a vehicle involved remains stationary on the highway. Prince Edward Island has not adopted the $5,000 threshold that Ontario raised to in January 2025. The duties to stop, identify yourself, and render assistance apply at every damage level.
What compensation is available if you are hit by an unidentified driver in Prince Edward Island?
Prince Edward Island does not have a provincial public insurer. Victims of hit-and-run collisions with an unidentified driver may claim through their own auto policy's Uninsured Automobile Coverage or through the Facility Association Uninsured Automobile Fund as insurer of last resort. A police report is required to support any claim.
Can you face both a criminal charge and a provincial offence for the same hit and run in Prince Edward Island?
Yes. The Criminal Code and the Highway Traffic Act operate independently. A driver who leaves the scene may be charged under federal Criminal Code section 320.16 and also face a provincial Highway Traffic Act offence (with fines and possible licence suspension) for the same incident. The federal charge is more serious and results in a criminal record if convicted.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Criminal Code
s. 252RepealedRepealedcited in 26 of our articles
Official text (excerpt) · last checked 2026-08-12 · Read the full text in our law library · Verify at laws-lois.justice.gc.ca
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- R. v. Noël (Supreme Court of Canada 2002, 2002 SCC 67)
- R. v. White (Supreme Court of Canada 1999, [1999] 2 SCR 417)
- Casimiro Santos v. Canada (Citizenship and Immigration) (Federal Court 2013, 2013 FC 425)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alberta Hit and Run Laws: Duties, Penalties & MVAC, British Columbia Hit and Run Laws: Duties and Penalties, Manitoba Hit and Run Laws: Penalties and MPI Claims
s. 320.16Failure to stop after accidentIn forcecited in 26 of our articles
(1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who 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. (2) Everyone commits an offence who commits an offence under subsection (1) and who at the time of committing the offence knows that, or is reckless as to whether, the accident resulted in bodily harm to another person. (3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of committing the offence, knows that, or is reckless as to whether, the accident resulted in the death of another person or in bodily harm to another person whose death ensues.
Official text (excerpt) · last checked 2026-08-12 · Read the full text in our law library · Verify at laws-lois.justice.gc.ca
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- R. v. Tim (Supreme Court of Canada 2022, 2022 SCC 12)
- Shaikh v. Canada (Public Safety and Emergency Preparedness) (Federal Court 2023, 2023 FC 634)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Brunswick Hit and Run Laws: Penalties and Duties, Newfoundland and Labrador Hit and Run Laws: Penalties, Northwest Territories Hit and Run Laws (2025)
s. 320.21Punishment in case of deathIn forcecited in 22 of our articles
Everyone who commits an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of, (a) for a first offence, a fine of $1,000; (b) for a second offence, imprisonment for a term of 30 days; and (c) for each subsequent offence, imprisonment for a term of 120 days.
Official text (excerpt) · last checked 2026-08-12 · Read the full text in our law library · Verify at laws-lois.justice.gc.ca
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Lin v. Canada (Citizenship and Immigration) (Federal Court 2021, 2021 FC 1329)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Careless Driving vs Dangerous Driving in Canada, DUI Penalties in Canada: Fines, Jail Time, and Bans, Nunavut Hit and Run Laws (2025)
Search our full record of Canadian federal law — every consolidated Act, in English and French →
Sources and References
- Criminal Code, RSC 1985, c C-46, s 320.16: Failure to stop after accident (current provision, in force 2018-12-18)(laws-lois.justice.gc.ca).gov
- Criminal Code, RSC 1985, c C-46, ss 320.19 and 320.2: Punishment provisions for ss 320.16(1) and (2)(laws-lois.justice.gc.ca).gov
- Criminal Code, RSC 1985, c C-46, s 320.21: Punishment in case of death (up to life imprisonment)(laws-lois.justice.gc.ca).gov
- Criminal Code, RSC 1985, c C-46, s 252 (repealed): Former hit-and-run provision, repealed by SC 2018, c 21, s 14(laws-lois.justice.gc.ca).gov
- SC 2018, c 21 (Bill C-46): An Act to amend the Criminal Code (offences relating to conveyances), ss 14-15; in force 2018-12-18(laws-lois.justice.gc.ca).gov
- Criminal Code, RSC 1985, c C-46, s 320.11: Definition of conveyance (motor vehicle, vessel, aircraft, railway equipment)(laws-lois.justice.gc.ca).gov
- Highway Traffic Act, RSPEI 1988, c H-5, s 232: Accident procedure, duty to stop, duty to render assistance, $2,000 reporting threshold (current to November 29, 2024)(princeedwardisland.ca).gov
- Highway Traffic Act, RSPEI 1988, c H-5, s 323: Where driver unknown, owner to furnish name within 48 hours; liability for failure to comply(princeedwardisland.ca).gov
- Highway Traffic Act, RSPEI 1988, c H-5, Schedule: Penalty schedule for s 232 offences (failing to stop: $500-$2,000; failing to render assistance: $500-$2,000; failing to report: $100-$500)(princeedwardisland.ca).gov
- Highway Traffic Act, RSPEI 1988, c H-5, s 321 (repealed): Former action in hit and run cases provision, repealed by 1994, c 27, s 10(princeedwardisland.ca).gov
- Justice Canada: Legislative Background, Bill C-46 Part VIII.1 Overview (failure to stop listed as s. 320.16)(justice.gc.ca).gov
- Parliament of Canada: Bill C-46 (42nd Parliament, 1st session) Royal Assent 2018-06-21(parl.ca).gov
- CanLII: SC 2018, c 21 (Bill C-46) full text confirming repeal of s. 252 and enactment of Part VIII.1(canlii.org)
- Facility Association: Overview of insurer members and jurisdictions served, including Prince Edward Island(facilityassociation.com)