New Brunswick Hit and Run Laws: Penalties and Duties

New Brunswick's Motor Vehicle Act, Part IV (sections 125 and 130), requires every driver involved in a collision to stop, remain at the scene, render assistance, and exchange information. Leaving the scene is also a federal criminal offence under section 320.16 of the Criminal Code, with penalties ranging from fines and demerit points under provincial law to life imprisonment for a fatality under federal law.

What the Federal Criminal Code Requires

Canada's hit-and-run offence is governed by section 320.16 of the Criminal Code (Part VIII.1: Offences Relating to Conveyances), which came into force on 18 December 2018 and replaced the former section 252. The former provision's evidentiary presumption: that failing to stop was, absent contrary evidence, proof of intent to escape civil or criminal liability: was repealed along with section 252. Under the current law, the Crown must prove that the driver knew, or was reckless as to whether, the conveyance was involved in an accident.

Section 320.16(1) states that everyone commits an offence who operates a conveyance and who, at the time of operating it, knows 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.

The word "conveyance" is defined in section 320.11 of the Criminal Code to include a motor vehicle, a vessel, an aircraft, or railway equipment. This is a broader scope than the former section 252, which referred separately to vehicle, vessel, or aircraft.

Federal Penalties

The Criminal Code establishes three tiers of penalty depending on the severity of the collision:

Mandatory minimums apply where bodily harm or death results: first offence, a $1,000 fine; second offence, 30 days' imprisonment; subsequent offences, 120 days' imprisonment.

A conviction under section 320.16 produces a criminal record and may result in a driving prohibition under section 320.24 of the Criminal Code.

New Brunswick's Motor Vehicle Act

New Brunswick's provincial regime operates in parallel with the federal Criminal Code. Part IV of the Motor Vehicle Act, RSNB 1973, c M-17 sets out the provincial duties at the accident scene and the obligation to report collisions to police.

Duty to Stop and Remain (Section 125)

Section 125 of the Motor Vehicle Act imposes on every driver involved in a collision (regardless of fault) the duty to:

• Stop the vehicle at or near the scene of the collision.
• Remain at the scene or return to it immediately.
• Render all reasonable assistance to any person injured in the collision.
• Provide their name, address, driver's licence number, and vehicle registration information to any other person involved in the collision, to any person injured, and to any peace officer who requests it.

Failing to comply with section 125 is a provincial offence separate from and cumulative with any federal Criminal Code charge.

Reporting to Police (Section 130)

Section 130 of the Motor Vehicle Act requires a driver involved in a collision to report the accident to the nearest available peace officer when the collision results in:

• Bodily injury or death to any person; or
• Damage to property exceeding the prescribed threshold.

The report must be made forthwith (that is, immediately) or as soon as practicable in the circumstances.

Reporting threshold note: New Brunswick's Motor Vehicle Act prescribes the property-damage threshold by regulation. Drivers should verify the current threshold with Service New Brunswick or a provincial peace officer, as the amount can be amended by regulation without a legislative amendment to the Act itself.

Provincial Penalties

A conviction for failing to stop, remain, or report under the Motor Vehicle Act carries:

• A fine and victim surcharge on summary conviction.
• Demerit points recorded against the driver's licence under the provincial demerit-point system.
• Potential licence suspension, particularly for serious or repeat infractions.

These provincial consequences are imposed independently of any federal Criminal Code prosecution. A driver may face both a provincial Motor Vehicle Act charge and a federal Criminal Code charge arising from the same incident.

When Does the Criminal Code Apply Instead of (or Alongside) the Motor Vehicle Act?

Both regimes can apply simultaneously. The provincial Motor Vehicle Act charge focuses on the act of leaving the scene and the failure to report; it is a regulatory offence that does not require proof of criminal intent. The federal Criminal Code charge requires proof that the driver knew or was reckless about the accident, and applies regardless of whether property damage exceeds any reporting threshold.

In practice, police and Crown counsel distinguish between the two as follows:

• Minor property-damage collision, driver leaves: Typically prosecuted as a provincial Motor Vehicle Act offence. A federal charge is possible if the knowledge/recklessness element can be proven.
• Collision involving injury or death, driver flees: Federal Criminal Code charge under section 320.16(2) or (3) is the primary charge. Provincial charges may be added.
• Driver genuinely unaware of impact: The "reasonable excuse" defence in section 320.16(1) and the knowledge/recklessness element mean an acquittal is possible if the trier of fact accepts the driver did not know or suspect impact had occurred.

Step-by-Step: What to Do After a Collision in New Brunswick

Following a collision in New Brunswick, drivers are legally required to take each of these steps in order:

1. Stop immediately. Do not drive away from the scene, even if the collision appears minor. Leaving, even briefly, can constitute an offence.
2. Check for injuries. Call 911 if anyone is hurt or appears to need assistance. Rendering reasonable assistance is a legal duty, not merely best practice.
3. Exchange information. Provide your name, address, driver's licence number, and insurance information to every other driver, any injured person, and any peace officer present.
4. Report to police. If anyone is injured, killed, or if property damage appears to exceed the provincial reporting threshold, report to the nearest peace officer as soon as practicable.
5. Photograph the scene. Record the positions of vehicles, visible damage, tyre marks, and road conditions while at the scene. This evidence assists both police investigations and insurance claims.
6. Notify your insurer. Contact your automobile insurer promptly. Most policies require prompt notice of any collision as a condition of coverage.
7. Do not admit fault at the scene. Exchanging factual information is required; admitting legal responsibility at the scene is not. Fault is determined separately through the insurance claims process and, where applicable, the courts.

Insurance in New Brunswick: Private Market and Mandatory Coverages

New Brunswick is a private-market province for automobile insurance. Unlike British Columbia (ICBC), Manitoba (MPI), Saskatchewan (SGI), and Quebec (SAAQ), New Brunswick does not have a public automobile insurer. Coverage is provided by private insurers and regulated by the Financial and Consumer Services Commission of New Brunswick (FCNB).

Mandatory Coverage Requirements

Every registered motor vehicle in New Brunswick must carry at minimum:

• Third-party liability: $200,000 minimum (most drivers carry higher limits).
• Direct Compensation - Property Damage (DC-PD): Allows a driver to claim vehicle damage directly from their own insurer when another driver is at fault, provided both vehicles are insured and the collision occurred in New Brunswick.
• Accident benefits: Covers medical and rehabilitation expenses, loss of income, funeral costs, and death benefits regardless of which driver was at fault.
• Uninsured and unidentified automobile coverage: Protects the policyholder and household members if injured by an uninsured driver or by an unidentified driver in a hit-and-run collision.

Unidentified Driver (Hit-and-Run) Claims

For victims of a hit-and-run in New Brunswick, the mandatory uninsured and unidentified automobile coverage is the primary avenue for compensation. Key features under the standard policy as regulated by the FCNB:

• Coverage trigger: The at-fault driver cannot be identified (hit-and-run) or is uninsured.
• Vehicle damage deductible: A $250 deductible applies to property damage claims involving an unidentified driver.
• Police report requirement: Insurers require the claimant to report the collision to police as a condition of this coverage. Report as soon as possible after the incident.
• Bodily injury: Unidentified-driver bodily injury claims are paid through the mandatory uninsured automobile coverage in the standard policy.

Drivers who want additional protection against underinsured at-fault drivers can purchase the optional SEF 44 (Family Protection Endorsement). The SEF 44 tops up the victim's recovery to the level their own policy provides, filling the gap when the at-fault driver's liability limit is lower than the victim's damages. Under the FCNB's guidance, the SEF 44 also responds where the at-fault driver is entirely uninsured.

The Facility Association

The Facility Association is an industry-wide mechanism that ensures automobile insurance remains available to high-risk drivers who cannot obtain coverage in the standard market. It operates in New Brunswick, Ontario, Alberta, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, and the three territories. The Facility Association's Uninsured Automobile Fund (UAF) can provide compensation to victims injured by uninsured or unidentified drivers in jurisdictions where no other provincial fund exists. Claimants seeking compensation from the UAF must report the collision to police and meet the procedural requirements set out in the applicable provincial legislation.

What "Reasonable Excuse" Means Under Section 320.16

Section 320.16(1) of the Criminal Code includes an explicit defence of "reasonable excuse" for a driver who fails to stop, give their name and address, or offer assistance. The defence is fact-specific and has been interpreted narrowly by Canadian courts. Examples that courts have considered in applying the analogous defence under the former section 252 include:

• The driver was unaware that any impact had occurred (genuine lack of knowledge, not wilful blindness).
• The driver feared for their personal safety and sought police assistance before returning to the scene.
• A medical emergency inside the vehicle prevented the driver from stopping immediately.

The "reasonable excuse" defence does not extend to situations where the driver simply chose to leave to avoid inconvenience, embarrassment, or the consequences of impaired driving. Courts have held that leaving to avoid detection of impairment is not a reasonable excuse.

Demerit Points and Licence Consequences in New Brunswick

New Brunswick's demerit-point system assigns points for provincial Motor Vehicle Act convictions. Accumulating sufficient demerit points triggers graduated warnings and, ultimately, licence suspension by the Registrar of Motor Vehicles. A conviction for failing to stop or failing to remain at the scene of a collision carries a significant demerit-point penalty in addition to any fine. Drivers with a Class 7 (learner's) or Class 5N (novice) licence face suspension thresholds lower than those applicable to fully licensed drivers.

A Criminal Code conviction under section 320.16 can also result in a federal driving prohibition under section 320.24 of the Criminal Code, which operates independently of the provincial demerit and suspension system.

Civil Liability After a Hit-and-Run

A driver who flees the scene faces civil as well as criminal and regulatory consequences. In New Brunswick, a victim of a hit-and-run who cannot identify the at-fault driver may:

• Claim through their own insurer using the mandatory uninsured automobile coverage (subject to the $250 vehicle damage deductible and the police-report requirement).
• Pursue a civil action through the Facility Association's Uninsured Automobile Fund if the at-fault driver is later identified as being uninsured, subject to the procedural requirements under the Motor Vehicle Act and the Insurance Act, SNB 1996, c I-12.05.

Where the at-fault driver is eventually identified and located, the victim may pursue a civil negligence action in the New Brunswick Court of King's Bench. New Brunswick's Limitation of Actions Act, SNB 2009, c L-8.5 provides a basic two-year limitation period from the date the claim was or ought to have been discovered, subject to a 15-year absolute limit.

The driver who fled may also face civil liability for any aggravated damages that result from the delay in rendering assistance; for example, if a victim's injuries worsened because emergency help was not called at the scene.

How New Brunswick Compares to Other Provinces

New Brunswick shares the Atlantic Canada private-market insurance model with Nova Scotia, Prince Edward Island, and Newfoundland and Labrador. The key differences from some larger provinces:

• No public insurer. Unlike BC, Manitoba, Saskatchewan, and Quebec, New Brunswick does not have a government insurer that automatically covers all hit-and-run victims. Coverage depends on the victim's own policy.
• Mandatory unidentified-driver coverage. New Brunswick's standard mandatory auto policy includes uninsured/unidentified-driver protection, providing a baseline that is absent in some jurisdictions without a public insurer.
• Facility Association backstop. The Facility Association's UAF provides a last-resort mechanism for victims who, for any reason, are not covered by a standard policy.

For federal law comparisons across all Canadian provinces and territories, see the Canada hit-and-run laws hub.

For US state hit-and-run laws, see the US hit-and-run laws hub.

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Legal information notice: This article provides general legal information about hit-and-run and leaving-the-scene offences in New Brunswick, Canada. It is not legal advice and does not create a lawyer-client relationship. Laws and regulations are subject to amendment; statutes cited are as in force as of June 2026. For advice about your specific situation, consult a lawyer licensed to practise in New Brunswick.

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