Prince Edward Island Hit and Run Laws (2026)

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 It replaced the former section 252, which has been fully repealed. Any guide or article still citing section 252 as the current hit-and-run law is out of date.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 That presumption was repealed along with section 252 in 2018.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:

1. Stop the conveyance immediately.
2. Give their name and address to anyone involved.
3. 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:

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:

1. Call 911 immediately if anyone is injured.
2. 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).
3. Note all details about the fleeing vehicle: licence plate, colour, make, model, and direction of travel.
4. Photograph the scene, any damage, and any debris.
5. Gather contact information from any witnesses.
6. Notify your own insurer promptly. Policies typically require prompt notice of unidentified-driver claims and may bar late claims.
7. 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.

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