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Nova Scotia Hit-and-Run Laws: Penalties & What to Do

Independently fact-checkedBy Recording Law Editorial TeamReviewed June 8, 202618 min read
Nova Scotia Hit-and-Run Laws: Penalties & What to Do

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Nova Scotia Hit-and-Run Laws: Penalties and What to Do

In Nova Scotia, leaving the scene of an accident is a provincial offence under section 97 of the Motor Vehicle Act, RSNS 1989, c 293, and can simultaneously constitute a federal criminal offence under section 320.16 of the Criminal Code, RSC 1985, c C-46. The federal provision has been in force since 18 December 2018, replacing the former section 252, which was repealed by SC 2018, c 21, s 14.

Information last verified on 2026-06-07. This article presents general legal information about Nova Scotia and federal law and is not legal advice. Statutes cited reflect their in-force versions as of that date.

Key Takeaways

  • Under Motor Vehicle Act (NS) s. 97(1), every driver directly or indirectly involved in an accident must immediately stop at the scene.
  • The driver must give their name, address, and registration number, exhibit their licence, and render reasonable assistance to any injured person (s. 97(3)).
  • For accidents involving damage to an unattended vehicle, the driver has 24 hours to notify the owner or report to police (s. 97(5)).
  • A written accident report to police or the Registrar of Motor Vehicles is required within 24 hours when property damage is $2,000 or more, or when there is injury or death (s. 98(1)).
  • At the federal level, failing to stop is a criminal offence under Criminal Code s. 320.16 carrying up to 10 years imprisonment (no injury), up to 14 years (bodily harm), or up to life imprisonment (death). The former s. 252 evidentiary presumption does not apply under the current law.
  • Nova Scotia uses a private automobile insurance market. Victims struck by an unidentified driver may claim through the Facility Association, which pays up to $500,000 (exclusive of costs) for accidents on or after 1 April 2004 (Insurance Act (NS), s. 139Q).

Jurisdiction scope: This article addresses Nova Scotia provincial law under the Motor Vehicle Act, RSNS 1989, c 293, and federal law under the Criminal Code, RSC 1985, c C-46. For the national framework covering all Canadian provinces and territories, see the Canada hit-and-run laws hub. For US state-by-state hit-and-run law, see the US hit-and-run laws hub.

Nova Scotia close-up of a vehicle license plate frame, plate blurred out

What Nova Scotia's Motor Vehicle Act Requires at the Scene

Section 97 of the Motor Vehicle Act (NS) imposes a layered set of duties that apply the moment a driver is involved in any accident, whether directly or indirectly.

Subsection 97(1) is the foundational duty: the driver of a vehicle "directly or indirectly involved in an accident shall immediately stop the vehicle at the scene of the accident." The word "immediately" is not qualified by distance or circumstances. A driver who continues even a short distance before stopping risks violating this provision.

Subsection 97(3) requires the stopping driver to give their name, address, and the registration number of their vehicle, exhibit their driver's licence to the person struck, to the driver or occupants of any vehicle involved, or to a witness, and to render reasonable assistance to any injured person. Reasonable assistance includes transporting an injured person to a physician or surgeon if treatment is clearly necessary or if the injured person requests it.

Subsection 97(4) addresses accidents involving unattended vehicles or property. When a vehicle strikes an unattended car or property on or adjacent to a highway, the driver must take reasonable steps to locate and notify the owner and provide their name, address, registration number, and driver's licence number.

Subsection 97(5) creates an alternative where the owner cannot be located: the driver must, within 24 hours, report the required information to the chief of police or a regular member of the police force (within a city or incorporated town) or to the nearest detachment of the Royal Canadian Mounted Police (elsewhere in the province).

Failing to comply with section 97 can attract penalties under two separate penalty provisions. Section 297 of the Motor Vehicle Act classifies certain violations of section 97 as category F offences. Section 298 classifies others as category G offences, which carry a higher penalty under the Summary Proceedings Act (NS). Both carry summary conviction penalties that can include fines.

Nova Scotia witness statement form on a clipboard with a pen

Mandatory Accident Reporting to Police

Section 98(1) of the Motor Vehicle Act (NS) adds a formal reporting duty separate from the roadside information-exchange duty under section 97. A driver involved in an accident that results in:

  • injury or death to any person, or
  • property damage to an apparent extent of two thousand dollars or more

must, within 24 hours, either forward a written report or report in person. Within a city or incorporated town, the report goes to the Registrar, the nearest RCMP detachment, or the chief of police or any regular member of the police force. Outside a city or town, the report goes to the Registrar or the nearest RCMP detachment (s. 98(1)(a)-(b)).

Where the driver is physically incapable of making the report, another occupant of the vehicle is required to make it (s. 98(2)).

The $2,000 threshold distinguishes Nova Scotia from some other Canadian provinces. Ontario, for example, raised its threshold to $5,000 effective 1 January 2025. Nova Scotia's Motor Vehicle Act retains the $2,000 figure as of the verification date of this article.

Note: Reports made under section 98 are confidential and are not admissible as evidence at any civil or criminal trial arising from the accident, except to prove that a report was made or in connection with a prosecution for making a false statement (s. 98(6)). This means a driver's mandatory accident report cannot be used against them as an admission of liability in subsequent litigation.

Nova Scotia calculator and receipt on a desk beside a car insurance card

The Federal Criminal Offence: Criminal Code s. 320.16

Nova Scotia's provincial duties under sections 97 and 98 operate in parallel with the federal Criminal Code. Section 320.16, enacted as part of SC 2018, c 21 (Bill C-46) and in force since 18 December 2018, creates a three-tier criminal offence:

Section 320.16(1) (basic offence): A driver who knows or is reckless as to whether their conveyance was involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop, give their name and address, and offer assistance where any person is injured or appears to require it, commits a hybrid offence. On indictment, the maximum penalty is 10 years imprisonment under Criminal Code s. 320.19(5). On summary conviction, the maximum is 2 years less a day.

Section 320.16(2) (bodily harm): Where the driver also knows or is reckless as to whether the accident caused bodily harm to another person, the maximum on indictment rises to 14 years (s. 320.2), with mandatory minimums: $1,000 fine for a first offence, 30 days imprisonment for a second, and 120 days for subsequent offences. Summary conviction carries up to $5,000 or 2 years less a day, with the same mandatory minimums.

Section 320.16(3) (death): Where the driver knows or is reckless as to whether the accident caused death, or caused bodily harm leading to death, this becomes a straight indictable offence carrying up to life imprisonment under s. 320.21, with the same mandatory minimum scale as the bodily harm provision.

The term "conveyance" in Part VIII.1 of the Criminal Code is defined in s. 320.11 to include motor vehicles, vessels, aircraft, and railway equipment.

Accuracy note: Some older Canadian legal guides continue to cite section 252 of the Criminal Code as the hit-and-run provision. Section 252 was repealed by SC 2018, c 21, s 14 and is no longer in force. The repealed section 252(2) contained an evidentiary presumption that failing to stop was, in the absence of evidence to the contrary, proof of intent to escape civil or criminal liability. Section 320.16 does not contain an equivalent presumption. The Crown must prove knowledge or recklessness as the mens rea element without the benefit of that statutory shortcut.

A conviction under section 320.16 results in a criminal record. The provincial offence under the Motor Vehicle Act and the federal criminal charge can both be pursued; they are separate legal proceedings with different consequences.

Nova Scotia's Insurance Market and Unidentified-Driver Claims

Unlike British Columbia (ICBC), Quebec (SAAQ), Manitoba (MPI), or Saskatchewan (SGI), Nova Scotia does not have a public automobile insurer. The province operates a private automobile insurance market regulated by the Nova Scotia Utility and Review Board and supervised under Part VI of the Insurance Act, RSNS 1989, c 231.

This means that when a driver is struck by a vehicle whose driver fled the scene and cannot be identified, the victim's options depend on the combination of their own policy coverage and, where that is insufficient or absent, the Facility Association.

Coverage under your own policy. Standard automobile insurance policies in Nova Scotia include Uninsured Automobile Coverage (section B of the standard policy form and, in many cases, the SEF 44 Family Protection Endorsement). These coverages respond to bodily injury and, subject to policy terms, property damage claims arising from collisions with uninsured or unidentified drivers. Policyholders should review their own policy and contact their insurer promptly following a hit-and-run incident.

The Facility Association as last resort. The Facility Association is an unincorporated non-profit association of insurers that operates in Nova Scotia (and other Atlantic provinces, Ontario, Alberta, and the territories) under a plan of operations required by Insurance Act (NS), s. 106(1A). Sections 139A to 139U of the Insurance Act govern Facility Association claims in Nova Scotia.

Under Insurance Act s. 139Q, the Facility Association is not required to pay more than $500,000, exclusive of costs, for injury, death, or property damage resulting from any one accident occurring on or after 1 April 2004. Property damage claims are further limited to amounts exceeding $250. The Facility Association's liability covers only persons who are not otherwise insured under a contract of automobile insurance or whose existing insurance is inadequate to cover the damages claimed (s. 139A(2)).

Unidentified driver procedure. Where the identity of the automobile, owner, and driver cannot be established, Insurance Act s. 139J requires the victim to apply to a judge of the Supreme Court of Nova Scotia for an order permitting an action against a nominal "party unknown." Section 139K allows the court to grant such an order where the applicant establishes that all reasonable efforts were made to identify the vehicle and driver and that identification cannot be achieved. The Facility Association has the rights of a defendant in such proceedings under s. 139L.

This court-process requirement for unidentified-driver claims distinguishes Nova Scotia's framework from public-insurer provinces, where claims against ICBC, SAAQ, MPI, or SGI are handled administratively. Nova Scotia victims of hit-and-run collisions by unidentified drivers face a more formal legal pathway and should engage a Nova Scotia lawyer promptly.

Watch out: Section 139A(3) of the Insurance Act bars the Facility Association from paying for damage to a vehicle owned or registered in the name of the claimant if that person was driving or had care and control of it at the time, even if they had no applicable insurance on that vehicle. This exclusion does not affect bodily injury claims.

What to Do After a Hit-and-Run in Nova Scotia

If you are involved in a hit-and-run in Nova Scotia, the following steps reflect the legal duties and practical requirements outlined in the Motor Vehicle Act and the Insurance Act:

  1. Call 911 immediately if there are injuries. If there are no injuries but damage appears to exceed $2,000, you still need to report to police within 24 hours under Motor Vehicle Act s. 98(1).
  2. Document the scene. Record everything you can about the fleeing vehicle: make, model, colour, partial or full licence plate, direction of travel, and any witness contact information.
  3. Report to police. For accidents within a city or incorporated town, report to the local police force or the nearest RCMP detachment. For accidents outside a city or town, report to the nearest RCMP detachment or to the Registrar of Motor Vehicles.
  4. Notify your insurer promptly. Your own policy's Uninsured Automobile Coverage may respond to the claim. Review your policy for any notification deadlines.
  5. Consult a lawyer if the driver is unidentified. Pursuing compensation through the Facility Association where the driver's identity cannot be established requires a court application to the Supreme Court of Nova Scotia under Insurance Act s. 139J-K. This is a formal legal process.
  6. Retain all evidence. Police report numbers, photographs, medical records, and repair estimates all support any insurance or court claim.

If you are the driver involved in an accident, your legal obligations under Motor Vehicle Act s. 97 are immediate: stop, exchange information, render assistance. Leaving the scene exposes you to both a provincial Motor Vehicle Act offence and a potential federal Criminal Code s. 320.16 prosecution.

Frequently Asked Questions

What is the law for hit and run in Nova Scotia?

Nova Scotia has both a provincial and a federal layer. The Motor Vehicle Act (NS), s. 97 requires every driver involved in an accident to immediately stop, exchange information, and render assistance. Failing to comply is a provincial offence. In parallel, Criminal Code s. 320.16 makes it a criminal offence to fail to stop when a driver knows or is reckless about being involved in an accident. The federal offence carries up to 10 years imprisonment (no injury), 14 years (bodily harm), or life imprisonment (death).

What section of the Criminal Code covers hit and run in Canada?

Section 320.16, enacted by SC 2018, c 21 (Bill C-46) and in force since 18 December 2018. The former section 252 was repealed by the same Act (SC 2018, c 21, s 14) and is no longer the applicable provision.

Does the old section 252 presumption still apply in Nova Scotia?

No. Section 252 of the Criminal Code was repealed in 2018. The evidentiary presumption contained in the former s. 252(2) (that failing to stop was proof of intent to escape liability) no longer exists under the current law. Section 320.16 requires the Crown to prove knowledge or recklessness as the mental element.

When must you report an accident to police in Nova Scotia?

Under Motor Vehicle Act (NS) s. 98(1), you must report to police or the Registrar within 24 hours when the accident involves injury or death, or when property damage is $2,000 or more. This threshold is lower than Ontario's $5,000 threshold.

What happens if I am struck by an unidentified driver in Nova Scotia?

Nova Scotia does not have a public insurer. Your first recourse is your own automobile insurance policy's Uninsured Automobile Coverage. If you are uninsured or your coverage is inadequate, you may apply to the Facility Association under Insurance Act (NS), ss. 139A-139U. Where the driver's identity cannot be established, this requires a court application to the Supreme Court of Nova Scotia for permission to sue a "party unknown" (s. 139J). The Facility Association then stands in as defendant and its liability is capped at $500,000 for accidents on or after 1 April 2004 (s. 139Q).

Is hit and run a criminal offence in Nova Scotia?

Yes, when the driver knew or was reckless about being involved in an accident and failed to stop, give their name and address, or offer assistance. A conviction under Criminal Code s. 320.16 results in a criminal record. Property-damage-only accidents that do not rise to the criminal threshold may still result in a provincial Motor Vehicle Act offence.

What is the Facility Association and how does it help hit-and-run victims?

The Facility Association is an industry-funded body that operates as the insurer of last resort in Nova Scotia. Under Insurance Act (NS) ss. 139B to 139U, it pays compensation to victims of uninsured or unidentified drivers where the victim has no applicable insurance or insufficient coverage. For accidents on or after 1 April 2004, the maximum payout is $500,000 exclusive of costs. Unidentified-driver claims require a Supreme Court application before an action can proceed.

Can a driver be charged under both Nova Scotia law and federal law for the same hit-and-run?

Yes. The provincial Motor Vehicle Act offence and the federal Criminal Code s. 320.16 offence are separate legal proceedings arising from distinct legislative regimes. A driver may face provincial fines and demerit points for the Motor Vehicle Act violation and criminal prosecution under the Criminal Code for the same underlying conduct. There is no double jeopardy bar between provincial regulatory offences and federal criminal prosecutions in Canada.

What are the penalties for hit and run under Nova Scotia's Motor Vehicle Act?

Section 97 violations are classified as category F offences under s. 297 and category G offences under s. 298 of the Motor Vehicle Act, each attracting summary conviction penalties under the Summary Proceedings Act (NS). Section 98 reporting violations (failure to report within 24 hours) are category D offences under s. 295. Conviction can also result in demerit points against the driver's licence, which may trigger licence suspension under the province's graduated licensing framework.

Where to Learn More

For the national framework governing all Canadian provinces and territories, the Canada hit-and-run laws overview covers federal Criminal Code penalties, the public-insurer versus private-market distinction, and province-by-province reporting thresholds. For US law, see the US hit-and-run laws guide.

Disclaimer

This article presents general legal information about Nova Scotia provincial law under the Motor Vehicle Act, RSNS 1989, c 293, and federal law under the Criminal Code, RSC 1985, c C-46. It is not legal advice and does not create a lawyer-client relationship. Laws change; verify current versions of all statutes before relying on them. The information was last verified on 2026-06-07 and reflects statutes as of that date. If you have been involved in a hit-and-run incident or face charges, consult a lawyer licensed in Nova Scotia for advice specific to your situation.

Authorities Cited

  1. Criminal Code, RSC 1985, c C-46, s 320.16 (failure to stop after accident). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-320.16.html
  2. Criminal Code, RSC 1985, c C-46, s 320.11 (definition of conveyance). https://laws-lois.justice.gc.ca/eng/acts/C-46/page-47.html
  3. Criminal Code, RSC 1985, c C-46, ss 320.19(5), 320.2, 320.21 (penalty provisions). https://laws-lois.justice.gc.ca/eng/acts/C-46/page-47.html
  4. SC 2018, c 21 (Bill C-46), ss 14-15 (repeal of s 252; introduction of Part VIII.1 including s 320.16). https://laws-lois.justice.gc.ca/eng/annualstatutes/2018_21/FullText.html
  5. Criminal Code, RSC 1985, c C-46, s 252 (repealed SC 2018, c 21, s 14). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-252.html
  6. Motor Vehicle Act, RSNS 1989, c 293, s 97 (duty to stop at accident and to report). https://www.nslegislature.ca/sites/default/files/legc/statutes/motor%20vehicle.pdf
  7. Motor Vehicle Act, RSNS 1989, c 293, s 98 (accident report; $2,000 property damage threshold). https://www.nslegislature.ca/sites/default/files/legc/statutes/motor%20vehicle.pdf
  8. Motor Vehicle Act, RSNS 1989, c 293, ss 297-298 (category F and G offence penalty provisions). https://www.nslegislature.ca/sites/default/files/legc/statutes/motor%20vehicle.pdf
  9. Motor Vehicle Act, RSNS 1989, c 293, ss 213-214 (Judgment Recovery (NS) Ltd., civil remedy fund). https://www.nslegislature.ca/sites/default/files/legc/statutes/motor%20vehicle.pdf
  10. Insurance Act, RSNS 1989, c 231, ss 139A-139U (Facility Association claims in Nova Scotia; uninsured and unidentified driver framework). https://www.nslegislature.ca/sites/default/files/legc/statutes/insurance.pdf
  11. Insurance Act, RSNS 1989, c 231, s 139Q (Facility Association maximum payment $500,000 for accidents on or after 1 April 2004; property damage excess $250). https://www.nslegislature.ca/sites/default/files/legc/statutes/insurance.pdf
  12. Insurance Act, RSNS 1989, c 231, ss 139J-139K (unidentified driver: Supreme Court application for order to sue party unknown). https://www.nslegislature.ca/sites/default/files/legc/statutes/insurance.pdf
  13. Insurance Act, RSNS 1989, c 231, s 106(1A) (every insurer required to participate in Facility Association plan). https://www.nslegislature.ca/sites/default/files/legc/statutes/insurance.pdf

Last updated: 2026-06-07. Statutes cited reflect their in-force versions as of 2026-06-07.

Updates

Independently fact-checked against the cited primary sources

The Law Behind This Article

This article rests on 2 statutory provisions held in our own legal record, each 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) · as of 2026-08-12 · Read the full section at laws-lois.justice.gc.ca

Cited in 4 court opinionsMost recently applied by a court: 2016

Leading cases: 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) · as of 2026-08-12 · Read the full section at laws-lois.justice.gc.ca

Cited in 2 court opinionsMost recently applied by a court: 2023

Leading cases: 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)

Search our full record of Canadian federal law — every consolidated Act, in English and French →

Sources and References

  1. Criminal Code, RSC 1985, c C-46, s 320.16 — Failure to stop after accident (current federal provision, in force 2018-12-18)(laws-lois.justice.gc.ca)
  2. Criminal Code, RSC 1985, c C-46, s 320.11 — Definition of conveyance (motor vehicle, vessel, aircraft, railway equipment)(laws-lois.justice.gc.ca)
  3. Criminal Code, RSC 1985, c C-46, ss 320.19(5), 320.2, 320.21 — Penalty provisions (10 yr / 14 yr / life)(laws-lois.justice.gc.ca)
  4. SC 2018, c 21 (Bill C-46) — Repeal of s 252; introduction of Part VIII.1 including s 320.16(laws-lois.justice.gc.ca)
  5. Criminal Code, RSC 1985, c C-46, s 252 (repealed SC 2018, c 21, s 14)(laws-lois.justice.gc.ca)
  6. Motor Vehicle Act, RSNS 1989, c 293, s 97 — Duty to stop at accident and to report (immediate stop; exchange info; render assistance; 24-hr unattended property notice)(nslegislature.ca)
  7. Motor Vehicle Act, RSNS 1989, c 293, s 98 — Accident report within 24 hours; $2,000 property damage reporting threshold(nslegislature.ca)
  8. Motor Vehicle Act, RSNS 1989, c 293, ss 297-298 — Category F and G offence penalty classifications(nslegislature.ca)
  9. Motor Vehicle Act, RSNS 1989, c 293, ss 213-214 — Judgment Recovery (NS) Ltd.(nslegislature.ca)
  10. Insurance Act, RSNS 1989, c 231, ss 139A-139U — Facility Association claims; uninsured and unidentified driver framework(nslegislature.ca)
  11. Insurance Act, RSNS 1989, c 231, s 139Q — Facility Association maximum $500,000 (accidents on/after 1 April 2004); property damage excess $250(nslegislature.ca)
  12. Insurance Act, RSNS 1989, c 231, ss 139J-139K — Unidentified driver; Supreme Court application to sue party unknown(nslegislature.ca)
  13. Insurance Act, RSNS 1989, c 231, s 106(1A) — Every NS insurer required to participate in Facility Association plan(nslegislature.ca)
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