NHL Instigator Rule Explained

NHL Instigator Rule Explained (The Ultimate Guide)

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Like it or not, fighting has always been a part of ice hockey and there’s no sign that’s going to change any time soon. However, even the NHL doesn’t want to return to the era of free-for-alls and uncontrollable brawling on the ice. Therefore the league brought in and updated the instigator rule to help reduce the number of fisticuffs during games.

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What is the NHL Instigator Rule?

The league has addressed the instigator infraction in its rulebook with Rule number 46.11.

According to the letter of the law, an instigator is a player who starts an altercation with an opponent. This can be done in several ways:

  • such as being the first to take off his gloves;
  • traveling a distance across the ice to confront an opponent;
  • throwing the first punch at an opponent;
  • displaying a menacing or threatening posture or attitude towards an opponent;
  • verbally threatening another player before or during a game;
  • threatening retribution or revenge for an incident that took place in a previous game or season.

The rule book also states that the league considers an altercation to have taken place when two or more players are involved and at least one of them is going to be penalized.

How Long is an Instigator Penalty?

When a referee has ruled that a player has instigated an altercation he will assess them with a two-minute minor penalty for instigating as well as a five-minute major penalty for fighting and a 10-minute misconduct for a total of 17 minutes of punishment.

If a player instigates a second altercation in the same contest it will result in a minor penalty for instigating, a major for fighting as well as a game misconduct.

If the same player is ruled to be the instigator for the third time in the same season they will automatically be handed a game misconduct following the altercation.

In addition, if a player is ruled to be both the aggressor and instigator of an altercation, he will be assessed a minor penalty for instigating, a major for fighting, a 10-minute misconduct for being the instigator and a game misconduct for also being the aggressor.

The NHL considers an aggressor of an altercation to be a player who continues to try to punch or inflict punishment on an opponent who is unwilling to fight back or is in a defenceless position. An aggressor is given a major penalty for fighting along with a game misconduct.

What Happens if You Get an Instigator Penalty in the Last 5 Minutes of a Game?

According to Rule 46.21, any player who instigates a fight during the last five minutes of a game shall be handed a minor penalty for instigating as well as a major for fighting and a game misconduct. The player will also be suspended for one game pending a league review of the altercation.

Take a look at Darnell Nurse of the Edmonton Oilers during a playoff game against Nicolas Hague of the Vegas Golden Knights. Notice the time remaining in the game is 49.7 seconds, this fight led to Nurse receiving an instigator penalty and an extra game suspension.

See the video below of the exciting tilt:

What About Overtime?

The NHL rule concerning instigating an altercation during the last five minutes of a game also pertains to any overtime period in a game. This means the player is given a minor, major and game misconduct as well as a one-game suspension and his coach is fined $10,000.

Can Repeat Offenders of the Instigator Rule Get Suspended?

If the suspension is upheld after the altercation has been reviewed by the league, the team’s coach is fined $10,000 and the fine is doubled with each following incident during the season.

The NHL may dismiss the suspension if it rules the instigating incident wasn’t related to the score of the game, a previous incident which took place in the game, an act of retaliation or was the act of sending a message to the opposing team. If the suspension is upheld, the player’s suspension is then doubled in length for each subsequent offence he commits during the season.

A player who instigates an altercation three times in a season is suspended for the next two games. If a player instigates a fight four times in the campaign he’s given a four-game ban and if he does it a fifth time he’s suspended for six games.

If a player instigates two altercations in the playoffs he receives a game suspension and for each subsequent incident the automatic suspension is increased by a game in length. However before the Stanley Cup Final series begins, all players have their previous instigator violations in that season’s playoffs wiped clean and begin the series with no violations on their record.

However, the violations remain on their historical record. The suspension is handed out in addition to any other automatic suspension that the player may incur for an accumulation.

Can Teams Appeal an Instigator Suspension?

A team may ask the NHL to review an instigator penalty and/or a game misconduct to one of its players by requesting it in writing within 48 hours after the game to the league’s Hockey Operations Department. If a team fails to submit a request in writing within 48 hours, the penalty will be upheld.

The league commissioner has the power to dish out a fine and/or suspension to the penalized player as well as to anybody else who was involved in the specific altercation

On the other hand, Rule 46.21 states that a team isn’t allowed to ask the league to review an instigating incident which took place in the last five minutes of a game or in overtime. This is because the altercation and automatic one-game suspension is reviewed by the league’s Director of Hockey Operations and a decision will be rendered.

The History of the Instigator Rule

The NHL officially introduced the instigator rule and penalty for breaking it in the 1992/93 season. However the rule has actually been around in one form or another in the league since 1937 when a major penalty was then handed out to any player who started a fight.

In 1992 the rule stated that the instigator is would be punished with a game misconduct, but that was modified in 1996 when the penalty was changed to a two-minute minor, five-minute major and 10-minute misconduct.

The 1992/93 instigator rule was introduced as a compromise as several teams wanted the league to hand out game misconducts to anybody involved in an on-ice fight. The board of governors then agreed to come up with the new instigator rule instead as a way to help reduce fisticuffs during a game.

Should the NHL Get Rid of the Instigator Penalty? (The Debate)

It could be argued that the instigator penalty has been effective in the NHL since it’s rarely called anymore and fighting has been reduced over the years. There’s always been a debate about the rule though as some people believe players should be able to police themselves on the ice by handing out their own type of justice to players who dish out dirty hits or go after star players.

Of course with the instigator rule in place fewer players are now willing to hand out some form of retribution to an opponent as it could result in being ejected from the game and a considerable amount of time for their team in the penalty box.

Those who are against the rule believe it results in more illegal stick work and cheap shots by players as they realize the opposing team is likely to shy away from starting a fight. But that argument doesn’t really hold much water since the basic premise of the rule has existed since 1937.

In addition, fighting still takes place in the NHL but now the role of the enforcer has more or less become obsolete. This has forced clubs to ice aggressive players who also possess good hockey skills to go along with their brawn.

If a hockey player believes a teammate has suffered an unforgivable cheap shot or illegal hit during a game he’s likely going to seek immediate revenge anyway regardless of the instigator penalty.

Read our related NHL Rules posts below to learn more about the game: 

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