Part 1 of a 3-part blog series on ATV liability, based on a presentation by Robert Murphy at the 2024 County of Carleton Law Association Civil Litigation conference on November 15, 2024
Usually, ATVs must have insurance.But the "if" and the "why" depends on where they're being used, and what they're being used for.
ATVs are used in both work and play, in a variety of different settings, including:
- Private property;
- Crown land;
- Municipal roads;
- Some Provincial highways; and
- Designated OFATV (Ontario Federation of All Terrain Vehicles) trails (which may be on private property, crown land, or highways).
Usually, ATVs must have insurance.But the "if" and the "why" depends on where they're being used, and what they're being used for.
Section 15 of the Off-Road Vehicles Act ("ORVA")requires all off-road vehicles to be insured under a motor vehicle liability policy in accordance with the Insurance Act. This includes ATVs.
There is one big exemption: the ATV does not need to be insured when it is driven on land occupied by the ATV's owner.
"Occupied" is not defined in the ORVA, but "occupier" is defined to include:
(a) a person who is in physical possession of the land, or
(b) a person who has responsibility for and control over the condition of land or the activities there carried on, or control over persons allowed to enter the land, even if there is more than one occupier of the same land (ORVA, R.S.O. 1990, c. O.4, s. 1)
There is also a narrow exemption for off-road vehicles driven or exhibited at a closed course competition or rally sponsored by a motorcycle association (R.R.O. 1990, Reg. 863: General, s. 2)
The make the insurance requirement ironclad, the government has also regulations under the Highway Traffic Act that require all off-road vehicles driven on highways to be insured in accordance with the ORVA and the Compulsory Automobile Insurance Act.
So, the short answer is generally yes:ATVs must have insurance.Even if you only plan to use an ATV on your own property, we suggest insuring it anyway.ATV accidents can be catastrophic.If you are involved in an ATV accident, you want the protections afforded to you by insurance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
