Yes.

It is self-propelled and would therefore be considered an "automobile" under the Insurance Act.

Whether the Automobile Part of the Insurance Act would apply would depend on (i) whether registered under the Motor Vehicle Act ; or (ii) whether insured under a policy approved by the Superintendent.

The NB Court of Appeal confirmed that, in the absence of a descriptive definition of automobile in a policy of insurance approved by the Superintendent insuring the ATV in question, the definition of automobile in the Insurance Act prevails, which includes an ATV.

See Thériault v General Accident Assurance Co. of Canada 1990 NBJ No 871 and Richard v Co-Operators General Insurance Company , 2008 NBQB 235.

Section 3(1) of the Off-Road Vehicle Act also requires that an ATV be registered and that it be covered by a motor vehicle liability policy before it is driven.

For more information, please contact:

Amy Maillet
Cox & Paler
Moncton