Pursuant to s. 2(1)(h.1), a "farm implement" is "…a self-propelled or towed implement or tool designed to be used in an agricultural, horticultural or livestock operation…". A "farm implement" does not include, among other things, "…a vehicle designed for the conveyance on a highway of passengers…" and is specifically included in the definition of "vehicles" set out in s. 2(1)(ccc) of the SK Traffic Safety Act. Registration is not required because "farm implements" are specifically excluded pursuant to s. 2(b) of the Traffic Safety Regulations.

In Trew v Nelson (1996), 149 Sask R 78 (Q.B.), the plaintiff was injured when his motor vehicle collided with the defendant's farm implement (a seasonal field packer being towed by a tractor). The plaintiff sought to add SGI as a party to the action either on the basis of the uninsured motorist provisions of the AAIA or pursuant to the defendant's auto pak coverage policy. The Court found that, although the tractor was a "vehicle", it was not a "motor vehicle". Since the tractor was not a "motor vehicle", the accident was not caused by the operation of a "motor vehicle" and coverage was not available.

For more information, please contact:

Sheila Caston
McKercher LLP
Saskatoon