The Saskatchewan Insurance Act, RSS 1978, c S-26 (the " SK Insurance Act"), defines an "automobile" in s. 2(h) as:

2(h) "automobile" includes a trolley bus and self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include railway rolling stock that runs on rails, watercraft or aircraft"

Part VI - Automobile Insurance" of the SK Insurance Act contains the provisions related to automobile insurance and applies to contracts of insurance "…made or renewed in Saskatchewan on or after January 1, 1969". Pursuant to s. 187(3) of the SK Insurance Act, Part VI "…does not apply to a contract providing insurance in respect of an automobile not required to be registered under The Traffic Safety Act unless it is insured under a contract evidenced by a form of policy approved under this Part". The term "automobile" is not defined in The Traffic Safety Act, SS 2004, c T-18.1 (the " SK Traffic Safety Act").

The terms "vehicle" and "self-propelled vehicle" are not defined in the SK Insurance Act; however, the term "vehicle" is defined the SK Traffic Safety Act, in s. 2(ccc), as follows:

2(ccc) "vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway and includes special mobile machines and farm implements but does not include vehicles running only on rails or solely on railway company property

The SK Traffic Safety Act also defines a "motor vehicle" in s. 2(r) as follows:

2(r) "motor vehicle" means a vehicle propelled or driven by any means other than muscular power;

A "motor vehicle" cannot be operated on a highway in Saskatchewan "…unless a certificate of registration or registration permit is obtained pursuant to…[the SK Traffic Safety Act] with respect to the vehicle" (see: s. 57 of the SK Traffic Safety Act). Having said that, The Registration Exemption and Reciprocity Regulations , 2014, c T-18.1, Reg 13 (the "Traffic Safety Regulations"), exempt certain vehicles that would otherwise fit the definition of a "vehicle" under the SK Traffic Safety Act from having to be registered.

Everyone who submits an application for registration under the SK Traffic Safety Act is required to make an application for insurance pursuant to The Automobile Accident Insurance Act , RSS 1978, c A-35 (the "AAIA"), legislation governing property damage and personal injury arising from motor vehicle accidents in Saskatchewan (in relation to the latter, benefits are paid either on a "no fault" or tort basis if an election for tort coverage has been paid prior to the accident). A "motor vehicle" is defined in the AAIA in s. 2(aa) as:

s. 2(aa) "motor vehicle" means any motor vehicle propelled by any power other than muscular force and adapted for transportation on highways, but not on rails

Pursuant to s. 84 of the AAIA, "…[the SK Insurance Act] does not apply to insurance under…[the AAIA]". A "vehicle" is only defined separately in the SK Insurance Act in relation to "non-resident owners".

Finally, The All Terrain Vehicles Act , SS 1988-89, c A-18.02 (the "SK ATV Act") and The Snowmobile Act , RSS 1978, c S-52 (the "SK Snowmobiles Act ") contain specific provisions regarding the use and operation of ATVs and snowmobiles in Saskatchewan.

For more information, please contact:

Sheila Caston
McKercher LLP
Saskatoon