ATVs specifically defined in Motor Vehicle Act as "wheeled or tracked vehicle designed for the transportation of persons, property or equipment exclusively on marshland, open country or other unprepared surfaces…". Thus, specifically prohibited from registration and operation on highway. Also listed as an "off-highway vehicle" in Off-highway Vehicles Act.

However, as per Slaunwhite decision: ATVs and other off road vehicles are captured by broad Insurance Act definition of "automobile" - even though they may not be required to be registered under Motor Vehicle Act. This is consistent with NB decision in Theriault.

Further, coverage under auto liability policy mandated by Off-highway Vehicles Act when driven on land not owned or occupied by vehicle owner.

In certain circumstances, there could be coverage under homeowners liability policy.

For more information, please contact:

Joe Burke
Cox & Palmer
Halifax