Off-Road Vehicles Act, R.S.O. 1990, c. O.4

• Jurisdiction: Ontario

Off-Road Vehicles Act

R.S.O. 1990, Chapter O.4

Consolidation Period: From January 1, 2021 to the e-Laws currency date.

Last amendment: 2019, c. 15, Sched. 26.

CONTENTS

Definitions

1 In this Act,

“conservation officer” means a conservation officer under the Fish and Wildlife Conservation Act, 1997 and an officer under the Provincial Parks and Conservation Reserves Act, 2006; (“agent de protection de la nature”)

“highway”, includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“route”)

“holder”, when used in relation to a permit, means the person in whose name the plate portion of a permit is issued; (“titulaire”)

“Minister” means the Minister of Transportation; (“ministre”)

“Ministry” means the Ministry of Transportation; (“ministère”)

“occupier” includes,

(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; (“occupant”)

“off-road vehicle” means a vehicle propelled or driven otherwise than by muscular power or wind and designed to travel,

(a) on not more than three wheels, or

(b) on more than three wheels and being of a prescribed class of vehicle; (“véhicule tout-terrain”)

“peace officer” includes a police officer, conservation officer or other person employed for the preservation and maintenance of the public peace or any officer appointed for enforcing or carrying out the provisions of this Act; (“agent de la paix”)

“permit”, unless otherwise indicated, means a permit issued under section 5 consisting of a vehicle portion and a plate portion; (“certificat d’immatriculation”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“Registrar” means the Registrar of Motor Vehicles appointed under the Highway Traffic Act; (“registrateur”)

“regulations” means the regulations made under this Act. (“règlements”) R.S.O. 1990, c. O.4, s. 1; 1997, c. 41, s. 123 (1); 2006, c. 12, s. 64; 2009, c. 33, Sched. 26, s. 7 (1).

Section Amendments with date in force (d/m/y)

1997, c. 41, s. 123 (1) - 01/01/1999

2006, c. 12, s. 64 - 04/09/2007

2009, c. 33, Sched. 26, s. 7 (1) - 15/12/2009

Application

2 (1) This Act does not apply in respect of off-road vehicles being operated on a highway. R.S.O. 1990, c. O.4, s. 2 (1).

Exception

(2) Despite subsection (1), and section 7, subsection 32 (1) and subsections 62 (1), (3) to (26) and (28) to (32) of the Highway Traffic Act, a holder of a driver’s licence issued under section 32 of the Highway Traffic Act who is not contravening any provision of this Act may drive an off-road vehicle,

(a) directly across a highway; or

(b) on a highway, if the vehicle is designed to travel on more than two wheels and the driver is,

(i) a farmer using the vehicle for agricultural purposes, or

(ii) a person licensed under the Fish and Wildlife Conservation Act, 1997 to trap furbearing mammals, if the person is using the vehicle for trapping purposes,

and the vehicle or a vehicle drawn by it bears a slow moving vehicle sign. R.S.O. 1990, c. O.4, s. 2 (2); 1997, c. 41, s. 123 (2).

Application

(3) Subsection (2) does not apply to a motorcycle with a side car, a farm tractor, a self-propelled implement of husbandry or a road-building machine as defined in the Highway Traffic Act or to an off-road vehicle designated by regulation as a vehicle of a class of off-road vehicle that is exempt from section 3 of this Act. R.S.O. 1990, c. O.4, s. 2 (3).

Section Amendments with date in force (d/m/y)

1997, c. 41, s. 123 (2) - 01/01/1999; 1999, c. 12, Sched. R, s. 20 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011

Permit required

3 (1) No person shall drive an off-road vehicle except under the authority of a permit for the vehicle and with the number plate showing the number of the permit displayed on the vehicle in the manner prescribed. R.S.O. 1990, c. O.4, s. 3 (1).

Permit to be carried

(2) Every driver of an off-road vehicle shall carry the permit for it or a true copy thereof and shall surrender the permit or copy for inspection upon demand of a peace officer. R.S.O. 1990, c. O.4, s. 3 (2).

Exception

(3) Subsection (2) does not apply to a driver of an off-road vehicle on land where the owner of the vehicle is the occupier of the land. R.S.O. 1990, c. O.4, s. 3 (3).

Age limit for driving

4 (1) No owner of an off-road vehicle shall permit a child under the age of twelve to drive the vehicle. R.S.O. 1990, c. O.4, s. 4 (1).

Exception

(2) Subsection (1) does not apply where the child is driving the vehicle,

(a) on land occupied by the vehicle owner; or

(b) under the close supervision of an adult. R.S.O. 1990, c. O.4, s. 4 (2).

Issuance of permits

5 (1) Subject to subsection (2), every person who,

(a) is the owner of an off-road vehicle;

(b) is, in the case of an individual, at least sixteen years of age; and

(c) pays the prescribed fee,

is entitled to be issued a numbered permit from the Ministry for the vehicle in accordance with the regulations. R.S.O. 1990, c. O.4, s. 5 (1).

Permit documentation

(2) Prior to the issuance of a permit under this section, the person to whom the application is made may require production of such documentation as is considered necessary to establish the requirements set out in subsection (1). R.S.O. 1990, c. O.4, s. 5 (2).

Use of plates

(3) The Ministry may authorize number plates in an applicant’s possession for use on an off-road vehicle. R.S.O. 1990, c. O.4, s. 5 (3).

Local issuance of permits

(4) The Minister may authorize any person to issue permits for off-road vehicles and may define the duties and powers of such person. R.S.O. 1990, c. O.4, s. 5 (4).

Fee for issuing permits

(5) Where a salary is not provided for a person authorized under subsection (4), the Minister may set a fee to be retained by the person for each permit issued. R.S.O. 1990, c. O.4, s. 5 (5).

Records

(6) The Ministry shall maintain,

(a) a numerical index record of all permits issued and in force under this section; and

(b) an alphabetical index record of the names and addresses of all persons to whom permits that are in force have been issued. R.S.O. 1990, c. O.4, s. 5 (6).

Regulations re permits and permit numbers

(7) The Minister may make regulations respecting any matter ancillary to the provisions of this section with respect to permits and in particular,

(a) prescribing forms for the purposes of this section and requiring their use;

(b) respecting the issuance of permits and number plates;

(c) governing the manner of displaying number plates on off-road vehicles;

(d) prescribing fees for the issuance and replacement of permits and number plates and for any additional administrative proceedings arising therefrom;

(e) respecting permits and number plates for use, on a temporary basis, on off-road vehicles in the possession of,

(i) manufacturers of off-road vehicles,

(ii) dealers in off-road vehicles, or

(iii) persons in the business of repairing, customizing, modifying or transporting off-road vehicles,

where the vehicles are not kept for private use or for hire and prescribing conditions under which such off-road vehicles may be operated;

(f) prescribing requirements for the purposes of section 8;

(g) prescribing conditions precedent to be met before an issued permit is valid. R.S.O. 1990, c. O.4, s. 5 (7); 2019, c. 8, Sched. 1, s. 41 (1).

Section Amendments with date in force (d/m/y)

2019, c. 8, Sched. 1, s. 41 (1) - 01/01/2021

False statement

6 (1) Every person who knowingly makes a false statement in an application, declaration, affidavit or paper writing required by this Act, the regulations or the Ministry, is guilty of an offence and on conviction, in addition to any other penalty to which the person may be liable, is liable to a fine of not less than $100 and not more than $500 or to imprisonment for a term of not more than thirty days, or to both. R.S.O. 1990, c. O.4, s. 6 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 of the Act is amended by adding the following subsection: (See: 2019, c. 15, Sched. 26, s. 1)

False or inaccurate document

(1.1) Every person who, under this Act, submits a false or inaccurate document or electronic document, or displays, presents or surrenders a document or electronic document that is fictitious, altered or an imitation is guilty of an offence and on conviction, in addition to any other penalty to which the person may be...