Acts and Regulations

O-1.5 - Off-Road Vehicle Act

Section 7.92
Disposition versions

Full text
Liability re all-terrain vehicle managed trails
7.92(1)The all-terrain vehicle trail manager shall carry and maintain liability insurance in conformity with the requirements established in the agreement made between the Minister of Natural Resources and Energy Development and the all-terrain vehicle trail manager under subsection 7.8(3).
7.92(2)No action or other proceeding lies or shall be commenced against an owner or occupier of land, a municipality, the Crown in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation or an employee, officer or agent of any of them for any injury, loss or damage suffered as a result of, arising out of or stemming from a person using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.
7.92(3)Subsection (2) does not apply to an action or other proceeding against an owner or occupier of land, a municipality, the Crown in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation under subsection (2) or an employee, officer or agent of any of them in circumstances where the owner, occupier or municipality, the Crown in right of the Province, the Minister of the Crown in right of the Province, the person or body or class of person or body or the employee, officer or agent, as the case may be,
(a) creates or has created a danger on an all-terrain vehicle managed trail with the deliberate intention of doing harm or damage to the person or the person’s property,
(b) does or has done a wilful act with reckless disregard for the presence of the person or the person’s property on an all-terrain vehicle managed trail, or
(c) is negligent while using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail or is negligent in failing to oversee properly an employee, officer or agent who is using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.
7.92(4)No action or other proceeding lies or shall be commenced against the Crown in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them
(a) in respect of any act done or omitted to be done in good faith in the execution or the intended execution of a duty or in the exercise or the intended exercise of a power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act, or
(b) in respect of any tort committed by the all-terrain vehicle trail manager, a subdelegate of the all-terrain vehicle trail manager or an employee or agent of the all-terrain vehicle trail manager or subdelegate in relation to a duty or power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act.
2003, c.7, s.10; 2004, c.20, s.42; 2009, c.59, s.2; 2016, c.37, s.127; 2019, c.29, s.192; 2023, c.17, s.180
Liability re all-terrain vehicle managed trails
7.92(1)The all-terrain vehicle trail manager shall carry and maintain liability insurance in conformity with the requirements established in the agreement made between the Minister of Natural Resources and Energy Development and the all-terrain vehicle trail manager under subsection 7.8(3).
7.92(2)No action or other proceeding lies or shall be commenced against an owner or occupier of land, a municipality, Her Majesty in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation or an employee, officer or agent of any of them for any injury, loss or damage suffered as a result of, arising out of or stemming from a person using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.
7.92(3)Subsection (2) does not apply to an action or other proceeding against an owner or occupier of land, a municipality, Her Majesty in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation under subsection (2) or an employee, officer or agent of any of them in circumstances where the owner, occupier or municipality, Her Majesty in right of the Province, the Minister of the Crown in right of the Province, the person or body or class of person or body or the employee, officer or agent, as the case may be,
(a) creates or has created a danger on an all-terrain vehicle managed trail with the deliberate intention of doing harm or damage to the person or the person’s property,
(b) does or has done a wilful act with reckless disregard for the presence of the person or the person’s property on an all-terrain vehicle managed trail, or
(c) is negligent while using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail or is negligent in failing to oversee properly an employee, officer or agent who is using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.
7.92(4)No action or other proceeding lies or shall be commenced against Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them
(a) in respect of any act done or omitted to be done in good faith in the execution or the intended execution of a duty or in the exercise or the intended exercise of a power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act, or
(b) in respect of any tort committed by the all-terrain vehicle trail manager, a subdelegate of the all-terrain vehicle trail manager or an employee or agent of the all-terrain vehicle trail manager or subdelegate in relation to a duty or power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act.
2003, c.7, s.10; 2004, c.20, s.42; 2009, c.59, s.2; 2016, c.37, s.127; 2019, c.29, s.192
All-terrain vehicle managed trails
7.92(1)The all-terrain vehicle trail manager shall carry and maintain liability insurance in conformity with the requirements established in the agreement made between the Minister of Energy and Resource Development and the all-terrain vehicle trail manager under subsection 7.8(3).
7.92(2)No action or other proceeding lies or shall be commenced against an owner or occupier of land, a municipality, Her Majesty in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation or an employee, officer or agent of any of them for any injury, loss or damage suffered as a result of, arising out of or stemming from a person using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.
7.92(3)Subsection (2) does not apply to an action or other proceeding against an owner or occupier of land, a municipality, Her Majesty in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation under subsection (2) or an employee, officer or agent of any of them in circumstances where the owner, occupier or municipality, Her Majesty in right of the Province, the Minister of the Crown in right of the Province, the person or body or class of person or body or the employee, officer or agent, as the case may be,
(a) creates or has created a danger on an all-terrain vehicle managed trail with the deliberate intention of doing harm or damage to the person or the person’s property,
(b) does or has done a wilful act with reckless disregard for the presence of the person or the person’s property on an all-terrain vehicle managed trail, or
(c) is negligent while using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail or is negligent in failing to oversee properly an employee, officer or agent who is using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.
7.92(4)No action or other proceeding lies or shall be commenced against Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them
(a) in respect of any act done or omitted to be done in good faith in the execution or the intended execution of a duty or in the exercise or the intended exercise of a power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act, or
(b) in respect of any tort committed by the all-terrain vehicle trail manager, a subdelegate of the all-terrain vehicle trail manager or an employee or agent of the all-terrain vehicle trail manager or subdelegate in relation to a duty or power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act.
2003, c.7, s.10; 2004, c.20, s.42; 2009, c.59, s.2; 2016, c.37, s.127
All-terrain vehicle managed trails
7.92(1)The all-terrain vehicle trail manager shall carry and maintain liability insurance in conformity with the requirements established in the agreement made between the Minister of Natural Resources and the all-terrain vehicle trail manager under subsection 7.8(3).
7.92(2)No action or other proceeding lies or shall be commenced against an owner or occupier of land, a municipality, Her Majesty in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation or an employee, officer or agent of any of them for any injury, loss or damage suffered as a result of, arising out of or stemming from a person using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.
7.92(3)Subsection (2) does not apply to an action or other proceeding against an owner or occupier of land, a municipality, Her Majesty in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation under subsection (2) or an employee, officer or agent of any of them in circumstances where the owner, occupier or municipality, Her Majesty in right of the Province, the Minister of the Crown in right of the Province, the person or body or class of person or body or the employee, officer or agent, as the case may be,
(a) creates or has created a danger on an all-terrain vehicle managed trail with the deliberate intention of doing harm or damage to the person or the person’s property,
(b) does or has done a wilful act with reckless disregard for the presence of the person or the person’s property on an all-terrain vehicle managed trail, or
(c) is negligent while using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail or is negligent in failing to oversee properly an employee, officer or agent who is using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.
7.92(4)No action or other proceeding lies or shall be commenced against Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them
(a) in respect of any act done or omitted to be done in good faith in the execution or the intended execution of a duty or in the exercise or the intended exercise of a power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act, or
(b) in respect of any tort committed by the all-terrain vehicle trail manager, a subdelegate of the all-terrain vehicle trail manager or an employee or agent of the all-terrain vehicle trail manager or subdelegate in relation to a duty or power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act.
2003, c.7, s.10; 2004, c.20, s.42; 2009, c.59, s.2
All-terrain vehicle managed trails
7.92(1)The all-terrain vehicle trail manager shall carry and maintain liability insurance in conformity with the requirements established in the agreement made between the Minister of Natural Resources and the all-terrain vehicle trail manager under subsection 7.8(3).
7.92(2)No action or other proceeding lies or shall be commenced against an owner or occupier of land, any municipality, Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them for any injury, loss or damage suffered as a result of, arising out of or stemming from any person using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.
7.92(3)Subsection (2) does not apply to an action or other proceeding against an owner or occupier of land, a municipality, Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them in circumstances where the owner, occupier or municipality, Her Majesty in right of the Province, the Minister of the Crown in right of the Province or the employee, officer or agent, as the case may be,
(a) creates or has created a danger on an all-terrain vehicle managed trail with the deliberate intention of doing harm or damage to the person or the person’s property,
(b) does or has done a wilful act with reckless disregard for the presence of the person or the person’s property on an all-terrain vehicle managed trail, or
(c) is negligent while using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail or is negligent in failing to oversee properly an employee, officer or agent who is using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.
7.92(4)No action or other proceeding lies or shall be commenced against Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them
(a) in respect of any act done or omitted to be done in good faith in the execution or the intended execution of a duty or in the exercise or the intended exercise of a power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act, or
(b) in respect of any tort committed by the all-terrain vehicle trail manager, a subdelegate of the all-terrain vehicle trail manager or an employee or agent of the all-terrain vehicle trail manager or subdelegate in relation to a duty or power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act.
2003, c.7, s.10; 2004, c.20, s.42