The Off-Road Vehicles Act came into force in 1983. The legislation was enacted in response to pressure from municipalities wanting provincial legislative regulation of trail bikes and other motorized off-highway vehicles which were not already licensed under other statutes. At that time, the licensing of snowmobiles was regulated by the Motorized Snow Vehicles Act and, accordingly, the definition of “off-road vehicles” under the Act does not include snowmobiles. An off-road vehicle is “a vehicle propelled or driven, otherwise than by muscular power or wind, and designed to travel on not more than three wheels, or more than three wheels and being of a prescribed class.” The legislation is, therefore, restricted to vehicles travelling on at least one wheel. The regulations under the Act provide exemptions for certain vehicles, including golf carts and wheelchairs.
The Act applies to private lands. It does not apply to an off-road vehicle being operated on a highway but the vehicle may cross the highway. The vehicle must be insured. The driver and any passenger must wear a helmet securely fastened under his or her chin with a chin strap. The helmet does not have to be worn if the owner of the off-road vehicle is also the occupier of the land where the vehicle is being driven. An owner or occupier of land where the vehicle is being driven may stop any person driving the vehicle on the land. The driver has a duty to stop and to identify himself or herself when so requested. If the driver does not comply, a police officer may arrest the driver without requiring a warrant. Where the driver of an off-road vehicle is liable for damages to property or person, the owner of the vehicle is also liable but the driver and owner must be sued within two years from the time the damage occurred. No owner of an off-road vehicle may permit a child under the age of twelve to drive the vehicle.
Although there are not many cases decided by the Ontario courts under the legislation, there has been some litigation about the “risks willingly assumed” section. This section states that every person who enters lands on an off-road vehicle is deemed to have willingly assumed all risks on the lands if that person has not paid a fee for the entry to the land and that person has not been provided with living accommodation by the occupier of the land.