Motorized Snow Vehicles Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections56

• 1Definitions

  1 In this Act, “conservation officer” means a conservation officer under the Fish and Wildlife Conservation Act, 1997; (“agent de protection de la nature”) “driver’s licence” means a valid and subsisting licence to drive a motor vehicle on a highway issued under the authority of the Highway Traffic Act; (“permis de conduire”) “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles; (“voie publique”) “median strip” means the portion of a highway so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier or an unpaved strip of ground; (“terre-plein central”) “Minister” means the Minister of Transportation; (“ministre”) “Ministry” means the Ministry of Transpo…

• 1.
• 2Permit needed for driving

  2 (1) The owner of a motorized snow vehicle shall not, (a) drive the motorized snow vehicle; or (b) cause or permit the motorized snow vehicle to be driven,

• 2.
• [s2]

  except under the authority of a permit for the motorized snow vehicle issued or validated under subsection (3) or except on lands occupied by the owner of the motorized snow vehicle. R.S.O. 1990, c. M.44, s. 2 (1). Dealer shall register (2) Every dealer in motorized snow vehicles who sells a new motorized snow vehicle shall register the motorized snow vehicle on behalf of the purchaser thereof with the Ministry within six days following the sale. R.S.O. 1990, c. M.44, s. 2 (2). Issuance of permits (3) Upon registration of a motorized snow vehicle by a dealer pursuant to subsection (2) or by the owner of the motorized snow vehicle and upon payment of the fee prescribed by the regulations, the Minister or any person authorized by the Minister shall issue for the motorized snow vehicle a numbered permit in accordance with the regulations, bearing the registration number of the motorized sno…

• 2.1Trail permit required

  2.1 (1) No person shall drive a motorized snow vehicle upon a prescribed trail except under the authority of, and in accordance with, a trail permit for the motorized snow vehicle issued under subsection (2) or except on lands occupied by the owner of the motorized snow vehicle. 2000, c. 30, s. 3. Issuance of trail permits (2) Upon the application of the owner of a motorized snow vehicle and payment of the required fee, the Minister or any person authorized by the Minister shall, (a) issue for the motorized snow vehicle a numbered trail permit in accordance with the regulations; and (b) provide such evidence of the issue of the trail permit for display upon the motorized snow vehicle as may be prescribed by the regulations. 2000, c. 30, s. 3. Validity of trail permit (3) A trail permit is valid during the period of time prescribed by the regulations. 2000, c. 30, s. 3. Display of evidenc…

• 3.
• 3False statement

  3 (1) No person shall knowingly make a false statement of fact in any application, declaration, affidavit or paper-writing required by this Act or the regulations. R.S.O. 1990, c. M.44, s. 3 (1). Note: On day to be named by proclamation of the Lieutenant Governor, section 3 of the Act is amended by adding the following subsection: (See: 2019, c. 15, Sched. 24, s. 2) False or inaccurate document (1.1) No person, under this Act, shall submit a false or inaccurate document or electronic document, or display, present or surrender a document or electronic document that is fictitious, altered or an imitation. 2019, c. 15, Sched. 24, s. 2. Change of address (2) Where an owner of a motorized snow vehicle changes his, her or its address as stated in an application for a permit or for a validation of a permit or in a previous notice sent or filed under this subsection, the owner shall within six d…

• 4.
• 4Registration number to be kept clean, unobstructed

  4 When a motorized snow vehicle is being driven, the registration number required to be displayed under subsection 2 (7) shall be kept free of dirt, snow and ice, in good repair and the view thereof shall not be obscured or obstructed by any part of the motorized snow vehicle or any equipment or attachment thereon or by the load carried thereon. R.S.O. 1990, c. M.44, s. 4.

• 5.
• 5Driving on King’s Highway or secondary highway

  5 (1) Subject to subsection (2), no person shall drive a motorized snow vehicle upon the serviced roadway of the King’s Highway or of a secondary highway except to cross. R.S.O. 1990, c. M.44, s. 5 (1). Regulations (2) The Minister may make regulations designating any part or parts of the King’s Highway or a secondary highway, (a) across the serviced roadway of which no motorized snow vehicle may be driven; (b) upon which motorized snow vehicles may be driven; or (c) upon which motorized snow vehicles may not be driven. R.S.O. 1990, c. M.44, s. 5 (2).

• 6.
• 6Duty of driver when school bus stopped on highway

  6 (1) Every driver of a motorized snow vehicle, when approaching or overtaking on a highway a stopped school bus that has two red signal-lights flashing, shall stop the motorized snow vehicle before reaching the school bus and shall not proceed until the signal-lights are no longer operating. R.S.O. 1990, c. M.44, s. 6 (1). Exception to subs. (1) (2) Subsection (1) does not apply to a driver of a motorized snow vehicle on a highway with a median strip who is approaching a school bus that is stopped on the other side of the median strip. R.S.O. 1990, c. M.44, s. 6 (2).

• 7.
• 7Municipal by-laws, etc.

  7 (1) Repealed: 2002, c. 17, Sched. F, Table. Local municipality may pass by-laws (2) The council of a local municipality may pass by-laws regulating, governing or prohibiting the operation of motorized snow vehicles within the municipality including any highways therein or any part or parts thereof. R.S.O. 1990, c. M.44, s. 7 (2). Application of subs. (2) (3) Where a by-law is passed under subsection (2), the provisions regulating or governing the operation of motorized snow vehicles under the by-law do not apply to highways or any part or parts thereof that are not under the jurisdiction of the local municipality. R.S.O. 1990, c. M.44, s. 7 (3). Upper-tier municipality may pass by-laws (4) The council of an upper-tier municipality may pass by-laws regulating and governing the operation of motorized snow vehicles along or across any highway or part of a highway under its jurisdiction. R…

• 8.
• 8Crossing roadway

  8 No person shall drive a motorized snow vehicle across a serviced roadway except at an angle of approximately 90 degrees to the direction of the serviced roadway. R.S.O. 1990, c. M.44, s. 8. Driving requirements

• 9.
• 10.
• 9Driving along highway

  9 (1) Subject to subsection (2), no person shall drive a motorized snow vehicle along a highway unless, (a) the person has attained the full age of sixteen years; and (b) the person holds a driver’s licence; or (c) the person holds a motorized snow vehicle operator’s licence; or (d) the person is a resident of any other province, country or state and holds a licence issued by such province, country or state which authorizes the person to drive a motorized snow vehicle. R.S.O. 1990, c. M.44, s. 9 (1). Driving across highway (2) No person shall drive a motorized snow vehicle across a highway unless, (a) the person has attained the full age of sixteen years; and (b) the person holds a driver’s licence, a motorized snow vehicle operator’s licence or is a resident of any other province, country or state and holds a licence issued by such province, country or state which authorizes the person …

• 10Operator’s licences

  10 (1) The Minister may issue a motorized snow vehicle operator’s licence to any person who has attained the full age of twelve years and who meets the requirements of this Act and the regulations authorizing the person to drive a motorized snow vehicle, subject to any conditions and for the period of time prescribed by the regulations. R.S.O. 1990, c. M.44, s. 10 (1). Examinations (2) An applicant for a motorized snow vehicle operator’s licence shall submit to such examinations as are prescribed by the regulations. R.S.O. 1990, c. M.44, s. 10 (2). Local issuance of licences (3) The Minister may give authority to any person to issue motorized snow vehicle operator’s licences and may define the duties and powers of such person and, despite section 2 of the Financial Administration Act, may authorize and fix the fee to be retained by the person so authorized for each motorized snow vehicle…

• 10.1Crown not liable for delegate’s acts

  10.1 (1) No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry, (a) for any act done in good faith in the execution or intended execution of a power or duty delegated under subsection 2 (10), 2.1 (5) or 10 (3) or for an alleged neglect or default in the execution in good faith of a power or duty delegated under those subsections; or (b) for any tort committed by a delegate or an employee or agent of a delegate in relation to a power or duty delegated under subsection 2 (10), 2.1 (5) or 10 (3). 2000, c. 30, s. 5. Crown not liable for delegation (2) No action or other proceeding shall be instituted against the Crown, the Minister or any officer or employee of the Ministry for any act done in good faith in the execution or intended execution of a power or duty under subsection 2 (10), 2.1 (5) or 10 (3) or for any alleged neglect or…

• 11.
• 11Application of certain Acts

  11 The Highway Traffic Act, except Part XII, and the Motor Vehicle Accident Claims Act, except section 6, do not apply to a motorized snow vehicle or to the driving thereof. R.S.O. 1990, c. M.44, s. 11.

• 12Insurance

  12 (1) No person shall drive a motorized snow vehicle unless the vehicle is insured under a motor vehicle liability policy in accordance with the Insurance Act, and the owner of a motorized snow vehicle shall not permit any person to drive the vehicle unless the vehicle is so insured. 2000, c. 30, s. 6 (1). Production of evidence of insurance (2) The driver of a motorized snow vehicle who drives or permits the driving of the motorized snow vehicle shall, upon the request of a police officer or conservation officer, produce evidence that the vehicle is insured under a motor vehicle liability policy in accordance with the Insurance Act. 2000, c. 30, s. 6 (1). Offence for failure to have insurance (3) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000. 2000, c. 30, s. 6 (1). Offence for pro…

• 13.
• 13Duty to report accident

  13 (1) Every person in charge of a motorized snow vehicle who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding $400, report the accident forthwith to the nearest police officer and furnish the police officer with information in respect of, (a) the names and addresses of the persons involved; (b) the date and location of the occurrence; and (c) the circumstances under which the accident occurred. R.S.O. 1990, c. M.44, s. 13 (1); 2002, c. 17, Sched. F, Table. Disposition of report (2) A police officer receiving a report of an accident under subsection (1) shall forward the report to the Registrar of Motor Vehicles within ten days of receiving it. R.S.O. 1990, c. M.44, s. 13 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

• 14.
• 14Speed limit

  14 (1) No person shall drive a motorized snow vehicle at a greater rate of speed than, (a) 20 kilometres per hour, (i) on a highway where the speed limit established pursuant to the Highway Traffic Act is 50 kilometres per hour or less, or (ii) in any public park or exhibition grounds; or (b) 50 kilometres per hour, (i) on any highway which is open to motor vehicle traffic, where the speed limit established pursuant to the Highway Traffic Act is greater than 50 kilometres per hour, or (ii) on a trail. R.S.O. 1990, c. M.44, s. 14 (1). Municipality may prescribe different rate of speed (2) The council of a municipality may by by-law prescribe, (a) a lower rate of speed for motorized snow vehicles upon any highway or part thereof under its jurisdiction; and (b) a higher or lower rate of speed for motorized snow vehicles upon a trail, public park or exhibition ground under its jurisdiction, …

• 15.
• 15Careless driving

  15 Every person is guilty of the offence of driving carelessly who drives a motorized snow vehicle without due care and attention or without reasonable consideration for other persons. R.S.O. 1990, c. M.44, s. 15. Driver’s obligations

• 16.
• 16Driver to carry documents

  16 (1) Subject to subsection (2), every driver of a motorized snow vehicle shall carry his or her driver’s licence or motorized snow vehicle operator’s licence and evidence of the motorized snow vehicle’s registration at all times while operating a motorized snow vehicle and shall produce them when demanded by a police officer or conservation officer. 2000, c. 30, s. 7 (1). Exception (2) A person shall not be required to carry any document referred to in subsection (1) while operating a motorized snow vehicle on lands occupied by the owner of the motorized snow vehicle. 2000, c. 30, s. 7 (1). Driver to identify self (3) Every person who is unable or refuses to produce a document in accordance with subsection (1) or (2), when requested by a police officer or conservation officer, shall give his or her correct name and address to the police officer or conservation officer. R.S.O. 1990, c. …

• 17.
• 17Stopping for vehicles with red or red and blue lights

  17 (1) Every driver of a motorized snow vehicle shall immediately bring the motorized snow vehicle to a standstill for the purpose of complying with section 16 when approached by, (a) a motorized snow vehicle with a flashing red light; (b) a motorized snow vehicle with flashing red and blue lights; (c) a motor vehicle with a flashing red light, operated by a police officer or conservation officer; or (d) a motor vehicle with flashing red and blue lights, operated by a police officer. 2009, c. 33, Sched. 26, s. 6 (1). Where on a roadway (2) Where a driver to whom subsection (1) applies is on a roadway, he or she shall bring the vehicle to a standstill as near as is practicable to the right-hand edge of the roadway and clear of any intersection. R.S.O. 1990, c. M.44, s. 17 (2). Red light (3) No person except a police officer or conservation officer shall operate a motorized snow vehicle th…

• 17.1Power of police officer to stop

  17.1 (1) A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motorized snow vehicle to stop and the driver of a motorized snow vehicle, when signalled or requested to stop by a police officer, shall immediately come to a safe stop. 2000, c. 30, s. 8. Offence (2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable, subject to subsection (3), (a) to a fine of not less than $1,000 and not more than $10,000; (b) to imprisonment for a term of not more than six months; or (c) to both a fine and imprisonment. 2000, c. 30, s. 8. Escape by flight (3) If a person is convicted of an offence under subsection (2) and the court is satisfied on the evidence that the person wilfully continued to avoid police when a police officer gave pursuit, (a) the person is liable to a fine of not less than $5,00…

• 18.
• 18Muffler in working order

  18 (1) No person shall drive a motorized snow vehicle unless it is equipped with a muffler in good working order and in constant operation and no person shall drive a motorized snow vehicle which has a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon the motorized snow vehicle. R.S.O. 1990, c. M.44, s. 18 (1). Removing or modifying any component (2) No person shall drive or permit to be driven any motorized snow vehicle upon which any component or device, which was required under the provisions of the Motor Vehicle Safety Act (Canada) at the time that the motorized snow vehicle was manufactured or imported into Canada, has been removed, modified or rendered inoperative. R.S.O. 1990, c. M.44, s. 18 (2). Exception in racing area (3) Subsections (1) and (2) do not apply to a motorized snow vehicle while it is driven in a racing area sancti…

• 19.
• 19By means of a rigid tow bar

  19 (1) No person shall drive a motorized snow vehicle which is towing a cutter, toboggan, sled or similar conveyance except by means of a rigid tow bar. R.S.O. 1990, c. M.44, s. 19 (1). On serviced roadway prohibited (2) No person shall drive a motorized snow vehicle which is towing a person or conveyance on a serviced roadway except to cross the serviced roadway at an angle of approximately 90 degrees to the direction of the serviced roadway. R.S.O. 1990, c. M.44, s. 19 (2). Exception for unditching, etc. (3) This section does not apply to a person while driving a motorized snow vehicle for the sole purpose of unditching a stuck vehicle or conveyance or under an emergency rescue situation or while operating trail maintenance equipment. R.S.O. 1990, c. M.44, s. 19 (3).

• 20.
• 20Driver shall wear helmet

  20 (1) No person shall drive a motorized snow vehicle or ride on a motorized snow vehicle or on a cutter, toboggan, sled or similar conveyance towed by a motorized snow vehicle unless he or she is wearing a helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin. R.S.O. 1990, c. M.44, s. 20 (1); 2009, c. 33, Sched. 26, s. 6 (3). Exemption (2) This section does not apply to a person driving a motorized snow vehicle on land occupied by the owner of the vehicle. R.S.O. 1990, c. M.44, s. 20 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 26, s. 6 (3) - 15/12/2009

• 21.
• 21Vehicle shall bear National Safety Mark

  21 (1) No person who deals in motorized snow vehicles or cutters designed to be drawn by motorized snow vehicles shall sell or offer to sell a new motorized snow vehicle or cutter manufactured after the date this section comes into force that does not conform to the standards required under the Motor Vehicle Safety Act (Canada), or that does not bear the National Safety Mark referred to therein. R.S.O. 1990, c. M.44, s. 21 (1). Penalty (2) Every person who contravenes any of the provisions of this section is guilty of an offence and on conviction is liable to a fine of not more than $1,000. R.S.O. 1990, c. M.44, s. 21 (2).

• 22.
• 22Risks willingly assumed

  22 (1) Every person who is driving or riding on a motorized snow vehicle or is being towed by a motorized snow vehicle on any premises shall be deemed, for the purposes of subsection 4 (1) of the Occupiers’ Liability Act, to have willingly assumed all risks where, (a) no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or a non-profit recreation club or association; and (b) the person is not being provided with living accommodation by the occupier. R.S.O. 1990, c. M.44, s. 22. Same (2) For greater certainty, the following do not constitute a fee for entry or activity of the person for the purposes of clause (1) (a): 1. A fee charged for a purpose incidental to the entry or activity, such as for parking. 2. The receipt by a non-profit recreation club or association of a benefit or payment from or under the…

• 23.
• 23Liability of owner

  23 (1) Where the driver of a motorized snow vehicle who is not the owner thereof is liable for damages respecting damage or injury arising out of the operation by the driver of the motorized snow vehicle with the consent of the owner, the owner is jointly and severally liable. R.S.O. 1990, c. M.44, s. 23 (1). Idem (2) Where a motorized snow vehicle is leased, the consent of the lessee of the motorized snow vehicle to the operation or possession thereof by some person other than the lessee shall, for the purposes of subsection (1), be deemed to be the consent of the owner of the motorized snow vehicle. R.S.O. 1990, c. M.44, s. 23 (2).

• 24.
• 24Owner may be convicted

  24 The owner of a motorized snow vehicle may be charged with and convicted of an offence under this Act or the regulations or any municipal by-law regulating, governing or prohibiting the operation of motorized snow vehicles, for which the driver of the motorized snow vehicle is subject to be charged unless, at the time of the offence, the motorized snow vehicle was in the possession of a person other than the owner without the owner’s consent and on conviction the owner is liable to the penalty prescribed for the offence. R.S.O. 1990, c. M.44, s. 24.

• 25.
• 25Offences and fines

  25 Every person who contravenes any of the provisions of this Act or the regulations is guilty of an offence and on conviction where a fine for the contravention is not otherwise provided for herein is liable to a fine not exceeding $1,000. R.S.O. 1990, c. M.44, s. 25.

• 26.
• 26Regulations

  26 (1) The Lieutenant Governor in Council may make regulations, (0.a) prescribing classes of vehicles for the purposes of the definition of “motorized snow vehicle”; (a) prescribing rules for driving motorized snow vehicles upon a highway or any place other than a highway and requiring compliance therewith by every person driving a motorized snow vehicle; (b) requiring, prohibiting or regulating the use of any equipment, ornament, device, accessory, material or component in or on any motorized snow vehicle or used in connection therewith and prescribing the specifications therefor; (c) providing for the payment of fees for copies of or access to any writing, paper or document filed in the Ministry pursuant to this Act or the regulations, or any statement containing information from the records of the Ministry, and prescribing the amount of such fees; (d) prescribing the term of validity …

• 27Power to do things electronically

  27 (1) Anything that the Minister, the Ministry or the Registrar of Motor Vehicles is required or authorized to do or to provide under this Act may be done or provided by electronic means or in an electronic format. 2019, c. 15, Sched. 24, s. 3. Same (2) Anything that any person is required or authorized to do or to provide to the Minister, the Ministry or the Registrar of Motor Vehicles under this Act may be done or provided by electronic means or in an electronic format, in the circumstances and in the manner specified by the Ministry. 2019, c. 15, Sched. 24, s. 3. Regulations (3) The Lieutenant Governor in Council may make regulations, (a) providing for the use of electronic documents, including electronic driver’s licences or permits, when a driver is required by this Act to carry or produce a driver’s licence or permit, or to display on a snow vehicle evidence of validation of a per…