Snowmobiling season has arrived on Prince Edward Island. There is plenty of snow and hundreds of Islanders are hitting the trails and back country. It’s a recreational winter activity that’s been enjoyed by rural Islanders and their families for decades.
Until this past fall, property owners could have been held liable in the event of a mishap involving snowmobilers or all terrain vehicle (ATV) users on their land, whether they gave permission for the use of their land or not. However, a recent change to the province’s Off-Highway Vehicle Act absolves those land owners of liability in such cases.
“This change places the responsibility for any mishap squarely on the shoulders of snowmobilers or ATV users,” says Minister of Transportation and Public Works Ron MacKinley. “Many land owners have expressed serious concerns on this front over the years. Hopefully this change will encourage greater acceptance of off-highway vehicles.”
Section 11.1 of the Off-Highway Vehicle Act now states the following:
Notwithstanding the Occupiers’ Liability Act R.S.P.E.I. 1988, Cap. O-2, a person who is the owner or operator of, or who is a passenger on, an off-highway vehicle that is operated on land, with or without the permission of the owner or occupier of the land, is deemed to have willingly assumed all risks related to the ownership or operation of or carriage on the off-highway vehicle except a danger created by the owner or occupier of the land with the deliberate intent of doing harm or damage to the person or property of the owner, operator or passenger. 2008,c.54,s.1.
“I am hopeful that this change will help encourage the safe use of off-highway vehicles on Prince Edward Island,” says Minister MacKinley. “Off-highway vehicle users now know they are solely responsible for their personal safety on someone else’s land. That will help provide incentive to ride safely.”
Regardless of the change in legislation, Minister MacKinley recommends that all off-highway vehicle users continue to seek permission to use private land. He commends the PEI Snowmobile Association for its efforts to spread that message, and to encourage its members to ride safely.