CO Authority To Enforce ATV Regs

[delmer]

The Off Road Vehicle Act specifies penalties for not wearing a helmet. I know that COs currently issue tickets to ATV riders that are not wearing helmets, but I have been told that if the charge is taken to court, it will be thrown out because the MNRF doesn't have the authority to issue tickets under the ORV act, and they issue them knowing most people will not challenge it or want to be bothered with a court date. Can anyone provide a government link indicating whether they have the authority? I've been searching and can't find anything specific to this.

[Bushmoose]

This should be an interesting thread? The arm chair lawyers will be climbing all over this?
My opinion is that a CO can enforce this. They have "Peace Officer" status here in Ontario. I'm of the opinion they can enforce any law? Whether or not they choose to do this, due to a variety of reasons, doesn't mean they can't?

[Brampton Mike]

Good luck with that...like Bushmoose said, they are Peace Officers as well and do have the right to ticket you!

[impact]

https://www.ontario.ca/page/conserva...nd-authorities

"public safety (e.g. recreational vehicle use, forest fire prevention)"

[trimmer21]

The Off Road Vehicle Act specifies penalties for not wearing a helmet. I know that COs currently issue tickets to ATV riders that are not wearing helmets, but I have been told that if the charge is taken to court, it will be thrown out because the MNRF doesn't have the authority to issue tickets under the ORV act, and they issue them knowing most people will not challenge it or want to be bothered with a court date. Can anyone provide a government link indicating whether they have the authority? I've been searching and can't find anything specific to this.

CO's have all-encompassing authority under The Provincial Offenses Act as Peace Officers to enforce offenses under all provincial jurisdiction directly within their realm of operation from FWCA to Off Road vehicles to The Highway Traffic Act (if need be) to environmental protection. Your buddy is mistaken with that statement.

[blasted_saber]

They absolutely can enforce it.

[Fox]

I have to please ask people here and everywhere to just Wear a Freaking Helmet.

I just saw a picture of a guy on my Facebook who was just out checking the tree stands and took a branch just under the eye, just missed permanent damage, just wear a helmet and not risk your health, then you will never have to worry if the CO can lay a charge for this or not.

[delmer]

As I understand it, for example, a CO will not charge you with impaired operation of a motor vehicle. He can detain you while notifying the police though. So, if he has the authority under the ORV act to lay charges, of which impaired driving is included in the act, why is it necessary to involve the police? During the summer around Long Point there are often spot checks jointly manned by both the MNR and OPP. According to what a CO told me in one of these checks, is the inclusion of the OPP is to enforce any HTA violation, specifically impaired driving and seat belts. Again, if a CO can enforce the HTA, why bother involving the police in these spot checks?

I am not disputing the fact that COs are peace officers with the power to enforce the law. I am just trying to determine the extent of their power with regard to violations involving motor vehicles under the ORV act.

I am not advocating breaking any law, I am just curious as to the enforcement powers they possess.

[redd foxx]

ORVA
“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”)
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).

HTA

“peace officer” includes a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer, justice of the peace, jailer or keeper of a prison, and a police officer, bailiff, or other person employed for the preservation and maintenance of the public peace, or for the service or execution of civil process, or any officer appointed for enforcing or carrying out the provisions of this Act; (“agent de la paix”)

Power of police officer to stop vehicles
216 (1) A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a vehicle, other than a bicycle, to stop and the driver of a vehicle, when signalled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop. 2016, c. 5, Sched. 12, s. 9.

Above are the sections of the ORVA and HTA that in my opinion apply to this question. C.O.'s are officers under the ORVA and may or may not be under the HTA. Only if they fit into the definition of a Peace Officer under that Act. The ORVA does not apply on a highway so it appears that the C.O. may not be able to enforce the act there. The HTA does apply on a highway and if the C.O. does not fit into the Peace Officer definition under that Act, they would not have authority to charge under it. In any event, a C.O. cannot stop a vehicle under the HTA for a HTA offense. If a person was stopped on a highway for not wearing a helmut and charged for that offense under either Act, in my opinion they could fight it and get off.

[fishermccann]

How about CO's not being trained on, or having breathalyzers in their car? Possible?