Off-Road Vehicle Insurance Coverage Regulation

Off-Road Vehicle Insurance Coverage Regulation, M.R. 139/2000 The Manitoba Public Insurance Corporation Act , C.C.S.M. c. P215 Regulation 139/2000 Registered October 23, 2000 bilingual version (HTML) Table of Contents Section PART I GENERAL PROVISIONS 1 Interpretation 2 Excluded uses 3 Two or more off-road vehicles 4 Applicable provisions of Insurance Act 4.1 Plans conditional on payment of debt to corporation PART II ACCIDENT BENEFITS EXTENSION INSURANCE DIVISION I DEFINITIONS AND APPLICATION 5 Definitions DIVISION II COVERAGE 6 Perils — every insured person 7 Coverage — outside Manitoba 8 Acts of War 9 Coverage — unidentified or uninsured off-road vehicle DIVISION III MEDICAL EXPENSES 10 Medical or rehabilitation benefits DIVISION IV FUNERAL EXPENSES 11 $2,500 for funeral expenses DIVISION V DEATH BENEFITS 12 $10,000 for primary dependant, $2,000 for secondary dependant DIVISION VI DISABILITY — WEEKLY INDEMNITY 13 Totally disabled insured who is not a homemaker 14 Partially disabled insured who was employed 15 Disabled homemaker 16 No indemnity for first week 17 Infants and persons physically or mentally infirm 18 Transition from total to partial disability 19 Commutation 20 Treatment to reduce disability DIVISION VII IMPAIRMENT BENEFITS 21 Benefits payable 22 Time within which impairment occurs 23 Benefits not to exceed $20,000 24 $20,000 for permanent total incapacity in respect of earning power 25 Death of insured within 90 days of the accident date DIVISION VIII GENERAL PROVISIONS 26 Examination by corporation's physician 27 No reduction of death benefit by reason of indemnity payment 28 No reduction of total impairment benefit for payments of indemnity benefits 29 Death benefit reduced by amount paid for impairment 30 Payment to committee or substitute decision maker 31 Payment to insured 32 No impairment or indemnity benefits after death 33 No waiver 34 No benefits to certain persons 35 Worker's compensation 36 Employment insurance 37 Policy conditions 38 Proof of interest and claim 39 Notice and proof of claims 40 Onus of proof as to statements 41 Benefits not affected by other insurance 42 Aggregate indemnity not to exceed average income 43 Proof of claim 44 Corporation's right to examination and autopsy 45 Payment of benefits 46 Waiver of condition 47 Time limit on claim 48 Clinical hernia PART III LOSS OF OR DAMAGE TO OFF-ROAD VEHICLES EXTENSION INSURANCE DIVISION I 49 Definitions 50 Off-road vehicle to include DIVISION II COVERAGE 51 Coverage 52 Perils covered 53 Deductible 54 Where no liability DIVISION III CONDITIONS OF COVERAGE 55 Coverage subject to the following conditions 56 Giving of notice 57 Driving limitations 58 Operating contrary to certain Acts 59 Acts of war 60 Reporting 61 Requirements on occurrence of loss 62 Loss not recoverable 63 Repairs 64 Waiver of declaration 65 Examination under oath 66 Insurance money not more than actual value of property 67 Corporation may repair, replace or rebuild 68 Abandonment without consent 69 Payment of loss to insured and others 70 Settlement of dispute as to quantum or adequacy of repairs 71 No waiver 72 Inspection 73 Other insurance of the same interest 74 Private extension insurance 75 Time of payment 76 No notice or statutory declaration by insured PART IV OPTIONAL LIABILITY EXTENSION INSURANCE DIVISION I DEFINITIONS 77 Definitions 78 Off-road vehicle to include DIVISION II COVERAGE 79 Meaning of "motor vehicle" 80 Coverage 81 Where no coverage provided 82 Limit of coverage 83 Priorities 84 Duties of Corporation 85 Indemnity insurance DIVISION III CONDITIONS OF LIABILITY 86 Conditions of coverage 87 Giving of notice 88 Driving limitations 89 Requirements where coverage might be asserted 90 Insured to co-operate etc. 91 No waiver 92 Inspection 93 Action against the corporation DIVISION IV GENERAL PROVISIONS 94 Residence 95 Rights of corporation to act for insured and to reimbursement 96 Foreign financial responsibility requirements 97 Other insurance 98 Excess coverage PART V REDUCED DEDUCTIBLE, INCREASED LIABILITY EXTENSION INSURANCE DIVISION I DEFINITIONS 99 Definitions and interpretation DIVISION II COVERAGE 100 Classes of extension insurance 101 Terms and conditions of Part IV and VII applicable to increased PL and PD limit 102 Terms and conditions of Part III applicable to reduced deductible extension 103 Increased public liability and property damage 104 Reduced deductible 105 Meaning of expressions in applications and certificates 106 Limit not to exceed $5,000,000 PART VI UNDERINSURED MOTORIST COVERAGE — OFF-ROAD VEHICLES EXTENSION INSURANCE 107 Definitions 108 Coverage 109 Reduction of amount payable under this Part 110 No payment under this Part 111 Amount recoverable by claimant 112 Total amount payable to claimants 113 No liability of corporation 114 Conditions of coverage 115 Right of subrogation 116 Applicable provisions 117 Excess insurance 118 Coverage under multiple policies PART VII COMPULSORY LIABILITY COVERAGE — OFF-ROAD VEHICLES DIVISION I DEFINITIONS 119 Definitions DIVISION II COVERAGE 120 Meaning of "motor vehicle" 120.1 Minimum compulsory liability coverage 121 Coverage 122 Where no coverage provided 123 Limit of coverage 124 Priorities 125 Duties of corporation 126 Indemnity insurance DIVISION III CONDITIONS OF LIABILITY 127 Conditions of coverage 128 Giving of notice 129 Driving limitations 130 Requirements where coverage might be asserted 131 Insured to co-operate etc. 132 No waiver 133 Inspection 134 Action against the corporation PART VIII COMPULSORY UNDERINSURED MOTORIST COVERAGE — OFF-ROAD VEHICLES 134.1 Coverage 134.2 Total amount payable to claimants 134.3 Terms and conditions of Part VI apply 135 Coming into force Schedule A Impairment Benefits PART I GENERAL PROVISIONS Interpretation 1(1) In this regulation, except as otherwise provided, "Act" means The Manitoba Public Insurance Corporation Act ; («  Loi  ») "benefits" means any payment for loss in respect of death or bodily injuries, that the corporation is authorized or required to make under Part II or Part VI of this regulation; (« prestations ») "camper sleigh" means a sleigh equipped with a permanently mounted temporary dwelling unit; (« caravane-traîneau ») "dependent child" means (a) a child who is under the age of 18 years and who is dependent upon an insured, or (b) a person of 18 years of age or over, who, by reason of mental or physical infirmity, is unable to provide himself or herself with the necessaries of life, or (c) a person who is enrolled, and in full-time regular attendance, at a university, technical or professional training school, or other recognized institution of learning, and who is dependent upon an insured, and, in any such case, the child or person is a child of the insured, or a child to whom the insured stands in the place of a parent; (« enfant à charge ») "insurance moneys" means any payment that the corporation is authorized or required to make under Part III, IV or VII; (« sommes assurées ») "insured" means (a) a person to whom, or in respect of whom, or to whose dependants, benefits are payable if bodily injuries are sustained by him or her as a result of the perils referred to in Part II of this regulation, whether or not he or she is named in a certificate, (b) a person to whom insurance moneys are payable, if loss or damage to a vehicle results from one of the perils set out in Part III of this regulation, or (c) a person to whom, or on whose behalf, insurance moneys are payable, if bodily injury to, or the death of, another, or damage to property, for which he or she is legally liable, results from one of the perils referred to in Part IV or Part VII of this regulation whether or not he or she is named in a certificate; (« assuré ») "occupant" means a person driving, being carried in or upon or entering or getting on to or alighting from an off-road vehicle; (« occupant ») "off-road vehicle" means an off-road vehicle within the meaning of The Off-Road Vehicles Act ; (« véhicule à caractère non routier ») "owner" with reference to off-road vehicle insurance, means the person named in a valid and subsisting registration card issued under The Drivers and Vehicles Act or if the off-road vehicle is exempt from registration the person who is eligible to register it under that Act; (« propriétaire ») "owner's certificate" means a certificate issued under this regulation to the owner of an off-road vehicle; (« certificat de propriété ») "sleigh" means a sledge, for use on snow or ice which has one or more seats, is mounted on runners and is drawn by an off-road vehicle and includes a cutter; (« traîneau ») "trailer" means any trailer used in connection with an off-road vehicle and includes a sleigh or camper sleigh; (« remorque ») "universal compulsory automobile insurance" means insurance provided under Parts VII and VIII. (« régime universel obligatoire d'assurance-automobile ») Meaning of "motor vehicle" 1(2) For the purpose of establishing the plan of automobile insurance for off-road vehicles set out in this regulation, an off-road vehicle is within the definition of motor vehicle in subsection 1(1) of the Act. M.R. 31/2002 ; 37/2006 ; 32/2007 Excluded uses 2 The corporation shall not be liable under Parts II, III, IV, V or VI of this regulation while (a) the off-road vehicle is rented or leased to another; provided that the use by an employee of his or her off-road vehicle on the business of his or her employer and for which he or she is paid shall not be deemed the renting or leasing of the off-road vehicle to another; (b) the off-road vehicle is used to carry explosives, or to carry radioactive material for research, education, development or industrial purposes, or for purposes incidental thereto; (c) the off-road vehicle is used as a taxicab, public omnibus, livery, jitney, or sightseeing conveyance or for carrying passengers for compensation or hire; provided that the following uses shall not be deemed to be carrying passengers for compensation or hire: (i) the use by the insured of his or her off-road vehicle for the carriage of another person in return for the former's carriage in the off-road vehicle of the latter, (ii) the occasional and infrequent use by the insured of his or her off-road vehicle for the carriage of another person who shares the cost of the trip, (iii) the use by the insured of his or her off-road vehicle for the carriage of a temporary or permanent domestic servant of the insured or his or her spouse, (iv) the use by the insured of his or her off-road vehicle for the carriage of clients or customers or prospective clients or customers. M.R. 31/2002 Two or more off-road vehicles 3 Where an insured owns two or more off-road vehicles which are insured under multiple off-road vehicle insurance policies, the maximum limit of insurance coverage from the corporation when the insured is using or operating an off-road vehicle not owned by the insured is the insurance limit applicable in the off-road vehicle insurance policy held by the insured which offers the highest insurance limit available. Applicable provisions of Insurance Act 4(1) Sections 118, 128, 129, 132, 236, 239(3), 248, 249(1), 255, 256, and 272(1) of The Insurance Act apply to universal compulsory automobile insurance, and to the corporation in respect of universal compulsory automobile insurance. Authority of corporation to insure 4(2) Subject to subsections (3) and (4), the corporation may engage in, and carry on the activity of, automobile insurance as "automobile insurance" is from time to time defined in The Insurance Act . Certain provisions of Insurance Act inapplicable in certain cases 4(3) For the purpose of engaging in, and carrying on the activity of, automobile insurance under Part 3, Division 4 of the Automobile Insurance Plan Regulation , Manitoba Regulation 49/2019, and Parts II, III, IV, V and VI of this regulation, Parts I, II, IV, V, VI, XV, and XVI and sections 119(1) and (2), 120(1), 121, 124(1) and (2), 125, 126, 130, 131, 133 to 136, 233, 235 to 238, 239(1) and (2), 240 to 247, 249(1), (2) and (3), 250 and 257 to 271 of The Insurance Act do not apply either to the corporation or to that activity. Further inapplicable provisions of Insurance Act in certain cases 4(4) For the purpose of engaging in, and carrying on the activity of, automobile insurance, other than under the terms and conditions set out in Part 3, Division 4 of the Automobile Insurance Plan Regulation , and Parts II, III, IV, V and VI of this regulation, Parts I, II, IV, V, VI, and XV and sections 119(1) and (2), 124(1) and (2), 126, 130, 133, 135, 249(1), (2) and (3) and 257 of The Insurance Act do not apply either to the corporation or that activity. M.R. 40/2008 ; 74/2013 ; 52/2019 ; 39/2020 Plans conditional on payment of debt to corporation 4.1(1) Without limiting the application of any other provision of this regulation, (a) it is a condition of any plan of universal compulsory automobile insurance or extension insurance established by a Part of this regulation that the insured (within the meaning of the Part) must pay, when due, any debt the insured owes the corporation or any other money payable to the corporation by the insured; and (b) the corporation may do any of the following in respect of a person who is in arrears in paying a debt mentioned in clause (a) or who fails to pay other money mentioned in that clause: (i) suspend or cancel the person's driver's certificate, owner's certificate or other certificate, (ii) refuse to issue a driver's certificate, owner's certificate or other certificate to the person, (iii) refuse to accept payment from the person of the annual premium for an annual rating term of a policy even though the refusal may lead to the suspension or cancellation of the policy. 4.1(2) When the corporation suspends or cancels a certificate as permitted by subclause (1)⁠(b)⁠(i), the corporation must, without delay after the suspension or cancellation, give written notice of it to the insured. 4.1(3) The notice referred to in subsection (2) must be given by mailing or delivering it to the insured's last known address as shown in the corporation's records, using a mail or delivery service that provides the corporation with an acknowledgment of receipt. 4.1(4) Evidence that a notice was mailed or delivered in accordance with subsection (3) and that the corporation received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice was received by the insured. M.R. 70/2016 PART II ACCIDENT BENEFITS EXTENSION INSURANCE DIVISION I DEFINITIONS AND APPLICATION Definitions 5(1) In this Part, "accident" means an unplanned, unintended event that occurs suddenly, unexpectedly, and without actual premeditation upon the part of an insured, but excludes suicide or any attempt at suicide by an insured while sane or insane; (« accident ») "common-law partner" of a victim means the person who, not being married to the victim, (a) cohabited with him or her in a conjugal relationship (i) for a period of at least three years immediately preceding the accident, or (ii) for a period of at least one year immediately preceding the accident and they are together the parents of a child, or (b) was receiving maintenance from the victim pursuant to a written agreement or a court order; (« conjoint de fait ») "coverage" means extension coverage under this Part; (« garantie ») "dependent parent" means a parent of an insured who is unable to provide himself or herself with the necessaries of life without the assistance of the insured; (« parent à charge ») "homemaker" means a spouse or common-law partner or surviving spouse or common-law partner who manages and controls an independent domestic establishment for one or more persons other than himself or herself, and who does not either (a) engage in a definite or regular occupation for wages or profit, or (b) report regularly for, or engage regularly in, employment at a place outside his or her residence; (« personne au foyer ») "impairment" means a permanent loss of bodily function whether total or partial; (« incapacité ») "indemnity" means periodic payments to which an insured may become entitled during any period of total disability or partial disability, arising out of injury occasioned by an accident in respect of which coverage is provided under this Part; (« indemnité ») "insured" means the following person or persons, to or in respect of whom, or to whose dependants, benefits are payable, if bodily injuries or death are sustained as a result of an accident for which coverage is provided under section 6: (« assuré ») (a) a person named in an owner's certificate in which coverage under this Part is specified, (b) an occupant of an off-road vehicle while that off-road vehicle is operated by the person named in an owner's certificate for that off-road vehicle in which coverage under this Part is specified, (c) a person operating an off-road vehicle with the consent of the person named in the owner's certificate for that off-road vehicle in which coverage under this Part is specified, (d) an occupant of an off-road vehicle while that off-road vehicle is operated by a person who has the consent of the person named in the owner's certificate for that off-road vehicle in which coverage under this Part is specified; "newly acquired off-road vehicle" means, for a seven-day period following its delivery, an off-road vehicle acquired by an insured, where notice of its acquisition is provided to the corporation within seven days of its delivery, and for which the insured has no other valid insurance if (a) it replaces an off-road vehicle described in an owner's certificate of the insured, or (b) the corporation insures, under this Part, all off-road vehicles owned by the insured at such delivery date and in respect of which the insured pays any additional premium, and the insured is not engaged in the business of selling off-road vehicles; (« véhicule à caractère non routier nouvellement acquis ») "partially disabled" means a condition of mind or body that renders an insured entirely and continuously incapable of performing one or more of the essential daily duties pertaining to any occupation or employment for wages or profit to which the insured is reasonably suited, having regard to his or her skill and ability, and that gives rise to a claim for indemnity benefits under Division VI; (« invalidité partielle ») "primary dependent" means (a) the surviving spouse or common-law partner of an insured who dies as a result of injuries sustained in an accident arising out of one of the perils referred to in Division II, provided that, where spouses or common-law partners were living separate and apart pursuant to a written separation agreement or order of a court of competent jurisdiction the survivor shall not qualify as a primary dependent unless the written separation agreement or court order provided for payment of maintenance or alimony to the survivor by the insured during his or her lifetime, (b) the dependent child or children of a deceased insured, if the spouse or common-law partner of the insured predeceases the insured, or is for any other reason prevented from qualifying as a primary dependent under clause (a), or (c) the dependent parent or dependent parents of an insured, if the insured is not survived by any persons qualifying as primary dependants under clause (a) or (b); (« personne à charge privilégiée ») "rehabilitation" means the restoration, in the shortest practical time, of an injured person to the highest level of gainful employment or self sufficiency that, allowing for the permanent effects of his or her injuries, is with medical and vocational assistance, reasonably achievable by him or her; (« réadaptation ») "resident of Manitoba" means any person who is authorized by law to be or to remain in Canada and is living and ordinarily present in Manitoba, but does not include a person who is merely touring, passing through or visiting Manitoba; (« résident du Manitoba ») "secondary dependent" includes any dependent child or dependent parent of an insured who is not a primary dependent; (« personne à charge ordinaire ») "spouse" means the person who (a) at the time of the accident, is married to and cohabiting with the victim, or (b) was receiving maintenance from the victim pursuant to a written agreement or a court order; (« conjoint ») "temporary substitute off-road vehicle" means an off-road vehicle not owned by the insured, nor by any person or persons residing in the same dwelling premises as the insured, while temporarily used as the substitute for the vehicle designated in an owner's certificate which is not in use by any person insured under the described off-road vehicle policy, because of its breakdown, repair, servicing, loss, destruction, or sale; (« véhicule à caractère non routier de remplacement temporaire ») "totally disabled" means a condition of mind or body that renders an insured entirely and continuously incapable of engaging for wages or profit in any occupation or employment for which the insured is reasonably suited having regard to his or her skill and ability, and which condition gives rise to a claim for indemnity payments under Division VI; (« invalidité totale ») "unidentified off-road vehicle" means an off-road vehicle which causes bodily injury or death to an insured arising out of physical contact of such off-road vehicle with the off-road vehicle of which the insured is an occupant at the time of the accident, provided (a) the identity of either the owner or driver of such off-road vehicle cannot be ascertained, (b) the insured or someone on the insured's behalf has reported the accident within 24 hours to a police, peace or judicial officer or to an administrator of motor vehicle laws and shall have filed with the corporation within 30 days a statement under oath that the insured or his or her legal representative has a cause or causes of action arising out of such accident for damages against a person or persons whose identity cannot be ascertained, and setting forth the facts in support thereof, and (c) at the request of the corporation, the insured or his or her legal representative makes available for inspection the off-road vehicle of which the insured was an occupant at the time of the accident; (« véhicule à caractère non routier non identifié ») "uninsured off-road vehicle" means an off-road vehicle with respect to which neither the owner nor driver thereof has applicable and collectible bodily injury liability insurance for its ownership, use or operation, but shall not include an off-road vehicle owned by or registered in the name of (a) the named insured or by any person residing in the same dwelling premises as the named insured, (b) the Government of Canada or the United States of America or any political subdivision thereof, or any agency or corporation owned or controlled by any of them, (c) any person who is an authorized self-insurer within the meaning of a financial or safety responsibility law, or (d) any person who has filed a bond or otherwise given proof of financial responsibility with respect to his or her liability for the ownership, use or operation of off-road vehicles. (« véhicule à caractère non routier non assuré ») Meaning of "motor vehicle" 5(2) For the purpose of establishing the plan of automobile insurance for off-road vehicles set out in this Part, an off-road vehicle is within the definition of motor vehicle in subsection 1(1) of the Act. Off-road vehicle to include 5(3) In this Part, "off-road vehicle" has the meaning given to it in the Automobile Insurance Plan Regulation , but only where coverage has been applied for and a premium under this Part has been paid do the words "off-road vehicle" include (a) an off-road vehicle designated in a valid and subsisting owner's certificate; (b) a trailer while attached to such off-road vehicle; (c) a newly acquired off-road vehicle; (d) a temporary substitute off-road vehicle; (e) any off-road vehicle other than the described off-road vehicle while personally driven by the insured, or by his or her spouse or common-law partner if residing in the same dwelling premises as the insured, provided that (i) the named insured is an individual or are spouses or common-law partners, (ii) neither the insured nor his or her spouse or common-law partner is driving such off-road vehicle in connection with the business of selling, repairing, maintaining, servicing, storing or parking off-road vehicles, (iii) such other off-road vehicle is not owned or regularly or frequently used by the insured or by any person or persons residing in the same dwelling premises as the insured, (iv) such other off-road vehicle is not owned, hired or leased by an employer of the insured or by an employer of any person or persons residing in the same dwelling premises as the insured, and (v) such other off-road vehicle is not used for carrying passengers for compensation or hire or for commercial delivery; (f) if the insured is a corporation, unincorporated association or registered co-partnership, any off-road vehicle other than the described off-road vehicle, while personally driven by the employee or partner for whose regular use the described off-road vehicle is furnished, or by his or her spouse or common-law partner if residing in the same dwelling premises as such employee or partner, provided that (i) neither such employee or partner or his or her spouse or common-law partner is the owner of an off-road vehicle, (ii) neither such employee, partner or spouse or common-law partner is driving the off-road vehicle in connection with the business of selling, repairing, maintaining, servicing, storing or parking off-road vehicles, (iii) such other off-road vehicle is not owned, hired or leased or regularly or frequently used by the insured or such employee or by any partner of the insured or by any persons residing in the same dwelling premises as any of the aforementioned persons, and (iv) such other off-road vehicle is not used for carrying passengers for compensation or hire or commercial delivery. M.R. 31/2002 ; 32/2007 ; 40/2008 ; 39/2020 ; 3/2025 DIVISION II COVERAGE Perils — every insured 6(1) Subject to the Act and this regulation, coverage is provided by this Part to every insured for loss resulting from bodily injuries or death, suffered or sustained by that person directly, and independently of all other causes, through accident, which occurs in Manitoba, if the bodily injuries or death are suffered or sustained as a result of (a) driving, riding in or on, or operating a moving off-road vehicle; (b) collision with or being struck down or run over by a moving off-road vehicle or trailer; or (c) entering, getting onto or alighting from an off-road vehicle. 6(2) The word "moving" in subsection (1) excludes any movement of an off-road vehicle that is caused solely by cranking or repair of the off-road vehicle, but for the purpose of that subsection, "moving" includes the occurrence of motion by an off-road vehicle while it is being towed or pushed by another off-road vehicle. M.R. 3/2025 Coverage — outside Manitoba 7 Subject to the Act and this regulation, the coverage provided in subsection 6(1) is hereby extended (a) to a person named in an owner's certificate in which extension coverage under this Part is specified, and to any occupant of an off-road vehicle who is a resident of Manitoba, while the person named in such owner's certificate operates the off-road vehicle, whether or not the off-road vehicle is designated in an owner's certificate; (b) to a person named in an owner's certificate in which extension coverage under this Part is specified, who is an occupant of an off-road vehicle while that off-road vehicle is operated with the consent of its owner; and (c) to a person who is a resident of Manitoba and operates an off-road vehicle with the consent of the person named in the owner's certificate for the off-road vehicle, if extension coverage under this Part is specified in the certificate, and to any occupant of the off-road vehicle who is a resident of Manitoba while it is so operated; and beyond the boundaries of Manitoba, but within the United States of America or within any province or territory of Canada. M.R. 37/2006 Acts of war 8 The corporation is not liable for loss or damage that is caused directly or indirectly by bombardment, invasion, civil war, insurrection, rebellion, revolution, acts of terrorism, military or usurped power, or by operation of armed forces while engaged in hostilities, whether war be declared or not. M.R. 31/2002 Coverage — unidentified or uninsured off-road vehicle 9(1) Subject to the Act and this regulation, coverage is, by this section, provided to every insured for loss resulting from bodily injuries or death arising partly or entirely from the operation of an unidentified or uninsured off-road vehicle. Where no liability 9(2) The corporation is not liable under subsection (1) (a) to any person who, without the written consent of the corporation, makes directly,or through his or her representative, any settlement with, or prosecutes to judgment, any action against any person that may be legally liable for losses covered under subsection (1); (b) for any amount in excess of $500,000 if the accident occurs in Manitoba regardless of the number of persons killed or injured in the accident; (c) for any amount in excess of the lesser of $500,000 or the minimum limits for off-road liability insurance applicable in the jurisdiction if the accident occurs outside Manitoba regardless of the number of persons killed or injured in the accident. Reduction of amount payable 9(3) The amount payable under this section shall (a) be reduced by any payment to an insured made under the provisions of this Part other than under this section and any payment to an insured under Parts IV, V or VI when a claim is also made against any person who is an insured under Parts IV, V or VI; (b) reduce any amount which the insured may be entitled to recover from any person who is insured under Parts IV, V or VI when a claim is made under this section and a claim is also made against any person who is an insured under Parts IV, V or VI. Disputes 9(4) If any dispute arises between a person and the corporation as to whether the person is legally entitled to recover damages under subsection (1) and, if so entitled, as to the amount thereof, these questions shall be submitted to arbitration of some person to be chosen by both parties or if they cannot agree on one person, then by three persons, one to be chosen by the person and the other by the corporation and a third person to be appointed by the persons selected by the parties. The submission shall be subject to the provisions of The Arbitration Act and the award shall be binding upon the parties. Notice of legal action 9(5) If, before the corporation makes payment of loss under subsection (1), the insured or his or her representative institutes any legal action for bodily injury or death against any other person owning or operating an off-road vehicle involved in the accident, a copy of the originating process or other process served in connection with such legal action shall be forwarded immediately to the corporation. M.R. 66/2016 DIVISION III MEDICAL EXPENSES Medical or rehabilitation benefits 10(1) Subject to section 26, where an insured is injured in an accident for which benefits are provided under this Part, the corporation shall, subject to subsections (5) and (6), pay as benefits all expenses incurred by the insured as a result of the injury for medical, surgical, dental, hospital, ambulance or professional nursing services, or for physiotherapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis, or optical appliances that, in the opinion of the attending medical consultant, are necessary for the treatment of those injuries, where such expenses are not otherwise payable through, or on behalf of an insured under any compulsory health insurance scheme. 10(2) Where, in the opinion of the corporation's medical adviser, provision of any one or more of the following is likely to promote the rehabilitation of an insured who is seriously or catastrophically injured in an accident for which benefits are provided under this Part, the corporation may, in its sole and absolute discretion, provide any one or more of the following: (a) funds to the insured once during the lifetime of the insured for the acquisition by the insured of one motor vehicle equipped as necessary and appropriate to its use or operation by the insured, the choice of make or model of vehicle to be in the sole and absolute discretion of the corporation; (b) funds to the insured once during the lifetime of the insured for alterations to the insured's residence that are necessary to make the residence accessible to and usable by the insured, the style and cost of the alterations to be in the sole and absolute discretion of the corporation and the alterations to be limited to necessary ramps, a necessary lift, necessary bathroom alterations and, where the insured is a homemaker or a person who lives alone, necessary kitchen alterations; (c) reimbursement to the insured for the costs of attendant care, other than care provided by a member of the insured's family, where the insured has returned to and is residing in the community but is not capable of performing some or all of the tasks necessary to sustain an independent lifestyle, the amount of the reimbursement to be limited to the lesser of (i) the monthly cost of a group residence that would be appropriate to the needs and lifestyle of the insured, or (ii) the monthly cost of attendant care not exceeding 12 hours per day; (d) reimbursement to the insured for costs incurred from time to time by the insured for one or more of the following items: (i) a wheelchair with required attachments, (ii) a medically prescribed bed with required equipment, (iii) bowel and bladder equipment, (iv) grooming and hygiene aids, (v) transfer boards or lift, (vi) eating aids, (vii) communication aids, (viii) dressing aids, (ix) respirator equipment; (e) funds to the insured for vocational or other training that (i) is consistent with the insured's pre-injury occupation and his or her post-injury skills and abilities, and (ii) may return the insured as nearly as practicable to his or her pre-injury status or improve the post-injury earning capacity and level of independence of the insured; (f) funds for any other costs the corporation in its sole and absolute discretion agrees to pay. 10(3) Before incurring an expense or obligation under subsection (2) for which the insured intends to request payment by the corporation, the insured shall obtain written approval from the corporation and the corporation may, before giving its approval require the insured to submit such information as it considers necessary to assist it in making a decision. 10(4) The corporation is not liable to insure, repair, replace or maintain a motor vehicle acquired by an insured under clause (2)⁠(a) except in the course of an approved repair resulting from a subsequent claim for insured loss or damage to the vehicle. 10(5) The liability of the corporation under this section is limited to the amount of $100,000. 10(6) The corporation is not liable for any expenses payable to or recoverable by the insured under a medical, surgical, dental or hospital plan or law, or payable by another insurer. DIVISION IV FUNERAL EXPENSES $2,500 for funeral expenses 11 Where (a) an insured suffers the loss of his or her life by reason of an injury arising out of an accident for which coverage is provided under Division II, whether that loss of life is immediate or occurs subsequent to treatment; and (b) that loss of life is directly attributable to that injury, which is the primary cause thereof; the corporation shall pay to the executor, administrator, personal representative or other person liable for the costs of funeral and burial services for an insured, the actual costs of funeral and burial services up to a maximum of $2,500. DIVISION V DEATH BENEFITS $10,000 for primary dependant, $2,000 for secondary dependant 12(1) Subject to the Act and this regulation, where an insured dies as a result of an accident for which coverage is provided under Division II, the corporation shall pay the amount of (a) $10,000 to the primary dependant; and (b) $2,000 to each of the secondary dependants. More than one primary dependant 12(2) Notwithstanding subsection (1), where more than one person is classed as a primary dependant, the total amount payable to those persons shall be calculated as though only one of them were a primary dependant and the remainder of that class were secondary dependants, but the total amount payable to all those persons shall be divided equally among them. Where no person qualified under subsection (1) 12(3) Subject to the Act and this regulation, where an insured dies as a result of an accident for which coverage is provided under Division II, and no person is entitled to claim benefits under subsection (1), the corporation shall pay (a) $4,000 for equal division among those persons, being sons or daughters 18 years of age or over, or parents, brothers, or sisters of the insured, for whom the necessaries of life were, at the time of the accident from which death results, wholly or partly provided by the insured by means of fixed and regular contributions; (b) if the insured was under the age of 18 years and no benefits are otherwise payable in respect of his or her death, to the parent or parents with whom the insured usually lived, $2,000; (c) if the insured was 18 years of age or over and leaves no surviving spouse or common-law partner at the time of his or her death, and no benefits are otherwise payable under this section in respect of his or her death, $2,000 to his or her surviving parents for equal division between them, or to the survivor of the parents if only one parent survives the insured. M.R. 31/2002 DIVISION VI DISABILITY — WEEKLY INDEMNITY Totally disabled insured who is not a homemaker 13(1) Subject to the Act and this regulation, where an insured other than a homemaker sustains bodily injuries arising out of an accident for which coverage is provided under Division II and which renders the insured totally disabled within 20 days of the date of the accident, (a) the corporation shall pay to the insured an indemnity of $175 per week for the duration of the period during which the insured remains totally disabled; but (b) where (i) at the time of the accident by reason of which injury occurred, or (ii) for any six months out of the 12-month period immediately preceding the date of the accident by reason of which injury occurred, the insured was actively engaged in an occupation or employment for wages or profit and 70% of his or her average gross weekly earnings from such occupation or employment exceeds $175 the corporation shall pay to the insured a weekly indemnity equivalent to 70% of his or her average gross weekly earnings to a maximum of $350 per week for the duration of the period during which the insured remains totally disabled; (c) where an insured entitled to an indemnity under clause 1(b) is self-employed or employed as a commissioned salesman his or her entitlement to benefits shall be based on his or her average gross weekly earnings after deduction of business expenses excluding income tax; (d) for the purposes of this section average gross weekly earnings shall be calculated by dividing the insured's gross earnings in the 12 months immediately preceding the accident by 52. 13(2) Subject to clause 1(a) where an insured would otherwise be entitled to an indemnity under clause 1(b) is concurrently in receipt of wages or profit during the period of his or her total disability the weekly indemnity payable to that insured shall be reduced by the amount by which the aggregate of such wages or profit, calculated weekly, and the weekly indemnity otherwise payable under clause 1(b), exceeds 70% of his or her average gross weekly earnings. Partially disabled insured who was employed 14 Where an insured, other than a homemaker, sustains bodily injuries arising out of an accident for which coverage is provided under Division II and which renders the insured partially disabled within 20 days of the date of the accident, and (a) at the time of the accident by reason of which injury occurred; or (b) for any six months out of the 12-month period immediately preceding the date of the accident by reason of which injury occurred; the insured was actively engaged in an occupation or employment for wages or profit, the corporation shall pay to the insured an indemnity of $75 per week for the period during which the insured remains partially disabled up to a maximum of 104 weeks. Disabled homemaker 15(1) Where an insured, being a homemaker, sustains bodily injuries arising out of one of the perils specified in Division II, which render him or her totally and continuously incapable of performing any and all household duties, the corporation shall pay to the insured an indemnity of $175 per week for the duration of the total incapacity. 15(2) Where an insured, being a homemaker, sustains bodily injuries arising out of any of the perils specified in Division II, which render him or her entirely incapable of performing one, or more than one, of his or her essential daily household duties, the corporation shall pay to the insured an indemnity of $75 per week for the duration of the incapacity, up to a maximum period of 104 weeks. No indemnity for first week 16 There shall be a period of seven days immediately following the commencement of a disability during which, and in respect of which, no indemnity is payable by the corporation under sections 13, 14 and 15. Infants and persons physically or mentally infirm 17(1) For the purpose of this Division, no infant is entitled to any weekly indemnity during his or her minority, and no person who, by reason of mental or physical infirmity, was unable to provide himself or herself with the necessaries of life prior to an accident for which coverage is otherwise provided under Division II, is entitled to any weekly indemnity for the duration of that infirmity, but (a) in the case of an infant, where, following his or her 18th birthday, it is shown that, by reason of an accident that occurred during his or her minority for which coverage would otherwise have been provided under Division II, the infant (i) is, and remains, incapable of engaging in any occupation for wages or profit, then the infant shall be deemed to be totally disabled from the date of his or her 18th birthday, (ii) is, and remains, physically or mentally handicapped to such an extent as actually to limit his or her ability to earn a livelihood, then the infant shall be deemed to be partially disabled from the date of his or her 18th birthday; (b) in the case of a person who was unable to provide himself or herself with the necessaries of life by reason of mental or physical infirmity prior to an accident for which coverage is provided under Division II, if it is shown that the person (i) would be completely or substantially cured of that pre-existing condition, but for the injuries sustained in the accident, and that he or she remains totally and continuously incapable of engaging in any occupation for wages or profit by reason of the injuries sustained in the accident, then the person shall be deemed to be totally disabled as of the date upon which the pre-existing condition would or could have been totally or substantially cured, (ii) has been substantially cured of that pre-existing condition, but remains totally and continuously incapable of engaging in any occupation for wages or profit by reason of the injuries sustained in the accident, then the person shall be deemed to be totally disabled as of the date that the pre-existing condition was cured, (iii) has been totally or partially cured of the pre-existing condition, but that by reason of mental or physical incapacity arising out of injuries sustained in the accident, his or her ability to earn a livelihood is actually limited, then the person shall be deemed to be partially disabled as of the date that the pre-existing condition was totally or partially cured. 17(2) Notwithstanding any provision in subsection (1), and in addition to any other benefits conferred hereby, any person who sustains injuries for which coverage is provided under Division II, and who, but for his or her infancy or mental or physical infirmity, would qualify to receive benefits under section 13 or 14, is entitled, (a) if totally disabled, to a weekly indemnity as follows: (i) an amount equal to his or her actual average gross weekly earnings from his or her occupation or employment if such actual earnings amount to $175 or less per week, or (ii) an amount of $175 if his or her average gross weekly earnings from his or her occupation or employment exceed $175 but 70% of such earnings amount to less than $175, or (iii) an amount equal to 70% of his or her average gross weekly earnings if the amount so computed exceeds $175, provided that where an insured is concurrently in receipt of wages or profit from his or her occupation or employment during the period of total disability, the weekly indemnity payable to that insured shall be reduced by the amount by which the aggregate of such wages or profit, calculated weekly, and the indemnity otherwise payable under this clause exceeds 70% of his or her average gross weekly earnings; but the amount payable by the corporation under this clause for the duration of the period the insured remains totally disabled shall in no event be less than $175 or greater than $350 per week; (b) if partially disabled, to a weekly indemnity equal to his or her actual loss of earnings up to a maximum of $75 per week for a maximum period of 104 weeks, or until the termination of his or her infancy or mental or physical infirmity, whichever period is the shorter. Transition from total to partial disability 18 A person who has received an indemnity for total disability under section 13 or subsection 15(1) and subsequently ceases to be totally disabled, but remains partially disabled, may apply for, and receive, the indemnity payable to a person under section 14 or subsection 15(2), respectively, for the full period, from the date of transition in either case, for which a person would be otherwise entitled to indemnity thereunder. Commutation 19 The corporation, at any time after the occurrence of bodily injuries by reason of an accident arising out of one of the perils specified in Division II, may make a binding agreement with the insured for the commutation of such indemnity as may be payable to the insured under this Division, by way of lump sum settlement or otherwise; but such an agreement shall not be made by the corporation to the foreseeable detriment of the insured. Treatment to reduce disability 20(1) Where the corporation is informed, and has good reason to believe, that a person who is receiving benefits under this Division (a) could, by subjecting himself or herself to medical, surgical, or other similar treatment, partly or entirely relieve his or her disability;

or (b) could, by undertaking or enrolling in a program or course for occupational rehabilitation or retraining, improve his or her earning capacity; the corporation may request the insured to subject himself or herself to such treatment, or undertake or enroll in such a program or course, at the cost of the corporation, and the corporation may cease to pay benefits under this Division if the insured refuses to undergo such treatment or to undertake or enroll in such a course but (c) the corporation shall not cease the payment of the benefits under this Division before giving the insured at least 120 days notice in writing by mail which requires a signature upon receipt, postage prepaid, addressed to the insured at his or her place of residence; and (d) the insured may, within that period of 120 days, apply to a judge of the Court of King's Bench for an injunction against the cessation of benefits, upon the ground (i) that such treatment is not likely to improve the condition of the insured, (ii) that such treatment may be otherwise dangerous to the health of the insured, or (iii) that such a course would not in the circumstances improve the ability of the insured to earn a livelihood. 20(2) Where the court is satisfied that a treatment, program, or course referred to in subsection (1), should not be undertaken or required, it shall, by order, restrain the cessation of benefits. 20(3) The corporation may require a person who is receiving benefits under this Division to undergo an independent occupational or vocational assessment to be conducted by a consultant appointed by the corporation and the assessment shall be conducted at the expense of the corporation. DIVISION VII IMPAIRMENT BENEFITS Benefits payable 21(1) Subject to the Act and this regulation, where an insured has sustained bodily injuries as the result of an accident arising out of one of the perils specified in Division II, and those injuries result in one or more of the impairments designated in Schedule A, the corporation shall pay benefits in respect of the impairment or impairments. 21(2) The amount payable under this Part for any item of impairment listed in Schedule A is that percentage of $20,000 that is equal to the percentage of impairment set out in Schedule A. Time within which impairment occurs 22 No claim shall be made in respect of an impairment under this Division unless the impairment resulted from injury by reason of an accident arising out of one of the perils specified in Division II, within 90 days of the accident; but that period of 90 days may be extended for a period not exceeding one year from the time of the accident if, at the commencement of each 30-day period after the first 90 days have expired, or at such less frequent intervals as the corporation may require, a certificate is furnished by the attending physician stating that the insured is being treated for an injury that may eventually result in any of the impairments referred to in column 1 of Schedule A. Benefits not to exceed $20,000 23 The corporation is not liable under this Division for any amount in excess of $20,000 in aggregate. $20,000 for permanent total incapacity in respect of earning power 24 Subject to the fact that the corporation is not in any event liable to pay more than $20,000 under this Division, where an insured sustains bodily injuries arising out of one of the perils specified in Division II, which, within 90 days from the time of the accident, results in a loss of function of mind or body of the insured sufficiently extensive to render the insured permanently incapable of engaging in any occupation for wages or profit, the corporation shall pay to, or on behalf of, the insured the amount of $20,000; but that period of 90 days may be extended for a period not exceeding one year from the time of the accident if, at the commencement of each 30-day period after the first 90 days have expired, or at such less frequent intervals as the corporation may require, a certificate is furnished by the attending physician that the insured is being treated for an injury that may eventually result in the total incapacity described in this section. Death of insured within 90 days of the accident date 25 Notwithstanding anything in this regulation, the corporation is not liable for any payment of benefits under this Division where an insured sustains bodily injuries as a result of an accident arising out of the perils specified in Division II and those injuries result in the death of the insured within 90 days of the date of the accident. DIVISION VIII GENERAL PROVISIONS Examination by corporation's physician 26(1) Where there is a disagreement between the insured and the corporation as to the existence, or the extent, of an impairment, or as to whether injuries sustained by the insured have resulted in a loss of function of mind or body sufficiently extensive to render the insured permanently incapable of engaging in any occupation for wages or profit, or where there is a dispute as to the existence or extent of disability for which indemnity is payable under Division VI, or where there is a dispute as to the entitlement to the payment of medical expenses under Division III, the insured shall, in addition to the requirements of sections 43 and 44 submit to whatever reasonable physical examination, by a duly qualified medical practitioner appointed by the corporation, the corporation may consider necessary; and no payment shall be made with respect to an impairment, or with respect to loss of function of mind or body sufficiently extensive to render an insured permanently incapable of engaging in any occupation for wages or profit, or with respect to an indemnity under this Part, or with respect to any medical expense claimed under Division III until such examination has been permitted. 26(2) Should disagreement persist, notwithstanding the insured's compliance with subsection (1), the insured may maintain an action against the corporation. No reduction of death benefit by reason of indemnity payment 27 Should any benefits be paid to an insured as an indemnity in respect of disability under Division VI, prior to the death of the insured for which benefits are payable under Division V, the benefits payable under Division V, upon the death of the insured, shall not be reduced by reason of any prior payment of a benefit as an indemnity for disability under Division VI. No reduction of total impairment benefit for payments of indemnity benefits 28 Benefits payable by reason of impairment under Division VII shall not be reduced by reason of benefits payable as an indemnity for a disability under Division VI; nor shall payments for a disability under Division VI be reduced or affected by reason of benefits payable for an impairment under Division VII. Death benefit reduced by amount paid for impairment 29 Benefits payable under Division V, upon the death of an insured, shall be reduced to the extent of any amount previously paid by the corporation under Division VII in respect of any impairment arising out of injuries sustained in the same accident. Payment to committee or substitute decision maker 30 If a person who is entitled to the payment of an amount under this Part has a committee appointed under The Mental Health Act or a substitute decision maker for property appointed under The Adults Living with an Intellectual Disability Act , the corporation shall pay the amount to the committee or substitute decision maker. M.R. 3/2025 Payment to insured 31 Subject to section 62 of the Act, and except for the payment of benefits under sections 11, 25 and 30 of this regulation, the corporation shall make all payment of benefits under this Part to the insured. M.R. 3/2025 No impairment or indemnity benefits after death 32 The corporation is not liable for any payment of benefits in respect of either a disability under Division VI, or in respect of an impairment under Division VII, for any period following the death of the insured. No waiver 33 Except where there is an agreement for the commutation of any benefit payable for a disability under section 19, neither the insured nor any of his or her dependants shall agree with any person to waive or forego any of the benefits to which any of them are or may become entitled under this Part, and every agreement purporting to do so is null and void. No benefits to certain persons 34 The corporation is not liable to pay any benefits under this Part to any of the following persons or their dependants: (a) a resident of another province, federal territory of Canada, or another country, riding in or upon an off-road vehicle for which extension coverage under this part has not been purchased; (b) a person who (i) is driving, riding in or on, or operating, an off-road vehicle that, at the material time, is engaged in any illicit or prohibited trade or transportation, or (ii) is driving, riding in or on, or operating, an off-road vehicle that, at the material time, is engaged in a race or speed test, or (iii) being voluntarily a spectator or a person engaged in, or employed at, an area that, for the time being, is used by a spectator or spectators to view off-road vehicles engaged in a race or speed test, is struck down by, in collision with, or run down or run over by, such an off-road vehicle; or (c) a person who is incarcerated in a federal or provincial jail; and (d) a person who is engaged in the business of selling, repairing, maintaining, storing, servicing or parking off-road vehicles while working upon the off-road vehicle in the course of that business or while so engaged is an occupant of the off-road vehicle unless the person is the owner of such off-road vehicle or the owner's employee or partner. M.R. 3/2025 Worker's compensation 35 Except for the benefits payable in respect of the death of an insured under Division V, the corporation is not liable to pay any benefits under this Part, where the person sustaining the loss for which claim would otherwise be made, or his or her dependants, are entitled to compensation under The Workers Compensation Act or other similar law providing for compensation to injured workers, enacted by a legislature or law-making authority of any province, state or country. Employment insurance 36 The corporation is not liable to pay benefits, as an indemnity in respect of a disability under Division VI, for any period in respect of which the insured receives moneys under the Employment Insurance Act (Canada). Policy conditions 37 Subject to section 22 of the Act, and subject to the fact that no breach hereunder relieves the corporation for funeral expenses under Division IV and death benefits under Division V, the benefits provided under this Part are subject to the following conditions set out in this section: (a) an insured who is ordinarily resident in the province shall not operate an off-road vehicle unless he or she is named in a valid and subsisting driver's licence where a driver's licence is required under The Off-Road Vehicles Act ; (b) an insured shall not operate an off-road vehicle to which is attached a trailer that is required to be designated in an owner's certificate if it is not so designated; (c) an insured shall not use or operate any off-road vehicle while under the influence of an intoxicating liquor or drug to such an extent as to be, for the time being, incapable of proper control of the vehicle; (d) an insured shall not operate any off-road vehicle while in a condition for which he or she is convicted of an offence under subsection 320.14(1), (2) or (3) of the Criminal Code (Canada); (e) an insured shall not operate any off-road vehicle in connection with circumstances for which he or she is convicted of an offence under section 320.15 of the Criminal Code (Canada); (f) an insured shall not take hold of, or attach himself or herself to, an off-road vehicle for the purpose of being pushed or pulled thereby unless he or she is riding in or on that portion of the off-road vehicle that is designated for the seating of passengers or the carrying of a load; (g) an insured, being the owner or other person in charge of an off-road vehicle, shall not permit, allow, suffer, or connive at the use or the operation of the off-road vehicle by any person, contrary to the conditions set out in this section, but it is not of itself a violation of this clause for the insured to permit or allow the use or operation of the off-road vehicle by a person who, while not being named in a valid and subsisting driver's certificate, is nevertheless qualified or authorized by law to drive the off-road vehicle; (h) an insured shall not ride as a passenger in an off-road vehicle while that off-road vehicle is being operated by any person who is not qualified or authorized by law to do so unless that passenger believes upon reasonable and probable grounds that person is so qualified or authorized; (i) an insured shall not drive or operate any off-road vehicle to escape or avoid arrest or other similar police action or in contravention of a signal from a peace officer requiring him or her to bring the off-road vehicle to a stop; (j) an insured, being a passenger in an off-road vehicle, shall provide the name and, if available, the address of the person operating the off-road vehicle at the time of the accident giving rise to a claim. M.R. 113/2018 ; 187/2018 ; 3/2025 Proof of interest and claim 38(1) Any claim made under this Part by a claimant is subject to proof of the interest of the claimant. 38(2) Proof of claim for benefits payable under this regulation shall be made by an insured, if required by the corporation. 38(3) In the case of the death of an insured, proof of claim, if required, shall be made by the primary dependant, although other persons may be entitled to receive benefits. Notice and proof of claims 39(1) Any person entitled to make claim under this Part shall, (a) subject to subsection (2), give notice of claim to the corporation not later than 30 days from the date of the accident; (b) if required by the corporation, and subject to subsection (3), furnish such proof of claim as is reasonably possible within 90 days of the happening of the accident; and (c) furnish to the corporation a certificate (i) from a duly qualified medical practitioner indicating the duration, or probable duration, of any disability under Division VI, and of the nature and extent of any impairment under Division VII, from an injury arising out of an accident in respect of which claim is made under this Part, or (ii) from a member in good standing of the Canadian Chiropractic Association, where the injury is of local complaint of the muscular or the skeletal system in the case of a strain, sprain, or disarticulation of the spine, indicating the duration of any disability under Division VI, caused by the injury arising out of the accident for which claim is made. 39(2) Failure to give the notice required under clause (1)⁠(a) does not invalidate the claim if it is shown that it was not reasonably practicable to give notice within the time stated in that clause, and that notice was given as soon as was reasonably practicable. 39(3) Proof of the claim referred to in clause (1)⁠(b) shall contain information relating to the circumstances surrounding the accident and the nature and cause thereof including all available particulars. Onus of proof as to statements 40 Where a claimant is one of the persons required by sections 48, 49, 50 and 51 of The Off-Road Vehicles Act , or subsections 6(4), (5), and (6) of the Act, to furnish the information, statements, and reports therein specified, he or she shall comply in every particular, and the onus of proving compliance with those provisions is upon the claimant. Benefits not affected by other insurance 41 Except as provided in Division III and sections 35, 36 and 42, benefits to which a person becomes entitled under this Part shall be paid regardless of the existence of, and benefit under, any contract or policy of other insurance. Aggregate indemnity not to exceed average income 42(1) Where, by reason of an accident, an insured suffers a disability for which he or she is entitled to an indemnity under Division VI, and is concurrently insured by a contract or policy of other insurance by virtue of which an indemnity similar in nature and purpose to that payable under Division VI is payable, and if, under that other insurance and under Division VI, the aggregate of the amount payable is greater than the average income of the insured prior to the accident, the corporation is liable only for the payment of that proportion of the indemnity specified in Division VI that is equal to the ratio between the insured's loss of income and the aggregate of the indemnities that would otherwise be payable to the insured under both Division VI and the contract or policy of other insurance. 42(2) Subsection (1) does not apply in respect of the claim of an insured who is a homemaker. Proof of claim 43 Where the corporation requires a proof of claim from any insured under this Part, it shall, upon receiving notice of claim, furnish to the claimant, forms of proof of claim, and if such forms are not so furnished by the corporation within 30 days after receipt of the notice, the claimant shall be deemed to have complied with the requirements of this Part as to proof of claims, if he or she submits within the time fixed by subsection 39(1) for filing such proof, a written statement of the happening and character of the accident and of the extent of the loss for which claim is made. Corporation's right to examination and autopsy 44(1) The corporation may do the following, and the claimant shall afford to the corporation an opportunity to do them, namely: (a) examine the person of the insured in respect of whom claim is made, when and as often as it may reasonably require while a claim under this Part is pending; (b) in the case of the death of an insured, make an autopsy, subject to any laws of the province relating to autopsies. 44(2) Any examination under subsection (1) shall be made by a duly qualified medical practitioner or medical consultant appointed by the corporation and the examination shall be conducted at the expense of the corporation. Payment of benefits 45(1) The corporation shall pay all benefits for which it is liable under this Part, except an indemnity payable for disability under Division VI within 30 days after the receipt of the proof of claim, or within 30 days of settlement between the corporation and an insured, if no proof of claim is required. 45(2) The indemnity for disability under Division VI shall be paid within 30 days after the corporation has received a proof of claim from an insured, if a proof of claim has been required by the corporation, and within 30 days of the receipt by the corporation of notice of claim if no proof of claim has been required; and payments shall be made thereafter within each following 30-day period during which the corporation remains liable for payments if the insured, whenever required by the corporation to do so, furnishes such proof of continuing disability as may be required. Waiver of condition 46 The corporation shall be deemed not to have waived any condition under this Part, either in whole or in part, unless the waiver is clearly expressed in writing, signed by an officer of the corporation. Time limit on claim 47 Any action or proceeding against the corporation for the recovery of any claim under this Part shall be commenced within two years after the cause of the action arose. Clinical hernia 48(1) No benefits are payable in respect of hernia, except clinical hernia of a disabling character that results from an accident that imposes liability for resulting damage or injury on the corporation; but the corporation is not liable if the hernia is the sole injury in respect of which benefits are claimed, unless the insured reports the condition to the corporation within seven days immediately following the occurrence of the accident. 48(2) Where an insured does not submit to treatment prescribed by a duly qualified physician or surgeon within two weeks of the accident where from clinical hernia results directly and is the sole injury in respect of which benefits are claimed, benefits cease to be payable from the expiry of that two-week period, but the corporation may extend the period for submission to treatment. 48(3) Where an insured submits to an operation for a clinical hernia, the period of disability under Division VI ceases upon the expiry of 42 days following the day of the operation, but that period may be extended by the corporation or the Court of King's Bench where either is satisfied that complications warranting an extension have resulted directly from that operation. PART III LOSS OF OR DAMAGE TO OFF-ROAD VEHICLES EXTENSION INSURANCE DIVISION I Definitions 49 In this Part, "coverage" means (a) comprehensive extension coverage under this Part when an insured specifies such coverage in an owner's certificate, (b) collision or upset extension coverage under this Part when an insured specifies such coverage in an owner's certificate, or (c) comprehensive extension coverage and collision or upset extension coverage when an insured specifies both classes of extension coverage in an owner's certificate; (« garantie ») "insured" means a Manitoba resident who has purchased comprehensive extension coverage or collision or upset extension coverage, or both, and is named in a valid and subsisting owner's certificate; (« assuré ») "insured vehicle" means an off-road vehicle designated in a valid and subsisting owner's certificate in which comprehensive extension coverage or collision or upset extension coverage, or both, is specified and includes any trailer which is attached to such off-road vehicle at the time of loss, except a camper-sleigh; (« véhicule assuré ») "maximum insured value" in relation to an off-road vehicle, means the maximum amount for which the off-road vehicle can be insured under this regulation, and shall be the actual cash value of the off-road vehicle, to a maximum of $70,000; (« valeur assurée maximale ») "newly acquired off-road vehicle" means, for a seven-day period following its delivery, an off-road vehicle acquired by an insured, where notice of its acquisition is provided to the corporation within seven days of its delivery, and for which the insured has no other valid insurance if (a) it replaces an off-road vehicle described in an owner's certificate of the insured; or (b) the corporation insures, under this Part, all off-road vehicles owned by the insured at such delivery date and in respect of which the insured pays any additional premium and the insured is not engaged in the business of selling off-road vehicles; (« véhicule à caractère non routier nouvellement acquis ») "temporary substitute off-road vehicle" means an off-road vehicle not owned by the insured, nor by any person or persons residing in the same dwelling premises as the insured, while temporarily used as the substitute for the vehicle designated in an owner's certificate which is not in use by any person insured under the described off-road vehicle policy, because of its breakdown, repair, servicing, loss, destruction or sale. (« véhicule à caractère non routier de remplacement temporaire ») M.R. 31/2002 ; 39/2020 ; 3/2025 Off-road vehicle to include 50 In this Part, "off-road vehicle" has the meaning given to it in the Automobile Insurance Plan Regulation , but only where coverage has been applied for and a premium under this Part has been paid do the words "off-road vehicle" include an off-road vehicle designated in an owner's certificate, a trailer while attached to such off-road vehicle or a newly acquired off-road vehicle. M.R. 40/2008 ; 39/2020 DIVISION II COVERAGE Coverage 51(1) Coverage provided by this Part applies only to claims by or on behalf of an insured in respect of loss or damage to his or her insured vehicle and such permanently attached equipment as is related to the primary use of the insured vehicle where the damage is caused by a peril covered by extension insurance under this Part specified in the owner's certificate. 51(2) Where loss or damage arises from a peril which is covered by extension insurance under this Part specified in the owner's certificate, the corporation further agrees to indemnify the insured and any other person who personally drives a temporary substitute off-road vehicle, against the liability imposed by law or assumed by the insured or such other person under any contract or agreement for direct and accidental physical loss or damage to such temporary substitute off-road vehicle and arising from the care, custody and control thereof; provided always that (a) such indemnity is subject to the deductible clause and exclusions of this Part; (b) if the owner of such temporary substitute off-road vehicle has or places insurance against any peril insured by this Part, the indemnity provided herein shall be limited to the sum by which the deductible amount, if any, of such other insurance exceeds the deductible amount stated in this Part; and (c) section 84 of Part IV insofar as it is applicable, extends to the indemnity provided herein. Perils covered 52(1) Subject to the Act and this regulation, coverage is, by this Part, provided to an insured who specifies comprehensive extension coverage in an owner's certificate for direct and accidental loss or damage to his or her insured vehicle and such permanently attached equipment as is related to the primary use of the insured vehicle that occurs in Canada, in the United States of America, or between a Canadian port and an American port, arising out of any peril, including loss or damage caused by missiles, falling or flying objects, fire, theft, explosion, earthquake, windstorm, hail, rising water, malicious mischief, riot or civil commotion, but excluding loss or damage caused by collision with another object or by upset, unless the loss or damage is caused by collision of any conveyance in or upon which the off-road vehicle is being transported on land or water. 52(2) Subject to the Act and this regulation, coverage is, by this Part, provided to an insured who specifies collision or upset extension coverage in an owner's certificate for direct and accidental loss or damage to his or her insured vehicle and such permanently attached equipment as is related to the primary use of the insured vehicle that occurs in Canada, in the United States of America, or between a Canadian port and an American port, arising out of the accidental collision of the off-road vehicle with another object either moving or stationary, or by accidental upset. 52(3) In subsections (1) and (2), " another object " includes a trailer or another vehicle to which the insured vehicle is attached, the surface of the ground and any object in or on the trailer or other vehicle or on the ground. 52(4) An owner's certificate in respect of an insured vehicle may specify collision or upset extension coverage or comprehensive extension coverage, or both, and where in the owner's certificate extension coverage is specified for either or both of those categories, the owner's certificate shall be prima facie proof of extension insurance for the coverage or coverages specified. 52(5) Where the loss or damage for which coverage is provided under subsection (1) or (2) occurs, the corporation shall, in addition to any other amount payable, under this Part, pay to, or on behalf of, an insured any general average, salvage, and fire department charges, and custom duties of Canada, or the United States of America, for which the insured is legally liable. 52(6) Where loss occurs by reason of the theft of the entire insured vehicle and comprehensive extension coverage is specified in the owner's certificate, the corporation shall reimburse the insured for any expense not exceeding $50 per day or $1,500 in total per claim, plus all applicable taxes, incurred for the rental of a temporary substitute off-road vehicle. 52(7) Reimbursement under subsection (6) is limited to such expense incurred during the period commencing 72 hours after the theft has been reported to the corporation or the police and terminating, regardless of the expiration of coverage, under this Part (a) upon the date of the completion of repairs to, or the replacement of, the property lost or damages; or (b) upon such earlier date as the corporation makes or tenders settlement for the loss or damage caused by the theft. 52(8) An insured who applies and pays the premium for collision or upset extension coverage and who incurs damage to a helmet, worn at the time of the loss in respect of a collision, shall be reimbursed by the corporation to a maximum of $1,000 or the actual cash value of the helmet, whichever is the lesser. 52(9) Each occurrence of loss for which coverage is provided under this Part gives rise to a separate claim under this Part. M.R. 31/2002 ; 53/2022 ; 3/2025 Deductible 53 The liability of the corporation under this Part is limited to the amount of loss and damage in excess of the deductible, which is $500 and is applicable to the insured vehicle. Where no liability 54 The corporation is not liable, under section 52, for loss or damage (a) to tires, or consisting of, or caused by, mechanical fracture or breakdown of any part of the insured vehicle, or by rusting, corrosion, wear and tear, freezing, or explosion within the combustion chamber, unless the loss or damage is coincident with other loss or damage for which coverage is otherwise provided under section 52 or is caused by fire, theft or malicious mischief; (b) caused by the conversion, embezzlement, theft, or secretion by any person in lawful possession of an insured vehicle under a mortgage conditional, sale, lease or other similar written agreement; (c) caused by the voluntary parting with title or ownership, whether or not the insured is induced to do so by any fraudulent scheme, trick, device, or false pretence; (d) caused directly or indirectly through contamination by radioactive material; (e) to contents of the insured vehicle or trailer; (f) to tape and equipment for use with a tape player or recorder, when detached therefrom; (g) arising out of theft by any person residing in the same dwelling unit or premises as the insured or by an employee of the insured engaged in the operation, maintenance, or repair of the insured vehicle, whether the theft occurs in the hours of such service or employment or not; (h) to any off-road vehicle owned by the Government of Canada, or to any off-road vehicle owned by the government of any foreign jurisdiction, or any fire department vehicle owned by any governmental authority or a municipality; (i) to any permanently attached audio, video, communication and non-integral electronic data processing devices and their accessories for any amount per incident or accident in excess of the total value of the lost or damaged devices, including installation costs, or $1,000, whichever is the lesser, unless where the device is an audio, video or communication device, the make and model of audio, video, or communication device was installed by the off-road vehicle manufacturer as standard equipment or manufacturer-installed optional equipment on the off-road vehicle for its particular model year, in which case those limits do not apply; (j) occurring while the off-road vehicle is used in or upon water or while it is being launched into or landed therefrom; and (k) to any off-road vehicle in excess of its maximum insured value. M.R. 3/2025 DIVISION III CONDITIONS OF COVERAGE Coverage subject to the following conditions 55 Subject to section 22 of the Act, coverage under this Part is subject to the conditions set out in this Division. Giving of notice 56 Upon the happening of any loss or damage for which coverage is provided under this Part, the insured shall promptly notify the corporation of any other insurance of the same interest, whether valid or not, insuring against all or any part of the loss or damage. Driving limitations 57(1) The insured named in an owner's certificate shall not drive or operate the off-road vehicle designated therein (a) while he or she is under the influence of intoxicating liquor or drugs to such an extent as to be, for the time being, incapable of the proper control of the off-road vehicle; (b) while he or she is (i) in a condition for which he or she is convicted of an offence under subsection 320.14(1), (2) or (3) of the Criminal Code (Canada), or (ii) acting in a manner which results in a conviction under section 320.15 of the Criminal Code (Canada); (c) where the insured permits, suffers, allows or connives at the use of the off-road vehicle by any person contrary to the provisions of limitation under clause (b); (d) where a driver's licence is required under The Off-Road Vehicles Act for the operation of the off-road vehicle, while he or she is not for the time being, qualified or authorized by law to drive the insured off-road vehicle; (e) where a driver's licence is required under The Off-Road Vehicles Act for the operation of the off-road vehicle, while his or her licence to drive or operate the off-road vehicle is suspended or while his or her right to obtain a licence is suspended while he or she is prohibited under order of any court from driving or operating the off-road vehicle; (f) for any prohibited trade or transportation; (g) in any speed test or race; (h) when attached to that off-road vehicle is a trailer that, being required to be registered under The Drivers and Vehicles Act , is not so registered; or (i) to escape or avoid arrest or other similar police action or in contravention of a signal from a peace officer requiring him or her to bring the off-road vehicle to a stop. 57(2) The insured named in an owner's certificate shall not permit, suffer, allow or connive at, the use of the off-road vehicle designated therein by any person, in any way, or for any purpose, contrary to subsection (1). 57(3) The insured named in an owner's certificate shall provide to the corporation the name and, if available, the address of the person operating the insured off-road vehicle at the time of the accident giving rise to a claim. M.R. 37/2006 ; 113/2018 ; 187/2018 ; 3/2025 Operating contrary to certain Acts 58 An insured vehicle shall not be operated for any purpose contrary to The Drivers and Vehicles Act , The Off-Road Vehicles Act or The Highway Traffic Act , and without restricting the generality of the foregoing, an insured vehicle shall not be operated in contravention of any provision of those Acts or the regulations thereunder. M.R. 37/2006 ; 3/2025 Acts of war 59 The corporation is not liable for loss or damage that is caused directly or indirectly by bombardment, invasion, civil war, insurrection, rebellion, revolution, acts of terrorism, military or usurped power, or by operations of armed forces while engaged in hostilities, whether or not war has been declared. M.R. 31/2002 Reporting 60 Where the insured is a person required to furnish a report under sections 48, 49 or 50 of The Off-Road Vehicles Act or under subsections 6(4), 6(5) and 6(6) of The Manitoba Public Insurance Corporation Act , he or she shall comply therewith in every particular, and the onus of proving that compliance is upon the insured. Requirements on occurrence of loss 61 Upon the occurrence of any loss or damage to an off-road vehicle designated in an owner's certificate, the insured shall, if the loss or damage is insured under this Part, (a) as soon as reasonably possible give notice in writing thereof, in addition to any report that may be required under section 60, to the corporation, with fullest information available at the time, and at the expense of the corporation, and as far as is reasonably possible, and subject to sections 62 and 63, protect the vehicle from further loss or damage; (b) deliver, if required by the corporation, but subject to section 64, within 90 days of the loss or damage, a statutory declaration stating to the best of the insured's knowledge and information, the place, the time, the cause, and the amount of the loss or damage, the interest of the insured, and all others therein, the encumbrances thereon, all other insurance relating to the insured off-road vehicle, whether valid or invalid, and stating that the loss or damage was not wilfully procured by the insured or by any person with the collusion of the insured, or by any person with the connivance of the insured. Loss not recoverable 62 Any further loss or damage to which reference is made in clause 61(a) accruing directly or indirectly from failure to protect, is not recoverable under the Part. Repairs 63 No repairs shall be undertaken, and no physical evidence of the loss or damage shall be removed, without the written consent of the corporation, except such repairs as are immediately necessary for the protection of the off-road vehicle from further loss or damage, until the corporation has had a reasonable time to make the inspection referred to in section 72. Waiver of declaration 64 The corporation may waive the requirement for statutory declaration under clause 61(b), and if the corporation pays a claim under this Part before or without having received a statutory declaration, that payment shall be deemed to be a waiver. Examination under oath 65 The insured shall submit to examination under oath, and shall produce for examination, at such reasonable time and place as is designated by the corporation or its representative, all documents in his or her possession or control that relate to the matters in question, and permit copies thereof, and extracts therefrom to be made. Insurance money not more than actual value of property 66 The corporation is not liable beyond the actual cash value of the off-road vehicle at the time that any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to that actual cash value with proper deduction for depreciation, however caused, and shall not exceed what it would cost to repair or replace the off-road vehicle or any part thereof, as the case may be, with material of the like, kind and quality; but if any part of the off-road vehicle is obsolete and out of stock, the liability of the corporation in respect thereof, is limited to the value of that part at the time of loss or damage, not exceeding the maker's latest list price. Corporation may repair, replace or rebuild 67 Except where an appraisal under section 70 has been made, the corporation, instead of making payment, may, within a reasonable time, repair, rebuild, or replace the property damaged or lost with other material or property of a like kind and quality if within seven days after receipt of proof of loss, it gives written notice of its intention to do so. Abandonment without consent 68 There shall be no abandonment of the insured off-road vehicle to the corporation without the consent of the corporation, and if the corporation exercises the option to replace the insured vehicle or pays the actual cash value of the off-road vehicle, the salvage, if any, vests in the corporation. Payment of loss to insured and others 69 Where the corporation elects not to repair, replace, or rebuild the insured vehicle, but instead to pay the actual cash value of the loss or damage and the corporation is aware of the existence of the interest of another person in the insured off-road vehicle, the corporation may make payment of insurance moneys jointly to the insured and that other person. Settlement of dispute as to quantum or adequacy of repairs 70(1) Where there is disagreement as to the nature and extent of the repairs and the replacements required, or as to their adequacy, if affected, or as to the amount of insurance moneys payable in respect of any loss or damage, the question shall be determined by appraisers before recovery can be had under this Part; and in that event, there shall be a determination by appraisers, independent of all other questions, and whether or not coverage is admitted by the corporation under this Part. 70(2) Where there is a dispute as referred to in subsection (1), the insured and the corporation shall each nominate an appraiser to act on his, her or its behalf and shall notify the other of the name, address and telephone number of the appraiser nominated by him, her or it. 70(3) Should one of the parties fail to nominate or give the notice required in subsection (2), within five days of his, her or its receipt of such a notice from the other party, the party who or which has failed to give notice shall be deemed to concur in the appraisal or estimate originally proposed by the other party, and the parties are bound thereby. 70(4) Where both parties have nominated appraisers under subsection (2), the two appraisers shall meet or communicate within five days of the receipt of notice by the second of the parties to receive notice, and shall attempt to settle the matter or matters in dispute and an award made pursuant to such a settlement is binding upon the parties. 70(5) Where the appraisers cannot agree, they may, by mutual agreement upon the appointment of an independent umpire, refer the matter or matters in dispute to the umpire for final determination, and in that event the decision of the umpire is final and binding. 70(6) Where the appraisers are unable to agree upon the appointment of an independent umpire, any appraiser or party may apply to a Court of King's Bench judge to appoint an umpire; and the Court of King's Bench judge to whom application is made, shall appoint an umpire within five days of the date of application, and the decision of an umpire so appointed by a judge is final and binding. 70(7) Each party shall pay the appraiser nominated by him, her or it and the parties shall bear equally any other costs incidental to the appraisal, including the costs of the umpire. 70(8) Any notice required under subsection (2) shall be given by mail which requires a signature upon receipt, postage prepaid. No waiver 71 Neither the corporation nor the insured shall be deemed to have waived any term or condition of this Division by any act relating to the appraisal or to the delivery and completion of proofs of loss or the investigation or adjustment of a claim. Inspection 72 The corporation shall be permitted, at all reasonable times, to inspect the off-road vehicle designated in an owner's certificate and its equipment. Other insurance of the same interest 73 Where the insured named in an owner's certificate has or places any additional or other insurance extending coverage against loss or damage, which, but for this section would be within the limits of the corporation's liability under this Part, the corporation is not liable to pay any insurance moneys under this Part, unless this Part is made subject to section 272 of The Insurance Act by order of the Lieutenant Governor in Council. Private extension insurance 74 Where the Superintendent of Insurance in the exercise of any general or special power conferred upon him or her by The Insurance Act , approves a policy of automobile insurance that purports to limit the liability of another insurer to the portion of any loss that may be sustained outside the amount for which the corporation is liable under this Part, nothing in section 73 affects the validity of that policy; and where such a policy is in effect, the liability of the corporation under this Part shall be ascertained as if no other insurance were in effect. Time of payment 75 The corporation shall pay insurance moneys for which it is liable within 30 days after the statutory declaration has been received by it or in the event of an appraisal under subsection 70(1), within 15 days after the award is rendered. No notice or statutory declaration by insured 76 Where an insured fails, neglects, or refuses to give notice of claim or make a statutory declaration as required by this Division, that notice of claim or statutory declaration may be made by a party to whom insurance moneys may be payable under this Part. PART IV OPTIONAL LIABILITY EXTENSION INSURANCE DIVISION I DEFINITIONS Definitions 77 In this Part, "coverage" means extension coverage under this Part; (« garantie ») "insured" means a Manitoba resident who has purchased extension insurance under this Part, and is named in a valid and subsisting owner's certificate and includes a person who operates an off-road vehicle with the consent of the person named in the owner's certificate; (« assuré ») "insured vehicle" means an off-road vehicle that Part 9 of the Vehicle Registration Regulation exempts from the requirement to be registered under The Drivers and Vehicles Act and that is designated in a valid and subsisting owner's certificate in which coverage under this Part is specified; (« véhicule assuré ») "newly acquired off-road vehicle" means, for a seven-day period following its delivery, an off-road vehicle acquired by an insured, where notice of its acquisition is provided to the corporation within seven days of its delivery, and for which the insured has no other valid insurance if (a) it replaces an off-road vehicle described in an owner's certificate of the insured; or (b) the corporation insures, under this Part, all off-road vehicles owned by the insured at such delivery date and in respect of which the insured pays any additional premium and the insured is not engaged in the business of selling off-road vehicles; (« véhicule à caractère non routier nouvellement acquis ») "temporary substitute off-road vehicle" means an off-road vehicle not owned by the insured, nor by any person or persons residing in the same dwelling premises as the insured, while temporarily used as the substitute for the vehicle designated in an owner's certificate which is not in use by any person insured under the described off-road vehicle policy, because of its breakdown, repair, servicing, loss, destruction, or sale. (« véhicule à caractère non routier de remplacement temporaire ») M.R. 37/2006 Off-road vehicle to include 78 In this Part, "off-road vehicle" has the meaning given to it in the Automobile Insurance Plan Regulation , but only where coverage has been applied for and a premium under this Part has been paid do the words "off-road vehicle" include (a) an off-road vehicle designated in a valid and subsisting owner's certificate; (b) a trailer while attached to such off-road vehicle; (c) a newly acquired off-road vehicle; (d) a temporary substitute off-road vehicle; (e) any off-road vehicle other than the described off-road vehicle while personally driven by the insured, or by his or her spouse if residing in the same dwelling premises as the insured, provided that (i) the named insured is an individual or are husband and wife, (ii) neither the insured nor his or her spouse is driving such off-road vehicle in connection with the business of selling, repairing, maintaining, servicing, storing or parking off-road vehicles, (iii) such other off-road vehicle is not owned or regularly or frequently used by the insured or by any person or persons residing in the same dwelling premises as the insured, (iv) such other off-road vehicle is not owned, hired or leased by an employer of the insured or by an employer of any person or persons residing in the same dwelling premises as the insured, and (v) such other off-road vehicle is not used for carrying passengers for compensation or hire or for commercial delivery;

(f) if the insured is a corporation, unincorporated association or registered co-partnership, any off-road vehicle other than the described off-road vehicle, while personally driven by the employee or partner for whose regular use the described off-road vehicle is furnished, or by his or her spouse if residing in the same dwelling premises as such employee or partner, provided that (i) neither such employee or partner or his or her spouse is the owner of an off-road vehicle, (ii) neither such employee, partner or spouse is driving the off-road vehicle in connection with the business of selling, repairing, maintaining, servicing, storing or parking off-road vehicles, (iii) such other off-road vehicle is not owned, hired or leased or regularly or frequently used by the insured or such employee or by any partner of the insured or by any persons residing in the same dwelling premises as any of the aforementioned persons, and (iv) such other off-road vehicle is not used for carrying passengers for compensation or hire or commercial delivery. M.R. 40/2008 ; 39/2020 DIVISION II COVERAGE Meaning of "motor vehicle" 79 For the purpose of establishing the plan of automobile insurance for off-road vehicles set out in this Part, an off-road vehicle is within the definition of "motor vehicle" in subsection 1(1) of the Act. Coverage 80 Subject to the Act, and this regulation, coverage is hereby provided to an insured under this Part, for damages, in the amounts herein specified, for liability imposed by law in respect of bodily injuries to, or the death of, another person, or in respect of the loss of, or damage to, the property of another arising out of the ownership, use, or operation of an insured off-road vehicle by an insured, in Canada, in the United States of America, or upon a vessel plying between ports of Canada, between ports of the United States of America, or between a Canadian port and an American port. M.R. 37/2006 Where no coverage provided 81 The corporation shall not pay insurance moneys under this Part (a) in respect of liability imposed upon an insured by any worker's compensation law; (b) for the liability of any person who operates an off-road vehicle with the consent of the person designated in the owner's certificate for the vehicle where the person, at the time of an accident arising out of which insurance moneys under this Part might be otherwise payable, is in possession of the off-road vehicle (i) in the course of the business, occupation or trade of off-road vehicle maintenance, repair, service, storage, parking, or sales, or (ii) in the course of his or her business as an off-road vehicle dealer as defined in section 69 of The Drivers and Vehicles Act , unless that person is the employee or partner of the person who is named in the owner's certificate; (c) for loss of, or damage to, property carried in or upon an insured off-road vehicle, or any property owned or rented by, or in the care, custody, or control of, an insured to whom coverage is provided under this Part; (d) in respect of the liability of an insured for damages resulting from (i) bodily injury to, or the death of, any person, or (ii) the loss of, or damage to, the property of another, arising, directly or indirectly, out of a nuclear energy hazard; (e) in respect of the liability imposed by law upon the Government of Canada, or any agent, servant, or employee of the Government of Canada for damages resulting from bodily injury to, or the death of, any person, or for loss of, or damage to, the property of another, arising out of the ownership, use or operation of an off-road vehicle owned by the Government of Canada; (f) for the loss or damage resulting from bodily injury to, or the death of, any employee or partner of the insured while engaged in the operation or repair of the insured off-road vehicle; (g) for loss or damage resulting from bodily injury to, or the death of, an insured; (h) in respect of the liability of an insured for damages resulting from bodily injury to, or the death of, any person, or the loss or destruction of the property of another, arising directly or indirectly from the ownership, use or operation of any machinery, equipment or apparatus, including its ancillary equipment, mounted on or attached to an off-road vehicle, in respect of which the insured is insured, while the attached machinery or equipment is at the site of the use or operation of that attached machinery or equipment; (i) for loss or damage occurring while the off-road vehicle is used in or upon water or while it is being launched into or landed therefrom; (j) for the loss or damage resulting from bodily injury to or the death of any occupant of the insured vehicle who at the time was participating in a criminal joint venture; or (k) for any amount, except to the extent that insurance money otherwise payable for liability for loss or damage to persons or property under the Act, had this policy not been issued, does not constitute a complete indemnity to the insured for such liability, and in no event exceeding the limits stated in an owner's certificate. M.R. 37/2006 Limit of coverage 82 Where an insured is liable for damages under this Part in respect of any one accident, and that liability results (a) from bodily injury to, or the death of, one or more persons, or from the loss or destruction of property; or (b) from bodily injury to, or the death of, one or more persons and also from the loss or destruction of property; the total liability of the corporation, inclusive of any prejudgment interest or loss of, opportunity to invest, under section 80, for the payment of insurance moneys under this Part, regardless of the number of claims or the number of persons who make claim under this Part, is limited to the amount of $500,000. M.R. 44/2014 Priorities 83(1) Where, in respect to any one accident, the corporation is liable for payment of insurance moneys under this Part, (a) claims arising out of bodily injury or death have priority over claims arising out of the loss or destruction of property to the amount of $450,000; and (b) claims arising out of the loss or destruction of property have priority over claims arising out of bodily injury or death, to the amount of $50,000. Liability in respect of trailers attached to vehicles 83(2) For the purpose of determining the liability of the corporation for payment of insurance moneys under this Part, an off-road vehicle designated in an owner's certificate and one or more trailers attached thereto, shall be deemed to be one vehicle, and where loss occurs for which coverage is provided under section 80 by reason of the ownership, use, or operation of an off-road vehicle with attached trailer, the corporation is not liable under this Part for more in the aggregate than the amount specified in section 82. M.R. 44/2014 Duties of corporation 84(1) Where a claim for damages is made against an insured to whom coverage is provided under this Part, the corporation shall (a) upon receipt of notice of any such claim, assist the insured by causing investigations to be made in respect thereof, and by negotiating such settlement thereof as may be deemed expedient by the corporation; (b) without cost to the insured, defend in the name of, and on behalf of, the insured, any civil action, for damages brought against the insured in respect of injuries, death, or loss of, or damage to, the property of another; (c) pay all costs taxed against the insured in any civil action defended by the corporation, except the cost of an appeal taken by the insured without the consent of the corporation, and any interest accruing after entry of judgment, upon that part of the judgment that is within the limits of the liability of the corporation; (d) reimburse the insured for outlay in respect of such medical aid as may have been immediately necessary for a person injured, by reason of an accident for which coverage is provided in this Part; and (e) the corporation shall not set up any defence to a claim that might not be set up if the policy were a motor vehicle liability policy issued in the province, state or territory in which the accident occurred. Liability for costs 84(2) The corporation is liable in respect of costs and expenditures under subsection (1) only in the ratio in which its liability for the payment of a claim under this Part is proportionate to the total amount for which the insured is liable. Indemnity insurance 85 Coverage provided by this Part is indemnity insurance within the meaning of section 40 of the Act. DIVISION III CONDITIONS OF LIABILITY Conditions of coverage 86 Subject to section 22 of the Act, coverage under this Part is subject to the conditions set out in this Division. Giving of notice 87 Upon the happening of any event for which coverage is provided to an insured under this Part, the insured shall promptly notify the corporation of any other insurance of the same interest, whether valid or not, insuring against all or any part of the liability for which coverage is provided under this Part. Driving limitations 88 The insured shall not drive or operate, or permit, suffer, allow or connive at the use of, any off-road vehicle in respect of which coverage is provided under this Part (a) contrary to The Drivers and Vehicles Act , The Highway Traffic Act or The Off-Road Vehicles Act ; (a.1) while under the influence of intoxicating liquor or drugs to such an extent as to be, for the time being, incapable of the proper control of the off-road vehicle; (a.2) while in a condition for which they are convicted of an offence under subsection 320.14(1), (2) or (3) of the Criminal Code (Canada); (b) for any illicit or prohibited trade or transportation; (c) in any race or speed test; (d) when attached thereto is a trailer that, being required to be registered under The Drivers and Vehicles Act is not so registered; (e) to escape or avoid arrest or other similar police action or in contravention of a signal from a peace officer requiring him or her to bring the vehicle to a stop; (f) with the intention of wilfully or deliberately causing bodily injury, death or damage to property; or (g) where a driver's licence is required under The Off-Road Vehicles Act for the operation of the off-road vehicle, while he or she is not for the time being, qualified or authorized by law to drive the insured vehicle. M.R. 37/2006 ; 93/2023 Requirements where coverage might be asserted 89 Where coverage under this Part is or might be asserted, the insured shall (a) promptly provide the corporation with written notice containing all available particulars of any accident involving loss or damage to the persons or property of others, and of any claim made in respect of any such accident; (b) provide such affidavit or statutory declaration as the corporation may require in verification of the fact that the accident as a result of which coverage is claimed under this Part, arose out of the operation of an off-road vehicle designated in an owner's certificate, by an insured; and (c) forward to the corporation every statement of claim, writ, letter, document, or advice relating to a claim against an insured for which coverage may be provided under this Part, immediately upon receipt thereof. Insured to co-operate etc. 90 The insured shall not voluntarily assume any liability or settle any claim except at his or her own cost, and the insured shall not interfere with the corporation in any negotiations for settlement or in any legal proceedings, but whenever requested by the corporation, the insured shall aid in securing information and evidence, as well as the attendance of any witness, and shall co-operate with the corporation, except in a pecuniary way in the defence of an action or proceeding, or in the prosecution of any appeal, taken by the corporation on behalf of the insured. No waiver 91 Neither the corporation nor the insured shall be deemed to have waived any term or condition of this Part by any act relating to the appraisal or to the investigation or adjustment of any claim. Inspection 92 The corporation may, at all reasonable times, inspect any off-road vehicle designated in an owner's certificate, as well as its equipment. Action against the corporation 93 Neither the insured nor any other person who, by virtue of section 40 of the Act, may be entitled to make claim against the corporation for coverage under this Part may bring an action against the corporation to recover insurance moneys until there has been full compliance with sections 89 and 90, and either (a) the amount of insurance moneys payable by the corporation has been determined by a court of competent jurisdiction following the conclusion of all judicial proceedings including appeals; or (b) all issues, including the issue of quantum of damages, have been settled by agreement between the parties with the written consent of the corporation. DIVISION IV GENERAL PROVISIONS Residence 94 For the purpose of this Part, the residence of a person shall be determined as of the date of any off-road vehicle accident, or incident arising out of the ownership, use or operation of an off-road vehicle, as a result of which damages are claimed. Rights of corporation to act for insured and to reimbursement 95 Where coverage is provided by this Part (a) the corporation is constituted and appointed irrevocably as attorney for the insured, to appear, and defend in any province of Canada any action that is brought against the insured arising out of the ownership, use or operation of an insured off-road vehicle; and (b) the insured shall reimburse the corporation, upon demand, the amount that the corporation had paid by reason of any statute relating to automobile insurance and which the corporation would not otherwise be liable to pay under this Part. Foreign financial responsibility requirements 96 When a statutory minimum limit greater than $500,000 is prescribed by the law of another province, a state or a territory for insurance in respect of (a) bodily injury to or the death of a person other than an insured; or (b) damage to or the loss of the property of a person other than an insured; the corporation's liability to pay a judgment rendered in that province, state or territory against an insured is limited to the amount of the statutory minimum limit. M.R. 44/2014 Other insurance 97 Where an insured named in an owner's certificate has, or places, any additional or other insurance, extending coverage in respect of claims arising out of bodily injuries, death, or the loss of, or damage to, the property, of another, arising out of the ownership, use, or operation of an insured vehicle, which, but for this section, would be within the limits of the liability of the corporation under this Part, the coverage provided by the other insurance is first loss insurance, and the coverage provided under this Part by the corporation is excess only, except where coverage under this Part is made subject to section 272 of The Insurance Act by order of the Lieutenant Governor in Council. Excess coverage 98 Where the Superintendent of Insurance, in the exercise of any general or special power conferred upon him or her by The Insurance Act , approves a policy of insurance that purports to limit the liability of another insurer to the portion of any loss that may be sustained outside the amount for which the corporation is liable under the Part, nothing in section 97 affects the validity of that policy; and where such a policy is in effect, the liability of the corporation under this Part shall be ascertained as if no other insurance were in effect. DIVISION I DEFINITIONS Definitions and interpretation 99 In this Part, "class 1 coverage" means a reduction of the deductible for off-road vehicles, collision or upset coverage, specified in Part III subsection 50(2), from $500 to $200; (« garantie de première classe ») "class 2 coverage" means a reduction of the deductible for off-road vehicles, comprehensive coverage, specified in Part III subsection 50(1), from $500 to $200; (« garantie de deuxième classe ») "class 3 coverage" means the extension of limits of liability of the corporation under Part IV or Part VII from $500,000 to $1,000,000 providing that under this Part (a) claims arising out of bodily injury or death shall have priority over claims arising out of the loss of or damage to property to the extent that $900,000 exceeds the amount by which the liability of an insured for damages is reduced under section 38 of the Act, and (b) claims arising out of the loss of or damage to property shall have priority over claims arising out of bodily injury or death to the extent that $100,000 exceeds the amount by which the liability of the insured for damages is reduced under section 38 of the Act; (« garantie de troisième classe ») "class 4 coverage" means the extension of limits of liability of the corporation under Part IV or Part VII from $500,000 to $2,000,000 providing that under this Part, (a) claims arising out of bodily injury or death shall have priority over claims arising out of the loss of or damage to property to the extent that $1,800,000 exceeds the amount by which the liability of an insured for damages is reduced under section 38 of the Act, and (b) claims arising out of the loss of or damage to property shall have priority over claims arising out of bodily injury or death to the extent that $200,000 exceeds the amount by which the liability of the insured for damages is reduced under section 38 of the Act; (« garantie de quatrième classe ») "class 5 coverage" means the extension of limits of liability of the corporation under Part IV or Part VII from $500,000 to $5,000,000 providing that under this Part, (a) claims arising out of bodily injury or death shall have priority over claims arising out of the loss of or damage to property to the extent that $4,500,000 exceeds the amount by which the liability of an insured for damages is reduced under section 38 of the Act, and (b) claims arising out of the loss of or damage to property shall have priority over claims arising out of bodily injury or death to the extent that $500,000 exceeds the amount by which the liability of the insured for damages is reduced under section 38 of the Act; (« garantie de cinquième classe ») "coverage" means extension insurance under this Part; (« garantie ») "deductible" means an amount for which and under which the corporation is not liable to an insured for loss of or damage to his or her insured off-road vehicle or such permanently attached equipment as is related to the primary use of that off-road vehicle; (« franchise ») "insured" means a Manitoba resident named in an owner's certificate who, under the Automobile Insurance Plan Regulation , has purchased extension insurance under this Part; (« assuré ») "insured vehicle" means an off-road vehicle which is designated in a valid and subsisting owner's certificate in which coverage under this Part is specified. (« véhicule assuré ») M.R. 31/2002 ; 32/2007 ; 44/2014 ; 39/2020 DIVISION II COVERAGE Classes of extension insurance 100 An owner's certificate in respect of an off-road vehicle may specify one class of extension insurance under this Part in any or all of the following categories: (a) Category A (i) Class 3 coverage, (ii) Class 4 coverage, or (iii) Class 5 coverage; (b) Category B — Class 1 coverage; (c) Category C — Class 2 coverage; and where in that owner's certificate a class of coverage is specified, the owner's certificate shall be prima face proof of extension insurance in the class or classes of coverage specified. Terms and conditions of Part IV and VII applicable to increased PL and PD limit 101 Where an owner's certificate specifies coverage under clause 100(a), the terms, exclusions and policy conditions contained in Part IV and Part VII apply, with such modifications as the circumstances require, unless under this Part, any such term, exclusion or policy condition is expressly abrogated. Terms and conditions of Part III applicable to reduced deductible extension 102 Where an owner's certificate specifies coverage under clause 100(b) or (c), or both, the terms, exclusions and policy conditions contained in Part III apply, with such modifications as the circumstances require, unless, under this Part, any such term, exclusion, or policy condition is expressly abrogated. Increased public liability and property damage 103 Where an owner's certificate specifies coverage under clause 100(a), the coverage under Part IV and Part VII is extended to include (a) Class 3 coverage, if specified; (b) Class 4 coverage, if specified; or (c) Class 5 coverage, if specified. Reduced deductible 104 Where an owner's certificate specifies coverage under clause 100(b) or (c), the coverage under Part III is extended to include either or both of the following classes (a) Class 1 coverage, if specified; or (b) Class 2 coverage, if specified. Meaning of expressions in applications and certificates 105 In an application for an owner's certificate and in an owner's certificate (a) "$200 deductible collision or upset" means Class 1 coverage; (b) "$200 deductible comprehensive" means Class 2 coverage; (c) "$1,000,000 third party liability" means Class 3 coverage; (d) "$2,000,000 third party liability" means Class 4 coverage; and (e) "$5,000,000 third party liability" means Class 5 coverage. Liability not to exceed $5,000,000 106 If any of the classes of coverage in clause 100(a) is designated in an owner's certificate in respect to an insured off-road vehicle, and any other coverage issued by the corporation in respect to that insured off-road vehicle, are in force concurrently, making the aggregate of the coverage for liability imposed by law in excess of $5,000,000, the excess coverage shall be void and all premiums paid for the excess coverage shall be refunded to the insured. PART VI UNDERINSURED MOTORIST COVERAGE — OFF-ROAD VEHICLES EXTENSION INSURANCE Definitions 107 In this Part, "coverage" means extension coverage under this Part; (« garantie ») "dependent relative" means (a) a person under the age of 18 years and who is dependent upon an insured, (b) a person of 18 years of age or over, who, by reason of mental or physical infirmity, is unable to provide himself or herself with the necessaries of life, and who is dependent upon an insured, (c) a person of 18 years of age or over, who is enrolled, and in full-time regular attendance, at a university, technical or professional training school, or other recognized institution of learning, and who is dependent upon an insured, (d) any relative of the named insured or of the spouse of the named insured residing in the same dwelling premises and who is dependent upon the named insured or the spouse of the named insured, (e) any other relative of the named insured or of the spouse of the named insured while an occupant of an insured off-road vehicle, provided that that person does not own an off-road vehicle in any jurisdiction of Canada where underinsured motorist coverage is available, or (f) any relative of the named insured or of the spouse of the named insured who resides in the same dwelling premises as the named insured and who does not own an off-road vehicle which is licenced in any jurisdiction in Canada where underinsured motorist coverage is available; (« parent à charge ») "eligible claimant" means (a) the insured sustaining bodily injury, or (b) any other person who in the jurisdiction in which the accident occurred is entitled to maintain an action against the underinsured motorist for damages because of the death of an insured; (« requérant admissible ») "insured" means (a) a Manitoba resident who is named in an owner's certificate issued in respect of an insured off-road vehicle and his or her spouse and any dependent relative while any such person is (i) an occupant of such insured off-road vehicle, (ii) an occupant of any other off-road vehicle which qualifies for underinsured motorist coverage, but excepting a person who owns such an off-road vehicle or leases it for a period in excess of 30 days, or (iii) not an occupant of an off-road vehicle, but is in collision with or struck down, or run over by an off-road vehicle, or (b) a partner or employee of a company, whether incorporated or unincorporated, which is named in an owner's certificate issued in respect of an insured off-road vehicle that is provided for his or her regular use and includes his or her spouse and any dependent relative in the circumstances referred to in subclauses (a)⁠(i), (ii), and (iii); (« assuré ») "insured off-road vehicle" means an off-road vehicle designated in a valid and subsisting owner's certificate in which extension coverage under this Part is specified; (« véhicule à caractère non routier assuré ») "spouse" means either of a man or a woman who (a) are married to each other, (b) are married to each other by a marriage that is voidable and has not been voided by a judgment of nullity, (c) have gone through a form of marriage with each other, in good faith, that is void and are cohabitating or have cohabitated within the preceding year, or (d) are not married to each other but have cohabited (i) continuously for a period of not less than two years, or (ii) in a relationship of some permanence where there is a child born of whom they are the natural parents, and have so cohabited within the preceding year; (« conjoint ») "underinsured motorist" means the identified owner or identified driver who, at the time of the off-road vehicle accident causing death or bodily injury to the insured, is legally liable for but unable to fully discharge the damages recoverable by the insured or the insured's personal representative either for bodily injury suffered by the insured in the accident or for the death of the insured resulting from the accident. (« automobiliste insuffisamment assuré ») M.R. 31/2002 Coverage 108 Subject to the Act and this regulation, under this Part the corporation shall indemnify each eligible claimant for the amount that such eligible claimant is legally entitled to recover from an underinsured motorist as compensatory damages in respect of bodily injury or death sustained by an insured in an off-road vehicle accident that occurs in Canada or the United States of America. Reduction of amount payable under this Part 109 The amount payable under this Part shall be reduced by the following: (a) any amount payable as indemnity under any policy, owner's certificate or plan of insurance affording legal liability coverage to the underinsured motorist; (b) any amount paid or payable under Part II or any other similar no fault accident benefits plan; (c) any amount of damages paid directly by the underinsured motorist; (d) any amount payable from a cash deposit or bond given in lieu of proof of financial responsibility by the underinsured motorist; (e) any amount to which the insured is entitled under The Worker's Compensation Act or a similar law of another jurisdiction in which the accident occurred. No payment under this Part 110 The corporation shall not pay insurance moneys under this Part (a) in respect of punitive, exemplary, aggravated or other damages, the reward of which is based in whole or in part on the conduct of the underinsured motorist or person jointly liable therewith, to the extent that the said damages are not for the purpose of compensating the eligible claimant for actually incurred losses; (b) any amount with respect to costs; (c) to reimburse or otherwise indemnify another insurer in respect of the amount paid or payable by that other insurer by reason of the existence of a policy of insurance within the meaning of The Insurance Act ; (d) to reimburse or otherwise indemnify the Worker's Compensation Board in respect of payments made by it, under The Workers Compensation Act or to reimburse or otherwise indemnify a similar board or compensating body in respect of payments made by it under any law applicable to an injured worker; (e) in respect of hospital or medical services paid for under The Health Services Insurance Act , or under any other law pursuant to which hospital or medical services are paid for under compulsory medical or hospital insurance legislation. M.R. 3/2025 Amount recoverable by claimant 111 The amount that an eligible claimant is legally entitled to recover shall be decided in accordance with the law of the province or state governing the policy, and issues of liability shall be decided in accordance with the law of the place where the accident occurred. No findings of a court with respect to issues of quantum or liability are binding on the corporation unless the corporation was provided with a reasonable opportunity to participate in those proceedings as a party. Total amount payable to claimants 112(1) Regardless of the number of persons who may claim as a result of one accident caused by an underinsured motorist, the amount payable under this Part shall be the amount by which the limit of underinsured motorist coverage exceeds the total of all limits of vehicle liability insurance, or bonds, or cash deposits, or other financial guarantees, as required by law in lieu of such insurance, of the underinsured motorist. 112(2) Where coverage under this Part applies as excess, the amount payable under this Part is the amount determined in accordance with subsection (1), less the amounts available to eligible claimants under any first loss insurance as referred to in sections 117 and 118. No liability of corporation 113 The corporation is not liable under this Part (a) in respect of any accident which occurs in any province or territory of Canada or state or district of the United States of America where the right to sue and recover damages for bodily injury or death caused by an off-road vehicle accident is barred by law; (b) to an eligible claimant who without written consent of the corporation makes directly or through a representative any settlement with or prosecutes to judgment any action against any person who may be legally liable to the eligible claimant for bodily injury or death for which coverage extends under this Part. Conditions of coverage 114 Any eligible claimant who intends to make an application for payment of an indemnity under this Part shall (a) give written notice of all relevant facts to the corporation within 90 days of the accident; (b) provide the corporation with copies of any statement or reports relating to the incident or accident out of which the bodily injury of death was sustained; (c) furnish the corporation with any other relevant information of which the eligible claimant is aware; and (d) set out the names and addresses of all persons against whom an eligible claimant may reasonably be considered as having a cause of action in respect of damages arising out of the bodily injury or death. Right of subrogation 115 The corporation, on making any payment pursuant to this Part, is subrogated to all rights of the eligible claimant to recover against any person the amount of the payment, and the corporation may bring action in the name of the eligible claimant to enforce such rights of recovery. Applicable provisions 116 The terms, conditions and limits set out in Parts IV, V and VII apply to this Part except where inconsistent with this Part. Excess insurance 117 Where an eligible claimant is entitled to underinsured motorist coverage under more than one insuring agreement, whether by way of an owner's certificate or a policy, insurance on the off-road vehicle of which the eligible claimant is an occupant is first loss insurance and insurance under any other insuring agreement is excess insurance. Coverage under multiple policies 118 Where more than one owner's certificate affords underinsured motorist coverage under this Part for one accident causing death or bodily injury to an eligible claimant, the eligible claimant shall be indemnified pursuant to only one owner's certificate affording coverage under this Part, that owner's certificate being the one issued for the highest limit of underinsured motorist coverage, but if more than one applicable owner's certificate has been issued for the same highest limit of underinsured motorist coverage, the corporation in its sole discretion shall determine the one owner's certificate that shall apply. DIVISION I DEFINITIONS Definitions 119 In this Part, "insurance moneys" means any payment the corporation is required to make under this Part; (« sommes assurées ») "insured" means a person who is named in a registration card and includes a person who operates an off-road vehicle designated in a registration card with the consent of the person named therein; (« assuré ») "insured vehicle" means an off-road vehicle designated in a registration card; (« véhicule assuré ») "registration card" means a valid and subsisting registration card issued under The Drivers and Vehicles Act to the owner of an off-road vehicle as evidence of the vehicle's registration, if it is issued in combination with an owner's certificate in respect of the vehicle. (« carte d'immatriculation ») M.R. 37/2006 DIVISION II COVERAGE Meaning of "motor vehicle" 120 For the purpose of establishing the plan of automobile insurance for off-road vehicles set out in this Part, an off-road vehicle is within the definition of motor vehicle in subsection 1(1) of the Act. Minimum compulsory liability coverage 120.1 For the purpose of subsection 77(1) of The Drivers and Vehicles Act , the owner of an off-road vehicle is required to have liability coverage of $500,000 under this Part in respect of the off-road vehicle at all times when it is required to be registered under that Act. M.R. 44/2014 Coverage 121 Subject to the Act and this regulation, coverage is hereby provided to an insured under this Part, for damages, in the amounts herein specified, for liability imposed by law in respect of bodily injuries to, or the death of, another person, or in respect of the loss of, or damage to, the property of another arising out of the ownership, use, or operation, of an insured vehicle by an insured, in Canada, in the United States of America, or upon a vessel plying between ports of Canada, between ports of the United States of America, or between a Canadian port and an American port. Where no coverage provided 122 The corporation shall not pay insurance moneys under this Part (a) in respect of liability imposed upon an insured by any worker's compensation law; (b) for the liability of any person who operates an off-road vehicle with the consent of the person designated in the registration card for the vehicle where the person, at the time of an accident arising out of which insurance moneys under this Part might be otherwise payable, is in possession of the off-road vehicle (i) in the course of the business, occupation or trade of automobile maintenance, repair, service, storage, or parking, or (ii) in the course of his or her business as an off-road vehicle dealer as defined in section 69 of The Drivers and Vehicles Act , unless that person is the employee or partner of the person who is named in the registration card; (c) for loss of, or damage to, property carried in or upon an insured vehicle, or any property owned or rented by, or in the care, custody, or control of, an insured to whom coverage is provided under this Part; (d) in respect of the liability of an insured for damages resulting from (i) bodily injury to, or the death of, any person, or (ii) the loss of, or damage to, the property of another, arising, directly or indirectly, out of a nuclear energy hazard; (e) in respect of the liability imposed by law upon the Government of Canada, or any agent, servant, or employee of the Government of Canada, for damages resulting from bodily injury to, or the death of, any person, or for loss of, or damage to, the property of another, arising out of the ownership, use or operation of an off-road vehicle owned by the Government of Canada; (f) for loss or damage resulting from bodily injury to, or the death of, any employee or partner of the insured while engaged in the operation or repair of the insured vehicle; (g) for loss or damage resulting from bodily injury to, or the death of, an insured; (h) in respect of the liability of an insured for damages resulting from bodily injury to, or the death of, any person, or the loss or destruction of the property of another, arising directly or indirectly from the ownership, use or operation of any machinery, equipment or apparatus, including its ancillary equipment, mounted on or attached to an off-road vehicle, in respect of which the insured is insured, while the attached machinery or equipment is at the site of the use or operation of that attached machinery or equipment; (i) in respect of the liability imposed by law for damages resulting from bodily injury to, or the death of, any person, or for the loss of or damage to the property of another arising out of the ownership, use, or operation of a tractor for which number plates are issued; or (j) for loss or damage resulting from bodily injury to or the death of any occupant of the insured vehicle who at the time was participating in a criminal joint venture. M.R. 37/2006 Limit of coverage 123 Where an insured is liable for damages under this Part in respect of any one accident, and that liability results (a) from bodily injury to, or the death of, one or more persons, or from the loss or destruction of property; or (b) from bodily injury to, or the death of, one or more persons and also from the loss or destruction of property; the total liability of the corporation, inclusive of any prejudgment interest or loss of opportunity to invest, under section 121, for the payment of insurance moneys under this Part, regardless of the number of claims or the number of persons who make claim under this Part, is limited to the amount of $500,000. M.R. 44/2014 Priorities 124 Where, in respect of any one accident, the corporation is liable for payment of insurance moneys under this Part, (a) claims arising out of bodily injury or death have priority over claims arising out of the loss or destruction of property to the amount of $450,000; and (b) claims arising out of the loss or destruction of property have priority over claims arising out of bodily injury or death, to the amount of $50,000. M.R. 44/2014 Duties of corporation 125(1) Where a claim for damages is made against an insured to whom coverage is provided under this Part, the corporation shall (a) upon receipt of notice of any such claim, assist the insured by causing investigations to be made in respect thereof, and by negotiating such settlement thereof as may be deemed expedient by the corporation; (b) without cost to the insured, defend in the name of, and on behalf of, the insured, any civil action, for damages brought against the insured in respect of injuries, death, or loss of, or damage to, the property of another; (c) pay all costs taxed against the insured in any civil action defended by the corporation, except the cost of an appeal taken by the insured without the consent of the corporation, and any interest accruing after entry of judgment, upon that part of the judgment that is within the limits of the liability of the corporation; and (d) reimburse the insured for outlay in respect of such medical aid as may have been immediately necessary for a person injured, by reason of an accident for which coverage is provided in this Part. Liability for costs 125(2) The corporation is liable in respect of costs and expenditures under subsection (1) only in the ratio in which its liability for the payment of a claim under this Part is proportionate to the total amount for which the insured is liable. Indemnity insurance 126 Coverage provided by this Part is indemnity insurance within the meaning of section 40 of the Act. DIVISION III CONDITIONS OF LIABILITY Conditions of coverage 127 Subject to section 22 of the Act, coverage under this Part is subject to the conditions set out in this Division. Giving of notice 128 Upon the happening of any event for which coverage is provided to an insured under this Part, the insured shall promptly notify the corporation of any other insurance of the same interest, whether valid or not, insuring against all or any part of the liability for which coverage is provided under this Part. Driving limitations 129 The insured shall not drive or operate, or permit, suffer, allow or connive at the use of, any off-road vehicle in respect of which coverage is provided under this Part (a) contrary to The Drivers and Vehicles Act , The Highway Traffic Act or The Off-Road Vehicles Act ; (a.1) while under the influence of intoxicating liquor or drugs to such an extent as to be, for the time being, incapable of the proper control of the off-road vehicle; (a.2) while in a condition for which they are convicted of an offence under subsection 320.14(1), (2) or (3) of the Criminal Code (Canada); (b) for any illicit or prohibited trade or transportation; (c) in any race or speed test; (d) when attached thereto is a trailer that, being required to be registered under The Drivers and Vehicles Act , is not so registered; (e) to escape or avoid arrest or other similar police action or in contravention of a signal from a peace officer requiring him or her to bring the vehicle to a stop; (f) with the intention of willfully or deliberately causing bodily injury, death or damage to property; or (g) where a driver's licence is required under The Off-Road Vehicles Act for the operation of the off-road vehicle, while he or she is not for the time being, qualified or authorized by law to drive the insured vehicle. M.R. 37/2006 ; 93/2023 Requirements where coverage might be asserted 130 Where coverage under this Part is or might be asserted, the insured shall (a) promptly provide the corporation with written notice containing all available particulars of any accident involving loss or damage to the persons or property of others, and of any claim made in respect of any such accident; (b) provide such affidavit or statutory declaration as the corporation may require in verification of the fact that the accident as a result of which coverage is claimed under this Part, arose out of the operation of an off-road vehicle designated in a registration card, by an insured; and (c) forward to the corporation every statement of claim, writ, letter, document, or advice relating to a claim against an insured for which coverage may be provided under this Part, immediately upon receipt thereof. M.R. 37/2006 Insured to co-operate etc. 131 The insured shall not voluntarily assume any liability or settle any claim except at his or her own cost, and the insured shall not interfere with the corporation in any negotiations for settlement or in any legal proceedings, but whenever requested by the corporation, the insured shall aid in securing information and evidence, as well as the attendance of any witness, and shall co-operate with the corporation, except in a pecuniary way, in the defence of any action or proceeding, or in the prosecution of any appeal, taken by the corporation on behalf of the insured. No waiver 132 Neither the corporation nor the insured shall be deemed to have waived any term or condition of this Part by any act relating to the appraisal or to the investigation or adjustment of any claim. Inspection 133 The corporation may, at all reasonable times, inspect any off-road vehicle designated in a registration card, as well as its equipment. M.R. 37/2006 Action against the corporation 134 Neither the insured nor any other person who, by virtue of section 40 of the Act, may be entitled to make claim against the corporation for coverage under this Part may bring an action against the corporation to recover insurance moneys until there has been full compliance with sections 130 and 131, and either (a) the amount of insurance moneys payable by the corporation has been determined by a court of competent jurisdiction following the conclusion of all judicial proceedings including appeals; or (b) all issues, including the issue of quantum of damages, have been settled by agreement between the parties with the written consent of the corporation. PART VIII COMPULSORY UNDERINSURED MOTORIST COVERAGE — OFF-ROAD VEHICLES Coverage 134.1 Subject to the Act and this regulation, under this Part the corporation shall indemnify each eligible claimant for the amount that he or she is legally entitled to recover from an underinsured motorist as compensatory damages in respect of bodily injury or death sustained by an insured person in an off-road vehicle accident that occurs in Canada or the United States. M.R. 32/2007 Total amount payable to claimants 134.2 Regardless of the number of persons who may claim as a result of one accident caused by an underinsured motorist, the amount payable under this Part shall be the amount by which $500,000 exceeds the total of all limits of vehicle liability insurance, or bonds, cash deposits or other financial guarantees, as required by law in lieu of such insurance, of the underinsured motorist. M.R. 32/2007 ; 44/2014 Terms and conditions of Part VI apply 134.3 The terms, exclusions and policy conditions contained in Part VI (Underinsured Motorist Coverage — Off-road Vehicles Extension Insurance) apply to this Part with such changes as the circumstances require, unless, under this Part, the term exclusion or policy condition is expressly abrogated. M.R. 32/2007 Coming into force 135 This regulation comes into force on October 23, 2000. SCHEDULE A (Sections 21 and 22) IMPAIRMENT BENEFITS Impairment