In force: 2020-12-30
144. No legal action founded on neighbourhood annoyances or any other injury relating to noise, odours or other contaminants may be brought for facts occurring between 16 December 2001 and 31 December 2020 if the alleged injury is due to the use of a vehicle to which this Act applies when the vehicle is operated in places authorized under this Act and the regulations.
Legal action may be brought against the operator or owner of an off-highway vehicle, however, if the cause of the injury is the contravention of a provision of this Act or a regulation under this Act or if the injury results from the commission of an intentional or gross fault by the operator or owner in operating the vehicle.
From 29 November 2006, the first paragraph applies only to events occurring as of that date on the trails that form part of the interregional network established by order of the Minister published in the Gazette officielle du Québec. Any order altering the network must be made after consulting with the interested regional county municipalities and, if it is interested, any responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1).
For the purposes of the third paragraph, a local municipality whose territory is not included in that of a regional county municipality is considered a regional county municipality. The same holds for a responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire as regards the territory or community it represents.