Ontario: a Friendly Place for Self-Driving Car Companies

Ontario is a friendly jurisdiction for self-driving companies looking to test and establish development and training centres in the province. 

Ontario’s rules were changed in January/2019 in order to allow for level 3 vehicles to eventually, when approved, to be used in Ontario (without a human driver).

Ontario universities, such as U of T and also Waterloo, are among those at the forefront of developing this technology.

Ontario Law

Passed on January 1, 2016 is O. Reg. 306/15: PILOT PROJECT - AUTOMATED VEHICLES under Highway Traffic Act, R.S.O. 1990, c. H.8  which sets out a preliminary framework to automated self-driving vehicles.

$5M or $8M Minimum Policy Limits

On the issue of insurance, section 2.2 requires these vehicles to have at least $5M in insurance policy limits.  If a larger vehicle (i.e. a bus) which can carry 8 or more people is being operated, then that vehicle requires a minimum $8M insurance policy.  Goodness, I hope no buses are being tested – smaller, lighter cars that can cause less damage, only, please.

Records Must be Retained

In a prudent move, Ontario is requiring all self-driving companies to maintain their records for at least 3 years after Regulation 306/15 is revoked – section 16.  This Regulation (section 18) will automatically be revoked as of January 1, 2029, so these records should be preserved until January 1, 2032, at the very least.

In addition, self-driving companies will have to file some basic particulars of any accident they are involved in, with the Ontario government – section 15.

Opportunity: If Accident Involves a Self-Driving Car

So if anyone is involved in an accident with a self-driving car in Ontario, then immediately make a request/demand that the self-driving company retain their records about the vehicle involved in your accident, as well as the accident particulars.  Then, in your lawsuit, you should be able to obtain access to this information.

Gregory Chang

Toronto Insurance Lawyer