The Ontario Ministry of Transportation has been trialing a pilot program since 2016, the Automated Vehicle Pilot Program. Within the rules of this program, it is mandated that there must always be a driver seated in the driver’s seat, ready and present in the event they need to take over in self-driving vehicles and AI-assisted driving technology in Ontario.

Further to this, encoded in the Highway Traffic Act (HTA) is Ontario Regulation 306/15 which speaks to the rules of the road, concerning this pilot program and liability following a self-driving car accident. Section 1 (3) of this Regulation notes that a person seated in the driver’s seat of an automated vehicle is considered to be the driver of that vehicle, regardless of the automated driving system or AI technology being engaged.

Section 2.1 (1) of the Regulation discusses the apportionment of liability, which coincides with the current rules of the road under the HTA and applies to AI-related motor vehicle accidents. Although this Act may not directly apply to self-driving vehicles who aren’t participating in the Pilot Program, this Regulation seems to be foreshadowing how Ontario will approach future AI car accident claims.  

Furthermore, to ensure there is sufficient insurance coverage, it is a requirement that all vehicles driving under this program must also have at minimum:

• $5 million in liability coverage; or
• $8 million for vehicles with a seating capacity of eight or more passengers

What is important to take away from this Regulation is that when a self-driving vehicle crashes, currently, the same rules of the road apply to autonomous and AI-assisted vehicles. The same duty of care and principles of negligence will apply when assessing fault and determining liability in AI and self-driving car accidents. Ontario’s HTA is still the governing legislation, and as such, the current rules prevail.