Nova Scotia Premier Tim Houston labelled the death of a baby following an ATV crash in Lunenburg Co. a “heartbreaking situation” on Thursday. Despite the condolences, Houston sidestepped any immediate talk of strengthening laws regarding children and off-road vehicles.
“Those are all discussions we can have but right now we’re just focused on the grief that’s being experienced,” he said to reporters following a cabinet meeting on Thursday.
“The grief that we, the family, and certainly the friends and all of Nova Scotians feel over this, it’s just a heartbreaking tragedy.”
A baby died, and two adults suffered serious injuries, following an ATV crash in the community of Forties, N.S., on Monday evening.
Nova Scotia’s Off-highways Vehicles Act (OHV) currently does not enforce a minimum age requirement for passengers riding on ATVs.
Nova Scotia RCMP spokesperson Cpl. Guillaume Tremblay said investigators now believe alcohol to be a factor in the crash.
“We will certainly be examining any charges that will be suitable,” he said during an interview on Wednesday, adding that an investigation into the incident is ongoing.
Police believe a Polaris Rzr was travelling on a logging road before the vehicle rolled and landed on its roof. A fourth individual, a child from Forties, was also taken to the hospital after sustaining minor injuries.
“What’s important to remember is that anyone who’s riding on or in an ATV or side-by-side is required to wear a helmet by law under the Off-highways Vehicles Act,” Tremblay said on Wednesday.
Barry Barnet, the executive director for ATV Association of Nova Scotia (ATVANS), said he isn’t aware of any helmet that would fit an infant.
“I don’t think any manufacturer makes such a thing,” he said, adding that he’s never seen an infant riding as a passenger on an ATV. “I have seen toddlers a long, long time ago. That was in a remote area of Nova Scotia before I worked for ATVANS. I did come across a group of very small children riding a single ATV, but it is rare.”
‘Extreme safe guidelines’
Kim Masland, the province’s minister of public works, said “extreme safe guidelines” are already included in Nova Scotia’s Off-highway Vehicles act. She said work continues to ensure people adhere to the existing policies.
“This is a very, very tragic accident. I can’t imagine, as a mother, losing a child,” she said to reporters on Thursday. “It’s very difficult to talk about, but certainly we do have strong regulations and enforcement.”
Masland then reflected on her personal experience using off-road vehicles while growing up.
“OHVs have been around for a long time. I can remember growing up on an OHV, driving up the road … probably wasn’t allowed to do it, but we did it,” she said. “So, I think the OHV act gives some guidelines and some policy for people to adhere to.”
IWK report, recommendation
In a report from IWK Health’s Child Safety Link in May 2022, the organization took the position that no child under the age of 16 should operate or be a passenger on an all-terrain vehicle.
“IWK Health has significant concerns regarding the use of ATVs by children and youth due to the high risk of serious injury and death,” read a statement from the report, adding that ATV-related injuries are overrepresented in children aged 15 years or younger.
“These safety concerns do not apply solely to the ATV operator, child and youth ATV passengers can also be seriously injured or killed, even with an experienced adult operating the vehicle.”
The report said that 25 per cent of all ATV-related deaths involve children and youth aged 15 years or younger.
In Atlantic Canada, the rate of ATV-related hospitalizations for children under the age of 14 increased by nearly two per cent annually between 2004 and 2013. Between Jan. 2018 and March 2020, 36 children aged 16 and younger were presented at the IWK with ATV-related injuries in Nova Scotia, with 17 being admitted to the hospital.
“The rate of ATV-related hospitalizations in Nova Scotia for children and youth aged 0–14 is 7.7 per 100,000,” the report said, adding that Nova Scotia ranks the second highest in Atlantic Canada — a region that already surpasses the national average by 2.8.
As a result, IWK Health provided both provincial and federal governments with several legislative recommendations aimed at strengthening ATV safety — including banning children under the age of 12 from riding on ATVs as a passenger.
“As ATV use continues to rise, we can only expect to see an increased number of injuries and deaths if legislative changes are not made,” the report concluded.
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