Seatbelts for BusinessIn law, a corporation is legally deemed a "person" that is capable of entering into contracts, of suing, of being sued, of being fined, among other things.

The Highway Traffic Act, R.S.O.  1990, c.  H.8 is absent a definition of the word, "person".

As per s.  106(3) and s.  106(4) of the Highway Traffic Act:

(3) Every person who is at least 16 years old and is a passenger in a motor vehicle on a highway shall,

(a) occupy a seating position for which a seat belt assembly has been provided; and
(b) wear the complete seat belt assembly as required by subsection (5).

(4) No person shall drive on a highway a motor vehicle in which there is a passenger who is under 16 years old unless,

(a) that passenger,

(i) occupies a seating position for which a seat belt assembly has been provided, and
(ii) is wearing the complete seat belt assembly as required by subsection (5); or

(b) that passenger is required by the regulations to be secured by a child seating system or child restraint system, and is so secured.

Accordingly, when the Articles of Incorporation documents for a corporation travel in an automobile:

  • If the corporation is more than 16 years-old, the corporation must buckle itself into a seatbelt; or

  • If the corporation is less than 16 years-old, the driver must ensure that the corporation is buckled into a seatbelt.

Note: The above is a satirist, for entertainment purposes only, interpretation!  It is presumed highly unlikely that any law enforcement officer would ever view the physical embodiment of a corporate person, being the incorporation documents, as the form of person intended for interpretation as a "person" for the purposes of applying mandates found within the Highway Traffic Act.

JANE DEAN
PARALEGAL

SSL Secured Trust https://janedeanparalegal.ca