Off-highway Vehicles Act (amended)

BILL NO. 275

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Government Bill

Off-highway Vehicles Act
(amended)

The Honourable Richard Hurlburt
Minister of Natural Resources

First Reading: November 1, 2005

(Explanatory Notes)

Second Reading: November 3, 2005

Third Reading: December 8, 2005 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the Off-highway Vehicles Act to restrict the operation of off-highway vehicles by persons younger than sixteen years of age.

Clause 2 requires operators sixteen and over to take safety training unless exempted by the regulations. Clause 3 requires that permission from owners of occupiers of land for off-highway vehicle operators to go on their land must be in writing. Clause 4 establishes the Off-highway Vehicle Infrastructure Fund. Clause 5 adds regulation-making powers. Clause 6 establishes an amnesty period for failing to register or obtain a permit for the operation of an off-highway vehicle. Clause 7 provides that this Act comes into force January 1, 2006, or earlier by proclamation.

An Act to Amend Chapter 323
of the Revised Statutes, 1989,
the Off-highway Vehicles Act

Be it enacted by the Governor and Assembly as follows: 1 (1) Subsection 11(1) of Chapter 323 of the Revised Statutes, 1989, the Off-highway Vehicles Act, is amended by

(a) striking out "and (3)" in the first and second lines and substituting "to (4)"; and

(b) striking out "fourteen" in the second and in the sixth lines and substituting in each case "sixteen".

(2) Subsections 11(2) and (3) of Chapter 323 are repealed and the following subsections substituted:

(2) An off-highway vehicle may be operated by a person under the age of sixteen years and not under the age of fourteen years if

(a) that person is under the direct supervision of that person's parent or guardian and within the sight of that parent or guardian; and

(b) both the parent or guardian referred to in clause (a) and the person who is under the age of sixteen years have successfully completed off-highway vehicle safety training prescribed by the regulations.

(3) An off-highway vehicle may be operated on private property by a person under the age of fourteen years if

(a) that person is under the direct supervision of that person's parent or guardian and within the sight of that parent or guardian;

(b) both the parent or guardian referred to in clause (a) and the person who is under the age of fourteen years have successfully completed off-highway vehicle safety training prescribed by the regulations; and

(c) the off-highway vehicle does not have an engine size in excess of that recommended by the manufacturer for an operator of the age and weight of the person under the age of fourteen years and, in any event, has an engine size of less than one hundred cubic centimetres.

(4) An off-highway vehicle may be operated by a person who is under the age of sixteen years if the off-highway vehicle is being operated on a closed course in accordance with the regulations under the auspices of an organization accredited by the regulations.

(5) A person who is an owner of an off-highway vehicle or who has control of an off-highway vehicle and who permits a person under the age of sixteen years to operate that vehicle in contravention of this Section is guilty of an offence and is liable on summary conviction to a penalty of not less than two hundred and fifty dollars or more than one thousand dollars.

2 Chapter 323 is further amended by adding immediately after Section 11 the following Section:

11A (1) No person who is of the age of sixteen years or more shall operate an off-highway vehicle unless that person has successfully completed off-highway vehicle safety training prescribed by the regulations or is exempted by the regulations.

(2) A person who operates an off-highway vehicle in contravention of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty of not less than two hundred and fifty dollars or more than one thousand dollars.

3 (1) Subsection 14(1) of Chapter 323 is amended by adding "written" immediately after "the" in the fifth line.

(2) Section 14 of Chapter 323 is further amended by adding immediately after subsection (2) the following subsection:

(3) Written permission for the purpose of subsection (1) may be given individually or through a recognized club or association.

4 Chapter 323 is further amended by adding immediately after Section 17 the following Section:

17A (1) There is hereby established a fund to be known as the Off-highway Vehicle Infrastructure Fund.

(2) The Fund consists of

(a) money acquired by agreement, gift, donation, bequest or contribution;

(b) income accruing to the Fund; and

(3) The Minister may expend, in accordance with the Provincial Finance Act, money from the Fund for

(a) trail development and maintenance;

(b) funding of off-highway vehicle user organizations;

(d) education and training for operators of off-highway vehicles;(e) any other purpose related to off-highway vehicles.

5 Subsection 25(1) of Chapter 323 is amended by adding immediately after clause (c) the following clauses:

(ca) prescribing off-highway vehicle safety training for the purpose of subsection 11(2);

(cb) prescribing off-highway vehicle safety training for the purpose of subsection 11(3);

(cc) respecting the operation of off-highway vehicles on a closed course by persons under the age of sixteen years;

(cd) respecting the accreditation of organizations for the purpose of subsection 11(4);

(ce) exempting persons or classes of persons sixteen years of age or more from the application of Section 11A;

(cf) prescribing off-highway vehicle safety training for the purpose of Section 11A;

(cg) adopting by reference standards for off-highway vehicle safety training;

(ch) respecting the recognition of clubs or associations for the purpose of Section 14;

(ci) respecting the Off-highway Vehicle Infrastructure Fund;

6 (1) Notwithstanding the Off-highway Vehicles Act and regulations made pursuant to that Act, during the period from October 12, 2005, to March 31, 2006, inclusive, no person shall be charged for failing to register or obtain a permit for the operation of an off-highway vehicle, or to display or produce evidence thereof, before April 1, 2006.

(2) In this Section, words have the same meaning as in the Off-highway Vehicles Act and regulations made pursuant to that Act.

7 This Act has effect on and after January 1, 2006, or such earlier day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2005 Crown in right of Nova Scotia. Created December 9, 2005. Send comments to legc.office@novascotia.ca.

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