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Off-highway Vehicles General Regulations

made under Section 25 of the

Off-highway Vehicles Act

R.S.N.S. 1989, c. 323

O.I.C. 88-66 (January 21, 1988), N.S. Reg. 13/88

as amended up to O.I.C. 2007-199 (April 4, 2007), N.S. Reg. 208/2007


[Citation]

1     These regulations may be cited as the Off-highway Vehicles General Regulations.

Section 1 added: O.I.C. 2006-158, N.S. Reg. 42/2006.


Definitions for Act and its regulations

1A  (1)    In the Act and its regulations,

 

                (a)    “highway” means [a] highway as defined in the Motor Vehicle Act, except that it does not include any of the following:

 

                         (i)     private property that is designed to be or is accessible to the public for use of OHVs,

 

                         (ii)    a forest access road under the administration and control of the Minister of Natural Resources, or

 

                         (iii)   a road classified by the Minister of Transportation and Infrastructure Renewal as a K-class road under the administration and control of the Department of Transportation and Public Works;

[Note: the reference to the Department has been updated in accordance with Order in Council 2007-553 under the Public Service Act, R.S.N.S. 1989, c. 376, effective October 23, 2007.]

 

                (b)    “written permission” of an owner or occupier includes any of the following:

 

                         (i)     a sign posted by or on behalf of the owner or occupier on the real property to which the permission applies,

 

                         (ii)    a letter, map or other document signed by the owner or occupier indicating the real property to which the permission applies,

 

                         (iii)   a document granting general permission to use real property that has been signed by the owner or occupier of the property.

 

       (2)    In these regulations, “established trail” means a route or path in existence before April 1, 2006, that has, through traditional use, become a trail for use by OHVs, and permission to use that route or path has not been withdrawn.

Section 1A added: O.I.C. 2006-535, N.S. Reg. 225/2006; replaced: O.I.C. 2007-153, N.S. Reg. 187/2007.

[Note: O.I.C. 2007-199, N.S. Reg. 208/2007 makes an amendment that was previously included in the replacement of Section 1A by O.I.C. 2007-153, N.S. Reg. 187/2007.]


Form of application

1B   (1)    Every owner of an off-highway vehicle intended for operation shall apply to the Department for a certificate of registration in the prescribed form.


Content of application

       (2)    Every application for a certificate of registration shall contain a full description of the off-highway vehicle to be registered, including the name of the maker, the make, model, year and full vehicle identification number of the vehicle, the registration identification number of the vehicle, the full name and address of the owner, together with the day, month and year of birth of the owner and such other information as may be required by the Department and the applicant shall sign a certificate certifying the information to be true.


Fee upon application

       (3)    Each application for a certificate of registration shall be accompanied by a fee as prescribed by the approved schedule of fees.


Exceptions

       (4)    This Section does not apply to

 

                (a)    dealers in off-highway vehicles who are keeping off-highway vehicles for service testing or for demonstration purposes for sale or resale;                     

 

                (b)    persons who are registered Indians under the Indian Act (Canada) and who operate off-highway vehicles solely on reserves as defined in the Indian Act (Canada).

Subsection 1A(4) replaced: O.I.C. 2006-158, N.S. Reg. 42/2006.

Section 1 renumbered 1A: O.I.C. 2006-158, N.S. Reg. 42/2006; Section 1A re-lettered 1B: O.I.C. 2006-523, N.S. Reg. 225/2006.


Dealer plate

2     (1)    Every dealer in off-highway vehicles who is keeping off-highway vehicles for service testing or demonstration purposes for sale or resale shall apply to the Department for a dealer's plate and such application shall be in the prescribed form.

 

       (2)    Every application for a dealer's licence shall contain

 

                (a)    the firm name under which the applicant dealer transacts business and whether or not the applicant dealer is carrying on business as a sole proprietorship, a partnership or a body corporate.

 

                (b)    the address of the principal place of business of the applicant dealer;

 

                (c)    the address or addresses of all other established places of business of the applicant dealer;

 

                (d)    the names and home addresses of the sole proprietor, partners or corporate officers of the firm by which the applicant dealer is doing business;

 

                (e)    the make of manufacture of the new off-highway vehicles being distributed or sold by the applicant dealer; and

 

                (f)    such other information as the Department may require.


Licence fee

       (3)    Every application for a dealer's licence shall be accompanied by a fee as approved in the current schedule of fees.

 

       (4)    Upon receipt of the required fee and subject to the provisions of this Act, the Department may issue to the applicant a dealer's licence.

 

       (5)    Subject to the provisions of this Act, the Department may issue to the applicant dealer a dealer's plate in the prescribed form. The fee for this dealer's plate shall be the fee as approved in the current schedule of fees.

 

       (6)    Every dealer who has been assigned a dealer's plate shall affix such plate to every unregistered off-highway vehicle being service tested or demonstrated for sale or resale and upon such plate being affixed to an off-highway vehicle shall be deemed to be registered for the purpose of this Act for the registration year for dealers.


Dealer's records

       (7)    Every dealer in off-highway vehicles who has been granted a dealer plate shall maintain at all times at his principal place of business a record and a description of every off-highway vehicle he is keeping for sale or resale and shall also keep a record of the name and address of the purchaser of every off-highway vehicle sold.

 

       (8)    The records kept by a dealer pursuant to subsection (7) shall be made available to and open to inspection by a peace officer upon demand.

 

       (9)    Every dealer who violates subsection (7) or (8) shall be guilty of an offence.

 

       (10)  If a dealer does not comply with a provision of subsection (7) or (8) or regulations made under it, the Registrar may suspend for a period of three months the dealer plate, and no off-highway vehicle kept by a dealer whose plate has been suspended shall be deemed to be registered for the purposes of this Act during the period of suspension.


Registration year

       (11)  The registration year for dealers shall begin on the first day of January of each year and shall expire annually on the thirty-first day of December.


Renewal fee

       (12)  Each application for a dealer's licence shall be renewed annually upon application by the dealer and each such application shall be accompanied by a fee as approved in the current schedule of fees.


Form of certificate of registration

3     (1)    Subject to the provisions of this Act, the Department may issue to the applicant a certificate of registration and such certificate of registration may be in the prescribed form.


Content of certificate of registration

       (2)    A certificate of registration issued by the Department shall contain the full vehicle identification number and the name and address of the owner of the off-highway vehicle and such other information as may be required by the Department.

 

       (3)    The Department shall issue a registration permit in the prescribed form and containing such information as determined to be necessary by the Department.


Interim registration permit

       (4)    The Department may issue an interim permit in the prescribed form and containing such information as determined to be necessary by the Department upon the same terms and conditions as a registration permit which shall be valid until a registration is issued pursuant to subsection (3).


Registration year

       (5)    Every off-highway vehicle registration issued under this Act shall expire on the date specified on the registration permit.


Annual renewal

       (6)    Each registration permit shall be renewed annually upon application by the owner of the off-highway vehicle and each such application shall be accompanied by a fee as approved in the current schedule of fees.


Transfer of ownership

4     (1)    An owner of an off-highway vehicle who has registered the vehicle pursuant to this Act and regulations and who desires to transfer ownership by way of sale or other means shall complete a certificate of registration.


Duty of transferee

       (2)    A person to whom an off-highway vehicle is transferred pursuant to subsection (1) shall, if he intends to operate or permit the operation of such vehicle, complete a new application for registration form.


Content of application for registration by transferee

       (3)    The application for registration referred to in subsection (2) shall be treated by the Department as an original application for a certificate of registration and shall contain, in addition to all the information listed in [sub]section 1(2) of these regulations, the name, address and day, month and year of birth of the previous owner and the off-highway vehicle registration identification number registered to the previous owner and shall be subject to all the terms and conditions in this Act and regulations applicable to an original application for a certificate of registration.


Fees payable by transferee

       (4)    Every such application for a new certificate of registration in respect of a transfer of ownership of an off-highway vehicle shall be accompanied by a fee as approved in the current schedule of fees.

 

       (5)    The onus of proof that an application for a certificate of registration has been made shall at all times be on the applicant.


Refusal of certificate

5     (1)    If the Department determines that an applicant for a certificate of registration of an off-highway vehicle is not entitled thereto, the Department may refuse to issue the certificate or to register the vehicle, and in that event unless the Registrar reverses that decision or his decision is reversed by the Minister, the applicant shall have no further right to apply for a certificate of registration on the statements in the application. The Registrar may for a like reason after notice and hearing cancel registration already acquired or revoke any outstanding certificate or registration. The notice shall be served in person or by certified mail.


Appeal from decision of registrar

       (2)    An appeal shall lie from any refusal of the Registrar to issue a certificate of registration or from any revocation of an outstanding certificate of registration to the Minister, whose decision shall be final.


Offence to make false statement

       (3)    Every person who makes a false statement in any application shall be guilty of an offence.


Suspension of certificate of registration

       (4)    If a person does not conform to or comply with the Off-Highway Vehicle Act or regulations made pursuant to this Act, the Registrar may suspend the certificate of registration, the registration identification number and the permit issued to that person.


Registration identification number

6     (1)    The Department shall issue a registration identification number to a person who has been issued a permit and such registration identification number shall be in the prescribed form.


How means of registration identification number attached

       (2)    The registered owner of the off-highway vehicle shall attach the registration identification number in such place as the Registrar may direct.


Duplicate certificates or registration identification number or permit

7     (1)    The Department may, upon being satisfied that any certificate of registration or the registration identification number or the permit has been lost, destroyed, mutilated or rendered illegible and after the application has been made by the person entitled thereto upon the form prescribed, issue a duplicate or replacement certificate of registration, registration identification number or permit.


Fee for duplicates

       (2)    Every application for a duplicate or replacement certificate of registration, registration identification number or permit shall be accompanied by a fee as approved in the current schedule of fees.


New vehicle identification number

8     (1)    When an off-highway vehicle has been altered or rebuilt and its vehicle identification number has been removed or when no such number can be found on an off-highway vehicle, the Department may authorize that the original number be replaced or reproduced or may assign a special number for the off-highway vehicle.

 

       (2)    When the Department assigns a special number to an off-highway vehicle, the owner of the off-highway vehicle shall pay the Department a fee as approved by the current schedule of fees and shall stamp the number on the off-highway vehicle as directed by the Department. This special number shall become the vehicle identification number of the off-highway vehicle.


Offence to alter or deface vehicle identification number

9     Except as provided in Section 8, any person who defaces, destroys or alters the vehicle identification number of an off-highway vehicle or places or stamps a vehicle identification number upon an off-highway vehicle shall be guilty of an offence.


Fees for search of title

10   Every application for a search of registration records shall be in the prescribed form and shall be accompanied by a fee as approved by the current schedule of fees per off-highway vehicle searched.


Safety helmet standards

11   (1)    The minimum standards for off-highway vehicle safety helmets shall be those contained in any of the following standards which by this reference are made a part hereof:

 

CSA Standard D230-1970

British Standards Institution Standard 1869 (1960)

British Standards Institution Standard 2001 (1956)

Standards for Protective Headgear - 1970, Snell Memorial Foundation

(Order in Council 71-1265, December 21, 1971)

"United States of America Federal Motor Vehicle Safety Standard 218"

(Order in Council 79-1578, December 4, 1979)

 

12   The forms to be used pursuant to the Act and these regulations are those set out in Appendix "A", or forms to like effect to suit the circumstances.


Controlled access highways

13   No person shall operate or drive an off-highway vehicle upon or across a highway designated as a controlled access highway pursuant to the Public Highways Act.

Section 13 added: O.I.C. 88-952, N.S. Reg. 191/88.


Exemptions

14   (1)    Subsection 4(1) of the Act and the registration requirements of these regulations do not apply to a person who operates an off-highway vehicle only on

 

                (a)    land owned or occupied by that person; or

 

                (b)    land owned or occupied by a person who is

 

                         (i)     related by blood or marriage to that person,

 

                         (ii)    in a common law relationship with that person, or

 

                         (iii)   a registered domestic partner of that person under the Vital Statistics Act.

 

       (2)    All persons are exempt from the application of Section 12E of the Act.

Section 14 added: O.I.C. 88-952, N.S. Reg. 191/88; replaced: O.I.C. 2006-158, N.S. Reg. 42/2006.


Recognized clubs and associations

15   (1)    The Minister may recognize a club or association for the purpose of Section 14 of the Act and must keep a current list of recognized clubs and associations.

 

       (2)    The Minister may revoke the recognition of a club or association for any reason the Minister considers appropriate.

 

       (3)    A recognition or a revocation of recognition must be in the form of a letter to the club or association.

Section 15 added: O.I.C. 2006-535, N.S. Reg. 225/2006.


No compensation for revoking recognition

15AA person is not entitled to compensation, financial or otherwise, for any losses that result directly or indirectly from the revocation of the recognition of a club or association.

Section 15A added: O.I.C. 2006-535, N.S. Reg. 225/2006.


[Deemed permission to use established trail]

16   (1)    Despite Section 14 of the Act, permission to operate an OHV on private land that is part of an established trail is deemed to have been given unless the landowner erects a sign prohibiting the use of OHVs on their land.

 

       (2)    Subsection (1) does not apply to permit any use that is, or would have been at the time the trail was established, prohibited under Sections 12A, 12B, 12C or 12F of the Act.

Section 16 added: O.I.C. 2007-153, N.S. Reg. 187/2007.


Appendix “A”

 

[Note:         The forms contained in Appendix “A” are not available in this format. Contact the Registry of Regulations for more information or to obtain a copy.]