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Off-highway Vehicles Vulnerable Areas Licensing Regulations
made under Section 25 of the
Off-highway Vehicles Act
R.S.N.S. 1989, c. 323
O.I.C. 2006-162 (March 30, 2006, effective April 1, 2006), N.S. Reg. 47/2006
Citation
1 These regulations may be cited as the Off-highway Vehicles Vulnerable Areas Licensing Regulations.
Definitions
2 (1) In these regulations,
(a) “Act” means the Off-highway Vehicles Act;
(b) “licence” means a valid licence issued under subsection 12A(4) of the Act by
(i) the Minister of Natural Resources, for the operation of an OHV in or on a coastal barren, highland barren or sand dune, or
(ii) the Minister of Environment, for the operation of an OHV in a sensitive area;
(c) “OHV” means an off-highway vehicle as defined in the Act.
(2) In the Act and these regulations,
(a) “coastal barren” means an area of land that is or has been exposed to rigorous climatic coastal conditions and that
(i) is naturally devoid of trees or has only stunted trees,
(ii) contains both dry or poorly drained sites,
(iii) has bedrock, shallow soils or organic soils, and
(iv) is dominated by low shrubs and lichens, including crowberry and reindeer lichen;
(b) “highland barren” means an area of land that is or has been exposed to rigorous climatic altitude conditions and that
(i) is naturally devoid of trees or has only stunted trees,
(ii) contains both dry or poorly drained sites,
(iii) has bedrock, shallow soils or organic soils, and
(iv) is dominated by low shrubs and lichens, including crowberry and reindeer lichen and erricaceous shrubs;
(c) “sand dune” means a formation of sand deposited either by wind or by wave that lies generally parallel to and landward of the beach.
(3) In the Act, “wetland, swamp or marsh” means a wetland as defined in the Environmental Assessment Regulations made under the Environment Act.
Licence application
3 (1) A person seeking a licence to operate an OHV in or on a coastal barren, a highland barren or a sand dune must submit an application to the Minister of Natural Resources on a form supplied by the Department of Natural Resources.
(2) A person seeking a licence to operate an OHV in a sensitive area must submit an application to the Minister of Environment on a form supplied by the Department of Environment.
(3) An application for a licence must contain all of the following information:
(a) the applicant’s full name, date of birth and address;
(b) the reason the licence is required, in accordance with subsection 12A(4) of the Act;
(c) the specific routes on which the applicant intends to use the OHV;
(d) any information that the Minister may require in addition to that required by clauses (a) to (c).
Licence does not confer future right
4 The issuance of a licence to a person does not imply or confer any future right or privilege for that person to be issued a licence of the same type or any other type.
Term of licence
5 The term of a licence is 1 year from its issue date, unless otherwise specified in the licence.
Renewing, amending or cancelling licence
6 (1) A person who wishes to renew a licence must apply to the Minister who issued the licence, and each renewal application must include all of the information required by subsection 3(3).
(2) A person who wishes to amend or cancel a licence must make a request in writing to the Minister who issued the licence.
Assignment and transfer
7 A licence is not assignable or transferable.
Carrying and producing licence
8 A licence holder must carry their licence or a certified copy of it at all times while engaged in any activity to which it relates, and must produce it on demand of a peace officer.
Suspending or terminating licence
9 The Minister who issued a licence may suspend or terminate the licence if that Minister believes that
(a) the licence holder has breached a term or condition of the licence; or
(b) the suspension or termination is necessary or advisable for the protection of the environment.
Exemption
10 A person who operates an OHV on that person’s private land in or on a coastal barren or a highland barren is exempt from the prohibition in clause 12A(1)(d) of the Act and the requirement to obtain a licence in clause 12A(2)(e) of the Act.
[Note: all references to the Minister or Department of Environment and Labour have been updated in accordance with Order in Council 2008-161 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2008.]