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Off-highway Vehicles Designated Trails and Trail Permits Regulations

made under Section 25 of the

Off-highway Vehicles Act

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

O.I.C. 2006-534 (effective December 8, 2006), N.S. Reg. 224/2006

amended to O.I.C. 2018-253 (effective September 24, 2018), N.S. Reg. 169/2018


Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Citation

Definitions

Designated trails

Portion of public highway designated as trail

Recognized club or association requesting designation of public highway

Revocation of landowner’s written permission

No compensation for revoking trail designation

Signs for designated trails

Minister may close designated trail

No compensation for closing designated trail

No unauthorized OHVs on closed trail

Designated trail symbol

Trail permit

Deemed trail permit for operation on designated trail on public highway

Revocation of trail permit

No compensation for revoking trail permit

Classes of persons exempt from trail permit

Exemption from written permission until December 31, 2007

Operation of OHV on portion of public highway

 


 

Citation

1        These regulations may be cited as the Off-highway Vehicles Designated Trails and Trail Permits Regulations.


Definitions

2        In these regulations,

 

“Act” means the Off-highway Vehicles Act;

 

“designated trail” means a trail or any part of a trail on public or private land designated by the Minister under subsection 12D(1) of the Act;

 

“landowner” means an owner or occupier of private land;

 

“Minister” means the Minister of Lands and Forestry;

 

Off-highway Vehicles General Regulations” means the Off-highway Vehicles General Regulations made under the Act;

 

“OHV” means an off-highway vehicle as defined in the Act;

 

“SANS” means the Snowmobilers Association of Nova Scotia;

 

“sign” includes a notice, plaque, or marker;

 

“trail permit” means a sticker, label or other tag used to identify OHVs permitted to travel on a designated trail.


Designated trails

3        A trail designation

 

                   (a)      must include a map of the designated trail that identifies the location of the trail without ambiguity; and

 

                   (b)     must not include privately-owned land if the landowner has not given written permission for the land to be designated as a designated trail.


Portion of public highway designated as trail

4        A designation of a trail may include a portion of a public highway as part of the trail if all of the following conditions are met:

 

                   (a)      the trail is for the purposes of trail connectivity;

 

                   (b)     the Minister has the Minister of Transportation and Infrastructure Renewal’s prior written consent to the designation.


Recognized club or association requesting designation of public highway

4A     (1)    A recognized club or association that requests the Minister to designate a portion of a public highway as a trail must apply to the Minister of Transportation and Infrastructure Renewal for a permit to construct any infrastructure required to allow OHVs to safely access the public highway.

 

          (2)    A recognized club or association that is granted a permit under subsection (1) must, at its own cost, make any improvements to the area of access to the public highway that, in the opinion of the Minister of Transportation and Infrastructure and Renewal, are required for OHVs to safely access the public highway.


Revocation of landowner’s written permission

5        (1)    A landowner may revoke the written permission given to designate any part of the landowner’s property as a designated trail by giving the Minister written notice of the revocation.

 

          (2)    A revocation of a landowner’s written permission takes effect on the 31st day after the date the Minister receives written notice of it, or on a later day if specified in the notice.


No compensation for revoking trail designation

6        A person is not entitled to compensation, financial or otherwise, for any losses that result directly or indirectly from the revocation of a trail designation.


Signs for designated trails

7        (1)    The Minister must authorize the form and placement of signs on a designated trail indicating activities that are permitted, restricted or prohibited under the Act or the regulations made under the Act.

 

          (2)    A person must not

 

                   (a)      deface or, except as authorized by the Minister, remove a sign posted for a designated trail; or

 

                   (b)     post a sign for a designated trail except in accordance with the Act or the regulations made under the Act.

 

          (3)    Evidence that a sign was posted for a designated trail is prima facie proof that the sign was posted.


Minister may close designated trail

8        (1)    The Minister may temporarily close a designated trail or a portion of a designated trail by issuing a notice in writing that specifies the portion of the designated trail that is closed.

 

          (2)    A sign indicating that a designated trail or a portion of a designated trail is closed must be conspicuously posted at each end of the closed portion of the designated trail.


No compensation for closing designated trail

9        A person is not entitled to compensation, financial or otherwise, for any losses that result directly or indirectly from the closing of a designated trail.


No unauthorized OHVs on closed trail

10      Only a person who is authorized by the Minister may operate an OHV on a closed portion of a designated trail.


Designated trail symbol

11      The Minister must approve a symbol to be used to identify designated trails.


Trail permit

12      (1)    A trail permit may be issued only by one of the following:

 

                   (a)      the Minister;

 

                   (b)     a person authorized in writing by the Minister to issue trail permits;

 

                   (c)      a club or association recognized by the Minister under the Off-highway Vehicles General Regulations with which the Minister has entered into an agreement under the Act.

 

          (2)    A trail permit may be issued for a fixed or indefinite term.

 

          (3)    A trail permit must be in a form approved by the Minister.

 

          (4)    [repealed]


Deemed trail permit for operation on designated trail on public highway

12A   Despite Section 12, for the purposes of operating an OHV on a portion of a public highway that is designated as a trail, the re-validation sticker issued as proof of the annual renewal of the OHV’s registration permit under subsection 3(7) of the Off-highway Vehicles General Regulations is deemed to be the trail permit.


Revocation of trail permit

13      A trail permit may be revoked only by the Minister or the issuer of the permit.


No compensation for revoking trail permit

14      A person is not entitled to compensation, financial or otherwise, for any losses that result directly or indirectly from the revocation of a trail permit.


Classes of persons exempt from trail permit

15      A person who is a member of a class of persons listed in the following table is not required to have a trail permit when operating an OHV on a designated trail and carrying the required documents in accordance with the following table:


Class of Persons

When Operating OHV

Documents Required

peace officers or emergency workers

while engaged in activities relating to their duties

identification issued by their employer

municipal, Provincial or federal government employees

while engaged in activities relating to their duties

identification issued by their employer

employees or self-employed persons, as defined in the Occupational Health and Safety Act, but not including guides

while engaged in activities relating to their employment, if the trail is the only access route from the closest road to the area of work or the only safe access route to the area of work

a dated document that names the employee and specifies why the employee must use the trail

licensed commercial fishers

while engaged in commercial fishing activities, if the trail is the only access route from the closest road to the area of work or the only safe access route to the area of work

an original or a legible copy of a valid commercial fishing license

landowners whose land lies directly along the continuous route of the designated trail as shown on the map referred to in clause 3(a), their tenants, and the immediate family members of landowners and their tenants

while on the landowner’s property, or while travelling directly to or from the landowner’s property if the trail is the only access route from the closest road to the property or is the only safe access route to the property

landowners: proof of ownership of or title to the property in the form of a government form, deed, or registry or other document of land transfer


tenants: a copy of the lease for the property, if one exists

registered Indians under the Indian Act (Canada)

while operating an OHV on a reserve as defined in the Indian Act (Canada)

proof of registration under the Indian Act (Canada)


Exemption from written permission until December 31, 2007

16      Until December 31, 2007, a person who is issued a trail permit by SANS for a snowmobile is not required to obtain permission from a landowner in writing as required by subsection 14(1) of the Act to use a designated trail.


Operation of OHV on portion of public highway

17      An OHV may be operated on a portion of a highway that has been designated as a trail only if operated in accordance with the Off-highway Vehicle Pilot Project Regulations made under the Motor Vehicle Act.

 


Legislative History
Reference Tables

Off-highway Vehicles Designated Trails and Trail Permits Regulations

N.S. Reg. 224/2006

Off-highway Vehicles Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Off-highway Vehicles Designated Trails and Trail Permits Regulations made under the Off-highway Vehicles Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

224/2006

Dec 8, 2006

date specified

Dec 22, 2006

188/2007

Mar 21, 2007

date specified

Apr 13, 2007

169/2018

Sep 24, 2018

date specified

Oct 12, 2018

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

2........................................................

am. 169/2018 (clause lettering removed)

2, defn. of “highway”..................

rep. 188/2007

2(c) defn. of “Minister” ..............

am. 169/2018

2, defn. of “Off-highway

Vehicles General Regulations...

ad. 169/2018

4........................................................

rep. 188/2007

4-4A..................................................

ad. 169/2018

12(4) ................................................

rep. 169/2018

12A...................................................

ad. 169/2018

17......................................................

ad. 169/2018

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

1

The reference to the Minister of Natural Resources in the definition of “Minister” in Section 2 should be read as a reference to the Minister of Lands and Forestry in accordance with Order in Council 2018-188 under the Public Service Act, R.S.N.S. 1989, c. 376.  (Corrected by N.S. Reg. 169/2018.)

Jul 5, 2018

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.