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Trails Regulations made under Section 24 of the
R.S.N.S. 1989, c. 476
O.I.C. 89-581 (May 16, 1989), N.S. Reg. 71/89
1 These regulations may be cited as the "Trails Regulations".
2 In these regulations
(a) "Act" means the Trails Act;
(b) "campsite" means an area of land on or adjacent to a trail designated by a sign as a place for overnight camping;
(c) "Department" means the Department of Natural Resources;
(d) "Minister" means the Minister of Natural Resources;
(e) "off-highway vehicle" means an off-highway vehicle as defined in the Off-Highway Vehicles Act;
(f) "pedestrian" means a person travelling on foot;
(g) "sign" means a sign erected by the Department which indicates information concerning a trail;
(h) "trail" means a trail designated by the Governor in Council for recreational purposes pursuant to the provisions of the Act, and unless otherwise specified, does not exceed in width 15 feet on either side of the centre line of the trail designated;
(i) "trail attendant" means a person appointed pursuant to Section 3.
3 The Minister may appoint a person, including a casual employee of the Department, as a trail attendant to execute on one or more trails such powers as are prescribed by these regulations or to perform on one or more trails such duties as may be assigned from time to time by the Department.
Management of lands adjacent to a trail
4 The Minister may enter into a management agreement with the owner or occupier of land adjacent to a trail.
Right of entry
5 (1) No person shall enter upon or make use of a trail until it is announced by the Department to be open for public use.
(2) Except at a designated campsite or as otherwise posted by a sign, no person shall use or be on a trail between the hours of 11:30 p.m. local time of any day and 5:30 a.m. local time of the immediately following day.
Activities on a trail
6 The Minister may cause to be marked or erected a sign, notice, map or device on a trail to
(a) prescribe a rate of speed for a vehicle or vessel on a trail;
(b) restrict the type of vessel, including the horsepower, which may be brought on a trail;
(c) permit, prohibit or regulate parking of a vehicle or vessel on a trail or restrict parking to a certain class of vehicles or vessels;
(d) permit, prohibit or regulate standing or use of domestic animals on a trail;
(e) designate a trail as a one-way trail;
(f) permit, prohibit or regulate the use of a vehicle, including a bicycle, or vessel or a class of vehicles or vessels on a trail;
(g) close a trail or portion thereof to a vehicle, including a bicycle, or vessel or a class of vehicles or vessels;
(h) limit the hours during a day when a trail may be used;
(i) permit, prohibit or regulate pedestrian traffic on a trail; or
(j) permit or prohibit other activities or entry on a trail.
Use of vehicles
7 (1) No vehicle is permitted on a trail except
(a) a vehicle approved by the Minister for use on a trail for construction or maintenance purposes, or in enforcement of the Act or these regulations; or
(b) where a trail is designated by a sign or device indicating a vehicle, including a bicycle, is allowed.
(2) No person shall operate a vehicle, including a bicycle, on a trail except on a roadway or other place designated for that purpose.
(3) No person shall operate a vehicle or vessel on a trail other than in accordance with the laws of the Province of Nova Scotia.
(4) It shall be an offence for a person who operates a vehicle on a trail to fail to produce a valid operator's licence and vehicle permit when requested to do so by a trail attendant provided such licence or permit is required by the Province.
(5) No person shall operate a vehicle on a trail at a rate of speed in excess of the speed posted or, if no signs are posted, at a speed in excess of that prescribed by the laws of the Province of Nova Scotia or Canada.
8 No person shall operate an off-highway vehicle on a trail
(a) unless the off-highway vehicle is used in an area designated by the Minister for the use of such a vehicle; or
(b) unless the off-highway vehicle is required to perform a service, enforcement or maintenance function on a trail.
Parking of vehicle
9 (1) Except as authorized by the Minister, it shall be an offence for the operator of a vehicle
(a) to stop, stand or park a vehicle, whether attended or unattended, in a position or place on a trail that prevents or is likely to prevent the free and convenient movement of other vehicles on the trail; or
(b) to stop, stand or park a vehicle in any area where the stopping, standing or parking of vehicles is prohibited by a sign or by the verbal direction of a trail attendant.
10 (1) No vessel is permitted on a trail except
(a) a vessel approved by the Department for use on trail construction, maintenance or enforcement of the Act or these regulations; or
(b) where a trail is designated by a sign or device indicating that a vessel is allowed.
(2) The Minister may designate one or more areas on a trail for the berthing, mooring, anchoring, beaching, launching or docking of a vessel.
(3) It shall be an offence to dock a vessel in an area where docking is prohibited by a sign or notice, or where docking of a certain class of vessel is prohibited by a sign or notice.
(4) (a) No person shall operate a vessel on a trail at a rate of speed in excess of the speed posted or prescribed by the laws of the Province of Nova Scotia or Canada.
(b) Except with a permit from the Minister, no person shall operate a vessel in excess of 5 miles per hour within 200 feet of the bank of a watercourse when another person is using the watercourse for swimming purposes.
11 (1) Except with special permission of the Minister, no person shall camp on trail except at a campsite designated by the Minister.
(2) The Minister may, with the consent of the landowner or occupier, designate a campsite.
(3) (a) The Minister may limit the number of persons that may use a campsite.
(b) It shall be an offence for more persons than the number permitted under clause (a) to use a campsite.
(4) The Minister may issue a permit to occupy a campsite.
Conduct of persons on a trail
12 Except with the permission of the Minister, no person while on a trail shall
(a) cut, damage or remove any plant, shrub, flower or tree;
(b) remove any artifact or natural object;
(c) make an excavation;
(d) alter, damage or destroy any watercourse;
(e) display any advertisement;
(f) solicit, sell or offer for sale any article, service, or thing, carry on any business, or use a trail or other area for pecuniary gain; or
(g) remove, damage or deface any real or personal property belonging to or claimed by the Crown or any other person.
13 Every person using a campsite, picnic area or other site on a trail shall maintain the area or site in a condition deemed satisfactory to the Minister and shall leave the area or site in a clean and sanitary condition.
14 (1) Except on trails designated on a watercourse, no person who owns or is in control of a domestic animal shall permit it to be at large on a trail.
(2) For the purpose of subsection (1), a domestic animal is deemed to be at large unless the animal is on a leash which does not exceed 6 feet in length and which is hand held or securely tied and restricts the animal from running loose.
(3) Every person who owns or is in control of a domestic animal shall clean up any animal excrement or mess left by that animal on a trail.
(4) No person shall drive, walk or ride a horse, pony or other domestic animal on a trail except with a permit from the Minister or except in an area designated by the Minister for that purpose.
15 (1) Subject to the Forests Act and regulations made pursuant thereto, no person shall have a fire on a trail other than in a fireplace or grill provided for that purpose or in an area designated by the Minister.
(2) No person shall leave a fire on a trail until it is completely extinguished.
(3) No person shall drop or discard a burning match, or an ignited cigar, cigarette or other burning substance on a trail.
Hunting and trapping
16 (1) Except with special permission of the Minister, no person while on a trail shall hunt, trap, take or snare any wildlife or attempt to do the same.
(2) No person while on a trail shall
(a) have in their possession or discharge a loaded firearm or bow; or
(b) have in their possession an unloaded firearm or bow unless the firearm or bow is permitted to be carried under the Wildlife Act and regulations and is in a case which is properly fastened, is completely wrapped in a material which is securely tied around the firearm or bow or is in the locked luggage compartment of a vehicle and the contents of the compartment are not accessible to the occupants of the vehicle from inside the vehicle.
17 (1) Notwithstanding any notice or sign displayed on a trail, a peace officer or a trail attendant may give such directions as are necessary to
(a) ensure orderly movement of traffic;
(b) prevent injury or damage to persons or property;
(c) permit all necessary measures in an emergency;
(d) prevent unnecessary or excessive noise or disturbance; or
(e) prevent a breach of the Act or these regulations.
(2) It shall be an offence for a person to fail to obey the directions of the peace officer or trail attendant given pursuant to subsection (1).
(3) The operator of a vehicle or vessel shall obey the directions of a peace officer or a trail attendant, notwithstanding the presence of a sign directing otherwise.
(4) Subject to subsection (3), it shall be an offence for a person to fail to comply with a sign, notice, map or other device governing or controlling conduct of a person, vehicle, vessel or domestic animal on a trail.
Directions to leave trail
18 (1) The Minister may, by written order, direct any person who violates the Act or regulations to forthwith leave a trail.
(2) It shall be an offence for any person to fail to comply with an order given under subsection (1).
(3) No person who has been ordered to leave a trail shall, within the following 72 hour period, enter or attempt to enter the trail unless the person has special permission from the Minister.
Removal of property
19 (1) Any person ordered to leave a trail shall forthwith remove any personal property, including vessels or vehicles, in the custody of or under the control of that person.
(2) If a person fails to comply with subsection (1) or if a person fails to comply with the provisions of Section 11, a peace officer may remove any personal property left at the campsite.
(3) The owner or person who had custody or control of any personal property removed pursuant to subsections (1) and (2) shall be liable for any expenses incurred by the Minister in removing and storing the property.
20 Any person convicted of a violation of any of the provisions of these regulations shall incur a penalty of not less than fifty dollars nor more than one thousand dollars.
21 These regulations shall come into force on and after the 17th day of May, 1989.