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Part II .

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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. 2023-269 (effective September 29, 2023), N.S. Reg. 173/2023

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 Natural Resources and Renewables;

“ 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 Public Works’ 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 Public Works 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 Public Works, are required for

OHVs to safely access the public highway.

Revocation of landowner’s written permission

(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

(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

(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.

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

(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 Road Trails Act or pilot project regulations made

under

Section 307 of 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

173/2023

Sep 29, 2023

date specified

Oct 20, 2023

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, defn . of “Minister” .................

am. 169/2018, 173/2023

2, defn . of “ Off-highway

Vehicles

General Regulations ” ...

ad. 169/2018

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

rep. 188/2007

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

ad. 169/2018

. 4(b) .................................................

am.

173/2023

4A .....................................................

ad. 169/2018

. 4 A( 1) ..............................................

am.

173/2023

. 4 A( 2) ..............................................

am.

173/2023

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

rep. 169/2018

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

ad. 169/2018

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

ad. 169/2018 ; rs . 173/2023

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

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

References to the Minister of Transportation and

Infrastructure Renewal should be read as references to the Minister of

Transportation and Active Transit in accordance with O.I.C. 2021-56 under the Public Service Act , R.S.N.S. 1989, c. 376.

Feb 23, 2021

References to the Minister of Transportation and

Infrastructure Renewal should be read as references to the Minister of Public

Works in accordance with O.I.C. 2021-209 under the Public Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

The reference to the Minister of Lands and Forestry in

the definition of “Minister” in

Section 2 should be read as a reference to

the Minister of Natural Resources

and Renewables in accordance with O.I.C. 2021-210 under the Public Service Act , R.S.N.S. 1989, c.

Aug 31, 2021

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.