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Part II .

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Off-highway Vehicles Safety and Training Regulations

made under

Section 25 of the

Off-highway Vehicles Act

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

O.I.C. 2006-159 (March 30, 2006), N.S. Reg. 43/2006

as amended up to O.I.C. 2007-354 (June 22, 2007), N.S. Reg. 316/2007

Citation

1 These regulations may be cited as the Off-highway Vehicles Safety and Training

Regulations .

Definitions

(1) In these regulations,

(a) “Act” means the Off-highway Vehicles Act ;

(b) “certificate” means a safety training certificate issued under

Section 8;

(ba) “competency test” means a test in a form approved by the Minister designed to

assess a person’s competency on the topics covered in the theoretical

component;

Clause 2(1)(ba) added: O.I.C. 2007-155, N.S. Reg. 189/2007.

(bb) “driver’s license” means a driver’s license as defined in the Motor Vehicle Act ;

Clause 2(1)(bb) added: O.I.C. 2007-155, N.S. Reg. 189/2007.

(c) “guide” means any person who, for compensation or reward received or

contracted for, supervises and assists another person who is operating an OHV

for recreational purposes;

(d) “instructor” means a person or organization approved by the Minister under

Section 5;

(e) “non-resident” means a person who is not a resident;

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

(fb) “practical component” means the portion of a safety training program relating

to the practical aspects of operating a particular class of OHV, as described in

subsection 3(1);

Clause 2(1)(fb) added: O.I.C. 2007-155, N.S. Reg. 189/2007.

(g) “resident” means any of the following persons:

(

i) a person who at any time has been permanently or ordinarily resident in

the Province for the 2 months immediately preceding that time,

(ii) an officer of the diplomatic or consular service of a foreign country

stationed in the Province,

(iii) a member of the Royal Canadian Mounted Police or the Canadian

Armed Forces stationed or born in the Province,

(iv) a person who was born in the Province and who owns real property in

the Province;

(h) “safety training program” means a program made up of a theoretical

component or a practical component, or both, and that is approved in

accordance with these regulations;

Clause 2(1)(

h) replaced: O.I.C. 2007-155, N.S. Reg. 189/2007.

(i) “theoretical component” means the portion of a safety training program

relating to the theoretical aspects of OHV use, as described in subsection 3(2).

Clause 2(1)(

i) added: O.I.C. 2007-155, N.S. Reg. 189/2007.

(2) In the Act and these regulations,

(a) “closed course” means an area of land being used for an organized OHV event

during which access to the area by motor vehicles is limited;

(b) “first-responder” means a person who has successfully completed at least the

Medical First Responder course delivered by St. John Ambulance or the First

Responder course delivered by the Canadian Red Cross, or can demonstrate to

the Minister’s satisfaction that the person has obtained an equivalent

certification;

(c) “motorcycle” means an off-road vehicle that operates on only 2 tires and has

handlebars for steering;

(d) “organization” means a body incorporated and in good standing under the

Companies Act or the Societies Act ;

(e) “snow vehicle” means a self-propelled vehicle designed to be driven

exclusively on snow or ice, and includes a snowmobile;

(f) “trained official” means a person who has reached the age of majority and who

has been certified under these regulations to operate an OHV of the same class

as that being used on the closed course at which the person officiates.

(3) In

Section 11 of the Act and in these regulations, “guardian” includes a trained

official.

Safety training program

(1) A practical component must include training on all of the following:

(

a) safe vehicle operation, including all of the following:

(

i) vehicle starting and stopping,

(ii) vehicle turning,

(iii) riding over obstacles,

(iv) reading the terrain,

(

v) riding on hills;

(

b) operation specific to different types of OHVs, including all of the following

types:

(

i) snow vehicles,

(ii) all-terrain vehicles,

(iii) motorcycles;

(

c) guidelines for supervising persons under 16 years old who operate OHVs.

(2) A theoretical component must include training on all of the following:

(

a) legislation and regulations that apply to OHV operators including those relating

to all of the following:

(

i) safety equipment,

(ii) access over public and private land,

(iii) sensitive areas and environmental responsibility;

(

b) informal codes of conduct, rules and ethics that apply to OHV operators;

(

c) guidelines for supervising persons under 16 years old who operate OHVs;

(

d) how land can be adversely affected by illegal use of OHVs, using photographic

or other types of examples.

Section 3 replaced: O.I.C. 2007-155, N.S. Reg. 189/2007.

Ministerial approval of safety training program

(1) The Minister may approve a safety training program.

(2) The Minister may withdraw approval of a safety training program if the safety

training program no longer meets the criteria set out in

Section 3 to the Minister’s

satisfaction.

(3) If the reasons for the withdrawal of a safety training program’s approval have been

remedied, the Minister may reinstate the approval.

Approval of individual or organization

(1) The Minister may approve an individual or organization to deliver a safety training

program and must maintain a list of approved individuals and organizations.

(2) The Minister may, for any reason the Minister considers appropriate, withdraw

approval of an individual or organization given under subsection (1).

(3) On withdrawing approval of an individual or organization, the Minister must

(

a) immediately inform the individual or organization in writing, by registered

mail, that approval has been withdrawn; and

(

b) remove the name of the individual or organization from the list referred to in

subsection (1).

Restrictions on delivery of safety training program

6 A person must not conduct a safety training program unless that person

(

a) has been approved by the Minister under

Section 5 to deliver a safety training

program or is a member of an organization approved by the Minister under

Section 5 to deliver a safety training program;

(

b) has successfully completed a safety training program for the class of OHV that

is the subject of the safety training program being taught;

(

c) has reached the age of majority and holds a valid driver’s licence under the

Motor Vehicle Act ;

(

d) has no convictions for driving under the influence of alcohol or drugs during

the previous 5 years; and

(

e) has no convictions for a sexual offence or violent crime against a minor.

Individual safety training

(1) To be certified as having successfully completed OHV safety training for the

purposes of

Section 11 or 11A of the Act, a person 16 years old or older must

(

a) complete a safety training program that includes instruction specific to the class

or classes of OHV they intend to operate; and

(

b) successfully pass a competency test, graded on a pass or fail basis.

(2) A person who holds a driver’s license and whose driver’s license or right or privilege

to operate a motor vehicle in the Province has not been suspended or revoked is not

required to comply with clause (1)(

a) if they pass the test referred to in clause (1)(b).

Section 7 replaced: O.I.C. 2007-155, N.S. Reg. 189/2007.

Safety training certificate

(1) An instructor may issue a safety training certificate to a person who has completed a

safety training program conducted by that instructor.

(2) A certificate must be in a form approved by the Minister and must specify the class

or classes of OHV for which the certificate is issued.

(3) No later than 30 days after the date of issuing a certificate, an instructor must advise

the Minister in writing that a certificate has been issued and must include all of the

following information:

(

a) the name, address and date of birth of the person to whom the certificate was

issued;

(

b) the class or classes of OHVs specified on the certificate.

Exemptions from safety training

(1) Despite Sections 11 and 11A of the Act and

Section 7, the following persons or

classes of person are exempt from the requirement to take a safety training program:

(

a) all-terrain vehicle operators who are under 14 years old, until April 1, 2008;

(

b) OHV operators, other than all-terrain vehicle operators, who are under 14 years

old, until October 1, 2008;

(

c) OHV operators who are at least 14 years old and no more than 15 years old,

until October 1, 2008;

(

d) parents or guardians of OHV operators who are no more than 15 years old,

until October 1, 2008;

(

e) all persons who register an OHV after April 1, 2006, who have not previously

operated an OHV of that type and do not qualify for an exemption under

subsection (2), until April 1, 2012;

Clause 9(1)(

e) amended: O.I.C. 2007-354, N.S. Reg. 316/2007.

(

f) persons who can demonstrate that they have successfully completed Canada

Safety Council OHV training since 1991.

(2) Despite Sections 11 and 11A of the Act and

Section 7, the following persons or

classes of person are exempt from the requirement to take a safety training program

or pass a competency test:

(

a) a person who was at least 19 years old before April 1, 2006, and who

purchased an OHV before April 1, 2006 and registered an OHV on or before

September 30, 2007;

(

b) a person who was at least 19 years old before April 1, 2006, and is the

common-law spouse, married spouse or registered domestic partner of a person

listed in clause (a).

Subsection 9(2) replaced: O.I.C. 2007-157, N.S. Reg. 190/2007.

(3) The exemption in subsection (2) does not apply to a person who is not eligible to

apply for a driver’s license or whose driver's license or right or privilege to operate a

motor vehicle in the Province has been suspended or revoked.

Section 9 replaced: O.I.C. 2007-155, N.S. Reg. 189/2007.

When exemptions from safety training cease to apply

9A

(1) A person who is convicted of any offence under the Act or its regulations ceases, at

the time of conviction, to be exempt under subsection 9(2) and must comply with the

requirements of

Section 7.

(2) A person who is not eligible to apply for a driver’s license or whose driver’s licence

or right or privilege to operate a motor vehicle in the Province is suspended or

revoked ceases, at the time of ineligibility, suspension or revocation, to be exempt

under subsection 9(2) and must comply with the requirements of

Section

Section 9A added: O.I.C. 2007-155, N.S. Reg. 189/2007.

Exemption during training

10 Despite

Section 11 of the Act, a person under the age of 16 years who is taking a safety

training program is not required to be accompanied by a parent or guardian and is not

restricted to operating on a closed course during the training.

Classes exempt from safety training

11 The following persons or classes of person are exempt from these regulations and from the

safety training requirements of the Act:

(

a) peace officers, while they are engaged in activities relating to their duties;

(

b) a person operating a golf cart on a public or private golf course;

(

c) municipal, Provincial and federal employees, while they are engaged in

activities relating to their duties;

(

d) employees, as defined in the Occupational Health and Safety Act , who

(

i) can demonstrate that they have successfully completed safety training

provided by their employer for the type of OHV they are operating, and

(ii) are engaged in activities relating to their employment,

except guides;

(

e) self-employed persons, as defined in the Occupational Health and Safety Act ,

except guides;

(

f) a non-resident who, while operating an OHV, is accompanied by a person who

has obtained a certificate for the operation of the same class of OHV.

Closed course exemption

12 Despite

Section 11 of the Act, a person who is under age 14 is exempt from the

requirement to operate an OHV on a closed course under the auspices of an accredited

organization until October 1, 2006, if

(

a) while the person is operating an OHV,

(

i) the person is wearing personal protective equipment,

(ii) the person is under the direct supervision of their parent or guardian,

(iii) a trained official is present and has supervision over a maximum of 8

OHV operators under the age of 14 years, and

(iv) a first-responder is present;

(

b) the person is operating an OHV appropriate for the person’s age, size and

ability;

(

c) the OHV does not have an engine size in excess of that recommended by the

manufacturer for an operator of the age and weight of the person under the age

of 14 years; and

(

d) that person operates an OHV only during the hours between sunrise and sunset,

as determined by reference to

Schedule “A” to the General Wildlife

Regulations made under the Wildlife Act .