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Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

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Motor Vehicle Appeal Board Procedures Regulations

made under subsection 7C(11) of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

N.S. Reg. 181/2012 (effective September 19, 2012)

as amended to N.S. Reg. 149/2017 (effective October 10, 2017)

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

Interpretation

Applying for an appeal

Panels of the board

Setting hearing date

If applicant withdraws application

Rescheduling oral hearing

Dismissal of an application

Hearing procedures

Board decisions

Annual report

Citation

1 These regulations may be cited as the Motor Vehicle Appeal Board Procedures

Regulations .

Interpretation

2 In these regulations,

“Act” means the Motor Vehicle Act ;

“applicant” means a person who is submitting an application;

“application” means an application for appeal of a Registrar’s decision;

“board” means the Motor Vehicle Appeal Board established under

subsection 7C(1) of the Act;

“chair” means the chair of the board designated by the Minister under

Section 7C of the Act;

“Minister” means the Minister of Transportation and Infrastructure Renewal;

“panel” means the member or members of the board selected by

Transportation and Infrastructure Renewal under

Section 4 to hear an

application;

“Registrar’s decision” means a decision made by the Registrar under

subsection 279(2) [of the Act] respecting a suspension order issued under

clause (a), (b), (d), (

e) or (

f) of subsection 279(1),

Section 279B or

Section

291A of the Act;

“vice-chair” means a member of the board designated by the chair under

subsection 4(3) to act as chair of a panel of the board, in the absence of the

chair.

Applying for an appeal

(1) An application must include or be accompanied by all of the following:

(

a) a fee of $150.00;

(

b) the applicant’s full name and current mailing address;

(

c) the applicant’s telephone number and fax number, if any;

(

d) the applicant’s preferred method of receiving information related to

the appeal;

(

e) contact information for the applicant’s legal counsel or agent, if any;

(

f) a completed application on a form provided by Transportation and

Infrastructure Renewal setting out the reason the applicant is

requesting the appeal;

(

g) a copy of the Registrar’s decision that is being appealed, if available.

(2) Unless otherwise directed by Transportation and Infrastructure Renewal, an

application and any related submissions must be in writing and delivered to

Transportation and Infrastructure Renewal by hand, mail or courier.

(3) An application is deemed to be received by Transportation and Infrastructure

Renewal on the date that the application is stamped as received by the

Department.

(4) If Transportation and Infrastructure Renewal determines that an application

is incomplete, it must return the application to the applicant.

(5) If an incomplete application that has been returned to an applicant is not

resubmitted within 30 days of the date Transportation and Infrastructure

Renewal returned the incomplete application, the Registrar’s decision is final

and there is no further appeal.

Panels of the board

(1) On receipt of an application, Transportation and Infrastructure Renewal must

select a panel composed of 1 or 3 3 board members to hear the appeal.

(2) One member of a panel constitutes a quorum of the board and different

panels of the board may sit separately at the same time to hear appeals.

(3) If the chair is not a member of a panel, the chair must designate a member of

the panel to be a vice-chair for the matter being considered by the panel.

Setting hearing date

(1) On receipt of a completed application, Transportation and Infrastructure

Renewal must

(

a) set a date for a hearing; and

(

b) notify the Registrar of the application.

(2) On receipt of notice of an application, the Registrar must provide

Transportation and Infrastructure Renewal with copies of all of the

following:

(

a) the Registrar’s decision related to the application;

(

b) any material that the Registrar relied on in making the Registrar’s

decision;

(

c) any other material that the Registrar considers relevant to the

application, including the driving record of the applicant.

(3) At least 20 days before the date of the hearing, Transportation and

Infrastructure Renewal must send the applicant copies of the material

provided by the Registrar under subsection (2), and advise the applicant of

the date of the hearing.

(4) An applicant may respond to any material sent to the applicant under

subsection (3) by

(

a) filing a written response with Transportation and Infrastructure

Renewal no later than 10 business days before the date of the

hearing; or

(

b) in the case of an oral hearing, making a presentation to the board at

the hearing.

If applicant withdraws application

6 If an applicant withdraws their application, the Registrar’s decision that was to be

appealed is final.

Rescheduling oral hearing

(1) Transportation and Infrastructure Renewal may reschedule a hearing at the

request of the chair or a vice-chair of a panel of the board or at the request of

an applicant.

(2) An applicant who requests that a hearing be rescheduled but fails to make

the request at least 48 hours before the scheduled hearing date must pay a

rescheduling fee of $150 at least 10 days before the rescheduled hearing

date.

Dismissal of an application

(1) If an applicant fails to attend at a scheduled oral hearing of their application,

the board must dismiss the application and, except as provided in subsection

(2), the Registrar’s decision that was to be appealed is final.

(2) If an application is dismissed because the applicant fails to attend at a

scheduled oral hearing, and the chair is satisfied that the person has a

reasonable excuse for failing to appear, the chair

(

a) may direct that the hearing be rescheduled; and

(

b) if the hearing is rescheduled, the applicant must pay a rescheduling

fee of $150 at least 10 days before the rescheduled hearing date.

(3) If an applicant fails to pay a rescheduling fee required under subsection

(2) Section 7, the board must dismiss the application and the Registrar’s

decision that was to be appealed is final.

Hearing procedures

(1) The chair or, if applicable, vice-chair of a panel must

(

a) preside at an oral hearing if applicable; and

(

b) prepare the written decision of the board.

(2) The board must conduct a hearing in an informal manner and is not required

to comply with the rules of evidence.

(3) The board may adjourn a hearing and reconvene a hearing at any time and at

any place the board considers appropriate.

(4) The chair may make rules and procedures for the efficient administration of

the board.

(5) The board is not required to keep any written record of evidence or

arguments given at any hearing.

(6) Each oral hearing before the board must take place in Halifax at a location

determined by Transportation and Infrastructure Renewal.

Board decisions

(1) The decision of a majority of a panel is the decision of the board.

(2) A decision of the board must, no later than 7 days after the date of the

hearing, be sent to the applicant by registered mail and filed with the

Registrar.

(3) Despite subsection (2), failure of the board to provide a decision within the

required time period does not affect the jurisdiction of the board to make a

decision with respect to the application.

(4) A decision of the board must meet all of the following requirements:

(

a) it must be in writing and signed by the chair or a vice-chair

designated under subsection 4(3), who heard the appeal; and

(

b) it must state the reason for the decision.

Annual report

11 The chair must annually prepare a report to the Minister, which must include all of

the following information in detail:

(

a) the number of applications received by Transportation and

Infrastructure Renewal;

(

b) the number of applications heard by the board;

(

c) the number of oral hearings held by the board;

(

d) the number of hearings each member of the board participated in;

(

e) the results of the appeals heard by the board;

(

f) any recommendations for changes to the administration of the board;

(

g) any additional matters the chair believes may be relevant.

Legislative History

Reference Tables

Motor Vehicle Appeal Board Procedures Regulations

N.S. Reg.

181/2012

Motor Vehicle 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 Motor Vehicle Appeal Board Procedures Regulations made

under the Motor Vehicle Act includes all of the

following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

181/2012

Sep 19, 2012

date specified

Oct 5, 2012

65/2014

Apr 29, 2014

date specified

May 30, 2014

149/2017

Oct 10, 2017

date specified

Oct 27, 2017

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

am. 65/2014, 149/2017

2, defn. of “panel” ............................

am. 65/2014, 149/2017

2, defn. of “SNSMR” .......................

rep. 65/2014

3(1)(f) ...............................................

am. 65/2014

3(2)-(5) .............................................

am. 65/2014

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

am. 65/2014, 149/2017

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

am. 149/2017

5(1)-(3) .............................................

am. 65/2014

5(4)(a) ...............................................

am. 65/2014

7(1) ...................................................

am. 65/2014

9(6) ...................................................

am. 65/2014

10(4)(a) .............................................

am. 65/2014

11(a) .................................................

am. 65/2014

“Service Nova Scotia” replaced throughout with

“Transportation and Infrastructure Renewal” .................

am. 149/2017

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

References to the Service Nova Scotia and the Minister

of Service Nova Scotia should be read as references to the Department of

Transportation and Infrastructure Renewal and the Minister of Transportation

and Infrastructure Renewal in accordance with O.I.C. 2014-432 under the Public Service Act , R.S.N.S. 1989, c.

(corrected by

N.S. Reg. 149/2017)

Oct 20, 2014

References to the Department and Minister of

Transportation and Infrastructure Renewal should be read as references to the

Department and 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 Department and Minister of

Transportation and Infrastructure Renewal should be read as references to the

Department of Public Works in accordance with O.I.C. 2021-209 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.