This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

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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Off-highway Vehicles Insurance and Passenger Regulations

made under

Section 37 of the

Road Trails Act

S.N.S. 2023, c. 4

O.I.C. 2023-269 (effective September 29, 2023), N.S. Reg. 172/2023

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

Insurance

Amount of third-party liability insurance

Form and filing of proof of financial responsibility

Proof of financial responsibility for non-resident owner

Proof of financial responsibility is conclusive

Registrar may refuse proof of responsibility

Passengers

Offences and penalties

Citation

1 These regulations may be cited as the Off-highway Vehicles Insurance and Passenger

Regulations .

Definitions

2 In these regulations,

“Act” means the Road Trails Act ;

“authorized insurer” means an authorized insurer as defined in the Motor Vehicle

Act ;

“motor vehicle liability policy” means a motor vehicle liability policy as defined in

Part VI of the Insurance Act ;

“proof of financial responsibility” means a certificate in a form approved by the

Registrar that is issued to the owner of an off-highway vehicle as evidence that a

motor vehicle liability insurance policy is in force.

Insurance

3 In the Act and its regulations, “third-party liability insurance” means insurance under a

motor vehicle liability policy that provides the insurance coverage in accordance with

Sections 139 and 140 of the Insurance Act for an off-highway vehicle.

Amount of third-party liability insurance

4 The minimum amount of third-party liability insurance an owner of an off-highway

vehicle is required to maintain under

Section 10 of the Act with an authorized insurer for

each off-highway vehicle they own is the amount required by the Insurance Act .

Form and filing of proof of financial responsibility

(1) An individual who is issued a motor vehicle liability insurance policy for an off-highway vehicle in accordance with these regulations may request that the insurer

file proof of financial responsibility on their behalf with the Registrar.

(2) The Registrar may request any further information the Registrar considers

necessary.

Proof of financial responsibility for non-resident owner

6 A person who is not a resident of the Province may file proof of financial responsibility

in accordance with

Section 5 or may file a certificate of insurance in a form approved by

the Registrar issued by any insurer authorized to transact insurance in the province or

state in which the person resides, if the insurer files all of the following with the

Registrar:

(

a) a power of attorney authorizing the Registrar to accept service of notice or

process for the insurer and its insured in any action or proceeding in a court

of law arising out of an off-highway vehicle accident in the Province;

(

b) an undertaking to appear in any action or proceeding in a court of law

involving a motor vehicle liability policy issued by it that it has knowledge

of;

(

c) an undertaking not to set up as a defence to any claim, action or proceeding

under a motor vehicle liability policy issued by it that might not be set up if

the policy had been issued in the Province in accordance with the law of the

Province relating to motor vehicle liability policies;

(

d) an undertaking to satisfy, up to the limits of liability stated in the policy, any

judgment rendered by a court in the Province that is final against it or its

insured.

Proof of financial responsibility is conclusive

7 Proof of financial responsibility filed in accordance with

Section 5 or a certificate of

insurance filed in accordance with

Section 6 is conclusive admission by the insurer that a

motor vehicle liability policy has been issued for the off-highway vehicles owned by the

insured.

Registrar may refuse proof of responsibility

8 The Registrar may refuse to accept proof of financial responsibility from an insurer who

fails to honour their obligations under a motor vehicle liability policy or these regulations

for as long as the failure continues.

Passengers

9 An operator of an off-highway vehicle must not permit a passenger on the vehicle unless

(

a) the vehicle is designed to carry passengers; and

(

b) there is a designated seat for the passenger.

Offences and penalties

10 A person who violates

Section 9 is guilty of an offence and liable on

summary

conviction to the penalties provided for a category F offence in the

Summary

Proceedings Act .

Legislative History

Reference Tables

Off-highway Vehicles Insurance and Passenger

Regulations

N.S. Reg.

172/2023

Road Trails 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 Insurance and Passenger Regulations made

under the Road Trails Act includes all of the

following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

172/2023

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

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

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.