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 Vehicle Insurance Regulations

made under

Section 25 of the

Off-highway Vehicles Act

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

O.I.C. 2007-198 (effective April 4, 2007), N.S. Reg. 207/2007

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 for these regulations

Definitions for the Act and its regulations

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

Exemption from third party liability insurance

Citation

1 These regulations may be cited as the Off-highway Vehicle Insurance Regulations .

Definitions for these regulations

2 In these regulations,

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

(b) “authorized insurer” means [an] authorized insurer as defined in the Motor

Vehicle Act ;

(c) “Minister” means the Minister of Service Nova Scotia and Municipal

Relations;

(d) “motor vehicle liability policy” means [a] motor vehicle liability policy as

defined in

Part VI of the Insurance Act ;

(e) “OHV” means off-highway vehicle;

(f) “proof of financial responsibility” means a certificate in a form approved

by the Registrar that is issued to the owner of an OHV as evidence that a

motor vehicle liability insurance policy is in force;

(g) “recognized club” means a club that is registered and in good standing

under the Societies Act or the Companies Act and has racing OHVs as one

of its objects.

Definitions for the Act and its regulations

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 OHV.

Amount of third party liability insurance

4 The minimum amount of third party liability insurance an owner of an OHV is required to

maintain under

Section 15B of the Act with an authorized insurer for each OHV 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 OHV

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 on [an] OHV 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 defence to any claim, action or proceeding

under a motor vehicle liability policy issued by it, a defence which might

not be set up if such 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 OHVs 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.

Exemption from third party liability insurance

9 The owner of an OHV is exempt from the requirement in

Section 15B of the Act to have

third party liability insurance for the OHV and from the requirements of these regulations

for the OHV, if all of the following apply:

(

a) the OHV is designed or modified for racing purposes and is used solely for

that purpose;

(

b) the owner of the OHV is a member in good standing of a recognized club

and holds a valid membership card.

Legislative History

Reference Tables

Off-highway Vehicle Insurance Regulations

N.S. Reg.

207/2007

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 Vehicle Insurance 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

207/2007

Apr 4, 2007

date specified

Apr 27, 2007

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

The reference to the Minister of Service Nova Scotia

and Municipal Relations in s. 2(

c) should be read as a reference to the Minister

of Service Nova Scotia in accordance with O.I.C. 2014-71 under the Public Service Act , R.S.N.S. 1989, c.

Apr 1, 2014

The reference to the Minister of Service Nova Scotia

and Municipal Relations in s. 2(

c) should be read as a reference to 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. 376.

Oct 20, 2014

The reference to the Minister of Service Nova Scotia

and Municipal Relations in s. 2(

c) should be read as a reference 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

The reference to the Minister of Service Nova Scotia

and Municipal Relations in s. 2(

c) should be read as a reference 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.

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.