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.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

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Off-highway Vehicles General Regulations

made under

Section 25 of the

Off-highway Vehicles Act

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

O.I.C. 88-66 (effective February 1, 1988), N.S. Reg. 13/1988

amended to O.I.C. 2023-269 (effective September 29, 2023), N.S. Reg. 174/2023

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 for Act and its regulations

Form of application

Content of application

Fee upon application

Exceptions

Dealer plate

Licence fee

Dealer’s records

Registration year

Renewal fee

Form of certificate of registration

Content of certificate of registration

Interim registration permit

Registration year

Annual renewal

Transfer of ownership

Duty of transferee

Content of application for registration by transferee

Fees payable by transferee

Refusal of certificate

Appeal from decision of registrar

Offence to make false statement

Suspension of certificate of registration

Registration identification number

How means of registration identification number attached

Duplicate certificates or registration identification number or permit

Fee for duplicates

New vehicle identification number

Offence to alter or deface vehicle identification number

Fees for search of title

Safety helmet standards

Controlled access highways

Exemptions

Recognized clubs and associations

No compensation for revoking recognition

[Deemed permission to use established trail]

Appendix “A”

[Citation]

1 These regulations may be cited as the Off-highway Vehicles General Regulations .

Definitions for Act and its regulations

1A

(1) In the Act and its regulations,

“highway” means [a] highway as defined in the Motor Vehicle Act , except that it

does not include any of the following:

(

i) private property that is designed to be or is accessible to the public

for use of OHVs,

(ii) a forest access road under the administration and control of the

Minister of Lands and Forestry, or

(iii) a road classified by the Minister of Transportation and Infrastructure

Renewal as a K-class road under the administration and control of

the Department of Transportation and Infrastructure Renewal;

“written permission” of an owner or occupier includes any of the following:

(

i) a sign posted by or on behalf of the owner or occupier on the real

property to which the permission applies,

(ii) a letter, map or other document signed by the owner or occupier

indicating the real property to which the permission applies,

(iii) a document granting general permission to use real property that has

been signed by the owner or occupier of the property.

(2) In these regulations, “established trail” means a route or path in existence before

April 1, 2006, that has, through traditional use, become a trail for use by OHVs,

and permission to use that route or path has not been withdrawn.

Form of application

1B

(1) Every owner of an off-highway vehicle intended for operation shall apply to the

Department for a certificate of registration in the prescribed form.

Content of application

(2) Every application for a certificate of registration shall contain a full description of

the off-highway vehicle to be registered, including the name of the maker, the

make, model, year and full vehicle identification number of the vehicle, the

registration identification number of the vehicle, the full name and address of the

owner, together with the day, month and year of birth of the owner and such other

information as may be required by the Department and the applicant shall sign a

certificate certifying the information to be true.

Fee upon application

(3) Each application for a certificate of registration shall be accompanied by a fee as

prescribed by the approved

schedule of fees.

Exceptions

(4) This

Section does not apply to

(

a) dealers in off-highway vehicles who are keeping off-highway vehicles for

service testing or for demonstration purposes for sale or resale;

(

b) persons who are registered Indians under the Indian Act (Canada) and who

operate off-highway vehicles solely on reserves as defined in the Indian Act

(Canada).

Dealer plate

(1) Every dealer in off-highway vehicles who is keeping off-highway vehicles for

service testing or demonstration purposes for sale or resale shall apply to the

Department for a dealer’s plate and such application shall be in the prescribed

form.

(2) Every application for a dealer’s licence shall contain

(

a) the firm name under which the applicant dealer transacts business and

whether or not the applicant dealer is carrying on business as a sole

proprietorship, a partnership or a body corporate.

(

b) the address of the principal place of business of the applicant dealer;

(

c) the address or addresses of all other established places of business of the

applicant dealer;

(

d) the names and home addresses of the sole proprietor, partners or corporate

officers of the firm by which the applicant dealer is doing business;

(

e) the make of manufacture of the new off-highway vehicles being distributed

or sold by the applicant dealer; and

(

f) such other information as the Department may require.

Licence fee

(3) Every application for a dealer’s licence shall be accompanied by a fee as approved

in the current

schedule of fees.

(4) Upon receipt of the required fee and subject to the provisions of this [the] Act, the

Department may issue to the applicant a dealer’s licence.

(5) Subject to the provisions of this Act, the Department may issue to the applicant

dealer a dealer’s plate in the prescribed form. The fee for this dealer’s plate shall

be the fee as approved in the current

schedule of fees.

(6) Every dealer who has been assigned a dealer’s plate shall affix such plate to every

unregistered off-highway vehicle being service tested or demonstrated for sale or

resale and upon such plate being affixed to an off-highway vehicle shall be deemed

to be registered for the purpose of this Act for the registration year for dealers.

Dealer’s records

(7) Every dealer in off-highway vehicles who has been granted a dealer plate shall

maintain at all times at his principal place of business a record and a description of

every off-highway vehicle he is keeping for sale or resale and shall also keep a

record of the name and address of the purchaser of every off-highway vehicle sold.

(8) The records kept by a dealer pursuant to subsection (7) shall be made available to

and open to inspection by a peace officer upon demand.

(9) Every dealer who violates subsection (7) or (8) shall be guilty of an offence.

(10 ) If a dealer does not comply with a provision of subsection (7) or (8) or regulations

made under it, the Registrar may suspend for a period of three months the dealer

plate, and no off-highway vehicle kept by a dealer whose plate has been suspended

shall be deemed to be registered for the purposes of this Act during the period of

suspension.

Registration year

(11) The registration year for dealers shall begin on the first day of January of each year

and shall expire annually on the thirty-first day of December.

Renewal fee

(12) Each application for a dealer’s licence shall be renewed annually upon application

by the dealer and each such application shall be accompanied by a fee as approved

in the current

schedule of fees.

Form of certificate of registration

(1) Subject to the provisions of this Act, the Department may issue to the applicant a

certificate of registration and such certificate of registration may be in the

prescribed form.

Content of certificate of registration

(2) A certificate of registration issued by the Department shall contain the full vehicle

identification number and the name and address of the owner of the off-highway

vehicle and such other information as may be required by the Department.

(3) The Department shall issue a registration permit in the prescribed form and

containing such information as determined to be necessary by the Department.

Interim registration permit

(4) The Department may issue an interim permit in the prescribed form and containing

such information as determined to be necessary by the Department upon the same

registration is issued pursuant to subsection (3).

Registration year

(5) Every off-highway vehicle registration issued under this Act shall expire on the

date specified on the registration permit.

Annual renewal

(6) Each registration permit shall be renewed annually upon application by the owner

of the off-highway vehicle and each such application shall be accompanied by a

fee as approved in the current

schedule of fees.

(7) On receipt of a renewal application and fee under subsection (6), the Department

may issue a re-validation sticker in the form approved by the Minister as proof that

the registration permit for the OHV has been renewed.

(8) A re-validation sticker must be displayed on an OHV in a manner and location

approved by the Minister.

Transfer of ownership

(1) An owner of an off-highway vehicle who has registered the vehicle pursuant to this

Act and regulations and who desires to transfer ownership by way of sale or other

means shall complete a certificate of registration.

Duty of transferee

(2) A person to whom an off-highway vehicle is transferred pursuant to subsection

(1) shall, if he intends to operate or permit the operation of such vehicle, complete a

new application for registration form.

Content of application for registration by transferee

(3) The application for registration referred to in subsection (2) shall be treated by the

Department as an original application for a certificate of registration and shall

contain, in addition to all the information listed in [sub]section 1(2) of these

regulations, the name, address and day, month and year of birth of the previous

owner and the off-highway vehicle registration identification number registered to

and regulations applicable to an original application for a certificate of registration.

Fees payable by transferee

(4) Every such application for a new certificate of registration in respect of a transfer

of ownership of an off-highway vehicle shall be accompanied by a fee as approved

in the current

schedule of fees.

(5) The onus of proof that an application for a certificate of registration has been made

shall at all times be on the applicant.

Refusal of certificate

(1) If the Department determines that an applicant for a certificate of registration of an

off-highway vehicle is not entitled thereto, the Department may refuse to issue the

certificate or to register the vehicle, and in that event unless the Registrar reverses

that decision or his decision is reversed by the Minister, the applicant shall have no

further right to apply for a certificate of registration on the statements in the

application. The Registrar may for a like reason after notice and hearing cancel

registration already acquired or revoke any outstanding certificate or registration.

The notice shall be served in person or by certified mail.

Appeal from decision of registrar

(2) An appeal shall lie from any refusal of the Registrar to issue a certificate of

registration or from any revocation of an outstanding certificate of registration to

the Minister, whose decision shall be final.

Offence to make false statement

(3) Every person who makes a false statement in any application shall be guilty of an

offence.

Suspension of certificate of registration

(4) If a person does not conform to or comply with the Off-Highway Vehicle Act or

regulations made pursuant to this Act, the Registrar may suspend the certificate of

registration, the registration identification number and the permit issued to that

person.

Registration identification number

(1) The Department shall issue a registration identification number to a person who

has been issued a permit and such registration identification number shall be in the

prescribed form.

How means of registration identification number attached

(2) The registered owner of the off-highway vehicle shall attach the registration

identification number in such place as the Registrar may direct.

Duplicate certificates or registration identification number or permit

(1) The Department may, upon being satisfied that any certificate of registration or the

registration identification number or the permit has been lost, destroyed, mutilated

or rendered illegible and after the application has been made by the person entitled

thereto upon the form prescribed, issue a duplicate or replacement certificate of

registration, registration identification number or permit.

Fee for duplicates

(2) Every application for a duplicate or replacement certificate of registration,

registration identification number or permit shall be accompanied by a fee as

approved in the current

schedule of fees.

New vehicle identification number

(1) When an off-highway vehicle has been altered or rebuilt and its vehicle

identification number has been removed or when no such number can be found on

an off-highway vehicle, the Department may authorize that the original number be

replaced or reproduced or may assign a special number for the off-highway

vehicle.

(2) When the Department assigns a special number to an off-highway vehicle, the

owner of the off-highway vehicle shall pay the Department a fee as approved by

the current

schedule of fees and shall stamp the number on the off-highway vehicle

as directed by the Department. This special number shall become the vehicle

identification number of the off-highway vehicle.

Offence to alter or deface vehicle identification number

9 Except as provided in

Section 8, any person who defaces, destroys or alters the vehicle

identification number of an off-highway vehicle or places or stamps a vehicle

identification number upon an off-highway vehicle shall be guilty of an offence.

Fees for search of title

10 Every application for a search of registration records shall be in the prescribed form and

shall be accompanied by a fee as approved by the current

schedule of fees per off-highway vehicle searched.

Safety helmet standards

(1) The minimum standards for off-highway vehicle safety helmets shall be those

contained in any of the following standards which by this reference are made a part

hereof:

CSA Standard D230-1970

British Standards Institution Standard 1869

(1960) British Standards Institution Standard 2001

(1956) Standards for Protective Headgear - 1970, Snell Memorial Foundation

(Order in Council 71-1265, December 21, 1971)

“United States of America Federal Motor Vehicle Safety Standard 218”

(Order in Council 79-1578, December 4, 1979)

12 The forms to be used pursuant to the Act and these regulations are those set out in

Appendix “A”, or forms to like effect to suit the circumstances.

Controlled access highways

13 No person shall operate or drive an off-highway vehicle upon or across a roadway,

shoulder or median of a highway designated as a controlled access highway pursuant to

the Public Highways Act except as authorized under the Road Trails Act .

Exemptions

14 (1) Subsection 4(1) of the Act and the registration requirements of these regulations do

not apply to a person who operates an off-highway vehicle only on

(

a) land owned or occupied by that person; or

(

b) land owned or occupied by a person who is

(

i) related by blood or marriage to that person,

(ii) in a common law relationship with that person, or

(iii) a registered domestic partner of that person under the Vital Statistics

Act .

(2) All persons are exempt from the application of

Section 12E of the Act.

Recognized clubs and associations

(1) The Minister may recognize a club or association for the purpose of

Section 14 of

the Act and must keep a current list of recognized clubs and associations.

(2) The Minister may revoke the recognition of a club or association for any reason the

Minister considers appropriate.

(3) A recognition or a revocation of recognition must be in the form of a letter to the

club or association.

No compensation for revoking recognition

15A A person is not entitled to compensation, financial or otherwise, for any losses that result

directly or indirectly from the revocation of the recognition of a club or association.

[Deemed permission to use established trail]

(1) Despite

Section 14 of the Act, permission to operate an OHV on private land that

is part of an established trail is deemed to have been given unless the landowner

erects a sign prohibiting the use of OHVs on their land.

(2) Subsection (1) does not apply to permit any use that is, or would have been at the

time the trail was established, prohibited under Sections 12A, 12B, 12C or 12F of

the Act.

________________________________________________________________

Appendix “A”

[Note: The forms contained in Appendix “A” are not available in this format. Contact the Office of the

Registrar of Regulations for more information or to obtain a copy.]

Legislative History

Reference Tables

Off-highway Vehicles General Regulations

N.S. Reg.

13/1988

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 General 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

13/1988

Feb 1, 1988

date specified

Feb 11, 1988

191/1988

Sep 13, 1988

date made

Sep 22, 1988

42/2006

Apr 1, 2006

date specified

Apr 14, 2006

225/2006

Dec 8, 2006

date specified

Dec 22, 2006

187/2007

Mar 28, 2007

date filed

Apr 13, 2007

208/2007

Apr 4, 2007

date filed

Apr 27, 2018

170/2018

Sep 24, 2018

date specified

Oct 12, 2018

174/2023

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

1 ........................................................

ra. as 1A 42/2006

1 ........................................................

ad. 42/2006 1

1A .....................................................

ra. from 1 42/2006; ra. as 1B

225/2006

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

rs . 42/2006

1A .....................................................

ad. 225/2006 ; rs .

187/2007

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

am.

170/2018 (clause lettering removed)

1 A( 1), defn .

of “highway” ..........

am.

170/2018

1B .....................................................

ra. from 1A 225/2006

3(7)-(8) .............................................

ad. 170/2018

13 ......................................................

ad. 191/1988 ; am.

170/2018; rs . 174/2023

14 ......................................................

ad. 191/1988; rs . 42/2006

15-15A ..............................................

ad. 225/2006

16 ......................................................

ad. 187/2007

Note that changes to headings are not included

in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Short title added by N.S. Reg. 42/2006; regulations

previously untitled.

N.S. Reg. 208/2007 makes an amendment already made by

N.S. Reg. 187/2007.

The references to the Minister of Transportation and

Public Works and Department of Transportation and Public Works in the

definition of “highway” in subsection 1 A( 1) should

be read as references to the Minister of Transportation and Infrastructure

Renewal and Department of Transportation and Infrastructure Renewal in

accordance with Order in Council 2007-553 under the Public Service Act , R.S.N.S. 1989, c. 376. (Corrected by N.S. Reg. 170/2018.)

Oct. 23, 2007

The reference to the Minister of Natural Resources in

the definition of “highway” in s. 1 A( 1) 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. 170/2018.)

Jul 5, 2018

The references to the Department and Minister of

Transportation and Infrastructure Renewal in s. 1 A( 1)

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.

Feb 23, 2021

The references to the Department and Minister of

Transportation and Infrastructure Renewal in s. 1 A( 1)

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. 376.

Aug 31, 2021

The reference to the Minister of Lands and Forestry in

the definition of “highway” in s. 1 A( 1) 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.