First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 45

AN ACT TO AMEND THE MOTORIZED SNOW VEHICLES AND ALL-TERRAIN VEHICLES ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE PAUL SHELLEY

Minister of Tourism, Culture and Recreation

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend

section 2 of the Motorized Snow Vehicles

and All-Terrain Vehicles Act by repealing and replacing

definitions of the

terms "minister" and "department" and by adding

definitions

of the terms "managed trail" and "motorized snow vehicle".

Clause 2 of the Bill would add a

proposed

section 20.1 to the Act to require that persons operating snowmobiles

on two managed trails in the province purchase a permit to do so from the

organizations that are maintaining and grooming those trails. This clause would further protect

municipalities, the Crown and its employees from liability with respect to activities

relating to those managed trails.

Clause 3 of the Bill would amend the

regulation making

section of the Act,

section 21, to allow the making of

regulations with respect to the operations and duties of the organizations that

are maintaining and grooming the managed trails. This clause would also add subsection 21(5) to

the Act to allow the organizations that issue managed trail permits to collect

and keep the fees collected for those permits.

A BILL

AN ACT TO AMEND THE MOTORIZED SNOW VEHICLES

AND ALL-TERRAIN VEHICLES ACT

Analysis

S.2 Amdt.

Definitions

S.20.1 Added

Prohibition re: snowmobile trails

S.21 Amdt.

Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL 1990 cM-20

as amended

(1) Paragraph 2(

b) of the Motorized Snow Vehicles and All-Terrain

Vehicles Act is repealed and the following substituted:

(b) "department" means the department

presided over by the minister;

(2) Paragraph 2(

d) of the Act is repealed and the

following substituted:

(d) "managed trail" means a motorized

snow vehicle trail constructed, maintained or operated by the Newfoundland and

Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc.

incorporated under the Corporations Act ;

(d.1) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(3) The Act is amended by adding immediately after

paragraph 2(

e) the following:

(e.1) "motorized snow vehicle" means a

tracked vehicle, commonly known as a snowmobile, where the driver sits astride

a seat and which is designed for operation over snow covered land and ice;

2. The Act is amended by adding immediately after

section 20 the following:

Prohibition re:

snowmobile trails

20.1

(1) A

person shall not operate a motorized snow vehicle on a managed trail in the

province except in accordance with the regulations.

(2) An action or other proceeding shall not lie

against an owner or occupier of land, a municipality, Her Majesty in Right of

the province, a Minister of the Crown, or an employee, officer or agent of them

for an injury, loss or damage suffered as a result of or arising out of a

person using, operating, riding or being towed by a motorized snow vehicle on a

managed trail.

(3) An action or other proceeding shall not lie

against Her Majesty in Right of the province, a Minister of the Crown, or an

employee, officer or agent of them

(

a) in respect of

an act done or omitted to be

done by them or another person in good faith in the execution or intended

execution of a duty or power under regulations made under paragraphs 21(1)(f.1)

to (f.5); and

(

b) in respect of a tort committed by the Newfoundland and

Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. or their

designates, employees or agents.

3. (1) Subsection 21(1) of the Act is amended

by adding immediately after paragraph (

f) the following:

(f.1) providing for the compulsory purchase of trail

use permits and identification of that purchase by the affixation of stickers

or other identifying markers to motorized snow vehicles operating on managed

trails established and maintained by specified bodies;

(f.2) establishing the duties and responsibilities

of bodies referred to in paragraph (f.1);

(f.3) providing for the exemption of persons,

groups, or other bodies from the application of regulations made with respect

to paragraphs (f.1) to (f.5);

(f.4) providing for the allocation of powers and

duties of bodies referred to in paragraph (f.1) to designates;

(f.5) requiring that the bodies referred to in

paragraph (f.1) obtain insurance;

(2) Section 21 of the Act is amended by adding

immediately after subsection (4) the following:

(5) For the purpose of regulations under paragraph

(f.1), the minister may authorize the charging of fees for trail use permits

and those fees shall not be considered to be public money for the purpose of

the Financial Administration Act .

Earl G. Tucker, Queen's Printer