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Part II .

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Identification Permits For Vehicles Transporting

Mobility Handicapped Persons Regulations

made under subsection 145(1) of the

Motor Vehicle Act

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

O.I.C. 86-1055, (September 2, 1986), N.S. Reg. 237/1986

amended to O.I.C. 2020-333 (effective December 15, 2020), N.S. Reg. 187/2020

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 .

Identification permits

Cancellation of identification permits

Reporting and return

Signs

Offences

1 In these regulations

“Act” means the Motor Vehicle Act ;

“applicant” means a person who applies for an identification permit under these

regulations;

“mobility handicapped person” means a person whose mobility is limited as a

result of permanent severe physical disability caused by paralysis, lower limb

amputation, heart or lung disease, or other debilitating impairment to the extent

that

(

i) the person is unable to propel himself without the aid of a wheelchair

or walker, or a combination of two of a crutch, cane, leg brace or leg

prosthesis, or

(ii) (

A) the daily use of a device to assist the person with breathing is

required, or

(

B) the person has a significant cardio-pulmonary condition which

results in severe shortness of breath with minimum physical

activity, or

(

C) the person has a severe neuro-muscular or skeletal condition,

and

because of any of the conditions described in paragraph (A), (B), or

(

C) is limited in mobility to 50 metres or less in outdoor weather

conditions, or

(iii) the person is legally blind in accordance with the definition of

blindness in the Blind Persons Act (Canada) as may be from time to

time amended;

“identification permit” means a permit issued under these regulations;

“Minister” means Minister of Transportation;

“nurse practitioner” means a nurse practitioner licensed under the Nursing Act ;

“Registrar” means Registrar of Motor Vehicles.

Identification permits

(1) Where a qualified medical practitioner or nurse practitioner certifies on a form

provided by the Minister that an applicant is a mobility handicapped person and

specifies

(

a) whether the handicap is permanent or temporary; and

(

b) if temporary, the anticipated length of time that the handicap is expected to

continue, if known,

the Registrar may issue an identification permit to the mobility handicapped

person.

(2) The Registrar may issue an identification permit to a visitor to Nova Scotia if the

visitor establishes to the satisfaction of the Registrar that

(

a) the visitor is the holder of a currently valid identification permit of number

plates bearing the International Symbol of Access issued by the visitor’s

home province, state or country; or

(

b) the visitor is a resident of another jurisdiction and is a mobility handicapped

person.

(3) The Registrar may issue an identification permit

(

a) to a corporation in respect of a number of vehicles that are owned or leased

by or operated on behalf of the corporation primarily to provide

transportation services to mobility handicapped persons; and

(

b) to an organization in respect of a number of vehicles that are owned or

leased by the organization and used on a non-profit basis to provide

transportation services to mobility handicapped persons.

(4) Every identification permit shall bear the International Symbol of Access and shall

be on a form and show information as the Registrar may determine.

(5) An identification permit issued pursuant to this

Section shall be valid

(

a) for a term of five years if a qualified medical practitioner or nurse

practitioner has certified that the handicap is permanent;

(

b) for the anticipated length of time of the handicap not exceeding a term of

six months, if a qualified medical practitioner or nurse practitioner has

certified that the handicap is temporary and has certified the anticipated

length of time that the handicap is expected to continue provided that an

extension not exceeding a term of six months may be granted by the

Registrar upon further certification by the medical practitioner or nurse

practitioner that the person has not recovered within the anticipated length

of time;

(

c) for the length of the visit by the visitor not exceeding a term of three months

if the identification permit is issued pursuant to subsection (2);

(

d) if issued to a corporation pursuant to clause (

a) of subsection (3), for a term

not exceeding five years that coincides with the contractual or other

obligations of the corporation to provide transportation services primarily to

mobility handicapped persons;

(

e) if issued to an organization pursuant to clause (

b) of subsection (3), for a

term not exceeding five years that the organization anticipates that it will be

transporting mobility handicapped persons,

unless the identification permit is cancelled under these regulations.

3 The person to whom an identification permit has been issued shall display the

identification permit in or on a vehicle in such place and in such manner as the Registrar

shall direct.

(1) Application for an identification permit shall be made to the Registrar in the form

prescribed by the Registrar.

(2) The applicant shall furnish such information as the Registrar may require.

(3) In the event that any identification permit issued under these regulations is lost,

mutilated or has become illegible, the Registrar may issue a duplicate or substitute

therefor upon application.

Cancellation of identification permits

5 The Registrar may cancel an identification permit if he is satisfied that

(

a) the applicant has violated any provisions of these regulations;

(

b) the applicant has made a false statement in an application;

(

c) the identification permit is used in violation of these regulations;

(

d) the identification permit is lost, stolen, mutilated, defaced, altered or has

become illegible; or

(

e) the permit is displayed in a vehicle stopped, left standing or parked in a

handicapped zone while the vehicle is not being used for the purpose of

transporting a mobility handicapped person;

(

f) the vehicle is used in violation of any provision of these regulations.

Reporting and return

(1) Where the identification permit is lost or stolen, the applicant to whom the

identification permit has been issued shall immediately notify the Registrar in

writing of the loss or theft.

(2) Where an identification permit is mutilated, defaced, altered or has become

illegible, the applicant to whom the identification permit has been issued shall

immediately notify the Registrar of the mutilation, defacement, alteration or

illegibility.

Signs

7 Where a sign is used to designate a handicapped zone, the sign shall state or represent

thereon such matters as the Minister shall determine.

Offences

8 It shall be an offence against these regulations for any person to commit any of the

following acts:

(

a) to stop, leave standing or park in a handicapped zone a vehicle in which an

identification permit is displayed unless the person stops, leaves standing or

parks the vehicle for the purpose of transporting a mobility handicapped

person;

(

b) to display or cause or permit to be displayed or to have in possession any

identification permit knowing same to have been cancelled;

(

c) to make a false statement in an application;

(

d) to fail to notify the Registrar as required pursuant to any of the provisions of

Section 6;

(

e) to mutilate, deface or alter any identification permit.

9 Notwithstanding any other provisions of these regulations, where a special number plate

is issued and assigned to a vehicle under the Regulations Respecting Registration of

Mobility Handicapped Persons’ Vehicles made pursuant to

Section 10 of the Act and the

special number plate is displayed upon the vehicle, the special number plate shall be

deemed to be an identification permit

(

a) to the extent

(

i) that the mobility handicapped person to whom the special number

plate is issued may stop, leave standing or park the vehicle in a

handicapped zone,

(ii) that any other person may stop, leave standing or park the vehicle in

a handicapped zone where the person stops, leaves standing or parks

the vehicle for the purpose of transporting a mobility handicapped

person; and

(

b) for the purposes of Sections 5, 6 and 8 of these regulations.

Legislative History

Reference Tables

Identification Permits for Vehicles Transporting

Mobility Handicapped Persons Regulations

N.S. Reg.

237/1986

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 Identification Permits for Vehicles Transporting Mobility

Handicapped Persons 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

237/1986

Sep 2,

date

made

Sep

25, 1986

211/1988

Oct

12, 1988

date

made

203/1992

Sep

22, 1992

date

specified

Oct 16

187/2020

Dec 15, 2020

date specified

Jan 1, 2021

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

am. 187/2020 (clause lettering removed)

1, defn .

of “nurse practitioner” ......

ad. 187/2020

2 ........................................................

rs . 203/1992

2(1) ................................................

am. 187/2020

2(5)(a)-(b) ......................................

am. 187/2020

9 ........................................................

am. 211/1988

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 Transportation 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. 376.

Apr 1, 2014

The reference to the Minister of Transportation 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 Transportation 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 Transportation 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. 376.

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.