Motorized snow vehicle managed trails
7.2(1)The Minister of Tourism, Heritage and Culture may appoint a person or an association as a motorized snow vehicle trail manager.
7.2(2)The motorized snow vehicle trail manager is not an agent of the Crown in right of the Province.
7.2(3)The Minister of Tourism, Heritage and Culture may enter into an agreement with the motorized snow vehicle trail manager, which may include provisions
(a)
authorizing the motorized snow vehicle trail manager to receive and process applications for motorized snow vehicle trail permits and to issue and replace motorized snow vehicle trail permits,
(b)
authorizing the motorized snow vehicle trail manager to determine the form and manner in which applications for motorized snow vehicle trail permits are made, to determine the form of, manner of issuance of and classes of motorized snow vehicle trail permits, to establish conditions that apply in relation to the issuance, holding, replacement and use of motorized snow vehicle trail permits and to establish the period of validity of classes of motorized snow vehicle trail permits,
(c)
authorizing the motorized snow vehicle trail manager to establish fees annually, with the written approval of the Minister of Tourism, Heritage and Culture, for the issuance and replacement of motorized snow vehicle trail permits, which fees may vary according to the class of motorized snow vehicle trail permit and according to the date of issuance,
(d)
authorizing the motorized snow vehicle trail manager to receive and retain for the purposes set out in the agreement the fees established under paragraph (c),
(e)
authorizing the motorized snow vehicle trail manager to establish guidelines upon which persons or classes of persons may be exempted from the requirement to pay any fee established under paragraph (c),
(f)
authorizing the motorized snow vehicle trail manager to issue a motorized snow vehicle trail permit, without payment of a fee established under paragraph (c), to any person who is exempt from payment of the fee,
(g)
authorizing the motorized snow vehicle trail manager to allocate and distribute the funds derived from fees established under paragraph (c) in accordance with the guidelines set out in the agreement,
(h)
authorizing and requiring the motorized snow vehicle trail manager to supervise, construct, maintain by grooming or otherwise, administer, control and operate motorized snow vehicle managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near motorized snow vehicle managed trails in accordance with any guidelines or requirements that may be set out in the agreement,
(i)
establishing the standards to be met for signage to be posted, erected or maintained on and removed from motorized snow vehicle managed trails,
(j)
establishing the kind, term, amount and form of liability insurance that the motorized snow vehicle trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Tourism, Heritage and Culture and establishing which persons or associations are to be insured, the manner of disposition of the proceeds of the insurance and any other matter in relation to the insurance,
(k)
establishing requirements to be met by the motorized snow vehicle trail manager and any person or association acting on behalf of the motorized snow vehicle trail manager in relation to the keeping of records and other information and in relation to the submission of reports and other information to the Minister of Tourism, Heritage and Culture,
(l)
establishing requirements for accounting by the motorized snow vehicle trail manager and by any person or association acting on behalf of the motorized snow vehicle trail manager in relation to the execution of the duties or the exercise of the powers given to the motorized snow vehicle trail manager under this Act,
(m)
establishing requirements in relation to auditing, by an auditor approved by the Minister of Tourism, Heritage and Culture, of the financial statements of the motorized snow vehicle trail manager and of any person or association acting on behalf of the motorized snow vehicle trail manager that relate to the execution of the duties or the exercise of the powers given to the motorized snow vehicle trail manager under this Act,
(n)
authorizing the motorized snow vehicle trail manager to give to associations of operators of off-road vehicles and their members, written authority to operate an off-road vehicle, other than a motorized snow vehicle, on a bridge, overpass, underpass or roadway or railway crossing, on the access to any of them or to services, or in an emergency, on a motorized snow vehicle managed trail in accordance with any conditions set out in the written authority,
(o)
establishing the circumstances under which the Minister of Tourism, Heritage and Culture or the motorized snow vehicle trail manager may suspend or cancel the agreement,
(p)
authorizing the motorized snow vehicle trail manager to subdelegate to another person or association any of the duties or powers given to the motorized snow vehicle trail manager under paragraphs (a), (d), (f) and (h), and
(q)
setting out any other duty or power of the motorized snow vehicle trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the motorized snow vehicle trail manager to subdelegate that duty or power to another person or association.
7.2(4)Fees received and retained under a valid agreement made under this section by the motorized snow vehicle trail manager or a person or association acting on behalf of the motorized snow vehicle trail manager in relation to the issuance or replacement of motorized snow vehicle trail permits are not public money for the purposes of the
Financial Administration Act.
7.2(5)Notwithstanding any other provision of this Act, at any time when no motorized snow vehicle trail manager is appointed and at any time when there is no valid agreement made with the motorized snow vehicle trail manager under this section, the Minister of Tourism, Heritage and Culture or a person designated to act on behalf of that Minister may, in that Minister’s or designate’s absolute discretion, execute any of the duties or exercise any of the powers that are given or may be given to the motorized snow vehicle trail manager under this Act.
2000, c.50, s.3; 2003, c.7, s.6; 2012, c.39, s.104; 2012, c.52, s.37