Acts and Regulations

O-1.5 - Off-Road Vehicle Act

Section 7.4
Disposition versions

Full text
Location of snowmobile managed trails
2020, c.16, s.3
7.4(1)No snowmobile trail manager and no person or association acting on behalf of the snowmobile trail manager shall groom a snowmobile managed trail, identify a trail as a snowmobile managed trail by posting or erecting signs or otherwise administer, control or operate a snowmobile managed trail
(a) on private land, unless the snowmobile trail manager has first obtained the written consent or verbal consent of the person entitled to withhold consent with respect to the land on which the trail is situated, authorizing the use of the trail as a snowmobile managed trail,
(b) on municipal land, unless the snowmobile trail manager has first obtained the written consent of the municipality that owns or leases the land, authorizing the use of the trail as a snowmobile managed trail,
(c) on Crown Lands, unless the snowmobile trail manager has first obtained a lease, a licence of occupation issued under the Crown Land and Forests Act or a licence granted under the Parks Act from the Crown in right of the Province, authorizing the use of the trail as a snowmobile managed trail, and
(d) on a highway as defined under the Highway Act, unless the snowmobile trail manager has first obtained a highway usage permit under that Act, authorizing the use of the highway or any part of it as a snowmobile managed trail.
7.4(1.1)No snowmobile trail manager and no person or association acting on behalf of the snowmobile trail manager shall construct a snowmobile managed trail within 25 metres of a private residence unless the snowmobile trail manager or person or association acting on behalf of the snowmobile trail manager has first obtained the written consent or verbal consent of the person entitled to withhold consent with respect to the land on which the private residence is situated.
7.4(2)The written consent or lease, as the case may be, shall include
(a) terms establishing the rights and obligations of the consenting party or the Crown in right of the Province, as the case may be, in relation to withdrawal of the consent or cancellation of the lease, and any rights and obligations of the parties where the consent is withdrawn or the lease is cancelled, and
(b) a description of any other conditions that apply to either party in relation to the consent or lease.
7.4(3)Terms and conditions referred to in subsection (2) may vary as between different written consents or leases.
7.4(4)A verbal consent referred to in this section shall be witnessed by at least two persons acting on behalf of the snowmobile trail manager and verified by both by affidavit.
7.4(5)An affidavit referred to in subsection (4) shall include
(a) a description of any conditions that apply to either party in relation to the verbal consent, and
(b) the name of the person entitled to withhold consent with respect to the land on which the trail is to be situated and the date and time the consent was given.
7.4(6)The snowmobile trail manager or person acting on behalf of the snowmobile trail manager shall immediately forward a copy of the affidavit, or any amendment made to the affidavit, to the Registrar.
7.4(7)The verbal consent may be amended or withdrawn upon reasonable notice.
2000, c.50, s.3; 2003, c.7, s.8; 2013, c.33, s.4; 2020, c.16, s.3
Location of motorized snow vehicle managed trails
7.4(1)No motorized snow vehicle trail manager and no person or association acting on behalf of the motorized snow vehicle trail manager shall groom a motorized snow vehicle managed trail, identify a trail as a motorized snow vehicle managed trail by posting or erecting signs or otherwise administer, control or operate a motorized snow vehicle managed trail
(a) on private land, unless the motorized snow vehicle trail manager has first obtained the written consent or verbal consent of the person entitled to withhold consent with respect to the land on which the trail is situated, authorizing the use of the trail as a motorized snow vehicle managed trail,
(b) on municipal land, unless the motorized snow vehicle trail manager has first obtained the written consent of the municipality that owns or leases the land, authorizing the use of the trail as a motorized snow vehicle managed trail,
(c) on Crown Lands, unless the motorized snow vehicle trail manager has first obtained a lease, a licence of occupation issued under the Crown Land and Forests Act or a licence granted under the Parks Act from the Crown in right of the Province, authorizing the use of the trail as a motorized snow vehicle managed trail, and
(d) on a highway as defined under the Highway Act, unless the motorized snow vehicle trail manager has first obtained a highway usage permit under that Act, authorizing the use of the highway or any part of it as a motorized snow vehicle managed trail.
7.4(1.1)No motorized snow vehicle trail manager and no person or association acting on behalf of the motorized snow vehicle trail manager shall construct a motorized snow vehicle managed trail within 25 metres of a private residence unless the motorized snow vehicle trail manager or person or association acting on behalf of the motorized snow vehicle trail manager has first obtained the written consent or verbal consent of the person entitled to withhold consent with respect to the land on which the private residence is situated.
7.4(2)The written consent or lease, as the case may be, shall include
(a) terms establishing the rights and obligations of the consenting party or the Crown in right of the Province, as the case may be, in relation to withdrawal of the consent or cancellation of the lease, and any rights and obligations of the parties where the consent is withdrawn or the lease is cancelled, and
(b) a description of any other conditions that apply to either party in relation to the consent or lease.
7.4(3)Terms and conditions referred to in subsection (2) may vary as between different written consents or leases.
7.4(4)A verbal consent referred to in this section shall be witnessed by at least two persons acting on behalf of the motorized snow vehicle trail manager and verified by both by affidavit.
7.4(5)An affidavit referred to in subsection (4) shall include
(a) a description of any conditions that apply to either party in relation to the verbal consent, and
(b) the name of the person entitled to withhold consent with respect to the land on which the trail is to be situated and the date and time the consent was given.
7.4(6)The motorized snow vehicle trail manager or person acting on behalf of the motorized snow vehicle trail manager shall immediately forward a copy of the affidavit, or any amendment made to the affidavit, to the Registrar.
7.4(7)The verbal consent may be amended or withdrawn upon reasonable notice.
2000, c.50, s.3; 2003, c.7, s.8; 2013, c.33, s.4
Motorized snow vehicle managed trails
7.4(1)No motorized snow vehicle trail manager and no person or association acting on behalf of the motorized snow vehicle trail manager shall groom a motorized snow vehicle managed trail, identify a trail as a motorized snow vehicle managed trail by posting or erecting signs or otherwise administer, control or operate a motorized snow vehicle managed trail
(a) on private land, unless the motorized snow vehicle trail manager has first obtained the written consent of the person entitled to withhold consent with respect to the land on which the trail is situated, authorizing the use of the trail as a motorized snow vehicle managed trail,
(b) on municipal land, unless the motorized snow vehicle trail manager has first obtained the written consent of the municipality that owns or leases the land, authorizing the use of the trail as a motorized snow vehicle managed trail,
(c) on Crown Lands, unless the motorized snow vehicle trail manager has first obtained a lease from the Crown in right of the Province, authorizing the use of the trail as a motorized snow vehicle managed trail, and
(d) on a highway as defined under the Highway Act, unless the motorized snow vehicle trail manager has first obtained a highway usage permit under that Act, authorizing the use of the highway or any part of it as a motorized snow vehicle managed trail.
7.4(1.1)No motorized snow vehicle trail manager and no person or association acting on behalf of the motorized snow vehicle trail manager shall construct a motorized snow vehicle managed trail within 25 metres of a private residence unless the motorized snow vehicle trail manager or person or association acting on behalf of the motorized snow vehicle trail manager has first obtained the written consent of the person entitled to withhold consent with respect to the land on which the private residence is situated.
7.4(2)The written consent or lease, as the case may be, shall include
(a) terms establishing the rights and obligations of the consenting party or the Crown in right of the Province, as the case may be, in relation to withdrawal of the consent or cancellation of the lease, and any rights and obligations of the parties where the consent is withdrawn or the lease is cancelled, and
(b) a description of any other conditions that apply to either party in relation to the consent or lease.
7.4(3)Terms and conditions referred to in subsection (2) may vary as between different written consents or leases.
2000, c.50, s.3; 2003, c.7, s.8