Acts and Regulations

O-1.5 - Off-Road Vehicle Act

Section 7.8
Disposition versions

Full text
All-terrain vehicle trail manager
7.8(1)The Minister of Natural Resources and Energy Development may appoint a person or an association as an all-terrain vehicle trail manager.
7.8(2)The all-terrain vehicle trail manager is not an agent of the Crown in right of the Province.
7.8(3)The Minister of Natural Resources and Energy Development may enter into an agreement with the all-terrain vehicle trail manager, which may include provisions
(a) authorizing the all-terrain vehicle trail manager to receive and process applications for all-terrain vehicle trail permits and to issue and replace all-terrain vehicle trail permits,
(b) authorizing the all-terrain vehicle trail manager to determine the form and manner in which applications for all-terrain vehicle trail permits are made, to determine the form of, manner of issuance of and classes of all-terrain vehicle trail permits, to establish conditions that apply in relation to the issuance, holding, replacement and use of all-terrain vehicle trail permits and to establish the period of validity of classes of all-terrain vehicle trail permits,
(c) authorizing the all-terrain vehicle trail manager to establish fees annually, with the written approval of the Minister of Natural Resources and Energy Development, for the issuance and replacement of all-terrain vehicle trail permits, which fees may vary according to the class of all-terrain vehicle trail permit and according to the date of issuance,
(d) authorizing the all-terrain vehicle trail manager to receive and retain for the purposes set out in the agreement the fees established under paragraph (c),
(e) authorizing the all-terrain 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 all-terrain vehicle trail manager to issue an all-terrain 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 all-terrain 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 all-terrain vehicle trail manager to supervise, construct, groom or otherwise maintain, administer, control and operate all-terrain vehicle managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near all-terrain 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 all-terrain vehicle managed trails,
(j) establishing the kind, term, amount and form of liability insurance that the all-terrain vehicle trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Natural Resources and Energy Development 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 all-terrain vehicle trail manager and any person or association acting on behalf of the all-terrain 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 Natural Resources and Energy Development,
(l) establishing requirements for accounting by the all-terrain vehicle trail manager and by any person or association acting on behalf of the all-terrain vehicle trail manager in relation to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,
(m) establishing requirements in relation to auditing, by an auditor approved by the Minister of Natural Resources and Energy Development, of the financial statements of the all-terrain vehicle trail manager and of any person or association acting on behalf of the all-terrain vehicle trail manager that relate to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,
(n) authorizing the all-terrain 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 an all-terrain 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 an all-terrain vehicle managed trail in accordance with any conditions set out in the written authority,
(o) establishing the circumstances under which the Minister of Natural Resources and Energy Development or the all-terrain vehicle trail manager may suspend or cancel the agreement,
(p) authorizing the all-terrain vehicle trail manager to subdelegate to another person or association any of the duties or powers given to the all-terrain vehicle trail manager under paragraphs (a), (d), (f) and (h), and
(q) setting out any other duty or power of the all-terrain vehicle trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the all-terrain vehicle trail manager to subdelegate that duty or power to another person or association.
7.8(4)Fees received and retained under a valid agreement made under this section by the all-terrain vehicle trail manager or a person or association acting on behalf of the all-terrain vehicle trail manager in relation to the issuance or replacement of all-terrain vehicle trail permits are not public money for the purposes of the Financial Administration Act.
7.8(5)Notwithstanding any other provision of this Act, at any time when no all-terrain vehicle trail manager is appointed and at any time when there is no valid agreement made with the all-terrain vehicle trail manager under this section, the Minister of Natural Resources and Energy Development 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 all-terrain vehicle trail manager under this Act.
2003, c.7, s.10; 2004, c.20, s.42; 2004, c.20, s.43; 2016, c.37, s.127; 2019, c.29, s.192
All-terrain vehicle managed trails
7.8(1)The Minister of Energy and Resource Development may appoint a person or an association as an all-terrain vehicle trail manager.
7.8(2)The all-terrain vehicle trail manager is not an agent of the Crown in right of the Province.
7.8(3)The Minister of Energy and Resource Development may enter into an agreement with the all-terrain vehicle trail manager, which may include provisions
(a) authorizing the all-terrain vehicle trail manager to receive and process applications for all-terrain vehicle trail permits and to issue and replace all-terrain vehicle trail permits,
(b) authorizing the all-terrain vehicle trail manager to determine the form and manner in which applications for all-terrain vehicle trail permits are made, to determine the form of, manner of issuance of and classes of all-terrain vehicle trail permits, to establish conditions that apply in relation to the issuance, holding, replacement and use of all-terrain vehicle trail permits and to establish the period of validity of classes of all-terrain vehicle trail permits,
(c) authorizing the all-terrain vehicle trail manager to establish fees annually, with the written approval of the Minister of Energy and Resource Development, for the issuance and replacement of all-terrain vehicle trail permits, which fees may vary according to the class of all-terrain vehicle trail permit and according to the date of issuance,
(d) authorizing the all-terrain vehicle trail manager to receive and retain for the purposes set out in the agreement the fees established under paragraph (c),
(e) authorizing the all-terrain 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 all-terrain vehicle trail manager to issue an all-terrain 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 all-terrain 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 all-terrain vehicle trail manager to supervise, construct, groom or otherwise maintain, administer, control and operate all-terrain vehicle managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near all-terrain 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 all-terrain vehicle managed trails,
(j) establishing the kind, term, amount and form of liability insurance that the all-terrain vehicle trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Energy and Resource Development 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 all-terrain vehicle trail manager and any person or association acting on behalf of the all-terrain 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 Energy and Resource Development,
(l) establishing requirements for accounting by the all-terrain vehicle trail manager and by any person or association acting on behalf of the all-terrain vehicle trail manager in relation to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,
(m) establishing requirements in relation to auditing, by an auditor approved by the Minister of Energy and Resource Development, of the financial statements of the all-terrain vehicle trail manager and of any person or association acting on behalf of the all-terrain vehicle trail manager that relate to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,
(n) authorizing the all-terrain 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 an all-terrain 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 an all-terrain vehicle managed trail in accordance with any conditions set out in the written authority,
(o) establishing the circumstances under which the Minister of Energy and Resource Development or the all-terrain vehicle trail manager may suspend or cancel the agreement,
(p) authorizing the all-terrain vehicle trail manager to subdelegate to another person or association any of the duties or powers given to the all-terrain vehicle trail manager under paragraphs (a), (d), (f) and (h), and
(q) setting out any other duty or power of the all-terrain vehicle trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the all-terrain vehicle trail manager to subdelegate that duty or power to another person or association.
7.8(4)Fees received and retained under a valid agreement made under this section by the all-terrain vehicle trail manager or a person or association acting on behalf of the all-terrain vehicle trail manager in relation to the issuance or replacement of all-terrain vehicle trail permits are not public money for the purposes of the Financial Administration Act.
7.8(5)Notwithstanding any other provision of this Act, at any time when no all-terrain vehicle trail manager is appointed and at any time when there is no valid agreement made with the all-terrain vehicle trail manager under this section, the Minister of Energy and Resource Development 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 all-terrain vehicle trail manager under this Act.
2003, c.7, s.10; 2004, c.20, s.42; 2004, c.20, s.43; 2016, c.37, s.127
All-terrain vehicle managed trails
7.8(1)The Minister of Natural Resources may appoint a person or an association as an all-terrain vehicle trail manager.
7.8(2)The all-terrain vehicle trail manager is not an agent of the Crown in right of the Province.
7.8(3)The Minister of Natural Resources and Energy may enter into an agreement with the all-terrain vehicle trail manager, which may include provisions
(a) authorizing the all-terrain vehicle trail manager to receive and process applications for all-terrain vehicle trail permits and to issue and replace all-terrain vehicle trail permits,
(b) authorizing the all-terrain vehicle trail manager to determine the form and manner in which applications for all-terrain vehicle trail permits are made, to determine the form of, manner of issuance of and classes of all-terrain vehicle trail permits, to establish conditions that apply in relation to the issuance, holding, replacement and use of all-terrain vehicle trail permits and to establish the period of validity of classes of all-terrain vehicle trail permits,
(c) authorizing the all-terrain vehicle trail manager to establish fees annually, with the written approval of the Minister of Natural Resources, for the issuance and replacement of all-terrain vehicle trail permits, which fees may vary according to the class of all-terrain vehicle trail permit and according to the date of issuance,
(d) authorizing the all-terrain vehicle trail manager to receive and retain for the purposes set out in the agreement the fees established under paragraph (c),
(e) authorizing the all-terrain 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 all-terrain vehicle trail manager to issue an all-terrain 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 all-terrain 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 all-terrain vehicle trail manager to supervise, construct, groom or otherwise maintain, administer, control and operate all-terrain vehicle managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near all-terrain 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 all-terrain vehicle managed trails,
(j) establishing the kind, term, amount and form of liability insurance that the all-terrain vehicle trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Natural Resources 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 all-terrain vehicle trail manager and any person or association acting on behalf of the all-terrain 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 Natural Resources,
(l) establishing requirements for accounting by the all-terrain vehicle trail manager and by any person or association acting on behalf of the all-terrain vehicle trail manager in relation to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,
(m) establishing requirements in relation to auditing, by an auditor approved by the Minister of Natural Resources, of the financial statements of the all-terrain vehicle trail manager and of any person or association acting on behalf of the all-terrain vehicle trail manager that relate to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,
(n) authorizing the all-terrain 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 an all-terrain 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 an all-terrain vehicle managed trail in accordance with any conditions set out in the written authority,
(o) establishing the circumstances under which the Minister of Natural Resources or the all-terrain vehicle trail manager may suspend or cancel the agreement,
(p) authorizing the all-terrain vehicle trail manager to subdelegate to another person or association any of the duties or powers given to the all-terrain vehicle trail manager under paragraphs (a), (d), (f) and (h), and
(q) setting out any other duty or power of the all-terrain vehicle trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the all-terrain vehicle trail manager to subdelegate that duty or power to another person or association.
7.8(4)Fees received and retained under a valid agreement made under this section by the all-terrain vehicle trail manager or a person or association acting on behalf of the all-terrain vehicle trail manager in relation to the issuance or replacement of all-terrain vehicle trail permits are not public money for the purposes of the Financial Administration Act.
7.8(5)Notwithstanding any other provision of this Act, at any time when no all-terrain vehicle trail manager is appointed and at any time when there is no valid agreement made with the all-terrain vehicle trail manager under this section, the Minister of Natural Resources 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 all-terrain vehicle trail manager under this Act.
2003, c.7, s.10; 2004, c.20, s.42; 2004, c.20, s.43
All-terrain vehicle managed trails
7.8(1)The Minister of Natural Resources may appoint a person or an association as an all-terrain vehicle trail manager.
7.8(2)The all-terrain vehicle trail manager is not an agent of the Crown in right of the Province.
7.8(3)The Minister of Natural Resources and Energy may enter into an agreement with the all-terrain vehicle trail manager, which may include provisions
(a) authorizing the all-terrain vehicle trail manager to receive and process applications for all-terrain vehicle trail permits and to issue and replace all-terrain vehicle trail permits,
(b) authorizing the all-terrain vehicle trail manager to determine the form and manner in which applications for all-terrain vehicle trail permits are made, to determine the form of, manner of issuance of and classes of all-terrain vehicle trail permits, to establish conditions that apply in relation to the issuance, holding, replacement and use of all-terrain vehicle trail permits and to establish the period of validity of classes of all-terrain vehicle trail permits,
(c) authorizing the all-terrain vehicle trail manager to establish fees annually, with the written approval of the Minister of Natural Resources, for the issuance and replacement of all-terrain vehicle trail permits, which fees may vary according to the class of all-terrain vehicle trail permit and according to the date of issuance,
(d) authorizing the all-terrain vehicle trail manager to receive and retain for the purposes set out in the agreement the fees established under paragraph (c),
(e) authorizing the all-terrain 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 all-terrain vehicle trail manager to issue an all-terrain 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 all-terrain 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 all-terrain vehicle trail manager to supervise, construct, groom or otherwise maintain, administer, control and operate all-terrain vehicle managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near all-terrain 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 all-terrain vehicle managed trails,
(j) establishing the kind, term, amount and form of liability insurance that the all-terrain vehicle trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Natural Resources 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 all-terrain vehicle trail manager and any person or association acting on behalf of the all-terrain 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 Natural Resources,
(l) establishing requirements for accounting by the all-terrain vehicle trail manager and by any person or association acting on behalf of the all-terrain vehicle trail manager in relation to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,
(m) establishing requirements in relation to auditing, by an auditor approved by the Minister of Natural Resources, of the financial statements of the all-terrain vehicle trail manager and of any person or association acting on behalf of the all-terrain vehicle trail manager that relate to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,
(n) authorizing the all-terrain 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 an all-terrain 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 an all-terrain vehicle managed trail in accordance with any conditions set out in the written authority,
(o) establishing the circumstances under which the Minister of Natural Resources or the all-terrain vehicle trail manager may suspend or cancel the agreement,
(p) authorizing the all-terrain vehicle trail manager to subdelegate to another person or association any of the duties or powers given to the all-terrain vehicle trail manager under paragraphs (a), (d), (f) and (h), and
(q) setting out any other duty or power of the all-terrain vehicle trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the all-terrain vehicle trail manager to subdelegate that duty or power to another person or association.
7.8(4)Fees received and retained under a valid agreement made under this section by the all-terrain vehicle trail manager or a person or association acting on behalf of the all-terrain vehicle trail manager in relation to the issuance or replacement of all-terrain vehicle trail permits are not public money for the purposes of the Financial Administration Act.
7.8(5)Notwithstanding any other provision of this Act, at any time when no all-terrain vehicle trail manager is appointed and at any time when there is no valid agreement made with the all-terrain vehicle trail manager under this section, the Minister of Natural Resources 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 all-terrain vehicle trail manager under this Act.
2003, c.7, s.10; 2004, c.20, s.42; 2004, c.20, s.43
All-terrain vehicle managed trails
7.8(1)The Minister of Natural Resources may appoint a person or an association as an all-terrain vehicle trail manager.
7.8(2)The all-terrain vehicle trail manager is not an agent of the Crown in right of the Province.
7.8(3)The Minister of Natural Resources may enter into an agreement with the all-terrain vehicle trail manager, which may include provisions
(h) authorizing and requiring the all-terrain vehicle trail manager to supervise, construct, groom or otherwise maintain, administer, control and operate all-terrain vehicle managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near all-terrain 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 all-terrain vehicle managed trails,
(j) establishing the kind, term, amount and form of liability insurance that the all-terrain vehicle trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Natural Resources 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 all-terrain vehicle trail manager and any person or association acting on behalf of the all-terrain 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 Natural Resources,
(l) establishing requirements for accounting by the all-terrain vehicle trail manager and by any person or association acting on behalf of the all-terrain vehicle trail manager in relation to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,
(m) establishing requirements in relation to auditing, by an auditor approved by the Minister of Natural Resources, of the financial statements of the all-terrain vehicle trail manager and of any person or association acting on behalf of the all-terrain vehicle trail manager that relate to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,
(n) authorizing the all-terrain 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 an all-terrain 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 an all-terrain vehicle managed trail in accordance with any conditions set out in the written authority,
(o) establishing the circumstances under which the Minister of Natural Resources or the all-terrain vehicle trail manager may suspend or cancel the agreement,
(p) authorizing the all-terrain vehicle trail manager to subdelegate to another person or association any of the duties or powers given to the all-terrain vehicle trail manager under paragraphs (a), (d), (f) and (h), and
(q) setting out any other duty or power of the all-terrain vehicle trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the all-terrain vehicle trail manager to subdelegate that duty or power to another person or association.
7.8(5)Notwithstanding any other provision of this Act, at any time when no all-terrain vehicle trail manager is appointed and at any time when there is no valid agreement made with the all-terrain vehicle trail manager under this section, the Minister of Natural Resources 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 all-terrain vehicle trail manager under this Act.
2003, c.7, s.10; 2004, c.20, s.42