This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2016, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


Identification Permits For Vehicles Transporting Mobility Handicapped Persons Regulations

made under Section 145(1) of the

Motor Vehicle Act

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

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

as amended to O.I.C. 92-928, N.S. Reg. 203/92


 

1     In these regulations

 

                (a)    “Act” means the Motor Vehicle Act;

 

                (b)    “applicant” means a person who applies for an identification permit under these regulations;

 

                (c)    “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;

 

                (d)    “identification permit” means a permit issued under these regulations;

 

                (e)    “Minister” means Minister of Transportation;

[Note: Effective October 20, 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 Order in Council 2014-432 under the Public Service Act, R.S.N.S. 1989, c. 376.]

 

                (f)    “Registrar” means Registrar of Motor Vehicles.


Identification permits

2     (1)    Where a qualified medical 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 medical 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 medical 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 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.

Section 2 replaced: O.I.C. 92-928, N.S. Reg. 203/92.

 

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.

 

4     (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

6     (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.

Section 9 amended (correction of typographical error): O.I.C. 88-1126, N.S. Reg. 211/88.