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Motor Vehicle Appeal Board Procedures Regulations

made under subsection 7C(11) of the

Motor Vehicle Act

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

N.S. Reg. 181/2012 (September 19, 2012)

as amended to N.S. Reg. 65/2014 (April 29, 2014)



Citation

1          These regulations may be cited as the Motor Vehicle Appeal Board Procedures Regulations.


Interpretation

2          In these regulations,

 

“Act” means the Motor Vehicle Act;

 

“applicant” means a person who is submitting an application;

 

“application” means an application for appeal of a Registrar’s decision;

 

“board” means the Motor Vehicle Appeal Board established under subsection 7C(1) of the Act;

 

“chair” means the chair of the board designated by the Minister under Section 7C of the Act;

 

“Minister” means the Minister of Service Nova Scotia;

Definition amended: N.S. Reg. 65/2014.

 

“panel” means the members of the board selected by Service Nova Scotia under Section 4 to hear an application;

Definition amended: N.S. Reg. 65/2014.

 

“Registrar’s decision” means a decision made by the Registrar under subsection 279(2) [of the Act] respecting a suspension order issued under clause (a), (b), (d), (e) or (f) of subsection 279(1), Section 279B or Section 291A of the Act;


Definition of “SNSMR” repealed: N.S. Reg. 65/2014.

 

“vice-chair” means a member of the board designated by the chair under subsection 4(3) to act as chair of a panel of the board, in the absence of the chair.


Applying for an appeal

3          (1)       An application must include or be accompanied by all of the following:

 

                        (a)       a fee of $150.00;

 

                        (b)       the applicant’s full name and current mailing address;

 

                        (c)       the applicant’s telephone number and fax number, if any;

 

                        (d)       the applicant’s preferred method of receiving information related to the appeal;

 

                        (e)       contact information for the applicant’s legal counsel or agent, if any;

 

                        (f)        a completed application on a form provided by Service Nova Scotia setting out the reason the applicant is requesting the appeal;

Clause 3(1)(f) amended: N.S. Reg. 65/2014.

 

                        (g)       a copy of the Registrar’s decision that is being appealed, if available.

 

            (2)       Unless otherwise directed by Service Nova Scotia, an application and any related submissions must be in writing and delivered to Service Nova Scotia by hand, mail or courier.

Subsection 3(2) amended: N.S. Reg. 65/2014.

 

            (3)       An application is deemed to be received by Service Nova Scotia on the date that the application is stamped as received by the Department.

Subsection 3(3) amended: N.S. Reg. 65/2014.

 

            (4)       If Service Nova Scotia determines that an application is incomplete, it must return the application to the applicant.

Subsection 3(4) amended: N.S. Reg. 65/2014.

 

            (5)       If an incomplete application that has been returned to an applicant is not resubmitted within 30 days of the date Service Nova Scotia returned the incomplete application, the Registrar’s decision is final and there is no further appeal.

Subsection 3(5) amended: N.S. Reg. 65/2014.


Panels of the board

4          (1)       On receipt of an application, Service Nova Scotia must select a panel composed of any 3 board members to hear the appeal.

Subsection 4(1) amended: N.S. Reg. 65/2014.

 

            (2)       Any 3 members of a panel constitute a quorum of the board and different panels of the board may sit separately at the same time to hear appeals.

 

            (3)       If the chair is not a member of a panel, the chair must designate a member of the panel to be a vice-chair for the matter being considered by the panel.


Setting hearing date

5          (1)       On receipt of a completed application, Service Nova Scotia must

 

                        (a)       set a date for a hearing; and

 

                        (b)       notify the Registrar of the application.

Subsection 5(1) amended: N.S. Reg. 65/2014.

 

            (2)       On receipt of notice of an application, the Registrar must provide Service Nova Scotia with copies of all of the following:

Subsection 5(2) amended: N.S. Reg. 65/2014.

 

                        (a)       the Registrar’s decision related to the application;

 

                        (b)       any material that the Registrar relied on in making the Registrar’s decision;

 

                        (c)       any other material that the Registrar considers relevant to the application, including the driving record of the applicant.

 

            (3)       At least 20 days before the date of the hearing, Service Nova Scotia must send the applicant copies of the material provided by the Registrar under subsection (2), and advise the applicant of the date of the hearing.

Subsection 5(3) amended: N.S. Reg. 65/2014.

 

            (4)       An applicant may respond to any material sent to the applicant under subsection (3) by

 

                        (a)       filing a written response with Service Nova Scotia no later than 10 business days before the date of the hearing; or

Clause 5(4)(a) amended: N.S. Reg. 65/2014.

 

                        (b)       in the case of an oral hearing, making a presentation to the board at the hearing.


If applicant withdraws application

6          If an applicant withdraws their application, the Registrar’s decision that was to be appealed is final.


Rescheduling oral hearing

7          (1)       Service Nova Scotia may reschedule a hearing at the request of the chair or a vice-chair of a panel of the board or at the request of an applicant.

Subsection 7(1) amended: N.S. Reg. 65/2014.

 

            (2)       An applicant who requests that a hearing be rescheduled but fails to make the request at least 48 hours before the scheduled hearing date must pay a rescheduling fee of $150 at least 10 days before the rescheduled hearing date.


Dismissal of an application

8          (1)       If an applicant fails to attend at a scheduled oral hearing of their application, the board must dismiss the application and, except as provided in subsection (2), the Registrar’s decision that was to be appealed is final.

 

            (2)       If an application is dismissed because the applicant fails to attend at a scheduled oral hearing, and the chair is satisfied that the person has a reasonable excuse for failing to appear, the chair

 

                        (a)       may direct that the hearing be rescheduled; and

 

                        (b)       if the hearing is rescheduled, the applicant must pay a rescheduling fee of $150 at least 10 days before the rescheduled hearing date.

 

            (3)       If an applicant fails to pay a rescheduling fee required under subsection (2) or Section 7, the board must dismiss the application and the Registrar’s decision that was to be appealed is final.


Hearing procedures

9          (1)       The chair or, if applicable, vice-chair of a panel must

 

                        (a)       preside at an oral hearing if applicable; and

 

                        (b)       prepare the written decision of the board.

 

            (2)       The board must conduct a hearing in an informal manner and is not required to comply with the rules of evidence.

 

            (3)       The board may adjourn a hearing and reconvene a hearing at any time and at any place the board considers appropriate.

 

            (4)       The chair may make rules and procedures for the efficient administration of the board.

 

            (5)       The board is not required to keep any written record of evidence or arguments given at any hearing.

 

            (6)       Each oral hearing before the board must take place in Halifax at a location determined by Service Nova Scotia.

Subsection 9(6) amended: N.S. Reg. 65/2014.


Board decisions

10        (1)       The decision of a majority of a panel is the decision of the board.

 

            (2)       A decision of the board must, no later than 7 days after the date of the hearing, be sent to the applicant by registered mail and filed with the Registrar.

 

            (3)       Despite subsection (2), failure of the board to provide a decision within the required time period does not affect the jurisdiction of the board to make a decision with respect to the application.

 

            (4)       A decision of the board must meet all of the following requirements:

 

                        (a)       it must be in writing and signed by the chair or a vice-chair designated under subsection 4(3), who heard the appeal; and

Clause 10(4)(a) replaced: N.S. Reg. 65/2014.

 

                        (b)       it must state the reason for the decision.


Annual report

11        The chair must annually prepare a report to the Minister, which must include all of the following information in detail:

 

                        (a)       the number of applications received by Service Nova Scotia;

Clause 11(a) amended: N.S. Reg. 65/2014.

 

                        (b)       the number of applications heard by the board;

 

                        (c)       the number of oral hearings held by the board;

 

                        (d)       the number of hearings each member of the board participated in;

 

                        (e)       the results of the appeals heard by the board;

 

                        (f)        any recommendations for changes to the administration of the board;

 

                        (g)       any additional matters the chair believes may be relevant.


[Note: Effective October 20, 2014, the references to Service Nova Scotia and the Minister of Service Nova Scotia should be read as references to the Department of Transportation and Infrastructure Renewal and 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.]