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Off-highway Vehicle Infrastructure Fund Regulations

made under Section 25 of the

Off-highway Vehicles Act

R.S.N.S. 1989, c. 323

O.I.C. 2006-160 (March 30, 2006, effective April 1, 2006), N.S. Reg. 44/2006


Citation

1     These regulations may be cited as the Off-highway Vehicle Infrastructure Fund Regulations.


Definitions                                                                                                                                

2     In these regulations,

 

                (a)    “Act” means the Off-highway Vehicles Act;

 

                (b)    “Fund” means the Off-highway Vehicle Infrastructure Fund established by the Act;

 

                (c)    “guide” means a guide as defined in the Off-highway Vehicles Safety [and] Training Regulations made under the Act;

 

                (d)    “OHV” means an off-highway vehicle as defined in the Act; and

 

                (e)    “OHV Infrastructure Fund fee” means an annual fee payable under Section 3.


Contribution to Fund

3     Every person who obtains or renews an annual registration permit for an OHV under the Act and the regulations made under the Act must concurrently pay to the Registrar the OHV Infrastructure Fund fee in the amount prescribed in the Off-highway Vehicles Fees Regulations made under the Act.


Exemptions from Fund contribution

4     The following persons or classes of person are exempt from Section 3:

 

                (a)    farmers, fishers and forest workers who use OHVs only for activities relating to farming, fishing or forestry;

 

                (b)    peace officers who use OHVs only for activities relating to their duties;

 

                (c)    a person operating a golf cart on a public or private golf course;

 

                (d)    municipal, Provincial and federal employees who use OHVs only for activities relating to their duties;

 

                (e)    employees and self-employed persons, as defined in the Occupational Health and Safety Act, who use OHVs only for activities relating to their employment, except guides;

 

                (f)    a person who operates an OHV only on

 

                         (i)     land owned or occupied by that person, or

 

                         (ii)    land owned or occupied by a person who is

 

                                  (A)   related by blood or marriage to that person,

 

                                  (B)   in a common law relationship with that person, or

 

                                  (C)   a registered domestic partner of that person under the Vital Statistics Act.