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Off-highway Vehicle Insurance Regulations

made under Section 25 of the

Off-highway Vehicles Act

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

O.I.C. 2007-198 (April 4, 2007), N.S. Reg. 207/2007



Citation

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


Definitions for these regulations

2     In these regulations,

 

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

 

                (b)    “authorized insurer” means [an] authorized insurer as defined in the Motor Vehicle Act;

 

                (c)    “Minister” means the Minister of Service Nova Scotia and Municipal Relations;

[Note: Effective April 1, 2014, the reference to the Minister of Service Nova Scotia and Municipal Relations should be read as a reference to the Minister of Service Nova Scotia in accordance with Order in Council 2014-71 under the Public Service Act, R.S.N.S. 1989, c. 376.]

 

                (d)    “motor vehicle liability policy” means [a] motor vehicle liability policy as defined in Part VI of the Insurance Act;

 

                (e)    “OHV” means off-highway vehicle;

 

                (f)    “proof of financial responsibility” means a certificate in a form approved by the Registrar that is issued to the owner of an OHV as evidence that a motor vehicle liability insurance policy is in force;

 

                (g)    “recognized club” means a club that is registered and in good standing under the Societies Act or the Companies Act and has racing OHVs as one of its objects.


Definitions for the Act and its regulations

3     In the Act and its regulations, “third party liability insurance” means insurance under a motor vehicle liability policy that provides the insurance coverage in accordance with Sections 139 and 140 of the Insurance Act for an OHV.


Amount of third party liability insurance

4     The minimum amount of third party liability insurance an owner of an OHV is required to maintain under Section 15B of the Act with an authorized insurer for each OHV they own is the amount required by the Insurance Act.


Form and filing of proof of financial responsibility

5     (1)    An individual who is issued a motor vehicle liability insurance policy for an OHV in accordance with these regulations may request that the insurer file proof of financial responsibility on their behalf with the Registrar.

 

       (2)    The Registrar may request any further information the Registrar considers necessary.


Proof of financial responsibility for non-resident owner

6     A person who is not a resident of the Province may file proof of financial responsibility in accordance with Section 5 or may file a certificate of insurance in a form approved by the Registrar issued by any insurer authorized to transact insurance in the province or state in which the person resides, if the insurer files all of the following with the Registrar:

 

                (a)    a power of attorney authorizing the Registrar to accept service of notice or process for the insurer and its insured in any action or proceeding in a court of law arising out of on [an] OHV accident in the Province;

 

                (b)    an undertaking to appear in any action or proceeding in a court of law involving a motor vehicle liability policy issued by it that it has knowledge of;

 

                (c)    an undertaking not to set up as defence to any claim, action or proceeding under a motor vehicle liability policy issued by it, a defence which might not be set up if such policy had been issued in the Province in accordance with the law of the Province relating to motor vehicle liability policies;

 

                (d)    an undertaking to satisfy, up to the limits of liability stated in the policy, any judgment rendered by a court in the Province that is final against it or its insured.


Proof of financial responsibility is conclusive

7     Proof of financial responsibility filed in accordance with Section 5 or a certificate of insurance filed in accordance with Section 6 is conclusive admission by the insurer that a motor vehicle liability policy has been issued for the OHVs owned by the insured.


Registrar may refuse proof of responsibility

8     The Registrar may refuse to accept proof of financial responsibility from an insurer who fails to honour their obligations under a motor vehicle liability policy or these regulations for as long as the failure continues.


Exemption from third party liability insurance

9     The owner of an OHV is exempt from the requirement in Section 15B of the Act to have third party liability insurance for the OHV and from the requirements of these regulations for the OHV, if all of the following apply:

 

                (a)    the OHV is designed or modified for racing purposes and is used solely for that purpose;

 

                (b)    the owner of the OHV is a member in good standing of a recognized club and holds a valid membership card.