Off-highway Vehicles Insurance and Passenger Regulations
made under Section 37 of the
Road Trails Act
S.N.S. 2023, c. 4
O.I.C. 2023-269 (effective September 29, 2023), N.S. Reg. 172/2023
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Insurance
Amount of third-party liability insurance
Form and filing of proof of financial responsibility
Proof of financial responsibility for non-resident owner
Proof of financial responsibility is conclusive
Registrar may refuse proof of responsibility
Passengers
Offences and penalties
Citation
1 These regulations may be cited as the Off-highway Vehicles Insurance and Passenger
Regulations.
Definitions
2 In these regulations,
“Act” means the Road Trails Act;
“authorized insurer” means an authorized insurer as defined in the Motor Vehicle
Act;
“motor vehicle liability policy” means a motor vehicle liability policy as defined in
Part VI of the Insurance Act;
“proof of financial responsibility” means a certificate in a form approved by the
Registrar that is issued to the owner of an off-highway vehicle as evidence that a
motor vehicle liability insurance policy is in force.
Insurance
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 off-highway vehicle.
Amount of third-party liability insurance
4 The minimum amount of third-party liability insurance an owner of an off-highway
vehicle is required to maintain under Section 10 of the Act with an authorized insurer for
each off-highway vehicle 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 off-highway vehicle 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 an off-highway vehicle 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 a defence to any claim, action or proceeding
under a motor vehicle liability policy issued by it that might not be set up if
the 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 off-highway vehicles 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.
Passengers
9 An operator of an off-highway vehicle must not permit a passenger on the vehicle unless
(a) the vehicle is designed to carry passengers; and
(b) there is a designated seat for the passenger.
Offences and penalties
10 A person who violates Section 9 is guilty of an offence and liable on summary
conviction to the penalties provided for a category F offence in the Summary
Proceedings Act.
The following regulations are not
yet in force and are not included in the current consolidation: