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Identification Permits For Vehicles Transporting

Mobility Handicapped Persons Regulations

made under subsection 145(1) of the

Motor Vehicle Act

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

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

amended to O.I.C. 2020-333 (effective December 15, 2020), N.S. Reg. 187/2020



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.

 

Identification permits

Cancellation of identification permits

Reporting and return

Signs

Offences


 


 

1        In these regulations

 

“Act” means the Motor Vehicle Act;

 

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

 

“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;

 

“identification permit” means a permit issued under these regulations;

 

“Minister” means Minister of Transportation;

 

“nurse practitioner” means a nurse practitioner licensed under the Nursing Act;

 

“Registrar” means Registrar of Motor Vehicles.


Identification permits

2        (1)    Where a qualified medical practitioner or nurse 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 qualified medical practitioner or nurse 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 qualified medical practitioner or nurse 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 or nurse 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.

 

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.



 

 


Legislative History
Reference Tables

Identification Permits for Vehicles Transporting Mobility Handicapped Persons Regulations

N.S. Reg. 237/1986

Motor Vehicle Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Identification Permits for Vehicles Transporting Mobility Handicapped Persons Regulations made under the Motor Vehicle Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

237/1986

Sep 2, 1986

date made

Sep 25, 1986

211/1988

Oct 12, 1988

date made

 

203/1992

Sep 22, 1992

date specified

Oct 16 1992

187/2020

Dec 15, 2020

date specified

Jan 1, 2021

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

1........................................................

am. 187/2020 (clause lettering removed)

1, defn. of “nurse practitioner”......

ad. 187/2020

2........................................................

rs. 203/1992

2(1)................................................

am. 187/2020

2(5)(a)-(b)......................................

am. 187/2020

9........................................................

am. 211/1988

 

 

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

1

The reference to the Minister of Transportation should be read as a reference to the Minister of Service Nova Scotia in accordance with O.I.C. 2014-71 under the Public Service Act, R.S.N.S. 1989, c. 376.

Apr 1, 2014

2

The reference to the Minister of Transportation should be read as a reference to the Minister of Transportation and Infrastructure Renewal in accordance with O.I.C. 2014-432 under the Public Service Act, R.S.N.S. 1989, c. 376.

Oct 20, 2014

3

The reference to the Minister of Transportation should be read as a reference to the Minister of Transportation and Active Transit in accordance with O.I.C. 2021-56 under the Public Service Act, R.S.N.S. 1989, c. 376.

Feb 23, 2021

4

The reference to the Minister of Transportation should be read as a reference to the Minister of Public Works in accordance with O.I.C. 2021-209 under the Public Service Act, R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.

 

 

 


Webpage last updated: 20-09-2021