Off-highway Vehicles General Regulations
made under Section 25 of the
Off-highway Vehicles Act
R.S.N.S. 1989, c. 323
O.I.C. 88-66 (effective February 1, 1988), N.S. Reg. 13/1988
amended to O.I.C. 2023-269 (effective September 29, 2023), N.S. Reg. 174/2023
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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[Citation]
Definitions for Act and its regulations
Form of application
Content of application
Fee upon application
Exceptions
Dealer plate
Licence fee
Dealer’s records
Registration year
Renewal fee
Form of certificate of registration
Content of certificate of registration
Interim registration permit
Registration year
Annual renewal
Transfer of ownership
Duty of transferee
Content of application for registration by transferee
Fees payable by transferee
Refusal of certificate
Appeal from decision of registrar
Offence to make false statement
Suspension of certificate of registration
Registration identification number
How means of registration identification number attached
Duplicate certificates or registration identification number or permit
Fee for duplicates
New vehicle identification number
Offence to alter or deface vehicle identification number
Fees for search of title
Safety helmet standards
Controlled access highways
Exemptions
Recognized clubs and associations
No compensation for revoking recognition
[Deemed permission to use established trail]
Appendix “A”
[Citation]
1 These regulations may be cited as the Off-highway Vehicles General Regulations.
Definitions for Act and its regulations
1A (1) In the Act and its regulations,
“highway” means [a] highway as defined in the Motor Vehicle Act, except that it
does not include any of the following:
(i) private property that is designed to be or is accessible to the public
for use of OHVs,
(ii) a forest access road under the administration and control of the
Minister of Lands and Forestry, or
(iii) a road classified by the Minister of Transportation and Infrastructure
Renewal as a K-class road under the administration and control of
the Department of Transportation and Infrastructure Renewal;
“written permission” of an owner or occupier includes any of the following:
(i) a sign posted by or on behalf of the owner or occupier on the real
property to which the permission applies,
(ii) a letter, map or other document signed by the owner or occupier
indicating the real property to which the permission applies,
(iii) a document granting general permission to use real property that has
been signed by the owner or occupier of the property.
(2) In these regulations, “established trail” means a route or path in existence before
April 1, 2006, that has, through traditional use, become a trail for use by OHVs,
and permission to use that route or path has not been withdrawn.
Form of application
1B (1) Every owner of an off-highway vehicle intended for operation shall apply to the
Department for a certificate of registration in the prescribed form.
Content of application
(2) Every application for a certificate of registration shall contain a full description of
the off-highway vehicle to be registered, including the name of the maker, the
make, model, year and full vehicle identification number of the vehicle, the
registration identification number of the vehicle, the full name and address of the
owner, together with the day, month and year of birth of the owner and such other
information as may be required by the Department and the applicant shall sign a
certificate certifying the information to be true.
Fee upon application
(3) Each application for a certificate of registration shall be accompanied by a fee as
prescribed by the approved schedule of fees.
Exceptions
(4) This Section does not apply to
(a) dealers in off-highway vehicles who are keeping off-highway vehicles for
service testing or for demonstration purposes for sale or resale;
(b) persons who are registered Indians under the Indian Act (Canada) and who
operate off-highway vehicles solely on reserves as defined in the Indian Act
(Canada).
Dealer plate
2 (1) Every dealer in off-highway vehicles who is keeping off-highway vehicles for
service testing or demonstration purposes for sale or resale shall apply to the
Department for a dealer’s plate and such application shall be in the prescribed
form.
(2) Every application for a dealer’s licence shall contain
(a) the firm name under which the applicant dealer transacts business and
whether or not the applicant dealer is carrying on business as a sole
proprietorship, a partnership or a body corporate.
(b) the address of the principal place of business of the applicant dealer;
(c) the address or addresses of all other established places of business of the
applicant dealer;
(d) the names and home addresses of the sole proprietor, partners or corporate
officers of the firm by which the applicant dealer is doing business;
(e) the make of manufacture of the new off-highway vehicles being distributed
or sold by the applicant dealer; and
(f) such other information as the Department may require.
Licence fee
(3) Every application for a dealer’s licence shall be accompanied by a fee as approved
in the current schedule of fees.
(4) Upon receipt of the required fee and subject to the provisions of this [the] Act, the
Department may issue to the applicant a dealer’s licence.
(5) Subject to the provisions of this Act, the Department may issue to the applicant
dealer a dealer’s plate in the prescribed form. The fee for this dealer’s plate shall
be the fee as approved in the current schedule of fees.
(6) Every dealer who has been assigned a dealer’s plate shall affix such plate to every
unregistered off-highway vehicle being service tested or demonstrated for sale or
resale and upon such plate being affixed to an off-highway vehicle shall be deemed
to be registered for the purpose of this Act for the registration year for dealers.
Dealer’s records
(7) Every dealer in off-highway vehicles who has been granted a dealer plate shall
maintain at all times at his principal place of business a record and a description of
every off-highway vehicle he is keeping for sale or resale and shall also keep a
record of the name and address of the purchaser of every off-highway vehicle sold.
(8) The records kept by a dealer pursuant to subsection (7) shall be made available to
and open to inspection by a peace officer upon demand.
(9) Every dealer who violates subsection (7) or (8) shall be guilty of an offence.
(10) If a dealer does not comply with a provision of subsection (7) or (8) or regulations
made under it, the Registrar may suspend for a period of three months the dealer
plate, and no off-highway vehicle kept by a dealer whose plate has been suspended
shall be deemed to be registered for the purposes of this Act during the period of
suspension.
Registration year
(11) The registration year for dealers shall begin on the first day of January of each year
and shall expire annually on the thirty-first day of December.
Renewal fee
(12) Each application for a dealer’s licence shall be renewed annually upon application
by the dealer and each such application shall be accompanied by a fee as approved
in the current schedule of fees.
Form of certificate of registration
3 (1) Subject to the provisions of this Act, the Department may issue to the applicant a
certificate of registration and such certificate of registration may be in the
prescribed form.
Content of certificate of registration
(2) A certificate of registration issued by the Department shall contain the full vehicle
identification number and the name and address of the owner of the off-highway
vehicle and such other information as may be required by the Department.
(3) The Department shall issue a registration permit in the prescribed form and
containing such information as determined to be necessary by the Department.
Interim registration permit
(4) The Department may issue an interim permit in the prescribed form and containing
such information as determined to be necessary by the Department upon the same
terms and conditions as a registration permit which shall be valid until a
registration is issued pursuant to subsection (3).
Registration year
(5) Every off-highway vehicle registration issued under this Act shall expire on the
date specified on the registration permit.
Annual renewal
(6) Each registration permit shall be renewed annually upon application by the owner
of the off-highway vehicle and each such application shall be accompanied by a
fee as approved in the current schedule of fees.
(7) On receipt of a renewal application and fee under subsection (6), the Department
may issue a re-validation sticker in the form approved by the Minister as proof that
the registration permit for the OHV has been renewed.
(8) A re-validation sticker must be displayed on an OHV in a manner and location
approved by the Minister.
Transfer of ownership
4 (1) An owner of an off-highway vehicle who has registered the vehicle pursuant to this
Act and regulations and who desires to transfer ownership by way of sale or other
means shall complete a certificate of registration.
Duty of transferee
(2) A person to whom an off-highway vehicle is transferred pursuant to subsection (1)
shall, if he intends to operate or permit the operation of such vehicle, complete a
new application for registration form.
Content of application for registration by transferee
(3) The application for registration referred to in subsection (2) shall be treated by the
Department as an original application for a certificate of registration and shall
contain, in addition to all the information listed in [sub]section 1(2) of these
regulations, the name, address and day, month and year of birth of the previous
owner and the off-highway vehicle registration identification number registered to
the previous owner and shall be subject to all the terms and conditions in this Act
and regulations applicable to an original application for a certificate of registration.
Fees payable by transferee
(4) Every such application for a new certificate of registration in respect of a transfer
of ownership of an off-highway vehicle shall be accompanied by a fee as approved
in the current schedule of fees.
(5) The onus of proof that an application for a certificate of registration has been made
shall at all times be on the applicant.
Refusal of certificate
5 (1) If the Department determines that an applicant for a certificate of registration of an
off-highway vehicle is not entitled thereto, the Department may refuse to issue the
certificate or to register the vehicle, and in that event unless the Registrar reverses
that decision or his decision is reversed by the Minister, the applicant shall have no
further right to apply for a certificate of registration on the statements in the
application. The Registrar may for a like reason after notice and hearing cancel
registration already acquired or revoke any outstanding certificate or registration.
The notice shall be served in person or by certified mail.
Appeal from decision of registrar
(2) An appeal shall lie from any refusal of the Registrar to issue a certificate of
registration or from any revocation of an outstanding certificate of registration to
the Minister, whose decision shall be final.
Offence to make false statement
(3) Every person who makes a false statement in any application shall be guilty of an
offence.
Suspension of certificate of registration
(4) If a person does not conform to or comply with the Off-Highway Vehicle Act or
regulations made pursuant to this Act, the Registrar may suspend the certificate of
registration, the registration identification number and the permit issued to that
person.
Registration identification number
6 (1) The Department shall issue a registration identification number to a person who
has been issued a permit and such registration identification number shall be in the
prescribed form.
How means of registration identification number attached
(2) The registered owner of the off-highway vehicle shall attach the registration
identification number in such place as the Registrar may direct.
Duplicate certificates or registration identification number or permit
7 (1) The Department may, upon being satisfied that any certificate of registration or the
registration identification number or the permit has been lost, destroyed, mutilated
or rendered illegible and after the application has been made by the person entitled
thereto upon the form prescribed, issue a duplicate or replacement certificate of
registration, registration identification number or permit.
Fee for duplicates
(2) Every application for a duplicate or replacement certificate of registration,
registration identification number or permit shall be accompanied by a fee as
approved in the current schedule of fees.
New vehicle identification number
8 (1) When an off-highway vehicle has been altered or rebuilt and its vehicle
identification number has been removed or when no such number can be found on
an off-highway vehicle, the Department may authorize that the original number be
replaced or reproduced or may assign a special number for the off-highway
vehicle.
(2) When the Department assigns a special number to an off-highway vehicle, the
owner of the off-highway vehicle shall pay the Department a fee as approved by
the current schedule of fees and shall stamp the number on the off-highway vehicle
as directed by the Department. This special number shall become the vehicle
identification number of the off-highway vehicle.
Offence to alter or deface vehicle identification number
9 Except as provided in Section 8, any person who defaces, destroys or alters the vehicle
identification number of an off-highway vehicle or places or stamps a vehicle
identification number upon an off-highway vehicle shall be guilty of an offence.
Fees for search of title
10 Every application for a search of registration records shall be in the prescribed form and
shall be accompanied by a fee as approved by the current schedule of fees per off-highway vehicle searched.
Safety helmet standards
11 (1) The minimum standards for off-highway vehicle safety helmets shall be those
contained in any of the following standards which by this reference are made a part
hereof:
CSA Standard D230-1970
British Standards Institution Standard 1869 (1960)
British Standards Institution Standard 2001 (1956)
Standards for Protective Headgear - 1970, Snell Memorial Foundation
(Order in Council 71-1265, December 21, 1971)
“United States of America Federal Motor Vehicle Safety Standard 218”
(Order in Council 79-1578, December 4, 1979)
12 The forms to be used pursuant to the Act and these regulations are those set out in
Appendix “A”, or forms to like effect to suit the circumstances.
Controlled access highways
13 No person shall operate or drive an off-highway vehicle upon or across a roadway,
shoulder or median of a highway designated as a controlled access highway pursuant to
the Public Highways Act except as authorized under the Road Trails Act.
Exemptions
14 (1) Subsection 4(1) of the Act and the registration requirements of these regulations do
not apply to a person who operates an off-highway vehicle only on
(a) land owned or occupied by that person; or
(b) land owned or occupied by a person who is
(i) related by blood or marriage to that person,
(ii) in a common law relationship with that person, or
(iii) a registered domestic partner of that person under the Vital Statistics
Act.
(2) All persons are exempt from the application of Section 12E of the Act.
Recognized clubs and associations
15 (1) The Minister may recognize a club or association for the purpose of Section 14 of
the Act and must keep a current list of recognized clubs and associations.
(2) The Minister may revoke the recognition of a club or association for any reason the
Minister considers appropriate.
(3) A recognition or a revocation of recognition must be in the form of a letter to the
club or association.
No compensation for revoking recognition
15A A person is not entitled to compensation, financial or otherwise, for any losses that result
directly or indirectly from the revocation of the recognition of a club or association.
[Deemed permission to use established trail]
16 (1) Despite Section 14 of the Act, permission to operate an OHV on private land that
is part of an established trail is deemed to have been given unless the landowner
erects a sign prohibiting the use of OHVs on their land.
(2) Subsection (1) does not apply to permit any use that is, or would have been at the
time the trail was established, prohibited under Sections 12A, 12B, 12C or 12F of
the Act.
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Appendix “A”
[Note: The forms contained in Appendix “A” are not available in this format. Contact the Office of the
Registrar of Regulations for more information or to obtain a copy.]
The following regulations are not yet in force and are
not included in the current consolidation: