Off-highway Vehicles Designated Trails and Trail Permits Regulations
made under Section 25 of the
Off-highway Vehicles Act
R.S.N.S. 1989, c. 323
O.I.C. 2006-534 (effective December 8, 2006), N.S. Reg. 224/2006
amended to O.I.C. 2023-269 (effective September 29, 2023), N.S. Reg. 173/2023
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
Designated trails
Portion of public highway designated as trail
Recognized club or association requesting designation of public highway
Revocation of landowner’s written permission
No compensation for revoking trail designation
Signs for designated trails
Minister may close designated trail
No compensation for closing designated trail
No unauthorized OHVs on closed trail
Designated trail symbol
Trail permit
Deemed trail permit for operation on designated trail on public highway
Revocation of trail permit
No compensation for revoking trail permit
Classes of persons exempt from trail permit
Exemption from written permission until December 31, 2007
Operation of OHV on portion of public highway
Citation
1 These regulations may be cited as the Off-highway Vehicles Designated Trails and Trail
Permits Regulations.
Definitions
2 In these regulations,
“Act” means the Off-highway Vehicles Act;
“designated trail” means a trail or any part of a trail on public or private land
designated by the Minister under subsection 12D(1) of the Act;
“landowner” means an owner or occupier of private land;
“Minister” means the Minister of Natural Resources and Renewables;
“Off-highway Vehicles General Regulations” means the Off-highway Vehicles
General Regulations made under the Act;
“OHV” means an off-highway vehicle as defined in the Act;
“SANS” means the Snowmobilers Association of Nova Scotia;
“sign” includes a notice, plaque, or marker;
“trail permit” means a sticker, label or other tag used to identify OHVs permitted
to travel on a designated trail.
Designated trails
3 A trail designation
(a) must include a map of the designated trail that identifies the location of the
trail without ambiguity; and
(b) must not include privately-owned land if the landowner has not given
written permission for the land to be designated as a designated trail.
Portion of public highway designated as trail
4 A designation of a trail may include a portion of a public highway as part of the trail if
all of the following conditions are met:
(a) the trail is for the purposes of trail connectivity;
(b) the Minister has the Minister of Public Works’ prior written consent to the
designation.
Recognized club or association requesting designation of public highway
4A (1) A recognized club or association that requests the Minister to designate a portion
of a public highway as a trail must apply to the Minister of Public Works for a
permit to construct any infrastructure required to allow OHVs to safely access the
public highway.
(2) A recognized club or association that is granted a permit under subsection (1)
must, at its own cost, make any improvements to the area of access to the public
highway that, in the opinion of the Minister of Public Works, are required for
OHVs to safely access the public highway.
Revocation of landowner’s written permission
5 (1) A landowner may revoke the written permission given to designate any part of the
landowner’s property as a designated trail by giving the Minister written notice of
the revocation.
(2) A revocation of a landowner’s written permission takes effect on the 31st day after
the date the Minister receives written notice of it, or on a later day if specified in
the notice.
No compensation for revoking trail designation
6 A person is not entitled to compensation, financial or otherwise, for any losses that result
directly or indirectly from the revocation of a trail designation.
Signs for designated trails
7 (1) The Minister must authorize the form and placement of signs on a designated trail
indicating activities that are permitted, restricted or prohibited under the Act or the
regulations made under the Act.
(2) A person must not
(a) deface or, except as authorized by the Minister, remove a sign posted for a
designated trail; or
(b) post a sign for a designated trail except in accordance with the Act or the
regulations made under the Act.
(3) Evidence that a sign was posted for a designated trail is prima facie proof that the
sign was posted.
Minister may close designated trail
8 (1) The Minister may temporarily close a designated trail or a portion of a designated
trail by issuing a notice in writing that specifies the portion of the designated trail
that is closed.
(2) A sign indicating that a designated trail or a portion of a designated trail is closed
must be conspicuously posted at each end of the closed portion of the designated
trail.
No compensation for closing designated trail
9 A person is not entitled to compensation, financial or otherwise, for any losses that result
directly or indirectly from the closing of a designated trail.
No unauthorized OHVs on closed trail
10 Only a person who is authorized by the Minister may operate an OHV on a closed
portion of a designated trail.
Designated trail symbol
11 The Minister must approve a symbol to be used to identify designated trails.
Trail permit
12 (1) A trail permit may be issued only by one of the following:
(a) the Minister;
(b) a person authorized in writing by the Minister to issue trail permits;
(c) a club or association recognized by the Minister under the Off-highway
Vehicles General Regulations with which the Minister has entered into an
agreement under the Act.
(2) A trail permit may be issued for a fixed or indefinite term.
(3) A trail permit must be in a form approved by the Minister.
(4) [repealed]
Deemed trail permit for operation on designated trail on public highway
12A Despite Section 12, for the purposes of operating an OHV on a portion of a public
highway that is designated as a trail, the re-validation sticker issued as proof of the
annual renewal of the OHV’s registration permit under subsection 3(7) of the Off-highway Vehicles General Regulations is deemed to be the trail permit.
Revocation of trail permit
13 A trail permit may be revoked only by the Minister or the issuer of the permit.
No compensation for revoking trail permit
14 A person is not entitled to compensation, financial or otherwise, for any losses that result
directly or indirectly from the revocation of a trail permit.
Classes of persons exempt from trail permit
15 A person who is a member of a class of persons listed in the following table is not
required to have a trail permit when operating an OHV on a designated trail and carrying
the required documents in accordance with the following table:
Class of Persons
|
When Operating OHV
|
Documents Required
|
peace officers or
emergency workers
|
while engaged in activities
relating to their duties
|
identification issued by
their employer
|
municipal, Provincial or
federal government
employees
|
while engaged in activities
relating to their duties
|
identification issued by
their employer
|
employees or self-employed persons, as
defined in the
Occupational Health and
Safety Act, but not
including guides
|
while engaged in activities
relating to their
employment, if the trail is
the only access route from
the closest road to the area
of work or the only safe
access route to the area of
work
|
a dated document that
names the employee and
specifies why the
employee must use the trail
|
licensed commercial
fishers
|
while engaged in
commercial fishing
activities, if the trail is the
only access route from the
closest road to the area of
work or the only safe
access route to the area of
work
|
an original or a legible
copy of a valid
commercial fishing license
|
landowners whose land lies
directly along the
continuous route of the
designated trail as shown
on the map referred to in
clause 3(a), their tenants,
and the immediate family
members of landowners
and their tenants
|
while on the landowner’s
property, or while
travelling directly to or
from the landowner’s
property if the trail is the
only access route from the
closest road to the property
or is the only safe access
route to the property
|
landowners: proof of
ownership of or title to the
property in the form of a
government form, deed, or
registry or other document
of land transfer
tenants: a copy of the lease
for the property, if one
exists
|
registered Indians under the
Indian Act (Canada)
|
while operating an OHV
on a reserve as defined in
the Indian Act (Canada)
|
proof of registration under
the Indian Act (Canada)
|
Exemption from written permission until December 31, 2007
16 Until December 31, 2007, a person who is issued a trail permit by SANS for a
snowmobile is not required to obtain permission from a landowner in writing as required
by subsection 14(1) of the Act to use a designated trail.
Operation of OHV on portion of public highway
17 An OHV may be operated on a portion of a highway that has been designated as a trail
only if operated in accordance with the Road Trails Act or pilot project regulations made
under Section 307 of the Motor Vehicle Act.
The following regulations are not yet in force and are
not included in the current consolidation: