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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the All-Terrain Vehicle Act
 
Legislature :
54
Session :
5
Bill No. :
36
Member :
Hon. Blaney
First Reading :
2003-3-12
Second Reading :
2003-3-13
Committee of the Whole :
2003-3-27
Amended :
2003-3-27
Third Reading :
2003-3-28
Royal Assent :
2003-4-11
Download PDF :
  Bill 36         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1(1) The title of the All-Terrain Vehicle Act, chapter A-7.11 of the Acts of New Brunswick, 1985, is repealed and the following is substituted:

Off-Road Vehicle Act

1(2) If in any Act, other that this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the All-Terrain Vehicle Act, it shall be read, unless the context otherwise requires, as a reference to the Off-Road Vehicle Act.

2 Section 1 of the Act is amended

(a) by striking out the period at the end of the definition in the definition "agent de la paix" in the French version and substituting a semicolon;

(b) by repealing the definition "all-terrain vehicle" and substituting the following:

"all-terrain vehicle" means an off-road vehicle, other than a motorized snow vehicle, that

(a) operates or travels on three or more tires or has been adapted to operate on four tracks,

(b) has a seat designed to be straddled by the operator of the vehicle, and

(c) has handlebars for steering the vehicle;

(c) by repealing the definition "decal" and substituting the following:

"decal" does not include a motorized snow vehicle trail permit or an all-terrain vehicle trail permit unless otherwise indicated;

(d) by repealing the definition "managed trail";

(e) by repealing the definition "roadway" and substituting the following:

"roadway" means that portion of any road, street, lane or alley designed, improved or ordinarily used for vehicular travel by the general public.

(f) by repealing the definition "trail manager";

(g) by repealing the definition "trail permit";

(h) by adding the following definitions in alphabetical order:

"Advisory Board" means the Trail Management Trust Fund Advisory Board established under section 39.4;

"all-terrain vehicle managed trail" means the entire groomed or otherwise maintained surface width of a trail, or any portion thereof, that is identified as an all-terrain vehicle managed trail by signage posted or erected in accordance with the requirements established in an agreement made between the Minister of Natural Resources and Energy and the all-terrain vehicle trail manager;

"all-terrain vehicle trail manager" means the person or association appointed by the Minister of Natural Resources and Energy under subsection 7.8(1);

"all-terrain vehicle trail permit" means

(a) a valid decal issued by the all-terrain vehicle trail manager for the purpose of establishing that the operation of the all-terrain vehicle on which the decal is displayed is permitted on an all-terrain vehicle managed trail, and includes a replacement decal, or

(b) a valid all-terrain vehicle dealer trail permit issued by the all-terrain vehicle trail manager for the purpose of establishing that the operation of the all-terrain vehicle in which the ignition key bearing the all-terrain vehicle dealer trail permit is inserted is permitted on an all-terrain vehicle managed trail, and includes a replacement all-terrain vehicle dealer trail permit;

"Fund" means the Trail Management Trust Fund established under section 39.1;

"motorized snow vehicle managed trail" means the entire groomed surface width of a trail, or any portion thereof, that is identified as a motorized snow vehicle managed trail by signage posted or erected in accordance with the requirements established in an agreement made between the Minister of Tourism and Parks and the motorized snow vehicle trail manager;

"motorized snow vehicle trail manager" means the person or association appointed by the Minister of Tourism and Parks under subsection 7.2(1);

"motorized snow vehicle trail permit" means

(a) a valid decal issued by the motorized snow vehicle trail manager for the purpose of establishing that the operation of the motorized snow vehicle on which the decal is displayed is permitted on a motorized snow vehicle managed trail, and includes a replacement decal, or

(b) a valid motorized snow vehicle dealer trail permit issued by the motorized snow vehicle trail manager for the purpose of establishing that the operation of the motorized snow vehicle in which the ignition key bearing the motorized snow vehicle dealer trail permit is inserted is permitted on a motorized snow vehicle managed trail, and includes a replacement motorized snow vehicle dealer trail permit;

"off-road vehicle" means any motor vehicle designed or adapted for off-road use and, without limiting the generality of the foregoing, includes an all-terrain vehicle, a dirt bike, a dune buggy, a motorized snow vehicle or an amphibious vehicle, but does not include any vehicle which is designed for use and is being used in agriculture, forestry, mining or construction, any vehicle registered under the Motor Vehicle Act or any vehicle exempted from the application of this Act by regulation;

3 Section 2 of the Act is repealed and the following is substituted:

2 The Registrar shall act under the instructions of the Minister and Deputy Minister and has general supervision over all matters relating to off-road vehicles in the Province, other than those matters provided for in sections 7.1 to 7.92 and those matters otherwise relating to motorized snow vehicle trail permits, all-terrain vehicle trail permits, motorized snow vehicle managed trails and all-terrain vehicle managed trails, and shall perform such duties as are assigned to the Registrar by this Act, by the Lieutenant-Governor in Council or by the Minister or Deputy Minister.

4 Section 3 of the Act is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out "all-terrain vehicle" and substituting "off-road vehicle";

(ii) in paragraph (b) by striking out "and" at the end of the paragraph;

(iii) in paragraph (c) by striking out the period at the end of the paragraph and substituting a comma followed by "and";

(iv) by adding after paragraph (c) the following:

(d) if it is an all-terrain vehicle, it is covered by a motor vehicle liability insurance policy providing the insurance referred to in sections 243 and 264 of the Insurance Act.

(b) in subsection (2)

(i) in the portion preceding paragraph (a) by striking out "all terrain vehicle" and substituting "off-road vehicle";

(ii) by repealing paragraph (b) and substituting the following:

(b) produces, if the vehicle is a motorized snow vehicle to which paragraph (1)(c) applies or an all-terrain vehicle to which paragraph (1)(d) applies, evidence satisfactory to the Registrar that the vehicle is covered by an insurance policy required under paragraph (1)(c) or (d), as the case may be, and

(c) in subsection (3) in the portion preceding paragraph (a) by striking out "all-terrain vehicle" and substituting "off-road vehicle";

(d) by repealing subsection (4) and substituting the following:

3(4) Subsection (1) does not apply to off-road vehicles, other than motorized snow vehicles or all-terrain vehicles, that are owned by manufacturers or dealers of such vehicles, are kept for sale and not for renting or leasing and are only operated for demonstration or testing purposes.

(e) by adding after subsection (5) the following:

3(5.1) Paragraphs (1)(a) and (b) do not apply to all-terrain vehicles that are owned by manufacturers or dealers of such vehicles, are kept for sale and not for renting or leasing and are only operated for demonstration or testing purposes.

(f) in subsection (6)

(i) in the portion preceding paragraph (a) by striking out "all-terrain vehicle" and substituting "off-road vehicle";

(ii) in paragraph (b) of the French version by striking out "véhicule tout-terrain" and substituting "véhicule hors route";

(iii) in paragraph (c) by striking out "all-terrain vehicle" and substituting "off-road vehicle";

(g) by adding after subsection (7) the following:

3(8) Paragraph (1)(d) does not apply to an all-terrain vehicle that is operated exclusively on land owned by the operator of the vehicle.

5 Section 7.1 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

7.1(1) Subject to subsection (2), no person shall operate a motorized snow vehicle on a motorized snow vehicle managed trail unless

(a) a motorized snow vehicle trail permit that is a decal is permanently attached to and conspicuously displayed on the motorized snow vehicle, or

(b) a motorized snow vehicle dealer trail permit is attached to the ignition key inserted in the ignition of the motorized snow vehicle.

(b) in subsection (3) by striking out "managed trail" and substituting "motorized snow vehicle managed trail";

(c) by repealing subsection (4) and substituting the following:

7.1(4) Subsection (3) does not apply to a person

(a) operating a motor vehicle

(i) on behalf of the motorized snow vehicle trail manager in the course of carrying out any duty or exercising any power given to the motorized snow vehicle trail manager under this Act, or

(ii) on private land that is owned or lawfully occupied by the person or by a member of the immediate family of the person, while crossing a motorized snow vehicle managed trail that divides that land in order to move the motor vehicle from one portion of that land directly to the other portion, in accordance with a written consent under paragraph 7.4(1)(a), or

(b) operating an off-road vehicle that is not a motorized snow vehicle on a bridge, overpass, underpass or roadway or railway crossing, on the access to any of them or to services, or in an emergency, on a motorized snow vehicle managed trail in accordance with written authority given by the motorized snow vehicle trail manager under paragraph 7.2(3)(n).

6 Section 7.2 of the Act is repealed and the following is substituted:

7.2(1) The Minister of Tourism and Parks may appoint a person or an association as a motorized snow vehicle trail manager.

7.2(2) The motorized snow vehicle trail manager is not an agent of the Crown in right of the Province.

7.2(3) The Minister of Tourism and Parks may enter into an agreement with the motorized snow vehicle trail manager, which may include provisions

(a) authorizing the motorized snow vehicle trail manager to receive and process applications for motorized snow vehicle trail permits and to issue and replace motorized snow vehicle trail permits,

(b) authorizing the motorized snow vehicle trail manager to determine the form and manner in which applications for motorized snow vehicle trail permits are made, to determine the form of, manner of issuance of and classes of motorized snow vehicle trail permits, to establish conditions that apply in relation to the issuance, holding, replacement and use of motorized snow vehicle trail permits and to establish the period of validity of classes of motorized snow vehicle trail permits,

(c) authorizing the motorized snow vehicle trail manager to establish fees annually, with the written approval of the Minister of Tourism and Parks, for the issuance and replacement of motorized snow vehicle trail permits, which fees may vary according to the class of motorized snow vehicle trail permit and according to the date of issuance,

(d) authorizing the motorized snow vehicle trail manager to receive and retain for the purposes set out in the agreement the fees established under paragraph (c),

(e) authorizing the motorized snow vehicle trail manager to establish guidelines upon which persons or classes of persons may be exempted from the requirement to pay any fee established under paragraph (c),

(f) authorizing the motorized snow vehicle trail manager to issue a motorized snow vehicle trail permit, without payment of a fee established under paragraph (c), to any person who is exempt from payment of the fee,

(g) authorizing the motorized snow vehicle trail manager to allocate and distribute the funds derived from fees established under paragraph (c) in accordance with the guidelines set out in the agreement,

(h) authorizing and requiring the motorized snow vehicle trail manager to supervise, construct, maintain by grooming or otherwise, administer, control and operate motorized snow vehicle managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near motorized snow vehicle managed trails in accordance with any guidelines or requirements that may be set out in the agreement,

(i) establishing the standards to be met for signage to be posted, erected or maintained on and removed from motorized snow vehicle managed trails,

(j) establishing the kind, term, amount and form of liability insurance that the motorized snow vehicle trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Tourism and Parks and establishing which persons or associations are to be insured, the manner of disposition of the proceeds of the insurance and any other matter in relation to the insurance,

(k) establishing requirements to be met by the motorized snow vehicle trail manager and any person or association acting on behalf of the motorized snow vehicle trail manager in relation to the keeping of records and other information and in relation to the submission of reports and other information to the Minister of Tourism and Parks,

(l) establishing requirements for accounting by the motorized snow vehicle trail manager and by any person or association acting on behalf of the motorized snow vehicle trail manager in relation to the execution of the duties or the exercise of the powers given to the motorized snow vehicle trail manager under this Act,

(m) establishing requirements in relation to auditing, by an auditor approved by the Minister of Tourism and Parks, of the financial statements of the motorized snow vehicle trail manager and of any person or association acting on behalf of the motorized snow vehicle trail manager that relate to the execution of the duties or the exercise of the powers given to the motorized snow vehicle trail manager under this Act,

(n) authorizing the motorized snow vehicle trail manager to give to associations of operators of off-road vehicles and their members, written authority to operate an off-road vehicle, other than a motorized snow vehicle, on a bridge, overpass, underpass or roadway or railway crossing, on the access to any of them or to services, or in an emergency, on a motorized snow vehicle managed trail in accordance with any conditions set out in the written authority,

(o) establishing the circumstances under which the Minister of Tourism and Parks or the motorized snow vehicle trail manager may suspend or cancel the agreement,

(p) authorizing the motorized snow vehicle trail manager to subdelegate to another person or association any of the duties or powers given to the motorized snow vehicle trail manager under paragraphs (a), (d), (f) and (h), and

(q) setting out any other duty or power of the motorized snow vehicle trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the motorized snow vehicle trail manager to subdelegate that duty or power to another person or association.

7.2(4) Fees received and retained under a valid agreement made under this section by the motorized snow vehicle trail manager or a person or association acting on behalf of the motorized snow vehicle trail manager in relation to the issuance or replacement of motorized snow vehicle trail permits are not public money for the purposes of the Financial Administration Act.

7.2(5) Notwithstanding any other provision of this Act, at any time when no motorized snow vehicle trail manager is appointed and at any time when there is no valid agreement made with the motorized snow vehicle trail manager under this section, the Minister of Tourism and Parks or a person designated to act on behalf of that Minister may, in that Minister's or designate's absolute discretion, execute any of the duties or exercise any of the powers that are given or may be given to the motorized snow vehicle trail manager under this Act.

7 Section 7.3 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

7.3(1) A motorized snow vehicle trail manager or a person or association acting on behalf of the motorized snow vehicle trail manager may post, erect or maintain signs on trails or may remove them in order to identify motorized snow vehicle managed trails and to administer, control and operate the motorized snow vehicle managed trails.

(b) by repealing subsection (2) and substituting the following:

7.3(2) The signs shall be in conformity with, and shall be posted, erected, maintained and removed in conformity with, the agreement made between the Minister of Tourism and Parks and the motorized snow vehicle trail manager under subsection 7.2(3).

(c) by repealing subsection (4) and substituting the following:

7.3(4) No person shall operate a motorized snow vehicle on a motorized snow vehicle managed trail in contravention of a sign posted or erected under subsection (1).

(d) by repealing subsection (5).

8 Subsection 7.4(1) of the Act is repealed and the following is substituted:

7.4(1) No motorized snow vehicle trail manager and no person or association acting on behalf of the motorized snow vehicle trail manager shall groom a motorized snow vehicle managed trail, identify a trail as a motorized snow vehicle managed trail by posting or erecting signs or otherwise administer, control or operate a motorized snow vehicle managed trail

(a) on private land, unless the motorized snow vehicle trail manager has first obtained the written consent of the person entitled to withhold consent with respect to the land on which the trail is situated, authorizing the use of the trail as a motorized snow vehicle managed trail,

(b) on municipal land, unless the motorized snow vehicle trail manager has first obtained the written consent of the municipality that owns or leases the land, authorizing the use of the trail as a motorized snow vehicle managed trail,

(c) on Crown Lands, unless the motorized snow vehicle trail manager has first obtained a lease from the Crown in right of the Province, authorizing the use of the trail as a motorized snow vehicle managed trail, and

(d) on a highway as defined under the Highway Act, unless the motorized snow vehicle trail manager has first obtained a highway usage permit under that Act, authorizing the use of the highway or any part of it as a motorized snow vehicle managed trail.

9 Section 7.5 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

7.5(1) The motorized snow vehicle trail manager shall carry and maintain liability insurance in conformity with the requirements established in the agreement made between the Minister of Tourism and Parks and the motorized snow vehicle trail manager under subsection 7.2(3).

(b) by repealing subsection (2) and substituting the following:

7.5(2) No action or other proceeding lies or shall be commenced against an owner or occupier of land, any municipality, Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them for any injury, loss or damage suffered as a result of, arising out of or stemming from any person using, operating, riding or being towed by a motorized snow vehicle on a motorized snow vehicle managed trail.

(c) by repealing subsection (3) and substituting the following:

7.5(3) Subsection (2) does not apply to an action or other proceeding against an owner or occupier of land, a municipality, Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them in circumstances where the owner, occupier or municipality, Her Majesty in right of the Province, the Minister of the Crown in right of the Province or the employee, officer or agent, as the case may be,

(a) creates or has created a danger on a motorized snow vehicle managed trail with the deliberate intention of doing harm or damage to the person or the person's property,

(b) does or has done a wilful act with reckless disregard for the presence of the person or the person's property on a motorized snow vehicle managed trail, or

(c) is negligent while using, operating, riding or being towed by a motorized snow vehicle on a motorized snow vehicle managed trail or is negligent in failing to oversee properly an employee, officer or agent who is using, operating, riding or being towed by a motorized snow vehicle on a motorized snow vehicle managed trail.

(d) by repealing subsection (4) and substituting the following:

7.5(4) No action or other proceeding lies or shall be commenced against Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them

(a) in respect of any act done or omitted to be done in good faith in the execution or the intended execution of a duty or in the exercise or the intended exercise of a power delegated or given to the motorized snow vehicle trail manager under this Act or subdelegated by the motorized snow vehicle trail manager to another person or association under this Act, or

(b) in respect of any tort committed by the motorized snow vehicle trail manager, a subdelegate of the motorized snow vehicle trail manager or an employee or agent of the motorized snow vehicle trail manager or subdelegate in relation to a duty or power delegated or given to the motorized snow vehicle trail manager under this Act or subdelegated by the motorized snow vehicle trail manager to another person or association under this Act.

10 The Act is amended by adding after section 7.6 the following:

7.7(1) Subject to subsection (2), no person shall operate an all-terrain vehicle on an all-terrain vehicle managed trail unless

(a) an all-terrain vehicle trail permit that is a decal is permanently attached to and conspicuously displayed on the all-terrain vehicle, or

(b) an all-terrain vehicle dealer trail permit is attached to the ignition key inserted in the ignition of the all-terrain vehicle.

7.7(2) Subsection (1) does not apply to a person operating an all-terrain vehicle on land that is owned or lawfully occupied by the person or by a member of the immediate family of the person.

7.8(1) The Minister of Natural Resources and Energy may appoint a person or an association as an all-terrain vehicle trail manager.

7.8(2) The all-terrain vehicle trail manager is not an agent of the Crown in right of the Province.

7.8(3) The Minister of Natural Resources and Energy may enter into an agreement with the all-terrain vehicle trail manager, which may include provisions

(a) authorizing the all-terrain vehicle trail manager to receive and process applications for all-terrain vehicle trail permits and to issue and replace all-terrain vehicle trail permits,

(b) authorizing the all-terrain vehicle trail manager to determine the form and manner in which applications for all-terrain vehicle trail permits are made, to determine the form of, manner of issuance of and classes of all-terrain vehicle trail permits, to establish conditions that apply in relation to the issuance, holding, replacement and use of all-terrain vehicle trail permits and to establish the period of validity of classes of all-terrain vehicle trail permits,

(c) authorizing the all-terrain vehicle trail manager to establish fees annually, with the written approval of the Minister of Natural Resources and Energy, for the issuance and replacement of all-terrain vehicle trail permits, which fees may vary according to the class of all-terrain vehicle trail permit and according to the date of issuance,

(d) authorizing the all-terrain vehicle trail manager to receive and retain for the purposes set out in the agreement the fees established under paragraph (c),

(e) authorizing the all-terrain vehicle trail manager to establish guidelines upon which persons or classes of persons may be exempted from the requirement to pay any fee established under paragraph (c),

(f) authorizing the all-terrain vehicle trail manager to issue an all-terrain vehicle trail permit, without payment of a fee established under paragraph (c), to any person who is exempt from payment of the fee,

(g) authorizing the all-terrain vehicle trail manager to allocate and distribute the funds derived from fees established under paragraph (c) in accordance with the guidelines set out in the agreement,

(h) authorizing and requiring the all-terrain vehicle trail manager to supervise, construct, groom or otherwise maintain, administer, control and operate all-terrain vehicle managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near all-terrain vehicle managed trails in accordance with any guidelines or requirements that may be set out in the agreement,

(i) establishing the standards to be met for signage to be posted, erected or maintained on and removed from all-terrain vehicle managed trails,

(j) establishing the kind, term, amount and form of liability insurance that the all-terrain vehicle trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Natural Resources and Energy and establishing which persons or associations are to be insured, the manner of disposition of the proceeds of the insurance and any other matter in relation to the insurance,

(k) establishing requirements to be met by the all-terrain vehicle trail manager and any person or association acting on behalf of the all-terrain vehicle trail manager in relation to the keeping of records and other information and in relation to the submission of reports and other information to the Minister of Natural Resources and Energy,

(l) establishing requirements for accounting by the all-terrain vehicle trail manager and by any person or association acting on behalf of the all-terrain vehicle trail manager in relation to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,

(m) establishing requirements in relation to auditing, by an auditor approved by the Minister of Natural Resources and Energy, of the financial statements of the all-terrain vehicle trail manager and of any person or association acting on behalf of the all-terrain vehicle trail manager that relate to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,

(n) authorizing the all-terrain vehicle trail manager to give to associations of operators of off-road vehicles and their members, written authority to operate an off-road vehicle, other than an all-terrain vehicle, on a bridge, overpass, underpass or roadway or railway crossing, on the access to any of them or to services, or in an emergency, on an all-terrain vehicle managed trail in accordance with any conditions set out in the written authority,

(o) establishing the circumstances under which the Minister of Natural Resources and Energy or the all-terrain vehicle trail manager may suspend or cancel the agreement,

(p) authorizing the all-terrain vehicle trail manager to subdelegate to another person or association any of the duties or powers given to the all-terrain vehicle trail manager under paragraphs (a), (d), (f) and (h), and

(q) setting out any other duty or power of the all-terrain vehicle trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the all-terrain vehicle trail manager to subdelegate that duty or power to another person or association.

7.8(4) Fees received and retained under a valid agreement made under this section by the all-terrain vehicle trail manager or a person or association acting on behalf of the all-terrain vehicle trail manager in relation to the issuance or replacement of all-terrain vehicle trail permits are not public money for the purposes of the Financial Administration Act.

7.8(5) Notwithstanding any other provision of this Act, at any time when no all-terrain vehicle trail manager is appointed and at any time when there is no valid agreement made with the all-terrain vehicle trail manager under this section, the Minister of Natural Resources and Energy or a person designated to act on behalf of that Minister may, in that Minister's or designate's absolute discretion, execute any of the duties or exercise any of the powers that are given or may be given to the all-terrain vehicle trail manager under this Act.

7.9(1) An all-terrain vehicle trail manager or a person or association acting on behalf of the all-terrain vehicle trail manager may post, erect or maintain signs on trails or may remove them in order to identify managed all-terrain vehicle trails and to administer, control and operate the all-terrain vehicle managed trails.

7.9(2) The signs shall be in conformity with, and shall be posted, erected, maintained and removed in conformity with, the agreement made between the Minister of Natural Resources and Energy and the all-terrain vehicle trail manager under subsection 7.8(3).

7.9(3) No person shall tear down, remove, damage, cover, deface or alter a sign posted or erected under subsection (1) unless doing so under the authority of subsection (1).

7.9(4) No person shall operate an all-terrain vehicle on an all-terrain vehicle managed trail in contravention of a sign posted or erected under subsection (1).

7.91(1) No all-terrain vehicle trail manager and no person or association acting on behalf of the all-terrain vehicle trail manager shall groom or otherwise maintain an all-terrain vehicle managed trail, identify a trail as an all-terrain vehicle managed trail by posting or erecting signs or otherwise administer, control or operate an all-terrain vehicle managed trail

(a) on private land, unless the all-terrain vehicle trail manager has first obtained the written consent of the person entitled to withhold consent with respect to the land on which the trail is situated, authorizing the use of the trail as an all-terrain vehicle managed trail,

(b) on municipal land, unless the all-terrain vehicle trail manager has first obtained the written consent of the municipality that owns or leases the land, authorizing the use of the trail as an all-terrain vehicle managed trail,

(c) on Crown Lands, unless the all-terrain vehicle trail manager has first obtained a lease from the Crown in right of the Province, authorizing the use of the trail as an all-terrain vehicle managed trail, and

(d) on a highway as defined under the Highway Act, unless the all-terrain vehicle trail manager has first obtained a highway usage permit under that Act, authorizing the use of the highway or any part of it as an all-terrain vehicle managed trail.

7.91(2) The written consent or lease, as the case may be, shall include

(a) terms establishing the rights and obligations of the consenting party or the Crown in right of the Province, as the case may be, in relation to withdrawal of the consent or cancellation of the lease, and any rights and obligations of the parties where the consent is withdrawn or the lease is cancelled, and

(b) a description of any other conditions that apply to either party in relation to the consent or lease.

7.91(3) Terms and conditions referred to in subsection (2) may vary as between different written consents or leases.

7.92(1) The all-terrain vehicle trail manager shall carry and maintain liability insurance in conformity with the requirements established in the agreement made between the Minister of Natural Resources and Energy and the all-terrain vehicle trail manager under subsection 7.8(3).

7.92(2) No action or other proceeding lies or shall be commenced against an owner or occupier of land, any municipality, Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them for any injury, loss or damage suffered as a result of, arising out of or stemming from any person using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.

7.92(3) Subsection (2) does not apply to an action or other proceeding against an owner or occupier of land, a municipality, Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them in circumstances where the owner, occupier or municipality, Her Majesty in right of the Province, the Minister of the Crown in right of the Province or the employee, officer or agent, as the case may be,

(a) creates or has created a danger on an all-terrain vehicle managed trail with the deliberate intention of doing harm or damage to the person or the person's property,

(b) does or has done a wilful act with reckless disregard for the presence of the person or the person's property on an all-terrain vehicle managed trail, or

(c) is negligent while using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail or is negligent in failing to oversee properly an employee, officer or agent who is using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.

7.92(4) No action or other proceeding lies or shall be commenced against Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them

(a) in respect of any act done or omitted to be done in good faith in the execution or the intended execution of a duty or in the exercise or the intended exercise of a power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act, or

(b) in respect of any tort committed by the all-terrain vehicle trail manager, a subdelegate of the all-terrain vehicle trail manager or an employee or agent of the all-terrain vehicle trail manager or subdelegate in relation to a duty or power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act.

11 Section 9 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

9(1) No person shall deface or alter a number plate, decal, registration certificate, motorized snow vehicle trail permit or all-terrain vehicle trail permit issued under this Act.

(b) by repealing subsection (2) and substituting the following:

9(2) No person shall manufacture a fraudulent number plate, decal, registration certificate, motorized snow vehicle trail permit or all-terrain vehicle trail permit.

(c) by repealing subsection (3) and substituting the following:

9(3) No owner of an off-road vehicle shall use or allow the use of a defaced, altered or fraudulent number plate, decal, registration certificate, motorized snow vehicle trail permit or all-terrain vehicle trail permit in connection with the vehicle.

12 Section 11 of the Act is repealed and the following is substituted:

11 No person shall knowingly make a false statement of fact in any application, declaration, affidavit or other document required under this Act, including documents required by

(a) the motorized snow vehicle trail manager or a person or association acting on behalf of the motorized snow vehicle trail manager under this Act or under an agreement made under subsection 7.2(3), or

(b) the all-terrain vehicle trail manager or a person or association acting on behalf of the all-terrain vehicle trail manager under this Act or under an agreement made under subsection 7.8(3).

13 The Act is amended by adding after section 16 the following:

16.1 Notwithstanding section 16, a person may operate a motorized snow vehicle on a motorized snow vehicle managed trail, or an all-terrain vehicle on an all-terrain vehicle managed trail, within 7.5 metres of the travelled portion of a highway.

14 Section 17 of the Act is amended

(a) by repealing the portion preceding paragraph (a) and substituting the following:

17 Notwithstanding section 16, a person sixteen years of age or older may drive an off-road vehicle across any roadway, and a person fourteen years of age or older may drive an off-road vehicle across a roadway that is not an arterial or collector highway, if

(b) in paragraph (a) of the French version by striking out "véhicule tout-terrain" and substituting "véhicule hors route".

15 Subsection 18(2) of the Act is repealed and the following is substituted:

18(2) Notwithstanding section 16, a person may operate an off-road vehicle on a highway in connection with a special off-road vehicle event of limited duration conducted in accordance with a pre-arranged schedule pursuant to permission granted by the appropriate governmental authority.

16 The Act is amended by adding after section 19.1 the following:

19.2(1) No person under sixteen years of age shall drive a motorized snow vehicle unless the person has successfully completed a motorized snow vehicle safety training course approved by the Registrar.

19.2(2) No owner or person in possession or control of a motorized snow vehicle shall permit a person under sixteen years of age to drive the vehicle unless the person under sixteen years of age produces a document certifying that he or she has completed the safety training course referred to in subsection (1).

19.2(3) Where a person appears to be under sixteen years of age and is unable to produce the document referred to in subsection (2), the owner or person in possession or control of a motorized snow vehicle shall demand satisfactory proof of age.

19.3(1) No person under sixteen years of age shall drive an all-terrain vehicle unless the person has successfully completed an all-terrain vehicle safety training course approved by the Registrar.

19.3(2) No owner or person in possession or control of an all-terrain vehicle shall permit a person under sixteen years of age to drive the vehicle unless the person under sixteen years of age produces a document certifying that he or she has completed the safety training course referred to in subsection (1).

19.3(3) Where a person appears to be under sixteen years of age and is unable to produce the document referred to in subsection (2), the owner or person in possession or control of an all-terrain vehicle shall demand satisfactory proof of age.

19.4(1) Where it appears that the proof of age provided under subsection 19.2(3) or 19.3(3) has been altered in any way, the person who demanded the proof of age shall not accept it as satisfactory.

19.4(2) In a prosecution under section 19.2 or 19.3, the judge shall determine from the appearance of the person under sixteen years of age whether he or she appears to be under sixteen years of age.

17 Subsection 24(1) of the Act is amended

(a) in the portion preceding paragraph (a) by striking out "all-terrain vehicle" and substituting "off-road vehicle";

(b) by adding after paragraph (c) the following:

(c.1) if the vehicle is a motorized snow vehicle or an all-terrain vehicle being operated by a person under sixteen years of age, to produce the document certifying that the operator successfully completed the safety training course referred to in subsection 19.2(1) or 19.3(1), as the case may be,

(c.2) if the vehicle is a motorized snow vehicle or an all-terrain vehicle being operated by a person who appears to be under sixteen years of age, and unable to produce the document referred to in subsection 19.2(2) or 19.3(2), as the case may be,   to produce satisfactory proof of age,   

(c) by repealing paragraph (d) and substituting the following:

(d) to make the off-road vehicle, any equipment or device in, on, attached to or towed by the off-road vehicle and any helmet or other equipment worn by the operator or occupant available to the peace officer for inspection,

(d) by repealing paragraph (e) and substituting the following:

(e) if the vehicle is a motorized snow vehicle to which paragraph 3(1)(c) applies or an all-terrain vehicle to which paragraph 3(1)(d) applies, to produce a valid motor vehicle liability card issued by an insurer in respect of the vehicle,

(e) by repealing paragraph (f) and substituting the following:

(f) if the vehicle is a motorized snow vehicle to which subsection 7.1(1) applies and it is being operated on a motorized snow vehicle managed trail, to show the peace officer the motorized snow vehicle trail permit displayed, or attached to the ignition key inserted in the ignition, as the case may be, in conformity with that subsection, and

(f) by adding after paragraph (f) the following:

(g) if the vehicle is an all-terrain vehicle to which subsection 7.7(1) applies and it is being operated on an all-terrain vehicle managed trail, to show the peace officer the all-terrain vehicle trail permit displayed, or attached to the ignition key inserted in the ignition, as the case may be, in conformity with that subsection.

18 Subsection 25(1) of the Act is amended

(a) by striking out the portion preceding paragraph (a) and substituting the following:

25(1) An operator of an off-road vehicle who is directly or indirectly involved in an accident with a pedestrian, cyclist or occupied motor vehicle, shall

(b) in paragraph (b)

(i) by repealing subparagraph (iv) and substituting the following:

(iv) if the vehicle is a motorized snow vehicle to which paragraph 3(1)(c) applies or an all-terrain vehicle to which paragraph 3(1)(d) applies, a valid motor vehicle liability insurance card issued by an insurer in respect of the vehicle,

(ii) by repealing subparagraph (v) and substituting the following:

(v) if the vehicle is a motorized snow vehicle to which subsection 7.1(1) applies and it is being operated on a motorized snow vehicle managed trail, the motorized snow vehicle trail permit displayed, or attached to the ignition key inserted in the ignition, as the case may be, in conformity with that subsection, and

(iii) by adding after subparagraph (v) the following:

(vi) if the vehicle is an all-terrain vehicle to which subsection 7.7(1) applies and it is being operated on an all-terrain vehicle managed trail, the all-terrain vehicle trail permit displayed, or attached to the ignition key inserted in the ignition, as the case may be, in conformity with that subsection.

19 Section 31.1 of the Act is repealed and the following is substituted:

31.1 If the owner of a motorized snow vehicle is convicted of an offence under paragraph 3(1)(c) or for failure to produce a valid motor vehicle liability insurance card as required under paragraph 24(1)(e) and subsection 24(2), or under subparagraph 25(1)(b)(iv), the Registrar may suspend the registration of the vehicle until the owner produces evidence satisfactory to the Registrar that the vehicle is covered by the required insurance policy.

20 The Act is amended by adding after section 31.1 the following:

31.2 If the owner of an all-terrain vehicle is convicted of an offence under paragraph 3(1)(d) or for failure to produce a valid motor vehicle liability insurance card as required under paragraph 24(1)(e) and subsection 24(2), or under subparagraph 25(1)(b)(iv), the Registrar may suspend the registration of the vehicle until the owner produces evidence satisfactory to the Registrar that the vehicle is covered by the required insurance policy.

21 Section 35 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out "all-terrain vehicle" and substituting "off-road vehicle";

(b) by repealing paragraph (b) and substituting the following:

(b) the vehicle is a motorized snow vehicle to which paragraph 3(1)(c) applies or an all-terrain vehicle to which paragraph 3(1)(d) applies, the motor vehicle liability insurance policy required under paragraph 3(1)(c) or (d), as the case may be, has expired or been cancelled.

22 Subsection 37(1) of the Act is amended

(a) in paragraph (a) by striking out "all-terrain vehicles" and substituting "off-road vehicles";

(b) in paragraph (b) by striking out "all-terrain vehicles" and substituting "off-road vehicles".

23 Section 38 of the Act is amended

(a) in paragraph (a) by striking out "all-terrain vehicles" and substituting "off-road vehicles";

(b) in paragraph (b) by striking out "all-terrain vehicles" and substituting "off-road vehicles";

(c) in paragraph (c) by striking out "all-terrain vehicles" and substituting "off-road vehicles";

(d) by repealing paragraph (d.1) and substituting the following:

(d.1) prescribing any duty or power of the motorized snow vehicle trail manager for the purposes of subsection 7.2(3) and establishing whether or not the Minister of Tourism and Parks may, in an agreement made under that subsection, authorize the motorized snow vehicle trail manager to subdelegate that duty or power to another person or association;

(e) by adding after paragraph (d.1) the following:

(d.2) prescribing any duty or power of the all-terrain vehicle trail manager for the purposes of subsection 7.8(3) and establishing whether or not the Minister of Natural Resources and Energy may, in an agreement made under that subsection, authorize the all-terrain vehicle trail manager to subdelegate that duty or power to another person or association;

(f) in paragraph (g) by striking out "all-terrain vehicles" and substituting "off-road vehicles".

24 Section 39 of the Act is repealed and the following is substituted:

39 Subject to subsections 7.2(4), 7.8(4) and 39.2(4), all fees paid under this Act are part of the revenue of the Province and shall be paid into the Consolidated Fund.

25 The Act is amended by adding after section 39 the following:

39.1 There is hereby established a fund to be known as the Trail Management Trust Fund.

39.2(1) The Minister of Natural Resources and Energy shall be the custodian and trustee of the Fund.

39.2(2) The Fund shall be a separate account in the Consolidated Fund.

39.2(3) All interest arising from the Fund shall be paid into and form part of the Fund.

39.2(4) The following shall be paid into the Fund:

(a) $15 of the fee prescribed by regulation for the registration of a motorized snow vehicle;

(b) $25 of the fee prescribed by regulation for the registration of an all-terrain vehicle;

(c) subject to subsection (5), money acquired by gift, donation, bequest or contribution.

39.2(5) No money derived from a gift, donation, bequest or contribution shall be paid into the Fund if any term or condition imposed on the gift, donation, bequest or contribution by the person making the gift, donation, bequest or contribution is inconsistent with the purposes set out in section 39.3.

39.2(6) The use of all money derived from a gift, donation, bequest or contribution and paid into the Fund is subject to any term or condition imposed by the person making the gift, donation, bequest or contribution.

39.3 The Minister of Natural Resources and Energy may make payments out of the Fund for the following purposes:

(a) the development and maintenance of motorized snow vehicle managed trails or all-terrain vehicle managed trails, or both;

(b) the purchase, rental and maintenance of equipment for the development and maintenance of motorized snow vehicle managed trails or all-terrain vehicle managed trails, or both;

(c) the infrastructure of motorized snow vehicle managed trails or all-terrain vehicle managed trails, or both;

(d) the signage on motorized snow vehicle managed trails or all-terrain vehicle managed trails, or both;

(e) the provision of educational and prevention initiatives relative to safe driving practices of motorized snow vehicles or all-terrain vehicles, or both;

(f) the provision of educational and prevention initiatives relative to the impact of motorized snow vehicles or all-terrain vehicles on the environment, or both;

(g) the provision of operating grants to the motorized snow vehicle trail manager or the all-terrain vehicle trail manager, or both;

(h) the enforcement of this Act; and

(i) in accordance with the Travel Directive of the Board of Management, the reimbursement of travelling and other expenses incurred by members of the Advisory Board in the performance of their duties.

39.4 There is hereby established a board to be known as the Trail Management Trust Fund Advisory Board whose members are to be appointed as follows by the Minister of Natural Resources and Energy for such terms as that Minister considers appropriate:

(a) five voting members, being:

(i) two representatives of the all-terrain vehicle trail manager,

(ii) two representatives of the motorized snow vehicle trail manager, and

(iii) one representative from the Royal Canadian Mounted Police; and

(b) five non-voting members, being:

(i) one representative from the Department of Public Safety,

(ii) one representative from the Department of Natural Resources and Energy,

(iii) one representative from the Department of Tourism and Parks,

(iv) one representative from the Department of Transportation, and

(v) one representative from the Department of the Environment and Local Government.

39.5 The Advisory Board shall provide advice and make recommendations to the Minister of Natural Resources and Energy for payments out of the Fund for any of the purposes set out in section 39.3.

39.6(1) The Minister of Natural Resources and Energy shall designate a Chairperson from among the non-voting members of the Advisory Board.

39.6(2) The members of the Advisory Board shall designate from among the non-voting members a Vice-Chairperson who shall act as Chairperson in the absence or inability to act of the Chairperson.

39.7 The members of the Advisory Board shall not receive remuneration, but are entitled to be reimbursed, in accordance with the Travel Directive of the Board of Management, for travelling and other expenses incurred by them in the performance of their duties.

39.8 Three of the voting members of the Advisory Board, of whom one shall be a representative of the all-terrain vehicle trail manager and one shall be a representative of the motorized snow vehicle trail manager, constitutes a quorum.

39.9 The Advisory Board may establish its own rules of procedure insofar as the rules are consistent with this Act.

26 Section 40 of the Act is repealed and the following is substituted:

40 The Motor Vehicle Act does not apply to off-road vehicles or the operation thereof except where specifically provided for in this Act.

27(1) The following provisions of the Act are amended by striking out "all-terrain vehicle" wherever it appears and substituting "off-road vehicle":

(a) section 1

(i) in the definition "occupant";

(ii) in the definition "operate";

(iii) in the definition "owner";

(b) subsections 4(1) and (2);

(c) section 5 in the portion preceding paragraph (a);

(d) section 6;

(e) paragraphs 7(3)(a), (b) and (c);

(f) subsection 15(1);

(g) section 16;

(h) subsection 18(1) in the portion preceding paragraph (a);

(i) section 19 in the portion preceding paragraph (a);

(j) subsections 19.1(1) and (2);

(k) section 20;

(l) section 21;

(m) subsection 22(1), subsection 22(2) in the portion preceding paragraph (a) and subsection 22(5);

(n) section 23 in the portion preceding paragraph (a);

(o) subsection 24(2);

(p) subsection 25(2);

(q) subsection 26(1) in the portion preceding paragraph (a), subsections 26(2), (3) and (4);

(r) section 27;

(s) section 28;

(t) subsection 30(2);

(u) section 33;

(v) section 34 in the portion preceding paragraph (a).

27(2) The following provisions of the Act are amended by striking out "all-terrain vehicles" wherever they appear and substituting "off-road vehicles":

(a) section 1 in the definition "dealer";

(b) subsections 12(1) and (3).

28 Schedule A of the Act is repealed and the following is substituted:

SCHEDULE A
Column I Column II
Section Category Of Offence
3(1)(a) C
3(1)(b) B
3(1)(c) H
3(1)(d) H
4(1) C
4(2) B
6 B
7.1(1) B
7.1(3) B
7.3(3) E
7.3(4) E
7.7(1) B
7.9(3) E
7.9(4) E
9(1) E
9(2) F
9(3) F
11 F
12(1) E
12(2) E
14(4) C
14(5) C
15(1) C
15(2) C
15(3) C
16 E
19.1 E
19.2(1) E
19.2(2) E
19.3(1) E
19.3(2) E
20 F
21 C
22 C
23 C
24(2) F
25(1) E
25(2) C
26(1) F
26(2) C
26(3) C
26(4) C
28 E
29(1) B
35(a) C
35(b) C


Transitional provisions
29(1) The Trail Management Trust Fund shall be deemed to have been validly established, and is valid for all purposes and its establishment is confirmed and ratified.

29(2) All payments into and out of the Trail Management Trust Fund from November 15, 2002, to the date of enactment of this section, inclusive, shall be deemed to have been validly made, are valid for all purposes and are confirmed and ratified.

30 Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document:

(a) reference is made to the trail manager, it shall be read, unless the context otherwise requires, as a reference to the motorized snow vehicle trail manager;

(b) reference is made to a trail permit, it shall be read, unless the context otherwise requires, as a reference to a motorized snow vehicle trail permit;

(c) reference is made to a managed trail, it shall be read, unless the context otherwise requires, as a reference to a motorized snow vehicle managed trial.

31 The person or association holding the office of trail manager under the All-Terrain Vehicle Act immediately before the commencement of this section shall be deemed to have been appointed the motorized snow vehicle trail manager under subsection 7.2(1) of the Off-Road Vehicle Act as enacted by section 6 of this Act.

Consequential amendments
Edmundston Act, 1998
32 Paragraph 4(1)(a) of the Edmundston Act, 1998, chapter E-1.111 of the Acts of New Brunswick, 1998, is amended by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

Financial Administration Act
33(1) Section 1 of New Brunswick Regulation 85-205 under the Financial Administration Act is amended by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

33(2) Section 3 of the Regulation is amended by striking out "all-terrain vehicle" and substituting "off-road vehicle".

33(3) Section 4 of the Regulation is amended by striking out "all-terrain vehicle" and substituting "off-road vehicle".

33(4) Section 5 of the Regulation is amended by striking out "all-terrain vehicle" and substituting "off-road vehicle".

33(5) Section 6 of the Regulation is amended by striking out "all-terrain vehicle" and substituting "off-road vehicle".

Fish and Wildlife Act
34 Subsection 80.1(1) of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended in the portion preceding paragraph (a) by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

Harmonized Sales Tax Act
35(1) Section 14 of the Harmonized Sales Tax Act, chapter H-1.01 of the Acts of New Brunswick, 1997, is amended

(a) in subsection (1) by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act";

(b) in subsection (2) by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

35(2) Section 15 of the Act is amended

(a) in subsection (1) by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act";

(b) in subsection (2) by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

35(3) Subsection 16(2) of the Act is amended by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

35(4) Section 18 of the Act is amended by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

36(1) Section 17 of New Brunswick Regulation 97-28 under the Harmonized Sales Tax Act is amended in the definition "vehicle" by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

36(2) Subsection 18(5) of the Regulation is amended by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

Highway Act
37 Subsection 44.1(1) of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended in the definition "usage agreement" by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

New Brunswick Highway Corporation Act
38 Subsection 10.1(1) of the New Brunswick Highway Corporation Act, chapter N-5.11 of the Acts of New Brunswick, 1995, is amended in the definition "usage agreement" by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

Off-Road Vehicle Act
39(1) The enacting clause of New Brunswick Regulation 85-202 under the Off-Road Vehicle Act is amended by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

39(2) Section 1 of the Regulation is amended by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

39(3) Paragraph 2(b) of the Regulation is amended by striking out "all-terrain vehicles" and substituting "off-road vehicles".

Provincial Offences Procedure Act
40(1) Paragraph 3(1)(a) of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended

(a) in the portion preceding subparagraph (i) by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act";

(b) by repealing subparagraph (i) and substituting the following:

(i) offences under paragraph 3(1)(d) and subsections 7.1(1) and (3), 7.3(3) and (4), 7.7(1), 7.9(3) and (4), 19.2(1) and (2) and 19.3(1) and (2) of that Act, and

40(2) Paragraph 10(2)(a) of the Regulation is amended by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

40(3) Schedule A of the Regulation is amended

(a) by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act";

(b) by striking out the following provisions under the heading Off-Road Vehicle

16 operating ATV within 7.5 m. of highway

21 riding ATV without lawful helmet

and substituting the following:

16 operating ORV within 7.5 m of highway

21 riding ORV without lawful helmet

Trespass Act
41(1) Section 1 of the Trespass Act, chapter T-11.2 of the Acts of New Brunswick, 1983, is amended in the definition "motor vehicle" by striking out "or an all-terrain vehicle as defined in the All-Terrain Vehicle Act" and substituting "or an off-road vehicle as defined in the Off-Road Vehicle Act".

41(2) Subsection 4(3) of the Act is amended by striking out "All-Terrain Vehicle Act" and substituting "Off-Road Vehicle Act".

Commencement
42(1) Subject to subsections (2) to (4), this Act or any provision of it comes into force on a day or days to be fixed by proclamation.

42(2) Section 24 of this Act shall be deemed to have come into force on November 15, 2002.

42(3) Sections 39.1, 39.2 and 39.3 as enacted by section 25 of this Act shall be deemed to have come into force on November 15, 2002.

42(4) Section 29 of this Act shall be deemed to have come into force on November 15, 2002.

EXPLANATORY NOTES

Section 1

(1) The All-Terrain Vehicle Act is now entitled the Off-Road Vehicle Act.

(2) Transitional provisions.

Section 2

(a) An error is corrected.

(b) The existing definition is as follows:

"all-terrain vehicle" means any motor vehicle designed or adapted for off-road use and, without limiting the generality of the foregoing, includes dirt bikes, dune buggies, motorized snow vehicles and amphibious machines but does not include any vehicle which is designed for use and is being used in agriculture, forestry, mining or construction, any vehicle registered under the Motor Vehicle Act or any vehicle exempted from the application of this Act by regulation;

(c) The existing definition is as follows:

"decal" does not include a trail permit unless otherwise indicated;

(d) The existing definition is as follows:

"managed trail" means the entire groomed surface width of a trail or a portion of a trail that is identified as a managed trail by signage posted or erected in accordance with the requirements established in an agreement made between the Minister of Business New Brunswick and the trail manager;

(e) The existing definition is as follows:

"roadway" means that portion of any road, street, lane or alley designed, improved or ordinarily used for vehicular travel by the general public;

(f) The existing definition is as follows:

"trail manager" means the person or association appointed by the Minister of Business New Brunswick under subsection 7.2(1);

(g) The existing definition is as follows:

"trail permit" means

(a) a valid and subsisting decal issued by the trail manager for the purpose of establishing that the operation of the motorized snow vehicle on which the decal is displayed is permitted on a managed trail, and includes a replacement decal, or

(b) a valid and subsisting dealer trail permit issued by the trail manager for the purpose of establishing that the operation of the motorized snow vehicle in which the ignition key bearing the dealer trail permit is inserted is permitted on a managed trail, and includes a replacement dealer trail permit.

(h) New definitions are added.

Section 3

The existing provision is as follows:

2 The Registrar shall act under the instructions of the Minister and Deputy Minister and has general supervision over all matters relating to all-terrain vehicles in the Province, other than those matters provided for in sections 7.1 to 7.6 and those matters otherwise relating to trail permits and managed trails, and shall perform such duties as are assigned to the Registrar by this Act, by the Lieutenant-Governor in Council or by the Minister or Deputy Minister.

Section 4

(a)(i) The existing provision is as follows:

3(1) No owner of an all-terrain vehicle shall drive it or permit it to be driven unless

(a)(ii) The amendment is consequential on the amendment made in subparagraph 4(a)(iv) of this Act.

(a)(iii) The amendment is consequential on the amendment made in subparagraph 4(a)(iv) of this Act.

(a)(iv) New provision.

(b)(i) and (ii) The existing provision is as follows:

3(2) The Registrar may, upon application, register an all-terrain vehicle in the name of its owner if the owner...

(b) produces evidence satisfactory to the Registrar that the vehicle is covered by an insurance policy required under paragraph (1)(c), if the vehicle is a motorized snow vehicle to which paragraph (1)(c) applies, and

(c) The existing provision is as follows:

3(3) Upon registering an all-terrain vehicle, the Registrar shall

(d) The existing provision is as follows:

3(4) Subsection (1) does not apply to all-terrain vehicles, other than motorized snow vehicles, that are owned by manufacturers or dealers of such vehicles, are kept for sale and not for renting or leasing and are only operated for demonstration or testing purposes.

(e) New provision.

(f)(i) The existing provision is as follows:

3(6) Paragraphs (1)(a) and (b) do not apply to an all-terrain vehicle that is

(f)(ii) The existing provision is as follows:

3(6) Les alinéas (1)a) et b) ne s'appliquent pas à un véhicule tout-terrain qui...

b) appartient à un résident d'un endroit relevant d'une autre autorité législative où l'immatriculation d'un véhicule tout-terrain n'est pas requise par la loi, ou

(f)(iii) The existing provision is as follows:

3(6) Paragraphs (1)(a) and (b) do not apply to an all-terrain vehicle that is...

(c) used exclusively in connection with special all-terrain vehicle events of limited duration conducted in accordance with a pre-arranged schedule and with permission granted by the appropriate governmental authority.

(g) New provision.

Section 5

(a) The existing provision is as follows:

7.1(1) Subject to subsection (2), no person shall operate a motorized snow vehicle on a managed trail unless

(a) a trail permit that is a decal is permanently attached to and conspicuously displayed on the motorized snow vehicle, or

(b) a dealer trail permit is attached to the ignition key inserted in the ignition of the motorized snow vehicle.

(b) The existing provision is as follows:

7.1(3) Subject to subsection (4), no person shall operate a motor vehicle, other than a motorized snow vehicle operated in accordance with this Act, on a managed trail from December 1 to the next following April 15, inclusive.

(c) The existing provision is as follows:

7.1(4) Subsection (3) does not apply to a person

(a) operating a motor vehicle

(i) on behalf of the trail manager in the course of carrying out any duty or exercising any power given to the trail manager under this Act, or

(ii) on private land that is owned or lawfully occupied by the person or by a member of the immediate family of the person, while crossing a managed trail that divides that land in order to move the motor vehicle from one portion of that land directly to the other portion, in accordance with a written consent under paragraph 7.4(1)(a), or

(b) operating an all-terrain vehicle that is not a motorized snow vehicle on a bridge, overpass, underpass or roadway or railway crossing, on the access to any of them or to services, or in an emergency, on a managed trail in accordance with written authority given by the trail manager under paragraph 7.2(3)(n).

Section 6

The existing provision is as follows:

7.2(1) The Minister of Business New Brunswick may appoint a person or an association as a trail manager.

7.2(2) The trail manager is not an agent of the Crown in right of the Province.

7.2(3) The Minister of Business New Brunswick may enter into an agreement with the trail manager, which may include provisions

(a) authorizing the trail manager to receive and process applications for trail permits and to issue and replace trail permits,

(b) authorizing the trail manager to determine the form and manner in which applications for trail permits are made, to determine the form of, manner of issuance of and classes of trail permits, to establish conditions that apply in relation to the issuance, holding, replacement and use of trail permits and to establish the period of validity of classes of trail permits,

(c) authorizing the trail manager to establish fees annually, with the written approval of the Minister, for the issuance and replacement of trail permits, which fees may vary according to the class of trail permit and according to the date of issuance,

(d) authorizing the trail manager to receive and retain for the purposes set out in the agreement the fees established under paragraph (c),

(e) authorizing the trail manager to establish guidelines upon which persons or classes of persons may be exempted from the requirement to pay any fee established under paragraph (c),

(f) authorizing the trail manager to issue a trail permit, without payment of a fee established under paragraph (c), to any person who is exempt from payment of the fee,

(g) authorizing the trail manager to allocate and distribute the funds derived from fees established under paragraph (c) in accordance with the guidelines set out in the agreement,

(h) authorizing and requiring the trail manager to supervise, construct, maintain by grooming and otherwise, administer, control and operate managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near managed trails in accordance with any guidelines or requirements that may be set out in the agreement,

(i) establishing the standards to be met for signage to be posted, erected or maintained on and removed from managed trails,

(j) establishing the kind, term, amount and form of liability insurance that the trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Business New Brunswick and establishing which persons or associations are to be insured, the manner of disposition of the proceeds of the insurance and any other matter in relation to the insurance,

(k) establishing requirements to be met by the trail manager and any person or association acting on behalf of the trail manger in relation to the keeping of records and other information and in relation to the submission of reports and other information to the Minister of Business New Brunswick,

(l) establishing requirements for accounting by the trail manager and by any person or association acting on behalf of the trail manager in relation to the execution of the duties or the exercise of the powers given to the trail manager under this Act,

(m) establishing requirements in relation to auditing, by an auditor approved by the Minister of Business New Brunswick, of the financial statements of the trail manager and of any person or association acting on behalf of the trail manager that relate to the execution of the duties or the exercise of the powers given to the trail manager under this Act,

(n) authorizing the trail manager to give to associations of operators of all-terrain vehicles and their members, written authority to operate an all-terrain vehicle, other than a motorized snow vehicle, on a bridge, overpass, underpass or roadway or railway crossing, on the access to any of them or to services, or in an emergency, on a managed trail in accordance with any conditions set out in the written authority,

(o) establishing the circumstances in which the Minister of Business New Brunswick or the trail manager may suspend or cancel the agreement,

(p) authorizing the trail manager to subdelegate to another person or association any of the duties or powers given to the trail manager under paragraphs (a), (d), (f) and (h), and

(q) establishing any other duty or power of the trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the trail manager to subdelegate that duty or power to another person or association.

7.2(4) Notwithstanding section 39, fees received and retained under a valid and subsisting agreement made under this section by the trail manager or a person or association acting on behalf of the trail manager in relation to the issuance or replacement of trail permits are not public money for the purposes of the Financial Administration Act.

7.2(5) Notwithstanding any other provision of this Act, before a trail manager is appointed, at any time when no trail manager is appointed and at any time when there is no valid agreement made with the trail manager under this section, the Minister of Business New Brunswick or a person designated to act on behalf of that Minister may, in that Minister's or designate's absolute discretion, execute any of the duties or exercise any of the powers that are given or may be given to the trail manager under this Act.

Section 7

(a) The existing provision is as follows:

7.3(1) A trail manager or a person or association acting on behalf of the trail manager may post, erect or maintain signs on trails or may remove them in order to identify managed trails and to administer, control and operate the managed trails.

(b) The existing provision is as follows:

7.3(2) The signs shall be in conformity with, and shall be posted, erected, maintained and removed in conformity with, the agreement made between the Minister of Business New Brunswick and the trail manager under subsection 7.2(3).

(c) The existing provision is as follows:

7.3(4) Subject to subsection (5), no person shall operate a motorized snow vehicle on a managed trail in contravention of a sign posted or erected under subsection (1).

(d) The existing provision is as follows:

7.3(5) Subsection (4) does not apply to a contravention of a provision of the Criminal Code (Canada).

Section 8

The existing provision is as follows:

7.4(1) No trail manager and no person or association acting on behalf of the trail manager shall groom a managed trail, identify a trail as a managed trail by posting or erecting signs or otherwise administer, control or operate a managed trail

(a) on private land, unless the trail manager has first obtained the written consent of the person entitled to withhold consent with respect to the land on which the trail is situated, authorizing the use of the trail as a managed trail,


(b) on municipal land, unless the trail manager has first obtained the written consent of the municipality that owns or leases the land, authorizing the use of the trail as a managed trail, and

(c) on Crown Lands, unless the trail manager has first obtained a lease from the Crown in right of the Province, authorizing the use of the trail as a managed trail.

Section 9

(a) The existing provision is as follows:

7.5(1) The trail manager shall carry and maintain liability insurance in conformity with the requirements established in the agreement made between the Minister of Business New Brunswick and the trail manager under subsection 7.2(3).

(b) The existing provision is as follows:

7.5(2) Subject to subsections (3) and (4), no action or other proceeding lies or shall be commenced against an owner or occupier of land, any municipality, Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them for any injury, loss or damage suffered as a result of, arising out of or stemming from any person's using, operating, riding in or on or being towed by a motorized snow vehicle on a managed trail.

(c) The existing provision is as follows:

7.5(3) Subsection (2) does not apply to an action or other proceeding against an owner or occupier of land, a municipality, Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them in circumstances where that owner, occupier or municipality, Her Majesty in right of the Province, that Minister of the Crown in right of the Province or that employee, officer or agent, as the case may be,

(a) creates or has created a danger on a managed trail with the deliberate intention of doing harm or damage to the person or the person's property,

(b) does or has done a wilful act with reckless disregard for the presence of the person or the person's property on a managed trail, or

(c) is negligent while using, operating, riding in or on or being towed by a motorized snow vehicle on a managed trail or is negligent in failing to oversee properly an employee, officer or agent who is using, operating, riding in or on or being towed by a motorized snow vehicle on a managed trail.

(d) The existing provision is as follows:

7.5(4) No action or other proceeding lies or shall be commenced against Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them

(a) in respect of any act done or omitted to be done in good faith in the execution or the intended execution of a duty or in the exercise or the intended exercise of a power delegated or given to the trail manager under this Act or subdelegated by the trail manager to another person or association under this Act, or

(b) in respect of any tort committed by the trail manager, a subdelegate of the trail manager or an employee or agent of the trail manager or subdelegate in relation to a duty or power delegated or given to the trail manager under this Act or subdelegated by the trail manager to another person or association under this Act.

Section 10

New provisions.

Section 11

(a) The existing provision is as follows:

9(1) No person shall deface or alter a number plate, decal, trail permit or registration certificate issued under this Act.

(b) The existing provision is as follows:

9(2) No person shall manufacture a fraudulent number plate, decal, trail permit or registration certificate.

(c) The existing provision is as follows:

9(3) No owner of an all-terrain vehicle shall use or allow the use of a defaced, altered or fraudulent number plate, decal, trail permit or registration certificate in connection with the vehicle.

Section 12

The existing provision is as follows:

11 No person shall knowingly make a false statement of fact in any application, declaration, affidavit or other document required under this Act, including such a document required by the trail manager or a person or association acting on behalf of the trail manager under this Act or under an agreement made under subsection 7.2(3).

Section 13

New provision.

Section 14

(a) The existing provision is as follows:

17 Notwithstanding section 16, a person sixteen years of age or older may drive an all-terrain vehicle across any roadway, and a person fourteen years of age or older may drive an all-terrain vehicle across a roadway that is not an arterial or collector highway, if

(b) The existing provision is as follows:

17 Nonobstant l'article 16, une personne âgée de seize ans ou plus peut en conduisant un véhicule tout-terrain traverser toute chaussée, et une personne âgée de quatorze ans ou plus peut en conduisant un véhicule tout-terrain traverser une chaussée qui ne soit pas une route de grande communication ou une route collectrice

a) si elle arrête le véhicule tout-terrain avant d'atteindre la partie utilisée de la route,

Section 15

The existing provision is as follows:

18(2) Notwithstanding section 16, a person may operate an all-terrain vehicle on a highway in connection with a special all-terrain vehicle event of limited duration conducted in accordance with a pre-arranged schedule pursuant to permission granted by the appropriate governmental authority.

Section 16

New provisions.

Section 17

(a) The existing provision is as follows:

24(1) A peace officer may make a request or a signal, as the case may be, to the operator of an all-terrain vehicle

(b) New provisions.

(c) The existing provision is as follows:

24(1) A peace officer may make a request or a signal, as the case may be, to the operator of an all-terrain vehicle...

(d) to make the all-terrain vehicle, any equipment or device in, on, attached to or towed by the all-terrain vehicle and any helmet or other equipment worn by the operator or occupant available to the peace officer for inspection,

(d) The existing provision is as follows:

24(1) A peace officer may make a request or a signal, as the case may be, to the operator of an all-terrain vehicle...

(e) if the vehicle is a motorized snow vehicle to which paragraph 3(1)(c) applies, to produce a valid motor vehicle liability insurance card issued by an insurer in respect of the vehicle, and

(e) The existing provision is as follows:

24(1) A peace officer may make a request or a signal, as the case may be, to the operator of an all-terrain vehicle...

(f) if the vehicle is a motorized snow vehicle to which subsection 7.1(1) applies and it is being operated on a managed trail, to show the peace officer the trail permit displayed, or attached to the ignition key inserted in the ignition, as the case may be, in conformity with that subsection.

(f) New provision.

Section 18

(a) The existing provision is as follows:

25(1) An operator of an all-terrain vehicle who is directly or indirectly involved in an accident with a pedestrian, cyclist or occupied motor vehicle, shall

(b)(i) The existing provision is as follows:

25(1) An operator of an all-terrain vehicle who is directly or indirectly involved in an accident with a pedestrian, cyclist or occupied motor vehicle, shall...

(b) if requested, produce to any person sustaining property damage or personal injury, any peace officer or any witness...

(iv) if the vehicle is a motorized snow vehicle to which paragraph 3(1)(c) applies, a valid motor vehicle liability insurance card issued by an insurer in respect of the vehicle, and

(b)(ii) The existing provision is as follows:

25(1) An operator of an all-terrain vehicle who is directly or indirectly involved in an accident with a pedestrian, cyclist or occupied motor vehicle, shall...

(b) if requested, produce to any person sustaining property damage or personal injury, any peace officer or any witness...

(v) if the vehicle is a motorized snow vehicle to which subsection 7.1(1) applies and it is being operated on a managed trail, the trail permit displayed, or attached to the ignition key inserted in the ignition, as the case may be, in conformity with that subsection.

(b)(iii) New provision.

Section 19

The existing provision is as follows:

31.1 If the owner of a motorized snow vehicle is convicted of an offence under paragraph 3(1)(c) or for failure to produce a valid motor vehicle liability insurance card as required under paragraph 24(1)(d) and subsection 24(2), or under subparagraph 25(1)(b)(iv), the Registrar may suspend the registration of the vehicle until the owner produces evidence satisfactory to the Registrar that the vehicle is covered by the required insurance policy.

Section 20

New provision.

Section 21

(a) The existing provision is as follows:

35 The owner of an all-terrain vehicle shall immediately forward to the Registrar the registration certificate and number plate or decal issued in respect of the vehicle if

(b) The existing provision is as follows:

35 The owner of an all-terrain vehicle shall immediately forward to the Registrar the registration certificate and number plate or decal issued in respect of the vehicle if...

(b) if the vehicle is a motorized snow vehicle to which paragraph 3(1)(c) applies, the motor vehicle liability insurance policy required under that paragraph in respect of the vehicle has expired or been cancelled.

Section 22

(a) The existing provision is as follows:

37(1) A municipality may enact by-laws, subject to the approval of the Minister,

(a) designating highways or parts of highways along or across which all-terrain vehicles may be driven;

(b) The existing provision is as follows:

37(1) A municipality may enact by-laws, subject to the approval of the Minister,...

(b) regulating or prohibiting the use of all-terrain vehicles.

Section 23

(a) The existing provision is as follows:

38 The Lieutenant-Governor in Council may make regulations

(a) respecting the use or incorporation of any equipment or device in or on all-terrain vehicles and the specifications thereof;

(b) The existing provision is as follows:

38 The Lieutenant-Governor in Council may make regulations...

(b) designating a highway or any part of a highway along or across which all-terrain vehicles may be driven;

(c) The existing provision is as follows:

38 The Lieutenant-Governor in Council may make regulations...

(c) prescribing rules in respect of the operation of all-terrain vehicles upon a highway or other place;

(d) The existing provision is as follows:

38 The Lieutenant-Governor in Council may make regulations...

(d.1) prescribing any duty or power of the trail manager for the purposes of subsection 7.2(3) and establishing whether or not the Minister of Business New Brunswick may, in an agreement made under that subsection, authorize the trail manager to subdelegate that duty or power to another person or association;

(e) New regulation-making authority.

(f) The existing provision is as follows:

38 The Lieutenant-Governor in Council may make regulations...

(g) generally respecting the operation of all-terrain vehicles within the Province.


Section 24

The existing provision is as follows:

39 All fees paid under this Act are part of the revenue of the Province and shall be paid into the Consolidated Fund.

Section 25

New provisions.

Section 26

The existing provision is as follows:

40 The Motor Vehicle Act does not apply to all-terrain vehicles or the operation thereof except where specifically provided for in this Act.

Section 27

(1) and (2) Consequential amendments.

Section 28

The existing Schedule A is as follows:

SCHEDULE A
Column I Column II
Section Category Of Offence
3(1)(a) C
3(1)(b) B
3(1)(c) H
4(1) C
4(2) B
6 B
7.1(1) B
7.1(2) B
7.1(3) E
7.1(4) E
9(1) E
9(2) F
9(3) F
11 F
12(1) E
12(2) E
14(4) C
14(5) C
15(1) C
15(2) C
15(3) C
16 E
19.1 E
20 F
21 C
22 C
23 C
24(2) F
25(1) E
25(2) C
26(1) F
26(2) C
26(3) C
26(4) C
28 E
29(1) B
35(a) C
35(b) C

Sections 29 to 31

Transitional provisions.

Section 32

Consequential amendment to the Edmundston Act, 1998.

Section 33

Consequential amendments to New Brunswick Regulation 85-205 under the Financial Administration Act.

Section 34

Consequential amendment to the Fish and Wildlife Act.

Section 35

Consequential amendments to the Harmonized Sales Tax Act.

Section 36

Consequential amendments to New Brunswick Regulation 97-28 under the Harmonized Sales Tax Act.

Section 37

Consequential amendment to the Highway Act.

Section 38

Consequential amendment to the New Brunswick Highway Corporation Act.

Section 39

Consequential amendments to New Brunswick Regulation 85-202 under the Off-Road Vehicle Act.

Section 40

Consequential amendments to New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act.

Section 41

Consequential amendments to the Trespass Act.

Section 42

Commencement provisions.

Amendment :Section 10
Add after subsection 7.91 (1) the following:


7.91(1.1) No all-terrain vehicle trail manager and no person or association
acting on behalf of the all-terrain vehicle trail manager shall construct an all-
terrain vehicle managed trail within 25 metres of a private residence unless the
all-terrain vehicle trail manager or person or association acting on behalf of the
all-terrain vehicle trail manager has first obtained the written consent of the
person entitled to withhold consent with respect to the land on which the private
residence is situated.

Section 8
Strike out section 8 and substitute the following:

8 Section 7.4 of the Act is amended

(a) by repealing subsection (1) and substituting the following:





7.4(1) No motorized snow vehicle trail manager and no person or association
acting on behalf of the motorized snow vehicle trail manager shall groom a
motorized snow vehicle managed trail, identify a trail as a motorized snow
vehicle managed trail by posting or erecting signs or otherwise administer,
control or operate a motorized snow vehicle managed trail

(a) on private land, unless the motorized snow vehicle trail manager
has first obtained the written consent of the person entitled to withhold
consent with respect to the land on which the trail is situated, authorizing
the use of the trail as a motorized snow vehicle managed trail,

(b) on municipal land, unless the motorized snow vehicle trail
manager has first obtained the written consent of the municipality that
owns or leases the land, authorizing the use of the trail as a motorized
snow vehicle managed trail,

(c) on Crown Lands, unless the motorized snow vehicle trail manager
has first obtained a lease from the Crown in right of the Province,
authorizing the use of the trail as a motorized snow vehicle managed trail,
and

(d) on a highway as defined under the Highway Act, unless the
motorized snow vehicle trail manager has first obtained a highway usage
permit under that Act, authorizing the use of the highway or any part of it
as a motorized snow vehicle managed trail.

b) by adding after subsection (1) the following:

7.4(1.1 ) No motorized snow vehicle trail manager and no person or
association acting on behalf of the motorized snow vehicle trail manager shalf
construct a motorized snow vehicle managed trail within 25 metres of a private
residence unless the motorized snow vehicle trail manager or person or
association acting on behalf of the motorized snow vehicle trail manager has
first obtained the written consent of the person entitled to withhold consent with
respect to the land on which the private residence is situated.
.........................................................................................................................................................................................................
Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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