BILL 70
An Act to Amend the Off-Road Vehicle Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 1 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick, 1985, is amended
(a)  by adding the following definition in alphabetical order:
“off-road vehicle enforcement officer” means a person appointed under section 2.1; (agent de l’autorité des véhicules hors route)
(b)  in the definition “peace officer” by adding after paragraph (b) the following:
(b.01)  an off-road vehicle enforcement officer;
2 The Act is amended by adding after section 2 the following:
Appointment of off-road vehicle enforcement officers
2.1(1) The Minister may appoint any person employed under the Civil Service Act to be an off-road vehicle enforcement officer for the purposes of this Act.
2.1(2) A document in writing signed by the Minister stating that the person named in the document has been appointed as an off-road vehicle enforcement officer shall, without proof of the authority, appointment or signature of the Minister, be accepted by all courts as conclusive proof that the person has been appointed to the office that he or she is stated to hold and the person in possession of such document shall, upon proof that his or her name is the same as the person named therein, be deemed to be the person named therein.
2.1(3) Every off-road vehicle enforcement officer in carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
3 The Act is amended by adding after section 3 the following:
Liability insurance card to be carried
3.1 No person shall operate an off-road vehicle that is required to be insured under this Act unless a valid motor vehicle liability insurance card issued by an insurer in respect of that off-road vehicle is being carried in the off-road vehicle or by the operator of the off-road vehicle.
Onus respecting proof of insurance
3.2 In any prosecution under paragraph 3(1)(c) or (d) or section 3.1, the onus of establishing that an off-road vehicle was not required to be insured under this Act or that the off-road vehicle was covered by a policy of insurance as required by this Act is on the accused.
4 Section 20 of the Act is repealed and the following is substituted:
20 A person shall not operate an off-road vehicle in a careless, reckless or negligent manner or in a manner likely to cause damage or injury to other persons, to property or to the environment.
5 Subsection 24(1) of the Act is amended by adding after paragraph (c ) the following:
(c.01)  if the vehicle is other than a motorized snow vehicle or an all-terrain vehicle and is being operated by a person who appears to be under the age of sixteen years, to produce satisfactory proof of age,
6 The Act is amended by adding after section 24 the following:
Seizure and impoundment of off-road vehicles
24.1(1) A peace officer may seize an off-road vehicle and cause it to be impounded if the operator of an off-road vehicle that is required to be insured under this Act is unable to produce a valid motor vehicle liability card issued by an insurer in respect of the off-road vehicle.
24.1(2) A peace officer may seize an off-road vehicle and cause it to be impounded if the officer has reason to believe that the operator of the vehicle is operating or has operated it in violation of section 19.1, 19.2, 19.3 or 20.
24.1(3) A peace officer may seize an off-road vehicle and cause it to be impounded if he has reason to believe that the operator of the vehicle is operating or has operated in violation of section 19.31.
24.1(4) An off-road vehicle that has been impounded under this section shall be turned over to the custody of the Registrar without delay.
Release of impounded vehicle
24.2(1) The owner of an off-road vehicle that has been impounded under section 24.1 may apply to the Registrar during normal business hours any day after the day of impoundment to have the off-road vehicle released.
24.2(2) The Registrar shall release an off-road vehicle that has been impounded if
(a)  he or she is satisfied that the person applying for the release is the owner of the vehicle or has been authorized to act on behalf of the owner,
(b)  the requirements of this Act relating to the operation of the vehicle have been met to the satisfaction of the Registrar, and
(c)   all costs associated with the impoundment of the off-road vehicle have been paid.
7 Schedule A of the Act is amended by adding after
3(1)(d)...............
H
the following:
3.1...............
B
8 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.
EXPLANATORY NOTES
Section 1
(a)  A new definition is added.
(b)  The definition “peace officer” is amended.
Section 2
New provision.
Section 3
New provisions.
Section 4
The existing provision is as follows:
20 No person shall operate an off-road vehicle without due care and attention or without reasonable consideration for persons and property.
Section 5
New provision.
Section 6
New provisions.
Section 7
The penalty provision is amended.
Section 8
Commencement provision.