BILL 21
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
7.5 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New
Brunswick, 1985, is amended
(a) 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, a municipality, Her Majesty in right of
the Province, a Minister of the Crown in right of the Province, another
person or body or class of person or body prescribed by regulation
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
a person using, operating, riding or being towed by a motorized snow
vehicle on a motorized snow vehicle managed trail.
(b) in subsection (3) by striking out the portion preceding
paragraph (a) 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, a Minister of the Crown in right of the Province,
another person or body or class of person or body prescribed by regulation
under subsection (2) 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, the person or body or class of person or body or the employee,
officer or agent, as the case may be,
2 Section
7.92 of the Act is amended
(a) by repealing subsection (2) and substituting the following:
7.92(2)
No action or other proceeding lies or shall be commenced against an
owner or occupier of land, a municipality, Her Majesty in right of
the Province, a Minister of the Crown in right of the Province, another
person or body or class of person or body prescribed by regulation
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
a person using, operating, riding or being towed by an all-terrain
vehicle on an all-terrain vehicle managed trail.
(b) in subsection (3) by striking out the portion preceding
paragraph (a) and substituting the following:
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, a Minister of the Crown in right of the Province,
another person or body or class of person or body prescribed by regulation
under subsection (2) 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, the person or body or class of person or body or the employee,
officer or agent, as the case may be,
3 Section
38 of the Act is amended
(a) by adding after paragraph (d.1) the following:
(d.11) prescribing persons or bodies or classes
of persons or bodies for the purposes of subsection 7.5(2);
(b) by adding after paragraph (d.2) the following
(d.3) prescribing persons or bodies or classes
of persons or bodies for the purposes of subsection 7.92(2);