BILL 66
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 repealing the definition “all-terrain vehicle” and substituting the following:
“all-terrain vehicle” means (véhicule tout-terrain)
( a) an amphibious vehicle,
( b) a utility vehicle,
( c) a side-by-side, and
( d) any other off-road vehicle, other than a motorized snow vehicle, that
( i) operates or travels on three or more tires or has been adapted to operate on four tracks,
( ii) has a seat designed to be straddled by the operator of the vehicle, and
( iii) has handlebars for steering the vehicle;
(b) by adding the following definitions in alphabetical order:
“amphibious vehicle” means an off-road vehicle that is designed or adapted for operation on both land and water; (véhicule amphibie)
“side-by-side” means an off-road vehicle, other than a dune buggy, with side-by-side seating for the operator and at least one passenger that has a steering wheel, at least four driving wheels and a net mass of not more than 700 kg; (véhicule biplace côte à côte)
“utility vehicle” means an off-road vehicle that is designed for operation over rough terrain and (véhicule utilitaire)
( a) has at least four wheels and seating for at least two persons,
( b) has an engine displacement of at most 1000 cm3, a maximum engine brake power of at most 30 kW and a maximum vehicle speed of at least 40 km/h, and
( c) has either a rear payload of at least 159 kg or seating for at least six passengers.
2 Paragraph 3(1)(b) of the Act is repealed and the following is substituted:
( b) a valid clearly visible number plate or decal issued under paragraph (3)(a) is securely mounted in a conspicuous position
( i) if the vehicle is a motorized snow vehicle, on the snow flaps of the vehicle; and
( ii) if the vehicle is an all-terrain vehicle, on the rear of the vehicle, or
3 Paragraph 7.1(1)(a) of the Act is repealed and the following is substituted:
( a) a motorized snow vehicle trail permit that is a decal is permanently attached to and conspicuously displayed
( i) if the motorized snow vehicle has a windshield, approximately centre at the bottom of the windshield; and
( ii) if the motorized snow vehicle does not have a windshield, on the left side of the front of the cowling of the vehicle, or
4 Section 7.4 of the Act is amended
(a) in subsection (1)
( i) in paragraph (a) by striking out “written consent” and substituting “written consent or verbal consent”;
( ii) in paragraph (c) by striking out “a lease” and substituting “a lease, a licence of occupation issued under the Crown Land and Forests Act or a licence granted under the Parks Act”;
(b) in subsection (1.1) by striking out “written consent” and substituting “written consent or verbal consent”;
(c) by adding after subsection (3) the following:
7.4( 4) A verbal consent referred to in this section shall be witnessed by at least two persons acting on behalf of the motorized snow vehicle trail manager and verified by both by affidavit.
7.4( 5) An affidavit referred to in subsection (4) shall include
( a) a description of any conditions that apply to either party in relation to the verbal consent, and
( b) the name of the person entitled to withhold consent with respect to the land on which the trail is to be situated and the date and time the consent was given.
7.4( 6) The motorized snow vehicle trail manager or person acting on behalf of the motorized snow vehicle trail manager shall immediately forward a copy of the affidavit, or any amendment made to the affidavit, to the Registrar.
7.4( 7) The verbal consent may be amended or withdrawn upon reasonable notice.
5 Section 7.91 of the Act is amended
(a) in subsection (1)
( i) in paragraph (a) by striking out “written consent” and substituting “written consent or verbal consent”;
( ii) in paragraph (c) by striking out “a lease” and substituting “a lease, a licence of occupation issued under the Crown Land and Forests Act or a licence granted under the Parks Act”;
(b) in subsection (1.1) by striking out “written consent” and substituting “written consent or verbal consent”;
(c) by adding after subsection (3) the following:
7.91( 4) A verbal consent referred to in this section shall be witnessed by at least two persons acting on behalf of the all-terrain vehicle trail manager and verified by both persons by affidavit.
7.91( 5) An affidavit referred to in subsection (4) shall include
( a) a description of any conditions that apply to either party in relation to the verbal consent, and
( b) the name of the person entitled to withhold consent with respect to the land on which the trail is to be situated and the date and time the consent was given.
7.91( 6) The all-terrain vehicle trail manager or person or association acting on behalf of the all-terrain vehicle trail manager shall immediately forward a copy of the affidavit, or any amendment made to the affidavit, to the Registrar.
7.91( 7) The verbal consent may be amended or withdrawn upon reasonable notice.
6 Paragraph 17(b) of the Act is repealed.
7 The Act is amended by adding after section 20 the following:
Prohibition when suspended for impaired driving
20.1 No person shall drive an off-road vehicle if the person has his or her driving privilege suspended under the Motor Vehicle Act as a result of a conviction for an offence under section 253 or 254 of the Criminal Code (Canada).
8 Section 22 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
Equipment requirements
22( 1) No person shall drive an off-road vehicle unless it is outfitted with the equipment required under this section and such equipment is in good working order.
(b) in subsection (2)
( i) in paragraph (b) by striking out “and” at the end of the paragraph;
( ii) by adding after paragraph (b) the following:
( b.1) one red stop lamp mounted on the rear of the vehicle,
( b.2) one rear-view mirror mounted on the left side of the vehicle, and
( b.3) turn signal lights located at the rear of the vehicle, if the vehicle was equipped with turn signal lights at the time it was manufactured, and
(c) in paragraph (3) by striking out “at a distance of” and substituting “under night time conditions at a distance of”;
(d) by repealing subsection (5).
9 Paragraph 23(a) of the Act is repealed and the following is substituted:
( a) it is not equipped with a muffler and exhaust system in continuous operation and in good working order that comply with the manufacturer’s original specifications or, if the muffler or exhaust system was replaced, that complies with the equivalent manufacturer’s specifications of the replacement muffler or exhaust system,
10 Subsection 24(1) of the Act is amended by adding after paragraph (e) the following:
( e.1) to produce for the purposes of section 20.1 the driver’s licence of the operator, as defined in the Motor Vehicle Act, if a holder of such a licence,
11 Section 39.4 of the Act is amended
(a) in paragraph (a) by repealing subparagraph (iii) and substituting the following:
( iii) one representative from the public at large; and
(b) in paragraph (b)
( i) in the portion preceding subparagraph (i) by striking out “five” and substituting “six”;
( ii) in subparagraph (iv) of the English version by striking out “and” at the end of the subparagraph;
( iii) in subparagraph (v) by striking out the period at the end of the subparagraph and substituting “, and”;
( iv) by adding after subparagraph (v) the following:
( vi) one representative from the Royal Canadian Mounted Police.
12 Schedule A of the Act is amended by striking out
and substituting the following:
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