BILL 15
An Act Respecting the Enhancement of Off-Road Vehicle Safety
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Cannabis Control Act
1 Subparagraph 18(2)(a)(ii) of the English version of the Cannabis Control Act, chapter 2 of the Acts of New Brunswick, 2018, is amended by striking out “motorized snow vehicle” and substituting “snowmobile”.
Motor Vehicle Act
2( 1) Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended
aby repealing the definition “snowmobile”;
bby adding the following definition in alphabetical order:
“trail groomer” means a vehicle that is equipped with skis, treads or a combination of both and used to groom trails; (dameuse)
2( 2) Section 19 of the Act is amended in the portion preceding paragraph (a) by striking out “snowmobile” and substituting “trail groomer”.
Off-Road Vehicle Act
3( 1) Section 1 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick, 1985, is amended
aby repealing the following definitions in the English version:
“motorized snow vehicle”;
“motorized snow vehicle managed trail”;
“motorized snow vehicle trail manager”;
“motorized snow vehicle trail permit”;
bin the definition “amphibious vehicle” by striking out “water” and substituting “water and has a net mass of not more than 1 200 kg”;
cin the definition “off-road vehicle” by striking out “a motorized snow vehicle or an amphibious vehicle” and substituting “a snowmobile, a snow bike or an amphibious vehicle”;
din the definition “side-by-side” by striking out “700 kg” and substituting “1 200 kg”;
ein paragraph (d) in the portion preceding subparagraph (i) of the English version of the definition “all-terrain vehicle” by striking out “motorized snow vehicle” and substituting “snowmobile”;
fin the English version of the definition “decal” by striking out “motorized snow vehicle” and substituting “snowmobile”;
gin the French version of the definition « motoneige » by striking out “véhicule” and substituting “véhicule, fabriqué après 1958,”;
hby adding the following definition in alphabetical order:
“snow bike” means a motorcycle that has been designed or converted to be driven exclusively on snow or ice; (motocyclette sur neige)
iby adding the following definitions in the English version in alphabetical order:
“snowmobile” means a self-propelled vehicle manufactured after 1958 that is designed to be driven exclusively on snow or ice; (motoneige)
“snowmobile managed trail” means the entire groomed surface width of a trail, or any portion of the trail, that is identified as a snowmobile managed trail by signage posted or erected in accordance with the requirements established in an agreement made between the Minister of Tourism, Heritage and Culture and the snowmobile trail manager; (sentier géré de motoneiges)
“snowmobile trail manager” means the person or association appointed by the Minister of Tourism, Heritage and Culture under subsection 7.2(1); (gestionnaire des sentiers de motoneiges)
“snowmobile trail permit” means (permis d’usage des sentiers de motoneiges)
aa valid decal issued by the snowmobile trail manager for the purpose of establishing that the operation of the snowmobile on which the decal is displayed is permitted on a snowmobile managed trail, and includes a replacement decal, or
ba valid snowmobile dealer trail permit issued by the snowmobile trail manager for the purpose of establishing that the operation of the snowmobile in which the ignition key bearing the snowmobile dealer trail permit is inserted is permitted on a snowmobile managed trail, and includes a replacement snowmobile dealer trail permit;
3( 2) Section 2 of the English version of the Act is amended by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 3) Section 3 of the Act is amended
ain subsection (1)
( i) by repealing subparagraph (b)(i) and substituting the following:
( i) if the vehicle is a snowmobile, on the windshield or on the snow flaps of the vehicle, and
( ii) by repealing paragraph (c) and substituting the following:
cif it is a snowmobile, it is covered by a motor vehicle liability insurance policy providing the insurance referred to in sections 243 and 264 of the Insurance Act, and
bin paragraph (2)(b) of the English version by striking out “motorized snow vehicle” and substituting “snowmobile”;
cin subsection (4) of the English version by striking out “motorized snow vehicles” and substituting “snowmobiles”;
din subsection (5) of the English version by striking out “motorized snow vehicles” and substituting “snowmobiles”;
ein subsection (7) of the English version by striking out “motorized snow vehicle” and substituting “snowmobile”.
3( 4) The Act is amended by adding after section 3 the following:
Unregistered off-road vehicles
3.01 No person shall operate an off-road vehicle that is required to be registered under this Act unless the vehicle is registered in the owner’s name under subsection 3(2) and the registration is not suspended under this Act.
3( 5) The heading “Motorized snow vehicle managed trails” preceding section 7.1 of the English version of the Act is amended by striking out “Motorized snow vehicle” and substituting “Snowmobile”.
3( 6) Section 7.1 of the English version of the Act is amended
ain subsection (1)
( i) in the portion preceding paragraph (a) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( ii) in paragraph (a)
( A) in the portion preceding subparagraph (i) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( B) in subparagraph (i) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( C) in subparagraph (ii) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( iii) in paragraph (b) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
bin subsection (2) by striking out “motorized snow vehicle” and substituting “snowmobile”;
cin subsection (3) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
din subsection (4)
( i) in paragraph (a)
( A) in subparagraph (i) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( B) in subparagraph (ii) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( ii) in paragraph (b) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 7) The heading “Motorized snow vehicle managed trails” preceding section 7.2 of the Act is repealed and the following is substituted:
Snowmobile trail manager
3( 8) Section 7.2 of the English version of the Act is amended
ain subsection (1) by striking out “motorized snow vehicle” and substituting “snowmobile”;
bin subsection (2) by striking out “motorized snow vehicle” and substituting “snowmobile”;
cin subsection (3)
( i) in the portion preceding paragraph (a) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( ii) in paragraph (a) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( iii) in paragraph (b) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( iv) in paragraph (c) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( v) in paragraph (d) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( vi) in paragraph (e) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( vii) in paragraph (f) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( viii) in paragraph (g) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( ix) in paragraph (h) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( x) in paragraph (i) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( xi) in paragraph (j) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( xii) in paragraph (k) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( xiii) in paragraph (l) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( xiv) in paragraph (m) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( xv) in paragraph (n) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( xvi) in paragraph (o) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( xvii) in paragraph (p) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( xviii) in paragraph (q) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
din subsection (4) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
ein subsection (5) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 9) The heading “Motorized snow vehicle managed trails” preceding section 7.3 of the Act is repealed and the following is substituted:
Signage on snowmobile managed trails
3( 10) Section 7.3 of the English version of the Act is amended
ain subsection (1) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
bin subsection (2) by striking out “motorized snow vehicle” and substituting “snowmobile”;
cin subsection (4) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 11) The heading “Motorized snow vehicle managed trails” preceding section 7.4 of the Act is repealed and the following is substituted:
Location of snowmobile managed trails
3( 12) Section 7.4 of the English version of the Act is amended
ain subsection (1)
( i) in the portion preceding paragraph (a) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( ii) in paragraph (a) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( iii) in paragraph (b) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( iv) in paragraph (c) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( v) in paragraph (d) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
bin subsection (1.1) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
cin subsection (4) by striking out “motorized snow vehicle” and substituting “snowmobile”;
din subsection (6) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 13) The heading “Motorized snow vehicle managed trails” preceding section 7.5 of the Act is repealed and the following is substituted:
Liability with respect to snowmobile managed trails
3( 14) Section 7.5 of the English version of the Act is amended
ain subsection (1) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
bin subsection (2) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
cin subsection (3)
( i) in paragraph (a) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( ii) in paragraph (b) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( iii) in paragraph (c) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
din subsection (4)
( i) in paragraph (a) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”;
( ii) in paragraph (b) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 15) The heading “Motorized snow vehicle managed trails” preceding section 7.6 of the Act is repealed and the following is substituted:
Interpretation with respect to signs on snowmobile managed trails
3( 16) Section 7.7 of the Act is amended by adding after subsection (2) the following:
7.7( 3) Subject to subsection (4), no person shall operate a motor vehicle, other than an all-terrain vehicle operated in accordance with this Act, on an all-terrain vehicle managed trail.
7.7( 4) Subsection (3) does not apply to a person
aoperating a motor vehicle
( i) on behalf of the all-terrain vehicle trail manager in the course of carrying out any duty or exercising any power given to the all-terrain 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 an all-terrain 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 7.91(1)(a), or
boperating an off-road vehicle that is not 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 written authority given by the all-terrain vehicle trail manager under paragraph 7.8(3)(n).
3( 17) Section 9 of the English version of the Act is amended
ain subsection (1) by striking out “motorized snow vehicle” and substituting “snowmobile”;
bin subsection (2) by striking out “motorized snow vehicle” and substituting “snowmobile”;
cin subsection (3) by striking out “motorized snow vehicle” and substituting “snowmobile”.
3( 18) Paragraph 11(a) of the English version of the Act is amended by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 19) Section 16.1 of the English version of the Act is amended by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 20) The Act is amended by adding after section 16.1 the following:
Maintenance
16.2 Despite section 16, a person may operate an off-road vehicle on private property within 7.5 metres of the travelled portion of a highway for the purpose of snow removal or yard maintenance.
3( 21) Section 19.1 of the English version of the Act is amended
ain subsection (2) in the portion preceding paragraph (a) by striking out “motorized snow vehicle” and substituting “snowmobile”;
bin subsection (3) by striking out “motorized snow vehicle” and substituting “snowmobile”.
3( 22) The heading “Operation of motorized snow vehicle by young person” preceding section 19.2 of the English version of the Act is amended by striking out “motorized snow vehicle” and substituting “snowmobile”.
3( 23) Section 19.2 of the English version of the Act is amended
ain subsection (1)
( i) in the portion preceding paragraph (a) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( ii) in paragraph (a) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( iii) in paragraph (b) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( iv) in subparagraph (c)(ii) by striking out “motorized snow vehicle” and substituting “snowmobile”;
bin subsection (2) by striking out “motorized snow vehicle” and substituting “snowmobile”;
cin subsection (3) by striking out “motorized snow vehicle” and substituting “snowmobile”;
din paragraph (4)(b) by striking out “motorized snow vehicle” and substituting “snowmobile”.
3( 24) Section 20.1 of the Act is amended by striking out “(Canada)” and substituting “(Canada), as those sections read before the date that sections 320.14 and 320.15 of that Act came into force or as a result of a conviction for an offence under subsection 320.14(1) or (4) or subsection 320.15(1) of the Criminal Code (Canada)”.
3( 25) The Act is amended by adding after section 22 the following:
Prohibition with respect to flashing lights
22.1 With the exception of a peace officer, no person shall operate an off-road vehicle equipped with
aa flashing red light, or
ba combination of flashing red and blue lights.
Seat belt requirement
22.2( 1) No person shall drive an off-road vehicle unless
athe person is wearing a seat belt, if the person is occupying a seat in which a seat belt is provided for, and
bany occupant who is under 16 years of age is wearing a seat belt, if the occupant is occupying a seat in which a seat belt is provided for.
22.2( 2) No person who is 16 years of age or older shall be an occupant in an off-road vehicle unless the person is wearing a seat belt, if the person is occupying a seat in which a seat belt is provided for.
3( 26) Subsection 24(1) of the English version of the Act is amended
ain paragraph (c.01) by striking out “motorized snow vehicle” and substituting “snowmobile”;
bin paragraph (c.1) by striking out “motorized snow vehicle” and substituting “snowmobile”;
cin paragraph (c.2) by striking out “motorized snow vehicle” and substituting “snowmobile”;
din paragraph (e) by striking out “motorized snow vehicle” and substituting “snowmobile”;
ein paragraph (f) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 27) Subsection 24.01(2) of the Act is amended by striking out “20” and substituting “20 or paragraph 24(1)(a)”.
3( 28) Paragraph 25(1)(b) of the English version of the Act is amended
ain subparagraph (iv) by striking out “motorized snow vehicle” and substituting “snowmobile”;
bin subparagraph (v) by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 29) Section 31.1 of the English version of the Act is amended by striking out “motorized snow vehicle” and substituting “snowmobile”.
3( 30) The Act is amended by adding after section 31.2 the following:
Fine doubled
31.3 Despite section 51 and subsection 56(2) of the Provincial Offences Procedure Act, if a person is convicted of an offence under subsection 7.1(1) or subsection 7.7(1), the minimum fine is double the minimum fine referred to in that Act for that category of offence.
3( 31) Paragraph 35(b) of the English version of the Act is amended by striking out “motorized snow vehicle” and substituting “snowmobile”.
3( 32) Paragraph 38(d.1) of the English version of the Act is amended by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
3( 33) Paragraph 39.2(4)(a) of the English version of the Act is amended by striking out “motorized snow vehicle” and substituting “snowmobile”.
3( 34) Section 39.3 of the English version of the Act is amended
ain paragraph (a) by striking out “motorized snow vehicle” and substituting “snowmobile”;
bin paragraph (b) by striking out “motorized snow vehicle” and substituting “snowmobile”;
cin paragraph (c) by striking out “motorized snow vehicle” and substituting “snowmobile”;
din paragraph (d) by striking out “motorized snow vehicle” and substituting “snowmobile”;
ein paragraph (e) by striking out “motorized snow vehicles” and substituting “snowmobiles”;
fin paragraph (f) by striking out “motorized snow vehicles” and substituting “snowmobiles”;
gin paragraph (g) by striking out “motorized snow vehicle” and substituting “snowmobile”.
3( 35) Schedule A of the Act is amended
aby adding after
the following:
bby adding after
the following:
cby adding after
the following:
| | 22.1(a) ............... | B | |
| | 22.1(b) ............... | E | |
| | 22.2(1) ............... | C | |
| | 22.2(2) ............... | C | |
Trespass Act
4 Section 1 of the Trespass Act, chapter 117 of the Revised Statutes, 2012, is amended in the definition “motor vehicle” by striking out “snowmobile” and substituting “trail groomer”.
Regulation under the Highway Act
5( 1) Section 2 of the English version of New Brunswick Regulation 2010-55 under the Highway Act is amended in paragraph (b) of the definition “work” by striking out “motorized snow vehicle” and substituting “snowmobile”.
5( 2) Subsection 5(2) of the English version of the Regulation is amended by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
Regulation under the Motor Vehicle Act
6( 1) New Brunswick Regulation 83-42 under the Motor Vehicle Act is amended by striking out the heading “SNOWMOBILES” preceding section 6 and substituting the following:
TRAIL GROOMERS
6( 2) Section 6 of the Regulation is amended by striking out “snowmobiles” and substituting “trail groomers”.
Regulation under the New Brunswick Highway Corporation Act
7( 1) Section 2 of the English version of New Brunswick Regulation 2009-156 under the New Brunswick Highway Corporation Act is amended in paragraph (b) of the definition “work” by striking out “motorized snow vehicle” and substituting “snowmobile”.
7( 2) Subsection 5(2) of the English version of the Regulation is amended by striking out “motorized snow vehicle” wherever it appears and substituting “snowmobile”.
Regulations under the Off-Road Vehicle Act
8( 1) Paragraph 2(a) of New Brunswick Regulation 85-202 under the Off-Road Vehicle Act is amended by striking out “a dune buggy” and substituting “a dune buggy, a snow bike”.
8( 2) The English version of New Brunswick Regulation 2009-51 under the Off-Road Vehicle Act is amended
ain subsection 15(2)
( i) in paragraph (b) by striking out “motorized snow vehicle” and substituting “snowmobile”;
( ii) in subparagraph (c)(ii) by striking out “motorized snow vehicle” and substituting “snowmobile”;
bin the heading “Specifications for motorized snow vehicles” preceding section 21 by striking out “motorized snow vehicles” and substituting “snowmobiles”;
cin section 21 in the portion preceding paragraph (a) by striking out “motorized snow vehicle” and substituting “snowmobile”.
8( 3) Subsection 3(1) of the English version of New Brunswick Regulation 2010-15 under the Off-Road Vehicle Act is amended by striking out “motorized snow vehicle” and substituting “snowmobile”.
Regulation under the Parks Act
9 Section 11 of the English version of New Brunswick Regulation 85-104 under the Parks Act is amended
ain subsection (1) by striking out “motorized snow vehicle” and substituting “snowmobile”;
bin subsection (2) by striking out “motorized snow vehicle” and substituting “snowmobile”.
Regulation under the Petroleum Products Pricing Act
10 Paragraph 20.1(c) under the English version of New Brunswick Regulation 2006-41 under the Petroleum Products Pricing Act is amended by striking out “motorized snow vehicle” and “motorized snow vehicles” and substituting “snowmobile” and “snowmobiles” respectively.
Regulation under the Protected Natural Areas Act
11 Section 8 of the English version of New Brunswick Regulation 2004-57 under the Protected Natural Areas Act is amended
ain subsection (1) in the portion preceding paragraph (a) of the definition “all-terrain vehicle” by striking out “motorized snow vehicle” and substituting “snowmobile”;
bin paragraph (3)(e) by striking out “motorized snow vehicle” and substituting “snowmobile”.
Regulation under the Provincial Offences Procedure Act
12( 1) Paragraph 3(1)(a) of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended
aby repealing subparagraph (i);
bby repealing subparagraph (ii).
12( 2) Schedule A of the English version of the Regulation is amended in the portion for the Off-Road Vehicle Act
aby striking out
3(1)(c) | | uninsured motorized snow vehicle |
and substituting the following:
3(1)(c) | | uninsured snowmobile |
bby striking out
7.1(3) |
| operating an unauthorized vehicle on a motorized snow vehicle trail |
and substituting the following:
7.1(3) | | operating an unauthorized vehicle on a snowmobile trail |
cby striking out
7.3(3) |
| tearing down (or removing or damaging or covering or defacing or altering) a sign posted on a motorized snow vehicle trail |
and substituting the following:
7.3(3) | | tearing down (or removing or damaging or covering or defacing or altering) a sign posted on a snowmobile trail |
dby striking out
7.3(4) |
| operating a motorized snow vehicle in contravention of a sign |
and substituting the following:
7.3(4) | | operating a snowmobile in contravention of a sign |
13 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.