BILL 11

An Act to Amend the All-Terrain 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 All-Terrain Vehicle Act, chapter A-7.11 of the Acts of New Brunswick, 1985, is amended

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

"Crown Lands" means Crown Lands as defined in the Crown Lands and Forests Act and all other lands vested in Her Majesty in right of the Province;

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

"groom" means, when used with reference to a trail, to use mechanical equipment to aerate, compact and smooth the snow on the trail;

"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;

"municipal land" means land, including any water on the surface of the land, that is owned or leased by a municipality;

"private land" means land, including any water on the surface of the land, but not including Crown Lands and municipal land;

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

"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.

(b) in the definition "roadway" in the English version by striking out the period at the end of the definition and substituting a semicolon.

2 Section 2 of the Act is repealed and the following is substituted: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

3 The Act is amended by adding after section 7 the following:

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.

7.1(2) Subsection (1) does not apply to a person operating a motorized snow vehicle on land that is owned or lawfully occupied by the person or by a member of the immediate family of the person.

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.

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

(a) operating a motor vehicle 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

(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).

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.

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.

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).

7.3(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).

7.3(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).

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

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.

7.4(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.

7.4(3) Terms and conditions referred to in subsection (2) may vary as between different written consents or leases.

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).

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.

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.

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.

7.6 For all purposes of this Act, the regulations under this Act and an agreement made under subsection 7.2(3) of this Act, including, without restricting the foregoing, for the purposes of any prosecution or other proceeding under this Act or the regulations, in or on any permit, notice or other document issued, replaced or given or any sign posted or erected on or before July 1, 2001, a reference to "permis de sentier" shall be deemed to be a reference to "permis d'usage des sentiers".

4 Section 9 of the Act is repealed and the following is substituted:

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

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

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.

5 Section 11 of the Act is amended by adding a comma followed by "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)" after "this Act".

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

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

(a) to stop,

(b) to give the operator's name and address,

(c) to produce the original or a photocopy of the registration certificate for the 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,

(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

(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.

24(2) Every operator of an all-terrain vehicle shall immediately comply with any request or signal made by a peace officer under subsection (1).

24(3) Every peace officer may, without being liable for trespass, enter and stop upon and pass through private land or municipal land whenever necessary for the proper performance of the peace officer's duties under this Act.

7 The Act is amended by adding after section 24 the following:

24.1 Notwithstanding anything in the Provincial Offences Procedure Act or any other Act, for the purposes of the Provincial Offences Procedure Act, game wardens and deputy game wardens appointed under the Fish and Wildlife Act are authorized persons who may serve appearance notices before an information is laid in respect of an offence under this Act.

8 Paragraph 25(1)(b) of the Act is repealed and the following is substituted:

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

(i) the operator's name and address, in writing,

(ii) the name and address of the owner of the vehicle, in writing,

(iii) the original or a photocopy of the registration certificate for the vehicle,

(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

(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.

9 Section 38 of the Act is amended by adding after paragraph (d) the following:

(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;

10 Schedule A of the Act is amended

(a) by adding after

6 B

the following:

7.1(1) B

7.1(3) B

7.3(3) E

7.3(4) E

(b) in the French version by striking out

16 C

and substituting

16 E

Provincial Offences Procedure Act

11 Paragraph 3(1)(a) of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is repealed and the following is substituted:

(a) all offences under the All-Terrain Vehicle Act other than

(i) offences under subsections 7.1(1), 7.1(3), 7.3(3) and 7.3(4) of that Act, and

(ii) offences created by by-laws enacted by a municipality under section 37 of that Act;