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 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)
(b.01) an off-road vehicle enforcement
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
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
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.
20 of the Act is repealed and the following is substituted: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.
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,
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
(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.
A of the Act is amended by adding after
8 This Act or any provision of this Act comes
into force on a day or days to be fixed by proclamation.