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Newfoundland and Labrador
Regulation 2004


NEWFOUNDLAND AND LABRADOR REGULATION 154/04

NEWFOUNDLAND AND LABRADOR
REGULATION 154/04

Motorized Snow Vehicles and All-Terrain Vehicles Regulations (Amendment)
under the
Motorized Snow Vehicles and Al-Terrain Vehicles Act
(O.C. 2004-530)

(Filed December 22, 2004)

Under the authority of section 21 of the Motorized Snow Vehicles and All Terrain Vehicles Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johnís, December 22, 2004.

Tim Murphy
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


††††††† 1. Ss.7.1 & 7.2 Added
7.1†† Operation on managed
††††††† trails
7.2†† Managed trail
††††††† operators, duties and
††††††† powers

††††††† 2.†† S.25 Amdt.
Non-application

††††††† 3.†† Sch. R&S


CNLR 1163/96
as amended

††††††† 1. The Motorized Snow Vehicles and All-Terrain Vehicles Regulations are amended by adding immediately after section 7 the following:

Operation on managed trails

††††† 7.1 (1) A person shall not operate a motorized snow vehicle on a managed trail unless that vehicle

†††††††††††† (a)has permanently attached a motorized snow vehicle sticker or other identifying marker issued by the appropriate authority under section 7.2; or

†††††††††††† (b)has a motorized snow vehicle dealer trail permit issued by the appropriate authority under section 7.2 attached to the ignition key inserted in the ignition of that vehicle.

†††††††††††† (2)Subsection (1) shall not apply

†††††††††††† (a)to a person operating a motorized snow vehicle on land in the control or ownership of that person or by a member of his or her immediate family;

†††††††††††† (b)within the Labrador Inuit Settlement Area, to an Inuk, Inuit Business, Inuit Community Government, Inuit Community Corporation and the Nunatsiavut Government; and

†††††††††††† (c)to a person while crossing a managed trail that divides land, in a manner roughly perpendicular to the managed trail, in order to move a motorized snow vehicle from one portion of that land directly to the other portion of that land divided by that managed trail.

†††††††††††† (3)In paragraph (2)(b), "Labrador Inuit Settlement Area", "Inuk", "Inuit Business", "Inuit Community Government", "Inuit Community Corporation" and "Nunatsiavut Government" have the same meanings as in the Labrador Inuit Land Claims Agreement signed on behalf of the Inuit of Labrador as represented by the Labrador Inuit Association, Her Majesty the Queen in right of Newfoundland and Labrador and Her Majesty the Queen in right of Canada.

Managed trail operators duties and powers

††††† 7.2 (1) The Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc., incorporated under the Corporations Act shall

†††††††††††† (a)receive and process applications for managed trail permits and issue managed trail permits, stickers or other identifying markers to persons operating a motorized snow vehicle on a managed trail under the control and management of the corporation to which the application is made;

†††††††††††† (b)charge, receive and retain a fee for the issuance of managed trail permits, stickers or other identifying markers under paragraph (a) at a rate that shall be approved annually by the minister in consultation with the Minister of Tourism, Culture and Recreation;

†††††††††††† (c)determine the form and manner in which an application for a managed trail permit shall be made and the classes of managed trail permit that may be issued;

†††††††††††† (d)determine conditions that apply in relation to the issuance, holding, replacement and use of managed trail permits, stickers and other identifying markers and respecting the period of time for which a managed trail permit, sticker or other identifying marker is valid;

†††††††††††† (e)issue a description of its managed trail to each recipient of a managed trail permit, sticker or other identifying marker;

††††††††††††† (f)clearly mark its managed trail;

†††††††††††† (g)annually provide to the minister a financial statement audited by an auditor approved by the minister; and

†††††††††††† (h)utilize revenue from the sale of managed trail permits, stickers or other identifying markers to manage, maintain, upgrade or expand its managed trails and to purchase insurance required to ensure its continued operation and activities.

†††††††††††† (2)The Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. may delegate duties under subsection (1) to persons that they may designate.

†††††††††††† (3)The Newfoundland and Labrador Snowmobile Federation Inc. and the Labrador Winter Trails Inc. and their designates are not agents of the Crown.

†††††††††††† (4)A person shall not maintain a managed trail or remove, tear down, damage, cover, deface or alter a sign posted or erected by the Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. on their managed trails unless doing so under the direction of the Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. or their designates.

†††††††††††† (5)The Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc., their designates or other persons acting on their behalf shall not maintain a managed trail or identify a managed trail by posting or erecting signs or otherwise administer, control or operate a managed trail

†††††††††††† (a)on privately owned land, without first obtaining the written consent of the person entitled to withhold consent with respect to the land on which the managed trail is located;

†††††††††††† (b)on land owned by a municipality, without first obtaining the written consent of that municipality;

†††††††††††† (c)on Crown land without first obtaining the written consent of the Minister of the government of the province responsible for the Lands Act; and

†††††††††††† (d)on a highway, without first obtaining the written consent of the Minister of Government Services.

†††††††††††† (6)The Newfoundland and Labrador Snowmobile Federation Inc. and the Labrador Winter Trails Inc. shall maintain liability insurance with respect to their managed trail operations.

 

††††††† 2. Section 25 of the regulations is amended by adding immediately after the figures, period and comma "5.1," the figures, periods and commas "7.1, 7.2,".

 

††††††† 3. The Schedule is repealed and the following substituted:

Schedule

Inventory of Peace Officer Position

Department of Natural Resources

Regional Compliance Manager

Conservation Officer IVís

Conservation Officer IIIís

Conservation Officer IIís

Director of Legislation & Compliance

Chief of Special Investigations

Resource Protection Specialist

Department of Environment and Conservation
(Parks and Natural Areas Division)

Environmental Investigators

Land Management Officers

Park Manager IIís

Park Manager Iís

Park Rangers

Park Technician IIís

Park Technician Iís

Biologist IIís

(Wild Life Division)

Director

Senior Wildlife Biologists

Wildlife Biologists

Ecosystem Management Ecologists

Chief of Endangered Species and Biodiversity

Chief of Wildlife Ecosystem Management Planning

Manager of Salmonier Nature Park

Manager of Conservation Services

Training Specialist

Animal Curator

Conservation Officers

Wildlife Field Technicians

Wildlife Laboratory Technicians

Department of Fisheries and Aquaculture

Fisheries Inspection Officers

Fisheries Inspection Co-ordinator

Director of regional Services

Fisheries Field Representatives

Fisheries Development Officers

Aquaculturist

Department of Government Services

Highway Enforcement Officers

Weighscale Inspectors

Technical Inspectors

Royal Newfoundland Constabulary/Royal Canadian Mounted Police

All Detachments

Municipalities

Municipal Enforcement Officers