45

 

First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 45

AN ACT TO AMEND THE MOTORIZED SNOW VEHICLES AND ALL-TERRAIN VEHICLES ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE PAUL SHELLEY

Minister of Tourism, Culture and Recreation

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

Clause 1 of the Bill would amend section 2 of the Motorized Snow Vehicles and All-Terrain Vehicles Act by repealing and replacing definitions of the terms "minister" and "department" and by adding definitions of the terms "managed trail" and "motorized snow vehicle".

Clause 2 of the Bill would add a proposed section 20.1 to the Act to require that persons operating snowmobiles on two managed trails in the province purchase a permit to do so from the organizations that are maintaining and grooming those trails.  This clause would further protect municipalities, the Crown and its employees from liability with respect to activities relating to those managed trails.

Clause 3 of the Bill would amend the regulation making section of the Act, section 21, to allow the making of regulations with respect to the operations and duties of the organizations that are maintaining and grooming the managed trails.  This clause would also add subsection 21(5) to the Act to allow the organizations that issue managed trail permits to collect and keep the fees collected for those permits.

A BILL

AN ACT TO AMEND THE MOTORIZED SNOW VEHICLES AND ALL-TERRAIN VEHICLES ACT

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.20.1 Added
Prohibition re: snowmobile trails

        3.   S.21 Amdt.
Regulations

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL 1990 cM-20 as amended

        1. (1) Paragraph 2(b) of the Motorized Snow Vehicles and All-Terrain Vehicles Act is repealed and the following substituted:

             (b)  "department" means the department presided over by the minister;

             (2)  Paragraph 2(d) of the Act is repealed and the following substituted:

             (d)  "managed trail" means a motorized snow vehicle trail constructed, maintained or operated by the Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. incorporated under the Corporations Act;

          (d.1)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (3)  The Act is amended by adding immediately after paragraph 2(e) the following:

          (e.1)  "motorized snow vehicle" means a tracked vehicle, commonly known as a snowmobile, where the driver sits astride a seat and which is designed for operation over snow covered land and ice;

 

        2. The Act is amended by adding immediately after section 20 the following:

Prohibition re: snowmobile trails

   20.1 (1) A person shall not operate a motorized snow vehicle on a managed trail in the province except in accordance with the regulations.

             (2)  An action or other proceeding shall not lie against an owner or occupier of land, a municipality, Her Majesty in Right of the province, a Minister of the Crown, or an employee, officer or agent of them for an injury, loss or damage suffered as a result of or arising out of a person using, operating, riding or being towed by a motorized snow vehicle on a managed trail.

             (3)  An action or other proceeding shall not lie against Her Majesty in Right of the province, a Minister of the Crown, or an employee, officer or agent of them

             (a)  in respect of an act done or omitted to be done by them or another person in good faith in the execution or intended execution of a duty or power under regulations made under paragraphs 21(1)(f.1) to (f.5); and

             (b)  in respect of a tort committed by the Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. or their designates, employees or agents.

 

        3. (1) Subsection 21(1) of the Act is amended by adding immediately after paragraph (f) the following:

           (f.1)  providing for the compulsory purchase of trail use permits and identification of that purchase by the affixation of stickers or other identifying markers to motorized snow vehicles operating on managed trails established and maintained by specified bodies;

           (f.2)  establishing the duties and responsibilities of bodies referred to in paragraph (f.1);

           (f.3)  providing for the exemption of persons, groups, or other bodies from the application of regulations made with respect to paragraphs (f.1) to (f.5);

           (f.4)  providing for the allocation of powers and duties of bodies referred to in paragraph (f.1) to designates;

           (f.5)  requiring that the bodies referred to in paragraph (f.1) obtain insurance;

             (2)  Section 21 of the Act is amended by adding immediately after subsection (4) the following:

             (5)  For the purpose of regulations under paragraph (f.1), the minister may authorize the charging of fees for trail use permits and those fees shall not be considered to be public money for the purpose of the Financial Administration Act.

 

 

 

 

 

 

 

 

 

 

 

 

 

ŠEarl G. Tucker, Queen's Printer