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Motor Vehicle Act CHAPTER 293 OF THE REVISED STATUTES, 1989 as amended by 1990, c. 36; 1993, cc. 30, 31; 1994, cc. 24, 25; 1994-95, c. 6, s. 65; 1994-95, c. 12; 1994-95, c. 18, s. 3; 1995-96, cc. 20, 22, 23; 1996, cc. 34, 35; 1997, c. 5; 1998, c. 32; 1999, c. 4, s. 26; 1999, c. 11; 2000, c. 14; 2001, c. 12, ss. 2-21; 2001, c. 44, ss. 1-10; 2002, c. 5, s. 33; 2002, c. 10, ss. 10-21; 2002, c. 20, ss. 1-3, 5-12; 2002, c. 30, s. 14; 2003 (2nd Session), c. 1, ss. 28-34; 2004, c. 6, ss. 21-23; 2004, c. 41; 2004, c. 42, ss. 1-4, 6-16; 2005, c. 8, ss. 9-15; 2005, c. 32, ss. 3, 4; 2005, c. 38, ss. 1, 2; 2005, c. 54; 2006, cc. 35-37; 2007, c. 9, s. 30; 2007, c. 20, ss. 8, 9; 2007, c. 45, ss. 1(b), 4-13, 17-25; 2008, c. 2, s. 27; 2008, c. 21, ss. 1, 2, 8-11; 2008, cc. 22, 23, 61, 62; 2009, c. 5, s. 24; 2009, cc. 20-23; 2010, cc. 20, 21, 59; 2010, c. 61, ss. 4, 6, 7; 2010, cc. 62, 63; 2011, c. 8, s. 17; 2011, c. 22; 2011, c. 35, ss. 10-12; 2011, cc. 46, 67; 2012, c. 52; 2013, c. 3, ss. 9, 10; 2013, c. 4; 2013, c. 10, ss. 10-13; 2014, c. 20; 2014, c. 53, ss. 1-11, 12(b), (c), 13-16; 2015, c. 6, ss. 30, 31; 2015, c. 45, ss. 1-3, 5-10, 13-16, 18, 19; 2015, c. 46; 2016, c. 24, s. 27; 2018, c. 3, ss. 46-64; 2018, c. 15; 2018, c. 38, ss. 4-6; 2021, c. 8, s. 23; 2021, c. 32; 2022, c. 21; 2023, c. 4, ss. 38-40; 2023, c. 20 © 2023 His Majesty the King in right of the Province of Nova Scotia Published by Authority of the Speaker of the House of Assembly Halifax
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NOVEMBER 9, 2023CHAPTER 293 OF THE REVISED STATUTES, 1989 amended 1990, c. 36; 1993, cc. 30, 31; 1994, cc. 24, 25; 1994-95, c. 6, s. 65; 1994-95, c. 12; 1994-95, c. 18, s. 3; 1995-96, cc. 20, 22, 23; 1996, cc. 34, 35; 1997, c. 5; 1998, c. 32; 1999, c. 4, s. 26; 1999, c. 11; 2000, c. 14; 2001, c. 12, ss. 2-21; 2001, c. 44, ss. 1-10; 2002, c. 5, s. 33; 2002, c. 10, ss. 10-21; 2002, c. 20, ss. 1-3, 5-12; 2002, c. 30, s. 14; 2003 (2nd Session), c. 1, ss. 28-34; 2004, c. 6, ss. 21-23; 2004, c. 41; 2004, c. 42, ss. 1-4, 6-16; 2005, c. 8, ss. 9-15; 2005, c. 32, ss. 3, 4; 2005, c. 38, ss. 1, 2; 2005, c. 54; 2006, cc. 35-37; 2007, c. 9, s. 30; 2007, c. 20, ss. 8, 9; 2007, c. 45, ss. 1(b), 4-13, 17-25; 2008, c. 2, s. 27; 2008, c. 21, ss. 1, 2, 8-11; 2008, cc. 22, 23, 61, 62; 2009, c. 5, s. 24; 2009, cc. 20-23; 2010, cc. 20, 21, 59; 2010, c. 61, ss. 4, 6, 7; 2010, cc. 62, 63; 2011, c. 8, s. 17; 2011, c. 22; 2011, c. 35, ss. 10-12; 2011, cc. 46, 67; 2012, c. 52; 2013, c. 3, ss. 9, 10; 2013, c. 4; 2013, c. 10, ss. 10-13; 2014, c. 20; 2014, c. 53, ss. 1-11, 12(b), (c), 13-16; 2015, c. 6, ss. 30, 31; 2015, c. 45, ss. 1-3, 5-10, 13-16, 18, 19; 2015, c. 46; 2016, c. 24, s. 27; 2018, c. 3, ss. 46-64; 2018, c. 15; 2018, c. 38, ss. 4-6; 2021, c. 8, s. 23; 2021, c. 32; 2022, c. 21; 2023, c. 4, ss. 38-40; 2023, c. 20 An Act in Relation to the Registration and Identification of Motor Vehicles and the Use of the Public Highways by such Vehicles Table of Contents (The table of contents is not part of the statute) Section Short title........................................................................................................................................... 1 Interpretation Interpretation..................................................................................................................................... 2 Owner of vehicle............................................................................................................................... 2A Registrar of Motor Vehicles.............................................................................................................. 3 Deputy Registrar of Motor Vehicles................................................................................................. 4 Director of Highway Safety.............................................................................................................. 5 Motor vehicle inspectors................................................................................................................... 6 Speedometer testers and engineers................................................................................................... 7 Medical Advisory Committee........................................................................................................... 7B Motor Vehicle Appeal Board............................................................................................................. 7C Division of Act.................................................................................................................................. 8 Certain exemptions for trolley coaches............................................................................................. 9 PART I Registration of Vehicles Classification of vehicles.................................................................................................................. 10 Prohibited vehicles............................................................................................................................ 11 Serial numbers................................................................................................................................... 12 Registration by owner....................................................................................................................... 13 Application for registration............................................................................................................... 14 Registration and appeal from refusal................................................................................................ 15 Permit................................................................................................................................................ 16
2 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Non-payment of tax........................................................................................................................... 17 Duty to carry permit........................................................................................................................... 18 Number plate..................................................................................................................................... 19 Display of number plate..................................................................................................................... 20 Expiry and renewal of registration.................................................................................................... 21 Extension of vehicle registrations...................................................................................................... 22 Effect of vehicle transfer.................................................................................................................... 23 Notice of transfer by dealer............................................................................................................... 24 Exemption and inter-provincial trucking........................................................................................... 25 Dealers' Number Plates Dealer number plate........................................................................................................................... 26 Use of dealer number plate................................................................................................................ 27 Dealer permit..................................................................................................................................... 28 Dealer number plate for transporting vehicles................................................................................... 29 Temporary numbers and in-transit permits........................................................................................ 30 Regulations respecting dealer number plates.................................................................................... 31 Regulations respecting dealers.......................................................................................................... 32 Motor Vehicle Safety Act (Canada) standards................................................................................... 33 General Provisions in Regard to Registration and Number Plates Responsibility respecting errors, custody, loss or damage................................................................ 34 Finding or removal of number plate.................................................................................................. 35 Publication of description of plates and numbers.............................................................................. 36 Offences respecting registration........................................................................................................ 37 Identification or registration.............................................................................................................. 38 PART II Anti-theft Provisions Application of Sections 39 to 46....................................................................................................... 39 Conditions for registration or transfer and operation........................................................................ 40 Form of application for registration................................................................................................... 41 Certificate of registration................................................................................................................... 42 Transfer of vehicle............................................................................................................................. 43 Refusal or cancellation of registration............................................................................................... 44 Loss of registration or permit............................................................................................................ 45 Offence............................................................................................................................................... 46 Alteration of vehicle.......................................................................................................................... 47 Replacement of serial number........................................................................................................... 48 Offence............................................................................................................................................... 49 Serial number on bicycle or personal transporter.............................................................................. 50 Vehicle with altered number or stolen vehicle................................................................................... 51 Report of vehicle stolen or recovered................................................................................................ 52 PART III Dealers' Licenses Dealer license required...................................................................................................................... 53 Issue and expiry of dealer license...................................................................................................... 54 Form, validity and display of dealer license...................................................................................... 55 Dealer record and proof of ownership............................................................................................... 56 Garage Licenses Regulations respecting garage license............................................................................................... 57 Report by garage................................................................................................................................ 58 Right of entry..................................................................................................................................... 59 Regulations respecting dealer license................................................................................................ 60
R. S., c. 293 motor vehicle 3 NOVEMBER 9, 2023For Rent Cars Record of rentals............................................................................................................................... 61 Driver Training Schools Regulations respecting driver training schools................................................................................. 63 PART IV Drivers' Licenses License required to drive on highway............................................................................................... 64 Licensed non-resident........................................................................................................................ 65 Regulations........................................................................................................................................ 66 Refusal to issue and restoration of driver's license........................................................................... 67 Restoration for non-resident.............................................................................................................. 67A Reinstatement fee.............................................................................................................................. 68 Age limits for certain vehicles........................................................................................................... 69 Supervising driver............................................................................................................................. 69A Learners class driver's license........................................................................................................... 70 Newly licensed driver........................................................................................................................ 70A Driver's license for motorcycle as learner........................................................................................ 70B Novice driver..................................................................................................................................... 70C Application for driver's license and change of address.................................................................... 71 Disclosure of information for War Amps Key Tag Service............................................................... 71A License to person under eighteen years............................................................................................. 72 Examination of applicant................................................................................................................... 73 Examiners.......................................................................................................................................... 74 Issue of driver's license..................................................................................................................... 75 Operation of motorcycle on highway................................................................................................ 76 Loss or destruction of driver's license.............................................................................................. 77 Duties of driver respecting license.................................................................................................... 78 Expiry and renewal of driver's license.............................................................................................. 79 Offences respecting license............................................................................................................... 80 Seizure of license pending prosecution............................................................................................. 81 Permitting operation of vehicle......................................................................................................... 82 PART V Traffic on the Highway Direction of peace officer or traffic sign or signal............................................................................ 83 Working on highway......................................................................................................................... 84 Bicycle, animal, push-cart or wheelbarrow....................................................................................... 85 Operation of personal transporter...................................................................................................... 85A Operation of electric kick-scooter..................................................................................................... 85B Traffic Authority and Signs and Signals Traffic authorities.............................................................................................................................. 86 Classification and signing of highway and signals........................................................................... 87 Signs and signals............................................................................................................................... 88 Erection of signs and signals by traffic authority.............................................................................. 89 Crosswalks, prohibited turns, etc. and parades................................................................................. 90 Danger zone....................................................................................................................................... 91 Tow-away zone.................................................................................................................................. 92 Traffic signals.................................................................................................................................... 93 Offences respecting sign or signal..................................................................................................... 94 Glaring light...................................................................................................................................... 95 Defacing, knocking down or removing sign or signal...................................................................... 96 Accidents Duty to stop at accident and to report................................................................................................ 97 Accident report.................................................................................................................................. 98
4 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Duty of garage to report damaged vehicle......................................................................................... 99 Salvage or non-repairable vehicle..................................................................................................... 99A Prudent Driving and Speed Restrictions Duty to drive carefully....................................................................................................................... 100 Consumption of alcohol by novice drivers........................................................................................100A Twenty-four hour revocation and suspension of license................................................................... 100B Intention of suspension...................................................................................................................... 100C Cellular telephones............................................................................................................................100D Careful and prudent speed................................................................................................................. 101 Prima facie speed limit...................................................................................................................... 102 School area and school bus................................................................................................................ 103 Fixing maximum speed rate............................................................................................................... 104 Posted higher rate of speed................................................................................................................ 105 Maximum speed limit........................................................................................................................ 106 Exceeding speed limit........................................................................................................................106A Temporary work area......................................................................................................................... 106B Sign for temporary work area............................................................................................................106C Interpretation of Sections 106E and 106F......................................................................................... 106D Regulations..................................................................................................................................... 106DA Speed limit when passing emergency vehicle................................................................................... 106E Lane use when passing emergency vehicle....................................................................................... 106F Exemption of public safety vehicle................................................................................................... 106G Slow driving....................................................................................................................................... 107 Signage for temporary work area and Department vehicle............................................................... 107A Traffic control person........................................................................................................................107B Restrictions on bridge........................................................................................................................ 108 Exemption of police or emergency vehicle....................................................................................... 109 Rules of the Road Duty to drive on right........................................................................................................................ 110 Rules for laned traffic........................................................................................................................ 111 Rule for lane merge............................................................................................................................ 111A Highway divided into two separate roadways................................................................................... 112 Passing in opposite directions............................................................................................................ 113 Overtaking and passing...................................................................................................................... 114 Driving on left of centre line............................................................................................................. 115 Sign or mark prohibiting passing....................................................................................................... 116 Minimum following distance and slow-moving vehicle................................................................... 117 Rules respecting intersection............................................................................................................. 118 Signal required................................................................................................................................... 119 Backing and turning around............................................................................................................... 120 Prohibited use of exit ramp................................................................................................................ 121 Right of way or left turn at intersection............................................................................................. 122 Entering a highway and emergency vehicles..................................................................................... 123 Duty on approach of emergency vehicle........................................................................................... 124 Duty respecting transit bus................................................................................................................124A Pedestrians Pedestrian and vehicle rights of way................................................................................................. 125 Crossing guard................................................................................................................................... 125A Surrender and revocation of licence.................................................................................................. 125B Offence to disobey traffic signal........................................................................................................ 126 Movement of pedestrians................................................................................................................... 127 Standing in roadway to hitch-hike or board streetcar........................................................................ 128 Street Cars and Vehicles Boarding, alighting from or riding in vehicle.................................................................................... 129 No driving bus with open door.......................................................................................................... 130 Safety Zones and Compulsory Stops Safety zone......................................................................................................................................... 131
R. S., c. 293 motor vehicle 5 NOVEMBER 9, 2023Bicycle lanes...................................................................................................................................... 131A Railway crossing............................................................................................................................... 132 Stop sign............................................................................................................................................ 133 Yield sign........................................................................................................................................... 134 Rotary or roundabout......................................................................................................................... 135 Driveway........................................................................................................................................... 136 Application of Sections 131 to 136................................................................................................... 137 Parking Parking on highway........................................................................................................................... 138 Winter parking................................................................................................................................... 139 Warning flare or reflector.................................................................................................................. 140 Service truck...................................................................................................................................... 141 Alternative to pot flame flare............................................................................................................ 142 No stopping, standing or parking...................................................................................................... 143 Passenger or loading zone................................................................................................................. 144 Parking by mobility disabled............................................................................................................. 145 Bus stop or taxi stand........................................................................................................................ 146 Trolley coach stop............................................................................................................................. 147 Business or residence district or alley............................................................................................... 148 Private property................................................................................................................................. 149 Fire lane............................................................................................................................................. 150 Signs.................................................................................................................................................. 151 Parking and parking meter regulations for city or town.................................................................... 152 Municipal parking meter by-law....................................................................................................... 153 Exemption from parking restrictions................................................................................................. 154 Vehicle parking time limit................................................................................................................. 155 Allowable manner of stopping, standing or parking......................................................................... 156 Exemption for emergency vehicle..................................................................................................... 157 Abandonment of vehicle................................................................................................................... 158 Parking of vehicle displayed for sale................................................................................................ 159 Unattended vehicle............................................................................................................................ 160 Miscellaneous Traffic Provisions Fire apparatus.................................................................................................................................... 161 Coasting in neutral............................................................................................................................. 162 Racing, parade or sporting event....................................................................................................... 163 Detention of vehicle and surrender and revocation of licence.......................................................... 163A Regulations........................................................................................................................................ 163B Driving on sidewalk.......................................................................................................................... 164 Driving into procession..................................................................................................................... 165 Vehicle in public park........................................................................................................................ 166 Horse on highway or sidewalks......................................................................................................... 167 Unattended animal on highway......................................................................................................... 168 Riding on frame or clinging to moving vehicle................................................................................ 169 Headgear when riding motorcycle or motor scooter......................................................................... 170 Helmet for bicycle, electric kick-scooter and personal transporter................................................... 170A Helmet for scooter, skate board, in-line skates, roller skates, etc..................................................... 170B Prohibited conduct on or place to ride bicycle.................................................................................. 171 Designation of sidewalk as trail........................................................................................................ 171A Motor vehicle passing bicycle........................................................................................................... 171B Roller skates or skate board............................................................................................................... 172 Operation of personal transporter...................................................................................................... 172A Restriction on operation.................................................................................................................... 172B Operation of electric kick-scooter..................................................................................................... 172C Operation of electric kick-scooter..................................................................................................... 172D Restriction on operation.................................................................................................................... 172E Throwing object at vehicle or on highway........................................................................................ 173 Selling or soliciting on a roadway..................................................................................................... 173A Equipment Lights or reflector.............................................................................................................................. 174 Lighted headlamps or daytime running lights................................................................................... 174A Seat belts............................................................................................................................................ 175
6 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Regulations respecting lighting equipment....................................................................................... 176 Spot, fog, signal or brake lights......................................................................................................... 177 Type of light....................................................................................................................................... 178 Red, blue or flashing lights................................................................................................................ 179 Regulations respecting lighting equipment....................................................................................... 180 Regulations respecting exterior vehicle equipment........................................................................... 180A Brakes................................................................................................................................................ 181 Diesel engine enhanced braking system............................................................................................181A Speedometer and odometer................................................................................................................ 182 Radar-warning device........................................................................................................................182A Horn, siren or bell.............................................................................................................................. 183 Mirror, windshield or television........................................................................................................ 184 Flag or light at end of load................................................................................................................. 185 Truck with open tail gate................................................................................................................... 186 Muffler or fumes................................................................................................................................ 187 Excessive noise.................................................................................................................................. 188 Personal transporter damaged or modified........................................................................................ 189 Electric kick-scooter damaged or modified....................................................................................... 189A More than one trailer or towing......................................................................................................... 190 Weights and loads.............................................................................................................................. 191 Requirement for vehicle to be weighed............................................................................................. 192 Proof of scale reading as prima facie evidence................................................................................. 193 Temporary weight restriction or truck route...................................................................................... 194 Regulation of trucks by Provincial Traffic Authority........................................................................ 195 Application of Sections 194 and 195 to trucks.................................................................................. 196 Powers of peace officer......................................................................................................................196A Transportation of dangerous goods.................................................................................................... 197 Solid rubber, metal or studded tires................................................................................................... 198 Dropping contents of vehicle and mudguards................................................................................... 199 Regulations respecting equipment..................................................................................................... 200 Vehicle inspection.............................................................................................................................. 201 Emergency Regulations Emergency or special conditions or flammable cargo....................................................................... 202 PART VI Financial Responsibility of Owners and Drivers Preservation of remedies.................................................................................................................... 203 Liability insurance card..................................................................................................................... 204 Suspension of license and permit...................................................................................................... 205 Financial responsibility card.............................................................................................................. 206 Amount of security............................................................................................................................ 207 Form of security................................................................................................................................. 208 Purpose of security............................................................................................................................ 209 Offences respecting card.................................................................................................................... 210 Unsatisfied Judgment Fund............................................................................................................... 211 Payment from Fund........................................................................................................................... 212 Judgment Recovery (N. S. ) Ltd.......................................................................................................... 213 Maximum payment............................................................................................................................ 214 Settlement.......................................................................................................................................... 215 Hearing to determine obligation of insurer........................................................................................ 216 Actions begun before July 1, 1961.................................................................................................... 217 Actions begun on or after July 1, 1961.............................................................................................. 218 Restoration of license or permit......................................................................................................... 219 Deductible.......................................................................................................................................... 220 Effective date of Sections 213 to 219................................................................................................ 221 Quebec............................................................................................................................................... 222 Assignment of judgment to Minister of Finance and Treasury Board............................................... 223 Restoration of license or permit......................................................................................................... 224 Repayment to Fund by instalments.................................................................................................... 225 Regulations respecting Sections 203 to 246...................................................................................... 226 Failure to pay judgment..................................................................................................................... 227 Commercial vehicle insurance........................................................................................................... 228
R. S., c. 293 motor vehicle 7 NOVEMBER 9, 2023Proof of financial responsibility........................................................................................................ 229 Liability policy.................................................................................................................................. 230 Liability policy for motor vehicle registered in another jurisdiction................................................ 230A Suspension of license after accident.................................................................................................. 231 Suspension of non-resident............................................................................................................... 232 Voluntary filing of proof of financial responsibility.......................................................................... 233 Failure to maintain financial responsibility....................................................................................... 234 Amount of financial responsibility.................................................................................................... 235 Manner of proof of financial responsibility...................................................................................... 236 Use of security................................................................................................................................... 237 Chauffeur or family member............................................................................................................. 238 Payment of judgment by instalment.................................................................................................. 239 Report to Registrar of judgment or conviction.................................................................................. 240 Abstract of record.............................................................................................................................. 241 Return of license and permit and plates............................................................................................ 242 Transfer of suspended permit or registration..................................................................................... 243 Period of maintaining proof.............................................................................................................. 244 Cancellation of bond or return of security......................................................................................... 245 Motor vehicle liability policy and certificate.................................................................................... 246 Demerit Rating Driver record..................................................................................................................................... 247 Liability of Owner Hit and run claim............................................................................................................................... 256 Identifying person in charge of vehicle............................................................................................. 258 Liability of owner and driver............................................................................................................. 259 Operation in illegal manner or when illegally equipped................................................................... 260 PART VII Procedure Arrest without warrant....................................................................................................................... 261 Regulations respecting voluntary penalty......................................................................................... 262 Prior conviction................................................................................................................................. 263 Evidence............................................................................................................................................ 264 Facsimile signature............................................................................................................................ 265 Notice of conviction or appeal to Registrar....................................................................................... 266 Penalties and imprisonment............................................................................................................... 267 Collection and disposition of penalty................................................................................................ 268 Default of payment of fine or costs................................................................................................... 269 Misconduct by court official............................................................................................................. 270 Certificate of reversal upon appeal.................................................................................................... 271 Liens, Seizures and Sales Lien on vehicle for fine and costs..................................................................................................... 272 Seizure of vehicle involved in offence.............................................................................................. 273 Seizure of vehicle involved in racing or betting................................................................................ 273A Seizure of vehicle upon third offence................................................................................................ 274 Lien on seized vehicle....................................................................................................................... 275 Disclosure of registered owner.......................................................................................................... 275A Sale of vehicle by tender or public auction....................................................................................... 276 Cancellation of Registration and Revocation of Permit or License Cancellation or revocation by Minister............................................................................................. 277 Revocation upon conviction.............................................................................................................. 278 Maintenance enforcement................................................................................................................. 278A 16, 17 and 18 year olds...................................................................................................................... 278B Immediate suspension by Registrar................................................................................................... 278C Review of suspension........................................................................................................................ 278D Opinion of Medical Advisory Committee or Committee member.................................................... 278E
8 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Appeal of certain orders made pursuant to Section 279.................................................................... 278F Immediate suspension or revocation by Registrar............................................................................. 279 Suspension of licence by peace officer..............................................................................................279A Review of suspension........................................................................................................................279B Appeal of decision made pursuant to Section 279B....................................................................... 279BA Surrender and suspension of license............................................................................................... 279C Report that child present at time of alleged offence....................................................................... 279D Notice of review............................................................................................................................. 279E Participation in review.................................................................................................................... 279F Conduct of review........................................................................................................................... 279G Decision.......................................................................................................................................... 279H Twenty-four hour suspension.......................................................................................................... 279I Demand where suspected drug impairment.................................................................................... 279J Order of suspension where suspected drug impairment................................................................. 279K Demand of novice driver where suspected drug impairment......................................................... 279KA Twenty-four hour suspension of novice driver.................................................................................. 279L Purpose of suspension........................................................................................................................279M Suspension may not be appealed....................................................................................................... 279N Request for information and re-examination..................................................................................... 280 Ignition interlock program................................................................................................................. 280A Cancellation of registration or permit by Registrar........................................................................... 281 Suspension or revocation where misleading information..................................................................281A Record of convictions and point system............................................................................................ 282 Newly licensed driver........................................................................................................................ 283 Conditional license............................................................................................................................ 284 Suspension of license by court.......................................................................................................... 285 Evidence of cancellation, suspension or revocation.......................................................................... 286 Operating if cancelled, suspended or revoked................................................................................... 287 Return of plates, etc. upon suspension or revocation........................................................................ 289 Return of plates, etc. upon request..................................................................................................... 290 Approval of Minister for re-registration or re-issue.......................................................................... 291 Impounding of Vehicle Detention by peace officer and impounding by Registrar................................................................. 291A Appeal................................................................................................................................................291B Appeal respecting commercial vehicle or trailer............................................................................... 291C Regulations........................................................................................................................................291D Penalties Category A offences........................................................................................................................... 292 Category B offences........................................................................................................................... 293 Category C offences........................................................................................................................... 294 Category D offences.......................................................................................................................... 295 Category E offences........................................................................................................................... 296 Category F offences........................................................................................................................... 297 Category G offences.......................................................................................................................... 298 Category H offences.......................................................................................................................... 299 Category I offences............................................................................................................................299A Category K offence......................................................................................................................... 299AA Default of payment............................................................................................................................ 299B Penalty for failure to produce permit or license................................................................................ 300 Double fine in school area or temporary work area..........................................................................300A General False statement or information.......................................................................................................... 301 Fees.................................................................................................................................................... 302 Regulations respecting commercial vehicles..................................................................................... 303 Interpretation of Sections 303B to 303J............................................................................................303A Application of Sections 303C to 303J............................................................................................... 303B Record of commercial drivers and carriers........................................................................................ 303C Records to be kept by carrier............................................................................................................. 303D Duty of driver of commercial vehicle and carrier............................................................................. 303E Grounds for suspension or cancellation............................................................................................. 303F Regulations........................................................................................................................................303G
R. S., c. 293 motor vehicle 9 NOVEMBER 9, 2023Offence and penalty........................................................................................................................... 303H Power to declare reciprocating jurisdictions..................................................................................... 303I Preservation of existing law.............................................................................................................. 303J Regulations respecting personal transporters.................................................................................... 303K Regulations respecting electric kick-scooters................................................................................... 303L General rules and regulations............................................................................................................ 304 Regulation and licensing by municipal by-law................................................................................. 305 Vehicle noise by-laws........................................................................................................................ 305A By-laws respecting electric kick-scooters......................................................................................... 305B Restriction on municipal regulation of vehicles................................................................................ 306 Regulations authorizing projects....................................................................................................... 307 Schedule __________ Short title 1 This Act may be cited as the Motor V ehicle Act. R. S., c. 293, s. 1. INTERPRETATION Interpretation 2 In this Act, (a) “accessible taxicab” means a vehicle with a seating capacity of eight passengers or less, excluding the driver, designed and manufactured, or converted, for the purpose of transporting for compensation passengers with physical disabilities, providing ease of entry to and egress from the vehicle in a safe and dignified manner by means of an on-board lift or ramp, and conforming to all sections of Canadian Standard Association D409: Motor Vehicles for the Transportation of Persons with Physical Disabilities ; (aaa) “all terrain vehicle” means a wheeled or tracked vehicle designed for the transportation of persons, property or equipment exclu-sively on marshland, open country or other unprepared surfaces, but does not include a snow vehicle; (aaaa) “approved container” means an approved container as defined in section 320. 11 of the Criminal Code (Canada); (aaab) “approved drug screening equipment” means approved drug screening equipment as defined in section 320. 11 of the Criminal Code (Canada); (aab) “approved instrument” means an approved instrument as defined in section 320. 11 of the Criminal Code (Canada); (aac) “approved screening device” means an approved screening device as defined in section 320. 11 of the Criminal Code (Canada); (b) “authorized insurer” means an insurance company lawfully authorized or permitted to carry on its business in the Province; (baa) “automated flagger assistance device” means a self-contained, portable traffic control signal, conforming to the specifications in the latest edition of the Nova Scotia Temporary Workplace Traffic Control Manual,
10 motor vehicle R. S., c. 293 NOVEMBER 9, 2023used by a traffic control person to control alternating traffic at a temporary work area; (c) “bicycle” means (i) a vehicle propelled by human power upon which or in which a person may ride and that has two tandem wheels either of which is 350 millimetres or more in diameter or that has four wheels any two of which are 350 millimetres or more in diameter but does not include a wheelchair, or (ii) a vehicle propelled by human and mechanical power that is fitted with pedals that are operable at all times to propel the bicycle, that has the same wheel requirements as set out in sub-clause (i) and that has an attached motor driven by electricity not producing more than 500 watts or with a piston displacement of not more than 50 cubic centimetres and is incapable of providing further assistance when the vehicle attains a speed of thirty kilometres per hour on level ground; NOTE-There is no clause between clauses (c) and (cb). Clause (ca) follows immediately after clause (bz). (cb) “bicycle lane” means a marked lane on a roadway designated by a traffic sign for the use by bicyclists; (cc) not proclaimed in force (cd) “Bridges patrol officer” means a person employed as a patrol officer with the Halifax-Dartmouth Bridge Commission and appointed as a special constable pursuant to the Police Act to enforce this Act and the by-laws of the Halifax-Dartmouth Bridge Commission on the Bridges as defined in the Halifax-Dartmouth Bridge Commission Act, when acting in the course of that employment; (d) “bus” means a motor vehicle operated by or on behalf of a person carrying on upon a highway the business of a public carrier of pas-sengers for compensation and includes any motor vehicle when used for such purpose that the Department shall determine; (e) “business district” means a territory contiguous to a highway upon which fifty per cent or more of the frontage for a distance of not less than 100 metres is occupied by business premises and includes a section of a highway so designated by the traffic authority by the erection of appropriate signs; (f) “certificate” means a certificate issued by the Minister, the Registrar or the Department and includes a certificate of registration; (g) “commercial motor vehicle” means a motor vehicle having attached thereto a truck or delivery body and includes an ambulance, hearse, casket wagon, fire apparatus, police patrol, motor bus, and other motor vehi-cles used for the transportation of goods;
R. S., c. 293 motor vehicle 11 NOVEMBER 9, 2023(ga) “crossing guard” means a person appointed by a regional municipality, town or municipality of a county or district and employed to direct the movement of children along or across highways going to or from school while so employed; (h) “crosswalk” means that portion of a roadway ordinarily included within the prolongation or connection of curb lines and property lines at intersections or any other portion of a roadway clearly indicated for pedestrian crossing by lines or other markings on the surface; (ha) “cyclist” means a person operating a bicycle; (i) “danger zone” means an area or space upon a highway which is so marked or indicated under the provisions of this Act by the proper signs plainly visible; (j) “dealer” means a person who carries on or conducts, either for the whole or part of his time, the business of buying, selling or dealing in motor vehicles, trailers or semi-trailers; (k) “Department” means the Department of Public Works acting directly or through its duly authorized officers and agents; (l) “driver” means a person driving or in charge of a vehicle and includes the operator of a motor vehicle; (m) “driver's license” means a license issued under this Act to drive a motor vehicle upon the highway; (ma) “drug recognition evaluation” means an evaluation, test or analysis in relation to drugs conducted in accordance with section 320. 28 of the Criminal Code (Canada) and the regulations; (mb) “electric kick-scooter” means a vehicle that is operated in a standing position and has (i) two wheels placed along the same longitudinal axis, a steerable wheel placed at the front of the vehicle and non-steerable wheel at the rear, (ii) wheels with a diameter of not less than one hundred and eighty-five millimetres and not greater than four hundred and thirty millimetres, (iii) a platform for standing between the two wheels, (iv) a steering handlebar that acts directly on the steerable wheel, and (v) an electric motor not exceeding five hundred watts that provides a maximum speed of thirty-two kilometres per hour; (n) “essential parts” means all integral parts and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle;
12 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(o) “examiner” means a person appointed by the Minister to examine into and pass upon the qualifications of a person applying for a driver's license; (p) “farm tractor” means a motor vehicle designed and used pri-marily as a farm implement for drawing plows, mowing machines and other implements of husbandry and not so constructed as to carry a load other than a part of the weight of a vehicle and load drawn by it, and includes such a motor vehicle equipped front or rear with attachments designed and used for agricultural purposes, loaded or without a load; (pa) “farm wagon” means a trailer equipped with two axle groups of which the front axle group is steerable and designed and used to carry farm products or farm supplies; (q) “fictitious number plate” means a number plate not furnished and issued by the Department or not furnished and issued for the current reg-istration year, or which is attached to a vehicle other than that for which it was issued by the Department but does not include number plates on foreign vehicles lawfully operated in the Province or number plates issued to an owner of a vehicle and being used on a vehicle within thirty days of purchase of that vehicle; (r) “foreign vehicle” means a motor vehicle, trailer or semi-trailer which is brought into the Province otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been reg-istered in the Province; (s) “garage” means a place or premises where motor vehicles are received for housing, storage or repairs for compensation; (t) “hack” means a horse-drawn vehicle used to transport passen-gers for compensation; (u) “highway” means (i) a public highway, street, lane, road, alley, park, beach or place including the bridges thereon, and (ii) private property that is designed to be and is accessible to the general public for the operation of a motor vehicle; (ua) “implement of husbandry” means a vehicle, with or without motive power, that is designed and used for agricultural purposes, and includes (i) farm machinery, (ii) a farm wagon, (iii) a trailer when towed by a farm tractor or when towed unloaded by any other motor vehicle to or from a farm equipment dealer or repair facility or to or from a field or farm, and (iv) a farm tractor;
R. S., c. 293 motor vehicle 13 NOVEMBER 9, 2023(v) “intersection” means the area embraced within the prolonga-tion or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one highway crosses the other; (w) repealed 1994, c. 24, s. 1. (x) “licensed dealer” means a dealer licensed under this Act; (y) “licensed garage” means a garage licensed under this Act; (ya) “licensed learner” means a person who has been issued a driver's license of the following classes as set out in regulations made pursu-ant to Section 66: (i) class 6, when operating a motor vehicle other than a motorcycle or farm tractor, (ii) class 7, when operating a motor vehicle other than a farm tractor, (iii) class 8, when operating a motor vehicle other than a farm tractor if the person is at least sixteen years of age; (z) “local authority” means a council of a city or town; (aa) “metal tires” means tires the surface of which in contact with the highway is wholly or partly of metal or other hard, non-resilient material; (ab) “Minister” means the Minister of Public Works; (aba) “mobile-communication support employee” means a person employed with the Department of Service Nova Scotia with employment duties that include providing mobile-radio communication equipment and support to assist first responders, when acting in the course of that employ-ment; (ac) “motorcycle” means a motor vehicle having (i) a design to travel on not more than three wheels in con-tact with the ground, (ii) a seat height unladen greater than 700 millimetres above the level surface on which the motor vehicle stands, (iii) a wheel-rim diameter greater than 250 millimetres, (iv) a wheelbase greater than 1 metre, and (v) a capability of maintaining a speed of seventy kilo-metres per hour when laden; (ad) “motor vehicle” means a vehicle, as herein defined, which is propelled or driven otherwise than by muscular power and does not include a bicycle, personal transporter or an electric kick-scooter;
14 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(ada) “newly licensed driver” means a person who holds a driver's license issued pursuant to this Act that authorizes the person to operate a motor vehicle subject to the conditions set out in subsection (5) of Section 70A; (ae) “non-resident” means a person who is not a resident of the Province; (aea) “novice driver” means a person who has the status of a novice driver under Section 70C; (af) “number plate” includes any proof of registration issued by the Department and required to be affixed to a motor vehicle or trailer; (afa) “nurse practitioner” means a registered nurse as defined in the Registered Nurses Act, whose name appears on the nurse practitioner roster pursuant to the regulations made under that Act and whose registration is not suspended or revoked; (afb) “occupational therapist” means a person licensed to practise occupational therapy under the Occupational Therapists Act and whose licence is not suspended or revoked; (ag) “official traffic signals” means signals not inconsistent with this Act, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing, warning or regulating traffic; (ah) “official traffic signs” means signs, markings and devices, other than signals, not inconsistent with this Act, placed or erected by authority of a public body or official having jurisdiction, for the purpose of guiding, directing, warning or regulating traffic; (ai) “one-way street” means a highway designated and marked by the Department or traffic authority upon which vehicles may be operated in one direction only; (aj) “operator” means a person driving a motor vehicle on the highway or who has the care or control of the motor vehicle on a highway whether in motion or not; (ak) “optometrist” means a person licensed to practise optometry under the Optometry Act and whose licence is not suspended or revoked; (al) “owner's permit” means a permit issued to a registered owner of a motor vehicle; (am) “parking” means the standing of a vehicle whether occupied or not, upon a roadway, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to traffic regulations or traffic signs or signals; (an) “peace officer” includes a police officer as herein defined; (ao) “pedestrian” means a person afoot and includes a person in a wheelchair and a person riding on a motorized cart designed for and being used to transport golfers and equipment over a golf course while travelling
R. S., c. 293 motor vehicle 15 NOVEMBER 9, 2023from one part of it to another in a crosswalk marked for the purpose on the roadway and approved by a traffic authority appointed pursuant to this Act; (aoa) “pedestrian-activated beacon” means a flashing amber light activated by a pedestrian to indicate to drivers of vehicles on a roadway that the pedestrian is crossing, or waiting or about to cross, the roadway; (ap) “permit” means a permit issued under this Act; (aq) “person” includes a body corporate or politic, and party; (aqa) “personal transporter” means a self-balancing electric vehicle with two side-by-side wheels and designed for the personal transportation of a single person and, for greater certainty, includes a Segway; (aqb) “physical coordination test” means a physical coordination test in accordance with clause (a) of subsection (1) of section 320. 27 of the Criminal Code (Canada); (ar) “pneumatic tires” means tires inflated with compressed air; (as) “pole trailer” means a vehicle without motive power that is designed to be drawn by another vehicle and to be attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle and is ordinarily used for transporting poles, pipes, structural members or other long or irregularly shaped loads which are capable of sustaining themselves as beams between the supporting connec-tions; (at) “police” or “police officer” means a member of the Royal Canadian Mounted Police, a police officer appointed by a city, town or municipality, a police officer appointed by the Attorney General, or a motor vehicle inspector; (au) “private road or driveway” means a road or driveway not open to the use of the public for purposes of vehicular traffic; (av) “proof of financial responsibility” means a certificate of insur-ance or certificate of the Superintendent of Insurance for the Province given pursuant to Section 236; (aw) “provincial highway” means a highway outside the limits of a city or incorporated town; (awa) “public-safety officer” means (i) a Bridges patrol officer, (ii) a mobile-communication support employee, (iii) a sheriff, or (iv) a person in a class of persons prescribed by the regula-tions; (awb) “public-safety vehicle” means a vehicle operated by a public-safety officer;
16 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(awba) “qualified medical practitioner” means a medical practitioner as defined in the Medical Act ; (ax) “reconstructed vehicle” means a vehicle assembled or con-structed largely by means of new or used essential parts, derived from other vehicles or which, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of new or used essential parts, derived from other vehicles; (ay) “registered owner” means a person in whose name a vehicle is registered under this Act; (aya) “registered psychologist” means a person whose name is on the Register of Psychologists established under the Psychologists Act and whose registration is not suspended or cancelled; (az) “registered weight” means the weight in kilograms stated upon the permit for a vehicle; (ba) “Registrar” means the Registrar of Motor Vehicles, appointed under this Act and includes the Deputy Registrar of Motor Vehicles appointed under this Act; (bb) “registration year” means the calendar year unless the Minis-ter otherwise determines or the period ending on the date specified when the vehicle is registered under the staggered system of vehicle registration; (bc) “residence district” means the territory contiguous to a high-way not comprising a business district when the frontage on the highway for a distance of 100 metres or more is mainly occupied by dwellings or by dwellings and business premises and includes any section of a highway so designated by the traffic authority by the erection of appropriate signs; (bd) “resident” includes a person who (i) for more than thirty days in any year is employed or engaged in any activity for gain in the Province, (ii) is attending school or college in the Province, (iii) is in the Province and whose children attend school in the Province, (iv) lives in the Province for more than ninety days in any year; (be) “right of way” means the privilege of the immediate use of the highway; (bf) “road tractor” means a motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn; (bg) “roadway” means that portion of a street or highway between the regularly established curb lines or that part improved and intended to be used for vehicular travel;
R. S., c. 293 motor vehicle 17 NOVEMBER 9, 2023(bh) “safety zone” means the area or space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone; (bi) “school bus” means a school bus as defined in the Motor Carrier Act and includes a school bus marked or designated as such as pro-vided by regulation; (bj) “semi-trailer” means a vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle; (bk) “serial number” includes an identification number assigned to or placed on a vehicle by its manufacturer as a manufacturer's number and vehicle number; (bka) “sheriff” means a person employed as a sheriff with the Department of Justice with employment duties that include transporting pris-oners, providing court security and serving civil processes, when acting in the course of that employment; (bl) “sidewalk” means that portion of a highway between the curb line and the adjacent property line or any part of a highway especially set aside for pedestrian travel and separated from the roadway; (bm) “solid rubber tire” means a tire made of rubber other than a pneumatic tire; (bn) “specially constructed vehicle” means a vehicle which was not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles; (bo) “state” means any state in the United States of America and includes the District of Columbia; (bp) “street car” means every device propelled by electricity travel-ling exclusively upon rails when upon or crossing a street; (bpa) “supervising driver” means a person who (i) meets the qualifications to act as a supervising driver set out in subsection (1) of Section 69A, and (ii) has agreed to supervise a licensed learner or a newly licensed driver who is driving a motor vehicle; (bq) “taxicab” means a motor vehicle other than a bus used to transport passengers for compensation; (br) “temporary number” means a number issued by the Depart-ment under this Act to be used temporarily until replaced by a permanent number issued in accordance with this Act; (bra) “temporary workplace signer” means a person qualified and accredited by the Provincial Traffic Authority to assess conditions and pre-
18 motor vehicle R. S., c. 293 NOVEMBER 9, 2023pare, implement and review traffic control plans within an area designated as a temporary workplace for the purpose of construction, maintenance or util-ity operation; (bs) “traffic” includes pedestrians, herded animals, vehicles, street cars and other conveyances either singly or together while using any street for purposes of travel; (bsa) “traffic control person” means a person qualified and accred-ited by the Provincial Traffic Authority to direct the movement of traffic along or across a highway within an area designated as a temporary work area for the purpose of construction, maintenance or utility operation; (bt) “traffic control signal” means a device whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed; (bu) “trailer” means a vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle and includes self-contained commercial units, such as com-pressors, generators, welders or other utility equipment or farm machinery, designed to be drawn by a motor vehicle; (bua) “transit bus” means a motor vehicle operated by or subsidized by a municipality or a regional transit authority; (bv) “Treasurer” means the Minister of Finance and Treasury Board; (bw) “trolley coach” means a motor vehicle operated with electric-ity as the motive power through contact with overhead wires; (bx) “truck” includes a motor vehicle designed, used or maintained primarily for the transportation of goods, materials or property; (by) “truck tractor” means a motor vehicle designed and used pri-marily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn; (bz) “used vehicle” means a motor vehicle which has been sold, bargained, exchanged, or given away or of which title has been transferred from the person who first acquired it from the manufacturer or importer, dealer or agent of the manufacturer or importer, and so used as to have become what is commonly known as “second-hand” within the ordinary meaning thereof; (ca) “vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting a motorized wheelchair and devices moved by human power or used exclusively upon stationary rails or tracks. R. S., c. 293, s. 2; 1994, c. 24, s. 1; 1994-95, c. 12, s. 1; 1995-96, c. 23, s. 1; 2001, c. 12, s. 2; 2002, c. 20, s. 1; 2004, c. 42, s. 1; 2006, c. 35, s. 1; 2007, c. 45, s. 1; 2008, c. 21, s. 1; 2010, c. 59, s. 1; 2011, c. 35, s. 10; O. I. C. 2013-348; 2014, c. 20, s. 1; 2014, c. 53, s. 1; 2015, c. 45, s. 1; 2015, c. 46, s. 1; 2018, c. 3, s. 46; O. I. C. 2019-149; O. I. C. 2021-209; 2022, c. 21, s. 1; O. I. C. 2023-148; 2023, c. 20, s. 1; revision corrected.
R. S., c. 293 motor vehicle 19 NOVEMBER 9, 2023Owner of vehicle 2A (1) Subject to subsections (2) and (3), in this Act, “owner” of a vehicle means (a) where a permit is issued for the vehicle, the person who holds the permit for the vehicle; or (b) where no permit is issued for the vehicle, the person who holds the certificate of registration for the vehicle. (2) Where this Act or the regulations requires that the owner of a vehicle be notified that the vehicle may be sold under the authority of this Act, “owner” means any person who holds a permit for the vehicle and any person who holds a certificate of registration for the vehicle. (3) In this Act, where no permit and no certificate of registration have been issued for a vehicle or for the purpose of obtaining a certificate of regis-tration for a vehicle, the owner of the vehicle is any person who, alone or jointly with one or more others, has the right to transfer property in the vehicle. (4) For greater certainty, where a person who is the owner of a vehicle enters into an agreement under which the person transfers an interest in the vehicle to a creditor to secure payment or performance of an obligation, the person transferring the interest rather than the creditor is the owner of the vehicle. 2011, c. 35, s. 11. Registrar of Motor Vehicles 3 The Minister shall appoint a person to be Registrar of Motor Vehicles for the Province, who shall perform such duties as are prescribed by this Act, and the Registrar shall receive such remuneration as is determined in accordance with the Civil Service Act. R. S., c. 293, s. 3. Deputy Registrar of Motor Vehicles 4 (1) The Minister may appoint a person in the public service to be Deputy Registrar of Motor Vehicles who shall perform such functions and duties as are prescribed by the Minister. (2) In the absence or incapacity of the Registrar or when the office of Registrar is vacant, the Deputy Registrar shall perform the functions and duties and shall have the powers and authorities of the Registrar. (3) The Deputy Registrar may, upon the direction of the Minister or Registrar, perform the functions or duties or exercise the powers and authorities of the Registrar. R. S., c. 293, s. 4.
20 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Director of Highway Safety 5 (1) The Minister may appoint a person in the public service to be Director of Highway Safety who shall perform such functions and duties are con-ferred upon him by or under this Act or are prescribed by the Minister. (2) The Director of Highway Safety shall have and exercise the functions and powers of the Registrar under Sections 205, 227, 231, 232, 239, 264 and 280, clause (c) of Section 281 and Sections 282, 283, 284, 286, 289 and 290, and any certificate or document issued by the Director has the same force and effect for all purposes as if it had been signed or executed by the Registrar. R. S., c. 293, s. 5; revision corrected. Motor vehicle inspectors 6 (1) The Minister may appoint motor vehicle inspectors whose duty it shall be to enforce this Act. (2) An inspector shall be furnished with a certificate of appoint-ment and, on inspecting any document or vehicle, the inspector shall, if requested, produce the certificate of appointment. (3) The owner or person who has the charge, management or con-trol of any vehicle inspected pursuant to this Act shall give an inspector all reasona-ble assistance to enable the inspector to carry out the duties and functions of an inspector. (4) No person shall, while an inspector is exercising the powers or carrying out the duties and functions of an inspector, (a) fail to comply with any reasonable request of the inspector; (b) knowingly make false or misleading statements, either verbally or in writing, to the inspector; or (c) otherwise obstruct or hinder the inspector. R. S., c. 293, s. 6; 1996, c. 34, s. 1. Speedometer testers and engineers 7 (1) The Minister of Justice may appoint one or more qualified persons as testers of the speedometers on motor vehicles and of other devices used for or in connection with establishing the speed of vehicles. (2) In any prosecution under this Act, a certificate purporting to be issued by a tester appointed under subsection (1), bearing a date thereon not more than thirty days before or after the date of an alleged offence charged in the information or complaint, signed by the tester, and stating therein the results of a test of the speedometer on the motor vehicle or other device mentioned therein, is admissible in evidence as prima facie proof of the accuracy of the speedometer or other device as stated in the certificate on the date of the alleged offence in the information or complaint.
R. S., c. 293 motor vehicle 21 NOVEMBER 9, 2023(3) Where markings for the purpose of indicating distances are painted on a highway, a certificate purporting to be signed by an engineer employed by the Department and certifying the measured distance between such markings shall be admitted in evidence as prima facie proof of the facts stated therein without proof of the signature or official character of the person signing the certificate. R. S., c. 293, s. 7; R. S., c. 376, s. 4; O. I. C. 93-352. 7A not proclaimed in force Medical Advisory Committee 7B (1) There shall be a Medical Advisory Committee composed of such medical doctors, optometrists, psychologists and other licensed healthcare pro-fessionals appointed by the Minister as the Minister considers necessary for the functions and duties assigned to the Committee pursuant to this Act. (2) The Minister may (a) set the term of appointment; and (b) determine the remuneration, of the members of the Medical Advisory Committee. (3) The Medical Advisory Committee shall perform the duties and functions assigned to it by this Act. (4) The Medical Advisory Committee or a member of the Com-mittee shall, when requested by the Registrar, provide any information, recommen-dations and opinions required by the Registrar for the purpose of this Act. (5) Subject to subsection (6), no person shall disclose (a) any information related to a request that is referred to the Medical Advisory Committee by the Registrar; or (b) any information, recommendations or opinions pro-vided to the Registrar by the Committee. (6) A person may disclose information described in subsection (5) if the disclosure is required to (a) administer this Act or the regulations; or (b) carry out a responsibility imposed or exercise a power conferred by this Act or the regulations. 2011, c. 67, s. 1. Motor Vehicle Appeal Board 7C (1) There shall be a Motor Vehicle Appeal Board composed of three or more persons appointed by the Minister. (2) The Minister may
22 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(a) set the term of appointment; and (b) determine the remuneration, of the members of the Motor Vehicle Appeal Board. (3) The Minister may designate a member of the Motor Vehicle Appeal Board as Chair. (4) The Motor Vehicle Appeal Board shall perform the duties and functions assigned to it by this Act. (5) The Motor Vehicle Appeal Board shall hear appeals with respect to (a) decisions by the Registrar, pursuant to subsection (2) of Section 279, to suspend or revoke a driver's license or privilege of obtaining a driver's license suspended pursuant to clause (a), (b), (d), (e) or (f) of subsection (1) of Section 279; (b) decisions by the Registrar pursuant to Section 279B to sustain orders of suspension issued pursuant to Section 279A; or (c) orders to impound motor vehicles issued by the Regis-trar pursuant to Section 291A. (6) The Motor Vehicle Appeal Board is not required to hold an oral hearing unless the appellant requests an oral hearing at the time of filing the appeal and pays the fee prescribed by the regulations. (7) An appeal to the Motor Vehicle Appeal Board may be con-ducted in writing or, at the request of the appellant, may be conducted in person. (8) Where an appeal to the Motor Vehicle Appeal Board is con-ducted in person, the hearing must be conducted in camera and may be attended by (a) the appellant and the appellant's representative, if any; and (b) any person granted permission by the Board to attend. (9) No person other than the appellant or the appellant's repre-sentative shall publicly disclose (a) any information concerning the appellant that is referred to or heard by the Motor Vehicle Appeal Board for the pur-pose of the appeal; or (b) the appeal decision of the Board. (10) A decision of the Motor Vehicle Appeal Board is final and not subject to any further appeal or review.
R. S., c. 293 motor vehicle 23 NOVEMBER 9, 2023(11) The Minister may make regulations respecting appeals to the Motor Vehicle Appeal Board, including regulations (a) prescribing the form and manner of filing an appeal; (b) prescribing the fees for filing an appeal; (c) prescribing the manner or place for conducting an appeal; (d) respecting requirements for evidence provided for an appeal; (e) setting the quorum for the Board; (f) respecting the form of appeal decisions; and (g) respecting such other matters as are necessary for the administration of appeals. (12) The exercise of the authority contained in subsection (11) is regulations within the meaning of the Regulations Act. 2011, c. 67, s. 1. Division of Act 8 It is hereby expressly declared that the division of this Act into Parts is for convenience only. R. S., c. 293, s. 8. Certain exemptions for trolley coaches 9 Sections 47, 48, 108, clause (d) of Section 143, subsection (6) of Sec-tion 189, Sections 250 to 254 and Sections 273 to 276 do not apply to any motor vehicle that is a trolley coach. R. S., c. 293, s. 9. PART I REGISTRATION OF VEHICLES Classification of vehicles 10 (1) Subject to the approval of the Governor in Council, the Minis-ter may make regulations dividing vehicles into various classes, prescribing condi-tions governing the registration and operation of each class, providing for the number of number plates to be affixed to each vehicle in each class, providing for the location of the number plates to be affixed to each vehicle in each class and pro-viding penalties for violation of such regulations. (2) Such regulations upon publication in the Royal Gazette shall have the same force and effect as if the regulations were contained in this Act. R. S., c. 293, s. 10.
24 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Prohibited vehicles 11 The Department shall not register, and no person shall operate on a highway, a miniature motor vehicle, an all terrain vehicle, an air-cushioned vehicle, a “go-kart”, a “mini-bike”, a motorized vehicle designed to be driven exclusively or chiefly on snow or ice or both, or any motorized vehicle of a like nature. R. S., c. 293, s. 11. Serial numbers 12 (1) The Department shall not register a new vehicle where the serial number of the vehicle indicates that it is of a different model year than the model year shown in the application for registration of the vehicle. (2) Notwithstanding subsection (1), where there is a serial num-ber for the chassis and the body of a vehicle indicating a different model year, the later year shall be shown as the model year for the vehicle. R. S., c. 293, s. 12; 1994-95, c. 12, s. 2. Registration by owner 13 (1) Every owner of a motor vehicle, trailer or semi-trailer intended to be operated upon a highway in the Province shall, before the same is so operated, apply to the Department for and obtain the registration thereof, except as provided in Sections 23(6), 26 and 30 or regulations made under Section 25. (2) Notwithstanding subsection (1), a non-resident who becomes a resident and who is the owner of a motor vehicle, trailer or semi-trailer that is licensed or registered in his home province or country may operate the same upon highways in the Province for a period of thirty days from the date upon which he became a resident of the Province or ninety days where residency is determined pur-suant to subclause (iv) of clause (bd) of Section 2. (2A) Notwithstanding subsections (1) and (2), a non-resident who becomes a resident and who is the owner of a motor vehicle, trailer or semi-trailer that is licensed or registered in the owner's home province or country may operate the same upon highways in the Province for six months for non-business purposes so long as the owner is a member of His Majesty's Canadian Forces within the Prov-ince on a temporary posting for training purposes, and for ninety days thereafter. (3) The Minister may make and enforce regulations providing that a vehicle may be operated upon the highways under a temporary permit issued by the Department or by a person so authorized by the Department. R. S., c. 293, s. 13; 2004, c. 42, s. 2; 2008, c. 61, s. 1. Application for registration 14 (1) Application for the registration of a vehicle required to be reg-istered hereunder shall be in such form as the Minister shall determine and shall be accompanied by such evidence as shall satisfy the Registrar that the applicant is the owner of the vehicle.
R. S., c. 293 motor vehicle 25 NOVEMBER 9, 2023(2) In the event that the vehicle, for which registration is applied, is a specially constructed, reconstructed or foreign vehicle, that fact shall be stated in the application, and with reference to every foreign vehicle which has been regis-tered theretofore outside of this Province, the owner shall exhibit to the Department the certificate of title or registration or other evidence of former registration as may be in the applicant's possession or control or such other evidence as will satisfy the Department that the applicant is the lawful owner of the vehicle. (3) No vehicle shall be registered in the name of a person under the age of sixteen years. (4) Where the vehicle for which registration is applied is a foreign vehicle, the Department may require the owner to surrender the certificate of title or registration, the number plates and any other evidence of former registration as may be in the owner's possession. R. S., c. 293, s. 14. Registration and appeal from refusal 15 Subject to this Act, the Department when satisfied as to the genuine-ness and regularity of an application, and that the applicant is entitled thereto, shall register the vehicle therein described and the owner thereof in suitable records under a distinctive registration number hereinafter referred to as the “registration number”, provided, however, that the Registrar may refuse or withhold registration of any vehicle and in case of such refusal or withholding an appeal may be taken to the Minister whose decision shall be final. R. S., c. 293, s. 15. Permit 16 (1) Subject to this Act, the Department upon registering a vehicle shall issue to the owner a permit which shall contain the registration number assigned to the owner, the name and address of the owner, a description of the regis-tered vehicle including the serial number thereof, such other particulars as may be required by the Department, and a statement that the operation of the vehicle is thereby authorized under this Act, and if the permit is subject to any special condi-tions authorized under this Act or under any regulations made pursuant to this Act, the permit shall also contain a brief statement of the conditions, and no person shall operate such a vehicle in violation of or contrary to any such special conditions. (2) Notwithstanding anything in this Act, a permit may be issued under subsection (1) in respect of a commercial motor vehicle for any period less than a registration year and defined by dates that the Governor in Council may approve, and such permit shall state upon the face thereof the date upon which it expires. (3) Notwithstanding subsection (1), the Department, upon regis-tering a vehicle, may issue to the owner an interim permit under the same terms and conditions as provided for a permit issued pursuant to subsection (1), which shall be valid until a vehicle registration permit is issued pursuant to subsection (1). R. S., c. 293, s. 16.
26 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Non-payment of tax 17 Upon receipt of a report from the Provincial Tax Commissioner that (a) a person, who has applied for registration of a vehicle required to be registered pursuant to this Act, has not paid the tax required to be paid pursuant to the Health Services Tax Act or the Gasoline and Diesel Oil Tax Act; or (b) a person, who holds a permit or registration issued pursuant to this Act, has not paid the tax required to be paid pursuant to the Health Services Tax Act or the Gasoline and Diesel Oil Tax Act in respect of a vehi-cle registered pursuant to this Act, the Registrar shall refuse the application for registration or suspend the permit and registration, as the case may be, until the Commissioner reports that the tax has been paid. R. S., c. 293, s. 17. Duty to carry permit 18 (1) Subject to subsections (2) and (3), an unexpired permit for a vehicle shall at all times while the vehicle is being operated upon a highway within this Province be in the possession of the driver thereof or carried in the vehicle and subject to inspection by any peace officer. (2) It shall not be necessary for an unexpired permit for a farm tractor to be in the possession of the driver thereof or carried in the farm tractor. (3) Where a vehicle is registered in another province of Canada or in a state, an unexpired proof of registration for the vehicle issued by that other province or that state shall at all times while the vehicle is being operated upon a highway within this Province be in the possession of the driver thereof or carried in the vehicle and subject to inspection by any peace officer and subsection (1) does not apply. R. S., c. 293, s. 18; 2004, c. 6, s. 21. Number plate 19 (1) The Department shall also furnish to every owner whose vehi-cle is registered the number of number plates assigned to the owner in the regula-tions. (2) Every number plate shall have displayed upon it the registra-tion number assigned to the owner and such other matter as the Minister may deter-mine. (3) The Registrar shall have authority to require the return to the Department by the owner, of all number plates and permits upon the termination of the lawful use thereof, under this Act, and the owner shall return the same forthwith to the Department when so requested. R. S., c. 293, s. 19.
R. S., c. 293 motor vehicle 27 NOVEMBER 9, 2023Display of number plate 20 (1) Number plates assigned to an owner and required to be attached to a vehicle shall be attached thereto and displayed as prescribed by the regulations. (2) Every number plate assigned to an owner and required to be attached to a vehicle shall at all times be securely fastened to the vehicle so as to prevent the plate from swinging and at a height not less than 300 millimetres from the ground, measuring from the bottom of the plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condi-tion to be clearly legible. R. S., c. 293, s. 20. Expiry and renewal of registration 21 (1) Every vehicle registration under this Act expires on the date specified or determined by regulation. (2) A vehicle registration under the staggered system of registra-tion expires on the date specified when the vehicle is registered. (3) A vehicle registration shall be renewed by the owner upon application and payment of the required fees. R. S., c. 293, s. 21; 1995-96, c. 22, s. 1. Extension of vehicle registrations 22 (1) Notwithstanding Section 21, the Governor in Council may from time to time by order declare that vehicle registrations under this Act shall not expire until a day named in the order. (2) When the Governor in Council makes an order pursuant to subsection (1) every permit and the number plates relating to a vehicle registration for that year that have not been renewed, suspended, revoked or cancelled or that have not expired through transfer of ownership shall be deemed to be valid until the day named in the order notwithstanding that an expiry date is stated in the permit or other document relating to the vehicle registration or on the number plates. (3) Where the provisions of this Act are in conflict with the provi-sions of this Section with respect to the current registration year, the provisions of this Section shall govern. R. S., c. 293, s. 22. Effect of vehicle transfer 23 (1) Whenever a vehicle as registered under the foregoing provi-sions of this Act is sold or disposed of any permit issued respecting the vehicle shall thereupon terminate and the registration of the vehicle shall be deemed to be sus-pended from the date of the sale or disposal until the transferee has obtained a per-mit as provided by subsection (5). (2) Notwithstanding subsection (1), whenever a vehicle is sold or disposed of the vehicle shall be deemed to be registered under the name of the new
28 motor vehicle R. S., c. 293 NOVEMBER 9, 2023purchaser or transferee providing there is displayed valid plates assigned to that per-son for a period not exceeding thirty days from the time of the sale or the disposi-tion. (3) Notwithstanding any sale, disposal or transfer of a vehicle, the number plates originally assigned to the seller are to be removed by him and main-tained until the expiry date of those number plates for re-assignment to a new vehi-cle he may purchase unless returned to or required to be returned by the Department. (4) When a vehicle registered pursuant to this Act is sold, the seller shall complete the notice of sale portion of the certificate of registration and immediately forward it to the Department. (5) In the event the Department does not receive the notice of sale portion of the certificate of registration properly endorsed, as provided in subsec-tion (4), the Department may register the vehicle provided it is satisfied as to the genuineness and regularity of the transfer. (6) In the event of the transfer by the operation of law of the title or interest of an owner in and to a vehicle by reason of the bankruptcy of the owner, execution sale, repossession upon default in performing the terms of a conditional sale agreement or otherwise, the registration thereof shall expire and the vehicle shall not be operated upon the highways until and unless the persons entitled thereto shall apply for and obtain the registration thereof, excepting that trustee or other rep-resentative of the owner or a sheriff or other officer repossessing the vehicle under the terms of a conditional sale contract, lease, chattel mortgage or other security or the assignee or other representative of such person may operate or cause to be oper-ated the vehicle upon the highways from the place of repossession or place where formerly kept by the owner to a garage, warehouse or other place of keeping or stor-age while displaying upon the vehicle the number plates issued to the former owner. (7) Immediately upon the death of a registered owner, the vehicle is deemed to be registered in the name of the estate of the deceased registered owner for a period of sixty days unless an application for other registration of the vehicle is sooner made. (7A) Where a registered owner dies intestate or dies leaving an estate that is not subject to a grant of probate, the Department may determine and recognize a person as the personal representative of the deceased registered owner, and the priorities prescribed by clauses (a) to (e) of subsection (1) of Section 32 of the Probate Act apply mutatis mutandis to the determination. (7B) Where the Department is unable to determine and recognize a personal representative of a deceased registered owner under subsection (7A), the Department may recognize as the personal representative of the deceased registered owner any person that the Department considers fit to act as the personal represent-ative.
R. S., c. 293 motor vehicle 29 NOVEMBER 9, 2023(7C) The personal representative of a deceased registered owner of a vehicle, as recognized by the Department under subsection (7A) or (7B), may apply to the Department for and obtain the registration of the vehicle. (8) Where no application for registration is sooner made, the vehicle of a deceased registered owner is deemed to be unregistered at the expira-tion of sixty days following his death and any number plates assigned to the deceased owner shall be returned to the Department. (9) Subsections (7), (7C) and (8) do not affect the title or interest of any person in the vehicle or the protection provided by the Insurance Act upon the death of an insured vehicle owner. (10) In any proceedings where the question arises as to whether the requirements of subsection (1) have been complied with, the burden of proof that the transferee has complied with the requirements of subsection (1) shall be upon the transferee. (11) When a vehicle registered under the Act is sold or disposed of or the title or interest of an owner in and to a vehicle is transferred by the operation of law and an application for the registration of the vehicle is made to the Depart-ment, the Registrar may refuse to register the vehicle unless the applicant files with the Department proof, in a form satisfactory to the Registrar, that any tax required to be paid under the Health Services Tax Act in respect of the vehicle has been paid. (12) No action or other proceeding for damages shall be instituted against the Registrar, any employee of the Department or His Majesty in Right of the Province for any act done in good faith in the execution or intended execution of a power or duty under this Section or for any alleged neglect or default in the execution in good faith of that power or duty. R. S., c. 293, s. 23; 1994-95, c. 12, s. 3; 2015, c. 45, s. 2. Notice of transfer by dealer 24 (1) Every dealer, upon transferring a motor vehicle, trailer or semi-trailer, whether by sale, lease or otherwise, to any person other than a dealer, shall immediately give written notice of the transfer to the Department upon the official form provided by the Department. (2) Every such notice shall contain the date of the transfer, the names and addresses of the transferor and transferee and such description of the vehicle as may be called for in the official form. (3) The Registrar may direct that the notice be given weekly, monthly or otherwise as he may determine. R. S., c. 293, s. 24. Exemption and inter-provincial trucking 25 (1) Subject to the approval of the Governor in Council, the Minis-ter may from time to time make regulations exempting from registration such vehi-
30 motor vehicle R. S., c. 293 NOVEMBER 9, 2023cles as he thinks proper and prescribing the restrictions, terms and conditions, if any, under which such vehicles shall be exempt. (2) Subject to the approval of the Governor in Council, the Minis-ter may from time to time make regulations providing for the implementation of a mileage prorated motor vehicle registration plan for inter-provincial trucking in accordance with agreements made with other jurisdictions. (3) Whenever the Minister has made regulations under subsec-tion (1) or (2) and any person claims exemption from registration thereunder, the burden of proof that such person is entitled to the exemption shall be upon the per-son so claiming the exemption. R. S., c. 293, s. 25. DEALERS' NUMBER PLATES Dealer number plate 26 (1) A dealer licensed under this Act, and such other persons as the Minister may determine owning or operating any vehicle upon any highway, in lieu of registering each vehicle may obtain from the Department upon application there-for upon the proper official form and payment of the fees required by law and attach to each vehicle one number plate which shall bear thereon a distinctive number, and such other matter as the Minister may determine, and plates so issued may, during the calendar year for which issued, be transferred from one such vehicle to another owned or operated by the dealer, who shall keep a written record of the vehicles upon which the dealer's number plates are used, which record shall be open to inspection by any peace officer or any officer or employee of the Department. (2) No dealer in motor vehicles, trailers, or semi-trailers shall cause or permit any such vehicle owned by such person or persons to be operated or moved upon a highway without there being displayed upon the vehicle a number plate or plates issued to such person, either under Section 19 or under this Section except as otherwise provided in Section 30 and subsection (3) of Section 13. (3) When first taking possession of a vehicle already registered under this Act, any dealer may, without registering the vehicle, operate or move, or cause to be operated or moved, any such vehicle upon a highway if there is in force in respect of the vehicle a valid certificate of registration and if the certificate has been assigned to the dealer and is in possession of the driver of the vehicle and there is displayed a valid dealer number plate assigned to that dealer. (4) Notwithstanding Section 20, a dealer or person using upon a vehicle a number plate issued under this Section shall attach the plate to the rear of the vehicle. R. S., c. 293, s. 26. Use of dealer number plate 27 (1) No person shall operate or move upon a highway a vehicle to which a dealer's number plate is attached when the vehicle is being used for the
R. S., c. 293 motor vehicle 31 NOVEMBER 9, 2023transportation of persons for gain or the transportation of goods or when the vehicle is being rented. (2) Notwithstanding subsection (1) but subject to all other provi-sions of this Act, a commercial vehicle to which a dealer's number plate is attached may be operated (a) for a period not exceeding one day with or without a load for demonstration purposes while the dealer or an agent or employee of the dealer is in the vehicle; or (b) for the period required to transport the vehicle with or without a load owned by the dealer from the manufacturer's premises to the dealer's premises or from the dealer's premises to the premises of his sub-dealer while the dealer or an agent or employee of the dealer is in the vehicle. (3) No dealer shall use any dealer's number plate issued to him upon any vehicle unless (a) the vehicle is a new vehicle and the dealer has filed with the Department a certificate, satisfactory to the Registrar, from the manufacturer of the vehicle or from a dealer not having an estab-lished place of business in this Province or from another dealer hav-ing authority to issue such a certificate in respect of a vehicle of that make, that the dealer has a franchise or sales contract authorizing him to sell vehicles of that make; (b) a certificate of registration has been issued in respect of the vehicle and the certificate of registration is in the name of the dealer or has been assigned to the dealer; or (c) the dealer can show that he has made application in his own name for a certificate of registration in respect of the vehicle. R. S., c. 293, s. 27. Dealer permit 28 (1) The Department shall issue a dealer's permit in respect to each dealer's number plate. (2) Every dealer's permit shall state thereon the number of one of the dealer's number plates and it shall be an offence for the driver or person in charge of a vehicle displaying a dealer's number plate to fail to produce, on the request of a peace officer, a dealer's permit bearing the same number as the number plate. (3) Every dealer's permit shall state thereon the number of the dealer's license, the number of the number plate and such other matter as the Minis-ter may determine and the permit and the plate to which it refers, when not in actual use upon a highway, shall be kept at the place of business for which the dealer's license was issued.
32 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(4) Where the Registrar is satisfied that a dealer's number plate is being used for purposes not related to the business of the dealer or person, the Reg-istrar may, by order, cancel the dealer's permit issued in respect of the dealer's num-ber plate and require the return of the dealer's number plate. R. S., c. 293, s. 28. Dealer number plate for transporting vehicles 29 (1) The Department may issue dealers' number plates to a person who is engaged in the business of transporting vehicles whether or not the person is a dealer licensed under this Act. (2) Dealers' number plates issued under subsection (1) may be attached to a vehicle that is being transported with or without load to a point of delivery within the Province. (3) The provisions of Section 28 and the other provisions of this Act shall apply in respect of each number plate except that, if the person is not a dealer licensed under this Act, the provisions relating to a dealer licensed under this Act shall not apply. (4) A dealer's permit issued in respect of a dealer's number plate issued under this Section shall, in addition to any matter required to be stated, state that the dealer's number plate may be used only while the vehicle is being trans-ported to a point of delivery within the Province. R. S., c. 293, s. 29. Temporary numbers and in-transit permits 30 (1) Notwithstanding the foregoing provisions of this Act in regard to the issuing and displaying of number plates, the Minister may authorize dealers and other persons designated by him, to issue temporary numbers in a form to be approved by him pending the issue of number plates and a permit as required by this Act, subject to such conditions as the Minister may cause to be stated on the tempo-rary numbers, the owner of any vehicle legally displaying temporary numbers shall be deemed to have complied with this Act in regard to the display of number plates and it shall be an offence for any person to fail to comply with any conditions stated on the temporary numbers. (2) The Minister may authorize dealers and other persons to issue in-transit permits in a form approved by the Minister and containing such conditions as the Minister prescribes. (3) Upon payment of the prescribed fee an in-transit permit may be issued in respect of a vehicle that is not registered or for which no permit or num-ber plates have been issued. (4) Notwithstanding any other provision of this Act, an in-transit permit authorizes the vehicle in respect of which it is issued to be operated or moved on a highway without load for a single trip from a place to another place named in the permit and in accordance with the conditions stated in or on the permit.
R. S., c. 293 motor vehicle 33 NOVEMBER 9, 2023(5) The person to whom an in-transit permit is issued shall dis-play it in the lower right hand corner of the windshield of the vehicle in respect of which it was issued and shall remove the permit and destroy it immediately after the vehicle has completed the trip for which the permit was issued. (6) It is an offence for a person to fail to observe or comply with any provision of this Section or with any provision or condition of an in-transit per-mit issued to him. R. S., c. 293, s. 30. Regulations respecting dealer number plates 31 Subject to this Act, the Minister may make regulations governing the withholding, refusal to issue, cancellation and use of dealer's number plates and may delegate to the Registrar such authority as he deems expedient and it shall be an offence against this Act for any person to violate any provision of those regulations. R. S., c. 293, s. 31. Regulations respecting dealers 32 (1) Subject to the approval of the Governor in Council, the Minis-ter may make regulations (a) defining or classifying dealers or determining who shall be a dealer for the purposes of this Act or the regulations; (b) prescribing or fixing the standards to be maintained by any dealer in respect of his premises, equipment, service or any of them; (c) governing the issuing, withholding and revocation of licenses for dealers or any class of dealers; (d) providing for the bonding of dealers and specifying the amount and terms and conditions of bonds; (e) for the more effective administration of this Act in relation to the buying, selling or dealing in motor vehicles, trailers or semi-trailers. (2) Any regulations made under the authority of this Section may be general in their application or may be made applicable to any class or classes of dealers. (3) It shall be an offence for any person to violate any provision of any such regulation. (4) Where the regulations made under the authority of this Section relate to a matter for which provision is made in this Act the regulations may provide that the particular Section or Sections of this Act shall not apply. R. S., c. 293, s. 32.
34 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Motor Vehicle Safety Act (Canada) standards 33 No person who deals in new vehicles shall sell or offer to sell a new vehicle that does not conform to standards required under the Motor Vehicle Safety Act (Canada). R. S., c. 293, s. 33. GENERAL PROVISIONS IN REGARD TO REGISTRATION AND NUMBER PLATES Responsibility respecting errors, custody, loss or damage 34 (1) Any owner or dealer who discovers an error in his permit or number plates shall return the permit or number plates to the Department within twenty-four hours of the discovery. (2) Every owner or dealer shall be responsible for the custody of the number plates issued to him for the current year and it shall be an offence for him to fail to immediately notify the Department when such number plates are no longer in his possession. (3) In the event that any number plate or permit issued hereunder is lost, mutilated or has become illegible, the person who is entitled thereto shall make immediate application for and obtain a duplicate or substitute therefor upon furnishing information of such fact satisfactory to the Department and upon pay-ment of the required fees. R. S., c. 293, s. 34. Finding or removal of number plate 35 (1) Any person who finds any number plate or number plates of any motor vehicle of the current year not issued to him shall immediately deliver them to the Registrar or to a peace officer and the peace officer may deliver the number plate or number plates to any person who he is satisfied is the owner of the motor vehicle for which the number plate or number plates were issued or shall, within twenty-four hours, notify the Registrar that he holds the number plate or number plates. (2) Any peace officer may remove any number plate or number plates from any motor vehicle when the motor vehicle is apparently abandoned or when the number plate or number plates have been or are being used illegally and shall forward them to the Registrar with a statement of the reason for the removal. R. S., c. 293, s. 35. Publication of description of plates and numbers 36 (1) The Minister may at any time publish in one or more issues of the Royal Gazette a brief description of the number plates and temporary numbers that will be or have been issued by him in respect of any registration year under this Act.
R. S., c. 293 motor vehicle 35 NOVEMBER 9, 2023(2) The production of a copy of the Royal Gazette containing such description shall be prima facie evidence of the matters stated in the descrip-tion. R. S., c. 293, s. 36. Offences respecting registration 37 (1) It shall be an offence against this Act for any person to com-mit any of the following acts: (a) to operate or for the owner thereof to permit the opera-tion upon a highway of any motor vehicle, trailer or semi-trailer which is not registered or which does not have attached thereto and displayed thereon the number plate or plates assigned to the owner by the Department for the current registration year, subject to Sections 26 and 30 and any regulation made under Section 25; (b) to display or cause or permit to be displayed or to have in possession any permit or registration number plate knowing same to have been cancelled, revoked or suspended; (c) subject to subsection (2) of Section 23, to display or cause or permit to be displayed upon a vehicle any registration num-ber plate issued in respect of another vehicle or not issued in respect of the vehicle upon which it is so displayed; (d) to lend or permit the use of, by one not entitled thereto, any permit or registration number plate issued to the person so lend-ing or permitting the use thereof; (e) to fail or refuse to surrender to the Department, upon demand, any permit or registration number plate which has been sus-pended, cancelled or revoked as in this Act provided; (f) to use a false or fictitious name or address in any appli-cation for the registration of any vehicle or for any renewal or dupli-cate thereof, or to make a false statement or to conceal a material fact in any such application; (g) to operate or have under his control or in his charge any motor vehicle on which motor vehicle there is displayed any fictitious number plate, or any number plate that is defaced or altered or any number plate other than as provided in this Act or in any regulations. (2) In this Section, “number plate” and “permit” include a number plate or permit issued in respect of a vehicle registered in another province of Can-ada or in a state. R. S., c. 293, s. 37; 2004, c. 6, s. 22. Identification or registration 38 (1) Notwithstanding any other provision of this Act, the Minister may, subject to the approval of the Governor in Council, make regulations prescribing (a) the means of identification or proof of registration to be attached to motor vehicles or trailers; and
36 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(b) the method by which and the manner in which the means of identification or proof of registration shall be attached to motor vehicles or trailers. (2) Every motor vehicle and every trailer while being driven on any highway shall have attached thereto such means of identification or proof of registration thereof as the Minister may prescribe. (3) The means of identification or proof of registration shall be attached by such method and in such manner as the Minister may from time to time prescribe. R. S., c. 293, s. 38. PART II ANTI-THEFT PROVISIONS Application of Sections 39 to 46 39 Sections 39 to 46 inclusive shall apply to every motor vehicle required to be registered with the Department under this Act except any vehicles owned by the Dominion Government or by the Province or any incorporated city or town and excepting also any traction engine or road roller. R. S., c. 293, s. 39. Conditions for registration or transfer and operation 40 (1) The Department shall not register a new vehicle or transfer the registration of any motor vehicle, unless and until the owner thereof shall make application for and be granted an official certificate of registration for the vehicle. (2) The owner of a motor vehicle registered in the Province shall not operate or permit the operation of the vehicle upon any highway without first obtaining a certificate of registration therefor from the Department nor shall any person operate a motor vehicle upon the highways knowing or having reason to believe that the owner has failed to obtain a certificate of registration therefor and any person violating this subsection shall be punished as provided in Section 293. R. S., c. 293, s. 40. Form of application for registration 41 (1) The application for a certificate of registration shall be made upon the appropriate form furnished or approved by the Department and shall con-tain a full description of the motor vehicle including the name of the maker, serial number and any distinguishing marks thereon and whether the vehicle is new or used, and the applicant shall also furnish evidence satisfactory to the Registrar that he is the owner of the motor vehicle and such other information as the Department may require. (2) Whenever a new motor vehicle is purchased from a dealer the application for a certificate of registration shall include a statement of transfer by the dealer.
R. S., c. 293 motor vehicle 37 NOVEMBER 9, 2023(3) Every person who makes a false statement in any application for a certificate of registration shall be guilty of an offence against this Act. R. S., c. 293, s. 41. Certificate of registration 42 (1) The Department when satisfied that the applicant is the owner of a vehicle, shall thereupon issue in the name of the owner a certificate of registra-tion bearing a serial number and the signature of the Registrar or other officer and the seal of the Department and setting forth the date issued and a description of the vehicle as determined by the Department, and the certificate of registration shall also contain, upon the reverse side, forms for assignment of the owner's interest in the motor vehicle. (2) The certificate shall be good for the life of the vehicle so long as the same is owned or held by the original holder of the certificate. (3) A certificate of registration shall not be issued to a person under the age of sixteen years. R. S., c. 293, s. 42; 1994-95, c. 12, s. 4. Transfer of vehicle 43 (1) The owner of a motor vehicle for which a certificate of regis-tration is required hereunder shall not sell or transfer his interest in or to the vehicle unless he has obtained a certificate of registration thereto nor unless having procured a certificate of registration he in every respect complies with the requirements of this Section and any person who violates this Section shall be guilty of an offence. (2) Whenever a certificate of registration has been issued in respect of a motor vehicle the owner who sells or transfers his interest in or to the motor vehicle shall execute an assignment of his interest in or to the motor vehicle in the form provided on the reverse side of the certificate of registration for the vehi-cle and the owner shall deliver the certificate of registration to the purchaser or transferee at the time of delivering the vehicle. (3) The transferee except as provided in subsection (4) shall there-upon present the certificate endorsed and assigned as aforesaid to the Department and make application for and obtain a new certificate of registration for the vehicle. (4) When the transferee of a vehicle is a dealer who holds the same for resale, or when the transferee does not drive the vehicle nor permit the vehicle to be driven upon the highways, the transferee shall not be required to for-ward the certificate of registration to the Department, as provided in subsection (3), but the transferee upon transferring his interest to another person shall execute an assignment of his interest upon the form provided on the reverse side of the certifi-cate of registration and deliver the same to the person to whom the transfer is made. (5) Whenever the ownership of any motor vehicle passes other-wise than by voluntary transfer, the new owner may obtain a certificate of registra-tion therefor from the Department upon application therefor and payment of the
38 motor vehicle R. S., c. 293 NOVEMBER 9, 2023prescribed fee accompanied by such evidence as shall satisfy the Registrar that the applicant is entitled to a certificate of registration, and the Registrar, when satisfied of the genuineness and regularity of the transfer, shall issue a new certificate of reg-istration to the person entitled thereto. (6) Every person who makes a false statement in an assignment of his interest in or to a motor vehicle shall be guilty of an offence against this Act. R. S., c. 293, s. 43. Refusal or cancellation of registration 44 (1) If the Registrar determines that an applicant for a certificate of registration of a motor vehicle is not entitled thereto, he may refuse to issue the cer-tificate or to register the vehicle, and in that event, unless the Registrar reverses his decision or his decision is reversed by the Minister, the applicant shall have no fur-ther right to apply for a certificate of registration or registration on the statements in the application, and the Registrar may for a like reason after notice and hearing can-cel a registration already acquired or revoke any outstanding certificate of registra-tion and the notice shall be served in person or by registered mail. (2) An appeal shall lie from any refusal of the Registrar to issue a certificate of registration or from any revocation of an outstanding certificate of reg-istration to the Minister whose decision shall be final. R. S., c. 293, s. 44. Loss of registration or permit 45 In the event of the loss of a certificate of registration or permit, the loss of which is accounted for to the satisfaction of the Department, a duplicate or substitute may be issued. R. S., c. 293, s. 45. Offence 46 Any person who alters any certificate of registration issued by the Department under this Act or who alters any assignment thereof, or who holds or uses any such certificate or assignment knowing the same to have been altered, or falsified, shall be guilty of an offence. R. S., c. 293, s. 46. Alteration of vehicle 47 (1) Until application therefor has been made to and permission for same has been granted by the Department, no person shall operate a motor vehi-cle after any of the following alterations have been made: (a) replacing the chassis by another; (b) replacing the body by another; (c) converting the type of the motor vehicle into another type.
R. S., c. 293 motor vehicle 39 NOVEMBER 9, 2023(2) When the replacing of the body or chassis of a motor vehicle includes the replacing of the part of the body or chassis bearing the manufacturer's serial number the application shall mention that fact. (3) No person shall drive or permit to be driven on a highway a motor vehicle manufactured, or modified after its manufacture, such that nitrous oxide may be delivered into the fuel mixture unless (a) the part of the fuel system that may connect to a canis-ter, bottle, tank or pressure vessel capable of containing nitrous oxide can be clearly seen by looking at the interior or exterior of the motor vehicle; (b) there is no canister, bottle, tank or pressure vessel con-nected to that part; and (c) either (i) where that part is located inside the passenger compartment, there is no canister, bottle, tank or pressure ves-sel capable of containing nitrous oxide in the passenger com-partment, or (ii) that part is completely disconnected from the part of the system that connects to the engine, (iii) the disconnection can be clearly seen by look-ing at the interior or exterior of the motor vehicle, and (iv) the disconnected part cannot be reconnected from inside the passenger compartment. R. S., c. 293, s. 47; 2007, c. 45, s. 4. Replacement of serial number 48 (1) When a vehicle has been altered or rebuilt and its serial num-ber has been removed or when no such number can be found on a vehicle, the Department may authorize that the original number be replaced or reproduced or may assign a special number for the vehicle. (2) When the Department assigns a special number to a vehicle the owner of the vehicle shall pay the Department a fee of two dollars and fifteen cents and shall stamp the number upon the vehicle as directed by the Department and, upon receipt by the Department of a certificate of a peace officer that he has inspected the vehicle and found the number stamped upon it as directed, the special number shall become the serial number of the vehicle. R. S., c. 293, s. 48; 2013, c. 3, s. 9; 2015, c. 6, s. 30.
40 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Offence 49 Except as provided in Section 48 any person who defaces, destroys or alters the serial number of a vehicle or places or stamps a serial number upon a vehi-cle shall be guilty of an offence. R. S., c. 293, s. 49. Serial number on bicycle or personal transporter 50 No person shall deface, destroy or alter the serial or identification number of a bicycle, an electric kick-scooter or a personal transporter. R. S., c. 293, s. 50; 2015, c. 46, s. 2; 2022, c. 21, s. 2. Vehicle with altered number or stolen vehicle 51 (1) No person shall, unless with the written permission of the Registrar, operate or have in his possession or buy, sell, wreck or otherwise deal with any motor vehicle, the serial number of which has been altered, removed or defaced or which shows evidence of any attempt to destroy any marks of identifica-tion on such motor vehicle. (2) Any official of the Department or any peace officer upon dis-covery of any motor vehicle, the serial number of which has been altered, removed or defaced, shall immediately take the motor vehicle into his custody in the name of the Department, and shall forward to the Registrar a complete report. (3) The Registrar shall have power to authorize the seizure of any motor vehicle, when in his judgment he has reason to believe that the motor vehicle has been stolen and to retain the same in the name of the Department until such time as the identity of ownership is established. (4) Whenever a motor vehicle is seized, impounded or taken into custody under this Section or whenever a stolen motor vehicle comes into the pos-session of the Registrar by seizure or otherwise, the burden of proof as to the owner-ship of the motor vehicle shall be upon any person who claims ownership, and, after ninety days from the date the motor vehicle was so taken into custody, and no per-son having established proof of ownership, the motor vehicle shall be deemed to be a stolen motor vehicle, and may be sold as provided in Section 276. (5) No official of the Department or peace officer shall be person-ally liable for any act done in the performance of his duty under this Section. R. S., c. 293, s. 51. Report of vehicle stolen or recovered 52 Every chief of police or peace officer of every jurisdiction, upon receiving information that a motor vehicle has been stolen or unlawfully taken or that a motor vehicle having been stolen or unlawfully taken has been recovered shall immediately report the information to the Department. R. S., c. 293, s. 52.
R. S., c. 293 motor vehicle 41 NOVEMBER 9, 2023PART III DEALERS' LICENSES Dealer license required 53 (1) No person shall carry on or conduct the business of buying, selling or dealing in motor vehicles, trailers or semi-trailers, either directly or through a sub-dealer or agent, unless he is licensed under this Act and unless he has complied with all the other provisions of this Act and of the regulations. (2) For the purposes of subsection (1), a person carries on or con-ducts the business of buying, selling or dealing in motor vehicles, trailers or semi-trailers who in any period of twelve consecutive months sells or trades more than four motor vehicles or more than four trailers or semi-trailers without the permis-sion in writing of the Registrar. (3) Application for a dealer's license shall be made on such form and shall contain such information as the Department may from time to time pre-scribe. (4) Every person who makes a false statement in an application to the Department for any such license shall be guilty of an offence and shall be liable to the penalty mentioned in Section 298. R. S., c. 293, s. 53; 2002, c. 10, s. 10. Issue and expiry of dealer license 54 (1) The Department upon receiving an application for a dealer's license accompanied by the proper fee may, if satisfied that the applicant is of good character and that he has complied with this Act and all the regulations, issue the license applied for, and every such license shall expire on December thirty-first in the year in which it is issued. (2) Any licensee before removing any one or more of his places of business or opening any additional place of business shall apply to the Depart-ment for and obtain a supplemental license. R. S., c. 293, s. 54. Form, validity and display of dealer license 55 Every dealer's license shall be in such form as the Minister deter-mines and shall be valid only in the county or counties for which it is issued, and every dealer shall apply for and obtain a separate license for each county in which he maintains an established place of business but may obtain a license in any county, whether the dealer maintains a place of business there or not, and the license shall be conspicuously posted up in the place of business for which it is issued. R. S., c. 293, s. 55. Dealer record and proof of ownership 56 (1) Every licensed dealer shall maintain a record in form as pre-scribed by the Department of every motor vehicle, trailer or semi-trailer bought,
42 motor vehicle R. S., c. 293 NOVEMBER 9, 2023sold or exchanged by the dealer or received or accepted by the dealer for sale or exchange which record shall contain a description of every said vehicle, including the name of the maker, type, serial number and other distinguishing marks and whether any numbers thereon have been defaced, destroyed, or changed and shall state with reference to each such vehicle the name and address of the person from whom purchased or received and when sold or otherwise disposed of by the dealer the name and address of the person to whom sold or delivered. (2) Every licensed dealer shall have in his possession and in his name a separate certificate of registration or an assignment thereof or other documentary evidence of interest in or to every motor vehicle in his possession. R. S., c. 293, s. 56. GARAGE LICENSES Regulations respecting garage license 57 Subject to the approval of the Governor in Council, the Minister may from time to time make such rules and regulations and prescribe such fees and pen-alties as he may deem necessary or expedient for the licensing and regulating of garages. R. S., c. 293, s. 57. Report by garage 58 Every garage keeper shall transmit to the Department within fourteen days on a form prescribed by the Department, a report of all second-hand or used motor vehicles bought, sold, wrecked or junked. R. S., c. 293, s. 58. Right of entry 59 Any official of the Department, any peace officer or any person authorized by the Registrar may enter into any place where motor vehicles that are expected to be driven on a public highway are stored for the purpose of inspecting the mechanical fitness of the motor vehicle. 1999, c. 11, s. 1. Regulations respecting dealer license 60 Subject to this Act, the Minister may make regulations governing the issuing, withholding and revocation of dealers' licenses, and the regulations may delegate to the Registrar such authority as the Minister may deem expedient and it shall be an offence to violate such regulations. R. S., c. 293, s. 60. FOR RENT CARS Record of rentals 61 (1) Every person engaged in the business of renting motor vehi-cles without drivers who rents a vehicle without a driver, otherwise than as part of a bona fide transaction involving the sale of the motor vehicle, shall maintain a record of the identity of the person to whom the vehicle is rented and the exact time the vehicle is the subject of the rental or in possession of the person renting and having the use of the vehicle and every such record shall be open to inspection by the Reg-
R. S., c. 293 motor vehicle 43 NOVEMBER 9, 2023istrar, an officer of the Royal Canadian Mounted Police, a chief of police, an inspec-tor of motor vehicles, or by any other person upon signed order of any such official, and it shall be an offence for any such owner to fail to make or have in his posses-sion or to refuse an inspection of the record as required in this Section. (2) If the Registrar prescribes a form for the keeping of the record provided for in this Section, the owner shall use that form. R. S., c. 293, s. 61. 62 repealed 2011, c. 35, s. 12. DRIVER TRAINING SCHOOLS Regulations respecting driver training schools 63 (1) Subject to the approval of the Governor in Council, the Minis-ter may make regulations for the licensing and regulation of driver training schools and of persons who for hire provide instruction in the operation of motor vehicles or hold themselves out as being capable and willing to provide such instruction. (2) Without restricting the generality of subsection (1), the Minis-ter by such regulations may (a) prescribe the form, content and duration of licenses; (b) provide for revocation or suspension of licenses; (c) prescribe fees for licenses; (d) prescribe standards of competency and of equipment of license holders; (e) prescribe courses of instruction; (f) exempt persons or classes of persons from the applica-tion of the regulations. (3) No person shall (a) conduct a driver training school; (b) for hire provide, or offer to provide, instruction in the operation of a motor vehicle; or (c) hold himself out as being capable and willing to pro-vide for hire instruction in the operation of motor vehicles, contrary to regulations made under this Section. R. S., c. 293, s. 63.
44 motor vehicle R. S., c. 293 NOVEMBER 9, 2023PART IV DRIVERS' LICENSES License required to drive on highway 64 Subject to Section 65 and subsection (6) of Section 75, no person shall operate any motor vehicle upon a highway in the Province unless such person has a valid driver's license under the provisions of this Act for the type or class of vehicle being driven. R. S., c. 293, s. 64. Licensed non-resident 65 (1) A non-resident who is sixteen years of age or over and who has been duly licensed under a law requiring the examination and licensing of driv-ers in his home province or country and who has in his immediate possession a valid driver's license issued to him in his home province or country shall be permitted without examination or license under this Act to drive a motor vehicle of a type or class authorized to be driven by such license upon the highways of the Province during a period of ninety days from the date such non-resident first entered the Province, and subject to the foregoing may drive a motor vehicle registered in the province or country which issued his driver's license during such period of time and under such conditions as such motor vehicle is exempt from registration in the Prov-ince by any regulations made under Section 25. (2) Any non-resident or other person whose driver's license or right or privilege to operate a motor vehicle in the Province has been suspended or revoked under this Act shall not operate a motor vehicle in the Province under a license, permit or registration certificate issued by any other jurisdiction, or other-wise operate a motor vehicle in the Province during the period of such suspension or revocation. (3) A non-resident who is sixteen years of age or over and who has a valid driver's license issued to him in his home province or country and who becomes a resident of the Province, may, without examination or license under this Act, drive a motor vehicle of a type or class authorized to be driven by such driver's license upon the highways during a period of ninety days from the date upon which he became a resident of the Province. (4) A member of His Majesty's Forces who has a valid driver's license issued to him in his home province and who enters the Province, may, with-out examination or license under this Act, drive a motor vehicle of a type or class authorized to be driven by such a driver's license upon the highways during a period of ninety days from the date on which he first entered the Province. (5) Notwithstanding subsections (3) and (4), a non-resident who is sixteen years of age or over and who has a valid driver's license issued to that per-son in that person's home province or country and who becomes a resident of the Province, may, without examination or license under this Act, drive a motor vehicle of a type or class authorized to be driven by such driver's license upon the highways
R. S., c. 293 motor vehicle 45 NOVEMBER 9, 2023for six months so long as the owner is a member of His Majesty's Canadian Forces within the Province on a temporary posting for training purposes, and for ninety days thereafter. (6) Subject to the approval of the Governor in Council, the Minis-ter may make regulations (a) allowing classes of persons (i) licensed in another jurisdiction to drive a motor vehicle, and (ii) designated by the regulations, to drive a motor vehicle upon a highway within the Province without examination or license under this Act; and (b) prescribing terms and conditions that apply to any such classes. (7) The regulations made pursuant to subsection (6) may pre-scribe different terms and conditions for different classes of persons. (8) The exercise by the Minister of the authority contained in sub-section (6) is regulations within the meaning of the Regulations Act. R. S., c. 293, s. 65; 2008, c. 61, s. 2; 2009, c. 22. Regulations 66 (1) The Governor in Council may make regulations (a) prescribing classes of drivers' licenses; (b) prescribing the form, content and duration of drivers' licenses; (c) prescribing qualifications of competency and fitness for drivers in the issuance and renewal of drivers' licenses or any class or classes of drivers' licenses; (d) designating by classification the entitlement of a driver to operate various types, sizes, classes or combinations of vehicles. (2) The Minister's decision shall be final if any question arises as to whether a person requires a driver's license of one class or another to operate a motor vehicle. R. S., c. 293, s. 66. Refusal to issue and restoration of driver's license 67 (1) The Department, with the approval of the Minister, may refuse to issue a driver's license to any person. (1A) The Department may refuse to issue a driver's license to any person whom the Registrar determines to have provided misleading information to the Department in the course of applying for the driver's license.
46 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(2) The Department, with the approval of the Minister, may refuse to issue a driver's license to any person who, being the holder of a license like a driver's license issued to the person in another province or country, refuses to surrender the license to the Department. (2A) The Department shall not issue a license to a person if a deci-sion has been made to suspend or revoke the person's license in the person's previ-ous jurisdiction of residence and the suspension or revocation has not yet taken place. (3) The Department shall not issue a driver's license (a) for the operation of any motor vehicle other than a farm tractor to a person who is under the age of sixteen years; or (b) for the operation of a farm tractor to a person who is under the age of fourteen years. (4) The Department shall not issue a driver's license to any person whose driver's license has been revoked under Section 278, or to any person who has been convicted in the Province of any of the offences mentioned in Section 278 until the period of revocation set forth in subsection (5) has elapsed or until any order of prohibition made by a court pursuant to section 320. 24 of the Criminal Code (Canada) has expired. (5) No application for restoration of a driver's license or the priv-ilege of obtaining a driver's license shall be made until there has expired from the date of the revocation a period of (a) repealed 2013, c. 10, s. 10. (aa) six months, where the revocation was for a violation of section 334 of the Criminal Code (Canada) respecting theft of gaso-line or diesel oil as defined in the Revenue Act ; (ab) six months in the case of a first revocation or two years in the case of a subsequent revocation where the revocation was for a violation of the Criminal Code (Canada) referred to in clause (da) of subsection (1) of Section 278; (b) repealed 2013, c. 10, s. 10. (ba) one year in the case of a first revocation, three years in the case of a second revocation and indefinitely in the case of a third or subsequent revocation where (i) the revocation was for a violation of section 253 or 254 or subsection (4) of section 259 of the Criminal Code (Canada), where the disqualification under subsection (4) of section 259 was occasioned by an impairment-related offence involving alcohol that occurred on or after the coming into force of this clause, but before the coming into force of sub-clause (ii), or
R. S., c. 293 motor vehicle 47 NOVEMBER 9, 2023(ii) the revocation was for a violation of subsec-tion (1) or (4) of section 320. 14, subsection (1) of section 320. 15 or section 320. 18 of the Criminal Code (Canada), if the prohibition referred to in section 320. 18 of that Act was occasioned by an impairment-related offence and the offence involves the operation of a motor vehicle; (c) two years in the case of a first revocation and five years in the case of a subsequent revocation where (i) the revocation was for a violation of subsec-tion (1) of section 249, subsection (1) of section 249. 1, sec-tion 249. 2, 249. 3 or 249. 4 or subsection (1) of section 252 of the Criminal Code (Canada) and where the offence involved the operation of a motor vehicle before the coming into force of subclause (ii), or (ii) the revocation was for a violation of subsec-tion (1) of section 320. 13 or subsection (1) of section 320. 16 of the Criminal Code (Canada) and the offence involved the operation of a motor vehicle; (ca) five years in the case of a first revocation and indefi-nitely in the case of a subsequent revocation where (i) the revocation was for a violation of section 220, 221 or 236, subsection (3) or (4) of section 249, subsection (3) of section 249. 1, subsection (1. 2) or (1. 3) of section 252, sub-section (2) of section 255(2) or subsection (2. 1), (2. 2), (3), (3. 1) or (3. 2) of section 255 of the Criminal Code (Canada) and where the offence involves the operation of a motor vehicle before the coming into force of subclause (ii), or (ii) the revocation was for a violation of section 220, 221 or 236, subsection (2) or (3) of section 320. 13, subsection (2) or (3) of section 320. 14, subsection (2) or (3) of section 320. 16 or section 320. 17 of the Criminal Code (Canada) and the offence involves the operation of a motor vehicle; (d) two years in the case of a first revocation or five years in the case of a subsequent revocation where the revocation was for a violation of section 333. 1 of the Criminal Code (Canada), for the theft of a motor vehicle in violation of section 334 of the Criminal Code (Canada) or for a violation of section 335 of the Criminal Code (Canada); (da) one year in the case of a first revocation or two years in the case of a subsequent revocation where the revocation was for a violation of subsection (1) of Section 287; (e) except as provided in subsection (9), one year in the case of a first revocation or two years in the case of a subsequent rev-ocation where
48 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(i) the revocation was for a violation of subsec-tion (4) of section 259 of the Criminal Code (Canada), if the offence involves the operation of a motor vehicle and the prohibition referred to in that subsection was in relation to an offence other than an impairment-related offence, or subsec-tion (2) of Section 287 of this Act before the coming into force of subclause (ii), or (ii) the revocation was for a violation of section 320. 18 of the Criminal Code (Canada), if the offence involves the operation of a motor vehicle and the prohibition referred to in that section was in relation to an offence other than an impairment-related offence, or subsection (2) of Section 287 of this Act, the new revocation period to be concurrent with any period of revo-cation provided in this subsection, or any prohibition or suspension which may be in effect at the time of the revocation; or (f) time determined by the Governor in Council for any offence designated pursuant to clause (d) of subsection (1) of Sec-tion 278. (5A) Notwithstanding clause (ba) of subsection (5), an application may be made for restoration, before the expiry of the time periods referred to in clause (ba) of subsection (5), of a person's driver's license or privilege of obtaining a driver's license by a person where the revocation was (a) for a violation of (i) section 253 or 254 of the Criminal Code (Can-ada), if the violation involved alcohol, or (ii) subsection (4) of section 259 of Criminal Code (Canada), if the disqualification under that subsection was occasioned by an impairment-related offence involving alco-hol, before the coming into force of clause (b); or (b) for a violation of (i) subsection (1) of section 320. 14 or subsection (1) of section 320. 15 of the Criminal Code (Canada), if the viola-tion involved alcohol, or (ii) section 320. 18 of the Criminal Code (Canada), if the prohibition under that subsection was occasioned by an impairment-related offence involving alcohol, and the Registrar permits the person to participate in an ignition interlock program established by the regulations.
R. S., c. 293 motor vehicle 49 NOVEMBER 9, 2023(5B) The driver's license of a person that has been restored upon application pursuant to subsection (5A) is restored only for the purpose of that per-son's participation in an ignition interlock program established by the regulations and for all other purposes the license remains revoked. (5C) Where, following a review under Section 279G, the Registrar is satisfied that a child was present at the time of an offence under section 253, 254 or 255 of the Criminal Code (Canada), if the offence was committed before the repeal of those provisions, or section 320. 14 or 320. 15 of that Act and the person is convicted of, pleads guilty to or is found guilty of the offence, an application for restoration of the person's driver's license or privilege of obtaining a driver's license may not be made until twelve months after the end of time period that must otherwise elapse, as set out in this Section, before an application for restoration can be considered under this Section. (6) For the purpose of clause (a) or (b) of subsection (5), a revoca-tion is a second or subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or any other offence mentioned in clause (a) or (b) within the previous five years. (6A) For the purpose of clause (ba) of subsection (5), a revocation is a second or subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or any other offence mentioned in clause (ba) within the previous ten years. (7) For the purpose of clause (c) of subsection (5), a revocation is a subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or another offence men-tioned in clause (c) within the previous five years. (7A) For the purpose of clause (ca) of subsection (5), a revocation is a second or subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or any other offence referred to in clause (ca) of subsection (5) within the previous ten years. (8) For the purpose of clause[s] (ab), (d) and (da) of subsection (5), a revocation is a subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same offence within the previous five years. (9) For the purpose of clause (e) of subsection (5), a revocation is a subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or another offence men-tioned in clause (e) within the previous five years. (10) Notwithstanding any other provisions of this Act, the Regis-trar may restore the driver's license of a person convicted of driving while his license was suspended for a speeding offence under Sections [Section] 102, 103, 104 or 106, upon application made after the expiration, from the date of the convic-
50 motor vehicle R. S., c. 293 NOVEMBER 9, 2023tion for driving while suspended, of a period of thirty days where the speeding sus-pension was for seven days, or two months where the speeding suspension was for fifteen days, or four months where the speeding suspension was for thirty days. (11) The Registrar shall require that a person whose driver's license or privilege of obtaining a driver's license has been revoked for an impairment-related offence involving alcohol or suspended pursuant to Section 279A for an impairment-related offence involving alcohol participate in such alcohol rehabilita-tion program as may be prescribed by regulation made by the Governor in Council before he is entitled to reinstatement of his license. (11A) The Registrar may require that a person whose driver's license or privilege of obtaining a driver's license has been revoked on one or more occa-sions for an impairment-related offence involving alcohol participate in such igni-tion interlock program as may be prescribed by regulation made by the Governor in Council as a condition of the restoration of the person's license. (12) In this Section, “impairment-related offence” means (a) an offence under section 253, 254 or 255 of the Criminal Code (Canada) committed before those provisions were repealed; or (b) an offence under section 320. 14 or 320. 15 of the Criminal Code (Canada). (13) For the purpose of this Section, the Governor in Council may establish and define “alcohol rehabilitation program” and “ignition interlock pro-gram” and make regulations concerning the same, including regulations prescribing offences and penalties for breach of the regulations. (14) Regulations made by the Governor in Council pursuant to this Section may be made applicable to all or any part of the Province. (15) repealed 2010, c. 20, s. 1. (16) Where a person pleads guilty to or is found guilty of an offence against section 220, 221, 320. 13, 320. 14, 320. 15, 320. 16 or 320. 17 of the Criminal Code (Canada) and an order directing that the accused be discharged is made under section 730 of the Criminal Code (Canada), this Section applies in the same manner as if the person were convicted of the offence. (17) Upon application being made to him for restoration of a driver's license by the person whose driver's license was revoked, the Registrar may recommend that such license be restored and that the Department issue such person with a driver's license and, where the revocation was the result of an impairment-related offence, the Registrar may require that the restoration of the driver's license be subject to such conditions and requirements as the Registrar deems necessary.
R. S., c. 293 motor vehicle 51 NOVEMBER 9, 2023(18) Before any person applies to the Registrar for restoration of his driver's license he shall cause to be served on the Registrar a notice of his inten-tion to so apply which notice shall state the name and address of the applicant and the date on which his license was revoked, and the notice shall be served at least thirty clear days prior to the application and may be served by sending the same in a prepaid registered letter addressed to the Registrar at Halifax. (19) to (21) repealed 2001, c. 44, s. 1. (21A) repealed 2014, c. 53, s. 2. (22) repealed 2001, c. 44, s. 1. (22A) Notwithstanding subsection (19) of this Act and Section 11 of the Summary Proceedings Act, where a driver's license is revoked indefinitely, no application may be made pursuant to this Section for the restoration of the driver's license until ten years has elapsed from the date of the revocation or subsequent conviction for an offence involving the operation of the motor vehicle. (23) The Department shall not issue a driver's license to any per-son whose driver's license has been suspended, during the period for which the license was suspended. (24) The Department shall not issue a driver's license to any per-son when, in the opinion of the Department, the person is sufficiently illiterate or is afflicted with or suffering from such physical or mental disability or disease as will serve to prevent him from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways, nor shall a license be issued to any person who is unable to understand highway warning or direction signs in the English language. R. S., c. 293, s. 67; 1994-95, c. 12, s. 5; 1996, c. 34, s. 2; 1998, c. 32, s. 1; 1999, c. 11, s. 2; 2001, c. 44, s. 1; 2002, c. 20, ss. 2, 12; 2002, c. 30, s. 14; 2004, c. 42, s. 3; 2005, c. 32, s. 3; 2005, c. 38, s. 1; 2005, c. 54, s. 1; 2006, c. 36, s. 1; 2007, c. 45, s. 5; 2008, c. 21, s. 2; 2010, c. 20, s. 1; 2011, c. 22, s. 1; 2013, c. 10, s. 10; 2014, c. 53, s. 2; 2015, c. 45, s. 3; 2018, c. 3, s. 47; revision corrected. Restoration for non-resident 67A (1) Notwithstanding clause (ba) of subsection (5) of Section 67, application may be made for restoration of a person's driver's license or privilege of obtaining a driver's license by a person where the revocation was for a violation of subsection (1) of section 320. 14 or subsection (1) of section 320. 15 of the Criminal Code (Canada), where the violation involved alcohol, or section 320. 18 of that Act, where the prohibition referred to in section 320. 18 of that Act was occa-sioned by an impairment-related offence, as defined in subsection (12) of Section 67, involving alcohol, before the expiry of the time periods referred to in clause (ba) of subsection (5) of Section 67, and the Registrar may approve the application if the Registrar is satisfied that (a) the person is not a resident of the Province at the time of the application;
52 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(b) the person has applied for participation in an alcohol ignition interlock program in another province of Canada; and (c) the province where the person applied has advised the Registrar that it is prepared to accept the person into its alcohol igni-tion interlock program. (2) A decision of the Registrar under subsection (1) is final and is not subject to appeal. (3) A person whose license or privilege of obtaining a license has been restored pursuant to this Section has the status of an unlicensed driver. (4) Where the Registrar grants a change of status to a person pur-suant to this Section and the person is not issued a license in the province of Canada referred to in the application within thirty days of the Registrar's approval of the application, the person's license status in the Province is deemed to be revoked and any conditions of restoration that were applicable before the status was changed to unlicensed continue to apply. 2010, c. 20, s. 2; 2013, c. 10, s. 11; 2018, c. 3, s. 48. Reinstatement fee 68 (1) An applicant for the restoration of a driver's license or privi-lege of obtaining a driver's license following a revocation for an impairment-related offence, as defined in Section 67, shall pay a reinstatement fee of one hundred and twenty-four dollars and sixty cents. (2) In addition to the restoration fee referred to in subsection (1), the applicant may be required to pay the costs of any alcohol rehabilitation program the applicant is required to complete pursuant to this Act. (3) The costs referred to in subsection (2) are those costs set out in regulations made by the Governor in Council. R. S., c. 293, s. 68; 1994, c. 24, s. 2; 2007, c. 9, s. 30; 2008, c. 2, s. 27; 2009, c. 5, s. 24; 2011, c. 8, s. 17; 2013, c. 3, s. 10; 2015, c. 6, s. 31; 2018, c. 3, s. 49. Age limits for certain vehicles 69 (1) Notwithstanding any other provisions of this Act, no person, who is under the age of nineteen years, shall drive a motor vehicle while it is in use as a passenger carrying vehicle for hire. (2) No person, who has attained the age of sixty-five years, shall drive a bus after the last day of the month in which the person attains that age. (3) Notwithstanding subsection (2), the Registrar may issue a chauffeur's license permitting a person who has attained the age of sixty-five years to operate a bus where that person satisfies any special conditions stated by the Reg-istrar upon the license.
R. S., c. 293 motor vehicle 53 NOVEMBER 9, 2023(4) No person who is under the age of sixteen years shall operate a personal transporter on a highway except (a) a person at least fourteen years of age participating in a tour if the tour operator has the written consent of the person's parent; or (b) under such circumstances as are prescribed by the reg-ulations. (5) No person who is under the age of fourteen years shall operate an electric kick-scooter. (6) A parent or guardian of a person who is under the age of four-teen years shall not permit the person to operate an electric kick-scooter. (7) The owner of an electric kick-scooter shall not permit a per-son who is under the age of fourteen years to operate the electric kick-scooter. R. S., c. 293, s. 69; 2015, c. 46, s. 3; 2022, c. 21, s. 3. Supervising driver 69A (1) A person is qualified to act as a supervising driver for the pur-pose of this Section and Sections 70 and 70A if the person (a) holds a valid driver's license for the class of vehicle being driven; and (b) is not a novice driver. (2) No person occupying a front seating position of a motor vehi-cle being operated by a licensed learner or newly licensed driver shall directly or indirectly hold himself or herself out to a peace officer as being a supervising driver unless the person is qualified to act as a supervising driver. 2014, c. 53, s. 3. Learners class driver's license 70 (1) repealed 2014, c. 53, s. 4. (2) The Department, upon receiving from any person over the age of sixteen years an application for a learners class driver's license, may, in its dis-cretion, issue such a license entitling the applicant, while having the license in the applicant's possession, to drive a motor vehicle upon the highways when accompa-nied by a person who (a) is an [a] supervising driver; (b) repealed 2014, c. 53, s. 4. and (c) is actually occupying a front seating position and there is no other person in the vehicle.
54 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(3) Notwithstanding subsection (2), more than one examiner may be in a motor vehicle that is being driven by a person who is a licensed learner. (4) Notwithstanding subsection (2), where a motor vehicle that is being driven by a person who is a licensed learner is equipped with dual brake and clutch controls and the supervising driver accompanying the driver is an instructor approved by the Department, not more than three persons may occupy the back seat of the motor vehicle for the purpose of receiving instructions in driving. (5) A person who has a learners class driver's license shall not drive a motorcycle on a highway except for the purpose of being examined by an examiner and when the person is within sight of an examiner. (6) A licensed learner may, while the license is in force, apply to an examiner for a certificate that the licensed learner has qualified for a driver's license (a) at any time if the person held a class 1, 2, 3, 4 or 5 driver's license as set out in regulations made pursuant to Section 66 or an equivalent license in another province, state or country; (b) where the person has successfully completed a driver education or training program approved by the Department (i) at any time after the completion of nine months as a licensed learner, or (ii) where the person is a licensed learner at the time this subsection comes into force, at any time after the completion of three months as a licensed learner; (c) at any time after the completion of twelve months as a licensed learner or, where the person is a licensed learner at the time this subsection comes into force, at any time after the completion of six months as a licensed learner. (6A) For the purpose of clause (b) or (c) of subsection (6), a licensed learner whose driver's license or privilege of obtaining a driver's license has been revoked pursuant to Section 278 or whose driver's license or privilege of obtaining a driver's license has been suspended pursuant to Section 100A, 100B, 205, 227, 278C, 279, 279A, 279C, 279K, 279L, 282 or 283 shall, upon restoration of the driver's license, be required to complete the total period as a licensed learner required pursuant to clause (b) or (c) of subsection (6), as the case may be, from the date of restoration. (7) A learners class driver's license issued pursuant to this Section expires at the end of the month and year endorsed on the license. (8) Notwithstanding any other provision of this Act, the holder of a learners class driver's license may drive a motorcycle or a farm tractor on a high-way for the purpose of being examined by an examiner and when the person is within sight of an examiner.
R. S., c. 293 motor vehicle 55 NOVEMBER 9, 2023(9) Where a licensed driver occupying a motor vehicle operated by a licensed learner on any highway fails on request of a peace officer to produce then and there for the officer's inspection the license issued by the Department, such person is guilty of an offence against this Act. (10) repealed 2014, c. 53, s. 4. (11) A licensed learner shall not permit any other person to use the driver's license issued to the licensed learner by the Department. (12) Notwithstanding subsection (2), the Department may issue an interim learners class driver's license to a person under the same terms and condi-tions as provided for a license issued pursuant to subsection (2), which is valid (a) for a term of thirty days from the date of issue; or (b) until a learners class driver's license is issued pursuant to subsection (2), whichever is the shorter period. 1994, c. 24, s. 3; 2004, c. 42, s. 4; 2014, c. 53, s. 4; 2018, c. 3, s. 50. Newly licensed driver 70A (1) A person who qualifies for a driver's license of class 1, 2, 3, 4, 5 or 6 as set out in the regulations made pursuant to Section 66,, having less than two years experience as a licensed driver, excluding experience while holding a class 7 or 8 driver's license, has the status of a newly licensed driver. (2) repealed 2015, c. 45, s. 5. (3) A person may apply to have the status of a newly licensed driver removed when the following conditions have been satisfied: (a) the person has completed two years experience as a licensed driver under this Act, other than as the holder of a class 7 or 8 driver's license, or two years experience as a licensed driver in another province or country recognized by the Department as equivalent expe-rience or a combination of experience as a licensed driver under this Act and as a licensed driver in another province or country; and (b) the person has successfully completed a driver improvement program recognized by the Department. (4) A newly licensed driver whose driver's license or privilege of obtaining a driver's license has been revoked pursuant to Section 278 or whose driver's license or privilege of obtaining a driver's license has been suspended pur-suant to Sections [Section] 100A, 100B, 205, 227, 278C, 279, 279A, 279C, 279K, 279L, 282 or 283 shall, upon restoration of the driver's license, be required to com-plete a minimum two-year period as a newly licensed driver from the date of resto-ration.
56 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(5) A person issued a driver's license as a newly licensed driver in accordance with subsection (1) may drive a motor vehicle upon the highways sub-ject to the following conditions: (a) every passenger in the vehicle must be in a sitting posi-tion with a seat belt available to that passenger; (b) notwithstanding clause (a), no more than one passen-ger in addition to the driver, shall occupy a front seating position; (c) between midnight and five o'clock in the morning only when accompanied by a person who (i) is a supervising driver, (ii) holds a valid driver's license of class 1, 2, 3, 4 or 5 as set out in regulations made pursuant to Section 66 and of the class required for the class of vehicle being operated, and (iii) is actually occupying a front seating position, and when there is no other person in the vehicle. (6) A newly licensed driver may apply to the Department for an exemption from the requirements of clause (c) of subsection (5) as prescribed by regulations made by the Governor in Council. (7) When an exemption is approved pursuant to subsection (6), the Department may impose such operating conditions as it deems necessary. (8) Any newly licensed driver who fails to comply with the provi-sions of this Section is guilty of an offence. (9) The Registrar shall not issue a driver's license that permits a newly licensed driver to operate types, sizes, classes or combinations of vehicles requiring class 1, 2, 3 or 4 driver's licenses as set out in regulations made pursuant to Section 66, except as a learner. 1994, c. 24, s. 3; 1999, c. 11, s. 3; 2011, c. 67, s. 3; 2014, c. 53, s. 5; 2015, c. 45, s. 5; 2018, c. 3, s. 51. Driver's license for motorcycle as learner 70B (1) The Department may issue a driver's license valid for the operation of a motorcycle as a learner. (2) While operating a motorcycle under a license issued pursuant to this Section, the driver shall not drive the motorcycle upon a highway (a) when a person in addition to the driver is riding or being carried on the motorcycle; and (b) during the period from a half hour after sunset to a half hour before sunrise.
R. S., c. 293 motor vehicle 57 NOVEMBER 9, 2023(3) A person may, while the person's driver's license is in force, apply to an examiner for a certificate that the person has qualified for a driver's license valid for the operation of a motorcycle (a) at any time after holding a license issued pursuant to this Section for not less than three months if the person has com-pleted a motorcycle training program recognized by the Department; (b) at any time after holding a license issued pursuant to this Section for not less than six months; or (c) notwithstanding clauses (a) and (b), if a person is not a novice driver and has held a license issued pursuant to this Section for not less than one month, if the person has completed a motorcycle training program recognized by the Department or for not less than three months if such a program has not been completed. 1994, c. 24, s. 3; 2014, c. 53, s. 6. Novice driver 70C A person has the status of a novice driver if the person (a) is a licensed learner; (b) is a newly licensed driver; or (c) holds a driver's license of class 1, 2, 3, 4, 5 or 6 as set out in the regulations made pursuant to Section 66 and has been the holder of (i) such a driver's license for less than two years after the day on which the person ceased to be a newly licensed driver, or (ii) driver's licenses of more than one such class for a combined period of less than two years after the day on which the person ceased to be a newly licensed driver. 2015, c. 45, s. 6. Application for driver's license and change of address 71 (1) Every application for a driver's license shall be made upon the approved form furnished by the Department and the matters set forth in the applica-tion shall if required be verified by the affidavit of the applicant or by a declaration under the Canada Evidence Act. (2) Every application shall state the name, age, and residence address of the applicant, and such other information as such form or the Department may require. (3) Every person who holds a driver's license shall give notice to the Registrar of any change in his residence address within one month of the change. R. S., c. 293, s. 71.
58 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Disclosure of information for War Amps Key Tag Service 71A (1) The Department may disclose the name and address of every person who is issued a driver's license to The War Amputations of Canada for the purpose of allowing The War Amputations of Canada to conduct its Key Tag Ser-vice program. (2) The disclosure of information pursuant to subsection (1) is subject to such terms and conditions as the Minister considers appropriate. (3) Where a person requests of the Department that the person's name and address not be disclosed pursuant to subsection (1), the Department shall cease to disclose the person's name and address to The War Amputations of Canada. 2012, c. 52, s. 2. License to person under eighteen years 72 (1) The Department shall not issue a driver's license to a person under the age of eighteen years unless his application for the license is signed by (a) a parent or guardian of the applicant having custody of the applicant; (b) the employer of the applicant if his mother and father are dead and he has no guardian; or (c) the spouse of the applicant if the spouse is over the age of eighteen years. (2) Where the person who signs an application for a driver's license pursuant to subsection (1) makes a request in writing to the Registrar, and the person who makes the application is then under the age of eighteen years, the Registrar may cancel any driver's license that has been issued to the person who made the application. (3) The Registrar may require the person making the request to furnish such information or reasons as the Registrar may require. (4) While a person who holds a driver's license is under the age of eighteen years, the Department may forward copies of correspondence sent to the driver to the person who signed the application for the license. R. S., c. 293, s. 72; 1994, c. 24. s. 4. Examination of applicant 73 (1) The Department shall examine every applicant for a driver's license before issuing any such license, except as otherwise provided in subsec-tions (3) and (4). (2) The Department shall examine the applicant as to his physical and mental qualifications to operate a motor vehicle in such manner as not to jeop-ardize the safety of persons or property and as to whether any facts exist which would bar the issuance of a license under Section 67.
R. S., c. 293 motor vehicle 59 NOVEMBER 9, 2023(2A) Notwithstanding subsection (2) of Section 74, an examination of the applicant's visual acuity or a written examination of the applicant's under-standing of traffic rules and traffic signs may be administered by any person whom the Registrar directs to administer the examination. (3) The Department may, in its discretion, waive the examination of any person applying for the renewal of a driver's license issued under this Act. (4) The Department may, in its discretion, issue a driver's license under this Act, without examination, to any person applying therefor who is of suf-ficient age, as required by Section 67 to receive the license applied for and who at the time of the application has a valid unrevoked license of like nature issued to the person in another province or country under a law requiring the licensing and exam-ination of drivers. R. S., c. 293, s. 73; 2015, s. 45, s. 7. Examiners 74 (1) The Minister is hereby authorized to designate or to appoint persons to act for the Department for the purpose of examining applicants for driv-ers' licenses. (2) The persons so designated or appointed shall be known as “examiners” and it shall be the duty of every examiner to conduct examinations of applicants for drivers' licenses under this Act and to make a written report of find-ings and recommendations upon the examination to the Department. R. S., c. 293, s. 74. Issue of driver's license 75 (1) The Department shall issue to every person licensed as a driver a driver's license authorizing the holder of the license to operate a motor vehicle or the class of motor vehicle specified in the license. (2) Every driver's license shall bear thereon the distinguishing number assigned to the licensee and such other matters as the Minister may deter-mine. (3) Every driver's license shall be and remain the property of the Crown and shall be returned to the Department by the licensee whenever required by the Minister or the Registrar. (4) The Department, upon determining after an examination that an applicant is mentally and physically qualified to receive a license, may issue to him a temporary driver's license entitling him while having such license in his immediate possession to drive a motor vehicle or the class of motor vehicle speci-fied in the license upon the highways for a period of thirty days, before issuance to him of a driver's license. (5) The Registrar may cause special conditions to be stated upon a driver's license and it shall be an offence for any person to fail to comply with such special conditions when so stated upon the license.
60 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(6) Notwithstanding subsection (1), the Department may issue an interim driver's license to a person under the same terms and conditions as provided for a license issued pursuant to subsection (1), which shall be valid until a driver's license is issued pursuant to subsection (1). R. S., c. 293, s. 75. Operation of motorcycle on highway 76 Except for the purpose of taking a driving examination, no person shall drive a motorcycle on the highway unless he holds a license which authorizes the operation of a motorcycle. R. S., c. 293, s. 76. Loss or destruction of driver's license 77 In the event that a driver's license issued under this Act is lost or destroyed, the person to whom the same was issued may obtain a duplicate or sub-stitute thereof upon furnishing proof satisfactory to the Department that the license has been lost or destroyed and upon payment of the prescribed fees. R. S., c. 293, s. 77. Duties of driver respecting license 78 (1) Every person licensed as a driver shall write his usual signa-ture with pen and ink in the space provided for that purpose on the license issued to him immediately upon receipt of the license, and the license shall not be valid until it is so signed. (2) Every person shall have a valid driver's license in his immedi-ate possession at all times when driving a motor vehicle and shall display the same at all reasonable times on demand of a peace officer. R. S., c. 293, s. 78. Expiry and renewal of driver's license 79 Every driver's license shall expire on the date specified or determined by regulation and shall be renewed only upon application and payment of the pre-scribed fee. R. S., c. 293, s. 79; 1995-96, c. 22, s. 2. Offences respecting license 80 It shall be an offence for any person to commit any of the following acts: (a) to display or cause or permit to be displayed or to have in pos-session any driver's license which is shown to be fictitious or to have been cancelled, revoked, suspended or altered; (b) to lend or permit the use of, by one not entitled thereto, any driver's license issued to the person so lending or permitting the use thereof; (c) to display or to represent as one's own any driver's license not issued to the person so displaying the same; (d) to fail or refuse to surrender to the Department upon demand, any driver's license which has been suspended, cancelled or revoked;
R. S., c. 293 motor vehicle 61 NOVEMBER 9, 2023(e) to use a false or fictitious name or give a false or fictitious address in any application for a driver's license, or any renewal or duplicate thereof, or to make a false statement or to conceal a material fact in the application; (f) to attempt to mislead a peace officer by falsely representing that he is licensed under this Act as a driver when he is not so licensed. R. S., c. 293, s. 80. Seizure of license pending prosecution 81 Where a peace officer has reason to believe that a person has commit-ted an offence mentioned in Section 80 and that the commission of the offence involves a driver's license, the peace officer may seize the driver's license and retain the same until the disposition of the prosecution for the offence or until a court or a judge otherwise orders. R. S., c. 293, s. 81. Permitting operation of vehicle 82 Subject to Sections 65 and 70, a person shall not allow or permit a motor vehicle owned by him or under his control or in his charge to be operated upon a highway by a person who does not hold a valid driver's license authorizing him to operate such motor vehicle. R. S., c. 293, s. 82. PART V TRAFFIC ON THE HIGHWAY Direction of peace officer or traffic sign or signal 83 (1) It shall be an offence for any person to refuse or fail to comply with any order, signal or direction of any peace officer. (2) It shall be an offence for the driver of any vehicle or for the motorman of any street car to disobey the instructions of any official traffic sign or signal placed in accordance with this Act, unless otherwise directed by a peace officer. R. S., c. 293, s. 83. Working on highway 84 Sections 138, 143 and 156 shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when travelling to or from such work. R. S., c. 293, s. 84. Bicycle, animal, push-cart or wheelbarrow 85 (1) Every cyclist, every operator of an electric kick-scooter and every person riding an animal upon a highway and every person driving any animal shall be subject to the provisions of this Act applicable to a driver of a vehicle, except those provisions which by their very nature can have no application.
62 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(2) Every person propelling any push-cart or wheelbarrow upon a highway shall be subject to the provisions of this Act applicable to the driver of a vehicle except those provisions with reference to the equipment of vehicles, and except those provisions which by their vary nature can have no application. R. S., c. 293, s. 85; 2010, c. 59, s. 2; 2022, c. 21, s. 4. Operation of personal transporter 85A (1) For the purpose of this Act, where a personal transporter is operated on a roadway, the operator of the personal transporter is deemed to be a cyclist and, where a personal transporter is operated on a sidewalk, the operator is deemed to be a pedestrian. (2) Every person shall at all times when operating a personal transporter exercise care and caution. (3) Every person shall have identification in the person's posses-sion at all times when operating a personal transporter on a highway and shall (a) display the same; and (b) provide the person's address and date of birth, at all reasonable times on the demand of a peace officer. (4) Sections 97 and 98, except the requirement to exhibit a driver's license, apply to the operator of a personal transporter whether the personal transporter is being operated on a roadway or on a sidewalk. (5) Sections 119 and 122 and subsection 171(4) do not apply to the operator of a personal transporter on a highway. 2015, c. 46, s. 4. Operation of electric kick-scooter 85B (1) Subject to this Section, for the purpose of this Act, where an electric kick-scooter is operated on a roadway, the operator of the electric kick-scooter is deemed to be a cyclist. (2) Every person shall at all times when operating an electric kick-scooter exercise care and caution. (3) Every person must have identification in the person's posses-sion at all times when operating an electric kick-scooter and shall (a) display the same; and (b) provide the person's address and date of birth, at all reasonable times on the demand of a peace officer. (4) Sections 97 and 98, except the requirement to exhibit a driver's license, apply to the operator of an electric kick-scooter.
R. S., c. 293 motor vehicle 63 NOVEMBER 9, 2023(5) The operator of an electric kick-scooter shall (a) where the electric kick-scooter is not equipped with turn signal lights, signify (i) a left turn by extending the person's left hand and arm horizontally from the electric kick-scooter, and (ii) a right turn by either (A) extending the person's left hand and arm out and upward from the electric kick-scooter so that the upper and lower parts of the arm are at right angles, or (B) extending the person's right hand and arm out horizontally from the electric kick-scooter; (b) where the electric kick-scooter is equipped with red, white, yellow or amber turn signal lights that are visible from behind and in front of the electric kick-scooter, signify a right or left turn by either (i) activating the appropriate turn signal light, or (ii) extending the person's hand and arm as described in clause (a); and (c) signify a stop or decrease in speed by extending the person's left hand and arm out and downward from the electric kick-scooter so that the upper and lower parts of the arm are at right angles, unless the electric kick-scooter is equipped with a visible red light at the rear that is activated when the person operating the elec-tric kick-scooter applies the brakes. 2022, c. 21, s. 5. TRAFFIC AUTHORITY AND SIGNS AND SIGNALS Traffic authorities 86 (1) The Registrar or a person appointed by the Minister shall be the Provincial Traffic Authority. (2) The Minister may appoint a person in the public service to be Deputy Provincial Traffic Authority who shall perform such functions and duties as are prescribed by the Minister. (2A) The Minister may appoint district traffic authorities who shall perform such functions and duties and have such powers and authorities as are pre-scribed by the Minister. (3) In the absence or incapacity of the Provincial Traffic Author-ity, or when the office of Provincial Traffic Authority is vacant, the Deputy Provin-
64 motor vehicle R. S., c. 293 NOVEMBER 9, 2023cial Traffic Authority shall perform the functions and duties and shall have the powers and authorities of the Provincial Traffic Authority. (4) The Deputy Provincial Traffic Authority may, upon the direc-tion of the Minister or the Provincial Traffic Authority, perform the functions or duties or exercise the powers and authorities of the Provincial Traffic Authority. (5) A document which purports to be signed by the Deputy Pro-vincial Traffic Authority shall be received in evidence without proof of the signa-ture or the official character of the person appearing to have signed the document. (6) The council of a city or town may, from time to time, appoint the city or town manager, the chief of police, or some other official of the city or town, to be the traffic authority for the city or town. (7) The council of a city or town may, from time to time, appoint a member of the police force, or some other official of the city or town to be deputy traffic authority who, in the absence or incapacity of the traffic authority or in the event of his death or ceasing to hold the office, shall perform the duties and have all the authority of the traffic authority of the city or town. (8) The clerk of a city or town shall forthwith send to the Provin-cial Traffic Authority any resolution of the council passed under subsection (6) or (7). (9) When there is no traffic authority and no deputy traffic author-ity for a city or town the Minister may appoint a traffic authority to hold office until the council has appointed a traffic authority. (10) If it is made to appear to the Minister that the traffic authority of a city or town is not carrying out his duties or performing his functions under this Act, the Minister, by letter to the mayor or clerk of the city or town, may cancel the appointment of the traffic authority. (11) The Provincial Traffic Authority shall have, with respect to all provincial highways and highways within a city or town for which there is no traffic authority and no deputy traffic authority, all the powers conferred upon a traffic authority by or under this Act. (12) Subject to subsection (13), the traffic authority for a city or town shall have, with respect to all highways within the city or town, all the powers conferred upon a traffic authority by or under this Act. (13) When the Minister has determined that a highway or part of a highway within a city or town is a main travelled or through highway, the traffic authority for the city or town shall not exercise any powers as a traffic authority with respect to that highway or part without the approval of the Provincial Traffic Authority. R. S., c. 293, s. 86; 1995-96, c. 23, s. 2.
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