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Snapshot 93b58d971407 · verified 2026-06-09 ·
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unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF CARBERRY
BY-LAW 07/2024
BEING A BY-LAW of the Town of Carberry to regulate the operation of Off-Road Vehicles in the
municipality.
WHEREAS Section 232(1)(g) and 236(1) of The Municipal Act, CCSM c M225 provides authority
for the Town of Carberry to pass a by-law respecting the operation of Off-Road Vehicles on public
or private property;
AND WHEREAS Section 45 of The Off-Road Vehicle Act, CCSM c O31 ("Act"), authorizes a
traffic authority of a municipal road to make by-laws supplementary to or in addition to, but not
contrary to any provision of the Act or regulations made thereunder permitting and prohibiting and
prohibiting the operation of designated off-road vehicles across a roadway and shoulder at any
place, or at a designated place along the highway, or n any portion thereof and prohibiting the
operation of designated off-road vehicles upon a designated right-of-way or a specified portion
thereof;
AND WHEREAS Section 46 of the Act, authorizes the Town of Carberry to make rules by by-law
supplementary to or in addition to, but not contrary to any other provision of the said Act or
regulations made thereunder prescribing the periods of the day, or the year, during which
designated off-road vehicles shall not be operated, prescribing the maximum speed above which
off-road vehicles shall not be operated, prescribing areas in which the operation of designated
off-road vehicles shall be permitted or prohibited, and fixing penalties for violation of by-laws
passed under that Section
AND WHEREAS Section 38(1) of the Act, authorizes the Town of Carberry, where a storm or
blizzard renders a roadway impassable to vehicular traffic, for a fixed period, the operation of
designated off-road vehicles on the roadway or shoulder or designated portions thereof; and
during that period, operators may operate off-road vehicles on the roadways or shoulders
NOW THEREFORE the Council of the Town of Carberry enacts as a by-law the following:
1. SHORT TITLE
1.1
This By-law may be cited as the Off-Road Vehicles By-law.
2. DEFINITIONS
2.1
In this By-law:
(a) "all-terrain vehicle" means an Off-Road Vehicle that
(a) operates or travels on three or more low-pressure tires,
(b) has a seat designed to be straddled by the operator of the vehicle, and
(c) has handlebars for steering the vehicle;
(b) "CAO" means the Chief Administrative Officer of the Town of Carberry or his or
her designate;
(c) "Municipal Road Allowance" means any road allowance that is under the
jurisdiction of the Town of Carberry whether developed as a roadway or
undeveloped;
(d) "Municipal Roadway" means a roadway constructed within a Municipal Road
Allowance and includes the shoulders of such roadways;
(e) "Pedestrian Thoroughfare" means any sidewalk, walking path, trail, or other
infrastructure primarily designed for walking, running, biking, or the like.
(f) "ORV" means any wheeled or tracked motorized vehicle designed or adapted for
cross-country travel on land, water, ice, snow, marsh, swamp land or other natural
terrain and includes, but is not limited to,
(a) a snowmobile,
(b) an all-terrain vehicle,
(c) a mini-bike, dirt-bike and trail-bike,
(d) a side-by-side atv,
(e) a miniature vehicle such as a dune or sport buggy,
(f) an off-road maintenance machine,
(g) an amphibious vehicle, and
(h) any motor vehicle, or snow vehicle that is being driven elsewhere than
on a highway, whether or not it is registered under The Drivers and Vehicles
Act
but does not include an implement of husbandry, farm tractor, special mobile
machine, garden tractor, lawn tractor or golf cart;
(g) "Public utility" means a company supplying electric power, natural gas or
telecommunications services to the public.
(h) "Restricted Area" means any lands dedicated as Public Reserve and the
following areas: Carberry Plains Community Center, Day Lilly Garden, Art Sear
Park, CP Park, Carberry Ball Park any other area designated as a green space or
public park;
(i) "snowmobile" means a vehicle that has a gross vehicle weight not exceeding 454
kilograms and
(a) is not equipped with wheels, but in place thereof is equipped with tractor treads
alone or with tractor treads and skis, or with skis and a propeller, or is a toboggan
equipped with tractor treads or a propeller,
(b) is designed primarily for operating over snow or ice, and is used primarily for
that purpose, and
(c) is designed to be self-propelled;
3. OPERATION OF OFF-ROAD VEHICLES BANNED WITHIN RESTRICTED AREAS
3.1
Subject to section 4, no person shall operate an Off-Road Vehicle anywhere
within 30 meters of the boundaries of any Restricted Area within the Town of
Carberry.
4. EXCEPTIONS TO BAN WITHIN RESTRICTED AREAS
4.1
Section 3.1 does not apply to the operation of an Off-Road Vehicle
4.1.1 by the RCMP or any other Peace Officer;
4.1.2 by employees or agents of the Town of Carberry or of a public utility
while the vehicle is engaged in work on behalf of the Town of
Carberry or a public utility which requires the use of the Off-Road
Vehicle;
4.1.3 in accordance with a declaration regarding the operation of
snowmobiles as part of a snow emergency declared by the
municipality;
4.1.4 on property owned or occupied by the Municipality if the operator
can provide evidence that the Chief Administrative Officer has
authorized the operation and the operation is in compliance with
that authorization.
4.1.5 By the Carberry North Cypress-Langford Fire Department members
or those ordered by the Fire Chief or designate.
5. OPERATION OF ORV'S ON MUNICIPAL ROADWAYS
5.1
Subject to section 6 of this By-Law, Off-Road Vehicles may be operated upon
Municipal Roadways within the Town of Carberry.
6. CONDITIONS FOR OPERATION OF ORV'S ON MUNICIPAL ROADWAYS
6.1
Operation of ORV's on Municipal Roadways shall be subject to the following
conditions:
6.1.1 it is the most direct route to and from the residence or other place
of origin and the destination residence or other destination within
the limits of the Municipality, or the limits of the Town of Carberry;
and
6.1.2 does not exceed a speed of 30 kilometers per hour, and
6.1.3 is operated by a person over the age of 16 years, and the Off-Road
Vehicle is licensed and registered under The Off-Road Vehicle Act,
and
6.1.4 is operated by a person wearing on their head a properly adjusted
and securely fastened helmet in compliance with the requirements
contained in the regulations under The Off-Road Vehicle Act, and
6.1.5 is not operated in a careless manner or without due care and
attention, and
6.1.6 is not operated without reasonable consideration for other persons
and property or in a manner likely to cause damage or injury to other
persons and property.
7. OPERATION OF ORVS ON PEDESTRIAN THOROUGHFARES
7.1
Operation of ORVs on pedestrian thoroughfares is expressly prohibited at all
times unless excepted under the clauses in 4.1.
8. CAO MAY PERMIT ORV OPERATION ON MUNICIPAL LAND
8.1 The Chief Administrative Officer is empowered to authorize the operation of off-
road vehicles on Recreational Lands within the Town of Carberry after taking into
account:
8.1.1 The risks to people and wildlife posed by the operation of the Off-
Road Vehicle on the land; and
8.1.2 The likelihood that the operation of the Off-Road Vehicle on the land
will prove to be a cause of annoyance or inconvenience to residents
and others.
9. CONDITIONS ORV PERMIT ON MUNICIPAL LAND
9.1 The authorization given to the CAO under section 7.1 of this By-Law may be
qualified or conditional and, without restricting the generality of the foregoing, may
be granted:
9.1.1 to all Off-Road Vehicles, specific types of Off-Road Vehicles, or
specific Off-Road Vehicles;
9.1.2 to specific types of operators of Off-Road Vehicles or particular
individual operators of Off-Road Vehicles;
9.1.3 for specific times of day or specific times of the year;
9.1.4 on condition that the operator take steps to minimize the risks of
harm or annoyance resulting from the operation of the Off-Road
Vehicle;
9.1.5 on condition that the operator obtain liability insurance of a type and
in an amount sufficient, in the opinion of the Chief Administrative
Officer, to protect the operator, the Municipality and others from any
harm or damage resulting from the operation of the Off-Road
Vehicle; or
9.1.6 on condition that the operator provide the Municipality with an
indemnity, sufficient in the opinion of the Chief Administrative
Officer to save the Town of Carberry harmless from any harm or
damage resulting from the operation of the Off-Road Vehicle.
10. ENFORCEMENT, CONTRAVENTION AND FINES
10.1
The Municipality and/or the Officer may take whatever action or measures
are necessary to remedy a contravention of this by-law in accordance with the
Municipality's General Enforcement By-law, as amended from time to time,
and the Municipality's enforcement policy and procedures.
10.2
Any person who contravenes or disobeys or refuses or neglects to obey or
comply with any provision of this by-law or any order made under this by-law
and/or the Municipality's General Enforcement By-law, as amended from time
to time, is guilty of an offence and is liable to fines and penalties as set out in
the Municipality's General Enforcement By-law, as amended from time to time.
11. SEVERABILITY
11.1
If any provision of this by-law is held to be invalid by any court of competent
jurisdiction, the remaining provisions of the by-law shall not be invalidated.
12. REPEAL
12.1
By-Law 09/2022 and any amendments hereto is hereby repealed in its entirety.
DONE AND PASSED by the Council of the Town of Carberry in Council duly assembled, at the
Town of Carberry, Manitoba, this 12th day of November, 2024.
TOWN OF CARBERY
Original signed by Ray Muirhead
Mayor
Original Signed by Grady Stephenson
CAO
Reading a First time this 8th day of October 2024
Reading a Second time this 8th day of October 2024
Reading a Third time this 12th day of November 2024