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TOWN OF PICTOU
OFF-HIGHWAY VEHICLES BY-LAW
BE IT RESOLVED that this By-Law, known as the Off-Highway Vehicles By-Law for
the Town of Pictou be enacted effective this 22nd day of April 2025.
TITLE
1. This By-Law may be cited as the "Off-Highway Vehicles By-Law".
DEFINITIONS AND INTERPRETATION
2. In this By-Law:
(a) "Council" means the Council of the Town of Pictou;
(b) "CAO" has the same meaning as in the Municipal Government Act, S.N.S. 1998
c. 18, of the Province of Nova Scotia or successor legislation as may be enacted
from time to time;
(c) "Emergency Response Personnel" includes personnel of police departments
or forces, fire departments or brigades, registered emergency service
providers, search, and rescue organizations, provincial, regional, or municipal
emergency measures organizations, ambulance or emergency health services
providers and includes volunteer or military personnel responding to an
apparent condition of emergency;
(d) "Event" means a rally, derby, race, truck pull, mud bog or any gathering of any
manner whatsoever of Off-Highway Vehicles for an organized entertainment
purpose, whether or not there are spectators;
(e) "Exhibition Event" means an Event running concurrently with the Pictou-
North Colchester Exhibition and on lands of the Pictou Agricultural Society or
their successors or assigns pursuant to section 9 of this By-Law;
(f) "Highway" means a public highway, street, lane, road, alley, park, beach, or
place, including the bridges thereon and private property that is designated to
be and is accessible to the general public for the operation of a motor vehicle;
(g) "Off-Highway Vehicle" means a snow vehicle, all-terrain vehicle, motorcycle,
mini-bike, four-wheel-drive or low-tire-pressure vehicle, dune buggy, or any
Vehicle used for an off-highway Event or Exhibition Event, pursuant to the
Motor Vehicle Act, R.S., c. 293 or the Off-Highway Vehicles Act, R.S., c. 323;
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(h) "Occupier" has the same meaning as in the Off-Highway Vehicles Act, R.S., c.
323, of the Province of Nova Scotia or successor legislation as may be enacted
from time to time;
(i) "Peace Officer" means a member of the Provincial Police as defined in the
Police Act, S.N.S. 2004, c. 31;
(j) "Permit" means a permit for an Event or an Exhibition Event issued pursuant
to this By-Law;
(k) "Person" means a body corporate or politic, or party;
(l) "Policy Officer" means any employee of the Town or other employee in
connection with the Town charged with enforcement of policies and/or By-
Laws of the Town, including, without limitation, a By-Law enforcement officer;
(m) "Registered Vehicle" means an Off-Highway Vehicle or a Vehicle that is
registered with the Registrar pursuant to the Motor Vehicle Act, R.S., c. 293 or
the Off-Highway Vehicles Act, R.S., c. 323;
(n) "Registrar" means the Registrar of Motor Vehicles;
(o) "Road Trail" means the shoulder and travelled portion of a Highway
designated under this Bylaw, but does not include a ditch;
(p) "Town" means the Town of Pictou; and
(q) "Vehicle" has the same meaning as in the Motor Vehicle Act, R.S. c. 293 of the
Province of Nova Scotia or successor legislation as may be enacted from time
to time, regardless of whether it is a Registered Vehicle.
APPLICATION
3. This By-Law is enacted pursuant to Section 172 of the Municipal Government Act,
S.N.S. 1998, c. 18, the Road Trails Act, S.N.S 2023, c. 4, and applies to Off-Highway
Vehicles operated within the Town.
4. Compliance is required with the Off-Highway Vehicles Act, R.S., c. 323 and other
applicable provincial statutes, federal laws, or By-Laws of the Town.
5. This By-Law is intended to add to, and not to conflict with or subtract from, the
requirements contained in valid provincial or federal legislation and regulations
in force from time to time and shall be interpreted accordingly.
6. This By-Law does not apply to:
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(a) employees or agents of the Town, the Province of Nova Scotia, the Government
of Canada, public utilities as defined by the Public Utilities Act, R.S.N.S. 1989, c.
380, while performing their duties;
(b) a Person or a corporation, or an agent or employee of such Person or
corporation, reasonably performing work at the request of any party
described in section 5(a);
(c) Off-Highway Vehicles used in snow removal or snow clearing operations;
(d) Off-Highway Vehicles used by Emergency Response Personnel; or
(e) Off-Highway Vehicles used for maintenance of Town-owned or Town-
maintained athletic or recreation fields, park areas or school grounds.
GENERAL
Designation
7. (a) The Town hereby designates all of Haliburton Road, Browns Point Road, West
River Road, Weaver Road, Church Street, Water Street, Front Street, Caladh
Avenue, Market Street, George Street, Coleraine Street, Commercial Street, Kempt
Street, Creighton Street and Depot Street as a Road Trail within the meaning of
Section 5 of the Road Trails Act.
(b) Jitney Trail beginning at the point on the West where the Town Gut as defined
by An Act to Incorporate the Town of Pictou, 1873, c. 30, intersects with provincial
highway 376, and proceeding in an easterly direction to the point where the Jitney
Trail intersects with the Browns Point Road.
Public Property
8. Subject to section 4, no Person shall operate an Off-Highway Vehicle on Town or
public property, excepting:
(a) designated streets;
(b) crossing a sidewalk to leave or enter a permanent driveway;
(c) lawful parking, loading, or unloading;
(d) authorized construction or maintenance; or
(e) where an Event Permit or an Exhibition Event Permit has been issued
pursuant to this By-Law.
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Private Property
9. No Person shall operate an Off-Highway Vehicle on private property, excepting
operation by the landowner or Occupier or with the written permission of the
landowner or Occupier, provided that such operation does not constitute an Event
or an Exhibition Event.
EXHIBITION EVENT PERMIT
10. No Event or Exhibition Event shall occur on lands owned by the Pictou
Agricultural Society, their assigns or successors, particularly, but without
limitation, PID #'s 00983189, 65148132 and 65186686, excepting one
Exhibition Event per calendar year running not more than one day and operating
concurrently with the Pictou-North Colchester Exhibition, and the Pictou
Agricultural Society must obtain an Exhibition Event Permit prior to the
Exhibition Event.
11. The Pictou Agricultural Society may make application to t h e C A O for an
Exhibition Event Permit. The CAO may refuse to grant the Exhibition Event
Permit or may grant the Exhibition Event Permit applied for or may grant an
Exhibition Event Permit of lesser effect. Any Exhibition Event Permit so granted
shall require the Pictou Agricultural Society to:
(a) provide hydrocarbon spill kits on site for use in the event of leaks or spills;
(b) engage the Pictou Fire Department to be on call to handle fluids leaking;
(c) create and use supervised and protected fueling areas for Off-Highway
Vehicles;
(d) if required, to excavate and close the site as specified by the Town under direct
supervision of the Town;
(e) restrict Exhibition Event parking within 10 metres of the Town well located
adjacent to the named properties in section 9 herein;
(f) deposit with the Town an amount prescribed within the Town's fee policy for
associated costs of enhanced monitoring of the Town well located adjacent to
the named properties in section 10;
(g) restore grounds to pre-Exhibition Event conditions, including, without
limitation, site closure, and store off site temporary structures and equipment
associated with the Exhibition Event within 4 days of the last day of the annual
Pictou-North Colchester Exhibition in a manner that is not in violation of
federal or provincial statutes or other By-Laws of the Town;
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(h) contain litter, dust and garbage resulting from the Exhibition Event; and
(i) abide by any other terms and conditions as Council deems appropriate,
including, without limitation, specification of the day of the week and hours of
the day during which the Exhibition Event Permit shall be effective and
confirmation in writing by the CAO or his designate before becoming effective.
12. An application for an Exhibition Event Permit shall be filed with the CAO or his
designate on the application form prescribed in Schedule A of this By-Law not
later than ten weeks prior to the proposed date of the Exhibition Event with said
application being accompanied by a fee prescribed within the Town fees policy as
amended from time to time.
13. The Pictou Agricultural Society may appeal to Council denial of an Exhibition
Event Permit, or a decision to grant an Exhibition Event Permit of lesser effect
made by the CAO, and the appellant shall:
(a) file a notice of appeal in writing within 15 business days setting out the
grounds of appeal, such notice which shall be provided to the CAO;
(b) the CAO shall prepare a recommendation report and schedule a Council
meeting within 15 business days of receipt;
(c) Council shall consider and allow or refuse the appeal, by resolution; and
(d) the CAO shall notify the appellant in writing of the decision of Council.
EVENT PERMIT
14. Any Person may make application to Council for an Event Permit. Any Event
Permit so granted shall require the Person to abide by the terms and conditions set
out in the Permit so granted. Council, by resolution, may refuse to grant the Event
Permit or may grant the Event Permit applied for or may grant an Event Permit of
lesser effect. Any Event Permit so granted shall:
(a) identify with particularity the geographic boundaries of the Event site;
(b) specify the time period, the day(s) of the week, and the hours of the day during
which the Event Permit shall be effective;
(c) be confirmed in writing by the CAO or his designate before becoming effective;
and
(d) include such terms and conditions as Council deems appropriate.
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15. In considering an Event Permit application under section 14, including terms and
conditions thereof, Council shall assess:
(a) the social, recreational, or economic benefit of the proposed use for which the
Event Permit is sought;
(b) the actual or potential competing or alternative uses for the site and their
compatibility with the proposed use for which the Event Permit is sought;
(c) volume, nature, duration, and consistency of noise emission from the
proposed use for which the Event Permit is sought;
(d) the proximity and nature of abutting or adjacent land uses;
(e) the hours of operation of the proposed use for which the Event Permit is
sought;
(f) compliance with all provisions of the Off-Highway Vehicles Act, particularly,
but without limitation, sections 12A (Wetland, watercourse, dune, barren, or
other sensitive area) and 12B (Beach, core habitat, park or protected or
ecological site);
(g) any effect on the Town's drinking-water supply area protection; and
(h) balancing of the applicant interests against any negative effect resulting from
the Event.
16. Event Permits do not apply and shall not be granted to the Pictou Agricultural
Society or their assigns or successors in connection with the Pictou-North
Colchester Exhibition.
17. An application for an Event permit shall be filed with the CAO or his designate not
later than six weeks prior to the proposed date of the Event with said application
being accompanied by a fee as prescribed within the Town fees policy as amended
from time to time.
OFFENCE ENFORCEMENT AND PENALTY
18. No Person shall contravene or fail to comply with any provision of this By-Law.
19. This By-Law may be enforced, at the discretion of the Town, by any Peace Officer
or Policy Officer, in accordance with the procedures set out in the Municipal
Government Act or by means of a Summary Offence Ticket under the Municipal
Government Act or Summary Proceedings Act.
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20. The Summary Proceedings Act, where applicable, shall apply to proceedings under
this By-Law.
21. Except as otherwise provided in this By-Law, any Person who violates any of the
provisions of the By-Law or who suffers or permits any act or thing to be done in
contravention of this By-Law, or who refuses, omits, fails to comply with or
neglects to fulfill, observe, carry out or perform any duty or obligation imposed by
this By-Law, shall be liable upon summary conviction:
(a) for the first offence to a penalty of not less than One Hundred Dollars
($100.00) and of not more than Ten Thousand Dollars ($10,000.00) or
imprisonment for a period of not more than six (6) months or both;
(b) for the second offence to a penalty of not less than Three Hundred Dollars
($300.00) and of not more than Ten Thousand Dollars ($10,000.00) or
imprisonment for a period of not more than six (6) months or both;
(c) for the third or subsequent offence to a penalty of not less than Five Hundred
Dollars ($500.00) and of not more than Ten Thousand Dollars ($10,000.00) or
imprisonment for a period of not more than six (6) months or both.
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CAO ANNOTATION
I certify that the above OFF-HIGHWAY VEHICLE BY-LAW was adopted by Pictou
Town Council at duly called meetings and was published as indicated below.
______________________
Deputy Clerk
Bylaw Adoption
First Reading
April 7, 2025
Advertisement of Notice of Intent to Consider
April 7, 2025
Second Reading
April 22, 2025
Ministerial Approval of By-law
Advertisement of Passage of By-law
Version
Number
Amendment Description
Council Approval Date
1
Original
May 27, 2013
2
Allow OHV on certain streets so that they may
access some town amenities
April 22, 2025
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