Trails Act General Regulations

c t TRAILS ACT GENERAL REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to November 26, 2022. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Trails Act General Regulations Section 1 c TRAILS ACT Chapter T-4.1 GENERAL REGULATIONS Pursuant to section 14 of the Trails Act R.S.P.E.I. 1988, Cap. T-4.1, Council made the following regulations: 1. Definitions In these regulations (a) “Act” means the Trails Act R.S.P.E.I. 1988, Cap. T-4.1; (a.1) “at large” means not under control and includes unleashed; (b) “permit” means a permit issued by the trail manager under subsection 2(4); (b.1) revoked by EC104/22; (c) “Prince Edward Island Snowmobile Association Inc.” means the body corporate of that name incorporated under the Companies Act R.S.P.E.I. 1988, Cap. C-14; (d) revoked by EC104/22; (e) revoked by EC104/22 (EC760/03; 308/06; 104/22) 2. Offences (1) Within the right-of-way occupied by the Confederation Trail, no person shall (a) cut, destroy or remove trees, hedgerows, shrubs or other vegetation; (b) plant or otherwise introduce plants on the Confederation Trail; (c) add or remove topsoil, sand, gravel or any other organic or inorganic material; (d) construct or erect buildings, signs, fences, walls, dams, drainage systems or other structures of any kind; (e) remove, damage or deface gates, benches, shelters or other structures erected along the Confederation Trail or at entrances or exits to the Confederation Trail; (f) remove or damage the Confederation Trail surface, Confederation Trail bed, bridges or any other surface or sub-surface features or structures of the Confederation Trail; (g) display any kind of advertisement, carry on any type of business or offer for sale any article or service; (h) hunt or place traps or snares; (i) except where otherwise authorized by law, transport any type of unencased firearm that is loaded or unloaded; c t Current to: November 26, 2022 Page 3 Section 2 Trails Act General Regulations (j) pollute or obstruct any stream or body of water; (k) start, maintain or renew a fire, other than in grills or containers provided or contrary to provincial fire laws; (l) allow a dog or other animal to run at large; or (m) operate any conveyance drawn by an animal, unless the person holds a permit authorizing the person to do so. Offence and penalty (1.1) Every person who contravenes clause 2(1)(l) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $200 and not more than $2,000. Prohibition, trail (2) No person shall ride a bicycle on a trail unless the person (a) is wearing a bicycle safety helmet; and (b) has the chin strap securely fastened. Prohibition, parent or guardian (3) No parent or guardian of a person under 16 years of age shall authorize or knowingly permit that person to ride or operate a bicycle on a trail unless the person (a) is wearing a bicycle safety helmet; and (b) has the chin strap securely fastened. Offence and penalty (3.1) Every person who contravenes subsections (2) or (3) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100 and not more than $1000. Exception (4) Notwithstanding subsection (1), the trail manager may engage in activities prohibited in subsection (1), section 3 or section 3.01 or issue a permit to other persons to do so, where such activity is, in the opinion of the trail manager, (a) necessary for the proper management or maintenance of the Confederation Trail; or (b) necessary to recognize specific needs or activities of adjacent property owners, where such activities are not otherwise prohibited by any other enactment. (EC760/03; 308/06; 104/22) 2.1 Safe distance from pedestrians (1) Every operator of a bicycle or a power-assisted bicycle shall at all times keep a safe distance from pedestrians and other users of a trail and shall give way to pedestrians and other users of a trail by slowing or stopping, as necessary, where there is insufficient space for the operator of the bicycle or the power-assisted bicycle to pass in safety. Speed (2) A bicycle or a power-assisted bicycle shall not be operated on a trail at a speed that is markedly greater than the speed of pedestrians or other users of a trail who are proximate to the bicycle or power-assisted bicycle. Page 4 Current to: November 26, 2022 t c Trails Act General Regulations Section 3 Bell, horn (3) Every operator of a bicycle or a power-assisted bicycle shall sound a bell or horn on the bicycle or power-assisted bicycle whenever it is reasonably necessary to notify cyclists, pedestrians or other users of a trail of its approach. Lighted lamps at front, rear (4) Every operator of a bicycle or a power-assisted bicycle shall, when operating the bicycle or power-assisted bicycle at any time from one-half hour before sunset to one-half hour after sunrise and at any other time where, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles are not clearly visible at a distance of 150 metres or less, ensure the bicycle or power-assisted bicycle has a lighted lamp at the front displaying a white or amber light, and at the rear either a reflector or a lighted lamp displaying a red light. Safe operation (5) A bicycle or a power-assisted bicycle shall not be operated in a manner that may harm, injure or damage, either directly or indirectly, any person or property. (EC104/22) 2.2 Offence and penalty Every person who contravenes section 2.1 is guilty of an offence and is liable, on summary conviction, to a fine of not less than $200 and not more than $2,000. (EC104/22) 3. Motorized vehicles No person shall operate a motorized vehicle on the Confederation Trail unless the person (a) is operating a snowmobile and is doing so in accordance with and during the term of a lease agreement between the Government of Prince Edward Island and the Prince Edward Island Snowmobile Association Inc.; (b) is operating a motorized mobility aid during the period beginning April 1 in a year and ending November 30 in that year; (b.1) is operating a power-assisted bicycle during the period beginning April 1 in a year and ending November 30 in that year; (c) is operating a police or highway safety vehicle or an emergency vehicle, including fire, ambulance and search and rescue vehicles, in respect of an emergency; (c.1) is operating a law enforcement vehicle for the purpose of conducting routine patrols; (d) is operating a trail maintenance vehicle; or (e) holds a permit which authorizes the person to operate the motorized vehicle on the trail. (EC760/03; 308/06; 104/22) 3.01 Motorized vehicle on active transportation pathway No person shall operate a motorized vehicle on an active transportation pathway unless the person (a) is operating a motorized mobility aid; (b) is operating a power-assisted bicycle; (b.1) is operating an electric kick-scooter as defined in clause 1(1)(b) of the Highway Traffic Act Electric Kick-Scooters Regulations (EC863/22); (c) is operating a police or highway safety vehicle or an emergency vehicle, including fire, ambulance and search and rescue vehicles, in respect of an emergency; c t Current to: November 26, 2022 Page 5 Section 4 Trails Act General Regulations (d) is operating a law enforcement vehicle for the purpose of conducting routine patrols; (e) is operating a pathway maintenance vehicle; or (f) holds a permit which authorizes the person to operate the motorized vehicle on the active transportation pathway. (EC104/22; 887/22) 3.1 Offence and penalty Every person who contravenes section 3 or section 3.01 is guilty of an offence and is liable, on summary conviction, to a fine of not less than $300 and not more than $3,000. (EC308/06; 104/22) 4. Signs The Minister may authorize signs to be posted on the Confederation Trail by the trail manager or the trail manager’s agent to (a) prescribe maximum rates of speed for snowmobiling; (b) permit, regulate or prohibit parking of any vehicle at Confederation Trail access points; (c) require stops by a snowmobile, bicycle or power-assisted bicycle; (d) close the Confederation Trail or sections of it; (e) limit the hours during which the Confederation Trail or a section of it may be used; (f) warn Confederation Trail users of particular hazards or conditions; (g) direct or control the use of the Confederation Trail by pedestrians or vehicles; (h) permit, regulate or prohibit use of the Confederation Trail or sections of it by persons riding or leading saddled horses. (EC760/03; 104/22) Page 6 Current to: November 26, 2022 t c