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Part II .

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Advertising Signs Regulations

made under

Section 49 of the

Public Highways Act

R.S.N.S. 1989, c. 371

O.I.C. 2001-331 (July 13, 2001, effective July 15, 2001), N.S. Reg. 89/2001

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 152/2015

Citation

1 These regulations may be cited as the Advertising Signs Regulations .

Purpose

2 The purpose of these regulations is to provide a level of management of advertising

signage along highways to preserve and enhance the beauty of the countryside, provide a

useful and accurate way of providing information to travellers and to ensure sign

placement and installation is carried out in a safe and fair manner.

Definition

3 In these regulations

(a) “Act” means the Public Highways Act ;

(b) “advertisement” has the same meaning as set out in subsection 49(7) of the

Act;

(c) “display” means to erect, maintain, paste, paint or expose.

Scope of regulations

4 Except as provided in

Section 4A and

Section 13,

(

a) where a highway is designated as a controlled access highway, no person shall

display an advertisement that is designed to be viewed from the highway upon

or within 1000 m from the centre line of the travelled portion of the highway;

(

b) where a highway has not been designated as a controlled access highway, no

person shall display an advertisement that is designed to be viewed from the

highway upon or within 1000 m from the centre line of the travelled portion of

the highway unless the person holds a license that is in force in respect of the

advertisement.

Section 4 amended: O.I.C. 2009-289, N.S. Reg. 232/2009.

Minister may authorize advertisement for Canada Winter Games

4A For the purpose of advertising the 2011 Canada Winter Games, the Minister may authorize

an advertisement that is designed to be viewed from a controlled access highway to be

displayed within 1000 m from the centre line of the travelled portion of the highway.

Section 4A added: O.I.C. 2009-289, N.S. Reg. 232/2009.

Issue of license and number of signs authorized

(1) The Minister may issue a license to any person authorizing the display of not more

than 4 advertisements on or adjacent to highways, of which not more than 2

advertisements shall be on or adjacent to any one highway approach to the place

designated or named in the license, where the advertisements are related to

(

a) accommodations that are licensed under the Tourist Accommodations Act ;

(

b) restaurants engaged in the serving of regular meals that are operated in

compliance with the law in force respecting their operation;

(

c) tourist attractions, including businesses, facilities or sites whose primary

purpose is satisfying the needs of visitors from outside the immediate area and

where the sale of goods is of a secondary nature, including museums, historic

sites, national and Provincial parks, theme and amusement parks, cultural

attractions, natural phenomena, attractions, outdoor recreation facilities, guided

tours, genealogical and historic centres and animal and plant attractions;

(

d) establishments where artisanal products are produced or exhibited, including

galleries, craft studios and artists’ studios;

(

e) establishments where seafood and aquaculture products are held, hatched and

reared for sale to the public;

(

f) farm market establishments that sell agricultural products;

(

g) winery establishments that are issued permits under the Liquor Control Act ,

where wine is made and sold to the public;

(

h) craft, antique and gift shops that sell products to the public;

(

i) local and Provincial visitor information centres; or

(

j) temporary special events and festivals,

provided that tourist attractions, businesses, facilities and sites set out in clauses (

a) to (

i) must be open a minimum of 5 days per week, 30 hours per week, and 90 days

during their normal operating season.

(2) The Minister may issue a license to the council of a municipality or town or the

commissioners of a village, authorizing the display of not more than one

advertisement respecting the municipality, town or village or a community, on or

adjacent to each main highway approach, where the advertisement calls attention to

and includes special reference to the attractions, goods and services available within

the regional municipality, town, village or community.

(3) The Minister may issue a license to a board of trade, service club, fraternal society or

other non-profit organization authorizing the display of not more than one

advertisement respecting the board, club, society or other organization, on or

adjacent to each main highway approach to the community in which the board, club,

society or organization functions.

Application

6 An application for a license or a license renewal shall

(

a) be in the form prescribed by the Minister; and

(

b) include the information required by the Minister; and

(

c) be accompanied by the fee prescribed in

Section 8.

Term and renewal of license

(1) Every license shall be numbered and dated with the date of issue.

(2) Every license shall expire 3 years from the date of issue, unless the licensee files a

license renewal application and pays the fee prescribed in clause 8(1)(

b) prior to the

expiry date.

License fees

(1) The following fees shall be paid to the Minister:

(

a) for an original license application to display a maximum

of 4 signs .............................................................................................. $154.50

Clause 8(1)(

a) amended: O.I.C. 2015-96, N.S. Reg. 152/2015.

(

b) for each license renewal application ...................................................... $25.75

Clause 8(1)(

b) amended: O.I.C. 2015-96, N.S. Reg. 152/2015.

(2) There is no fee charged for a license issued pursuant to subsection 5(2) or (3).

License conditions

(1) Where a license has been issued pursuant to

Section 5, the licensee shall not

(

a) display the advertisement in a location other than that set forth in the

application for the license; or

(

b) include in the advertisement any wording or other matter that differs

substantially from the wording or matter set forth in the application for the

license,

without written permission of the Minister.

(2) Where a license respecting an advertisement has been issued pursuant to

Section 5,

the Minister may at any time require a change in the location of the advertisement.

Sign sizes

10 An advertisement that is displayed on or adjacent to a highway

(

a) where the maximum speed limit is at or below 80 km/h, shall have a

maximum area of 3 m²;

(

b) where the maximum speed limit is greater than 80 km/h, shall have a

maximum area of 7.5 m².

Sign spacing

11 Advertisements that are displayed on or adjacent to a highway

(

a) where the maximum speed limit is at or below 80 km/h, shall be a minimum of

50 m apart;

(

b) where the maximum speed limit is greater than 80 km/h, shall be a minimum

of 100 m apart.

Distance limitation

12 An advertisement that is displayed on or adjacent to a highway shall be located within

50 km of the place or business to which the advertisement relates.

On-site signs

(1) Nothing in these regulations prohibits or requires a license for the display of an

advertisement

(

a) for a building that is a store, restaurant, canteen, service station, garage, hotel,

motel or other place in which a business is conducted,

(

i) upon the building, where the advertisement bears only

(

A) the name of the person by or on whose behalf the business is

conducted,

(

B) the general nature of the business, or

(

C) a description of the goods or services that are ordinarily offered in

the conduct of a business of the same general nature as the business

carried on in the building,

(ii) upon the lot of land on which the building is situated, where each

advertisement bears only

(

A) the name of the person by or on whose behalf the business is

conducted,

(

B) the general nature of the business conducted in the building, or

(

C) a description of the goods or services that are ordinarily offered in

the conduct of a business of the same general nature as the business

carried on in the building,

(iii) upon the lot of land on which the building is situated, but not further than

65 m from the nearest part of the building or other place in which a

business is conducted and having an area not in excess of 1.8 m 2 , where

the advertisement bears only

(

A) the name of the person on whose behalf the business is conducted,

(

B) the general nature of the business in the building, but not the trade

name, brand name, trade mark or other identification mark or

symbol of or relating to a specific brand or make of goods, except

that an advertisement for a service station or garage may bear the

name of the gasoline and the make of motor vehicle sold or

serviced at such service station or garage,

provided that the advertisement is not displayed upon a building other

than the building in which the business being advertised is conducted;

(

b) relating to offers of or requests for work;

(

c) that is a temporary advertisement of a church, social or local function;

(

d) of a public meeting;

(

e) of or relating to a federal, Provincial, town or municipal election; or

(

f) that is a temporary advertisement of not more than 4.6 m² in area offering real

property for sale [and that] is displayed on the property offered for sale and the

name of the seller is not displayed in letters that are larger or of a different

colour or style than the letters in the words “For Sale” or other words

expressing the offer to sell.

(2) No person shall display more than 2 advertisements pursuant to [sub]clause (1)(a)(ii)

upon a single lot of land.

(3) Within 7 days after the occurrence of an event that has been advertised by means of

an advertisement referred to in clauses (1)(

c) to (f), the person who displayed the

advertisement shall remove the advertisement.

(4) Within 30 days after a building referred to in clause (1)(

a) ceases to be a place in

which a business is conducted, the owner of such building shall remove all

advertisements that are displayed upon the building or upon the lot of land on which

the building is situated.

(5) This

Section shall apply only where there are no prevailing municipal land use by-laws in effect.

Transition

(1) These regulations apply to advertisements erected on and after July 15, 2001.

(2) These regulations apply to every advertisement for which there is no valid license

issued by the Minister and that is located 150 m or less from the centre line of the

travelled portion of a highway that is not within the boundaries of a city or town on

and after July 15, 2002.

(3) These regulations apply to every advertisement for which there is a valid license

issued by the Minister and that is located 150 m or less from the centre line of the

travelled portion of a highway that is not within the boundaries of a city or town on

and after July 15, 2003.

(4) These regulations apply to every advertisement that is located more than 150 m but

less than 1000 m from the centre line of the travelled portion of a highway that is not

within the boundaries of a city or town on and after July 15, 2006.

(5) These regulations apply to every advertisement that is located less than 1000 m from

the centre line of the travelled portion of a highway that is within the boundaries of a

city or town on and after July 15, 2006.

Enforcement

(1) The owner of an advertisement authorized under these regulations shall maintain it

in good and proper condition.

(2) Where, in the opinion of the Minister, or the Minister’s designate, an advertisement

is displayed without the proper authorization or is not maintained in good and proper

condition, the owner of the advertisement shall remove or repair it within 10 days

after receipt of a written request to do so from the Minister.