34 (1) In this section, “agricultural product” means an agricultural product that is not edible, an agricultural food product or a food product that is processed on a farm in Ontario from an agricultural food product; (“produit agricole”) “centre point of an intersection” is the point where the centre line of the through part or parts of the King’s Highway meets the centre line of or the centre line of the prolongation of any other highway that intersects or meets the King’s Highway; (“point central d’une intersection”) “portable sign” means a sign or advertising device that is not permanently attached to the ground, a building or a structure or that is designed to be moved from place to place. (“panneau portatif”)  R.S.O. 1990, c. P.50, s. 34 (1); 2008, c. 22, s. 1 (1). Interpretation, agricultural product (1.1) For the purposes of this section, an agricultural product that is processed on a farm in Ontario from an agricultural food product shall be deemed to be produced on the premises on which the agricultural food product is produced.  2008, c. 22, s. 1 (2). Roadside buildings, trees, signs, activities, etc. (2) Despite any general or special Act, regulation, by-law or other authority, no person shall, except under a permit therefor from the Minister, (a)  place, erect or alter any building, fence, gasoline pump or other structure or any road, or perform any grading upon or within 45 metres of any limit of the King’s Highway or upon or within 180 metres of the centre point of an intersection; (b)  place any tree, shrub or hedge within 45 metres of any limit of the King’s Highway or within 180 metres of the centre point of an intersection; (c)  display any sign, notice or advertising device, whether it contains words or not, within 400 metres of any limit of the King’s highway, other than, (i)  one sign not more than 60 centimetres by 30 centimetres in size displaying the name or the name and occupation of the owner of the premises where it is displayed or the name of the premises, (ii)  a maximum of two single-sided signs, each being not more than 122 centimetres by 122 centimetres in size and facing in different directions, or one single-sided sign not more than 122 centimetres by 244 centimetres in size if, (A)  the signs display information about the sale of agricultural products, other than tobacco, that are produced and offered for sale on the premises where the signs are displayed, and (B)  the signs are displayed on premises that is zoned for agricultural uses and that is not owned by the Crown in right of Canada or the public sector as defined in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996, or (iii)  a maximum of two single-sided signs, each being not more than 122 centimetres by 122 centimetres in size and facing in different directions, or one single-sided sign not more than 122 centimetres by 244 centimetres in size if, (A)  the signs display directions to a place where agricultural products produced in Ontario, other than tobacco, are offered for sale or information about the sale, (B)  the owner of the signs also owns or rents the land on which the agricultural products mentioned in sub-subclause (A) were produced, (C)  the signs are displayed on premises that is zoned for agricultural uses and that is not owned by the Crown in right of Canada or the public sector as defined in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996, and (D)  the signs are displayed only during the season during which the agricultural products mentioned in sub-subclause (A) are offered for sale; (d)  use any land, any part of which lies within 800 metres of any limit of the King’s Highway, for the purposes of a shopping centre, stadium, fair ground, race track, drive-in theatre or any other purpose that causes persons to congregate in large numbers; (e)  sell, offer for sale or display produce, goods or merchandise upon the King’s Highway; or (f)  construct or use any private road, entranceway, gate or other structure or facility as a means of access to the King’s Highway.  R.S.O. 1990, c. P.50, s. 34 (2); 2008, c. 22, s. 1 (3); 2019, c. 8, Sched. 5, s. 2. Direction to stop sales, etc. (3) The Minister may direct any person to stop selling, offering for sale or displaying any produce, goods or merchandise within 45 metres of any limit of the King’s Highway or within 180 metres of the centre point of an intersection and every person to whom such direction is given shall forthwith comply with the direction.  R.S.O. 1990, c. P.50, s. 34 (3). No authorization by others (4) No person shall authorize or permit any act prohibited by subsection (2).  R.S.O. 1990, c. P.50, s. 34 (4). Application (5) The Minister may order that subsection (2) or such clauses thereof as the Minister specifies do not apply within the limits of any local municipality or such parts thereof as the Minister specifies.  R.S.O. 1990, c. P.50, s. 34 (5); 2002, c. 17, Sched. F, Table. Order not regulation (5.1) An order made by the Minister under subsection (5) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 128 (6). Direction to remove, etc. (6) The Minister may direct any owner of land, (a)  to remove therefrom or alter thereon any building, fence, gasoline pump or other structure or any road, tree, shrub or hedge placed, erected or altered; (b)  to remove therefrom or alter thereon any sign, notice or advertising device displayed; or (c)  to close up any private road, entranceway, gate or other structure or facility constructed or used, in contravention of subsection (2).  R.S.O. 1990, c. P.50, s. 34 (6). Exception (7) Clause (6) (b) does not apply to a portable sign.  R.S.O. 1990, c. P.50, s. 34 (7). Direction to remove (8) Where a portable sign is displayed contrary to subsection (2), the Minister may direct, (a)  the owner of the portable sign, if the Minister is able to ascertain who and where the owner is; (b)  the person on whose behalf the portable sign is displayed, if clause (a) does not apply but the Minister is able to ascertain who and where that person is; or (c)  the owner of the land on which the portable sign is displayed, if clauses (a) and (b) do not apply, to remove the sign.  R.S.O. 1990, c. P.50, s. 34 (8). Removal of sign (9) Where a sign in respect of which a direction is given under subsection (8) is not removed within five days after the direction is given, the Minister may in writing authorize any person to enter upon the land involved and to do whatever is necessary to remove the sign.  R.S.O. 1990, c. P.50, s. 34 (9). Service of direction (10) Every direction given under subsection (3), (6), (8), 38 (5) or 38 (7) shall be in writing and shall be served personally or by registered letter and in the case of service by registered letter shall be deemed to have been received on the second day following its mailing.  R.S.O. 1990, c. P.50, s. 34 (10). Failure to comply with direction (11) Where a direction given under subsection (6) or 38 (5) is not complied with within thirty days after its receipt, the Minister may in writing authorize any person to enter upon the land involved to do whatever is necessary to comply with the direction.  R.S.O. 1990, c. P.50, s. 34 (11). No liability for damages (12) An authorization under subsection (9), (11) or 38 (8) is authority to the person named therein to enter on the land described therein and to remove the sign as directed and neither the Minister nor that person is liable for any damages that may be caused in effecting the removal.  R.S.O. 1990, c. P.50, s. 34 (12). Offence (13) Every person who contravenes subsection (2), (4), 38 (2) or 38 (3) or who fails to comply with a direction given under subsection (3), (6), (8), 38 (5) or 38 (7) is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $500 for a first offence and not less than $200 and not more than $1,000 for any subsequent offence.  R.S.O. 1990, c. P.50, s. 34 (13). Compensation (14) Where a direction given under subsection (6) has been complied with, the Minister shall make due compensation to the owner of the land if the building, fence, gasoline pump or other structure or a road, tree, shrub, hedge, sign, notice or advertising device was placed, erected or altered, as the case may be, (a)  before the 24th day of March, 1950, and in compliance with The Highway Improvement Act, being chapter 56 of the Revised Statutes of Ontario, 1937, and the regulations thereunder; (b)  before the day on which the King’s Highway was so designated and in compliance with The Highway Improvement Act that was in force on that day; or (c)  in compliance with a permit therefor, in which case the making of compensation is subject to the provisions of the permit.  R.S.O. 1990, c. P.50, s. 34 (14). Procedure (15) Every claim for such compensation shall be determined in accordance with subsections 14 (2) to (5).  R.S.O. 1990, c. P.50, s. 34 (15). Permits (16) The Minister may issue permits under this section in such form and upon such terms and conditions as he or she considers proper, and may in his or her discretion cancel any such permit at any time.  R.S.O. 1990, c. P.50, s. 34 (16). Fee (17) The Minister may prescribe the fee to be paid for any permit or class of permit under this section.  R.S.O. 1990, c. P.50, s. 34 (17). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 21, Sched. F, s. 128 (6) - 25/07/2007 2008, c. 22, s. 1 (1-3)
- 10/12/2008 2019, c. 8, Sched. 5, s. 2 - 06/06/2019