38 (1) In this section, “centre point of an intersection” is the point where the centre line of the through part or parts of a controlled-access highway meets the centre line of or the centre line of the prolongation of any other highway that intersects or meets the controlled-access 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. 38 (1). 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 a controlled-access highway or upon or within 395 metres of the centre point of an intersection; (b)  place any tree, shrub or hedge within 45 metres of any limit of a controlled-access highway or within 395 metres of the centre point of an intersection; (c)  sell, offer or expose for sale any vegetables, fruit or other produce or any goods or merchandise upon or within 45 metres of any limit of a controlled-access highway or within 395 metres of the centre point of an intersection; (d)  place, erect or alter any power line, pole line or other transmission line within 400 metres of any limit of a controlled-access highway; (e)  display any sign, notice or advertising device, whether it contains words or not, other than one sign not more than sixty centimetres by thirty centimetres in size displaying the name or the name and occupation of the owner of the premises to which it is affixed or the name of such premises within 400 metres of any limit of a controlled-access highway; (f)  use any land, any part of which lies within 800 metres of any limit of a controlled-access 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; or (g)  construct or use any private road, entranceway, gate or other structure or facility as a means of access to a controlled-access highway.  R.S.O. 1990, c. P.50, s. 38 (2); 2019, c. 8, Sched. 5, s. 4. No authorization by others (3) No person shall authorize or permit any act prohibited by subsection (2).  R.S.O. 1990, c. P.50, s. 38 (3). Application (4) 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. 38 (4); 2002, c. 17, Sched. F, Table. Order not regulation (4.1) An order made by the Minister under subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 128 (7). Direction to remove, etc. (5) 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, hedge, power line, pole line or other transmission line 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 maintained as a means of access to a controlled-access highway, in contravention of subsection (2).  R.S.O. 1990, c. P.50, s. 38 (5). Exception (6) Clause (5) (b) does not apply to a portable sign.  R.S.O. 1990, c. P.50, s. 38 (6). Direction to remove (7) Where a portable sign is displayed contrary to the provisions of 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. 38 (7). Removal of sign (8) Where a sign in respect of which a direction is given under subsection (7) 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. 38 (8). Compensation (9) Where a direction given under subsection (5) 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 any road, tree, shrub, hedge, power line, pole line or other transmission line, sign, notice or advertising device, private road, entranceway, gate or other structure or facility was placed, erected, altered, constructed or used, 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 controlled-access 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. 38 (9). Procedure (10) Every claim for such compensation shall be determined in accordance with subsections 14 (2) to (5).  R.S.O. 1990, c. P.50, s. 38 (10). Permits (11) 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. 38 (11). Fee (12) 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. 38 (12). 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 (7) - 25/07/2007 2019, c. 8, Sched. 5, s. 4 - 06/06/2019