P-5 - Signboards and Posters Act

Full text
chapter P-5
Signboards and Posters Act
SIGNBOARDS AND POSTERSJune 17 1988September 15 1989
Repealed, 1988, c. 14, s. 34.
1988, c. 14, s. 34.
1. This act shall apply to the whole territory of Québec, save that comprised within the limits of cities and towns.
R. S. 1964, c. 135, s. 1.
2. In this act:
(1)  The word “posters” or “poster” means any printing, writing, drawing, painting, lithograph or representation by any process whatsoever, placed so as to be seen by the public and used for notices, announcements, advertisements or publicity; but does not include:
(a)  Posters issued by public authority;
(b)  Notices which the law requires to be posted up;
(c)  Posters which an owner, lessee or occupant of a building places thereon to announce the profession, art, trade, industry or other occupation carried on therein by him, the sale of farm products, the sale of the products which he manufactures or any other products sold on the premises, as well as the sale or lease of the immoveable of which such building is a dependency;
(d)  Posters which an owner or lessee of a restaurant, hotel, boarding-house or bungalows (chalets), situated along a road which the Minister of Transport maintains but at a distance therefrom, places near the said road for the purpose of indicating the place where his establishment is situated. In such case, the owner or lessee may have only one poster put up near the road on his property and such poster shall not be more than 1 m in length nor more than 60 cm in width;
(e)  Election posters of a candidate at a Dominion, provincial, municipal or school election;
(f)  Posters on the occasion of a religious or patriotic demonstration;
(g)  Posters to announce an agricultural exhibition;
(h)  Inscriptions in cemeteries;
(i)  Inscriptions of a historical nature authorized by the Minister of Transport;
(j)  Direction or stop signs placed or authorized by the Minister of Transport;
(k)  The posters which a telephone, telegraph or electric power company places on its poles to indicate danger or to indicate the places where its offices are situated, provided that these posters are not rigid, but encircle the poles in whole or in part;
(2)  The expression “road which the Minister of Transport maintains” has the same meaning as that attributed to it by section 38 of the Roads Act (chapter V-8).
R. S. 1964, c. 135, s. 2; 1972, c. 54, s. 32; 1984, c. 47, s. 213.
3. Subject to the provisions of sections 4 and 7, it is forbidden to put up a poster so as to be seen from a road which the Minister of Transport maintains, except in the cases where:
(a)  The poster is placed at a distance of at least 30 m from such a road and provided its length does not exceed 3 m nor its width 2,50 m;
(b)  The poster is placed at a distance of at least 60 m from such a road and provided its length does not exceed 7,60 m nor its width 4 m;
(c)  The poster is placed at a distance of at least 90 m from such a road and provided its length does not exceed 15 m nor its width 5 m.
In all such cases, the poster must be placed at most 1,50 m from the ground on a structure erected solely for that purpose, and it must bear the name and address of its owner.
R. S. 1964, c. 135, s. 3; 1972, c. 54, s. 32; 1984, c. 47, s. 213.
4. A poster installed along a road which the Minister of Transport maintains, advertising a restaurant or a hotel, under a contract passed prior to the first of February, 1933, between the owner, lessee or occupant of such hotel or restaurant and a person, firm or corporation engaged in the business of constructing or installing posters, may be placed at a distance of not less than 7,60 m from such a road during the term of such contract, provided that the length of such poster does not exceed 1,50 m nor its width 1 m.
A copy of such contract had to be transmitted to the Minister of Roads prior to 14 October 1933.
R. S. 1964, c. 135, s. 4; 1972, c. 54, s. 32; 1984, c. 47, s. 213.
5. Whenever it is permitted under this act to put up a poster, no poster may be erected:
(a)  At less than 300 m from an already-existing poster;
(b)  At less than 180 m from the crossing of two roads or from the crossing of a vehicular road and a railway track;
(c)  Facing a turn or sharp change in the direction of the road.
R. S. 1964, c. 135, s. 5; 1984, c. 47, s. 213.
6. A poster must be removed by its owner upon the request of the Minister of Transport whenever the latter deems that such poster hides or disfigures the scenery or view or is detrimental to an observation station which the said Minister has established.
R. S. 1964, c. 135, s. 6; 1972, c. 54, s. 32.
7. The Minister of Transport may, by an order published in the Gazette officielle du Québec, prohibit, in the place which he designates, the putting up of posters which may be seen from a road which the Minister of Transport maintains, and, in such case, it is forbidden to put up a poster in such places.
R. S. 1964, c. 135, s. 7; 1972, c. 54, s. 32.
8. Subject to the provisions of the following paragraph, the owners of posters erected before 1 February 1933, in the case of posters the putting up of which is prohibited under this Act, had to remove or demolish them before 1 December 1934.
In the case provided for in section 4, the owners of the posters contemplated by the said section 4 must remove or demolish them within the eight days following the expiry of the said contract.
R. S. 1964, c. 135, s. 8.
9. If an infringement of this act be committed, the following persons shall be liable to the penalties enacted by section 10:
(a)  The owner, lessee or occupant of the ground on which the poster is erected;
(b)  The person, firm or corporation for whose benefit the poster was erected;
(c)  The person, firm or corporation who or which undertook the erecting of such poster for the benefit of another person, firm or corporation.
R. S. 1964, c. 135, s. 9.
10. Every infringement of any provision of this Act shall render the offender liable, in addition to the costs, to a fine of not more than $15 for a first offence, and of not less than $20 nor more than $60 in the case of any subsequent offence.
R. S. 1964, c. 135, s. 10; 1986, c. 58, s. 67.
11. The court which pronounces the sentence shall order that the poster which is the subject of the conviction be removed or destroyed within a delay of eight days from the date of the sentence, and at the expense of the person, firm or corporation convicted.
R. S. 1964, c. 135, s. 11.
12. Nothing in this act shall have the effect of permitting the putting up of any poster prohibited by any other act.
R. S. 1964, c. 135, s. 12.
13. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 135 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter P-5 of the Revised Statutes.