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Sonic Devices Regulations

made under Section 15 of the

Farm Practices Act

S.N.S. 2000, c. 3

O.I.C. 2012-279 (August 31, 2012), N.S. Reg. 169/2012


Citation

1          These regulations may be cited as the Sonic Devices Regulations.


Definitions

2          In these regulations,

 

“firing” means a discharge of sound from a sonic device;

 

“in use”, in relation to a sonic device, means being fired or ready for immediate firing;

 

“sonic device” means any machinery that is able to produce sound of greater than 100 decibels in volume and is used to protect crops from bird[s] and other animals.


Minimum separation from property, road or path

3          (1)       Except as provided in subsection (2), and unless consent to a shorter distance is given under subsection (3), there must be a distance of at least 175 m  (575 ft.) between a sonic device in use and any of the following:

 

                        (a)       a private property other than the property on which the sonic device is located;

 

                        (b)       a public road or public pathway.

 

            (2)       For a sonic device that is set to emit sound of 100 decibels or less, the minimum separation distance is 125 m (410 ft.).

 

            (3)       An affected property owner may consent in writing to a shorter minimum distance than that required by subsection (1) or (2), and may change or revoke their consent at any time.


Minimum separation distance between sonic devices

4          There must be a distance of at least 75 m (245 ft.) between any 2 sonic devices in use.


Placing directional sonic device

5          (1)       In this Section, “directional sonic device” means a sonic device that emits most of its generated sound in 1 general direction.



 

            (2)       A person must not point a directional sonic device at any of the following:

 

                        (a)       a structure built for storage or residence purposes;

 

                        (b)       a public road or public pathway.


Permitted times for firing sonic device

6          (1)       A sonic device may be fired only during the period between 30 minutes before sunrise and 30 minutes after sunset.

 

            (2)       For the purpose of this Section, sunrise and sunset times for a given day are as published by a federal government department or a local newspaper for the geographical location closest to the location of the sonic device.


Maximum discharge frequency

7          (1)       In this Section, “activation” of a sonic device means 2 or 3 firings from the device within a 30-second period.

 

            (2)       The maximum frequency at which a sonic device may be fired is either

 

                        (a)       1 firing every 5 minutes; or

 

                        (b)       11 activations every hour.


Monitoring requirements

8          (1)       An owner of a sonic device or the owner’s designate must check the device at least once a week to ensure that it meets the requirements of these regulations, and in particular must check all of the following:

 

                        (a)       the volume level at which the device is set;

 

                        (b)       the times during which the device is programmed to be in use;

 

                        (c)       the frequency at which the device is being fired.

 

            (2)       An owner of a sonic device or the owner’s designate must provide the name, address, telephone number and e-mail address of each person who uses the sonic device to the Department of Agriculture through the regional office of the Department that is nearest to the owner’s location.