Nova Scotia Tartan Act

CHAPTER 318

OF THE

REVISED STATUTES, 1989

amended O.I.C. 90-987

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting the
Nova Scotia Tartan

Short title

1 This Act may be cited as the Nova Scotia Tartan Act. R. S., c. 318, s. 1.

"Tartan" defined

2 In this Act, "Tartan" means the Nova Scotia Tartan, consisting of the colours and proportions set out in an order in council dated the sixth day of September, 1955, and registered in the books of the Court of the Lord Lyon, Her Majestys Register Office, Edinburgh, on the seventh day of March, 1956. R. S., c. 318, s. 2.

Armorial bearings and emblem

3 The Tartan is an incident part of the armorial bearings of Nova Scotia and an emblem of the Province. R.S., c. 318, s. 3.

Use of Tartan

4 The use of the Tartan shall be governed by the limitations set forth in the order in council dated the sixth day of September, 1955. R.S., c. 318, s. 4.

Licence

5 (1) The Minister of Tourism and Culture may grant a licence to any person to manufacture the Tartan or to apply the design of the Tartan to any article, subject to the provisions of subsections (2) and (3).

Identifying mark required

(2) A person who under a licence granted pursuant to subsection (1) manufactures the Tartan or applies the design of the Tartan to any article shall mark or attach the name "Nova Scotia Tartan" upon or to the Tartan or the article, or such other identifying mark as may be approved by the Minister of Tourism and Culture.

Regulations

(3) The Governor in Council may make regulations establishing terms and conditions which will apply to the granting of a licence under subsection (1). R.S., c. 318, s. 5; O.I.C. 90-987.

Prohibited manufacture of Tartan or use of design

6 (1) No person shall, without a licence granted pursuant to Section 5, manufacture the Tartan or apply the design of the Tartan to any article.

Prohibited sale

(2) No person shall sell or offer for sale the Tartan or any article to which the design of the Tartan has been applied unless the Tartan or the article to which the design of the Tartan has been applied was manufactured by a person granted a licence pursuant to Section 5 and which has marked upon or attached thereto the name "Nova Scotia Tartan" or such other identifying mark as has been approved by the Minister of Tourism and Culture.

Right to attach identifying mark

(3) No person other than a person who has been granted a licence pursuant to Section 5 shall mark or attach the name "Nova Scotia Tartan" or any identifying mark which has been approved by the Minister of Tourism and Culture upon or to any article.

Material resembling Tartan

(4) No person shall sell or offer for sale any woven material so closely resembling the Tartan as to be mistaken for the Tartan. R.S., c. 318, s. 6; O.I.C. 90-987.

Offence and penalty

7 Any person who violates any of the provisions of Section 6 shall be guilty of an offence, and shall be liable to a penalty not exceeding five hundred dollars. R.S., c. 318, s. 7.

Act does not apply

8 This Act shall not apply to the sale of the Tartan or an article bearing the design of the Tartan which

[Office of the Legislative Counsel] [previous]
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2007 Crown in right of Nova Scotia. Updated April 4, 2007. Send comments to legc.office@gov.ns.ca.