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60 |
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First
Session, 50th General Assembly 71 Elizabeth II, 2022 |
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AN ACT TO AMEND THE
FORESTRY ACT |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE DERRICK BRAGG Minister of Fisheries, Forestry and Agriculture |
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Ordered to be printed by
the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would amend the Forestry Act to · remove references to the Timber Scalers Board and authorize the chief scaler to fulfil the requirements and perform the duties of the board; and · incorporate gender-neutral language. A BILL AN ACT TO AMEND THE FORESTRY ACT Analysis 1.
S.2 Amdt. 2.
S.3 Amdt. 3.
S.3.1 Amdt. 4.
S.7 Amdt. 5.
S.12 Amdt. 6.
S.21 Amdt. 7.
S.27 Amdt. 8.
S.33 Amdt. 9.
S.39 Amdt. 10.
S.40 Amdt. 11.
S.44 Amdt. 12.
S.48 Amdt. 13.
S.52 Amdt. 14.
S.54 Amdt. 15.
S.55 Amdt. 16.
S.59 Amdt. 17.
S.63 Amdt. 18.
S.64 Amdt. 19. S.98 Amdt. 20.
S.99 Amdt. 21.
S.101 Amdt. 22.
S.108.1 Amdt. 23.
S.113 Amdt. 24.
S.119 Amdt. 25.
S.119.1 Added 26.
S.121 Amdt. 27.
S.123 Rep. 28.
S.124 R&S 29.
S.125 R&S 30.
S.126 Amdt. 31.
S.127 Amdt. 32.
S.128 Amdt. 33.
S.129 Amdt. 34.
S.130 Amdt. 35.
S.131 R&S 36.
S.134 Amdt. 37.
S.136 Amdt. 38.
S.137 R&S 39.
S.138 Amdt. 40.
S.141 Amdt. 41.
S.142 Amdt. 42.
S.147 Amdt. 43.
S.149.1 Amdt. 44.
S.150 Amdt. 45.
S.151 Amdt. 46.
S.152 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cF-23 1. Paragraph 2(m.2) of the Forestry Act is amended by deleting the words "his or her
behalf" and substituting the words "behalf of the Crown or the
person". 2. Subsection 3(2) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". 3. Subsection 3.1(2) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". 4. Subsection 7(3) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". 5. Subsection 12(5) of the Act is amended by
deleting the words "his or her" wherever they appear and substituting
the words "the holder's". 6. Section 21 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the minister's". 7. (1) Subsection 27(1.1) of the Act is amended by (a) deleting the words "he or she" and substituting the words "the person"; and (b) deleting the words "him or her" wherever they appear and substituting the words "the person". (2) Subsection 27(2) of the Act is amended by deleting the words "his or her". (3) Subsection 27(3) of the Act is amended by (a) deleting the words "his or her"; and (b) deleting the words "him or her" and substituting the words "the person". (4) Subsection 27(3.1) of the Act is amended by deleting the words "his or her". (5) Subsection 27(5.2) of the Act is amended by (a) deleting the words "he or she" and substituting the words "the person"; and (b) deleting the words "him or her" and substituting the words "the person". 8. Subsection 33(3) of the Act is amended by (a) deleting the words "his or her" and substituting the words "the person's"; and (b) deleting the words "him or her" and substituting the words "the person". 9. Paragraph 39(d) of the Act is amended by deleting the words "his or her" and substituting the words "the person's". 10. Section 40 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's". 11. Section 44 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the word "their". 12. Subsection 48(7) of the Act is amended by deleting the words "him or her" and substituting the words "the minister". 13. Subsection 52(3) of the Act is amended by deleting the words "his or her" and substituting the words "the assessor's". 14. Section 54 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's". 15. Subsection 55(2) of the Act is amended by deleting the words "to him or her" and substituting the words "under subsection (1)". 16. Subsection 59(1) of the Act is amended by deleting the words "he or she" and substituting the words "the appellant". 17. Subsection 63(1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's". 18. Subsection 64(1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's". 19. Subsection 98(5) of the Act is amended by deleting the words "he or she" and substituting the words "the forestry official". 20. Subsection 99(1) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". 21. Subsection 101(7) of the Act is amended by deleting the words "he or she" and substituting the words "the person". 22. Section 108.1 of the Act is amended by deleting the words "he or she" and substituting the words "the forestry official". 23. Section 113 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the minister or forestry official". 24. (1) Paragraph 119(a) of the Act is repealed. (2) Paragraph 119(d) of the Act is repealed and the following substituted: (d) "chief scaler" means the person designated under section 119.1; 25. The Act is amended by adding immediately after section 119 the following: Chief scaler 26. Section 121 of the Act is amended by deleting the words "his or her" and substituting the words "the timber scaler's". 27. Section 123 of the Act is repealed. 28. Section 124 of the Act is repealed and the following substituted: Duties of chief scaler 124. The chief scaler shall perform the following duties: (a) examine the ability
and knowledge of persons who apply to be certified to scale timber; (b) issue certificates
to persons found after examination to be qualified to scale timber; (c) issue renewals of
certificates to persons who are qualified under this Part to scale timber; (d) notwithstanding
subsection 129(2), revoke or suspend or refuse to renew certificates issued
under this Part where after a hearing the chief scaler is satisfied that a
person no longer has the ability or knowledge to scale timber; (e) hear appeals made
under subsection 137(1); (f) recommend to the
minister new scaling methods before they are used; and (g) those other duties
that may be assigned to the chief scaler by the minister. 29. Section 125 of the Act is repealed and the following substituted: Examinations 125. (1) Examinations for a scaler's certificate shall be held at the places and on the dates fixed by the chief scaler. (2) Before being
accepted for examination by the chief scaler, a candidate for a scaler's
certificate shall (a) have at least 6
months' experience as an assistant to a timber scaler or be a forestry graduate
of a university or technical school recognized for the purposes of this Part by
the chief scaler; (b) have attended a
course in scaling timber that has been approved by the chief scaler; and (c) provide the chief
scaler with the information that may be prescribed by the regulations. (3) Notwithstanding
paragraph (2)(a), a candidate for a scaler's certificate who does not have 6
months' experience as an assistant to a timber scaler may be accepted for
examination by the chief scaler where the chief scaler considers that the
candidate has had equivalent experience. 30. Section 126 of the Act is amended by deleting the word "board" wherever it appears and substituting the words "chief scaler". 31. Section 127 of the Act is amended by deleting the word "board" wherever it appears and substituting the words "chief scaler". 32. Section 128 of the Act is amended by deleting the word "board" and substituting the words "chief scaler". 33. Subsection 129(2) of the Act is amended by deleting the word "board" and substituting the words "chief scaler". 34. Section 130 of the Act is amended by deleting the word "board" and substituting the words "chief scaler". 35. Section 131 of the Act is repealed and the following substituted: Oath 131. A timber scaler shall, upon appointment and before
beginning the timber scaler's duties, take the oath of office, in the form
prescribed by the minister, before a person empowered to administer oaths and
the oath shall immediately be transmitted to the chief scaler. 36. Section 134 of the Act is amended by deleting the word "board" wherever it appears and substituting the words "chief scaler". 37. (1) Section 136 of the Act is amended by adding immediately after subsection (3) the following: (3.1) The chief scaler shall not perform the services of the official scaler referenced in subsection (3). (2) Subsection 136(4) of the Act is amended by deleting the words "him or her" and substituting the words "the minister". 38. Section 137 of the Act is repealed and the following substituted: Appeal to chief scaler 137. (1) A party to a dispute under section 136 may appeal the decision of an official scaler to the chief scaler. (2) The chief scaler may
compel the official scaler to appear before the chief scaler as a witness. (3) The decision of the chief scaler in an appeal submitted to the chief scaler under subsection (1) is final. 39. Section 138 of the Act is amended by deleting the word "board" and substituting the words "chief scaler". 40. Paragraph 141(g) of the Act is amended by deleting the word "board" and substituting the words "chief scaler". 41. Subsection 142(2) of the Act is amended by deleting the words "he or she" and substituting the words "the minister or forestry official". 42. Subsection 147(4) of the Act is amended by deleting the words "he or she" and substituting the words "the minister or forestry official". 43. Section 149.1 of the Act is amended by deleting the words "he or she" and substituting the words "the forestry official". 44. Section 150 of the Act is amended by deleting the words "his or her" and substituting the words "the forestry official's". 45. Section 151 of the Act is amended by deleting the words "he or she" and substituting the words "the forestry official". 46. Section 152 of the Act is amended by deleting the words "his or her" and substituting the words "the person's". ©Queen's Printer |