NEWFOUNDLAND AND LABRADOR REGULATION 52/02

CNLR 1108/96 as amended

1. (1) Section 2 of the Cutting of Timber Regulations is amended by adding immediately after paragraph (c) the following

(c.1) "commercial timber" means timber, excluding wood chips and timber slabbed on one or more sides, that is cut for sale or barter;

(2) Section 2 of the regulations is amended by adding immediately after paragraph (j) the following:

(j.1) "highway" means a place or way, including a structure forming a part of the place or way, designed and intended for use by the public for the passage of traffic and includes all the space between the boundary lines of the place or way and forest access roads;

(3) Section 2 of the regulations is amended by adding immediately after paragraph (k) the following

(k.1) "load slip" means a written load slip document as described in section 3.1;

(4) Section 2 of the regulations is amended

(a) at paragraph (r), by deleting the word "and";

(b) by deleting the period at the end of paragraph (s) and substituting a semi colon and the word "and"; and

(t) "vehicle" means a device in, upon or in which a person, property or timber may be transported or drawn over a highway, land, water, snow, ice, marsh, swampland and other natural terrain and includes aircraft and air cushioned devices.

2. Section 3 of the regulations is amended by adding immediately after subsection (3) the following:

(4) A person shall not operate a vehicle on a highway in the province that carries a full or partial load of commercial timber without having in his or her possession a load slip that relates to that timber.

3. The regulations are amended by adding immediately after section 3 the following:

Load slip

3.1 (1) The minister shall establish the form and content required for a load slip in the province and the manner in which a load slip is to be carried and produced for inspection with respect to the timber to which it relates.

(2) A person who carries a load slip in accordance with subsection 3(4) that does not contain the information required under these regulations is guilty of an offence.

(3) Where a forestry official or other person who may carry out the enforcement of these regulations inspects a load slip and determines that the load slip is incorrectly completed, he or she shall require that the correct required information be provided on that load slip and that load slip shall not be considered to be in compliance with these regulations until approved by that forestry official or other person.

(4) The operator of a vehicle carrying commercial timber upon a highway shall, upon the request of a forestry official or other person who may carry out the enforcement of these regulations, produce the load slip applicable to that timber.

(5) A person required to produce a load slip under this section or who is inspected under these regulations shall provide all reasonable assistance to the forestry official or other person who requires that production or inspection.

(6) The operator of a vehicle carrying commercial timber upon a highway shall ensure that a properly completed load slip relating to that timber is delivered to the person in charge of the place to which that timber is to be delivered.

(7) A forestry official may establish a forestry check station for the purpose of inspecting load slips, cutting permits and timber carried on vehicles to ensure compliance with the Act and these regulations and the operator of a vehicle that is carrying timber shall stop at a forestry check station when directed to do so by a forestry official or by a sign posted by a forestry official.

Load slip administration

3.2 (1) The minister or forestry officials may issue load slips to persons for distribution and use in accordance with these regulations.

(2) A person who has been issued load slips under subsection (1) may distribute those load slips to his or her agent and that agent shall comply with these regulations as if he or she had been issued the load slips under that subsection.

(3) A person or agent who has been issued load slips under subsection (1) or (2) shall

(a) issue those load slips to those persons who require them in order to comply with these regulations;

(b) require identification satisfactory to him or her from the person receiving those load slips;

(d) when completed, return all load slips to the forestry office that issued them;

(e) at the request of the minister or a forestry official, return all load slips, whether or not completed;

(f) account for all load slips that are missing or cancelled; and

(g) return all load slips, whether used or unused, to the forestry office that issued them not later than April 30 of each year.

Employer and employee duties

3.3 (1) A person who receives load slips under section 3.2 may distribute those load slips to their agents or employees for use for the purposes of their employment.

(2) Where a vehicle carrying commercial timber to which a load slip applies changes operators, the new operator shall sign and date that load slip and upon signing, the responsibility for that timber passes to the new operator.

(3) Where timber to which a load slip applies is transferred from one vehicle to another, the change of vehicle shall be recorded by recording on that load slip the identification plate numbers and letters of the vehicle to which that timber was transferred.

(4) A person who receives commercial timber that has been moved over a highway in the province

(a) shall not accept that timber without a load slip that applies to that timber; and

(b) shall remit completed load slips received by him or her to the forestry office from which they were issued on or before the 20^th of the month following the month in which that commercial timber was received.

(5) Subsection (4) does not apply to a person who receives timber for personal domestic use.

4. Paragraph 6(1)(b) of the regulations is repealed and the following substituted:

(b) from private land by

(i) providing proof of that person's ownership of that land, or

(ii) providing proof of the ownership of that land as well as written proof of the permission from the owner of that land for that person to obtain that timber; or

5. Section 36 of the regulations is amended by

(a) renumbering it as subsection 36(1); and

(b) deleting the words and figures "section 3, 8, 12 or 13" and substituting the words and figures "subsection 3(1), (2), (3), section 8, 12 or 13"; and

(2) Where a person contravenes subsection 3(4) or section 3.1, 3.2 or 3.3 of these regulations, that person is guilty of an offence and liable on summary conviction

(a) where the summons is issued by means of a violation ticket and for a first offence, to a fine of not less than $500; and

(b) where the summons is for a subsequent offence and is not issued by means of a violation ticket, to a minimum fine of $1000 or to not more than 3 months imprisonment.