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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 987/96

CONSOLIDATED NEWFOUNDLAND REGULATION 987/96

Timber Scaling Regulations
under the
Forestry Act
(O.C. 96‑452)

Under the authority of section 141 of the Forestry Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   All timber to be scaled

        4.   Certification required

        5.   Methods of scaling

        6.   Duty of timber scaler

        7.   Manner of certification

        8.   Administration of examinations

        9.   Application for examination

      10.   Responsibilities of timber scaler

      11.   Oath or affirmation required

      12.   Expiration of certificate

      13.   Fees

      14.   Cancellation of certificate

      15.   Renewal of certificate

      16.   Monthly returns

      17.   Non‑interference with scaler

      18.   Measurements checked

      19.   Payment for scaling

      20.   Other measurement

      21.   Location of scaling

      22.   Removal of timber

      23.   Statement re timber

      24.   Offence

      25.   Repeal


Short title

        1. These regulations may be cited as the Timber Scaling Regulations.

168/93 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Forestry Act;

             (b)  "board" means the Timber Scalers Board established under the Act;

             (c)  "board foot" means board foot measure as determined by the Newfoundland Log Rule;

             (d)  "department" means the department presided over by the minister;

             (e)  "green ton" means 1000 kilograms of timber including water;

              (f)  "manual" means the most recent Manual of Scaling Instructions as approved by the board;

             (g)  "minister" means the minister appointed under the Executive Council Act to administer this Act; and

             (h)  "oven dry ton" means 1000 kilograms of timber excluding water that is not hygroscopically bonded.

168/93 s2

All timber to be scaled

        3. (1) All timber cut for commercial purposes on forest land in the province shall be scaled by a timber scaler before being manufactured.

             (2)  All timber cut on Crown land or public land upon which a royalty is due and payable to the Crown shall be scaled by a timber scaler before being manufactured.

             (3)  An individual who manufactures timber that is required to be scaled before it is scaled is guilty of an offence and is liable upon summary conviction to a fine of not less than the value of the timber manufactured.

168/93 s3

Certification required

        4. A person shall not scale timber for the purpose of the Act and the regulations without having first been certified to do so by the board and obtained a certificate to that effect.

168/93 s4

Methods of scaling

        5. (1) The methods used in the scaling of timber shall be those specified in the manual.

             (2)  Changes may be made to the manual with the approval of the board.

168/93 s5

Duty of timber scaler

        6. It shall be the duty of every timber scaler to measure fairly and correctly to the best of his or her ability all timber that the timber scaler is asked to measure in accordance with the procedures outlined in the manual.

168/93 s6

Manner of certification

        7. (1) The board may certify a timber scaler to scale timber measured

             (a)  collectively;

             (b)  as individual units;

             (c)  by mass; or

             (d)  by these categories, in combination.

             (2)  The board may further restrict scaler certification to reflect specific limitations as to the types of timber that may be scaled and the purpose for which timber may be scaled.

             (3)  Every certificate shall be in the form prescribed by the board and shall specify the class and type of timber within the class that the holder is authorized to scale.

168/93 s7

Administration of examinations

        8. All examinations toward the requirements for a scaler's certificate shall be administered by the chief scaler.

168/93 s8

Application for examination

        9. A candidate for examination must make written application to the board providing the information that may be required by the board.

168/93 s9

Responsibilities of timber scaler

     10. It is the responsibility of a timber scaler to

             (a)  scale only those types of timber endorsed on the scaler's certificate;

             (b)  make all necessary deductions to allow for defects as prescribed in the manual;

             (c)  become familiar with any new techniques or measurement units that may have been developed since the scaler was licensed;

             (d)  know the conditions and specifications of sale or purchase for any timber the scaler is required to scale;

             (e)  know how to identify the commercially valuable tree species in log or bolt form common to the area;

              (f)  ensure that all scaling instruments and measuring tapes being used are properly calibrated and in good repair and of a type approved by the Newfoundland Forest Service;

             (g)  supervise, instruct and counsel an assistant under the scaler's supervision;

             (h)  be responsible for work done by an assistant under the scaler's supervision;

              (i)  successfully complete a required refresher course to retain scaling privileges;

              (j)  keep those records and submit monthly returns as directed by the minister or a forestry official and make records and returns available upon request; and

             (k)  accurately check the work of other scalers when requested to do so.

168/93 s10

Oath or affirmation required

     11. Before receiving a timber scaler's certificate, a candidate must complete an oath or an affirmation as prescribed by the board.

168/93 s11

Expiration of certificate

     12. The scaler's certificate expires on March 31 following the date of issue unless otherwise stated.

168/93 s12

Fees

     13. Fees for scaler's examinations and certificate renewal shall be as prescribed by the minister.

168/93 s13

Cancellation of certificate

     14. Failure to perform duties or to scale timber in accordance with the manual, the regulations or the Act may result in cancellation of a scaler's certificate by the board.

168/93 s14

Renewal of certificate

     15. (1) In order to have a certificate renewed, a scaler must measure at least minimum volumes over the previous 3 year period as follows:

 

Class "A"

Minimum Volume

Pulpwood

1000 cubic metres (stacked)

Bulk Scaling (tree length)

1000 cubic metres (stacked)

Class "B"

Minimum Volume

Sawlogs

30,000 fbm

Construction timber

100 cubic metres

Class "C"

Minimum Volume

Pulp chips

N/A over‑dry tons N/A green tons

Fuel chips

N/A oven‑dry tons N/A green tons

             (2)  Failure to meet these minimum requirements shall result in refusal to renew the certification until the scaler has completed a scaling course as approved by the board.

168/93 s15

Monthly returns

     16. A timber scaler shall make monthly returns to the Newfoundland Forest Service in the form and containing the information that the minister prescribes and failure to do so may lead to suspension or cancellation of a scaler's licence.

168/93 s16

Non‑interference with scaler

     17. A person shall not hinder, obstruct or interfere with a timber scaler in the discharge of his or her duties.

168/93 s17

Measurements checked

     18. (1) A timber scaler in the employ of the Newfoundland Forest Service may check another scaler's measurements and procedures without interference.

             (2)  Results of the original scale and the check scale must be presented to the chief scaler.

168/93 s18

Payment for scaling

     19. When timber is scaled for the purpose of payment, the following units of measure apply:

 

Timber

Unit of Measure

Pulpwood

Cubic metre (stacked) or cubic metre (solid)

Fuelwood

Cubic metre (stacked) or cubic metre (solid)

Tree lengths
(when scaled collectively)

Cubic metre (stacked) or cubic metre (solid)

Sawlogs

Board foot or cubic metre (solid)

Construction timber

Cubic metre (solid)

Tree length
(when scaled individually)

Cubic metre (solid)

Pulp chips

Green ton or oven dry ton

Biomass (fuel chips)

Green ton or oven dry ton

168/93 s19

Other measurement

     20. The use of indirect measurements and/or conversion factors in the scaling of timber are not permitted except where procedures for verification and use have been approved by the board.

168/93 s20

Location of scaling

     21. Timber shall be scaled in the immediate harvest area unless otherwise determined by a forestry official.

168/93 s21

Removal of timber

     22. Where a logger is paid on the basis of scaled volume, timber may not be removed from the immediate harvesting area until it has been scaled or written permission for another scaling location is given by the logger.

168/93 s22

Statement re timber

     23. Where a logger requests, a timber scaler shall provide the logger with a signed statement concerning all timber that the scaler has measured for the purpose of payment to the logger and it shall contain

             (a)  pile numbers;

             (b)  pile measurements;

             (c)  the volume deducted for defects; and

             (d)  gross and net scale.

168/93 s23

Offence

     24. Contravention of these regulations is an offence punishable in accordance with sections 139 and 140 of the Act.

168/93 s24

Repeal

      25. The Timber Scaling Regulations, Newfoundland Regulation 168/93, are repealed.