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Copyright © 2006: Queens Printer,
Consolidated Newfoundland Regulation 1996
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.
1. Short title
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
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
1. These regulations may be cited as the Timber Scaling Regulations.
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.
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.
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.
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.
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.
Manner of certification
7. (1) The board may certify a timber scaler to scale timber measured
(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.
Administration of examinations
8. All examinations toward the requirements for a scaler's certificate shall be administered by the chief scaler.
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.
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.
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.
Expiration of certificate
12. The scaler's certificate expires on March 31 following the date of issue unless otherwise stated.
13. Fees for scaler's examinations and certificate renewal shall be as prescribed by the minister.
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.
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:
(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.
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.
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.
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.
Payment for scaling
19. When timber is scaled for the purpose of payment, the following units of measure apply:
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.
Location of scaling
21. Timber shall be scaled in the immediate harvest area unless otherwise determined by a forestry official.
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.
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.
24. Contravention of these regulations is an offence punishable in accordance with sections 139 and 140 of the Act.
25. The Timber Scaling Regulations, Newfoundland Regulation 168/93, are repealed.
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