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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

“Board” means the Board of Examiners appointed under this Act;(bureau)

“Crown Lands” means all or any part of the lands vested in the Crown that are under the administration and control of the Minister and includes any water upon or under the surface of such lands;(terres de la Couronne)

“Department” means the Department of Natural Resources;(ministère)

“marketing” means buying, selling or offering for sale, and includes advertising, financing, assembling, storing, packing, shipping and transporting in any manner;(commercialisation)

“Minister” means the Minister of Natural Resources;(Ministre)

“primary forest products” means any of the commercially valuable raw material obtained from a forest, including roundwood;(produits forestiers de base)

“Producer Association” includes marketing boards, co-operatives and other associations established for the marketing of primary forest products;(association de producteurs)

“scale” means to measure primary forest products;(mesurer)

“scaler” means any person licensed by the Minister to scale primary forest products.(mesureur)

Application of Act

1(2)This Act applies only to the scaling of primary forest products

(a) cut on Crown Lands; or

(b) marketed through a Producer Association.

1986, c.8, s.116; 2004, c.20, s.60

BOARD OF EXAMINERS

Appointment of Board of Examiners

2The Lieutenant-Governor in Council may appoint a Board of Examiners consisting of two members who are employed within the Department, one of whom shall be designated as chairperson of the Board and the other designated as secretary, one member who is representative of the New Brunswick Federation of Wood Producers Inc. and one member who is a representative of the New Brunswick Forest Products Association Inc.

1994, c.68, s.1

Duties of Board

3(1)The Board shall examine candidates for licenses to scale primary forest products and shall perform such other duties as are assigned to it by the Lieutenant-Governor in Council.

Quorum

3(2)Two members of the Board constitute a quorum.

Oath of office

4Before performing any duties as a member of the Board of Examiners, a person appointed under section 3 shall take an oath of office in the manner and form prescribed by regulation.

1994, c.68, s.2

Repealed

5Repealed: 1994, c.68, s.3

1994, c.68, s.3

EXAMINATIONS

Examinations

6(1)For the purpose of holding examinations, the Board shall sit at such places and at such dates as are fixed by the Minister.

6(2)Candidates shall present themselves before the Board on the examination day fixed and an examination fee as prescribed by regulation, payable to the Minister of Finance, shall be collected.

6(3)Candidates shall have attained the age of nineteen years and shall satisfy the Board that they have had two years experience in scaling primary forest products before being permitted to take the examination.

6(4)Within sixty days from the close of the examination the Board shall transmit to the Minister the names of such candidates as it believes are trustworthy and of good character, who have passed a satisfactory examination, and are recommended as being qualified to scale all classes of primary forest products or to scale only specified types of primary forest products.

6(5)The Board may establish the method and program of examinations.

1983, c.7, s.18; 1985, c.4, s.61

LICENSES

Scaler’s licenses

7(1)The Minister may issue scaler’s licenses as recommended by the Board under subsection 6(4).

7(2)The Minister may prescribe the form of a scaler’s license.

Necessity of oath of office

8A license shall be deemed not to have been issued until the candidate has taken the oath of office in the manner and form prescribed by regulation and has filed the oath with the secretary of the Board.

Necessity to hold license

9Subject to section 10, no person, other than a scaler who holds a license under section 7, shall act as a scaler with respect to the scaling of primary forest products.

Special license

10(1)Where the Minister is satisfied that the services of a licensed scaler are not procurable, the Minister may issue a special license to a competent person authorizing the person to scale primary forest products.

10(2)The Minister may prescribe the form of a special license.

10(3)A special license shall be deemed not to have been issued until the person has taken the oath of office in the form and manner prescribed by regulation and has filed the oath with the secretary of the Board.

10(4)A special license issued under subsection (1) shall not extend beyond the date of the next scaler’s examination.

10(5)No more than two special licenses shall be issued under subsection (1) to any one person.

1994, c.68, s.4

DUTIES OF SCALERS

Duties of scaler

11A scaler shall scale fairly and correctly, to the best of the scaler’s ability and in accordance with the regulations, all primary forest products that the scaler is employed to scale.

1994, c.68, s.5

Inspection of books and records of measurement

12Scalers shall submit their books and records of measurement for the inspection of an officer of the Department authorized by the Minister when called upon to do so, and shall furnish any information and documents that the officer may require.

Sworn return

13When required to do so by the Minister, a scaler shall make a sworn return upon forms supplied by the Department, which return shall contain certified copies of the measurements on which the return is based.

CANCELLATION OF LICENSES

Cancellation of licence

14(1)If a scaler

(a) neglects or refuses to comply with the provisions of this Act or the regulations, or

(b) is convicted of an offence under this Act,

the Minister, upon the advice of the Board, may cancel the scaler’s license.

14(2)A license shall not be cancelled by the Minister under subsection (1) without extending to the licensee the opportunity to be heard by the Board.

1994, c.68, s.6

OFFENCES

Offences and penalties

15A scaler who wilfully makes false measurements or makes false returns in the discharge of the scaler’s duties under this Act commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

1987, c.6, s.102; 1990, c.61, s.128

Offences and penalties

16A person who hinders, obstructs or interferes with a scaler in the discharge of the scaler’s duties commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

1990, c.61, s.128

Offences and penalties

17A person who violates section 9 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

1990, c.61, s.128

GENERAL

Repealed

18Repealed: 1983, c.83, s.1

1983, c.83, s.1

Regulations

19The Lieutenant-Governor in Council may make regulations

(a) respecting the method of measurement to be adopted by scalers in scaling primary forest products;

(b) respecting the duties of the Board;