Acts and Regulations

83-190 - General

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 83-190
under the
Scalers Act
(O.C. 83-974)
Filed November 28, 1983
Under section 17 of the Scalers Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
1This Regulation may be cited as the General Regulation - Scalers Act.
2(1)In this Regulation
“accuracy” means the degree to which individual measurements are in agreement with an accepted reference value when taken under similar conditions;(exactitude)
“Act” means the Scalers Act;(Loi)
“bolt” means any primary forest product equal to or shorter than the 2.60 - m class;(billot)
“check scale” means a scale used as a standard for comparing the scaling of scalers for the purposes of maintaining a uniform level of scaling practices and providing a control over human error associated with scaling;(mesurage de vérification)
“contract” means a contract entered into between a Producer Association and a forest industry with respect to the purchase of primary forest products;(contrat)
“foreign material” means any material extraneous to primary forest products such as earth, ice, snow and branches, any of which add mass to a load of primary forest products;(matière étrangère)
“fuelwood” Repealed: 86-163
“licensee” means the holder of a Crown timber license and includes the holder’s executors, administrators, successors, heirs and assigns;(titulaire de permis)
“log” Repealed: 95-63
“mass” means the property of a body that is a measure of its inertia and that is commonly taken as a measure of the amount of material that it contains and that causes it to have weight in a gravitational field;(masse)
“precision” means the degree of similarity among a series of measurements taken under similar conditions;(précision)
“timber license” means a Crown timber license within the meaning of the Crown Lands and Forests Act;(permis de coupe)
“void” means an unnecessary space in a pile of primary forest products, large enough to accommodate at least the equivalent volume of the average bolt in the pile;(espace vide)
“wood processing facility” means a mill in which primary forest products are manufactured into secondary wood products.(établissement de transformation du bois)
2(2)In this Regulation
“cm” means centimetre;
“fbm” Repealed: 95-10
“kg” means kilogram;
“m” means metre;
“mm” means millimetre;
“m3” means cubic metre;
“m3(st)” means stacked cubic metre;
“m3/m3(st)” means cubic metre per stacked cubic metre;
“t” means tonne(s) or 1000 kg;
“>” means greater than;
“≤” means equal to or less than;
“=” means is equal to;
“=” means equals.
2(3)For the purposes of this Regulation
(a) length measurements of pulpwood are divided into 0.02-m units with the boundary between units on the odd number as illustrated below:
2.44-m class = > 2.43 – ≤ 2.45
2.46-m class = > 2.45 – ≤ 2.47
2.60-m class = > 2.59 – ≤ 2.61
(b) length measurements for logs are divided into 0.20-m units with the boundary between units on the odd number as illustrated below:
2.8-m class = > 2.7 – ≤ 2.9
3.2-m class = > 3.1 – ≤ 3.3
3.4-m class = > 3.3 – ≤ 3.5
(c) length measurements for poles, posts and pilings are divided into 0.6-m units with the boundary between units on the odd number as illustrated below:
7.0-m class = > 6.7 – ≤ 7.3
7.6-m class = > 7.3 – ≤ 7.9
8.2-m class = > 7.9 – ≤ 8.5
(d) length estimates for defects are divided into 0.5-m units with the boundary between units on the odd number as illustrated below:
0.5-m class = > 0.25 – ≤ 0.75
1.0-m class = > 0.75 – ≤ 1.25
1.5-m class = > 1.25 – ≤ 1.75
2(4)For the purposes of this Regulation, diameter measurements are divided into 2-cm units with the boundary between units on the odd numbers as illustrated below:
10-cm class = > 9 – ≤ 11
12-cm class = > 11 – ≤ 13
14-cm class = > 13 – ≤ 15
2(5)Repealed: 2014-19
86-163; 95-10; 95-63; 2003-78; 2014-19
I
ADMINISTRATION
3Repealed: 95-63
95-63
4Every oath of office required under the Act shall be sworn to in accordance with the Rules of Court of New Brunswick under the Judicature Act.
5(1)The oath of office to be taken by an examiner shall be in Form 1.
5(2)The oath of a candidate for a scaler’s license shall be in Form 2.
FEES
2011-37
5.1(1)For the purposes of subsection 8(1) of the Act, the fee for the issuance of a scaler’s license is $50.
5.1(2)For the purposes of section 8.1 of the Act, the fee for the renewal of a scaler’s license is $50.
2011-37; 2018-38
EXAMINATION FEE
Repealed: 2011-37
2011-37
6Repealed: 2011-37
95-63; 2011-37
II
APPLICATION
7This Part applies to the scaling of primary forest products cut on Crown Lands.
8A scaler shall scale all primary forest products by determining the volume of sound material and shall compensate for any defects determined in accordance with sections 14 to 23, 28 and 30 that occur but shall not consider any particular grade of lumber or any products that the sound material may produce.
86-163; 95-10
DUTIES OF SCALERS
9(1)Every scaler operating under this Part shall
(a) become familiar with the location and conditions of operations on all harvesting blocks as approved in the operating plan of a licensee under the Crown Lands and Forests Act where the scaler is to scale;
(b) make a scale report on each primary forest product cut on a harvesting block;
(c) ensure that all piles are numbered consecutively;
(d) ensure that the number marked on the face of each pile is in such a location as to be readily legible and seen from the road or trail being used;
(e) mark on the face of each pile in such a location as to be seen and readily legible from the road or trail the date on which the pile was scaled and the initials of the scaler; and
(f) in the case of piles of logs, have the number of pieces of each species contained in the pile marked on the end of the pile.
9(2)Where, in the opinion of a scaler, primary forest products contain such excessive defects that it is impossible to scale and obtain a reasonable measurement, the scaler may recommend to the Minister that the primary forest products be scaled at a wood processing facility.
9(3)Upon receipt of a recommendation of a scaler, the Minister may order that the primary forest products are to be scaled
(a) on the harvesting block, or
(b) at a wood processing facility.
9(4)Repealed: 95-63
9(5)Repealed: 95-63
9(6)Repealed: 95-63
95-63
UNITS OF MEASURE
10(1)Subject to subsections (2), (3) and (4),
(a) stacked cubic metre,
(b) cubic metre, or
(c) mass in either tonnes or kilograms
may be used as the unit of measure to scale any primary forest product.
10(2)The stacked cubic metre shall not be used as the unit of measure for logs, treelengths, poles, posts, pilings, weir stakes or such other primary forest products as the Minister may designate.
10(3)Repealed: 95-63
10(3.1)Repealed: 95-10
10(4)Ship’s knees, weir brush, ribbons and top poles shall be scaled and recorded by the piece.
10(5)Where the volume of primary forest products is converted from one unit of measure to another, the conversion factor shall be
(a) that conversion factor prescribed by Appendix A, or
(b) that conversion factor and method which the Minister may approve.
10(6)Where the mass of primary forest products is converted to volume, the conversion factor
(a) shall be a conversion factor approved by the Minister, and
(b) shall account for deductions for bark, moisture, rot and foreign material through sampling procedures approved by the Minister.
86-163; 95-10; 95-63; 2003-78
WIDTH OF PILE
11(1)Repealed: 95-85
11(2)Where a pile of primary forest products is scaled in stacked cubic metres, the width of the pile is the average length of the bolts in the pile.
11(3)A scaler shall determine the average length of bolts in a pile by measuring as many bolts as are necessary until satisfied that the average of such measurements is representative of the actual pile width.
11(4)Repealed: 95-85
11(5)Repealed: 95-85
89-135; 95-63; 95-85; 2003-78
PILING
12(1)All piles of primary forest products that are to be scaled shall have a minimum cleared space of one metre on every side.
12(2)Primary forest products to be scaled shall be piled as follows:
(a) primary forest products on which applications are made for special stumpage or royalty rates shall be piled separately from other primary forest products, unless the scaler has estimated the volume of the primary forest products from a pre-cut inspection,
(b) primary forest products with different royalty rates shall be piled separately,
(c) each pile of primary forest products shall contain only bolts of the same length,
(d) primary forest products that are to be scaled in stacked cubic metres shall be placed in piles containing not less than 2.00 m3(st),
(e) all piles of primary forest products that are to be scaled shall be placed on skids, and
(f) the length of each log shall be marked on the top end of the log by length class in such a manner as to be readily legible to the scaler.
12(2.1)A scaler may require primary forest products that are to be scaled in cubic metres to be piled separately by length class and species.
12(3)Where merchantable primary forest products are used for skids or bed logs, a scaler shall include their volume in the scaled volume.
12(4)Where primary forest products are to be scaled in stacked cubic metres,
(a) all hardwood species shall be piled separately from softwood,
(b) all hardwood species except poplar may be piled together,
(b.1) poplar shall be piled separately,
(c) all softwood species except cedar may be piled together, and
(d) cedar shall be piled separately.
12(5)Where the primary forest products are not piled in accordance with subsection (4), the scaler shall record the whole pile as the primary forest products having the greatest stumpage or royalty value.
86-163; 95-10; 95-63; 2003-78
SCALING OF PRIMARY FOREST PRODUCTS IN STACKED CUBIC METRES
13(1)Where primary forest products are to be scaled in stacked cubic metres, a scaler shall measure and record
(a) the height of the pile,
(b) the length of the pile, and
(c) the width of the pile.
13(2)A scaler shall determine the average length and height of a pile by making measurements on both the back and the front.
13(3)A scaler shall measure the height of a pile by placing the hook of a scale stick under the bottom of a bolt in the lowest rank or tier of the pile and reading the perpendicular height to the top of a bolt in the top rank or tier.
13(4)A scaler shall measure the height at regular intervals along the face of the pile and shall make the initial measurement at a point half the distance of the chosen interval from one end of the pile.
13(5)A scaler shall measure and record the height of a pile in 0.02-m units.
13(6)A scaler shall calculate and record the average height to the nearest 0.02-m unit.
13(7)The length of a pile is the distance between the exterior edges of the bolts on each end of the pile.
13(8)A scaler shall measure and record the length of a pile in 0.02-m units.
13(9)A scaler shall calculate and record the average length to the nearest 0.02-m unit.
13(10)Where a pile is on a slope, a scaler shall measure lengths parallel to the bottom of the pile and height perpendicular to the bottom of the pile.
13(11)A scaler shall measure and record the width of the pile in 0.02-m units.
13(12)A scaler shall calculate and record the average width to the nearest 0.02-m unit.
13(13)A scaler shall measure bolt or half-bolt diameters inside the bark along a plane perpendicular to the longitudinal axis of the bolt.
13(14)A scaler shall calculate and record the average bolt or half-bolt diameter to the nearest 2-cm unit.
13(15)Where the diameter of a scaled piece coincides with the boundary between classes, that piece shall be measured and recorded to the lower class.
13(16)Where a scaler has determined the length, width and height of a pile of primary forest products the scaler shall calculate the gross volume in stacked cubic metres by using the following formula:
GPV
=
L × H × W
 
where GPV
gross pile volume expressed with a precision of 0.01 m3 (st)
 
L
=
length of pile in metres
 
H
=
height of pile in metres
 
W
=
width of pile in metres
95-63
DEDUCTIONS FOR DEFECTS IN PRIMARY FOREST PRODUCTS SCALED IN STACKED CUBIC METRES
14(1)When making deductions for defects in primary forest products that are scaled in stacked cubic metres and that are less than 2.44 m in length, a scaler shall alternate the side of the piles on which measurements are made.
14(2)On uneven-numbered piles, a scaler shall measure defects on the side away from the road or trail, and on even numbered piles, a scaler shall measure defects on the side facing the road or trail.
14(3)A scaler shall make a deduction for a visible defect as if it extended through the length of the bolt.
15When making deductions for defects in primary forest products that are scaled in stacked cubic metres and that are 2.44 m in length or more, a scaler shall measure defects on both sides of the pile and shall make a deduction for each defect as if it extended for half the length of the bolt.
16Subject to section 17, a scaler shall measure the diameter of a defect or the average of two diameters if the defect is irregular and shall record the measurements in 2-cm units.
17Where several defects are scattered over the surface of the bolts, a scaler may
(a) make a deduction for one defect having a diameter equal to the square root of the sum of the products of the diameters of each defect, expressed to the nearest 2-cm unit, or
(b) make a deduction for each defect separately by its average diameter, expressed to the nearest 2-cm unit.
18Where the square of the diameter of a defect is greater than half of the square of the diameter inside bark of the end surface, the bolt or half-bolt is a cull and a scaler shall make a deduction equal to the total diameter of the bolt or half-bolt.
19A scaler may calculate the deduction for a defect or void
(a) subject to section 21 by determining the diameter and then determining the volume of the deduction from the tables contained in Appendix B, C, D, E, F, G, O, P, Q or R,
(b) by applying a percentage reduction of the gross volume, or
(c) by any other method which the Minister may approve.
89-135
20Where a void exists in a pile of primary forest products, a scaler shall make a deduction equal to the volume of the largest bolt that could reasonably be accommodated in the void.
21Where the diameter of a defect or void is not contained in Appendix B, C, D, E, F, G, O, P, Q or R, a scaler shall calculate the volume of the defect or void in a pile of primary forest products to be scaled in stacked cubic metres in accordance with the formula prescribed by Appendix B, C, D, E, F, G, O, P, Q or R.
89-135
22Where the length of the bolts or half-bolts is greater than or less than the value assigned to “L” for the formulas in Appendix B, C, D, E, F, G, O, P, Q or R, the values in the tables of Appendix B, C, D, E, F, G, O, P, Q or R, as the case may be, shall be correspondingly increased or decreased by the percentage that the length of the bolts or half-bolts exceeds or is less than the value assigned to “L”.
89-135; 2003-78
23(1)For all primary forest products, rot is a defect.
23(2)Red stain is not a defect.
SCALING OF PRIMARY FOREST PRODUCTS IN CUBIC METRES
24In sections 25 to 27
“piece” includes logs, poles, posts, pilings and weir stakes;(pièce)
“smallest top diameter” means the smallest diameter inside bark which can be measured at the top end of a log;(le plus petit diamètre au petit bout)
“smallest butt diameter” means the smallest diameter inside bark which can be measured at the butt end of a treelength;(le plus petit diamètre au gros bout)
“smallest butt diameter method” means the scaling method described in section 27.(méthode du plus petit diamètre au gros bout)
95-63
25Where primary forest products are scaled or required to be scaled in cubic metres, a licensee may cause all pieces to be separated by species.
26(1)The scale of any primary forest products in cubic metres may be either complete or partial.
26(2)Where a scaler undertakes a partial scale, the scaler shall measure the diameter and length of a sufficient number of pieces until satisfied that the measures are representative of all the lengths and diameters in the pile.
26(3)Where a scaler undertakes a partial scale, cull pieces shall be included in the calculation of average volume per piece.
26(4)A scaler shall measure the diameter of each piece in a pile through the geometric centre of the piece.
26(5)A scaler shall scale logs by measuring the smallest top diameter inside bark in 2-cm units and the length in 0.20-m units.
26(6)A scaler shall determine the volume of softwood logs from the table contained in Appendix H.
26(7)A scaler shall determine the volume of hardwood logs from the table contained in Appendix I.
26(8)Logs that are longer than a specified length class shall be scaled as belonging to the next larger length class.
26(9)A scaler shall scale weir stakes, poles, posts and pilings by measuring the smallest top diameter in 2-cm units and the length in 0.6-m units, and using those measurements shall determine the volume of weir stakes and spruce, tamarack, jack pine, red pine poles, posts and pilings from the table contained in Appendix J and the volume of cedar poles and posts from the table contained in Appendix K.
95-63
27(1)To scale treelengths in cubic metres, a scaler shall use the smallest butt diameter method.
27(2)When using the smallest butt diameter method in scaling by the cubic metre, a scaler shall
(a) measure and record the smallest butt diameter, and
(b) determine the volume from the appropriate treelength cubic metre volume table which the Minister approves.
DEDUCTIONS FOR DEFECTS IN PRIMARY FOREST PRODUCTS SCALED IN CUBIC METRES
28(1)When scaling primary forest products by the cubic metre, a scaler shall make deductions for those defects which show on either or both ends of the piece.
28(2)A scaler shall measure the diameter of a defect, or the average of two diameters where the defect is irregular, and record the measurements in 2-cm units.
28(3)A scaler may calculate the deduction for a defect
(a) subject to subsection (4) by measuring the diameter of the defect in 2-cm units, estimating the length of the defect in 0.5-m units, and then determining the deduction from the table contained in Appendix L,
(b) by applying a percentage reduction, or
(c) by such other method which the Minister may approve.
28(4)Where the diameter of a defect is not contained in Appendix L, a scaler shall calculate the volume of the defect in the primary forest product in accordance with the formula and method prescribed by Appendix L.
28(5)A scaler shall not make any deductions for
(a) checks or splits, crook, sweep or other irregularities in form,
(b) worm holes,
(c) abnormal discolouration that is not due to rot, or
(d) red stain.
28(6)Rot is a defect.
28(7)Repealed: 2014-19
28(8)Where more than one-half of the gross volume of a log is defective by rot, a deduction equal to the total gross volume of the log shall then be made.
28(9)When scaling treelengths to determine the cubic metre volume by the smallest butt diameter method, a scaler shall make deductions for defects by
(a) determining the net volume from the appropriate treelength cubic metre volume table which the Minister approves,
(b) applying a percentage reduction, or
(c) such other method which the Minister may approve.
95-63; 2014-19
SCALING OF PRIMARY FOREST PRODUCTS BY MASS
29(1)When scaling primary forest products by mass, a scaler shall determine the mass by the use of motor vehicle scales or such other appropriate weighing machines that conform to the Weights and Measures Act (Canada) and any regulations under that Act.
29(2)A scaler shall ensure that the weigh scales are of sufficient capacity to determine the mass of the loaded vehicle in one operation.
29(3)A scaler shall
(a) weigh the primary forest products together with the vehicle on which the products are being transported and determine their mass, and
(b) after unloading the products weigh the empty vehicle and determine its mass.
29(4)A scaler shall determine the mass of a load of primary forest products by subtracting the mass of the empty vehicle from the mass of the loaded vehicle.
29(5)The mass of a load of primary forest products shall be determined and expressed to the nearest 10 kg or 0.01 t and shall include, if present, bark, moisture, rot and foreign material.
29(6)All weigh scales shall measure with both accuracy and precision within a tolerance of 100 kg.
2003-78
DEDUCTIONS FOR DEFECTS IN PRIMARY FOREST PRODUCTS SCALED BY MASS
30(1)In this section
“ovendry” means a condition in which the wood has ceased to lose moisture after being subjected to a temperature of 103 ± 2° C in a ventilated oven, for the purposes of determining moisture content;(séche au four)
“moisture content” means the mass of water in wood expressed as a percentage of its total mass.(teneur en humidité)
30(2)A scaler may not make any deductions from the mass of primary forest products except for those which are approved by the Minister.
30(3)Repealed: 2014-19
30(4)Repealed: 2014-19
30(5)Repealed: 2014-19
30(6)The mass of wood may be reduced to the ovendry mass of bark-free wood after being sampled for bark and moisture content.
30(7)If mass is to be reduced to an ovendry basis, then a sufficient number of samples of moisture content and bark content determinations must be made to satisfy the Minister that the average values so determined are representative of the population they purport to represent.
2003-78; 2014-19
SCALING OF PRIMARY FOREST PRODUCTS IN BOARD FEET
Repealed: 95-10
95-10
30.1Repealed: 95-10
86-163; 95-10
30.2Repealed: 95-10
86-163; 95-10
DEDUCTIONS FOR DEFECTS IN PRIMARY FOREST PRODUCTS SCALED IN BOARD FEET
Repealed: 95-10
95-10
30.3Repealed: 95-10
86-163; 95-10
ROUNDING RULES
31In this Part, the following rules shall apply for rounding numerical data when calculating volumes:
(a) when the first digit dropped is less than five, the last digit retained shall not be changed;
(b) when the first digit dropped is greater than five, or if it is a five followed by at least one digit, the last digit retained shall be increased by one; and
(c) when the first digit dropped is exactly five, followed only by zeros, the last digit retained shall be increased by one if it is odd, but not changed if it is even.
SCALING INSTRUMENTS
32(1)When a scaler is scaling primary forest products, the scaler shall not use a scale stick that
(a) deviates from a true measurement more than 1 mm within the boundaries of any 2-cm diameter unit, or
(b) deviates from a true measurement more than 2 mm within the boundaries of any 0.20-m length unit.
32(2)No scaler while scaling primary forest products shall use a metal or woven tape that exceeds the limits of error shown in Appendix N.
95-63
REFUSAL TO SCALE
33(1)Repealed: 2014-19
33(2)In this section, a pile which is improperly piled means a pile in which the solid cubic content is less than the m3/m3(st) factor prescribed by Appendix A.
33(3)A scaler may refuse to scale a pile of primary forest products in stacked cubic meters if the pile is improperly piled.
33(4)A scaler may refuse to scale any primary forest products which, in the scaler’s opinion, are not piled in accordance with the provisions of this Part.
33(5)Repealed: 2014-19
33(6)Repealed: 2014-19
33(7)Repealed: 2014-19
95-63; 2014-19
34Repealed: 2014-19
95-63; 2014-19
COMPLAINTS
35(1)A complaint regarding a scale of primary forest products shall be made in writing to the Minister and shall be made before the primary forest products have been moved from the pile in which they were scaled, unless they were scaled in transit.
35(2)Where a complaint is made regarding a scale of primary forest products in
(a) units of m3(st) or mass in transit, the licensee shall cause the primary forest products to be kept on the carrier in their original lengths, or
(b) units of m3, the licensee may repile the primary forest products in their original lengths separately from other primary forest products in a place and in a manner which the Minister approves.
35(3)Except as permitted by paragraph (2)(b), where the primary forest products are moved before the merits of a complaint are decided upon, the Minister may dismiss the complaint without any further action.
35(4)Where in the opinion of the Minister a complaint is justified, the Minister shall direct a rescale be made by a scaler designated by the Minister and such scaling shall be the final determination of the complaint.
95-63
III
APPLICATION
36This Part applies to the scaling of primary forest products marketed through a Producer Association.
37A scaler shall scale all primary forest products by determining the volume of sound material and shall compensate for any defects determined in accordance with sections 43 to 52, 57, 59 and 61 that occur but shall not consider any particular grade of lumber or any products that the sound material may produce.
86-163
DUTIES OF SCALER
38(1)Every scaler operating under this Part shall
(a) make a scale report for each primary forest product scaled;
(b) become familiar with the specifications of primary forest products as defined in the contract respecting the products to be scaled;
(c) become familiar with the scaling terms of the contract respecting primary forest products to be scaled and ensure that the products are scaled in accordance with those scaling terms;
(d) Repealed: 2014-19
(e) Repealed: 2014-19
(f) except for primary forest products in transit ensure that all piles of primary forest products are numbered consecutively;
(g) mark on the face of each pile in such a location as to be seen and readily legible from the road or trail, the date the pile was scaled and the scaler’s initials;
(h) except for primary forest products in transit ensure that the number marked on the face of each pile of primary forest products is in such a location as to be readily legible and seen from the road or trail being used; and
(i) except for primary forest products in transit, in the case of piles of logs, have the number of pieces of each species contained in the pile marked on the end of the pile.
38(2)Repealed: 95-63
38(3)Repealed: 95-63
38(4)Repealed: 95-63
95-63; 2014-19
UNITS OF MEASURE
39(1)Subject to subsections (2) and (3),
(a) stacked cubic metre,
(b) cubic metre, or
(c) mass in either tonnes or kilograms,
may be used as the unit of measure to scale any primary forest products.
39(2)The stacked cubic metre shall not be used as the unit of measure for logs, treelengths, poles, posts, pilings or such other primary forest products as the Minister may designate.
39(3)The board foot may be used as the unit of measure for logs.
39(4)Where the volume of primary forest products is converted from one unit of measure to another, unless otherwise specified in a contract, the conversion factors shall be
(a) that conversion factor prescribed by Appendix A, or
(b) that conversion factor and method which the Minister may approve.
39(5)Where the mass of primary forest products is converted to volume, the conversion factor, unless otherwise specified in a contract,
(a) shall be a conversion factor approved by the Minister, and
(b) shall account for deductions for bark, moisture, rot and foreign material through sampling procedures approved by the Minister.
2003-78
WIDTH OF PILE
40(1)In this section “specified length” means the length of the primary forest product as specified in a contract.
40(2)Where a pile of primary forest products, other than bolts to be converted into lumber, is scaled in stacked cubic metres, the width of the pile is the average length of the bolts in the pile.
40(3)A scaler shall determine the average length of bolts in a pile by measuring as many bolts as are necessary until satisfied that the average of such measurements is representative of the actual pile width.
40(4)When determining the width of a pile of primary forest products that are to be converted into lumber and to be scaled in stacked cubic metres, a scaler shall accept the allowance fixed by the specifications in the contract respecting the primary forest product.
40(5)Where the allowance in subsection (4) is exceeded, a scaler shall record the amount of the excess and the width of that pile shall be the sum of the specified length and the amount of the excess beyond the allowance referred to in subsection (4).
95-63; 95-85
PILING
41(1)Except for primary forest products in transit, all piles of primary forest products to be scaled shall have a minimum cleared space of one metre on every side.
41(2)Where merchantable primary forest products are used for skids or bed logs, a scaler shall include their volume in the scaled volume.
41(3)A scaler may require primary forest products with different rates to be piled separately.
41(4)Primary forest products to be scaled shall be piled as follows:
(a) each pile of primary forest products shall contain only bolts of the same length,
(b) except for primary forest products in transit, primary forest products to be scaled in stacked cubic metres shall be placed in piles containing not less than 2.00 m3(st),
(c) all piles of primary forest products to be scaled shall be placed on skids, except those in transit, and
(d) the length of each log shall be marked on the top end of log by length class in such a manner as to be readily legible to a scaler.
41(5)A scaler may require primary forest products to be scaled in cubic metres or board feet to be piled separately by length class and species.
41(6)Unless otherwise specified in a contract, where primary forest products are to be scaled in stacked cubic metres,
(a) all hardwood species except poplar shall be piled separately from softwood,
(b) all hardwood species except poplar may be piled together,
(b.1) poplar shall be piled separately,
(c) all softwood species except cedar may be piled together, and
(d) cedar shall be piled separately.
95-63; 2003-78
SCALING OF PRIMARY FOREST PRODUCTS  IN STACKED CUBIC METRES
42(1)Where primary forest products are to be scaled in stacked cubic metres, a scaler shall measure and record
(a) the height of the pile,
(b) the length of the pile, and
(c) the width of the pile.
42(2)A scaler shall determine the average length and height of a pile by making measurements on both the front and back of the pile or load, except in the case of primary forest products in transit where there is no clear space between the piles.
42(3)A scaler shall measure the height of a pile by placing the hook of the scale stick under the bottom of a bolt in the lowest rank or tier of the pile and reading the perpendicular height to the top of a bolt in the top rank or tier, except in the case of primary forest products in transit.
42(4)Where there is no clear space between piles, the scaler shall take measurements on both sides of the load, and shall estimate the deviation in interior heights to determine the average height of each pile.
42(5)A scaler shall measure the height at regular intervals along the face of a pile and shall make the initial measurement at a point half the distance of the chosen interval from one end of the pile.
42(6)A scaler shall measure and record the height of a pile in 0.02-m units.
42(7)A scaler shall calculate and record the average height to the nearest 0.02-m unit.
42(8)The length of a pile is the distance between the exterior edges of those bolts on each end of the pile, except in the case of primary forest products in transit.
42(9)Where there is no clear space between piles, the scaler shall take measurements on exterior edges of a pile estimating the deviation in interior length to determine the average length of each pile.
42(10)A scaler shall measure and record the length of a pile in 0.02-m units.
42(11)A scaler shall calculate and record the average length to the nearest 0.02-m unit.
42(12)Where a pile is on a slope, a scaler shall measure length parallel to the bottom of the pile and height perpendicular to the bottom of the pile.
42(13)A scaler shall measure and record the width of the pile in 0.02-m units.
42(14)A scaler shall calculate and record the average width to the nearest 0.02-m unit.
42(15)A scaler shall measure bolt or half-bolt diameters inside the bark along a plane perpendicular to the longitudinal axis of the bolt.
42(16)A scaler shall calculate and record the average bolt or half-bolt diameter to the nearest 2-cm unit.
42(17)Where the diameter of a scaled piece coincides with the boundary between classes, that piece shall be measured and recorded to the lower class.
42(18)Where a scaler has determined the length, width and height of a pile of primary forest products the scaler shall calculate the gross volume in stacked cubic metres by using the following formula:
GPV
=
L × H × W
 
where GPV
=
gross pile volume expressed with a precision of 0.01m3(st)
 
L
=
length of pile in metres
 
H
=
height of pile in metres
 
W
=
width of pile in metres
95-63
DEDUCTIONS FOR DEFECTS IN PRIMARY FOREST PRODUCTS SCALED IN STACKED CUBIC METRES
43(1)When making deductions for defects in primary forest products that are scaled in stacked cubic metres and that are less than 2.44 m in length, a scaler shall alternate the side of the piles on which measurements are made, except in the case of primary forest products in transit.
43(2)Where there is no clear space between piles of primary forest products in transit, a scaler shall take measurements on both sides of the load.
43(3)On uneven-numbered piles, a scaler shall measure defects on the side away from the road or trail, and on even-numbered piles, a scaler shall measure defects on the side facing the road or trail.
43(4)A scaler shall make a deduction for a visible defect as if it extended through the length of the bolt.
44When making deductions for defects in primary forest products that are scaled in stacked cubic metres and that are 2.44 m in length or more, a scaler shall measure defects on both sides of the pile and shall make a deduction for each defect as if it extended for half the length of the bolt.
45Subject to section 46, a scaler shall measure the diameter of a defect or the average of two diameters if the defect is irregular and shall record the measurement in 2-cm units.
46Where several defects are scattered over the surface of a bolt, a scaler may
(a) make a deduction for one defect having a diameter equal to the square root of the sum of the products of the diameters of each defect, expressed as the nearest even whole number, or
(b) make a deduction for each defect separately by its average diameter, expressed to the nearest 2-cm unit.
47Where the square of the diameter of a defect is greater than half of the square of the diameter inside bark of the end surface, the bolt or half-bolt is a cull and a scaler shall make a deduction equal to the total diameter of the bolt or half-bolt.
48A scaler may calculate the deduction for a defect or void
(a) subject to section 50 by determining the diameter of the defect and then determining the volume of the deduction from the tables contained in Appendix B, C, D, E, F, G, O, P, Q or R,
(b) by applying a percentage reduction of the gross volume, or
(c) by any other method which the Minister may approve.
89-135
49Where a void exists in a pile of primary forest products, a scaler shall make a deduction equal to the volume of the largest bolt that could reasonably be accommodated in the void.
50Where the diameter of a void or defect is not contained in Appendix B, C, D, E, F, G, O, P, Q or R, a scaler shall calculate the volume of the defect or void in a pile of primary forest products to be scaled in stacked cubic metres in accordance with the formula prescribed by Appendix B, C, D, E, F, G, O, P, Q or R.
89-135
51Where the length of the bolts or half-bolts is greater than or less than the value assigned to “L” for the formulas in Appendix B, C, D, E, F, G, O, P, Q or R, the values in the tables of Appendix B, C, D, E, F, G, O, P, Q or R, as the case may be, shall be correspondingly increased or decreased by the percentage that the length of the bolts or half-bolts exceeds or is less than the value assigned to “L”.
89-135; 2003-78
52(1)For all primary forest products, rot is a defect.
52(2)Unless otherwise specified in a contract, red stain is not a defect.
SCALING OF PRIMARY FOREST PRODUCTS IN CUBIC METRES
53In sections 54 to 56
“piece” includes logs, poles, posts, pilings and weir stakes;(pièce)
“smallest top diameter” means the smallest diameter inside bark which can be measured at the top end of a log;(le plus petit diamètre au petit bout)
“smallest butt diameter” means the smallest diameter inside bark which can be measured at the butt end of a treelength;(le plus petit diamètre au gros bout)
“smallest butt diameter method” means the scaling method described in section 55.(méthode du plus petit diamètre au gros bout)
95-63
54(1)Subject to subsection (2), when scaling primary forest products in cubic metres, a scaler shall
(a) count all pieces in a pile and mark the pieces so as to be readily identifiable, except in the case of primary forest products in transit;
(b) measure the diameter of each piece in a pile through the geometric centre of the piece.
54(2)A scaler shall scale logs by measuring the smallest top diameter inside bark in 2-cm units and the length in 0.2-m units.
54(3)A scaler shall determine the volume of softwood logs from the table contained in Appendix H.
54(4)A scaler shall determine the volume of hardwood logs from the table contained in Appendix I.
54(5)Logs that are longer than a specified length class shall be scaled as belonging to the next larger length class, unless otherwise specified in a contract.
54(6)A scaler shall scale weir stakes, poles, posts and pilings by measuring the smallest top diameter in 2-cm units and the length in 0.6-m units, and using those measurements shall determine the volume of weir stakes and spruce, tamarack, jack pine, red pine poles, posts and pilings from the table contained in Appendix J and the volume of cedar poles and posts from the table contained in Appendix K.
95-63
55(1)To scale treelengths in cubic metres, the scaler shall use the smallest butt diameter method.
55(2)When using the smallest butt diameter method in scaling by the cubic metre, a scaler shall
(a) measure and record the smallest butt diameter, and
(b) determine the volume from the appropriate treelength cubic metre volume table which the Minister approves.
56A scaler may require forest products in transit with no clear space at each end of a piece, to be unloaded and repiled before the scaler completes a scale.
95-63
DEDUCTIONS FOR DEFECTS IN PRIMARY FOREST PRODUCTS SCALED IN CUBIC METRES
57(1)When scaling primary forest products by the cubic metre, a scaler shall make deductions for those defects which show on either or both ends of the piece, unless otherwise specified in a contract.
57(2)A scaler shall measure the diameter of a defect, or the average of two diameters if the defect is irregular, and record the measurements in 2-cm units.
57(3)A scaler may calculate the deduction for a defect by
(a) subject to subsection (4) measuring the diameter of the defect in 2-cm units, estimating the length of the defect in 0.5-m units and then determining the deduction from the table contained in Appendix L,
(b) applying a percentage reduction, or
(c) such other methods as may be specified in a contract.
57(4)Where the diameter of a defect is not contained in Appendix L, a scaler shall calculate the volume of the defect in the primary forest product in accordance with the formula and method prescribed by Appendix L.
57(5)Unless otherwise specified in a contract, a scaler shall not make deductions for
(a) checks or splits, crook, sweep or other irregularities in form,
(b) worm holes,
(c) abnormal discolourations that are not due to rot, or
(d) red stain.
57(6)For all primary forest products, rot is a defect.
57(7)Repealed: 2014-19
57(8)Where more than one-half of the gross volume of a log is defective by rot, a deduction equal to the total gross volume of the log shall be made.
57(9)When scaling treelengths to determine the cubic metre volume by the smallest butt diameter method, a scaler shall make deductions for defects
(a) by determining the net volume from the appropriate treelength cubic metre volume table which the Minister approves;
(b) by applying a percentage reduction; or
(c) by such other method as may be specified in a contract.
95-63; 2014-19
SCALING OF PRIMARY FOREST PRODUCTS BY MASS
58(1)When scaling primary forest products by mass, a scaler shall determine the mass by the use of motor vehicle scales or such other appropriate weighing machines that conform to the Weights and Measures Act (Canada) and any regulations under that Act.
58(2)A scaler shall ensure that the weigh scales are of sufficient capacity to determine the mass of the loaded vehicle in one operation.
58(3)A scaler shall
(a) weigh the primary forest products together with the vehicle on which the products are being transported and determine their mass, and
(b) after unloading the products, weigh the empty vehicle and determine its mass.
58(4)A scaler shall determine the mass of a load of primary forest products by subtracting the mass of the empty vehicle from the mass of the loaded vehicle.
58(5)The mass of a load of primary forest products shall be determined and expressed to the nearest 10 kg or 0.01 t and shall include, if present, bark, moisture, rot and foreign material.
58(6)All weigh scales shall measure with both accuracy and precision within a tolerance of 100 kg.
2003-78
DEDUCTIONS FOR DEFECTS IN PRIMARY FOREST PRODUCTS SCALED IN MASS
59(1)In this section
“ovendry” means a condition in which the wood has ceased to lose moisture after being subjected to a temperature of 103 ± 2° C in a ventilated oven, for the purpose of determining moisture content;(séché au four)
“moisture content” means the mass of water in wood expressed as a percentage of its total mass.(teneur en humidité)
59(2)A scaler may not make any deductions from the mass of primary forest products except for those which are specified in a contract or approved by the Minister.
59(3)Repealed: 2003-78
59(4)Repealed: 2014-19
59(5)Repealed: 2014-19
59(6)Repealed: 2014-19
59(7)If mass is reduced to an ovendry basis, a sufficient number of moisture content and bark content determinations shall be made to satisfy the Minister that the average values so determined are representative of the population they purport to represent.
59(8)Moisture content determinations shall be based on the ovendry mass of the sample and expressed as a percentage of its total mass.
2003-78; 2014-19
SCALING OF PRIMARY FOREST PRODUCTS IN BOARD FEET
60(1)To scale primary forest products in board feet, a scaler shall measure and record the length of a primary forest product in feet and the diameter of the top end, inside bark, in inches.
60(2)A scaler shall, unless otherwise specified in a contract, measure the length of a log from the point of any scarf and record to the nearest full foot.
60(3)Any log having a length greater than those lengths prescribed by Appendix M shall be scaled as two or more logs with a taper of one inch per eight feet of length.
60(4)A scaler shall measure the diameter inside the bark and record the diameter to the last full inch after dropping all fractions.
60(5)Subject to subsection (6), a scaler shall measure the diameter consistently with the scaling stick held either horizontally, vertically or at any angle without attempting to determine the smallest diameter.
60(6)If the surface to be measured is abnormally shaped with a difference of two inches or more between two inside bark diameters taken at right angles, the scaler shall record the mean diameter to the last full inch.
60(7)A scaler shall determine the board foot volume of logs from the table contained in Appendix M.
60(8)A scaler may require primary forest products that are to be scaled in board feet and that have no clear space at each end, to be unloaded and repiled before a scale is completed.
86-163
60.1(1)A scale of primary forest products in board feet may be either complete or partial.
60.1(2)Where a scaler undertakes a partial scale, the scaler shall measure the diameter and length of a sufficient number of pieces until satisfied that the measures are representative of all the diameters and lengths in the pile.
60.1(3)Where a scaler undertakes a partial scale, cull pieces shall be included in the calculation of the average volume per piece.
86-163; 95-63
DEDUCTIONS FOR DEFECTS IN PRIMARY FOREST PRODUCTS SCALED IN BOARD FEET
61(1)A scaler shall only make deductions for those defects which are visible.
61(2)A scaler shall not make deductions
(a) for any defects or portions of any defects lying outside the cylinder projected from the top end of the log, or
(b) for sound green knots, unless occurring in abnormal quantities.
61(3)Unless otherwise specified in a contract, rot is a defect.
61(4)Unless otherwise specified in a contract, red stain is not a defect.
61(5)A scaler shall make deductions for defects
(a) by a reduction of the length or by a reduction of the diameter,
(b) by a percentage reduction of the gross volume, or
(c) by such other method which the Minister may approve.
61(6)When making deductions for defects, a scaler shall take into account any overrun in top diameter.
61(7)If there are several defects showing on the end surface of a log and the defects are grouped as to prohibit the sawing of a one-inch board between them, they shall be considered as one defect.
61(8)A scaler, after determining the board foot contents of any defect of a log,
(a) may
(i) reduce the gross volume of the log by the calculated volume of the defect;
(ii) locate in Appendix M the volume figure closest to the calculated net figure; and
(iii) record the corresponding diameter and length; or
(b) may
(i) tally the log by its measured diameter and length;
(ii) locate in Appendix M and under the log length as measured, the volume figure closest to the calculated volume of the defect;
(iii) read the corresponding diameter; and
(iv) tally as a deduction a log with the length as measured and the diameter as determined in subparagraph (iii).
61(9)The diameter of a defect, or the average of two diameters if the defect is irregular, shall be recorded to the nearest inch.
61(10)A log with more than one-half of its gross volume defective shall be considered as a cull and a deduction equal to the total gross volume of the log shall be made.
ROUNDING RULES
62In this Part, the following rules shall apply for rounding numerical data when calculating volumes:
(a) when the first digit dropped is less than five, the last digit retained shall not be changed;
(b) when the first digit dropped is greater than five, or it it is a five followed by at least one digit, the last digit retained shall be increased by one; and
(c) when the first digit dropped is exactly five, followed only by zeros, the last digit retained shall be increased by one if it is odd, but not changed it it is even.
SCALING INSTRUMENTS
63(1)When a scaler is scaling primary forest products, the scaler shall not use a scale stick that
(a) deviates from a true measurement more than 1 mm within the boundaries of any 2-cm diameter unit, or
(b) deviates from a true measurement more than 2 mm within the boundaries of any 0.20-m length unit.
63(2)No scaler while scaling primary forest products shall use a metal or woven tape that exceeds the limits of error shown in Appendix N.
95-63
REFUSAL TO SCALE
64(1)In this section, a pile which is improperly piled means a pile in which the solid cubic content is less than the m3/m3(st) factor which is prescribed by Appendix A, unless otherwise specified in a contract.
64(2)A scaler may refuse to scale a pile of primary forest products in stacked cubic meters if the pile is improperly piled.
64(3)Where scaling is being conducted at a wood processing facility or at roadside, a scaler may refuse to scale any primary forest products which, in the scaler’s opinion, are not piled in accordance with this Part or do not meet the specifications agreed to in a contract.
64(4)A scaler may refuse to scale primary forest products in cubic meters if the pieces to be scaled are not separated by species.
95-63
COMPLAINTS
65(1)Subject to the provisions of a contract, a Producer Association may submit a complaint regarding any discrepancy between the scale by a scaler employed by the Producer Association of primary forest products marketed by that Producer Association and the scale of those primary forest products by a scaler employed by the purchaser of those primary forest products to the Minister and the complaint shall be made before the primary forest products have been removed from the pile in which they were scaled unless they were scaled in transit.
65(2)Where a complaint is made regarding a scale of primary forest products in
(a) units of m3(st) or mass in transit, the Producer Association through whom the primary forest products are being marketed shall cause the primary forest products to be kept on the carrier in their original lengths, or
(b) units of m3, the purchaser of the primary forest products may repile the primary forest products in their original lengths separately from other primary forest products in a place and in a manner which the Minister may approve.
65(3)Except as permitted by paragraph (2)(b), where the primary forest products are moved before the merits of a complaint are decided upon, the Minister may dismiss the complaint without any further action.
65(4)No re-scales and check scales shall be made unless the primary forest products are in the same degree and manner of aggregation as when the original scale was made.
65(5)Where in the opinion of the Minister a complaint is justified, the Minister shall direct a rescale be made by a scaler designated by the Minister and such scaling shall be a final determination of the complaint.
95-63
66New Brunswick Regulations 74-22 and 74-195 under the Scalers Act are repealed.
67This Regulation comes into force on January 1, 1984.
N.B. This Regulation is consolidated to May 15, 2018.