Acts and Regulations

2011, c.219 - Scalers Act

Full text
Current to 16 June 2023
2011, c.219
Scalers Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“Board” means the Board of Examiners established 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 on or under the surface of those lands. (terres de la Couronne)
“Department” means the Department of Natural Resources and Energy Development.(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 and Energy Development.(ministre)
“primary forest products” means any of the commercially valuable raw material obtained from a forest, including roundwood. (produits forestiers bruts)ou(produits forestiers de base)
“Producer Association” includes marketing boards, cooperatives and other associations established for the marketing of primary forest products. (association de producteurs)
“scale” means to measure primary forest products. (mesurer)
“scaler” means a person licensed by the Minister to scale primary forest products. (mesureur)
1981, c.S-4.1, ss.1(1); 1986, c.8, s.116; 2004, c.20, s.60; 2016, c.37, s.173; 2019, c.29, s.210; 2022, c.21, s.13
Application
2This Act applies only to the scaling of primary forest products
(a) cut on Crown Lands, or
(b) marketed through a Producer Association.
1981, c.S-4.1, ss.1(2)
Establishment of Board
2022, c.21, s.13
3(1)The Minister may establish a Board of Examiners composed of four members appointed by the Minister as follows:
(a) two members who are employed within the Department;
(b) one member who is a representative of the New Brunswick Federation of Woodlot Owners Inc.; and
(c) one member who is a representative of the New Brunswick Forest Products Association Inc.
3(2)The Minister shall designate from among the members appointed under paragraph (1)(a) a chair and a secretary.
1981, c.S-4.1, s.2; 1994, c.68, s.1; 2022, c.21, s.13
Duties of Board
4The Board shall examine candidates for licenses to scale primary forest products and candidates for renewals of those licenses and shall perform any other duties that are assigned to it by the Lieutenant-Governor in Council.
1981, c.S-4.1, ss.3(1); 2011, c.3 (Supp.), s.1
Quorum
5Two members of the Board constitute a quorum.
1981, c.S-4.1, ss.3(2)
Oath of office
6Before performing any duties as a member of the Board, a person appointed under section 3 shall take an oath of office in the manner and form prescribed by regulation.
1981, c.S-4.1, s.4; 1994, c.68, s.2
Examinations
7(1)For the purpose of holding examinations, the Board shall sit at the places and on the dates that are fixed by the Minister.
7(2)Before being permitted by the Board to take an examination, a candidate shall
(a) complete an examination application form provided by the Minister,
(b) have attained the age of 19 years, and
(c) satisfy the Board that he or she has
(i) at least two years experience in scaling primary forest products, or
(ii) graduated from a college, technical institute or university in a program of study that in the opinion of the Board provides practical training and instruction equivalent to two years experience in scaling primary forest products.
7(3)A candidate shall present himself or herself before the Board on the examination day fixed by the Minister.
7(4)Within 60 days after the close of an examination for a scaler’s license, the Board shall transmit to the Minister the names of the candidates that it believes are trustworthy and of good character, who have passed a satisfactory examination and are recommended as being competent to adopt one or more of the following methods of scaling primary forest products:
(a) by individual units, according to a procedure established by the Minister;
(b) by mass;
(c) by stacked measure; and
(d) by board feet.
7(5)The Board may establish the method and program of examinations.
1981, c.S-4.1, s.6; 1983, c.7, s.18; 1985, c.4, s.61; 2011, c.3 (Supp.), s.2
Renewal examinations
2011, c.3 (Supp.), s.3
7.1(1)Before a scaler’s license may be renewed, the holder of a license shall successfully pass a renewal examination no more than 120 days before the expiry of the license.
7.1(2)Before being permitted by the Board to take a renewal examination, a holder of a scaler’s license shall
(a) complete a renewal examination application form provided by the Minister, and
(b) satisfy the Board that he or she has
(i) scaled primary forest products cut on Crown Lands or scaled primary forest products marketed through a Producer Association within a five year period before the expiry date of the license, or
(ii) attended a scaler refresher course approved by the Board no more than one year before the expiry date of the license.
7.1(3)A candidate for a renewal examination shall present himself or herself before the Board on the examination day fixed by the Minister.
7.1(4)Subsection 7(4) applies with the necessary modifications with respect to recommendations made by the Board following a renewal examination.
2011, c.3 (Supp.), s.3
Scaler’s licences
8(1)On payment of the fee prescribed by regulation, the Minister may issue to a person a scaler’s license in accordance with the recommendation of the Board under section 7.
8(1.1)A scaler’s license shall be of a specific class and the class to which the license belongs shall be endorsed on the license.
8(1.2)A scaler’s license is valid for a period of five years following the date of its issuance, expires on the day specified on the license and may be renewed.
8(2)The Minister may prescribe the form of a scaler’s licence.
1981, c.S-4.1, s.7; 2011, c.3 (Supp.), s.4
Renewal of scaler’s license
2011, c.3 (Supp.), s.5
8.1On payment of the fee prescribed by regulation, the Minister may renew a scaler’s license in accordance with the recommendation of the Board under section 7.1.
2011, c.3 (Supp.), s.5
Necessity of oath of office
9A licence 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.
1981, c.S-4.1, s.8
Necessity to hold licence
10Subject to section 11, no person shall act as a scaler with respect to a primary forest product unless that person holds the proper class of scaler’s license.
1981, c.S-4.1, s.9; 2011, c.3 (Supp.), s.6
Special licence
11(1)When the Minister is satisfied that the services of a licensed scaler are not procurable, the Minister may issue a special licence to a competent person authorizing the person to scale primary forest products.
11(2)The Minister may prescribe the form of a special licence.
11(3)A special licence 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.
11(4)A special licence issued under subsection (1) shall not extend beyond the date of the next scaler’s examination.
11(5)No more than two special licences shall be issued under subsection (1) to any one person.
1981, c.S-4.1, s.10; 1994, c.68, s.4
Duties of scalers
12A 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.
1981, c.S-4.1, s.11; 1994, c.68, s.5
Inspection of books and records of measurement
13Scalers shall submit their books and records of measurement for the inspection of an officer of the Department authorized by the Minister when called on to do so and shall furnish any information and documents that the officer may require.
1981, c.S-4.1, s.12
Sworn return
14When required to do so by the Minister, a scaler shall make a sworn return on forms supplied by the Department, which return shall contain certified copies of the measurements on which the return is based.
1981, c.S-4.1, s.13
Cancellation of licences
15(1)On the advice of the Board, the Minister may cancel a scaler’s licence if the 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.
15(2)A licence shall not be cancelled by the Minister under subsection (1) without extending to the licensee the opportunity to be heard by the Board.
1981, c.S-4.1, s.14; 1994, c.68, s.6
Offences and penalties
16(1)A 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 2 of the Provincial Offences Procedure Act as a category F offence.
16(2)A person who hinders, obstructs or interferes with a scaler in the discharge of the scaler’s duties commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
16(3)A person who violates section 10 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
1981, c.S-4.1, s.15, s.16, s.17; 1987, c.6, s.102; 1990, c.61, s.128
Regulations
17The 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;
(c) prescribing manner and form requirements with respect to oaths of office;
(d) prescribing fees for the purposes of sections 8 and 8.1;
(e) prescribing the locations at which primary forest products shall be scaled;
(f) prescribing methods and procedures for resolving disputes with respect to the scaling of primary forest products;
(g) generally, for the better administration of this Act.
1981, c.S-4.1, s.19; 1994, c.68, s.7; 2011, c.3 (Supp.), s.7
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 10, 2022.