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This Act is current to May 30, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Forest Act

[RSBC 1996] CHAPTER 157

Part 6 — Timber Scaling

Timber scaling: interpretation

93   In this Part:

"acting scaler" means a person appointed under section 100 (3) (a);

"forest service scaler" means a forest officer appointed under section 100 (3) (b);

"licensed scaler" means a person who holds a scaling licence issued under section 100 (2);

"official scaler" means a licensed scaler appointed under section 100 (3) (c);

"scale" means to do one or more of the following:

(a) determine the volume or quantity of timber;

(b) classify the quality of timber.

Misrepresentation prohibited

93.1   A person must not represent that the person is authorized to perform a scale under this Part if not so authorized.

Timber to be scaled

94   (1) Subject to section 94.1, a person must not manufacture products from, sell or transport to a place, other than the place where it is required to be sent for scaling,

(a) timber that is cut from private land unless it is scaled by a licensed scaler authorized by the minister to scale the timber, and

(b) timber that

(i) is cut from Crown land and that under the terms of the authority to cut is required to be scaled, or

(ii) is salvaged from water or foreshore,

unless it is scaled by an official scaler authorized by the minister to scale the timber or scaled by a forest service scaler.

(2) If the minister considers it necessary to avoid unreasonable delays or costs, he or she may order that

(a) timber that is required to be scaled by an official scaler or a forest service scaler may be scaled by a licensed scaler who is not an official scaler or a forest service scaler or by an acting scaler, and

(b) timber that is required to be scaled by a licensed scaler may be scaled by an acting scaler.

(3) [Repealed 2010-11-7.]

(4) Each of

(a) the owner of a scale site,

(b) the operator of a scale site, and

(c) the person whose timber is scaled under this Part

must ensure that the parcel or lot of timber that has been most recently scaled by each of the scalers employed at the site is retained at the site and made accessible for check scale by a licensed scaler who is a forest officer.

(5) The minister may exempt timber or a person from subsection (1) or (4).

(6) The minister may attach conditions to an exemption under subsection (5) and may attach, remove or alter a condition at any time.

(7) A person who

(a) is subject to an exemption under subsection (5), or

(b) whose timber is subject to an exemption under subsection (5)

must comply with a condition attached to the exemption.

Scaling of special forest products

94.1   (1) In this section, "waste assessment" means an assessment, for determining the volumes of merchantable timber and waste left on a harvested area, conducted in accordance with the procedures set out in the publication of the Ministry of Forests and Range, Provincial Logging Residue and Waste Measurement Procedures Manual, as amended from time to time.

(2) If timber is to be manufactured into a special forest product at the place where the timber is felled, the special forest product may be scaled instead of the timber.

(3) A person may, for timber that is cut from Crown land and that under the terms of the authority to cut is required to be scaled,

(a) transport the timber to a place other than the place where it is required to be sent for scaling if the timber is to be manufactured into a special forest product at that place, or

(b) at a place other than the place where the timber is felled, manufacture timber into a special forest product before it is scaled,

if all of the following apply:

(c) the person is authorized to do so by the minister;

(d) a waste assessment for the timber has been approved by the minister;

(e) the person scales the special forest product at a scale site designated by the minister, which may include the site at which the timber is manufactured into the special forest product.

(4) The minister may attach conditions to an authorization granted under subsection (3), and may attach, remove or alter a condition at any time.

(5) A person who is subject to a condition imposed under subsection (4) must comply with the condition.

Scale site authorization

95   (1) Each of

(a) the owner of a scale site, and

(b) the operator of a scale site

must ensure that no timber is scaled at the site unless a scale site authorization has been issued under subsection (2) for the site.

(2) On application the minister must issue to the applicant a scale site authorization on being satisfied that a complete and accurate scale can be performed at the site.

(3) Despite subsection (2) an applicant may be refused if

(a) the applicant previously held a scale site authorization which was cancelled, or

(b) the minister has reasonable grounds to believe that the applicant will fail to comply with

(i) Part 5, 6, 7, 9, 10 or 11,

(ii) a regulation made under section 151 (2) (c), (d), (h), (i) or (n), or

(iii) the conditions attached to a scale site authorization.

(4) The minister may attach conditions to the scale site authorization to ensure a complete and accurate scale and may attach, remove or alter a condition at any time.

(5) A condition under subsection (4) may be applied to a specific scale site authorization, a class of scale site authorizations or all scale site authorizations.

(6) The minister, after giving the holder of a scale site authorization an opportunity to be heard, may suspend or cancel a scale site authorization upon being satisfied that there has been failure to comply with

(a) Part 5, 6, 7, 9, 10 or 11,

(b) a regulation made under section 151 (2) (c), (d), (h), (i) or (n), or

(c) a condition attached to a scale site authorization.

(7) Each of

(a) a person to whom a scale site authorization has been issued,

(b) the owner of the scale site, and

(c) the operator of the scale site

must ensure that the conditions attached to the scale site authorization are complied with.

Scale

96   (1) A person who scales or purports to scale timber under this Act

(a) must carry out the scale according to the prescribed procedures, and

(b) must express the scale in cubic metres or another unit of metric measure required by the minister for special forest products.

(2) A scale that is expressed in cubic metres is to be known as British Columbia metric scale.

(3) A person whose timber is scaled under this Part must ensure that a complete and accurate scale of the timber is performed.

Scale return

97   (1) Each of

(a) the owner of a scale site,

(b) the operator of a scale site,

(c) the person whose timber is scaled under this Part, and

(d) the person who performs the scale

must ensure that

(e) the scale details are recorded in a form approved by the minister and retained in that form at the scale site, and

(f) a scale return in the form approved by the minister is completed and delivered within the prescribed time to the person whose timber is scaled and to a person designated by the minister.

(2) If the scale return referred to in subsection (1) (f) is not completed and delivered to a person designated under subsection (1), within the time prescribed for the purpose of that subsection, the person must pay to the government a penalty in the amount prescribed for the purpose of this section.

(3) For the purpose of section 131 the penalty imposed by subsection (2) is money payable to the government in respect of the timber.

(4) Subject to section 99 (5), if, according to a check scale referred to in section 94 (4), the volume or value of the parcel or lot of scaled timber computed from the check scale details varies by more than a prescribed percentage from the volume or value computed from the original scale details, then the check scale governs for all purposes of this Act and the regulations.

(5) The minister may order that subsection (4) does not apply in respect of a check scale if satisfied that the original scale was performed in accordance with good scaling practices and the differences between it and the check scale are attributable to the condition of the timber.

(6) When and as directed by the minister, each of

(a) the owner of a scale site,

(b) the operator of a scale site,

(c) the person whose timber is scaled under this Part, and

(d) the person who performs the scale

must ensure that the check scale details are incorporated in the scale return submitted under subsection (1) (e).

(7) If the minister estimates that the annual volume of timber scaled at a scale site will exceed the prescribed volume, he or she may order the owner or operator of the scale site to enter into an arrangement to deliver, by electronic means to the ministry, the scale returns required under this section.

Scaling charges, costs and expenses

98   (1) A person whose timber is scaled by an employee of the government must pay to the government the charges, costs and expenses incurred by the government in respect of

(a) making and recording the scale measurements,

(b) preparing and submitting the scale return, and

(c) the scale computation, summarization and billing.

(2) A person whose timber is scaled by a person who is not an employee of the government must pay to the government the charges, costs and expenses incurred by the government in respect of preparing, compiling and submitting the scale return.

(3) A person is not required to pay charges, costs and expenses under subsection (2) that total less than a prescribed amount.

Second scale and second check scale

99   (1) If it is feasible to perform a subsequent scale of timber that has been scaled under section 94, the minister

(a) may have the timber scaled again and a second scale return prepared, or

(b) must have the timber scaled again and a second scale return prepared if a person whose interest is affected by the scale objects to the scale return completed for the scale, in a notice served on the minister.

(2) If the volume or value of the timber computed from the second scale return

(a) varies by more than a prescribed percentage from the volume or value computed from the original scale return,

(i) the second scale return governs for all purposes of this Act and the regulations,

(ii) no scaling fees, charges, costs and expenses are payable to the government in respect of the original scale, and

(iii) the person who was liable to pay for the original scale must pay to the government the scaling fees and the charges, costs and expenses incurred by the government in respect of the second scale, or

(b) does not vary by more than a prescribed percentage from the volume or value computed from the original scale return,

(i) the original scale return governs for all purposes of this Act and the regulations, and

(ii) the person who objected to the original scale return must pay to the government the charges, costs and expenses incurred by the government in respect of the second scale.

(3) A scaler whose scale has been replaced by a check scale under section 97 (4) may request a second check scale, by notice served on a person designated by the minister.

(4) The minister must have a second check scale performed, if feasible.

(5) If the volume or value of the timber computed from the second check scale details

(a) varies from the volume or value of the timber computed from the original scale details by more than a prescribed percentage,

(i) the second check scale governs for all purposes of this Act and the regulations, and

(ii) the scaler who requested the second check scale must pay to the government the charges, costs and expenses incurred by the government in respect of the second check scale, or

(b) does not vary from the volume or value of the timber computed from the original scale details by more than a prescribed percentage,

(i) the original scale governs for all purposes of this Act and the regulations, and

(ii) no charges, costs and expenses are payable to the government.

Scaling

100   (1) A person who applies for a scaling licence must be examined by one or more scaling examiners appointed by the minister.

(2) If an applicant passes the examinations approved by the minister, the minister may issue a scaling licence to the applicant.

(3) The minister may appoint

(a) any person as an acting scaler,

(b) a licensed scaler who is a forest officer as a forest service scaler, and

(c) a licensed scaler other than a forest officer as an official scaler for a term specified in the appointment.

Re-examination

101   (1) The minister, in a notice served on a licensed scaler, may require the licensed scaler to be examined under section 100.

(2) Unless the licensed scaler passes the examination within the time specified by the minister in the notice, the licensed scaler's scaling licence terminates at the end of the specified time.

Suspension and cancellation

102   (1) If a licensed scaler fails to properly perform the licensed scaler's duties or comply with this Part or the regulations respecting scaling,

(a) the minister, in a notice served on the licensed scaler, may suspend the latter's scaling licence for a period of time, and

(b) the minister, whether or not the licence is under suspension, in a notice served on the licensed scaler, may cancel the latter's scaling licence.

(2) Before the minister cancels a scaling licence, the minister must give the licensed scaler an opportunity to be heard.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 11.1 | Part 12 | Part 13 | Part 14