First

Session, 50th General Assembly

Elizabeth II, 2022

BILL 61

AN ACT TO AMEND THE

FORESTRY ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE DERRICK

BRAGG

Minister of

Fisheries, Forestry and Agriculture

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Forestry

Act to

remove references to the Timber Scalers Board

and authorize the chief scaler to fulfil the requirements and perform the

duties of the board; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE FORESTRY ACT

Analysis

S.2 Amdt.

Definitions

S.3 Amdt.

Duty of minister

S.3.1 Amdt.

Labrador Inuit rights

S.7 Amdt.

Forest management district

S.12 Amdt.

Exchange of cutting rights

S.21 Amdt.

Timber excluded from agreement

S.27 Amdt.

Cutting permit

S.33 Amdt.

Garnishment

S.39 Amdt.

Definitions

S.40 Amdt.

Application for certificate

S.44 Amdt.

Consolidation order

S.48 Amdt.

Appeal to board

S.52 Amdt.

Annual assessment roll

S.54 Amdt.

Persons having mutual rights

S.55 Amdt.

Certificate of assessor

S.59 Amdt.

Appeal to board

S.63 Amdt.

Liability for tax

S.64 Amdt.

Assessment directed by minister

19. S.98 Amdt.

Permit to burn

S.99 Amdt.

Minister may prohibit fires

S.101 Amdt.

Disposal of matches, etc. prohibited

S.108.1 Amdt.

Seizure permitted

S.113 Amdt.

Construction or abandonment to be approved

S.119 Amdt.

Definitions

S.119.1 Added

Chief scaler

S.121 Amdt.

Right of entry

S.123 Rep.

Timber Scalers Board

S.124 R&S

Duties of chief scaler

S.125 R&S

Examinations

S.126 Amdt.

Training period

S.127 Amdt.

Certificate

S.128 Amdt.

Classes of certificates

S.129 Amdt.

Renewal of certificate

S.130 Amdt.

Ineligibility for certificate

S.131 R&S

Oath

S.134 Amdt.

Temporary permit

S.136 Amdt.

Referral of disputes

S.137 R&S

Appeal to chief scaler

S.138 Amdt.

Revocation of certificate

S.141 Amdt.

Regulations

S.142 Amdt.

Entry on to private land

S.147 Amdt.

Cutting trees near a highway

S.149.1 Amdt.

Search warrants

S.150 Amdt.

Obstructing official

S.151 Amdt.

Officer may request permit

S.152 Amdt.

Refusal to give name, etc.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-23

as amended

1. Paragraph 2(m.2) of the Forestry Act is amended by deleting the words "his or her

behalf" and substituting the words "behalf of the Crown or the

person".

2. Subsection 3(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister".

3. Subsection 3.1(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister".

4. Subsection 7(3) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister".

5. Subsection 12(5) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the holder's".

Section 21 of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the

words "the minister's".

7. (1) Subsection 27(1.1) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the person"; and

(

b) deleting the words "him or her"

wherever they appear and substituting the words "the person".

(2) Subsection 27(2) of the Act is amended by

deleting the words "his or her".

(3) Subsection 27(3) of the Act is amended by

(

a) deleting the words "his or her"; and

(

b) deleting the words "him or her" and

substituting the words "the person".

(4) Subsection 27(3.1) of the Act is amended by

deleting the words "his or her".

(5) Subsection 27(5.2) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the person"; and

(

b) deleting the words "him or her" and

substituting the words "the person".

8. Subsection 33(3) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the person's"; and

(

b) deleting the words "him or her" and

substituting the words "the person".

9. Paragraph 39(

d) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

Section 40 of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the

words "the person's".

Section 44 of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the word

"their".

12. Subsection 48(7) of the Act is amended by

deleting the words "him or her" and substituting the words "the

minister".

13. Subsection 52(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

assessor's".

Section 54 of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the

words "the person's".

15. Subsection 55(2) of the Act is amended by

deleting the words "to him or her" and substituting the words

"under subsection (1)".

16. Subsection 59(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

appellant".

17. Subsection 63(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

18. Subsection 64(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

19. Subsection 98(5) of the Act is amended by

deleting the words "he or she" and substituting the words "the

forestry official".

20. Subsection 99(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister".

21. Subsection 101(7) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

Section 108.1 of the Act is amended by deleting

the words "he or she" and substituting the words "the forestry

official".

Section 113 of the Act is amended by deleting

the words "he or she" wherever they appear and substituting the words

"the minister or forestry official".

(1) Paragraph 119(

a) of the Act is repealed.

(2) Paragraph 119(

d) of the Act is repealed and

the following substituted:

(d) "chief scaler" means the person

designated under

section 119.1;

25. The Act is amended by adding immediately after

section 119 the following:

Chief scaler

119.1 The minister shall designate an official scaler

employed by the department as chief scaler to be responsible for the

administration of the provincial timber scaling program and to perform the

duties established in this Act and the regulations .

Section 121 of the Act is amended by deleting

the words "his or her" and substituting the words "the timber

scaler's".

Section 123 of the Act is repealed.

Section 124 of the Act is repealed and the

following substituted:

Duties of chief

scaler

124. The

chief scaler shall perform the following duties:

(

a) examine the ability

and knowledge of persons who apply to be certified to scale timber;

(

b) issue certificates

to persons found after examination to be qualified to scale timber;

(

c) issue renewals of

certificates to persons who are qualified under this Part to scale timber;

(

d) notwithstanding

subsection 129(2), revoke or suspend or refuse to renew certificates issued

under this Part where after a hearing the chief scaler is satisfied that a

person no longer has the ability or knowledge to scale timber;

(

e) hear appeals made

under subsection 137(1);

(

f) recommend to the

minister new scaling methods before they are used; and

(

g) those other duties

that may be assigned to the chief scaler by the minister.

Section 125 of the Act is repealed and the

following substituted:

Examinations

(1) Examinations

for a scaler's certificate shall be held at the places and on the dates fixed

by the chief scaler.

(2) Before being

accepted for examination by the chief scaler, a candidate for a scaler's

certificate shall

(

a) have at least 6

months' experience as an assistant to a timber scaler or be a forestry graduate

of a university or technical school recognized for the purposes of this Part by

the chief scaler;

(

b) have attended a

course in scaling timber that has been approved by the chief scaler; and

(

c) provide the chief

scaler with the information that may be prescribed by the regulations.

(3) Notwithstanding

paragraph (2)(a), a candidate for a scaler's certificate who does not have 6

months' experience as an assistant to a timber scaler may be accepted for

examination by the chief scaler where the chief scaler considers that the

candidate has had equivalent experience.

Section 126 of the Act is amended by deleting

the word "board" wherever it appears and substituting the words

"chief scaler".

Section 127 of the Act is amended by deleting

the word "board" wherever it appears and substituting the words

"chief scaler".

Section 128 of the Act is amended by deleting

the word "board" and substituting the words "chief

scaler".

33. Subsection 129(2) of the Act is amended by

deleting the word "board" and substituting the words "chief

scaler".

Section 130 of the Act is amended by deleting

the word "board" and substituting the words "chief

scaler".

Section 131 of the Act is repealed and the

following substituted:

Oath

131. A timber scaler shall, upon appointment and before

beginning the timber scaler's duties, take the oath of office, in the form

prescribed by the minister, before a person empowered to administer oaths and

the oath shall immediately be transmitted to the chief scaler.

Section 134 of the Act is amended by deleting

the word "board" wherever it appears and substituting the words

"chief scaler".

(1) Section 136 of the Act is amended by adding

immediately after subsection (3) the following:

(3.1) The chief scaler shall not perform the

services of the official scaler referenced in subsection (3).

(2) Subsection 136(4) of the Act is amended by

deleting the words "him or her" and substituting the words "the

minister".

Section 137 of the Act is repealed and the

following substituted:

Appeal to chief

scaler

(1) A party to a dispute under

section 136 may appeal the decision of an official

scaler to the chief scaler.

(2) The chief scaler may

compel the official scaler to appear before the chief scaler as a witness.

(3) The decision of the

chief scaler in an appeal submitted to the chief scaler under subsection (1) is

final.

Section 138 of the Act is amended by deleting

the word "board" and substituting the words "chief

scaler".

40. Paragraph 141(

g) of the Act is amended by

deleting the word "board" and substituting the words "chief

scaler".

41. Subsection 142(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister or forestry official".

42. Subsection 147(4) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister or forestry official".

Section 149.1 of the Act is amended by deleting

the words "he or she" and substituting the words "the forestry

official".

Section 150 of the Act is amended by deleting

the words "his or her" and substituting the words "the forestry

official's".

Section 151 of the Act is amended by deleting

the words "he or she" and substituting the words "the forestry

official".

Section 152 of the Act is amended by deleting

the words "his or her" and substituting the words "the

person's".

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