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| B.C. Reg. 253/97 O.C. 833/97 |
Deposited July 25, 1997 effective September 1, 1997 |
| This archived regulation consolidation is current to April 1, 2005 and includes changes enacted and in force by that date. For the most current information, click here. |
Forest Act
[includes amendments up to B.C. Reg. 336/99]
1 (1) In this regulation:
"Act" means the Forest Act, R.S.B.C. 1996, c. 157;
"scale site" means a place for which a scale site authorization issued under the Act is in effect;
"timber" means trees, whether living, dead, limbed, bucked or peeled, and includes special forest products;
"truck" includes a multi-trailer configuration;
"unscaled timber" includes timber which is subject to section 106 of the Act.
(2) For the purpose of this regulation, the load of timber carried on a truck and on each trailer in a multi-trailer configuration is considered for marking purposes to be a separate load.
[am. B.C. Reg. 422/97, s. 1.]
2 For the purpose of Part 6 of the Act, a person must transport unscaled timber to a scale site designated by a forest officer.
3 (1) For the purposes of section 84 of the Forest Act, a person who stores unscaled timber in decks or piles must apply the correct timber mark to one end of at least 10% of the timber pieces in each deck or pile using hammer indentation, if the deck or pile is
(a) on Crown land, or
(b) on private land, if
(i) the private land is
(A) immediately adjacent to Crown land that is subject to an agreement under the Forest Act, or
(B) subject to a woodlot licence, or is immediately adjacent to either private land or Crown land that is subject to a woodlot licence,
or
(ii) the regional manager, district manager, or a forest officer authorized by either one of them, has served notice on the person that this section applies to the private land because unscaled timber stored in decks or piles on that land is at risk of being manufactured, mismarked or mixed with stumpage bearing timber from Crown land.
(2) Subsection (1) is subject to any greater timber marking requirement specified in an agreement referred to in section 12 of the Act or in a cutting permit.
[am. B.C. Regs. 422/97, s. 2; 336/99, Sch. 1.]
4 (1) For the purpose of section 84 of the Act, before a person transports unscaled timber by truck or rail car, the correct timber mark must be legibly and conspicuously applied to the timber carried on the truck or rail car
(a) on at least 2 log ends at the front and at least 2 log ends at the back of the load of timber using a hammer indentation, and
(b) on each side of the load of timber with at least one timber mark using paint.
(2) Subsection (1) is subject to any greater timber marking requirement specified in an agreement referred to in section 12 of the Act or in a cutting permit.
[am. B.C. Reg. 422/97, s. 3.]
5 (1) For the purpose of section 84 of the Act, before a person transports unscaled timber in rafts or bundles in the water or in bundles on a barge from which the bundles will be dumped into the water, the correct timber mark must be legibly and conspicuously applied on one log end of each piece of timber using a hammer indentation.
(2) Before a person transports unscaled timber by truck or rail car on a barge or ferry, or by barge or in bundles on a barge from which the timber will not be dumped into the water, the correct timber mark must be legibly and conspicuously applied to each load or bundle
(a) on at least 2 log ends at the front and at least 2 log ends at the back of each load or bundle using a hammer indentation, and
(b) on each side of the load or bundle with at least one timber mark using paint.
[en. B.C. Reg. 422/97, s. 4.]
6 If it is not feasible to apply the timber mark as required by section 4 or 5, the timber mark may be applied to the sides of the timber using crayon or paint as directed by a forest officer.
7 For the purpose of section 86 of the Act, before a person transports scaled timber by truck or rail car, the correct scaled timber brand must be legibly and conspicuously applied to the timber carried on the truck or rail car
(a) on at least 2 log ends at the front and at least 2 log ends at the back of the load of timber using a hammer indentation, and
(b) on each side of the load of timber with at least one scaled timber brand using paint.
[en. B.C. Reg. 422/97, s. 5.]
7.1 (1) For the purpose of section 86 of the Act, before a person transports scaled timber in bundles on the water, or in bundles on a barge from which the bundles will be dumped into the water, the correct scaled timber brand must be legibly and conspicuously applied on at least 4 log ends at the front of each bundle and at least 4 log ends at the back of each bundle using durable and waterproof tags.
(2) For the purpose of section 86 of the Act, before a person transports scaled timber in rafts, or loose logs on a barge from which the logs will be dumped into the water, the correct scaled timber brand must be legibly and conspicuously applied on one end of each piece of timber using a hammer indentation.
(3) Section 7 and subsections (1) and (2) of this section are subject to any greater scaled timber brand requirements specified in a certificate issued under section 87 of the Act.
[en. B.C. Reg. 422/97, s. 5.]
8 If it is not feasible to apply the scaled timber brand as required by section 7 or 7.1, the scaled timber brand may be applied to the sides of the timber using crayon or paint as directed by a forest officer.
[am. B.C. Reg. 422/97, s. 6.]
9 For the purpose of section 89 of the Act, if timber is marked with a marine log brand, the correct marine log brand must be applied using a hammer indentation on one log end of each piece of timber in rafts or bundles or on a barge.
[am. B.C. Reg. 422/97, s. 7.]
10 (1) A person who transports timber in British Columbia, or causes timber to be transported in British Columbia, whether the timber was harvested at a place within or outside of British Columbia, must, at all times, have in his or her possession a written record of the timber being transported.
(2) The written record referred to in subsection (1) must include all of the following information:
(a) identification, by licence number or by name, of the truck, rail car or vessel in which the timber is being transported;
(b) a description of the location of origin of the timber;
(c) the date on and time at which the transport of the timber begins;
(d) the destination of the timber;
(e) the timber mark or timber brand, or both, applied to the timber being transported;
(f) the name and signature of the timber transport operator;
(g) if the timber has been scaled, the scaler's signature and licence number or the signature of an authorized person at the scale site;
(h) a unique serial number.
(3) When timber is being transported, the following persons must ensure that the written record required by this section is accurately completed, and copies of the written record are retained and remitted as directed by a forest officer:
(a) the holder of the timber mark for the location of origin of the timber;
(a.1) the transport operator;
(b) the receiver of the timber or the operator of the scale site to which the timber is being transported;
(c) the holder of the scaled timber brand and, if applicable, the marine log brand for the site from which the timber is being transported.
(4) A person who is required by this section to carry or retain a copy of the written record must produce the record for inspection if requested to do so by a forest officer.
(5) A regional manager, district manager or forest officer may exempt a person from any or all of the requirements of this section.
[am. B.C. Reg. 422/97, s. 8.]
11 A person who contravenes section 10 commits an offence and is liable on conviction to a fine of not more than $50 000 or imprisonment for not more than 6 months, or both a fine and imprisonment.
Note: this regulation replaces B.C. Reg. 567/78
[Provisions of the Forest Act, R.S.B.C. 1996, c. 157, relevant to the enactment of this regulation: sections 84, 86, 89, 97 and 151 (1.1), (2) (d) and (n.1) and (3)]
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