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"Point in Time" Regulation Content

Forest Act

Scaling Regulation

B.C. Reg. 446/94

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 3 June 15, 2011
March 30, 2022
Section 4 June 15, 2011
Section 5 June 15, 2011
Section 5.1 June 15, 2011
Section 6 June 15, 2011
Section 7 November 28, 2013
Section 11 March 15, 2016,
June 15, 2011
Schedule of Coast Timber Grades March 15, 2016

 Section 3 BEFORE amended by BC Reg 89/2011, effective June 15, 2011.

 Late scale requirement

3  (1)  If a regional manager, district manager or forest officer determines that timber required to be scaled under the Act has not been scaled as soon as possible after the timber is cut, he or she may order that the timber be scaled using an estimate.

(2)  If a regional manager, district manager or forest officer is not satisfied with the reliability of the scale under subsection (1), he or she may order another scale to be undertaken to replace the scale.

(3)  If, in the opinion of the regional manager, district manager or forest officer,

(a) the volume of the timber has changed, or

(b) the quality of the timber has deteriorated,

between the time the timber should have been scaled under section 2 and the time the timber is scaled under subsection (1) or (2), the scale under subsection (1) or (2) must be done by estimating the volume and grade of the timber at the time the timber should have been scaled under section 2.

[en. B.C. Reg. 270/97, s. 2.]

 Section 3 (1) and (2) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(1) If the minister determines that timber required to be scaled under the Act has not been scaled as soon as possible after the timber is cut, he or she may order that the timber be scaled using a method approved by the minister.

(2) If the minister is not satisfied with the reliability of the scale under subsection (1), he or she may order another scale to be undertaken to replace the scale.

 Section 4 (2) BEFORE amended by BC Reg 89/2011, effective June 15, 2011.

(2)  A regional manager, district manager or forest officer may, to ensure accurate scaling, order or permit a scale site owner or operator to cut the timber before scaling.

 Section 5 (1) (part) and (1) (c) BEFORE amended by BC Reg 89/2011, effective June 15, 2011.

(1)  Timber that is required by the Act to be scaled must be scaled

(c) by another method, including an estimate approved by the regional manager, district manager or forest officer for the purposes of

(i)  section 3 (1) of this regulation, or

(ii)  accounting for timber lost during water transportation, as reported under section 2 (3) of the Timber Marking and Transportation Regulation, or

(iii)  scaling timber that is a special forest product, other than Christmas trees.

 Section 5 (1.1) (part) and (2) BEFORE amended by BC Reg 89/2011, effective June 15, 2011.

(1.1)  Timber scaled under subsection (1) (b) must be scaled in accordance with a sampling plan approved by the regional manager, district manager or forest officer as follows:

(2)  An approval under subsection (1) (b) or (c) may be withdrawn at any time by the regional manager, district manager or forest officer in order to ensure accurate scaling.

 Section 5 (5) BEFORE repealed by BC Reg 89/2011, effective June 15, 2011.

(5)  Christmas trees must be scaled

(a) by classifying each tree by species and by length as less than 3 m, as 3 m to 5 m or as more than 5 m, and

(b) by counting the number of trees in each classification.

 Section 5.1 was enacted by BC Reg 89/2011, effective June 15, 2011.

 Section 6 (a) (ii) BEFORE amended by BC Reg 89/2011, effective June 15, 2011.

(ii)  where required by the regional manager, district manager or forest officer, any other diameter,

 Section 6 (f) BEFORE amended by BC Reg 89/2011, effective June 15, 2011.

(f) if a regional manager, district manager or forest officer directs that a diameter be measured at a place other than the end, measure the length between every adjacent diameter, and measure the diameters and record the log as 2 or more pieces,

 Section 7 BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

 Schedule of timber grades

7  Timber must be classified by grade in accordance with

(a) the Schedule of Coast Timber Grades, if timber is cut in a forest region or part of a forest region where the policies and procedures approved by the minister under section 105 (1) (b) of the Act specify that log selling prices must be used to determine the rates of stumpage applicable to the timber, or

(b) the Schedule of Interior Timber Grades if paragraph (a) does not apply.

[am. B.C. Reg. 270/97, s. 4.]

 Section 11 (1) BEFORE amended by BC Reg 45/2016, effective March 15, 2016.

(1) For the purposes of section 97 (1) of the Act, the prescribed time is 14 days after the scale return is completed in the form approved by the minister.

 Section 11 (3) (part) BEFORE amended by BC Reg 89/2011, effective June 15, 2011.

(3)  The regional manager, or a forest officer authorized by the regional manager, may waive a penalty under subsection (2) if satisfied that

 Schedule of Coast Timber Grades, Section 4 (c) and (d) BEFORE amended by BC Reg 45/2016, effective March 15, 2016.

(c) No. 2 Sawlog Cypress, Grade Code H
A log 4 m or more in length and 19 cm or more in radius where at least 50% of the gross scale can be manufactured into lumber and at least 65% of that lumber will be merchantable.

(d) No. 3 Sawlog Cypress, Grade Code I
A log 4 m or more in length and 19 cm or more in radius where at least 50% of the gross scale can be manufactured into lumber and at least 50% of that lumber will be merchantable.