Timber marking: interpretation

82   In this Part:

"registrar" means the registrar designated by the minister to administer timber marks and marine log brands;

"unscaled timber" includes timber for which the amount of stumpage has been calculated under section 106.

Timber mark duration

83   (1) A timber mark held under an agreement listed in section 12

(a) is suspended if, under this Act, the agreement is suspended, or

(b) is cancelled, if under this Act, the agreement expires or is surrendered or cancelled.

(2) A timber mark held under a certificate issued under section 85, other than a certificate issued in respect of private land that is subject to an area-based licence, expires on the fifth anniversary of the issue date of the certificate or, by consent of the applicant, on an earlier date specified in the certificate.

(3) A timber mark held under a renewal certificate issued under section 85, other than a certificate issued in respect of private land that is subject to an area-based licence, expires on the fifth anniversary of the renewal date of the certificate or, by consent of the applicant, on an earlier date specified in the certificate.

(4) A timber mark held under a certificate or renewal certificate issued under section 85 that is in respect of private land subject to an area-based licence does not expire but

(a) is suspended if, under this Act, the licence or agreement is suspended,

(b) is cancelled if, under this Act, the licence or agreement expires or is surrendered or cancelled, or

(c) subject to subsection (5) of this section, is cancelled if the private land is otherwise no longer subject to the licence or agreement.

(5) If

(a) a certificate or renewal certificate issued under section 85 is in respect of private land subject to an area-based licence, and

(b) subsequently that private land is no longer subject to the licence or agreement but the owner of the land remains the same,

the timber mark held under the certificate expires on the fifth anniversary of the date the private land is no longer subject to the licence or agreement.

Timber marks

84   (1) Each of

(a) the holder of a timber mark, and

(b) a person acting with the consent of the holder of a timber mark

must ensure that unscaled timber that is

(c) stored in decks or piles on Crown land or private land, or

(d) removed or transported from Crown land or private land

has been marked in the prescribed manner with the timber mark that pertains to that land.

(2) [Repealed 2008-4-8.]

(3) A person must not

(a) store unscaled timber in decks or piles on Crown land or, in prescribed circumstances, on private land, or

(b) remove or transport unscaled timber from Crown land or private land

unless the timber has been marked in the prescribed manner with a timber mark that pertains to that land.

(4) Before timber marked under this section is used in manufacturing, a person must not remove, obliterate or alter a timber mark that has been applied to timber.

(5) The minister may exempt unscaled timber from subsection (1) or (3) and may attach conditions to the exemption.

(6) Each of the following must ensure compliance with the conditions attached to an exemption under subsection (5):

(a) the holder of a timber mark;

(b) a person acting with the consent of the holder of a timber mark;

(c) a person storing unscaled timber on Crown land or private land or removing or transporting unscaled timber from Crown land or private land.

Applications

85   (1) On application that identifies private land on which there is timber, in a form required by the minister, and on payment of the fee, if any, required by the minister, the registrar must

(a) issue a certificate, or a renewal certificate, that describes a timber mark and identifies the private land

(i) to the person, if any, who is identified as the owner of the timber under a charge registered in the land title office against the private land, or

(ii) if no charge as described in subparagraph (i) is registered in the land title office against the private land, to the person who, according to the records of the land title office, is the beneficial owner of the private land as

(A) the registered owner in fee simple, or

(B) the holder of an agreement to purchase the private land,

(b) issue to an agent of the government or to a private utility company a certificate or renewal certificate that describes a timber mark and identifies the private land and the agent or company to which the certificate pertains, if the registrar is satisfied that the agent or utility has the authority to harvest the timber, and

(c) issue to the holder of a woodlot licence a certificate that describes a timber mark and identifies the private land that is subject to the woodlot licence to which the certificate pertains, if the registrar is satisfied that the woodlot licence holder has the authority to harvest the timber.

(2) The registrar may include terms and conditions in the certificate and the holder of the certificate must comply with those terms and conditions.

(3) On application by the holder of a certificate issued under subsection (1) (a), the registrar may approve the use of a timber mark described in the certificate, for timber owned by the applicant and cut on private land other than the private land originally described in the certificate.

(3.1) On application by the holder of a certificate issued under subsection (1) (b), the registrar may approve the use of a timber mark described in the certificate, for timber cut on private land other than the private land originally described in the certificate, if the registrar is satisfied that the agent or utility has the authority to harvest the timber from that other private land.

(3.2) As a condition precedent to issuing a timber mark under subsection (1) or granting an approval under subsection (3) or (3.1), the registrar may require evidence to his or her satisfaction that the applicant for the timber mark or approval is the owner of the timber according to the records of the land title office.

(4) If the registrar exercises his or her powers under subsection (3) or (3.1), the registrar must amend accordingly the certificate issued under subsection (1) and the timber mark register.

(5) After giving the holder of a timber mark an opportunity to be heard, the registrar may cancel a certificate or renewal certificate issued under this section and the timber mark described in it

(a) if the holder of the timber mark contravenes a provision of Part 5 or 6, or

(b) for other sufficient cause.

Scaled timber brands

86   (1) Each of

(a) the holder of a scaled timber brand, and

(b) a person acting with the consent of the holder of a scaled timber brand

must ensure that timber removed or transported from the scale site to which the scaled timber brand pertains has been marked in the prescribed manner with that scaled timber brand.

(2) A person must not

(a) remove or transport scaled timber from a scale site unless the timber has been marked in the prescribed manner with a scaled timber brand, or

(b) apply a scaled timber brand to timber except at

(i) the scale site to which the scaled timber brand applies, or

(ii) another location approved by the minister.

(3) The minister may exempt scaled timber from subsection (1) or (2) and may attach conditions to the exemption.

(3.1) Each of the following must ensure compliance with the conditions attached to an exemption under subsection (3):

(a) the holder of a scaled timber brand;

(b) a person acting with the consent of the holder of a scaled timber brand;

(c) a person removing or transporting scaled timber from a scale site.

(4) Before use of the timber in manufacturing, a person must not remove, obliterate or alter a scaled timber brand that has been applied to timber.

Applications

87   (1) On application by the scale site operator in a form required by the minister, the minister must issue to the applicant a certificate that describes a scaled timber brand and identifies the scale site to which it pertains, and may attach conditions to the certificate.

(2) After giving the holder of a scaled timber brand an opportunity to be heard, the minister may suspend a certificate issued under subsection (1) and the scaled timber brand described in it

(a) if the scale site operator contravenes a provision of Part 5 or 6, or

(b) for other sufficient cause.

(3) On application of the holder of the scaled timber brand, the minister must give the holder an opportunity to be heard and must rescind the suspension if

(a) the holder is no longer in contravention of the provision that gave rise to the suspension, or

(b) the suspension was for sufficient cause under subsection (2) (b), and the holder has remedied the circumstances that gave rise to the suspension.

(4) If a certificate and the scaled timber brand described in it are under suspension, the minister may cancel them.

Marine log brand

88   (1) On receiving an application the registrar may approve a marine log brand that, in his or her opinion, does not so closely resemble any other marine log brand as to be misleading.

(2) An application must be in the form required by the minister, include a prescribed fee and contain a facsimile of the marine log brand applied for.

(3) If the registrar approves a marine log brand the registrar must issue to the applicant a certificate containing a facsimile of the marine log brand.

Marking with marine log brand

89   (1) A person must not apply a marine log brand to timber unless

(a) the person has obtained

(i) a certificate under section 88 (3) for the marine log brand, or

(ii) the consent of a person who has obtained a certificate under section 88 (3) for the marine log brand, and

(b) the timber has been

(i) marked with a timber mark in accordance with this Part, and

(ii) scaled in accordance with Part 6.

(2) A person who applies a marine log brand under subsection (1) must mark the timber in the prescribed manner.

Transfer

90   (1) A person must not use a timber mark, scaled timber brand or marine log brand without the consent of the holder.

(2) The holder of a marine log brand must not transfer the right to use it to another person without the written consent of the minister and without giving prior notice to the registrar.

(3) Each of

(a) a timber mark held under a certificate or renewal certificate issued under section 85 and the certificate, and

(b) a scaled timber brand held under a certificate issued under section 87 and the certificate,

is not transferable.

(4) Subsection (3) does not apply to a timber mark or certificate that pertains to an agreement that is disposed of in accordance with section 54.

Evidence

91   A certificate, purporting to be signed by the registrar or the chief forester, to the effect that a timber mark certificate has been issued to, or a marine log brand has been approved for use by, a person, must be received in court as proof of the facts stated in it.

Registers

92   The registrar must keep

(a) a timber mark register in which must be noted the characters of each timber mark, the name of its holder and the land the mark pertains to, and

(b) a marine log brand register in which must be noted the characters of each marine log brand approved and the name of its holder.