253_97 — Timber Marking and Transportation Regulation

s. 1 — Interpretation

s. 1(1)

In this regulation:

s. 1(1) — Act

Act means the Forest Act;

s. 1(1) — bundle tag

bundle tag means a durable and waterproof tag showing a unique

s. 1(1)(a)

identification number, or

s. 1(1)(b)

combination of numbers and letters;

s. 1(1) — scale site

scale site means a place for which a scale site authorization issued under the Act is in effect;

s. 1(1) — timber

timber means trees, whether living, dead, limbed, bucked or peeled, and includes special forest products;

s. 1(1) — truck

truck includes a multi-trailer configuration;

s. 1(1) — unscaled timber

unscaled timber includes timber which is subject to section 106 of the Act.

s. 1(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.

s. 2 — Scale site designation and conditions of transport

s. 2(1)

For the purpose of Part 6 of the Act, a person must

s. 2(1)(a)

transport unscaled timber to a scale site designated by a forest officer, and

s. 2(1)(b)

if conditions are imposed on the person under subsection (2), comply with the conditions.

s. 2(2)

If the minister considers it necessary or desirable to ensure that timber being transported under subsection (1) is delivered to the scale site and scaled, the minister may impose conditions on the transportation of the timber.

s. 2(3)

In respect of timber transported by water, a condition imposed under subsection (2) may, without limiting the conditions that may be imposed, require the person to make a report to the minister, in the form and manner required by the minister, showing

s. 2(3)(a)

the amount of timber that was shipped,

s. 2(3)(b)

the amount of timber that was scaled, and

s. 2(3)(c)

the bundle tag numbers cross-referenced with the information required under section 10 and in scale returns.

s. 3 — Timber marking requirements — stored timber

s. 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

s. 3(1)(a)

on Crown land, or

s. 3(1)(b)

on private land, if

s. 3(1)(b)(i)

the private land is

s. 3(1)(b)(i)(A)

immediately adjacent to Crown land that is subject to an agreement under the Forest Act, or

s. 3(1)(b)(i)(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

s. 3(1)(b)(ii)

the minister 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.

s. 3(2)

Subsection (1) is subject to any additional timber marking requirement specified in an agreement referred to in section 12 of the Act.

s. 4 — Timber marking requirements — land transportation

s. 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

s. 4(1)(a)

on each side of the load of timber, truck or rail car, by using one of the following methods:

s. 4(1)(a)(i)

writing the timber mark in paint or crayon on the timber;

s. 4(1)(a)(ii)

attaching a sign displaying the timber mark to the timber, truck or rail car;

s. 4(1)(a)(iii)

using another method as directed by the minister, and

s. 4(1)(b)

if the timber includes logs, by using a hammer indentation on at least 2 log ends at the front and at least 2 log ends at the back of the load of timber.

s. 4(2)

Subsection (1) is subject to any additional timber marking requirement specified in an agreement referred to in section 12 of the Act.

s. 5 — Timber marking requirements — water transportation

s. 5(1)

For the purpose of section 84 of the Act, before a person transports unscaled timber in rafts on the water, or as loose logs on a barge from which the logs 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.

s. 5(2)

For the purpose of section 84 of the Act, before a person transports unscaled timber in bundles, either in rafts on the water or on a barge from which the bundles will be dumped into the water,

s. 5(2)(a)

the correct timber mark must be legibly and conspicuously applied to 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

s. 5(2)(b)

the correct bundle tag must be attached to at least 2 log ends at the front and at least 2 log ends at the back of each bundle.

s. 5(3)

If the minister considers it necessary or desirable to minimize the risk of timber loss, the minister may impose additional timber mark requirements to those specified in subsection (2).

s. 5(4)

A person transporting timber under subsection (2) must comply with any conditions imposed under subsection (3) with respect to that timber.

s. 5(5)

For the purpose of section 84 of the Act, before a person transports unscaled timber by barge, truck or rail car on a barge or ferry, 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 using a hammer indentation on at least 2 log ends at the front and at least 2 log ends at the back.

s. 6 — Exception

If it is not feasible to apply the timber mark as required by section 5, the timber mark may be applied to each load or bundle as directed by the minister.

s. 7 — Scaled timber brand requirements — land transportation

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

s. 7(a)

on each side of the load of timber, truck or rail car, by using one of the following methods:

s. 7(a)(i)

writing the timber brand in paint or crayon on the timber;

s. 7(a)(ii)

attaching a sign displaying the timber brand to the timber, truck or rail car;

s. 7(a)(iii)

using another method as directed by the minister, and

s. 7(b)

if the timber includes logs, by using a hammer indentation on at least 2 log ends at the front and at least 2 log ends at the back of the load of timber.

s. 7.1 — Scaled timber brand requirements — water transportation

s. 7.1(1)

For the purpose of section 86 of the Act, before a person transports scaled timber in rafts on the water, or as 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 log end of each piece of timber using a hammer indentation.

s. 7.1(2)

For the purpose of section 86 of the Act, before a person transports scaled timber in bundles, either in rafts on the water or on a barge from which the bundles will be dumped into the water, a bundle tag must be attached, showing the correct scaled timber brand, to at least 4 log ends at the front and at least 4 log ends at the back of each bundle.

s. 7.1(3)

For the purpose of section 86 of the Act, before a person transports scaled timber by barge, truck or rail car on a barge or ferry, or in bundles on a barge from which the timber will not be dumped into the water, the correct scaled timber brand must be legibly and conspicuously applied to each load or bundle using a hammer indentation on at least 2 log ends at the front and at least 2 log ends at the back.

s. 7.2 — Scaled timber brands — additional requirements

Sections 7 and 7.1 are subject to any additional scaled timber brand requirements specified in a certificate issued under section 87 of the Act.

s. 8 — Exception

s. 8(1)

If it is not feasible to apply the scaled timber brand as required by section 7.1 or 7.2, the scaled timber brand may be applied to each load or bundle as directed by the minister.

s. 8(2)

Section 7 does not apply to special forest products referred to in section 1 (i) [woodchips] and (j) [hogged tree material] of the Special Forest Products Regulation if those special forest products are produced from timber that has been scaled.

s. 9 — Marine log brand requirements

s. 9(1)

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.

s. 9(2)

Despite subsection (1), if timber described in that subsection is being transported in bundles, either in rafts on the water or on a barge from which the logs will be dumped into the water, to at least 4 log ends at the front and at least 4 log ends at the back of each bundle.

s. 9(2)(a)

the correct marine log brand may be applied using a hammer indentation, or

s. 9(2)(b)

a bundle tag showing the correct marine log brand may be attached

s. 10 — Documentation requirements

s. 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 the person's possession a written record of the timber being transported.

s. 10(2)

The written record referred to in subsection (1) must include all of the following information:

s. 10(2)(a)

identification, being

s. 10(2)(a)(i)

for timber transported by land, the licence number or name of the truck or rail car in which the timber is being transported, or

s. 10(2)(a)(ii)

for timber transported by water, a reference number corresponding to the boom, barge or vessel in which the timber is being transported;

s. 10(2)(b)

a description of the location of origin of the timber;

s. 10(2)(c)

the date on and time at which the transport of the timber begins;

s. 10(2)(d)

the destination of the timber;

s. 10(2)(e)

if the timber has not been scaled, the timber mark applied to the timber being transported;

s. 10(2)(e.1)

if the timber has been scaled,

s. 10(2)(e.1)(i)

the scaled timber brand or marine log brand, or both, applied to the timber being transported, and

s. 10(2)(e.1)(ii)

the scaler's signature and licence number or the signature of an authorized person at the scale site;

s. 10(2)(f)

the name and signature of the timber transport operator;

s. 10(2)(g)

Repealed. [B.C. Reg. 257/2007, Sch., s. 6 (a).]

s. 10(2)(h)

for timber transported by land, a unique serial number;

s. 10(2)(i)

for timber transported by water, the number or combination of numbers and letters showing on the bundle tag attached to the timber.

s. 10(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 the minister:

s. 10(3)(a)

the holder of the timber mark that is applied to the timber;

s. 10(3)(a.1)

the transport operator;

s. 10(3)(b)

the receiver of the timber or the operator of the scale site to which the timber is being transported;

s. 10(3)(c)

the holder of the scaled timber brand and, if applicable, the marine log brand that is applied to the timber.

s. 10(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.

s. 10(5)

The minister may exempt a person from any or all of the requirements of this section.

s. 11 — Offence

A person who contravenes any of sections 2 (1) (b), 5 (2) (b) or (4), 7.1 (2) or 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.