BILL 18

An Act to Amend the Scalers Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Subsection 3(1) of the Scalers Act, chapter S-4.1 of the Acts of New Brunswick, 1981, is repealed and the following is substituted:

3(1) The Board shall examine candidates for licenses to scale primary forest products and candidates for renewals of those licenses and shall perform any other duties that are assigned to it by the Lieutenant-Governor in Council.

2 Section 6 of the Act is repealed and the following is substituted:

6(1) For the purpose of holding examinations, the Board shall sit at the places determined by the Minister and on the dates set by him or her.

6(2) Before being permitted by the Board to take an examination, a candidate shall

(a)  complete an examination application form provided by the Minister,

(b)  have attained the age of 19 years, and

(c)  satisfy the Board that he or she has

(i) at least two years experience in scaling primary forest products, or

(ii) graduated from a college, technical institute or university in a program of study that in the opinion of the Board provides practical training and instruction equivalent to two years experience in scaling primary forest products.

6(3) Candidates shall present themselves before the Board on the examination day set by the Minister.

6(4) Within 60 days after the close of an examination for a scaler’s license, the Board shall transmit to the Minister the names of the candidates that it believes are trustworthy and of good character, who have passed a satisfactory examination and are recommended as being competent to adopt one or more of the following methods of scaling primary forest products:

(a)  by individual units, according to a procedure established by the Minister;

(b)  by mass;

(c)  by stacked measure; and

(d)  by board feet.

6(5) The Board may establish the method and program of examinations.

3 The Act is amended by adding after section 6 the following:

Renewal examinations

6.1(1) Before a scaler’s license may be renewed, the holder of a license shall successfully pass a renewal examination no more than 120 days before the expiry of the license.

6.1(2) Before being permitted by the Board to take a renewal examination, a holder of a scaler’s license shall

(a)  complete a renewal examination application form provided by the Minister, and

(b)  satisfy the Board that he or she has

(i) scaled primary forest products cut on Crown Lands or scaled primary forest products marketed through a Producer Association within a five year period before the expiry date of the license, or

(ii) attended a scaler refresher course approved by the Board no more than one year before the expiry date of the license.

6.1(3) A candidate for a renewal examination shall present himself or herself before the Board on the examination day set by the Minister.

6.1(4) Subsection 6(4) applies with the necessary modifications with respect to recommendations made by the Board following a renewal examination.

4 Section 7 of the Act is amended

(a)  by repealing subsection (1) and substituting the following:

7(1) On payment of the fee prescribed by regulation, the Minister may issue to a person a scaler’s license in accordance with the recommendation of the Board under section 6.

(b)  by adding after subsection (1) the following:

7(1.1) A scaler’s license shall be of a specific class and the class to which the license belongs shall be endorsed on the license.

7(1.2) A scaler’s license is valid for a period of five years following the date of its issuance, expires on the day specified on the license and may be renewed.

5 The Act is amended by adding after section 7 the following:

Renewal of scaler’s license

7.1 On payment of the fee prescribed by regulation, the Minister may renew a scaler’s license in accordance with the recommendation of the Board under section 6.1.

6 Section 9 of the Act is repealed and the following is substituted:

9 Subject to section 10, no person shall act as a scaler with respect to a primary forest product unless that person holds the proper class of scaler’s license.

7 Paragraph 19(e) of the Act is repealed and the following is substituted:

(e)  prescribing fees for the purposes of sections 7 and 7.1;

COMMENCEMENT AND TRANSITIONAL PROVISIONS

Transitional provisions

8(1) Any scaler’s license issued under the Scalers Act before the commencement of this section that is not renewed shall expire on June 30, 2012.

8(2) Subject to subsection (3), the Scalers Act applies with respect to the renewal of a scaler’s license issued under the Scalers Act before the commencement of this section.

8(3) Despite subsection 6.1(1) and paragraph 6.1(2)(b), before being permitted to take a renewal examination, a holder of a scaler’s license referred to in subsection (1) shall satisfy the Board that he or she has

(a)  scaled primary forest products cut on Crown Lands or scaled primary forest products marketed through a Producer Association within a five year period before the commencement of this section, or

(b)  attended a scaler refresher course approved by the Board of Examiners no more than one year before the commencement of this section.

Commencement

9 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.