Forests (Ministerial) Regulation

(no amdt) ALBERTA REGULATION 77/2021 Forests Act FORESTS (MINISTERIAL) REGULATION Table of Contents 1 Interpretation 2 Scaling standards 3 Scaling 4 Production of records 5 Permit and authorization required 6 Scaler’s permit 7 Cancel or suspend permit 8 Scale site authorization 9 Utilization standards 10 Repeal 11 Expiry 12 Coming into force Interpretation 1 (1) In this Regulation, (a) “Act” means the Forests Act ; (b) “authorization holder” means a person that has been issued a scale site authorization under the Scaling Standards of Alberta; (c) “check scale” means a scale conducted by a forest officer or a person authorized by the Minister to check the accuracy of another scale; (d) “Department” means the Department administered by the Minister; (e) “mass scaling” means scaling conducted using the scaling method set out in the Scaling Standards of Alberta; (f) “scale” means to measure or estimate the volume of felled timber for the purposes of reporting to the Crown or in the administration of the Act and regulations; (g) “scaling standards” means the scaling standards established under section 2; (h) “Scaling Standards of Alberta” means the Scaling Standards of Alberta published by the Minister; (i) “utilization standards” means the utilization standards established by the director under section 9 that apply in respect of the timber harvested under a timber disposition. (2) This Regulation, except for section 9, applies to scaling conducted to provide the Department with an accounting of harvested timber. Scaling standards 2 (1) The director may establish standards for the scaling of felled timber for the purposes of reporting to the Crown or in the administration of the Act and regulations. (2) The Minister shall publish the standards referred to in subsection (1) as the Scaling Standards of Alberta. Scaling 3 A person who scales timber shall do so in accordance with the methods set out in the Scaling Standards of Alberta. Production of records 4 A person who scales timber shall produce the person’s scaling records and notes to a forest officer within 2 days of demand. Permit and authorization required 5 No person may scale timber using the methods set out in the Scaling Standards of Alberta unless (a) that person holds a valid scaler’s permit, (b) the timber is at a scale site for which a scale site authorization issued under section 8 is in effect, and (c) if applicable, the weighing equipment at the scale site meets the standards in the Scaling Standards of Alberta. Scaler’s permit 6 (1) The Minister may establish classes of scaler’s permits and may specify the terms and conditions applicable to each class of permit. (2) The director may issue a scaler’s permit to an applicant who has met the requirements in the Scaling Standards of Alberta. (3) An application for a scaler’s permit must be made in the form specified by the Minister and be accompanied by the required fee, if applicable. (4) An applicant who satisfies the director that the applicant holds a timber scaling certificate, or the equivalent, issued outside Alberta is not required to meet the applicable requirements in the Scaling Standards of Alberta if (a) the applicant has completed a scale that is check scaled, and (b) the check scale confirms the applicant’s proficiency in the scaling methods used in Alberta. Cancel or suspend permit 7 (1) The director may cancel or suspend a scaler’s permit (a) if the holder of the permit contravenes the Act or the regulations or fails to meet the requirements in the Scaling Standards of Alberta, or (b) if, in the director’s opinion, it is in the public interest to cancel or suspend the permit. (2) The director may reinstate a cancelled or suspended scaler’s permit if the director is satisfied that the applicant for reinstatement of the permit meets the requirements of the Act, the regulations and the Scaling Standards of Alberta. Scale site authorization 8 (1) The owner of a timber operation may apply in writing to the director for authorization to scale timber at a site under the owner’s control. (2) If the director is satisfied that a complete and accurate scale can be performed at the site, the director may issue a scale site authorization to the applicant and may attach conditions to the authorization. (3) The director may cancel or suspend a scale site authorization (a) if the authorization holder contravenes the Act or the regulations under the Act, (b) if the authorization holder has failed to comply with a condition attached to the authorization, or (c) if, in the director’s opinion, it is in the public interest to cancel or suspend the authorization. Utilization standards 9 The director may establish utilization standards that apply in respect of the timber harvested under a timber disposition. Repeal 10 The Scaling Regulation (AR 195/2002) is repealed. Expiry 11 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 30, 2028. Coming into force 12 This Regulation comes into force on May 1, 2021.