M-12 - Cullers Act

Full text
chapter M-12
Cullers Act
CULLERS ACTJune 20 1985September 1 1985
Chapter M-12 is replaced by the Cullers Act (chapter M-12.1). (1985, c. 14, s. 36).
1985, c. 14, s. 36.
1. Saving any special provision to the contrary, the Minister of Energy and Resources shall have charge of the carrying out of this act.
R. S. 1964, c. 97, s. 1; 1979, c. 81, s. 20.
DIVISION I
DECLARATORY AND INTERPRETATIVE
2. In this act:
(1)  The word “log” includes all timber logs of every kind and size, whether round, square or otherwise;
(2)  The word culler means any person employed or engaged in measuring logs for building or other purposes cut upon Crown Lands or subject to any dues for the purposes of administration or revenue;
(3)  The word magistrate means any judge of the Provincial Court, judge of the sessions or any magistrate having jurisdiction over the whole Québec.
R. S. 1964, c. 97, s. 2; 1965 (1st sess.), c. 17, s. 2.
3. This act shall not be interpreted as repealing the present laws and regulations of the Ministère de l’Énergie et des Ressources, except in so far as they are inconsistent with the provisions hereof.
R. S. 1964, c. 97, s. 3; 1977, c. 5, s. 14; 1979, c. 81, s. 20.
DIVISION II
BOARD OF EXAMINERS FOR CULLERS
4. The Government may appoint a board of examiners, consisting of three skilled persons, two of whom shall be officers of the Ministère de l’Énergie et des Ressources, for the purposes of examining candidates for licenses to cull and measure timber cut on Crown Lands or timber on which the Crown has rights to exercise or dues to collect for purposes of administration or revenue.
R. S. 1964, c. 97, s. 4; 1977, c. 5, s. 14; 1979, c. 81, s. 20.
5. An officer of the Ministère de l’Énergie et des Ressources may be added to the board of examiners as secretary.
R. S. 1964, c. 97, s. 5; 1977, c. 5, s. 14; 1979, c. 81, s. 20.
6. In addition to the duties aforesaid, the members of the board of examiners shall perform the other duties assigned to them by the Government.
R. S. 1964, c. 97, s. 6.
7. Two members shall constitute a quorum.
R. S. 1964, c. 97, s. 7.
8. Before entering on his duties, each examiner shall take, before a justice of the peace, an oath of office as in form 1, which shall forthwith be transmitted to the Minister of Energy and Resources.
R. S. 1964, c. 97, s. 8; 1979, c. 81, s. 20.
9. The Government shall fix the fees to be paid for their services to the members and the secretary of the board of examiners. It shall sanction regulations defining the method and programme of the examinations, as well as the other qualifications required of candidates for licenses as cullers and measurers of timber.
R. S. 1964, c. 97, s. 9.
10. The board of examiners shall, for the purpose of holding examinations, sit at such places and dates as may be fixed by the Minister of Energy and Resources and mentioned in the Gazette officielle du Québec.
Candidates shall present themselves before the board on the days fixed, and shall pay the sum of $6 as an examination fee.
Within thirty days from the close of the examination, the board shall transmit to the Minister of Energy and Resources the names of such as they believe are trustworthy and of good character, who have passed a satisfactory examination and are recommended as being qualified to perform the duties of culler.
R. S. 1964, c. 97, s. 10; 1979, c. 81, s. 20.
DIVISION III
CULLERS’ LICENSES AND DUTIES
11. The Minister of Energy and Resources may issue a culler’s license, according to form 2, to any person recommended by the board of examiners.
Holders of diplomas as forestry engineers issued by the Québec Forestry School are relieved from taking the examinations required by this act; and the Minister of Energy and Resources may issue, in favour of such holders, the culler’s license mentioned in this section, on their producing such diploma, and upon proof establishing that the holder of such diploma has acquired experience in measuring wood, during at least three months, in a mill where white and red pine, balsam and spruce have been sawn or manufactured.
R. S. 1964, c. 97, s. 11; 1979, c. 81, s. 20.
12. Before receiving the license mentioned in section 11, the candidate shall take the oath of office contained in form 3.
Such oath shall be taken before a justice of the peace and be transmitted to the Minister of Energy and Resources.
R. S. 1964, c. 97, s. 12; 1979, c. 81, s. 20.
13. No person other than a culler licensed under this act shall make measurements of timber cut upon Crown Lands or of timber upon which the Crown may have dues to receive for purposes of administration or revenue, unless the Minister be satisfied that the services of a licensed culler are not procurable, in which case he may issue a special license to a competent person, authorizing him to act as culler after taking the prescribed oath.
Such special license shall not extend beyond the first day of July next following its date.
R. S. 1964, c. 97, s. 13.
14. Every culler shall measure fairly and correctly, to the best of his ability, all timber he may be employed to measure under this act, making such deductions as are necessary to allow for defects, and taking note of the timber rejected as worthless, commonly called “culls”, the whole in accordance with the laws and regulations of the Ministère de l’Énergie et des Ressources.
R. S. 1964, c. 97, s. 14; 1977, c. 5, s. 14; 1979, c. 81, s. 20.
15. Licensed cullers shall submit their books and records of measurement for the inspection of the Crown timber agents whenever called upon so to do, and furnish any information and documents which the Department or its agents may require.
R. S. 1964, c. 97, s. 15.
16. At the end of each season, every culler shall make a sworn return upon forms supplied by the Ministère de l’Énergie et des Ressources or its agents.
Such return shall contain the number of pieces of timber measured and accepted, and the quantity and quality of the timber, the lengths and diameters and also the number of the pieces rejected as culls.
R. S. 1964, c. 97, s. 16; 1977, c. 5, s. 14; 1979, c. 81, s. 20.
17. Should any culler neglect or refuse to comply with the provisions of this act or of any regulations made thereunder, the Minister of Energy and Resources may cancel his license.
From and after the cancelling of such license, such culler shall not cull or measure timber cut on Crown Lands or on which the Crown may have dues to collect for purposes of administration or revenue, under penalty of a fine of not less than $10 nor more than $50, with costs, to be recovered on summary conviction before a magistrate, or, in default of payment, of imprisonment for one month or three months, in the discretion of the magistrate, in the house of detention of the district in which the offence was committed.
R. S. 1964, c. 97, s. 17; 1969, c. 21, s. 35; 1979, c. 81, s. 20.
18. The license of every culler who wilfully makes false measurements, illegally rejects timber or makes false returns for the purpose of deceiving and defrauding Québec, may be cancelled.
After the cancellation of the license, no such culler shall perform his duties as such, under penalty of a fine of not less than $20 nor more than $100, recoverable on summary conviction before a magistrate, or, in default of payment, of imprisonment for one month or three months, at the discretion of the magistrate, in the house of detention of the district where the offence was committed.
R. S. 1964, c. 97, s. 18; 1969, c. 21, s. 35.
19. Every culler who willfully makes false measurements for the purpose of deceiving and defrauding Québec or his employer or any other person shall be liable, on summary conviction before a magistrate, to a fine of not less than $500 and not more than $2 000 with costs, or to an imprisonment of two to six months, in the house of detention of the district in which the offence was committed, in default of payment of the fine, at the discretion of the court.
R. S. 1964, c. 97, s. 19; 1969, c. 21, s. 35.
DIVISION IV
SPECIAL PROVISION
20. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).
1982, c. 21, s. 1.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 97 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter M-12 of the Revised Statutes.