NOVA SCOTIA FOREST TECHNICIANS ASSOCIATION
REQUIRED PORTIONS OF ACTS AND REGULATIONS NOVA SCOTIA CERTIFIED FOREST
TECHNICIANS EXAM
1
Forest/Wildlife Guidelines and Standards for Nova Scotia and Wildlife Habitat and Watercourse
Protection Regulations................................................................................................................................ 7
Forest Diversity ....................................................................................................................................... 7
Tree Species Composition ....................................................................................................................... 8
Forest Succession .................................................................................................................................... 8
Guidelines ....................................................................................................................................... 9
Edges and Wildlife Corridors................................................................................................................. 10
Edge: ................................................................................................................................................. 10
Wildlife Corridors: ............................................................................................................................. 10
Guidelines: .................................................................................................................................... 10
Special Management Zones Near Watercourses.................................................................................. 12
Guidelines ..................................................................................................................................... 12
Cavity Trees, Snags and Downed Trees ................................................................................................ 14
Guidelines ..................................................................................................................................... 14
Deer Wintering Areas ........................................................................................................................... 15
Guidelines ..................................................................................................................................... 15
Birds of Prey and Heron Colonies ......................................................................................................... 16
Guidelines ..................................................................................................................................... 16
Code of Ethics ....................................................................................................................................... 18
Code of Ethics Articles .......................................................................................................................... 18
Forest Fire Protection Regulation ............................................................................................................. 20
Forests Act (1986) ..................................................................................................................................... 23
Forest Management Programs ............................................................................................................. 23
Principles of Forest Management Programs ........................................................................................ 23
Forest Management Planning Process ................................................................................................. 24
2
Forest Management Techniques .......................................................................................................... 24
Wildlife Management ........................................................................................................................... 25
Regulations Binding .............................................................................................................................. 25
Industrial Forest Operator Information ................................................................................................ 25
Selective forest research....................................................................................................................... 25
Agreements........................................................................................................................................... 26
Agreements with group management ventures................................................................................... 26
Agreements with owners of private land ............................................................................................. 26
Protection of forests ............................................................................................................................. 26
Prevention and suppression of fires ..................................................................................................... 27
Fire season ............................................................................................................................................ 27
Restricted travel zone ........................................................................................................................... 28
Removal of fire hazard .......................................................................................................................... 28
Entry and inspection ............................................................................................................................. 28
Order to cease or alter activity ............................................................................................................. 29
Appeal ................................................................................................................................................... 29
CROWN LANDS ACT (1987) ....................................................................................................................... 30
Act Respecting Crown Lands ................................................................................................................. 30
Supervision of Act ................................................................................................................................. 31
Personnel .............................................................................................................................................. 32
Engagement of services ........................................................................................................................ 32
Conservation officers ............................................................................................................................ 32
Member of R.C.M.P. ............................................................................................................................. 32
Powers of conservation officer ............................................................................................................. 32
Protection ............................................................................................................................................. 32
3
Administration of oaths ........................................................................................................................ 32
Oath of conservation officer ................................................................................................................. 32
Proof of office ....................................................................................................................................... 33
Dealing with land .................................................................................................................................. 33
Destruction or defacing line.................................................................................................................. 33
Deemed boundary marker.................................................................................................................... 33
Manner of dealing with Crown land ..................................................................................................... 33
Powers of Minister respecting land ...................................................................................................... 33
Transfer of administration .................................................................................................................... 33
Application for forest access road ........................................................................................................ 34
Conveyance of road reserves................................................................................................................ 34
Powers of Minister respecting conditions ............................................................................................ 34
Special areas ......................................................................................................................................... 34
Management by Minister ..................................................................................................................... 34
Protective measures ............................................................................................................................. 34
Forest access road ................................................................................................................................ 34
Forest access road permits ................................................................................................................... 35
Minister not liable ................................................................................................................................. 35
Closing road .......................................................................................................................................... 35
Manner of road closing ......................................................................................................................... 35
Travel permit......................................................................................................................................... 35
Prohibitions ........................................................................................................................................... 35
Prima facie proof .................................................................................................................................. 35
Rights respecting roads......................................................................................................................... 35
Cutting or removing prohibited ............................................................................................................ 36
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Additional penalty................................................................................................................................. 36
Forest utilization licence agreement .................................................................................................... 36
Consideration by Minister .................................................................................................................... 36
Contents of agreement ......................................................................................................................... 36
Renewal ................................................................................................................................................ 36
Continuation of agreement .................................................................................................................. 36
Offences ................................................................................................................................................ 37
Offences ................................................................................................................................................ 37
Additional penalty................................................................................................................................. 37
Search ................................................................................................................................................... 37
Regulations ........................................................................................................................................... 37
OCCUPATIONAL HEALTH AND SAFETY ACT (1996) ................................................................................... 39
Internal Responsibility System .............................................................................................................. 39
DUTIES AND PRECAUTIONS .................................................................................................................. 39
Precautions to be taken by contractors................................................................................................ 40
Employees' precautions and duties ...................................................................................................... 40
OCCUPATIONAL HEALTH AND SAFETY PROGRAM.................................................................................... 41
JOINT OCCUPATIONAL HEALTH AND SAFETY COMMITTEES .................................................................... 42
HEALTH AND SAFETY REPRESENTATIVES .............................................................................................. 42
RIGHT TO REFUSE WORK ...................................................................................................................... 42
Restriction on assignment of work where refusal ................................................................................ 43
ACCIDENTS ............................................................................................................................................ 43
Disturbance of accident scene .............................................................................................................. 44
Offences and penalties ......................................................................................................................... 44
SCALERS ACT – 1967 ............................................................................................................................. 45
5
ENVIRONMENT ACT - 1994-95 - January 9, 1995 ..................................................................................... 46
PART V ................................................................................................................................................... 48
APPROVALS AND CERTIFICATES ............................................................................................................ 48
RELEASE OF SUBSTANCES ..................................................................................................................... 48
Duty to report release........................................................................................................................... 49
Duty to report release........................................................................................................................... 49
Duty to take remedial measures........................................................................................................... 49
PART XVIII.............................................................................................................................................. 49
PENALTIES AND PROSECUTIONS........................................................................................................... 49
PESTICIDE REGULATIONS - April 11, 1995 ................................................................................................ 51
EMERGENCY SPILL REGULATIONS - April 11, 1995 ................................................................................... 52
ACTIVITIES DESIGNATION REGULATIONS - April 11, 1995 ........................................................................ 55
THE FOREST PROFESSIONAL - 1994 .......................................................................................................... 57
Protective Equipment and Clothing ...................................................................................................... 57
Contact with Lines................................................................................................................................. 72
Equipment Contact with Lines .............................................................................................................. 72
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Please use the pdf version, it is more official than this version.
This version is under development
Forest/Wildlife Guidelines and Standards for Nova Scotia and
Wildlife Habitat and Watercourse Protection Regulations
12%
(Minister C.W. Chuck Mac Neil)
Pages 3, 5, 6, 7, 8, 10, 12, 14, 16, 18
Section 6
These Forest/Wildlife Guidelines have been prepared in keeping with commitments in the New
Forest Policy of 1986 and new wildlife Policy of 1987. Accordingly, they are designed to
maintain or enhance fish and wildlife habitats in the forest environment. As stated in the New
Forest Policy, they are to be implemented on Crown lands and incorporated into forest
management programs for private lands. Since all Nova Scotians have an interest in protecting
wildlife habitats, these guidelines and standards are designed for use on all forest lands in Nova
Scotia.
These Forest/Wildlife Guidelines have been developed after an extensive literature review and
consultation with staff of the Department of Natural Resources, the Forest Advisory Council,
the Wildlife Advisory Council and forest users of the province. It is an up-to-date compilation
of techniques that will provide adequate wildlife habitat in the intensive forest management
milieu. As new information about forest management/wildlife interaction becomes available it
will be considered for inclusion in future revisions of these Guidelines.
Forest planner, managers, consultants, contractors, woodworkers and others needing assistance
in interpreting these guidelines are encouraged to contact the Natural resources wildlife
biologist, forester or forest technician through their nearest District Office.
Forest Diversity
An animal’s habitat must provide food, cover and water. These habitat requirements may
change through the seasons and through the life of the animal. Some or all of these needs may
be met in a single forest stand, but a variety of stands will provide habitats for a variety of
animals. Forest diversity is the mix of forest stands. Each with its own tree species composition,
age structure and associated plant life. With more diversity a forest will have more wildlife.
When an area provides a diversity of habitats, wildlife populations generally remain stable.
When large areas of forest are disturbed by wildfires, pests or harvesting, forest diversity is
altered, habitat may become limited and animal populations become unstable. Instability may
7
lead to population declines when habitat needs are not filled, or to population increases that
damage forestry crops or cause wildlife nuisance problems.
Maintaining diversity in a forest management unit also reduces the risks of fire and insect attack
and has a beneficial effect on soil nutrients and watershed management. A diversified forest is
also more aesthetically pleasing.
Diversity is manipulated by changing the species composition, age structure and arrangement of
forest stands.
Tree Species Composition
Some animal species are associated primarily with softwood stands while others are adapted to
hardwoods. Mixed wood stands are particularly good habitat for many wildlife species.
The Province is committed to maintaining a 65% / 35% softwood/hardwood ratio provincewide. However, due to site conditions or stand size, it will be impossible to obtain this ratio on
all sites.
Nevertheless, tree species diversity should be encouraged in keeping with this objective
wherever feasible.
Forest Succession
Succession is the progressive change in plant and animal communities over time. Each
successional stage provides animals with different habitat conditions and supports a different
community of wildlife. For wildlife purposes, successional stages can be grouped into the
following five stages:
1. Forest openings-Grasses and herbaceous plants used by many wildlife species including
white-tailed deer, snowshoe hare (rabbits) and woodcock.
2. Shrub-sapling- Provides woody browse for deer and other mammals and nesting cover
for birds. It’s also provides fruiting shrubs and trees, (blueberries, raspberries, pin
cherry, shadbush, etc.)
3. Pole timber- Less valuable as wildlife habitat but used by some wildlife species for food
and cover.
4. Mature timber- Mature softwood trees provide winter cover by blocking wind and
reducing snow depth. They also provide escape cover and are vital for marten, fisher,
squirrels and many bird species.
5. Old growth- Large old trees are used as nesting sites for large birds such as great horned
owl, bald eagle and pileated woodpecker. Trunk cavities are used as den sites by many
species. Old trees die, becoming snags and eventually fallen logs that are sued as
feeding and nesting sites. The openings crated soon fill with young growth, adding
diversity to the stand.
8
Guidelines
1. Areas to be clear-cut should not exceed 50 hectares (125 acres). Smaller cuts made more
often would provide a better distribution of the shrub-sapling successional stage. Where
it is necessary-because of insects, disease, blowdown and /or extensive old growth
stands – to cut large areas, leave corridors for wildlife (see page 8).
2. Wildlife will benefit in many ways if 3-8% of the areas under management is
maintained in openings. These can include roadsides, landings and pond edges; they
should be seeded to prevent erosion and provide food for wildlife. Take into account
surrounding land use. For example, woodland near farming areas needs fewer openings.
3. Three to 8% of the area under management should contain old growth trees. Where
small holdings are managed as a unit, consider the effects of forest management on
wildlife habitat for the whole area under management. It is unnecessary to provide every
successional stage on every management unit if they are present on nearby managed
areas.
9
Edges and Wildlife Corridors
Edge:
An edge is the zone where two successional stages or vegetative conditions meet and where the
wildlife species of each cover type mingle. This mingling increases the number and variety of
wildlife species present. The resulting richness is known as “edge effect”.
Edge conditions relate to the age difference between adjacent stands or cover types. Wildlife
benefits are optimized by putting clearcuts next to pole-size stands.
Wildlife Corridors:
Uncut strips of forest crossing a clearcut create edges and supply “wildlife corridors should be
designed to provide concealment and protection from wind and deep snow. They should pass
through, or as close as possible to, the center of a clearcut.
The best place to put a wildlife corridor is along a stream flowing through the area to be
clearcut. Such a corridor will also protect the stream. Corridors are a good place to leave snags
and over-mature trees that have cavities or the potential to become cavity trees.
Uncut immature stands or inoperable sites may also provide cover and travel lanes for wildlife.
From a fire management standpoint, hardwood corridors make excellent firebreaks.
Guidelines:
1. Where an area planned for clearcutting exceeds 50 hectares (125 acres) leave one or
more wildlife corridors to conform with the guidelines regarding maximum clearcut
size.
2. Where the total area would exceed 50 hectares (125 acres), avoid clearcutting stands
adjoining a clearcut area, until the regeneration in the original clearcut is at least two
metres (six feet) tall or else provide appropriate wildlife corridors.
3. Forest managers are encouraged to prescribe irregular borders (such as stand
boundaries) for clearcuts, because they provide more edge for wildlife than do straight
borders.
4. Selection cutting in corridors should not remove more than 40% of the merchantable
volume.
5. Wherever possible corridors should be composed of green, long-lived, wind-firm trees.
6. Corridors should join up with other corridors or uncut areas.
7. Corridors must have a minimum width of 50 metres (165 feet).
10
8. Skidding trails may pass through corridors but take care to locate trails on high ground,
make them as narrow as possible and angle them to the forest edge so animals using the
corridors would be concealed.
11
Special Management Zones Near Watercourses
The riparian zone (the area along a lakeshore or stream bank) is one of the important and fragile
wildlife most important and fragile wildlife habitats. It provides water, food and cover for many
species of wildlife including amphibians, waterfowl and semi-aquatic mammals. It is also
preferred by many larger wildlife species as a travel corridor. The presence of water, often in
combination with fertile soil, increases diversity by providing a habitat for plants not found
elsewhere.
Moreover, the irregular shape of a riparian zone, particularly along the banks of a stream,
maximizes edge.
Trees and other rooted vegetation along a watercourse stabilize the soil, preventing erosion and
the resultant siltation, which smothers the gravel beds needed for trout and salmon spawning
habitat. Trees and shrubs shade the stream, preventing overheating of the water which can be
fatal to fish. Vegetation, which overhangs or falls into a lake or stream is an important source of
nutrients.
Undercut tree roots and overhanging or fallen logs provide cover for fish. Large organic debris,
in the form of fallen logs and branches, stabilize the streambed and are important in pool
formation. Too much organic debris in a stream, however, can block fish passage and deplete
the oxygen supply in the water.
Wetlands can be very productive wildlife habitat. Some of the most productive wetlands will
require special management zones around their perimeters to prevent adverse effects. Further
information is available in the publication Important Freshwater Wetlands and Coastal Wildlife
Habitats of Nova Scotia, which can be seen at the local District Office of the Department of
Natural Resources.
Guidelines
1. All watercourses (lakes, rivers and streams) marked on 1:50,000 topographic maps,
must have a special management zone of 20 metres (66 feet) on each side to protect the
aquatic resource. Extra width will be required in the following cases:
a. for slopes in excess of 1 0 degrees but less than 30 degrees, add one metre (three
feet) for each degree of slope.
b. for slopes greater than 30 degrees go to the first regular break in slope that is
more than five metres (1 6 feet) wide and establish the buffer strip at least five
metres back from this break.
c. in areas of unstable soil, poor drainage or to protect unique wildlife habitat,
additional width will be required.
2. Within the special management zone there is a machine exclusion zone, namely the area
within 10 metres (33 feet) of the watercourse. Heavy machinery without high floatation
tires is not permitted within 10 metres of the watercourse. Heavy machinery with high
floatation tires is not permitted within five metres (16 feet) of the watercourse. In areas
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of erodable soil or where rutting may occur, harvesting should be done only when the
soil is dry or frozen; otherwise a wider machine exclusion zone should be used.
3. Do not allow woody debris from a forestry operation to enter a lake or stream and keep
it out of areas that are periodically flooded.
4. On the edge of smaller streams not marked on topographic maps, cut trees to leave a
metre (three-foot) high stump to create a machine exclusion zone at least five metres (16
feet) wide on each side of the stream.
5. Zone measurements are generally taken from the edge of the defined stream channel.
When streams are bordered by grassy, intermittently flooded meadows, measure from
the forest/meadow edge.
6. To minimize blowdown, provide optimum shading of the watercourse and to encourage
regeneration, selection cutting can be carried out in special management zones provided
that no more than 40% of the merchantable volume is removed. On the recommendation
of the Department of Natural Resources, more volume may be removed to prevent
excessive blowdown.
7. When harvesting in special management zones:
a. Remove trees that have a high risk of blowdown,
b. Leave dead trees standing where safety allows.
c. Leave two or three of the largest trees per 100 metres (330 feet) of shoreline.
8. Temporary and permanent stream crossings and road construction near watercourses
must be done in accordance with standards given in the publication Environmental
Standards for the Construction of Forest Roads and Fire Ponds in Nova Scotia
available at the local District Office of the Department of Natural Resources.
9. Laying out special management zones requires a great deal of onsite interpretation.
When in doubt consult the local Natural Resources wildlife biologist, forester or forest;
technician.
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Cavity Trees, Snags and Downed Trees
A cavity tree is a tree greater than 30 cm (12 inches) in diameter at breast height (dbh), in which
holes or cavities are present or may be excavated by woodpeckers. Cavity trees are often still
living but have signs of interior decay such as broken or dead tops or limbs, wounds or fungal
conks. The decayed interior is easily excavated for nest sites and the sound exterior provides
structural strength and protection. After woodpeckers excavate a cavity it may be used by many
other mammals and birds.
Large trees over 50 cm (20 inches) dbh are better for cavity users because they provide habitat
for both large and small wildlife species. A big dead tree will often stand longer than a small
one and provide habitat longer. Trees smaller than 20 cm (eight inches) dbh are of limited value
to cavity nesters and will not provide nesting habitat for woodpeckers larger than the downy
woodpecker, our smallest.
A snag is a standing dead or dying tree. Snags are commonly invaded by insects, providing
foraging sites for insect-eating birds. Hawks and insect eating birds perch on snags while
hunting.
Unmerchantable logs or snags felled for safety reasons should be left at the stump where
possible. Logs oriented across a slope trap debris and slow erosion while providing habitat for
many small animals. Logging slash left on the ground will also provide cover for small animals
for a short time.
Guidelines
1. Leave dead trees standing wherever it is safe to do so, particular along the edges of cuts,
in wildlife corridors and along streams and lakeshores. Trees can also be left in
unproductive or unmerchantable areas. Safety procedures outlined in The Professional
at Work in Nova Scotia Forests (available from the Nova Scotia Department of Labour,
Occupational Health and Safety Division) must be followed.
2. In a harvest operation leave a minimum of 10 trees per hectare (four per acre) to provide
cavity trees. For the safety and efficiency of future forestry operations these should all
be crammed in the center or in a few smaller scattered clumps throughout the cut. A
mixture of live and dead trees is best; the live ones will provide habitat after the dead
ones fall.
3. Although cavity-nesters can use most tree species, they prefer maples and yellow birch.
When choosing a living tree for a potential cavity tree, consider its benefits as a food
source for wildlife other than woodpeckers. For example, an oak provides acorns as well
as cavities, and ruffed grouse prefer to feed on the larger flower buds of male aspen.
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Deer Wintering Areas
In much of Nova Scotia, particularly in the southwestern region, deer do not congregate in
winter yards as they do where snowfall is heavier. Deer will use softwood cover to avoid deep
snow and will move to river valleys to escape cold winds in winter. They are more likely to
respond to forestry activities by moving up or down a watershed than across high ground to
another watershed.
The following guidelines are to be used in areas identified by Department of Natural Resources
wildlife biologists as deer wintering areas. They are not meant for moose, which are larger and
stronger than deer and better adapted to severe winter weather.
Guidelines
1. The best location for a deer wintering area is on a slope facing south to southwest.
2. The management program should strive to maintain approximately 50% of the wintering
area in softwood stands of sufficient height and density to reduce snow accumulation.
These shelter stands should cover at least 10 hectares (25 acres). The program should
also maintain a mixture of age classes and species.
3. Schedule any cutting in deer wintering areas for the fall and early winter when felled
hardwoods will provide immediate browse and future sucker growth.
4. In wintering areas, selection cutting is preferred because it creates the smallest openings,
stimulates browse production and provides growing space for smaller trees.
5. Limit individual openings to 10 hectares (25 acres), separated by uncut areas at least
equal in size to the cut area. Make openings irregular in shape to increase the amount of
edge.
6. Leave uncut areas attached to adjacent shelter areas by travel lanes with a minimum
width of 50 metres (165 feet). Where watercourses occur, travel lanes should follow
them. If there are no watercourses, travel lanes should be located to take advantage of
natural travel routes and protection from wind (i.e., along the side of a ridge, not across
the top).
7. Integrate cutting within deer wintering areas with adjacent land-use. If clearcutting the
surrounding area, reduce cutting in the wintering area. The amount of reduction can
only be determined by inspection of each site.
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Birds of Prey and Heron Colonies
Bald eagles, ospreys, hawks, falcons and owls are naturally less numerous than other birds
because they are at the top Of the food chain, feeding on smaller prey. As such they are very
sensitive to the activities of man, especially during the breeding season ' hen disturbance might
cause them to abandon eggs or young.
Great blue herons which nest in tree-top Colonies of up to 30 or more, may abandon traditional
breeding sites if sufficiently disturbed by activity in or adjacent to their colonies.
Guidelines
1. Before conducting forestry operations near eagle nests or heron colonies, consult a
Natural Resources wildlife biologist.
2. Preserve clumps of large living and dead trees along shorelines to provide possible nest
and perch sites for foraging ospreys.
3. Avoid disturbing nest sites of hawks and owls from March through mid-July. When
harvesting near a nest, leave a clump of trees large enough to conceal the nest and to
provide perching sites.
Other Legislation and Policies
Existing legislation and policies pertaining to resource protection, including the Special Places
Protection Act and Provincial Policies for the Conservation of Wildlife Habitat, will be
followed.
The Special Places Protection Act of 1980 provides for the protection of ecological reserves
which include high value habitats for plants and animals. The Nova Scotia Museum Complex
(Nova Scotia Department of Education) is responsible for implementing this statute. The
Department of Natural Resources cooperates closely with the Museum in the identification,
protection and management of special places, especially where these are on Crown lands. At the
time of writing there are more than 70 sites identified in the province, of which 20 or more are
partly or wholly on Crown land.
No forest management activities should occur in or near ecological reserves or candidate
special places on Crown land. Private landowners should be made aware of such sites on their
own properties when considering forest management activities.
In some cases the boundaries or status of these sites may be ill-defined. If doubtful, contact the
Curator of Special Places at the Nova Scotia Museum, 1747 Summer St., Halifax, N.S. B3H
3A6.
The Nova Scotia land Use Policy Committee drafted The Provincial Policies for the
Conservation of Wildlife Habitat in Nova Scotia. These policies, adopted in 1985, incorporate
wildlife habitat conservation principles into land use planning and management decisions made
16
by other government departments. The Committee is also developing policy guidelines
concerning forestry activities in water supply watersheds.
The availability of pest control products in Canada provides forest managers with a valuable
tool in reducing losses due to competing vegetation, insects and disease. The storage and use of
pesticides is strictly regulated by legislation and regulations administered by the Nova Scotia
Department of the Environment. All pesticide guidelines and regulations issued by the
Departments of Environment and Health must be followed, including those in the Pesticide
Safety Handbook available at the local District Office of the Department of Natural Resources.
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Code of Ethics
Section 29 of the Memorandum of Association (1998)
No Code of Ethics can prescribe appropriate conduct under all circumstances. Its purpose is to
provide a general guide of ethical conduct principals to allow members to carry out their duties
to the environment, Association members, the profession and the public. Members are bound
by the law, acts, and regulations of the Province of Nova Scotia and the rules and articles of the
Nova Scotia Forest Technicians Association.
This code shall be interpreted by following guidelines.
29.2a - the Golden Rule ("Do unto others as you would have them do unto you")
29.2b - honorable judgement errors are not unethical and must be evaluated in that context
rather than by strict adherence to the written Code of Ethics.
As a further guide, members are encouraged to ask themselves four critical questions when
faced with ethical decisions:
29.3a - is the potential action legal in the criminal or civil sense?
29.3b - is the actions within the guidelines of the NSFTA Code of Ethics?
29.3c - is the action balanced or will it heavily favour one party over another?
29.3d - am I comfortable with the action and willing to have it known by all?
Code of Ethics Articles
29.4a - a member shall protect and promote safety, social, economic and environmental
interests.
29.4b - a member shall only undertake work that he/she is competent by virtue of training and
experience.
29.4c - a member shall maintain their technical competence through participation in Continuing
Forestry Education (CFE).
29.4d - a member shall recommend that other specialists be consulted on problems beyond
his/her competence and shall cooperate with such specialists to the extent necessary.
29.4e - a member shall regard the business of their employer as confidential unless released
from this obligation.
29.4f - a member working simultaneously for clients whose interests in the work might be
conflicting, shall notify all parties concerned.
29.4g - a member shall be fair and honest in dealing with employer, client, subordinates, peers
and members of the public.
29.4h - a member shall be responsible to their employer or client and in working relationships
shall place their interests above everything except when those interests conflict with acceptable
forestry practices.
29.4I - a member, as a forest technician/technologist, shall not give opinions other than those
based upon knowledge and experience.
18
29.4j - member shall not engage in any activity likely to result in an unfavorable reflection of
the profession. This shall apply to conduct as a member of the profession and not as a citizen at
large.
29.4k - a member who in engages in public discussion or controversy on forestry topics shall do
so with dignity and honesty befitting his/her profession.
29.4l - a member shall not condone untrue or misleading opinions concerning forestry.
29.4m - member shall not claim credit for facts or opinions, which are not his/her own.
29.4n - a member shall not distort or withhold information for the purpose of supporting his/her
opinions.
29.4o - member shall not make unsolicited or untrue comments to anyone about forest
technicians/technologists' work or methods but shall disclose evidence of unethical actions to
the Disciplinary Committee of this Association.
29.4p a member shall not support the admission to this Association any person believed by
them to be inadequately qualified or unworthy.
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Forest Fire Protection Regulation
SECTION 40, Chapter 179- 1989
Office Consolidation, July, 1997
15%
3 (1-3), 3a(1), 3b(1,2), 6, 7(1-4), 8(1-2)
http://www.gov.ns.ca/just/regulations/regs/for8297.htm
3 (1) The fire season for the counties of Yarmouth, Digby, Shelburne, Kings, Annapolis,
Queens and Lunenburg shall be the period of time during each year from the first day of April
to the fifteenth day of October, both dates inclusive.
(2) The fire season for all other counties in the Province shall be the period of time during
each year from the fifteenth day of April to the fifteenth day of October, both dates inclusive.
(3) Except as provided in the Act, during the fire season as prescribed in subsections (1) and
(2), no person shall set, start, kindle or maintain a fire in the woods or within one thousand feet
of the woods without a valid permit to burn.
3A (1) The Minister or a person authorized or designated by the Minister may issue the
following types of permits to burn for the fees stated, which fees shall be inclusive of any
applicable taxes:
(a) Domestic burning permit $ 5.00
(b) Industrial burning permit $50.00
3B (1) Where a municipality operates a municipal land fill site and applies for a permit to burn
for the purpose of the operation of the landfill site, the Minister or a person authorized or
designated by the Minister may issue to the Municipality an industrial burning permit for a
period of time equivalent to the fire season for the area in which the landfill site is located.
(2) Notwithstanding subsection (1), and in addition to any other conditions that may be
imposed, an industrial burning permit issued pursuant to subsection (1) may contain such
conditions respecting suspension or cancellation as considered necessary by the Minister or a
person authorized or designated by the Minister to issue such a permit for the adequate
protection from and control of forest fires.
6 (1) Except where the Department has prescribed or approved specific alternatives, every
person in charge of an operation or activity conducted in the woods or within 1000' (305 m) of
the woods during the fire season shall provide and maintain firefighting equipment as follows:
20
Crew Size
Persons
1-2
3-5
6-10
11-20
21-30
31-40
41-50
51-60
61-70
71-80
81-90
91-100
100+
Water tank
or bag with
hand pump
-1
2
3
5
8
12
15
18
21
24
27
30
Motor pump* &
1000' (305 m) 1.5 in.
(38mm) hose &
nozzle** or motor
pump, portable 200
gal. (910 L) tank &
200' (61 m) of 1.5 in.
(38 mm) hose &
nozzle***
---1
1
1
1
2
2
2
2
2
3
Shovels Pails
1
2
4
8
12
16
20
24
28
32
36
40
40
-1
4
4
6
8
10
12
14
16
18
20
20
Axes or
Grub hoes or
equivalent + equivalent +
-1
2
4
6
8
10
12
14
16
18
20
24
-1
1
2
3
4
5
6
7
8
9
10
12
*Minimum 40 gal (180 L) per minute @ 100 psi (690 kpa).
**Minimum 1000' (305 m). Sufficient hose must be available to reach from an acceptable water
source to all areas of the work site.
***Minimum 50 psi (345 kPa) shutoff pressure capable of reaching all areas of the work site.
+ A pulaski tool = axe + grubhoe.
(2) All firefighting equipment required under subsection (1) shall be maintained in proper
working order and shall be made readily available in the general area of the operation or
activity.
7 (1) In this Section,
a. "Class I machine" means a farm tractor, a skidder, a forwarder, a roadside
slasher, a roadside delimber, a loader, a wood transporting vehicle, road
construction equipment, a welding vehicle or an equipment servicing vehicle;
b. "Class II machine" means a chipper, a feller buncher, a wood harvester or a
wood processor.
(2) Every person in charge of an operation or activity in the woods or within 1000' (305 m) of
the woods during the fire season where a Class I machine is used or operated shall ensure that
the following equipment is securely affixed to the machine:
a. one 5-lb. (2.25 kg) or two 2.5-lb. (1.13 kg) ABC fire extinguishers of a type
approved by the Canadian Standards Association (C.S.A.) or the Underwriters'
21
Laboratories of Canada (U.L.C.) or their successors, fully charged and equipped
with pressure gauges; and
b. one round point shovel.
(3) Every person in charge of an operation or activity in the woods or within 1000' (305 m) of
the woods during the fire season where a Class II machine is used or operated shall ensure that
the following equipment is securely affixed to the machine:
a. where the machine is equipped with an on-board suppression system,
i. one 10-lb. (4.54 kg) or two 5-lb. (2.25 kg) ABC fire extinguishers of a
type approved by the C.S.A. or U.L.C. or successors, fully charged and
equipped with pressure gauges,
ii. one round point shovel, and
iii. one back tank pump unit containing not less than 4 gal. (18 L) of water,
or an additional 10lb. (4.54 kg) ABC fire extinguisher of a type approved
by the C.S.A. or U.L.C. or successors, fully charged and equipped with
pressure gauges, or equivalent;
b. where the machine is not equipped with an on-board suppression system,
i.
one 20-lb. (9.0 kg) or two 10-lb. (4.54 kg) ABC fire extinguishers of a
type approved by the C.S.A. or U.L.C. or successors, fully charged and
equipped with pressure gauges,
ii. one round point shovel, and
iii. one back tank pump unit containing not less than 4 gal. (18 L) of water,
or an additional 20lb. (9.0 kg) ABC fire extinguisher of a type approved
by the C.S.A. or U.L.C. or successors, fully charged and equipped with
pressure gauges, or equivalent.
(4) In addition to the requirements of subsection (3), every person in charge of an operation or
activity in the woods or within 1000' (305 m) of the woods during the fire season where a Class
II machine is used or operated shall have the following available at the operating site:
i. a source of water of not less than 45 gal. (205 L);
ii. one back tank pump containing not less than 4 gal. (18 L) of water; and
iii. a two-way communications system.
8 (1) No person shall operate a power saw on forest land during the fire season unless the
power saw is equipped with an exhaust muffler in functional condition and a spark arresting
device in functional condition.
(2) A person who operates a power saw on forest land during the fire season shall keep a fire
extinguisher containing not less than .5 lb. (.225 kg) of ABC dry chemical at the site where the
person refuels the power saw.
22
Forests Act (1986)
2(a-g), 5(a-h), 7(a-f), 8(a-c), 9(a-i), 10, 12(a-e), 16, 17(1-2), 18(1-3), 21(1-4), 22(1-3) 23(1-4, 69), 25(1-4),
26(1), 29(1-2), 32
http://www.gov.ns.ca/legi/legc/statutes/forests.htm
2 The intent and purpose of this Act is directed towards
a. developing a healthier, more productive forest capable of yielding increased
volumes of high quality products;
b. encouraging the development and management of private forest land as the
primary source of forest products for industry in the Province;
c. supporting private landowners to make the most productive use of their forest
land;
d. providing effective management of all Crown lands;
e. maintaining or enhancing wildlife and wildlife habitats, water quality,
recreational opportunities and associated resources of the forest;
f. enhancing the viability of forest-based manufacturing and processing industries;
g. doubling of forest production by the year 2025;
Forest Management Programs
5 (1) The Minister shall be responsible for the development and implementation of forest
management programs, including
a. encouraging and assisting private landowners to manage their land more
effectively by providing professional and technical advice and assistance,
training programs and suitable financial incentives;
b. entering into agreements with the Government of Canada to jointly fund forest
management programs;
c. entering into agreements with group management ventures to provide for the
more effective management of woodlots served;
a) entering into agreements with buyers of forest products or producers to
provide for the more effective management of forest lands in the Province;
d. prevention, detection and suppression of forest fires;
e. the protection of forest land from insects and disease;
f. providing for forest inventories and associated forest planning activities;
g. conduct of forest research on behalf of the Province;
h. the development and operation of forest nurseries;
Principles of Forest Management Programs
7 The principle of sustainable forest management forms the basis of all forest management
programs in the Province, including
a. the desirability of scheduling harvesting so that the most appropriate stands are
harvested at the optimum times;
23
b. the advantages of allocating such stands to the most beneficial end use;
c. the need to create a suitable environment for the orderly, more efficient
marketing of forest products;
d. a continuing vigorous silviculture program ensuring that all species will receive
appropriate attention;
e. the importance of protecting the forest from fire, insects, diseases and unwanted
competing vegetation; and
f. the importance of making the best economic use possible of all primary forest
products harvested.
Forest Management Planning Process
8 (1) The Minister may undertake a forest management planning process involving the
prediction of the effects of various forest management alternatives on wood supply requiring
a. the consideration of a wide variety of factors, including desired rotation,
availability of land for forest management, eligibility and priority of harvesting,
forest renewal and stand tending, and size of silviculture programs required;
b. full consideration of wildlife conservation requirements, potential ecological
impacts and outdoor recreation opportunities and needs; and
c. the preparation of operational forest management plans for Crown lands and the
development and implementation of compatible forest management programs
for privately owned lands in co-operation with the owners or occupiers of
private land.
Forest Management Techniques
9 The forest management techniques to be used on Crown lands and to be recommended for use
on privately owned land shall
a. be designed to facilitate suitable natural regeneration wherever practical and
involve selection cutting or the harvesting of individual trees or groups of trees
within a stand and the shelterwood harvest system involving one or more partial
cuts carried out a decade or two before the final harvest;
b. permit consideration of the size and configuration of areas to be clearcut where
circumstances warrant;
c. ensure that planting is undertaken where sites are not expected to regenerate
adequately on their own;
d. make provision for early spacing or cleaning where naturally regenerated stands
contain too many seedlings for good diameter growth;
e. provide for weeding or the removal of unwanted competing vegetation in stands
to be managed;
f. provide for commercial thinning to enhance the future sawlog harvest where
stand and site conditions permit;
g. provide for any silviculture technique designed to promote improved growth and
vigour of forest stands;
h. provide for the maximum utilization of primary forest products harvested; and
24
i. reflect prevailing hazards with respect to forest insects, diseases and fire and
related protection requirements and provide appropriate information and advice
to owners or occupiers of forest land.
Wildlife Management
10 The Minister shall ensure that wildlife, wildlife habitats and the long term diversity and
stability of the forest ecosystems, water supply watersheds and other significant resources are
managed. R.S., c. 179, s. 10.
Regulations Binding
10A Notwithstanding Section 9, where the Governor in Council, pursuant to clause (j) of
Section 40, makes regulations respecting mandatory standards for sustainable forest
management practices to protect wildlife habitats, watercourses, wetlands and other significant
resources, those regulations are binding on privately owned lands and lands owned by the
Crown. 1998, c. 29, s. 4.
Industrial Forest Operator Information
10B (1) An industrial forest operator shall provide such information on forest harvesting
operations conducted by the operator as prescribed by regulation.
(2) Subsection (1) does not apply to the owner of forest land or a producer who harvests less
than four hundred and fifty cubic metres solid, or such greater amount as prescribed by
regulation, or the equivalent of primary forest products in any calendar year. 1998, c. 29, s. 4.
Selective forest research
12 The Minister may undertake selective forest research on the forest land to
a. further develop growth and yield predictive capability to better estimate future
harvest potentials and to evaluate various strategies;
b. further develop and refine ecological methods of land classification,
reforestation and silvicultural prescriptions, and continue to evaluate strategies
for the control of competing vegetation;
c. undertake trials to evaluate cultural practices for Christmas tree production,
provenance trials to determine the best seed sources and site suitability, and
nursery trials to improve stock quality and minimize production costs;
d. undertake further research on the forestry and wildlife interface and the
environmental impacts of various forestry operations;
e. investigate any matter deemed essential to the execution of forest management
programs.
25
Agreements
16 With the approval of the Governor in Council, the Minister may enter into agreements with
the Government of Canada or an agency thereof, with another provincial government or an
agency thereof, with a municipality or an agency thereof or with any person for any purpose
related to this Act or the regulations. R.S., c. 179, s. 16.
Agreements with group management ventures
17 (1) The Minister may enter into agreements with group management ventures to provide
incentive assistance and professional and technical advice to manage private land included
within a service area agreed upon by the Minister and the group.
(2) The Minister may permit a group management venture to manage Crown lands or a portion
thereof situate within a service area as provided for pursuant to subsection (1). R.S., c. 179, s.
17.
Agreements with owners of private land
18 (1) The Minister may enter into agreements with owners or occupiers of privately owned
land concerning forest management on that land.
(2) The Minister may enter into agreements with owners or occupiers of privately owned land
for the integration of any aspect of the forest management of their land with the management of
Crown lands.
(3) The Minister may provide incentive assistance and scientific and technical advice to owners
or occupiers of privately owned land to assist them in improving the management of their land.
R.S., c. 179, s. 18.
Protection of forests
21 (1) The Minister shall undertake all measures which the Minister determines to be
reasonable to provide for effective protection of the forests whether Crown lands, other land
vested in the Crown or privately owned land from various injurious agents, including fires,
insects and diseases.
(2) The Minister shall undertake programs to ensure that the capability to detect and suppress
forest fires is enhanced.
(3) In co-operation with the Canadian Forestry Service, the Minister shall monitor forest insect
and disease conditions and provide appropriate information and advice to owners and occupiers
of privately owned land.
(4) Except with the approval of the Governor in Council, no privately owned forest land shall
be treated for insects or diseases without the consent of the owner or occupier. R.S., c. 179, s.
21.
26
Prevention and suppression of fires
22 (1) Subject to subsection (2), the Minister has control over the prevention and suppression of
fires in the woods.
(2) Every city or incorporated town, and a regional municipality with respect to that area of the
regional municipality that was a city or town immediately prior to the incorporation of the
regional municipality, shall at its own expense take reasonable steps to extinguish fires in the
woods within its boundaries and, where a conservation officer deems the action being taken is
not adequate, the Minister may take reasonable steps to control and extinguish the fire.
(3) Nothing in this Act imposes any obligation on the Minister to fight fires on any land or the
Crown to pay compensation for any property destroyed or damaged by fire or as a result of
fighting a fire. R.S., c. 179, s. 22; 1998, c. 18, s. 559.
Fire season
23 (1) The fire season in the various counties shall be prescribed by the regulations.
(2) Notwithstanding subsection (1), where the Minister deems it advisable and in the public
interest, the Minister may extend or shorten the fire season for the whole or any part of the
Province.
(3)During the fire season no person shall ignite a fire or cause a fire to be ignited in the woods
or within one thousand feet of the woods without a valid permit to burn.
(4)Except when a fire proclamation is in effect, no offence is committed where a fire is ignited
during the fire season.
a. by or on behalf of a person if the fire is for cooking or obtaining warmth or as a
distress signal and the fire is made in a suitable place and precautions are taken
against the spreading of the fire;
b. by a conservation officer in the performance of duties;
c. by a person for the disposal of household refuse or garbage if the fire is confined
to a suitable container equipped with a spark arrester, is in an area where there is
no brush or flammable material and precautions are taken against the spreading
of the fire; or
d. in woods in any federal, provincial, municipal or private campground providing
the fire is enclosed in grills designed for that purpose.
(6)A person authorized to issue permits to burn may impose such additional terms and
conditions or may refuse to issue permits to burn as that person deems necessary.
(7)The Minister may designate certain people within the boundaries of a city or incorporated
town or village to issue permits to burn.
(8)A fire permit may by verbal or written notice be cancelled or suspended at any time by a
conservation officer and upon receiving notice of such cancellation or suspension, the permit
holder shall extinguish any fire started under the permit.
27
(9) The possessor of a valid burning permit or any person acting on that person's behalf who
ignites or causes a fire to be ignited shall take every reasonable precaution to prevent the fire
from spreading and shall not leave the fire unattended until it is extinguished. R.S., c. 179, s.
23.
Restricted travel zone
25 (1) Whenever deemed necessary for the protection of the woods, the Minister may at any
time by proclamation set aside for any period of time a restricted travel zone in any area of
woods upon which no person shall enter for the purpose of travelling, camping, fishing or
picnicking, or any other purpose, without a travel permit.
(2) A travel permit may be issued by the Minister, a conservation officer or other person
authorized by the Minister.
(3) Subsections (1) and (2) do not apply to the owner or occupier of woods or the servants,
agents or assigns thereof, conservation officers, surveyors and any other person designated
from time to time by order of the Minister.
(4) A forest travel permit may be cancelled or suspended at any time by the Minister, a
conservation officer or other person authorized by the Minister. R.S., c. 179, s. 25.
26 (1) For the purpose of controlling and extinguishing a fire in the woods, a conservation
officer may requisition the use of any privately owned equipment and encourage people to
assist in extinguishing a fire.
Removal of fire hazard
29 (1) Where a conservation officer finds on any land, structure or equipment a condition that
in the opinion of the conservation officer may cause a fire resulting in damage to any property
or woods, the conservation officer may direct the owner or occupier thereof or the person who
has caused the fire hazard to take such action as the conservation officer considers necessary to
remove the fire hazard.
(2) Where a person has been directed to remove the fire hazard described in subsection (1) and
fails to comply, a conservation officer may enter upon the land to take such action as the
conservation officer deems necessary and the Minister may recover any associated costs and
expenses.
Entry and inspection
32 Conservation officers, employees of the Department and such other persons as are appointed
by the Minister pursuant to this Act, together with people assisting them, may, for the purpose
of ensuring compliance with this Act and the regulations and any order made under this Act or
the regulations,
a. at a reasonable hour of the day, enter and inspect a forestry operation or a forest
harvesting operation and make such examinations as the person considers
necessary or advisable;
28
b. require the production of records or documents in the possession of a buyer of
forest products that relate to the registration and statistical returns required of a
buyer of forest products;
c. make any examination or inquiry as the person considers necessary to ascertain
whether there is compliance with this Act and the regulations and any order
made under this Act or the regulations;
d. in an inspection or an examination, be accompanied and assisted by a person
having special, expert or professional knowledge of any matter;
e. enter upon any land for the purpose of performing the person's duties and
functions pursuant to this Act and the regulations, including the monitoring of
the implementation of a wood acquisition plan. 1998, c. 29, s. 6.
Order to cease or alter activity
32A Where a conservation officer believes on reasonable and probable grounds that a person
responsible for a forest harvesting operation has contravened or will contravene this Act or the
regulations, the conservation officer may, whether or not the person has been charged or
convicted in respect of the contravention, issue an order requiring the person, at that person's
expense, to cease the specified activity; or alter the procedures to be followed in carrying out
the activity. 1998, c. 29, s. 6.
Appeal
32B A person aggrieved by an order made pursuant to Section 32A may appeal to the
Provincial Court and the Court may confirm, amend or vary the order. 1998, c. 29, s. 6.
29
CROWN LANDS ACT (1987)
Chapter 114
Office consolidation June, 1996
10%
2(a-d), 3(a-v), 4(1), 5(a, b, i-v), 6(1-10), 7, 14(1-2), 15, 16, 20(1-2), 21(4), 24, 25(1-2) 26(1-8),
27(1), 28, 29, 32, 38(1), 40(1-2), 44, 51
http://www.gov.ns.ca/legi/legc/statutes/crownlan.htm
Act Respecting Crown Lands
Object and purpose
2 The object and purpose of this Act is to provide for the most effective utilization of Crown
lands by
a. the application of proven forest management techniques to enhance productivity
on Crown lands and to provide for an increasing harvest of better quality forest
products;
b. requiring that leasing and licensing arrangements on Crown lands are providing
for equitable stumpage rates, adequate investments in forest improvements and
improved market access for privately produced wood;
c. the integration of wildlife and outdoor recreation considerations in the forest
management planning process on Crown lands; and
d. the more effective administration and management of all Crown lands. R.S., c.
114, s. 2.
3 In this Act,
a. "conservation officer" means a conservation officer appointed pursuant to this
Act, the Forests Act or the Wildlife Act;
b. "Crown" means Her Majesty in right of the Province;
c. "Crown lands" means all or any part of land under the administration and control
of the Minister;
d. "Department" means the Department of Lands and Forests;
e. "Director of Surveys" means the Director of Surveys appointed pursuant to this
Act;
f. "forest" means a plant association consisting predominantly of trees;
g. "forest access road" means a road or part of a road to the fullest extent of the
right of way of such road and includes the bridges, shoulders and ditches but
does not include a public highway or public road or the bridge thereon;
h. "forest land" means land bearing forest growth or land from which the forest has
been removed but which shows surface evidence of past forest occupancy and is
not in other use;
30
i. "grant", when used as a verb, means the transfer of an interest in Crown lands
and, when used as a noun, means the initial transfer of Crown lands from the
Crown to a person;
j. "lease" means a lease of Crown lands made pursuant to this Act or any special or
general enactment, or a lease of Crown lands in force on the twenty-ninth day of
May, 1987, and made pursuant to Chapter 163 of the Revised Statutes, 1967;
k. "leasee" means the holder of a lease;
l. "licence" means a licence in respect of Crown lands given pursuant to this Act or
any special or general enactment, or a licence of Crown lands in force on the
twenty-ninth day of May, 1987, and made pursuant to Chapter 163 of the
Revised Statutes, 1967;
m. "licensee" means a holder of a licence;
n. "Minister" means the Minister of Lands and Forests;
o. "Registrar" means the Registrar of Crown Lands appointed pursuant to this Act;
p. "structure" includes a building, camp, trailer, houseboat, raft, wharf, fence or
wall;
q. "stumpage" means the amount as determined by the Minister which is payable to
the Crown for timber harvested on Crown lands;
r. "timber" means all trees of any species or size whether standing, fallen, cut or
harvested;
s. "vehicle" means any vehicle propelled or driven otherwise than by muscular
power, whether or not the vehicle is registered pursuant to the Motor Vehicle
Act, and includes a motor boat or motor vessel;
t. "wildlife" means any species of vertebrate which is wild by nature and hence not
normally dependent on man to directly provide its food, shelter or water;
u. "wood-processing facility" means a mill in which timber is manufactured into
secondary wood products;
v. "woods" means forest land, rock barren, brushland, dry marsh, bog and muskeg.
R.S., c. 114, s. 3.
Supervision of Act
4 (1) The Minister has the general supervision and management of this Act and the regulations.
Powers of Minister
5 The Minister has supervision, direction and control of
a. the acquisition, registration, survey and sale or disposition of Crown lands; and
b. the administration, utilization, protection and management of Crown lands,
including
i.
access to and travel on Crown lands,
ii. habitats for the maintenance and protection of wildlife on Crown lands,
iii. harvesting and the renewal of timber resources on Crown lands,
iv.
forest recreation on Crown lands, and
v.
matters that may be assigned pursuant to this Act and the regulations, but not
including land owned or claimed by the Province specifically under the
jurisdiction of another member of the Executive Council or a department,
31
branch or agency of the Government other than the Department. R.S., c. 114,
s. 5.
Personnel
6 (1) Conservation officers and other persons required for the administration of this Act and the
regulations shall be appointed in accordance with the Civil Service Act.
Engagement of services
(2) Notwithstanding subsection (1), the Minister may engage, upon such terms and conditions
as the Minister deems fit, the services of such persons as the Minister deems necessary for the
efficient carrying out of the intent and purpose of this Act and the regulations.
Conservation officers
(3) All conservation officers appointed pursuant to the Wildlife Act or the Forests Act are
conservation officers for the purposes of this Act.
Member of R.C.M.P.
(4) A member of the Royal Canadian Mounted Police is by virtue of office a conservation
officer pursuant to this Act and has the same powers as are conferred upon a conservation
officer.
Powers of conservation officer
(5) A conservation officer in carrying out duties pursuant to this Act and the regulations has and
may exercise in any part of the Province all the powers, authorities and immunities of a peace
officer as defined in the Criminal Code (Canada).
Protection
(6) The protection afforded by this Act and any other enactment to a conservation officer
extends to any other person while and to the extent that that person is in the course of assisting
a conservation officer under the conservation officer’s direction.
Administration of oaths
(7) A conservation officer may administer oaths by any person making a declaration or affidavit
pursuant to this Act.
Oath of conservation officer
(8) A conservation officer before commencing duties pursuant to this Act, shall take an oath or
affirmation as prescribed by the regulations. Subsection (8) does not apply
(9) Subsection (8) does not apply to members of the Royal Canadian Mounted Police or
conservation officers who have already taken and subscribed an oath of office.
32
Proof of office
(10) A copy of an identification card signed by the Minister is proof in any court of law that the
individual named therein is a conservation officer pursuant to this Act or the regulations
without any further proof. R.S., c. 114, s. 6.
Dealing with land
7 With the approval of the Governor in Council, the Minister may
a. acquire by purchase or gift any land or interest in land;
b. acquire by lease or licence any land or interest in land;
c. exchange Crown lands for privately owned land;
d. acquire an easement or right of way across privately owned land. R.S., c. 114, s.
7.
Destruction or defacing line
14 (1) No person shall destroy or deface any boundary line or any part thereof or remove, move
or destroy any monument, pin, post or other marker placed on Crown lands to establish a
boundary of Crown lands.
Deemed boundary marker
(2) In a prosecution with respect to an offence pursuant to this Section, any monument, pin,
post or other marker alleged to have been placed on Crown lands shall, in the absence of
evidence to the contrary, be deemed to have been placed on Crown lands for the purpose of
establishing a boundary thereon. R.S., c. 114, s. 14.
Manner of dealing with Crown land
15 Crown lands shall not be granted, conveyed, sold or disposed of in any manner except as
provided by this Act. R.S., c. 114, s. 15.
Powers of Minister respecting land
16 (1) With the approval of the Governor in Council, the Minister may
a. issue a grant, deed, lease, licence or other conveyance for the disposition of
Crown lands or any interest in Crown lands;
b. grant an easement or right of way with respect to Crown lands upon such terms
and conditions as the Minister considers appropriate;
c. transfer the administration and control of Crown lands to the Government of
Canada or an agency thereof.
Transfer of administration
(2) The Minister may by letter transfer the administration and control of Crown lands
administered by the Department to another Provincial government department. R.S., c. 114, s.
16.
33
Application for forest access road
20 (1) A person may apply to the Minister to construct a forest access road on Crown lands
which have been reserved for such purposes.
Conveyance of road reserves
(2) Where Crown lands have been reserved for a road or for another purpose and are not used
for that purpose or provide a hindrance to the development of the area, the Minister, with the
approval of the Governor in Council, may convey all or a portion of the land so reserved to
such persons on such terms and conditions as the Minister deems appropriate. R.S., c. 114, s.
20.
Powers of Minister respecting conditions
21 Structure and personal property Crown property
(4)Any structure or personal property remaining on Crown lands after the revocation,
cancellation or termination of a grant, deed or other conveyance is the property of the Crown
and may be disposed of in the manner the Minister deems expedient. R.S., c. 114, s. 21.
Special areas
24 The Minister may set aside special areas on Crown lands for
a. the maintenance and management of the forests in conformity with the Forests
Act and the Forest Enhancement Act;
b. the conduct of forest research;
c. the protection and regulation of the flow of water within the lands so reserved
and set apart;
d. the development of water power to be derived therefrom;
e. the protection, management and conservation of wildlife and wildlife habitats;
f. such purposes as the Minister deems expedient. R.S., c. 114, s. 24.
Management by Minister
25 (1) The Minister shall manage wildlife and wildlife habitats on Crown lands and provide for
the maintenance of long-term productivity, diversity and stability of the forest ecosystem.
Protective measures
(2) The Minister shall integrate appropriate protective measures in forest-management planning
for Crown lands to respect the integrity of water-supply watersheds, wildlife habitats, special
places, ecological reserves and significant outdoor-recreation opportunities. R.S., c. 114, s. 25.
Forest access road
26 (1) The Minister may construct and maintain or acquire any forest access road the Minister
considers necessary for the administration of this Act and the regulations.
34
Forest access road permits
(2) The Minister may issue a permit to construct and use a forest access road across Crown
lands for such period of time as set out in the regulations or as ordered by the Minister.
Minister not liable
(3) The Minister is not liable for damage, loss or injury to a user arising in relation to the
construction, repair, maintenance or lack of maintenance of a forest access road.
Closing road
(4) The Minister may close a forest access road or any portion thereof to travel by a class of
vehicle or by a person or class of persons for all or any part of the year.
Manner of road closing
(5) A forest access road may be closed pursuant to subsection (4) by the erection of a sign or
barricade or such other manner as the Minister deems expedient.
Travel permit
(6)The Minister may grant a permit to travel on a forest access road which is closed subject to
such terms and conditions as the Minister deems advisable.
Prohibitions
(7) No person shall, without lawful authority
a. travel on a forest access road or portion thereof which is closed;
b. remove or deface a sign or barricade erected pursuant to this Act; or
c. barricade or post signs on a forest access road.
Prima facie proof
(8) In a prosecution pursuant to subsection (7), where a sign or barricade is posted or erected on
a forest access road indicating that the forest access road or a portion of it is closed, it is prima
facie deemed to have been posted or erected by the Minister. R.S., c. 114, s. 26.
Rights respecting roads
27 (1) Any person, including those who hold a licence, permit, lease or other form of agreement
with the Crown, may, with consent of the Minister,
a. construct a forest access road and works necessarily incidental thereto;
b. restrict travel over a forest access road;
c. abandon a forest access road and works necessarily incidental thereto;
d. require users of the forest access road to obtain a permit;
e. restrict the use of a forest access road to the public by the use of gates or by
notice if material damage might result from such use or if such use might
endanger life or property;
35
f. remove, at the expense of the owner thereof, a vehicle or equipment unlawfully
found on or using the forest access road.
28 Timber and other resources on Crown lands may be disposed by means of
a. a permit;
b. a licence;
c. a forest utilization licence agreement; or
d. such means as the Minister deems appropriate. R.S., c. 114, s. 28.
Cutting or removing prohibited
29 (1) No person shall cut or remove timber or other resources on or from Crown lands unless
that person is expressly authorized to do so pursuant to this Act or the regulations.
Additional penalty
(2)In addition to a penalty imposed for a violation of subsection (1), the court may order a
person convicted of an offence pursuant to this Section to restore the land to a condition as near
as practicable as it was before the offence was committed and pay an amount equal to twice the
market value of the property cut, damaged or removed. R.S., c. 114, s. 29.
Forest utilization licence agreement
32 (1) The Minister, with the approval of the Governor in Council, may enter into a forestutilization licence agreement for the purpose of ensuring the best possible utilization of the
forests of the Province and the timber thereon with a person who owns or operates a woodprocessing facility in the Province or who undertakes by agreement with the Minister to
construct and operate a wood-processing facility in the Province.
Consideration by Minister
(2) When entering into an agreement pursuant to subsection (1), the Minister shall consider
whether the availability of primary forest products from Crown lands will unfairly influence the
marketability of such products from privately owned lands.
Contents of agreement
(3) An agreement pursuant to subsection (1) shall contain such terms and conditions as are
deemed necessary by the Minister and shall not be for a period longer than ten years.
Renewal
(4) An agreement pursuant to subsection (1) may contain a provision for one renewal period not
exceeding ten years.
Continuation of agreement
(5) Unless provided otherwise, an agreement renewed pursuant to subsection (4) is a
continuation of the agreement originally issued and the agreement renewed continues and is
36
deemed to have continued without interruption from the renewed date of the original
agreement. R.S., c. 114, s. 32.
Offences
38 (1) A person who without legal justification or without the permission of the Minister or a
person authorized by the Minister, the proof of which rests upon the person asserting
justification or permission,
a. enters upon Crown lands where entry is prohibited by notice;
b. engages in an activity which is prohibited on the Crown lands by notice; or
c. dumps or deposits materials on or over Crown lands or causes, suffers or permits
material to be dumped or deposited on or over Crown lands, is guilty of an
offence.
Offences
40 (1) Except as authorized pursuant to this or any other Act or by the Minister, a person who
a. cuts down or damages timber or other resources belonging to the Crown;
b. removes from Crown lands timber or other resources of the Crown; or
c. damages or removes property of the Crown, is guilty of an offence.
Additional penalty
(2) In addition to a penalty imposed for a violation of subsection (1), the court may order a
person convicted of an offence pursuant to this Section to restore the land to a condition as near
as practicable as it was before the offence was committed and pay an amount equal to twice the
market value of the timber or other resources cut, damaged or removed. R.S., c. 114, s. 40.
Search
44 A conservation officer who has reasonable and probable grounds to believe there has been a
violation of this Act or the regulations may
a. without a search warrant, stop, enter and search a vehicle, railway car or aircraft; or
b. with a search warrant, search a residence or structure. R.S., c. 114, s. 44.
Regulations
51 (1) The Governor in Council may make regulations
a. respecting the oath or affirmation of office for conservation officers;
b. respecting the acquisition of lands;
c. respecting the registration of Crown lands;
d. respecting the survey of Crown lands;
e. respecting leasing and other dispositions of Crown lands;
f. respecting the harvesting and removal of timber and other resources from Crown
lands;
g. respecting special areas set aside on Crown lands;
h. respecting forest access roads on Crown lands;
37
i. respecting permits, licences and forest utilization licence agreements on Crown
lands;
j. respecting forest management on Crown lands;
k. respecting claims to Crown lands;
l. respecting information returns to be completed with respect to Crown lands;
m. respecting stumpage and other charges for timber and other resources removed
from Crown lands;
n. respecting the posting and use of signs on Crown lands;
o. respecting the conduct of public auctions and sales pursuant to the Act;
p. prescribing minimum and maximum fines to be paid for violations of the
regulations;
q. defining any word or expression used in this Act or the regulations and not
defined therein;
r. respecting procedures and forms to be used;
s. respecting any matter necessary or advisable to carry out effectively the intent
and purpose of the Act.
38
Occupational Health and Safety Act (1996)
15%
(a), 13(1,2), 14, 17(1-2), 28(1-2), 29(1-2), 33(1), 43(1-9), 63(1-3), 64, 74(1-2)
http://www.gov.ns.ca/legislature/legc/statutes/occph_s.htm
Internal Responsibility System
2 The foundation of this Act is the Internal Responsibility System which
a)
is based on the principle that
i. employers, contractors, constructors, employees and self-employed
persons at a workplace, and
ii. the owner of a workplace, a supplier of goods or provider of an
occupational health or safety service to a workplace or an architect or
professional engineer, all of whom can affect the health and safety of
persons at the workplace, share the responsibility for the health and
safety of persons at the workplace;
DUTIES AND PRECAUTIONS
Employers' precautions and duties
13 (1) Every employer shall take every precaution that is reasonable in the circumstances to
a. ensure the health and safety of persons at or near the workplace;
b. provide and maintain equipment, machines, materials or things that are properly
equipped with safety devices;
c. provide such information, instruction, training, supervision and facilities as are
necessary to the health or safety of the employees;
d. ensure that the employees, and particularly the supervisors and foremen, are
made familiar with any health or safety hazards that may be met by them at the
workplace;
e. ensure that the employees are made familiar with the proper use of all devices,
equipment and clothing required for their protection; and
f. conduct the employer's undertaking so that employees are not exposed to health
or safety hazards as a result of the undertaking.
(2) Every employer shall
a. consult and co-operate with the joint occupational health and safety committee,
where such a committee has been established at the workplace, or the health and
safety representative, where one has been selected at the workplace;
b. co-operate with any person performing a duty imposed or exercising a power
conferred by this Act or the regulations;
c. provide such additional training of committee members as may be prescribed by
the regulations;
39
d. comply with this Act and the regulations and ensure that employees at the
workplace comply with this Act and the regulations; and
e. where an occupational health and safety policy or occupational health and safety
program is required pursuant to this Act or the regulations, establish the policy
or program. 1996, c. 7, s. 13.
Precautions to be taken by contractors
14 Every contractor shall take every precaution that is reasonable in the circumstances to ensure
a. the health and safety of persons at or near a workplace;
b. that the activities of the employers and self-employed persons at the workplace
are co-ordinated;
c. communication between the employers and self-employed persons at the
workplace of information necessary to the health and safety of persons at the
workplace;
d. that the measures and procedures prescribed pursuant to this Act and the
regulations are carried out at the workplace; and
e. that every employee, self-employed person and employer performing work at the
workplace complies with this Act and the regulations. 1996, c. 7, s. 14.
Employees' precautions and duties
17 (1) Every employee, while at work, shall
a. take every reasonable precaution in the circumstances to protect the employee's
own health and safety and that of other persons at or near the workplace;
b. co-operate with the employer and with the employee's fellow employees to
protect the employee's own health and safety and that of other persons at or near
the workplace;
c. take every reasonable precaution in the circumstances to ensure that protective
devices, equipment or clothing required by the employer, this Act or the
regulations are used or worn;
d. consult and co-operate with the joint occupational health and safety committee,
where such a committee has been established at the workplace, or the health and
safety representative, where one has been selected at the workplace;
e. co-operate with any person performing a duty or exercising a power conferred
by this Act or the regulations; and
f. comply with this Act and the regulations.
(2) Where an employee believes that any condition, device, equipment, machine, material or
thing or any aspect of the workplace is or may be dangerous to the employee's health or safety
or that of any other person at the workplace, the employee shall
a. immediately report it to a supervisor;
b. where the matter is not remedied to the employee's satisfaction, report it to the
committee or the representative, if any; and
c. where the matter is not remedied to the employee's satisfaction after the
employee reports in accordance with clauses (a) and (b), report it to the Division.
1996, c. 7, s. 17.
40
Occupational Health and Safety Program
Requirement for program
28 (1) Where
a. twenty or more employees are regularly employed by an employer other than a
constructor or contractor;
b. twenty or more employees are regularly employed directly by a constructor or
contractor, not including employees for whose services the constructor or
contractor has contracted; or
c. the regulations require an occupational health and safety program, the employer
shall establish and maintain a written occupational health and safety program, in
consultation with the committee or representative, if any, that is adapted to the
circumstances of the organization for the purpose of implementing the
employer's policy, this Act and the regulations.
(2) The program shall include
a. provision for the training and supervision of employees in matters necessary to
their health and safety and the health and safety of other persons at the
workplace;
b. provision for the preparation of written work procedures required to implement
safe and healthy work practices, including those required pursuant to this Act,
the regulations or by order of an officer, and identification of the types of work
for which the procedures are required at the employer's workplace;
c. provision for the establishment and continued operation of a committee required
pursuant to this Act, including maintenance of records of membership, rules of
procedure, access to a level of management with authority to resolve health and
safety matters and any information required under this Act or the regulations to
be maintained in relation to a committee;
d. provision for the selection and functions of a representative where required
pursuant to this Act, including provision for access by the representative to a
level of management with authority to resolve health and safety matters;
e. a hazard identification system that includes
i. evaluation of the workplace to identify potential hazards,
ii. procedures and schedules for regular inspections,
iii. procedures for ensuring the reporting of hazards and the accountability
of persons responsible for the correction of hazards, and
iv. identification of the circumstances where hazards must be reported by
the employer to the committee or representative, if any, and the
procedures for doing so;
f. a system for workplace occupational health and safety monitoring, prompt
follow-up and control of identified hazards;
g. a system for the prompt investigation of hazardous occurrences to determine
their causes and the actions needed to prevent recurrences;
h. maintenance of records and statistics, including reports of occupational health
and safety inspections and occupational health and safety investigations, with
41
provision for making them available to persons entitled to receive them pursuant
to this Act; and
i. provision for monitoring the implementation and effectiveness of the program.
Joint Occupational Health and Safety Committees
Requirement for committees
29 (1) At every workplace where twenty or more persons are regularly employed, the employer
shall establish and maintain one joint occupational health and safety committee or, at the
discretion of the employer, more than one such committee and, where twenty or more persons
are regularly employed by one or more constructors at a project, a constructor shall establish
and maintain a joint occupational health and safety committee for the project.
(2) At a workplace where fewer than twenty persons are regularly employed, the Director may
a. consult with the employer and employees at the workplace regarding whether a
committee should be formed at the workplace; and
b. order that a committee be established.
Health and Safety Representatives
Requirement for and functions of representatives
33 (1) At a workplace where no committee is required pursuant to Section 29 and where the
number of persons employed is five or more, the employer shall cause the employees to select
at least one health and safety representative from among the employees at the workplace who
are not connected with the management of the workplace.
Right to Refuse Work
Right to refuse work and consequences of refusal
43 (1) Any employee may refuse to do any act at the employee's place of employment where
the employee has reasonable grounds for believing that the act is likely to endanger the
employee's health or safety or the health or safety of any other person until
a. the employer has taken remedial action to the satisfaction of the employee;
b. the committee, if any, has investigated the matter and unanimously advised the
employee to return to work; or
c. an officer has investigated the matter and has advised the employee to return to
work.
(2) Where an employee exercises the employee's right to refuse to work pursuant to subsection
(1), the employee shall
a. immediately report it to a supervisor;
b. where the matter is not remedied to the employee's satisfaction, report it to the
committee or the representative, if any; and
c. where the matter is not remedied to the employee's satisfaction after the
employee has reported pursuant to clauses (a) and (b), report it to the Division.
42
(3) At the option of the employee, the employee who refuses to do any act pursuant to
subsection (1) may accompany an officer or the committee or representative, if any, on a
physical inspection of the workplace, or part thereof, being carried out for the purpose of
ensuring others understand the reasons for the refusal.
(4) Notwithstanding subsection 50(8), an employee who accompanies an officer, the committee
or a representative, as provided in subsection (3), shall be compensated in accordance with
subsection (7), but the compensation shall not exceed that which would otherwise have been
payable for the employee's regular or scheduled working hours.
(5) Subject to any applicable collective agreement, and subsection (3), where an employee
refuses to do work pursuant to subsection (1), the employer may reassign the employee to other
work and the employee shall accept the reassignment until the employee is able to return to
work pursuant to subsection (1).
(6) Where an employee is reassigned to other work pursuant to subsection (5), the employer
shall pay the employee the same wages or salary and grant the employee the same benefits as
would have been received had the employee continued in the employee's normal work.
(7) Where an employee has refused to work pursuant to subsection (1) and has not been
reassigned to other work pursuant to subsection (5), the employer shall, until clause (1) (a), (b)
or (c) is met, pay the employee the same wages or salary and grant the employee the same
benefits as would have been received had the employee continued to work.
(8) A reassignment of work pursuant to subsection (5) is not discriminatory action pursuant to
Section 45.
(9) An employee may not, pursuant to this Section, refuse to use or operate a machine or thing
or to work in a place where
a. the refusal puts the life, health or safety of another person directly in danger; or
b. the danger referred to in subsection (1) is inherent in the work of the employee.
1996, c. 7, s. 43.
Restriction on assignment of work where refusal
Accidents
Notice of accident at the workplace
63 (1) The employer shall send written notice to the Director
a. of a fire or accident at the workplace that occasions bodily ine a person is killed
from any cause or is injured from any cause in a manner likely to prove fatal,
within twenty-four hours of the occurrence of the death or injury.
(2) A true copy of the notice of accident required to be given by an employer to the Workers
Compensation Board, pursuant to the Workers Compensation Act, may be delivered or mailed
to the Director as sufficient notice pursuant to this Section.
43
(3)Where a notice is required to be sent to the Director pursuant to this Section, the employer
shall furnish the committee or representative at the workplace, if any, with a copy of the notice.
1996, c. 7, s. 63.
Disturbance of accident scene
64 Except as otherwise directed by an officer, no person shall disturb the scene of an accident
that results in serious injury or death except as is necessary to
a. attend to persons injured or killed;
b. prevent further injuries; or
c. protect property that is endangered as a result of the accident. 1996, c. 7, s. 64.
Duty to disclose accident information
Offences and penalties
74 (1) A person who
a. contravenes this Act or the regulations; or
b. fails to comply with
i. an order or direction made pursuant to this Act or the regulations, or
ii. a provision of a code of practice adopted pursuant to Section 66, is guilty
of an offence and liable on summary conviction to a fine not exceeding
two hundred and fifty thousand dollars, or to a term of imprisonment not
exceeding two years, or to both a fine and imprisonment.
(2) In addition to a fine imposed pursuant to subsection (1) or (3), the court may impose a fine
not exceeding twenty-five thousand dollars for each additional day during which the offence
continues.
44
Scalers Act – 1967
(Appendix I)
2%
4(1-3)
http://www.gov.ns.ca/just/regulations/regs/scalereg.htm
4 (1) Subject to Section 6(4) of the Act, any person nineteen years of age or over who has
successfully passed an examination and obtained the required experience as prescribed by the
Board and who has been recommended for a licence by the Board may apply to the Minister for
a licence in any one or more of the following forms:
a) a pulpwood scaling licence which authorizes the scaler to scale pulpwood or other
roundwood products measured collectively;
b) a log scaling licence which authorizes the scaler to scale logs and similar primary wood
products measured individually;
c) a primary wood products scaling licence which authorizes the scaler to scale all primary
wood products;
d) a special scaling licence issued pursuant to Section 7 of the Act.
(2) The Board may recommend that the examination requirements be waived if an applicant
a. holds a valid scalers licence from another province;
b. has sufficient work experience; and
c. is reasonably familiar with the provisions of the Act, regulations and scaling
manual.
(3) The fee for each type of licence listed in subsection (1) shall be $10.00.
45
Environment Act - 1994-95 - January 9, 1995
13%
2(a-d), 3(a-r, b-e), 50(1-2), 67(1-2), 68(1-2), 69(1-2), 71, 157, 160
http://www.gov.ns.ca/legi/legc/statutes/environ1.htm
If you are searching this statute, note that it consists of six documents.
An Act to Reform the Environmental Laws of the Province and to Encourage and Promote the
Protection, Enhancement and Prudent Use of the Environment
2 The purpose of this Act is to support and promote the protection, enhancement and prudent
use of the environment while recognizing the following goals:
a. maintaining environmental protection as essential to the integrity of ecosystems,
human health and the socio-economic well-being of society;
b. maintaining the principles of sustainable development, including
i. the principle of ecological value, ensuring the maintenance and
restoration of essential ecological processes and the preservation and
prevention of loss of biological diversity,
ii. the precautionary principle will be used in decision-making so that where
there are threats of serious or irreversible damage, the lack of full
scientific certainty shall not be used as a reason for postponing measures
to prevent environmental degradation,
iii. the principle of pollution prevention and waste reduction as the
foundation for long-term environmental protection, including
1. the conservation and efficient use of resources,
2. the promotion of the development and use of sustainable,
scientific and technological innovations and management
systems, and
3. the importance of reducing, reusing, recycling and recovering the
products of our society,
iv. the principle of shared responsibility of all Nova Scotians to sustain the
environment and the economy, both locally and globally, through
individual and government actions,
v. the stewardship principle, which recognizes the responsibility of a
producer for a product from the point of manufacturing to the point of
final disposal,
vi. the linkage between economic and environmental issues, recognizing that
long-term economic prosperity depends upon sound environmental
management and that effective environmental protection depends on a
strong economy, and
46
vii. the comprehensive integration of sustainable development principles in
public policy making in the Province;
c. the polluter-pay principle confirming the responsibility of anyone who creates an
adverse effect on the environment to take remedial action and pay for the costs
of that action;
d. taking remedial action and providing for rehabilitation to restore an adversely
affected area to a beneficial use;
Interpretation
3 In this Act,
a. "activity" means an activity or part of an activity prescribed by the regulations;
b. "administrator" means a person appointed by the Minister for the purpose of this
Act, and includes an acting administrator;
c. "adverse effect" means an effect that impairs or damages the environment,
including an adverse effect respecting the health of humans or the reasonable
enjoyment of life or property;
d. "air" means open air not enclosed in a building, structure, machine, chimney,
stack, flue, tank or pipe;
e. "analyst" means a person appointed as an analyst by the Minister pursuant to this
Act;
f. "approval" means an approval issued pursuant to this Act with respect to an
activity, and includes the renewal of an approval;
g. "Board" means the Nova Scotia Environmental Assessment Board established
by Part IV;
h. "certificate of qualification" means a certificate of qualification issued pursuant
to this Act and includes the renewal of a certificate of qualification;
i. "certificate of variance" means a certificate of variance issued pursuant to this
Act;
j. "class environmental assessment" means a planning process used for types of
undertakings that occur frequently and have a generally predictable range of
environmental effects;
k. "contaminant" means, unless otherwise defined in the regulations, a substance
that causes or may cause an adverse effect;
l. "contaminated site" means a site designated as a contaminated site by the
Minister pursuant to this Act;
m. "Corps" means the Nova Scotia Youth Conservation Corps;
n. "dangerous goods" means a substance designated as such in the regulations or
conforming with criteria set out in the regulations;
o. "Department" means the Department of the Environment;
p. "designated material" includes a material prescribed as such in the regulations or
conforming with criteria set out in the regulations;
q. "document" includes a book, sound recording, videotape, film, photograph,
chart, graph, map, plan, survey, book of account, electronic device or any other
device that stores or contains information;
47
r. "environment" means the components of the earth and includes
i. air, land and water,
ii. the layers of the atmosphere,
iii. organic and inorganic matter and living organisms,
iv. the interacting natural systems that include components referred to in
subclauses (i) to (iii), and (be) "watercourse" means the bed and shore of
every river, stream, lake, creek, pond, spring, lagoon or other natural
body of water, and the water therein, within the jurisdiction of the
Province, whether it contains water or not, and (ii) all ground water;
Part V
Approvals and Certificates
Approvals
Prohibition
50 (1) No person shall knowingly commence or continue any activity designated by the
regulations as requiring an approval unless that person holds the appropriate approval.
Prohibition
(2) No person shall commence or continue any activity designated by the regulations as
requiring an approval, unless that person holds the appropriate approval. 1994-95, c. 1, s. 50.
PART VI
RELEASE OF SUBSTANCES
Prohibition
67 (1) No person shall knowingly release or permit the release into the environment of a
substance in an amount, concentration or level or at a rate of release that causes or may cause a
significant adverse effect, unless authorized by an approval or the regulations.
Prohibition
(2)No person shall release or permit the release into the environment of a substance in an
amount, concentration or level or at a rate of release that causes or may cause a significant
adverse effect, unless authorized by an approval or the regulations. 1994-95, c. 1, s. 67.
Prohibition
68 (1) No person shall knowingly release or permit the release of a substance into the
environment in an amount, concentration or level or at a rate of release that is in excess of that
expressly authorized by an approval or the regulations.
48
Prohibition
(2) No person shall release or permit the release of a substance into the environment in an
amount, concentration or level or at a rate of release that is in excess of that expressly
authorized by an approval or the regulations. 1994-95, c. 1, s. 68.
Duty to report release
69 (1) Any person responsible for the release of a substance into the environment that has
caused, is causing or may cause an adverse effect, shall forthwith, as soon as that person knows
or ought to know of the release, report it to
a. the Department at its emergency telephone number;
b. the owner of the substance, where applicable, if the person reporting knows or is
readily able to ascertain the identity of the owner;
c. the person having care, management or control of the substance, where
applicable, if the person reporting knows or is readily able to ascertain the
identity of that person; and
d. any other person who the person reporting knows or ought to know may be
directly affected by the release.
Duty to report release
(2) Any person responsible for the release of a substance into the environment that is in excess
of an amount, concentration, level or rate of release expressly authorized by an approval or
regulations, shall forthwith, as soon as that person knows or ought to know of the release, report
it in the manner prescribed in the approval or the regulations, as the case may be, to the persons
identified in clauses (1)(a) to (d). 199495, c. 1, s. 69.
Duty to take remedial measures
71 Any person responsible for the release of a substance under this Part shall, at that persons
own cost, and as soon as that person knows or ought to have known of the release of a
substance into the environment that has caused, is causing or may cause an adverse effect,
a. take all reasonable measures to
i. (i) prevent, reduce and remedy the adverse effects of the substance, and
ii. (ii) remove or otherwise dispose of the substance in such a manner as to
minimize adverse effects;
b. take any other measures required by an inspector or an administrator; and
c. rehabilitate the environment to a standard prescribed or adopted by the
Department. 1994-95, c. 1, s. 71.
PART XVIII
PENALTIES AND PROSECUTIONS
Limitation period
49
157 A prosecution for an offence under this Act may not be commenced more than two years
after the later of
a. the date on which the offence was committed; or
b. the date on which evidence of the offence first came to the attention of an
inspector, an administrator or the Minister, whichever occurs first [whichever
occurs first]. 1994-95, c. 1, s. 157.
Due diligence defence
160 Unless otherwise provided in this Act, no person shall be convicted of an offence under this
Act if the person establishes that the person
a. exercised all due diligence to prevent the commission of the offence; or
b. reasonably and honestly believed in the existence of facts that, if true, would
render the conduct of that person innocent. 1994-95, c. 1, s. 160.
Effective date
177 This Act has effect on and after January 1, 1995. 1994-95, c. 1, s. 177
50
PESTICIDE REGULATIONS - April 11, 1995
6(1-2), 7(c, d)
http://www.gov.ns.ca/just/regulations/regs/env6195.htm
Part I - Certificates of Qualification
Prohibitions
6 (1) No person shall apply a commercial class or restricted class pesticide unless that person
holds a valid certificate of qualification.
(2) No person shall sell or store for gain or reward a commercial class or restricted class
pesticide unless that person holds a valid certificate of qualification.
Certificates of qualification
7 (1) The Minister or an Administrator may issue the following classes of certificates of
qualification:
Class III (A) - Forestry Certificate which authorizes the holder to use a pesticide by ground
application including site preparation, brushing, crop tree release, thinning, insect control,
disease control and vertebrate control in a forest management operation, forest seed orchard,
outdoor nursery, or plantation;
Class III (B) - Greenhouse Certificate which authorizes the use of a pesticide, other than the use
of a restricted class fumigant gas in a greenhouse during the storage, display or production of an
agricultural crop including vegetables, ornamental trees, mushrooms and forest tree seedlings
and the use of pesticides on areas immediately surrounding a greenhouse;
Part VI - Effective Date
32 (1) Subject to subsection (2), these regulations shall come into force on, from and after April
11, 1995.
(2) With respect to private applicators, clauses 7(1)(c), (d), (e), (f), and (k), and clause 10(b)
shall come into force on, from and after December 1, 1996.
51
EMERGENCY SPILL REGULATIONS - April 11, 1995
2(m), 6, Schedule A
http://www.gov.ns.ca/just/regulations/regs/env5995.htm
Definitions
2 In these regulations
(m) "spill" means a release of a substance
(i) into the environment,
(ii) from or out of an approved containment system, structure, aircraft, vehicle, vessel, process
tank, pipeline, or other container,
(iii) that is abnormal in quantity or quality in light of all the circumstances of the release, or
(iv) in excess of an amount specified in these regulations or an approval.
6 A person responsible under Section 69 of the Act shall forthwith report an unauthorized
release of a contaminant listed in Column 3 of Schedule "A" in quantities greater than those
listed in Column 4 of Schedule "A" as soon as that person knows of the unauthorized release.
Effective date
These regulations shall come into effect on, from and after April 11, 1995.
52
Schedule "A" - Spill Report Requirements
Item Number TDGA Class Description of Contaminant Amount Spilled
1. 1 Explosives Amount Spilled
2 2.1 Compressed gas (flammable) 100 L
3 2.2 Compressed gas (noncorrosive, non-flammable) 100 L
4 2.3 Compressed gas (toxic) any amount
5 2.4 Compressed gas (corrosive) any amount
6 3 Flammable liquids 100 L
7 4.1 Flammable solids 25kg
8 4.2 Spontaneously combustible solids 25 kg
9 4.3 Water reactant solids 25 kg
10 5.1 Oxidizing substances 50 L or 50 kg
11 5.2 Organic peroxides 1 L or 1 kg
12 6.1 Poisonous substances 5 L or 5 kg
13 6.2 Infectious substances any amount
14 7 Radioactive substances any amount
15 8 Corrosive substances 5 L or 5 kg
16 9.1 (in part) Miscellaneous products or substances, excluding PCB mixtures 50 L or 50 kg
17 9.1 (in part) PCB mixtures of 50 or more parts per million 0.5 L or 0.5 kg
18 9.2 Environmentally hazardous substances 1 L or 1 kg
19 9.3 Dangerous wastes 5 L or 5 kg
20 None Asbestos waste as defined
in the Asbestos Waste Management Regulations
50 kg
21 None Used oil as defined in the Used Oil Regulations
100 L
22 None Contaminated used oil as defined in the Used Oil Regulations
5L
23 None A pesticide in concentrated form
5 L or 5 kg
24 None A pesticide [in] diluted
form
70 L
25 None Unauthorized sewage
discharge into fresh water
or sensitive marine water
100 L
26 None Ozone depleting substances
as defined in the Ozone
Layer Protection
Regulations
25 kg
53
54
ACTIVITIES DESIGNATION REGULATIONS - April 11, 1995
3(1-3), 5(1, b, d, e, j, l, n, o), 6(1-3)
http://www.gov.ns.ca/just/regulations/regs/env4795.htm
Designation of activities
3 (1) Any activity designated in these regulations requires an approval from the Minister or an
Administrator designated by the Minister.
(2) Any modification or extension of an activity designated in these regulations requires an
approval unless exempted by a regulation or by the Minister.
(3) An activity which is designated in these regulations and is carried out on lands owned or
occupied by Her Majesty the Queen in right of Canada, or an agency, board or commission of
Her Majesty the Queen in right of Canada, does not require an approval from the Minister
unless the activity causes or may cause an adverse effect beyond the boundaries of these lands.
Division I - Water Approvals
5 (1) The use or alteration of a watercourse or a water resource for one or more of the following
purposes:
(b) the construction or maintenance of a dam;
(d) the construction or maintenance of a culvert in a manner consistent with current applicable
guidelines and standards issued by the Department, excluding a culvert installed between June
1 and September 30 of any year;
(e) the construction or maintenance of a bridge where
(i) a portion of the structure of the bridge is in a watercourse, or
(ii) use of equipment in the watercourse or 3 m from the edge of the watercourse is required;
(j) the diversion of a watercourse from its natural channel;
(l) the dredging or any other modification of a surface watercourse;
(n) the placement of rock or other erosion protection material in a surface watercourse; or
(o) any other alteration of a surface watercourse or the flow of the water therein, is designated
as an activity.
Division II - Pesticide Approvals
6 (1) For the purpose of Division II,
(a) "forested land" includes, but is not limited to, land used for the production of pulp, sawlogs,
lumber or firewood, but does not include land used to grow Christmas trees;
(b) "soil sterilization" means use of a non-selective herbicide which provides residual control of
plants for a period of time exceeding 6 months;
55
(c) "spot treatment" means the application of a pesticide to an area which does not exceed 100
m2.
(2) The application of a pesticide in any one or more of the following circumstances:
(a) on forested land;
(b) on a utility corridor or utility right-of-way, excluding spot treatment and the direct
application of wood preservatives to utility poles;
(c) on a road, street, or highway, excluding spot treatment;
(d) on an industrial or commercial site for soil sterilization;
(e) in, on or over a surface watercourse; or
(f) from any aircraft in flight, is designated as an activity.
(3) The construction of a new pesticide storage facility or the extension or modification of an
existing pesticide storage facility to store commercial or restricted class pesticides for sale,
resale, or wholesale distribution is designated as an activity.
Effective date: 30 These regulations come into effect on, from and after April 11, 1995.
56
THE FOREST PROFESSIONAL - 1994
A Code of Practice for the Stewards of Tomorrows Forests
Protective Equipment and Clothing
What you need
As a professional forestry worker, you must wear protective equipment and clothing when you
are working. Whenever possible, all the forest industry equipment you use in Nova Scotia must
be approved by the Canadian Standards Association (CSA) or equivalent. The following chart
shows what you need:
When you are handling
Chain Saw
Clearing Saw
Axe, Brush Axe or Machete
Shearing Knife
Christmas Tree Shearer
Christmas Tree Baler
Loading Christmas Trees
Wear
•
Hard hat
•
Hearing protectors
•
Face screen and/or safety goggles or safety glasses
•
Leg protection that is resistant to chain saw cuts
•
57
Boots, with CSA-approved Grade 1 toe caps or equivalent standard; chain saw boots are
recommended
•
Hard hat
•
Hearing Protectors
•
Face screen and/or safety goggles or safety glasses
•
Boots with CSA Grade 2 toe caps or an equivalent standard
•
Hard hat
•
Leg protection that is resistant to knife cuts
•
Boots with CSA Grade 2 toe caps or equivalent standard
•
Industrial quality leather gloves
•
Hard hat (where overhead hazards may exist)
•
Boots with CSA Grade 2 toe caps or an equivalent standard
•
Leg protection that is resistant to knife cuts
•
Hard hat (where overhead hazards may exist)
•
Boots that extend above the ankle (CSA Grade 2 toe caps or an equivalent standard are
recommended)
•
Hard hat (operator only)
•
Face screen and/or safety goggles or safety spectacles (operator only)
•
Hearing protectors
•
Boots with CSA Grade 2 toe caps or equivalent standard
•
Hard hat
•
Boots with CSA Grade 2 toe caps or equivalent standard
58
Dragging Christmas Trees
Skidder
Animal
Mobile
Truck
Planting and Cruising
Chemical Application
•
Hard hat (where overhead hazards may exist)
•
Boots that extend above your ankle (CSA Grade 2 toe caps or an equivalent standard are
recommended)
•
Hard hat
•
Hearing protectors
•
Face screen and/or safety goggles or safety glasses (if your cab is not fully enclosed)
•
Gloves or mitts with thick leather palms
•
Boots with CSA Grade 2 toe caps or an equivalent standard
•
Hard hat
•
Boots with CSA Grade 2 toe caps or an equivalent standard equipment (other than a truck)
•
Hard hat (if your cab is not fully enclosed)
•
Hearing protectors
•
Boots with CSA Grade 2 toe caps or an equivalent standard
•
Hard hat (outside truck in designated area)
•
Boots with CSA Grade 2 toe caps or an equivalent standard
59
•
Hard hat (where overhead hazards may exist)
•
Leather or rubber footwear that extends above the ankle (CSA approval recommended)
•
Hard hat (where overhead hazards may exist)
•
Hearing protectors on motorized equipment
•
Equipment recommended by chemical manufacturer
•
Boots with CSA Grade 2 toe caps or an equivalent standard
Machine Maintenance – Grinding, Hammering, and Chipping
Electric Welding
Cutting and Gas Welding
•
Hard hat
•
Boots with CSA Grade 2 toe caps or an equivalent standard
•
Safety goggles or safety glasses with side protection
•
Gloves or mitts with thick leather palms
•
Hard hat
•
Welding hood
•
Welding gloves
•
Boots with CSA Grade 2 toe caps or an equivalent standard
•
Hard hat
•
Welding glasses
•
Welding gloves
•
Boots with CSA Grade 2 toe caps or an equivalent standard
60
Supervision
•
Hard hat (where overhead hazards may exist)
•
Boots with CSA Grade 2 toe caps or an equivalent standard
Land Survey Crew
•
Hard hat
•
Boots with CSA Grade 2 toe caps or an equivalent standard Standards and Care Required
If your equipment and clothing are to protect you properly, they must meet certain standards
and be kept in good repair. Let’s take a look at some of the items you will be wearing, the
standards they must meet and how to keep them in good condition.
Hard hat
•
The hard hat you wear can be Class A or Class B. It must be highly visible (blaze orange is
recommended). A white, silver, or a dark-colour hard hat cannot be worn.
•
Replace any hard hat whose shell or suspension has been damaged.
•
Don't use fly repellent or oil on your hard hat because this will affect its protective quality.
•
Don't leave your hard hat on the rear window shelf of a vehicle. Intense sunlight will affect its
protective quality, and the hat may become a dangerous missile if the vehicle stops suddenly.
Safety footwear
•
CSA Grade 1 or Grade 2 footwear or footwear of an equivalent standard.
Note: * High-traction sores are recommended, as is the use of studs, caulks, or screws when
conditions warrant.
Hearing protectors
•
61
If you are working in an area where the sound level is greater than 85 decibels, you must wear
CSA Class A or B hearing protectors. As a rule, all saws and mobile equipment used in forest
operations will expose you to this level of sound.
•
Muffs are more sanitary than earplugs. When using ear plugs be sure to keep them clean and
follow installation instructions on the package. Cotton wool, for example, is not suitable. Nonapproved headphone sets cannot be used to replace proper hearing protectors.
62
Leg protection
•
Leg protection must be chain saw cut-resistant. It must be BNQ (Bureau de Normalisation du
Quebec) approved or the equivalent (category A or C BNQ is recommended).
Gloves or mitts
•
Gloves or mitts must have thick leather palms to prevent your hands if handling wire cable.
Equipment for chemical application
•
If you are unsure of the equipment required, contact the chemical manufacturer for details
before applying the chemical.
Supervising Employees
As a supervisor, employer, or contractor, you play a key role in ensuring the safety of your
workers during forest operations. You should understand and act in accordance with the Nova
Scotia Occupational Health and Safety Act, its Regulations and applicable Codes of Practice,
and other applicable government acts and/or regulations (see Appendix). The following are
some of your responsibilities under the Act:
Equipment Training
Mobile equipment may be operated only by a trained operator or by someone who is being
trained to operate the equipment.
No one may work without supervision on any machine unless that person:
- Has been properly trained and instructed in how the machine operates and the dangers
associated with it
- Has previously been supervised by someone who has a thorough knowledge of that machine
and has had experience operating it
- Is capable of safely operating the machine without supervision.
Equipment Operation
The operator of each piece of equipment must be able to recognize defects or unsafe conditions
and carry out procedures to correct them.
Supervision
63
A periodic visual check should be made of any employee working under hazardous conditions
who might not be able to get immediate help in case of an injury. Checks must be made at
minimum intervals of two hours.
o
A chain saw operator should not work alone. Another worker should be in the same operating
area.
o
Workers with physical or mental impairments should not be given work that will endanger
themselves or others.
o
People under the influence of alcohol, drugs, or other substances that may affect their ability to
work should not be allowed to enter or remain on the work site, because they could endanger
their own health and the safety of others.
o
Precautions should be taken if weather conditions create a hazard for workers.
o
Generators, gas barrels, and the like must be located on mineral soil.
o
When building roads, no employee may work closer than twice the height of the tallest tree
from a bulldozer that is clearing road right-of-way.
64
Employee Responsibilities
o
Employees at work have responsibilities for safety and must responsibilities co-operate with the
employer and fellow employees to protect their own health and safety and the health of other
people at or near the workplace (for more details, consult the Occupational Health and Safety
Act).
Reporting Accidents
o
Any accident that results in bodily injury must be reported to the Nova Scotia Department of
Labour, Occupational Health and Safety Division, as soon as reasonably practicable. Fatal
accidents or injuries that may prove fatal must be reported within 24 hours.
Housekeeping
o
Garbage and litter must be removed from the site, for example, lunch wrappers, empty oil
containers. Environmental standards must be complied with (for example, used oil and
containers should be properly disposed of).
Chain Saws
With a little extra attention to the care and operation of chain saws, many injuries can be
avoided.
When involved in operating a chain saw you are required to have:
1. Personal protective equipment (as described on page 7)
2. A chain saw with safety features (as described below)
3. Felling devices (as described on page 29)
4. A pressure dressing with you
5. First aid available at the worksite (see page 49)
6. An approved fuel container (as described on page 21)
7. Fire protection (as described on page 21).
Chain saws used in forest operations must be equipped with certain safety features: a chain
brake, a throttle control lock Safety Check out, handle vibration isolation, a safety chain, a rear
hand guard, a chain catcher, a spark arrestor, and an on/off switch in working condition. Before
you start a chain saw check these features.
65
Rear hand guard
Chain brake
The chain brake must be able to prevent the chain from moving even though the throttle has
been opened from idle to maximum. Saws must not be operated unless this standard is met.
Throttle control
The throttle must open only when the throttle control lock out is engaged.
Handle vibration
All rubber mounts or devices used to reduce chain saw isolation vibration must be present and
in good condition.
Rear hand guard
The rear hand guard is installed under the rear handle. It is designed to protect the operator's
hand if the chain breaks or leaves the guide bar.
Chain catcher
The chain catcher is installed on the body of the saw below and ahead of the drive sprocket. It is
designed to prevent the chain from whiplashing should the chain break or leave the guide bar.
Guide bar
A 9- or 1 0-tooth sprocket-nose guide bar is recommended, depending on the chain pitch.
Spark arrestor
Muffler and spark arrestor devices must be in place year round on all engines operated in the
forest environment.
On/off switch
Switches as designed by the manufacturer must be operational.
66
Mobile Equipment
Like chain saws, all mobile equipment used in the forest industry must meet certain standards
and be properly operated and maintained to reduce the chance of injuries.
Standards Required
Rollover requirements
- All mobile equipment must meet the requirements set in the Canadian Standards Association
B352-Ml 980 Code for Rollover Protective Structures (ROPS) or the Engineering Society for
Advancing Mobility Land, Sea, Air and Space SAE J 1 040 APR 88.
Equipment not built by Logging Manufacturer
- All operator protection on mobile equipment used for logging, silviculture, and forest road
construction that is built by someone other than a manufacturer must be certified by a registered
professional engineer.
Debris
- All debris such as twigs, leaves, etc., should be removed from around manifolds, transfer
cases, and other areas that get hot and could cause a fire.
Modifications
- Modifications made to a rollover protective structure must be recertified by a professional
engineer, or be approved of in writing by the manufacturer.
Head boards
- Head boards must be able to prevent objects from coming forward and hitting the cab.
Seat belts
- Seat belts must be used when mobile equipment is moving.
Climbing walking and working on surfaces
- The climbing, walking, and working surfaces of mobile, equipment must be non-skid. There
must also be hand holds on each side of steps or ladders, and suitable foot and hand holds
where someone might slip.
Christmas Tree Balers
67
All Christmas tree balers with twine containers must be equipped with a locking or braking
device on the twine can mechanism to prevent accidental rotation, unless work procedures can
ensure the same worker protection.
Fire Protection
•
All machinery with internal combustion engines must be equipped with a fire extinguisher or
extinguishers. They must carry at least a 2.3 kg (5 lb.) ABC-rated dry chemical extinguisher.
•
Employers and employees must comply with fire protection requirements of the Nova Scotia
Department of Natural Resources.
68
Brakes
•
Brakes must be able to stop the machine when it is fully loaded or free of a dragging load, and
operating at its normal travel speed on an average grade of a forest road. They should at least be
able to hold the machine stationary on a level road in second gear when the clutch is engaged at
50 per cent maximum-rated engine rpm.
•
Brakes should not be modified or changed from the manufacturer's design, because this will
reduce their effectiveness.
Steering
•
Mobile equipment must have a parking brake that will prevent it from moving when fully
loaded on an average grade of forest road without help from the engine, blade, or other
attachment.
•
The steering mechanism must allow the operator to have full control over the direction in which
the machine is moving.
Warning Device
•
All road building equipment in a logging operation must have an audible warning device that
can be operated when the reverse gear is engaged.
•
All pulp and log trucks should have an audible warning device. if not, the driver must give a
short blast on the horn before shifting into reverse.
Working Near Power Lines
Power lines and electrical equipment can be deadly unless you know how to work around them.
Before working near them, notify the people responsible for the lines or equipment so they can
determine if working conditions are safe.
There are three main classes of power line: (1) transmission, (2) distribution, and (3) secondary
and service lines. Transmission lines operate at voltages greater than 25,000 volts (25 kV).
Distribution lines are lines that operate at a nominal circuit voltage of 750 to 25,000 volts (0.7525 kV) measured phase to phase. Secondary and services lines operate at less than 750 volts. If
you are working near power lines and do not know the voltage, contact the local electric utility
office.
69
Planning your work
As part of your overall planning process, check for power Planning your lines in the area where
you are going to work. Talk to the work utility to assess hazards and plan safeguards. When
planning operations, consider the following.
•
Locate roads and trails to minimize crossing under power lines. Where crossing is required,
ensure that there is adequate clearance for the equipment to be used. Travel areas under lines
may have to be marked so operators can be guided to cross at appropriate locations.
•
Locate landings and loading areas away from overhead lines.
•
Mark "danger" trees that could fall into lines, so cutters can take appropriate precautions.
Keep the following in mind.
Ground Clearance
•
Ground clearance under a power line may not be enough to Ground clearance allow you to
drive a truck or mobile equipment underneath it. If you are working near a power line whose
clearance is not clearly marked:
•
Contact the local electric utility, which has the proper tools to measure ground clearance and
can quickly establish the clearance for you.
•
Remember that ground clearance must be measured for overhead transmission and distribution
lines. Never attempt to measure ground clearance on your own.
•
Make sure the ground clearance is checked and indicated with a highly visible marker before
you cross under the line with a vehicle.
Crossing Under Lines
When your truck or mobile equipment will cross under a power line:
•
Cross under the line within 10-1 5 m (33-50 ft.) of the structure supporting the line so your
vehicle will have maximum clearance beneath overhead wires. If this is not possible, contact
the electric utility.
•
Cross only at designated spots.
•
Don't travel directly under the wires when moving parallel to them.
70
Maintain at least 3.0 m (1 Oft.) between overhead transmission lines and any extended part of
your vehicle.
•
Maintain at least 3.0 m (1 0 ft.) between the lowest overhead distribution or secondary lines and
any extended part of your vehicle.
•
If you are travelling under 120/240 volt service wires that run between a pole and a building,
make sure your vehicle does not touch the wires.
•
Be aware that the sags in overhead wires change and clearances may vary from time to time.
Don 't work closer than 3.0 m (10 ft.) from transmission and distribution lines.
71
Cutting Near Power Lines
Cutting near power lines can be hazardous. To reduce the chance of injury, observe the
following rules.
•
Do not cut any tree that is within 3.0 m (10ft.) of a transmission line or that when felled could
pass within 3.0 m (10 ft.) of a transmission line.
•
Do not cut any tree that is within 3.0 m (1 0 ft.) of a distribution line or that when felled could
pass within 3.0 m (1 0 ft.) of the distribution line, unless the tree is at least 0.6 m (2 ft.) shorter
than the height of the distribution line.
•
Do not cut any tree that may come into contact with a secondary or service line unless measures
are taken to control the descent of the tree. (Cutting trees closer than the above limits may only
be done by qualified personnel approved by the Nova Scotia Department of Labour.)
Notify the local electric utility whenever you are working in an area where trees are within the
above limits.
Contact with Lines
If, after you make your felling cut, you realize a tree is going lines to strike a power line:
Move quickly out of the work area.
Do not try to clear the tree or any cutting equipment, or return to the site to retrieve your saw if
the tree is touching the line-this could be fatal.
Advise the local electric utility of the contact immediately, whether the tree contacts the line on
the way to the ground, remains lodged on the line, or causes the wire to burn, break, and fall to
the ground. (if the tree contacts the line on the way to the ground, the utility will want to check
the wire for damage.) Post a guard about l5m (50ft.) from the butt of a lodged tree to warn
others of the danger.
Equipment Contact with Lines
If you are driving a truck or mobile equipment that touches an overhead power line and remains
in contact with it, stay where you are and warn others to stay away until the power has been
disconnected or the contact broken. If possible, drive the vehicle away from the line.
Try to leave the vehicle only if a fire breaks out or there is other danger. To leave an energized
vehicle:
72
Jump clear of the main frame, making sure you do not touch the tracks or tires of the vehicle, or
any part of the vehicle and the ground at the same time.
• Land with both feet close together and shuffle away from the vehicle until you are 15 m (50
ft.) from it.
Notify the electric utility of the contact.
Rescuing a co-worker
If a co-worker contacts an energized wire, tree, or vehicle and remains in contact with it, do not
attempt rescue. You could receive a serious or fatal electrical shock.
If the person is thrown out of contact with the energized source, you can move the victim to a
safe location and administer first aid.
73
Forest Sustainability Regulations
Sections 5 ,8
http://www.gov.ns.ca/just/regulations/regs/fosust.htm
DOES NOT INCLUDE 2/2004 UPDATE
Proposal submission requirement
5 (1) A registered buyer who acquires or intends to acquire in any calendar year primary forest
products from within Nova Scotia from industrial landowners or private landowners in an
amount equal to or greater than a volume of 5000 m3 solid shall submit a proposal to the
Minister for approval, on or before February 28 of that year.
(2) Despite subsection (1), if after February 28 in any year, a person becomes a registered buyer
who is required to file a proposal pursuant to subsection (1), the person shall file the proposal
within 30 days.
(3) A person who was a registered buyer and acquired primary forest products in the previous
calendar year in an amount set out in subsection (1) is deemed to intend to acquire primary
forest products in the current calendar year and shall submit a proposal in accordance with this
Section.
(4) A proposal required pursuant to subsection (1) shall be in Form C and shall include
(a) a calculation of the estimated required value; and
(b) a selection of options pursuant to subsection 4(2) for meeting the estimated required value.
Silviculture program
8 (1) Where a registered buyer selects the option of a silviculture program pursuant to
subsection 4(3), the silviculture program shall:
(a) be administered by one of the following, or a combination of the following:
the registered buyer, a registered bargaining agent under the Nova Scotia Primary Forest
Products Marketing Act who has a collective agreement pertaining to silviculture programs and
is administering the silviculture program on behalf of the registered buyer,
(iii) a third party administering the silviculture program on behalf of the registered buyer;
(b) be based on the silviculture categories described and set out in Schedule 1;
(c) have silviculture credit values that are based on the value of individual silviculture credits
established by the Minister pertaining to the year for which the report was submitted;
(d) be carried out so that the silviculture completed adheres to the technical standards set out in
Schedule 1;
(e) be carried out so that no one site can be submitted for more than one silviculture category
except as noted in Schedule 1; and
(f) only include silviculture undertaken subsequent to January 1, 1998.
74
(2) The Minister shall allow a credit equivalent to 10% of the amount of the value of the
completed silviculture program, as calculated in Form D, in consideration of the costs of
administering the silviculture program.
(3) The Minister may adjust the value of individual silviculture credits on an annual basis and
shall notify registered buyers of any adjustments on or before October 31 of the calendar year
immediately before the year in which the adjustment shall apply.
(4) A registered buyer shall complete the silviculture program during the calendar year in which
the primary forest products are acquired.
(5) The Minister shall report periodically on the silviculture completed in association with
approved plans.
75