Law:Timber Marking Act

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R.s.c., 1985, c. T-11

An Act respecting the marking of timber


Contents

Short Title

Short title

1. This Act may be cited as the Timber Marking Act.

R.S., c. T-8, s. 1.


Interpretation

Definition of "Minister"

2. In this Act, “Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act.

R.S., c. T-8, s. 2.


Registration Of Timber Marks

Registered marks required

3. Every person engaged in the business of lumbering or getting out timber, and floating or rafting timber on the inland waters of Canada within the Provinces of Ontario, Quebec and New Brunswick, shall, within one month after he engages therein, select a mark or marks and cause such mark or marks to be registered in the manner provided in this Act.

R.S., c. T-8, s. 3.

Registering marks

4. (1) The Minister shall keep a book to be called the Timber Mark Register, in which any person engaged in the business of lumbering or getting out timber may have his timber mark registered on depositing with the Minister a drawing or an impression and description in duplicate of the timber mark, together with a declaration that the timber mark is not and was not in use, to his knowledge, by any person other than himself at the time of his adoption thereof.

On certain conditions

(2) The Minister, on receipt of the fee set out in section 11, shall cause the timber mark to be examined, to ascertain whether it resembles any other mark already registered and, if he finds that the mark is not identical with or does not so closely resemble any other timber mark already registered as to be confounded therewith, he shall register the timber mark and return to the proprietor thereof one copy of the drawing and description of the mark, together with a certificate signed by the Minister or the Commissioner of Patents to the effect that the mark has been duly registered in accordance with this Act.

Certificates as evidence

(3) The certificate referred to in subsection (2) shall further set out the day, month and year of the entry thereof, in the proper register, and every certificate shall be admitted in all courts in Canada as evidence of the facts therein alleged, without proof of the signature.

R.S., c. T-8, s. 4.

Exclusive right

5. Any person who registers a timber mark has the exclusive right to use the mark to designate the timber got out by him and floated or rafted, and he shall put the mark in a conspicuous place on each log or piece of timber so floated or rafted.

R.S., c. T-8, s. 5.

Marks may be cancelled

6. Any person who has registered a timber mark may petition for its cancellation, and the Minister may, on receiving that petition, cause the mark to be cancelled, and the mark shall, after the cancellation, be considered as if it had never been registered under the name of that person.

R.S., c. T-8, s. 6.

Registered marks assignable

7. Every registered timber mark is assignable in law, and, on the production of the assignment and the payment of the fee set out in section 11, the Minister shall cause the name of the assignee, with the date of the assignment and such other details as he sees fit, to be entered on the margin of the Timber Mark Register on the folio where that mark is registered.

R.S., c. T-8, s. 7.

Different marks to be used

8. If any person makes application to register as his own any timber mark that is already registered, the Minister shall give notice of the fact to that person, who may then select some other mark and forward it for registration.

R.S., c. T-8, s. 8.

Prohibition

9. No person, other than the person who has registered a timber mark, shall mark any timber of any description with any mark registered under this Act or with any part of that mark.

R.S., c. T-8, s. 9.

Rectifying entries

10. (1) The Federal Court may, on the information of the Attorney General, or at the suit of any person aggrieved by any omission, without sufficient cause, to make any entry in the Timber Mark Register, or by any entry made or remaining without sufficient cause in that Register, make such order for making, expunging or varying any entry in that Register as the Court thinks fit, or the Court may refuse the application.

Costs

(2) The Federal Court may, in any proceeding under subsection (1), make such order with respect to cost as the Court thinks fit.

Questions decided

(3) The Federal Court may, in any proceeding under this section, decide any question that it may be necessary or expedient to decide for the rectification of the Timber Mark Register.

R.S., c. T-8, s. 10; R.S., c. 10(2nd Supp.), s. 64.


General

Table of fees

11. (1) The following fees are payable:

(a) on every application to register a timber mark, including the certificate of registration, $2.00;

(b) for each certificate of registration not already provided for, $0.50;

(c) for each copy of any drawing, the reasonable expenses of preparing the drawing; and

(d) for recording any assignment, $1.00.

Fees form part of C.R.F.

(2) The fees set out in subsection (1) shall be paid by the Minister to the Receiver General, and shall form part of the Consolidated Revenue Fund.

R.S., c. T-8, s. 11.

Rules and forms

12. The Minister may, subject to the approval of the Governor in Council, make rules and regulations and adopt forms for the purposes of this Act.

R.S., c. T-8, s. 12.

Penalty for non-compliance

13. Every person engaged in the business of lumbering or getting out timber, and floating or rafting timber on the inland waters of Canada within the Provinces of Ontario, Quebec and New Brunswick, who fails, within one month after he engages therein, to select a mark or marks and cause such mark or marks to be registered in the manner provided in this Act, or to put the mark in a conspicuous place on each log or piece of timber so floated or rafted, shall incur a penalty of fifty dollars.

R.S., c. T-8, s. 13.

Marking timber with other’s mark

14. (1) Every person, other than the person who has registered a timber mark, who marks any timber of any description with any mark registered under this Act, or with any part of such mark, is guilty of an offence and liable on summary conviction before two justices of the peace, for each offence, to a fine of not more than one hundred dollars and not less than twenty dollars, which fine shall be paid to the proprietor of the mark, together with the costs incurred in enforcing and recovering the fine.

Who may complain

(2) Every complaint of a contravention under subsection (1) shall be made by the proprietor of the timber mark or by someone duly authorized to act on his behalf.

R.S., c. T-8, s. 14.


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