Timber Marking Act (R.S.C., 1985, c. T-11)

Act current to 2014-10-15

Timber Marking Act

R.S.C., 1985, c. T-11

An Act respecting the marking of timber

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Timber Marking Act.

  • R.S., c. T-8, s. 1.

INTERPRETATION

Definition of “Minister”

 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

Marginal note:Registered marks required

 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.
Marginal note:Registering marks
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Exclusive right

 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.