M-12.1, r. 1 - Regulation respecting culler’s licences

Updated to 1 January 2024

This document has official status.

chapter M-12.1, r. 1

Regulation respecting culler’s licences

Cullers Act

(chapter M-12.1, s. 30).

The fees prescribed in the Regulation have been indexed as of 1 January 2024 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 30 December 2023, page 905. (ss. 5, 7, 8, 9)

1. A person who wishes to obtain a culler’s licence must satisfy the following conditions:

(1)  he must hold Canadian citizenship or have the status of a permanent resident in Canada;

(2)  he must have a knowledge of French appropriate to performing the duties of a culler.

O.C. 1588-85, s. 1.

2. That person must also hold one of the following titles or forms of occupational certification:

(1)  a Secondary School Vocational Diploma in forest management or lumber grading;

(2)  a Diploma, a Certificate or an Attestation of College Studies in the field of forest technologies;

(3)  an Attestation of Studies issued by Université Laval upon completion of the first 3 sessions comprising the compulsory courses in the programs in forest resource management or forest management and environnement, forest operations, wood sciences and technology or wood sciences;

(4)  a diploma, a certificate or an attestation of studies equivalent to any of those mentioned in subparagraph 1, 2 or 3 awarded by an educational institution located outside Québec;

(5)  a licence or other form of occupational certification issued in Canada to cullers or scalers.

A person who holds a vocational training diploma in lumber grading referred to in subparagraph 1 of the first paragraph and a person who holds a diploma, certificate or attestation of studies referred to in subparagraph 4 of the first paragraph must also complete his training by taking a course on the scaling methods for timber harvested in forests in the domain of the State given in an educational institution located in Québec.

A person who holds a licence or other form of occupational certification referred to in subparagraph 5 of the first paragraph must show the Minister that he has sufficient knowledge of the scaling methods used in Québec.

O.C. 1588-85, s. 2; O.C. 792-92, s. 1; O.C. 422-2000, s. 1; O.C. 851-2022, s. 1.

3. A person who wishes to obtain a culler’s licence must apply therefor in writing to the Minister, using the form made available for that purpose by the Minister not later than 5 years following the date on which that person passed the Minister’s examinations in order to obtain the licence.

O.C. 1588-85, s. 3; O.C. 422-2000, s. 2.

4. The following documents and the duties prescribed in section 5 must be enclosed with an application for a licence:

(1)  a copy of the applicant’s act of birth or birth certificate, if he was born in Canada;

(2)  a copy of the applicant’s certificate of Canadian citizenship or landing record attesting to his status as a permanent resident, if he was born outside Canada;

(3)  a copy of the diploma, certificate or attestation of studies, required in the first paragraph of section 2, or a certificate attesting that the applicant has obtained that diploma, certificate or attestation of studies from the educational institution that has awarded it;

(4)  where the applicant holds a diploma, certificate or attestation of studies referred to in subparagraph 4 of the first paragraph of section 2, a document issued by an educational institution located in Québec attesting that the applicant took the course required in the second paragraph of that section;

(4.1)  where the applicant holds a licence or other form of occupational certification issued in Canada to cullers or scalers, a copy of that licence or certification;

(5)  a photograph of the applicant taken not more than 1 year prior to the application, measuring approximately 25 mm by 25 mm.

The application for a licence must be supported by an affidavit attesting that the facts and information provided in the application and in the documents enclosed with it are true.

O.C. 1588-85, s. 4; O.C. 422-2000, s. 2; O.C. 851-2022, s. 2.

5. The duties payable for the issue of a licence are $50.75 and include the duties for the issue of the identity card.

O.C. 1588-85, s. 5; O.C. 792-92, s. 2; O.C. 422-2000, s. 3; O.C. 851-2022, s. 3.

5.1. In the case of non‑payment of the duties provided for in the second paragraph of section 7, the culler’s licence ceases to have effect on the expiry date indicated on the holder’s identity card.

O.C. 851-2022, s. 4.

6. Cullers’ licences issued by the Minister to persons who meet the conditions set out in this Regulation and who are considered to be capable of performing culler’s duties shall be drawn up according to Schedule I.

O.C. 1588-85, s. 6; O.C. 422-2000, s. 4.

7. An identity card drawn up according to Schedule II shall be provided by the Minister to a licence holder at the time of issue of the licence.

A licence holder must obtain a new identity card before the expiry date on his identity card in force. To that end, the licence holder must submit a written application to the Minister using the form made available by the Minister. The application must enclose duties in the amount of $25.50 and a photograph of the licence holder taken no more than 1 year prior to the application, measuring approximately 25 mm by 25 mm.

The term of the identity card may not exceed 5 years.

O.C. 1588-85, s. 7; O.C. 422-2000, s. 4; O.C. 851-2022, s. 5.

8. The duties payable by a person who sits for the Minister’s examinations in order to obtain a culler’s licence are $37.75.

The duties payable by a person who sits for the Minister’s examinations that verify the competence of holders of culler’s licences are $37.75.

O.C. 1588-85, s. 8; O.C. 792-92, s. 3; O.C. 422-2000, s. 4.

9. A holder of a licence may obtain a duplicate of the licence or the identity card; the duties payable in such case are $32.

O.C. 1588-85, s. 9; O.C. 792-92, s. 4; O.C. 422-2000, s. 5.

9.1. (Revoked).

O.C. 792-92, s. 5; O.C. 422-2000, s. 6; O.C. 851-2022, s. 6.

10. (Omitted).

O.C. 1588-85, s. 10.

11. (Omitted).

O.C. 1588-85, s. 11.

SCHEDULE I

(s. 6)

 _________________________________________________________________________________
|                                                                                 |
|                                 CULLER’S LICENCE                                |
|                                                                                 |
|   The Minister of Natural Resources and Wildlife issues this licence to         |
|                                                                                 |
| This is to certify that the abovementioned person meets all the conditions set  |
| out in the Cullers Act (chapter M-12.1) and the regulations under the Act to |
| obtain this licence and that the person is considered to be capable of          |
| performing the duties of a culler in Québec.                                    |
|                                                                                 |
| Issued at                                                                       |
| On                                   Minister of Natural Resources and Wildlife |
|_________________________________________________________________________________|

O.C. 1588-85, Form I; O.C. 792-92, s. 6; O.C. 422-2000, s. 7.

SCHEDULE II

(s. 7)

IDENTITY CARD

O.C. 1588-85, Form II; O.C. 422-2000, s. 7; O.C. 851-2022, s. 7.

SCHEDULE III

(Replaced).

O.C. 1588-85, Form III; O.C. 792-92, s. 6; O.C. 422-2000, s. 7.

REFERENCES

O.C. 1588-85, 1985 G.O. 2, 3737

O.C. 792-92, 1992 G.O. 2, 2857

S.Q. 1997, c. 83, s. 55

O.C. 422-2000, 2000 G.O. 2, 1807

O.C. 851-2022, 2022 G.O. 2, 1507