Proposal to Repeal the Timber Marking Act and Rules - 2 of 3

Previous | Return to the consultation | Next

Industry Practices

In the days of river drives, timber was marked for identification of ownership and for the purpose of payment. Loggers would cut down the trees, and mark the logs before sending them down the river to the mill where they were sorted, scaled and measured for payment.

Industry practices have evolved since the days of log drives on rivers. Forestry associations and federal/provincial government officials confirm that the practice of floating timber from the forest to the mill on inland waterways was phased out in the early to mid 1990s. Floating was replaced by transport via truck and rail.

Aside from the obvious business advantages of transporting timber by truck or rail, this change in practice also reflects growing environmental concerns for the protection of water quality, wildlife habitat and navigability. For example, sections 35 and 36 of Canada's Fisheries Act prohibit the floating of timber because of negative effects on fish habitat, i.e. log bark sinks to the bottom of rivers, lakes and streams and interferes with the habitat where fish live and feed. Provincial laws also prohibit the deposit of substances in water that impair water quality, e.g. Subsection 30(1) of the Ontario Water Resources Act, Section IV, 20 of the Quebec Environment Quality Act, Subsection 12(1) of the New Brunswick (NB) Clean Water Act and Paragraph 5.3(1) of the NB Clean Environment Act. In particular, such laws prohibit the deposit of substances in water that endanger or damage wildlife, vegetation or property, or that interfere with the use and enjoyment of property or with the normal conduct of transport or business.

Given the disappearance of the practice of floating timber, the marking of timber that is done today is no longer done the same way or for the same purpose. Only certain logs on a truck or trainload are marked rather than every piece and the marks themselves usually consist of serial numbers that correspond to the number on permits obtained by companies to harvest the timber. Industry practices related to marking, permits and collection of stumpage fees are regulated by provincial laws.

An Obsolete IP Regime

The findings of CIPO's assessment appear to confirm that the Timber Marking Act and Rules is an outdated piece of legislation with no benefit to businesses in the forestry sector of Canada's economy. Consequently, CIPO proposes to repeal the Timber Marking Act and Rules. Eliminating this obsolete IP regime would be a step forward in modernizing the IP administrative framework and is consistent with the Federal Government's commitment to reviewing and streamlining regulatory requirements on business. Furthermore, given the environmental impact of floating timber, this repeal would be in line with the environmental objectives of the Provincial and Federal Governments.

In effect, the proposed repeal of the Timber Marking Act and Rules would cease the further registration of timber marks. It would also effectively cease any existing timber marking rights already granted under the Act.

Previous | Return to the consultation | Next