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SNL2011 CHAPTER F-22.1
2013 c16 s25
AN ACT RESPECTING FORESTRY PROFESSIONS
(Assented to May 31, 2011)
1. This Act may be cited as the Foresters Act .
2. In this Act
"association" means the Association of Registered Professional Foresters of Newfoundland and
"by-laws" means the by-laws of the association made under section
"council" means the council of the association;
"court" means the Trial Division;
"forest land" means publicly owned or privately owned forest land;
"forester-in-training" means a person who is registered with the association as a forester-in-training;
"member" means a member of the association;
"minister" means the minister appointed under the Executive Council Act
to administer this Act;
(i) "professional forester" means a person who is registered with the association as a professional forester;
"professional practice of forestry" means the application of scientific principles to the management of forest ecosystems including,
planning, directing and monitoring sustainable forest management,
designing, specifying or approving methods for, or directing the undertaking of
(A) conservation and reclamation of forests and forest land,
(B) evaluation of forests and forest land,
(C) classification and inventory of forests and forest land,
(D) silvicultural prescriptions and treatments of forests and forest land, including timber harvesting,
(E) protection of forests and forest land,
(F) planning, locating and approving forest transportation systems including forest roads,
(G) teaching forestry subjects at university and technical levels, and
(H) research pertaining to the management of forests and forest land,
assessing the impact of planned activities on forests and forest land, and
providing advice, performing or directing works, services of undertakings whether or not in return for a fee or remuneration;
"register" means the register kept under section
"registrar" means the registrar appointed under section
The Association of Registered Professional Foresters of Newfoundland and
The objects of the association are
to establish and maintain high standards of professional ethics and excellence for members in the professional practice of forestry;
to assure the general public of the knowledge, skill, proficiency and competency of members in the professional practice of forestry;
to promote and improve the knowledge, skill, proficiency and competency of members in all matters relating to the professional practice of forestry; and
to foster the professional practice of forestry by members in a manner that is in the public interest of the people of the province.
The membership of the association consists of those persons who are admitted as members of the association under this Act, the regulations and the by-laws.
(1) In prescribing the fees payable under this Act, the council shall, so far as it is practicable, ensure that the amount of fees is sufficient to enable it to discharge the duties of the association under this Act.
(2) All money received by the association shall be applied by it to its duties under this Act.
(1) An annual meeting of the association shall be held at the time and place that is determined by the council in accordance with the by-laws.
A special meeting of the association for the transaction of the business that is specified in the resolution or demand shall be held
on resolution of the council; or
on the demand, in writing, of the number of members specified in the by-laws.
The procedure at an annual or special meeting shall be determined by the by-laws.
The registrar shall send a notice of an annual meeting or special meeting to each member at least 10 days before the meeting.
(1) The council shall manage and regulate the affairs and business of the association.
The council shall consist of
5 members elected from and by members of the association in accordance with the by-laws; and
the person appointed under section
(3) A quorum of the council is 4 members.
Members of council elected under paragraph (2)(a) are entitled to remuneration and reimbursement for expenses in the amounts prescribed in the by-laws.
Each member of council elected under paragraph (2)(a) holds office for the term prescribed in the by-laws.
(6) Where the term of an elected member of council expires and a successor has not been elected the member may continue to hold office until a successor is elected.
(1) The minister shall appoint one person who is not a professional forester as a member of council.
Where the minister appoints a person as a member of council, the term of office of that person shall not exceed 3 years.
The member of council appointed under this section holds office until that persons successor is appointed and is eligible for reappointment, but is not eligible to hold office for more than 3 consecutive terms.
The member of council appointed under this section may exercise rights and serve as a member of committees to the same extent as other members of council.
The member of council appointed under this section shall be a member of the discipline committee.
The association shall pay the expenses of a person appointed under this section in accordance with guidelines established by the Lieutenant-Governor in Council.
(1) An elected member of council may resign by giving written notice of his or her resignation to the council.
A member of council appointed under section
may resign by giving written notice of his or her resignation to the minister.
The resignation of a member of council is effective on the date stated on the written notice or, where no date is stated
in the case of a resignation of an elected member, on the date the written notice is received by the council; or
in the case of a resignation of a member of council appointed under section
, on the date the written notice is received by the minister.
(1) Where a vacancy occurs in the elected membership of the council, the remaining members of council may appoint another member to fill the vacancy until the earlier of
the expiry of the term of office of the person who ceased to be a member of council; and
the date on which a member is elected to fill the vacancy in accordance with this Act and the by-laws.
A vacancy in the membership of the council does not impair the power of the remaining members of council to act.
Where a member serving as an elected member of council is suspended from the association, the members powers and duties as an elected member of council are suspended for the same period.
Where a member serving as an elected member of council is expelled from the association, the member ceases to be an elected member of council on the day the member is expelled.
Officers and employees
(1) The officers of the association shall be
prescribed in the by-laws; and
appointed or elected in accordance with the by-laws.
The council shall appoint a registrar.
The council may engage employees that it considers necessary to carry out the duties and functions of the association.
The council shall determine the duties, responsibilities and remuneration of employees of the association in accordance with the by-laws.
(1) The council may establish committees that are provided for by the by-laws or that it considers necessary.
The council shall appoint persons to committees that are provided for by this Act or the by-laws or that it has established under subsection (1).
In accordance with the by-laws, the council may delegate on the terms or conditions that it may determine, some or all of its powers or duties to a committee provided for by this Act or the by-laws or established under subsection (1).
Notwithstanding subsection (3) the council shall not delegate the power to make by-laws.
In accordance with the by-laws, a committee may establish its own procedures.
(1) The council may make by-laws not inconsistent with this Act
prescribing the seal of the association;
prescribing the number and terms of office of elected members of council;
prescribing the officers of the association and governing the procedure for the appointment or election of those officers;
prescribing the address of the head office of the association;
prescribing the duties of members of council and of officers and employees of the association;
(f) respecting the design and use of seals;
governing the procedures for the election of members of council;
prescribing the organization, powers and procedures of the council and regulating the council in the performance of its duties;
respecting the holding and procedures of meetings of the council and annual and special meetings of the association;
prescribing the amount of registration and other fees payable to the association, the times of payment and penalties for late payment;
establishing committees that the council considers necessary and prescribing the manner of election or appointment of committee members;
respecting a code of ethics which shall include
(i) a definition of "professional misconduct" and "conduct unbecoming" for the purpose of sections 22 to 35,
(ii) provisions respecting conflict of interest, and
(iii) rules respecting methods of advertising;
(m) establishing categories of membership in the association and prescribing the rights and privileges of each category;
setting standards regarding the manner and method of practice of members;
setting requirements for maintenance of membership;
prescribing the number of members required to demand a special meeting of the association;
prescribing the form, content and maintenance of the register and the information to be provided by members for the purpose of the register;
setting standards for continuing education and the participation of members in continuing education;
respecting the reporting and publication of decisions and reports of the council and committees;
respecting the types and service of notices that may be served electronically;
prescribing the remuneration and reimbursement for expenses for members of council and for committee members; and
providing for another thing that is necessary for the effective administration of the association.
A by-law may be made, amended or repealed at a meeting of the council provided that 30 days notice, in writing, of the making, amendment or repeal of the by-law and of the meeting are given to members of the council.
(3) The council shall have its by-laws available for inspection by the public on reasonable notice and at reasonable hours.
The council, in accordance with this Act and the by-laws, shall register persons as members
in those categories of membership set out in section
in those categories of membership set out in the by-laws.
(1) In accordance with the by-laws, the council shall keep a register in which the name and address of every member shall be recorded.
The register shall be
kept at the head office of the association; and
open for inspection by all persons, without fee, during normal office hours of the association.
The following documents are admissible in evidence as proof, in the absence of evidence to the contrary, of their contents without proof of the registrars appointment or signature:
a certificate purporting to be signed by the registrar and stating that
a named person was or was not, on a specified day or during a specified period, a member according to the register, or
a named person was or was not, on a specified day or during a specified period, suspended according to the register; and
an extract from the register that is certified by the registrar.
(1) The council shall register as a professional forester a person who produces evidence establishing to the satisfaction of the council that the person
has paid the prescribed fees;
has complied with the by-laws and the regulations with respect to registration as a professional forester;
possesses the educational qualifications and the employment qualifications required by the by-laws and regulations for professional foresters, or
is registered as the equivalent of a professional forester in good standing under the legislation of another jurisdiction in Canada, or the legislation of a jurisdiction outside of Canada that is recognized by the council; and
has successfully completed the examination for a professional forester set by the association to demonstrate an understanding of forestry legislation, regulations and professional practice as it relates to the practice of forestry in the province.
The council shall register as a forester-in-training a person who produces evidence establishing to the satisfaction of the council that the person
has paid the prescribed fees;
has complied with the by-laws and the regulations with respect to registration as a forester-in-training;
possesses the educational qualifications required by the by-laws and the regulations for foresters-in-training; and
has successfully completed the examination for foresters-in-training set by the association.
The council may register as a restricted member a person who
does not fully meet the requirements of paragraphs (1)(c) and (d);
agrees to practise in accordance with the conditions or restrictions specified in the by-laws and regulations;
has paid the prescribed fees; and
has complied with the by-laws and regulations with respect to registration as a restricted member.
Notwithstanding paragraphs (1)(c) and (d), the council may, at any time before the expiration of one year after the coming into force of this subsection, admit to membership in the association as a professional forester a person who meets the educational and experience requirements that may be set out in the regulations for the purpose of this subsection.
(1) The council, in accordance with this Act and the by-laws, shall appoint an admissions committee.
The admissions committee shall consist of at least 3 members appointed by council.
The admissions committee shall set and conduct examinations of applicants for membership and shall file the results of the examinations with the registrar.
Delegation and review
(1) The council may delegate to the admissions committee the power to register persons as members.
Where a power is delegated under this section, the exercise of that power by the admissions committee is considered to be an exercise of the power by the council.
The council may impose the terms and conditions that it considers appropriate on a delegation of its powers.
A person who is aggrieved by a decision of the admissions committee made under a delegated power may apply to the council to review that decision.
On a review under subsection (4), the council shall hear the review and may
direct the admissions committee to exercise the power in a manner that the council considers appropriate; or
confirm the decision of the admissions committee.
On a review under subsection (4), the person aggrieved by the decision of the admissions committee has the right to appear in person before the council in support of the application.
The council shall inform the applicant, in writing, of its decision regarding the review.
(1) Every professional forester is entitled, in accordance with the by-laws, to sign and seal all final plans, reports and other documents relating to the practice of professional practice of forestry that are prepared, issued or approved by that person.
All seals must be acquired from the association and be designed in the manner set out in the by-laws.
A professional forester who resigns, is expelled or suspended shall return his or her seal to the association for the period of the suspension or expulsion.
Protection of title
(1) A person, other than a professional forester, shall not use
the title or abbreviation
"Registered Professional Forester", "R.P.F." or "RPF",
"Registered Forester", "R.F." or "RF", or
"Professional Forester", "P.For." or "PFor"; or
a word, title or designation, abbreviated or otherwise, to imply that the person is a professional forester.
A person, other than a forester-in-training, shall not use
the title or abbreviation "Forester-in-Training", "F.I.T." or "FIT"; or
a word, title or designation, abbreviated or otherwise, to imply that the person is a forester-in-training.
Interpretation re discipline provisions
In this section and sections
(a) "allegation" means a written document alleging that a person presently or formerly registered as a professional forester has engaged in conduct deserving of sanction;
(b) "complainant" means a person making an allegation described in section 23 ;
(c) "conduct deserving of sanction" includes
(i) professional misconduct,
(ii) professional incompetence,
(iii) conduct unbecoming a professional forester,
(iv) incapacity or unfitness to practise as a professional forester, and
(v) acting in breach of this Act, the regulations or the code of ethics made under section 14 ;
(d) "member" includes a former member; and
(e) "respondent" means a current or former professional forester, forester-in-training and restricted member against whom an allegation is made.
23. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the professional conduct committee.
(2) The professional conduct committee or the council may on its own motion make an allegation and file it, and the allegation has the same effect as an allegation referred to in subsection (1).
(3) Where the registrar has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of professional foresters in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a professional forester or professional incompetence, the information shall be forwarded to the professional conduct committee and dealt with by the professional conduct committee as an allegation.
(4) For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.
Proceedings against former members
An allegation shall not be filed against a former member more than 2 years after the day he or she became a former member.
Professional conduct committee
(1) The council shall appoint at least 3 of its members, at least one of whom is a member appointed under section 9, to constitute the professional conduct committee.
(2) A member appointed under subsection (1) shall be appointed for a term of 3 years and is eligible to be reappointed.
(3) Notwithstanding the expiry of his or her term, a member of the professional conduct committee continues to be a member until he or she is re-appointed or his or her replacement is appointed.
A member of the discipline committee is not eligible to be a member of the professional conduct committee.
(1) Where an allegation is filed with the professional conduct committee, the committee shall
review the allegation; and
investigate the allegation by taking the steps it considers necessary, including summoning before it the respondent.
On completion of its investigation, the professional conduct committee shall make a written report to the discipline committee recommending
that the discipline committee hear and determine the formal complaint set out in the written report; or
that no further action be taken with respect to the matter under investigation.
The formal complaint set out in a written report made under paragraph (2)(a) may relate to the allegation or the investigation conducted under subsection (1).
A report signed by a majority of the professional conduct committee is the decision of that committee.
The professional conduct committee shall provide, or direct the registrar to provide, a copy of a written report made under subsection (2) to
the complainant, where there is one; and
(1) The council shall appoint at least 3 professional foresters who are not members of the council, one of whom shall be appointed to serve as chairperson, and the minister shall appoint one person who is not a professional forester to represent the public interest, who together shall constitute a discipline committee.
(2) A person appointed under subsection (1) shall be appointed for a term of 3 years and is eligible to be reappointed.
(3) Notwithstanding the expiry of his or her term, a member of the discipline committee continues to be a member until he or she is re-appointed or his or her replacement is appointed.
The discipline committee may make rules regulating its business and proceedings.
(1) Where a report of the professional conduct committee recommends that the discipline committee hear and determine a formal complaint, the registrar shall, at least 14 days before the date the discipline committee is to sit
send a copy of the formal complaint to the respondent; and
serve notice on the respondent of the date, time and place of the hearing.
(2) The parties to the hearing are the professional conduct committee and the respondent and a party may be represented by his or her counsel.
The discipline committee shall hear the formal complaint and shall determine whether or not the member is guilty of conduct deserving of sanction, notwithstanding that the determination of a question of fact may be involved, and the discipline committee need not refer a question to a court for adjudication.
The discipline committee may accept the evidence that it considers appropriate and is not bound by rules of law concerning evidence.
The discipline committee may employ, at the expense of the association, the legal or other assistance that it considers necessary, and the respondent, at his or her own expense, may be represented by counsel.
The testimony of witnesses shall be under oath or affirmation administered by the chairperson of the discipline committee.
At a hearing by the discipline committee, there shall be full right
to examine, cross-examine and re-examine all witnesses; and
to present evidence in defense and reply.
Where the respondent fails to attend the hearing, the discipline committee may, on proof of service of the notice mentioned in subsection (1), proceed with the hearing in his or her absence.
Where, during the course of a hearing, the evidence shows that the respondent may be guilty of other conduct deserving of sanction different from or in addition to the conduct deserving of sanction specified in the formal complaint, the discipline committee shall notify the member of that fact.
Where the discipline committee proposes to amend, add to or substitute the specified conduct deserving of sanction in the formal complaint, the discipline committee shall adjourn the hearing for a period that the discipline committee considers sufficient to give the respondent an opportunity to prepare a defence to the amended formal complaint, unless the respondent consents to continue the hearing.
shall be advised orally or in writing by the registrar of the date, time and place of the hearing; and
is entitled to attend the hearing.
The discipline committee shall conduct all hearings in public.
Notwithstanding subsections (11) and (12) the discipline committee may exclude members of the public and the complainant from a part of the hearing when the committee is of the opinion that evidence brought in the presence of the person or persons to be excluded will unduly violate the privacy of a person other than the respondent.
(1) Where the respondent pleads guilty or the discipline committee finds the respondent guilty of conduct deserving of sanction it may make one or more of the following orders:
an order that the respondent be expelled from the association and that the respondents name be struck from the register;
an order that the respondent be suspended for a specified period;
an order that the respondent be suspended pending the satisfaction and completion of any conditions specified in the order;
an order that the respondent may continue to practise, but only under conditions specified in the order, which may include an order that the respondent
not do specified types of work,
successfully complete specified classes or courses of instruction, and
obtain all or any medical treatment, other treatment or counselling;
an order reprimanding the respondent; and
another order that the discipline committee considers just.
In addition to an order made under subsection (1), the discipline committee may order
that the respondent pay to the association, within a fixed period
a fine in a specified amount not exceeding $5,000, and
the costs of the investigation and hearing into the respondents conduct and related costs, including the expenses of the professional conduct committee and the discipline committee and the costs of legal services and witnesses; and
where the respondent fails to make payment in accordance with an order under paragraph (a), that the respondent be suspended.
The registrar shall send a copy of an order made under this section to the respondent and to the complainant.
Where the respondent is expelled or suspended from the association, the registrar shall strike the respondent's name from the register or indicate the suspension on the register.
The discipline committee may inform the respondents employer of the order made against the respondent where the respondent has been found guilty of conduct deserving of sanction.
Duty to report
Where the professional conduct committee in its investigation under section
or the discipline committee at the conclusion of its hearing under section
believes that the respondent may be guilty of a criminal offence, the committee may immediately discontinue its investigation or hearing and shall make a report of its findings to the head of the association.
A judge of the court, on the application of the council, may direct that the respondent be suspended pending the disposition of a criminal charge where
a criminal charge is laid against the member; and
the member has applied to the court for a stay of a disciplinary proceeding against the member.
Appeal to court
The professional conduct committee or the respondent may, within 30 days after receiving notice of the decision or order of a discipline committee under this Act, appeal the decision or order to the Trial Division by filing a notice of appeal with the court.
Effect of appeal
The commencement of an appeal under section
not stay the effect of the decision or order appealed from, but, on 5 days notice to the registrar, the appellant may apply to the court for a stay of the decision or order pending the disposition of the appeal.
Effect of expulsion or suspension
When a member is expelled or suspended from the association, that members rights and privileges as a member are removed for the period during which he or she is expelled or suspended from the association.
(1) A person who has been expelled as a member may apply to the council for reinstatement.
On receipt of an application under subsection (1), the council shall
review the application; and
investigate the application by taking the steps it considers necessary.
On completion of its investigation, the council may
where it is satisfied that the persons subsequent conduct and other facts warrant reinstatement, order that the person be reinstated as a member on the terms and conditions that the council considers appropriate; or
refuse to reinstate the person.
Where, on an application under subsection (1), the council refuses to reinstate the person as a member, the person, within 30 days after the date of the order, may appeal the order of the council to a judge of the court, and the judge may allow or disallow the appeal.
On an appeal under subsection (4), the judge shall consider
the proceedings before the council on the application for reinstatement;
the past record of the appellant as shown by the books and records of the association; and
the evidence taken before the council and a committee that dealt with the expulsion and application for reinstatement and the report of that committee.
A person whose application for reinstatement is refused or whose appeal of a refusal is dismissed may make another application for reinstatement, based on new information, at any time.
An action does not lie or shall not be instituted against
the council or a member of council;
the admissions committee;
the professional conduct committee;
the discipline committee;
a member of a committee; or
an officer, employee or agent of the association
for a loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by either of them under or in the exercise or supposed exercise of a power conferred by this Act, the regulation or the by-laws in the carrying out or supposed carrying out of a decision or order made under this Act, the regulations, or the by-laws or a duty imposed by this Act, the regulations or the by-laws.
Offence and penalty
(1) A person who contravenes this Act, other than section 21, or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.
(2) A person who contravenes section 21 is guilty of an offence and liable on summary conviction
for a first offence, to a fine of not more than $5,000;
for a second offence, to a fine of not more than $10,000; and
for each subsequent offence, to a fine of not more than $15,000, to imprisonment for a term of not more than 6 months or to both.
Limitation of prosecution
A prosecution for a contravention of this Act or regulations shall not be commenced after the expiration of 2 years from the date of the alleged offence.
Report of termination of employment
(1) An employer who terminates for cause the employment of a member shall report the termination to the association where the employer reasonably believes the cause is professional incompetence or professional misconduct.
(2) This section binds the Crown.
(1) Before February 1 in each year, the association shall publish in the Gazette
a list, certified by the registrar to be a true list, showing
the names of all members as at December 31 in the preceding year; and
the respective dates of admission of the members mentioned in paragraph (a).
(2) The list in subsection (1) is not subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act .
The association shall file an annual report with the minister in the form, with the contents and in the time determined by the minister.
A member shall comply with this Act, the regulations and the by-laws.
Service of notices, etc.
(1) Unless otherwise provided for in this Act, the regulations or the by-laws, a notice or other document that is required to be served under this Act may be served by
personal service made
in the case of an individual, on that individual,
in the case of a partnership, on any partner, or
in the case of a corporation, on any officer or director; or
registered mail addressed to the last business or residential address of the person to be served that is known to the registrar.
A notice or document sent by registered mail is considered to have been served on the seventh day following the date of its mailing, unless the person to whom it was mailed establishes that, through no fault of that person, the person did not receive the notice or document or received it at a later date.
Where it is impractical to effect service of a document in the manner provided for in subsection (1), the court may, on an application that may be made without notice, make an order for substituted service.
A document served in accordance with the terms of an order mentioned in subsection (3) is considered to have been properly served.
The council may, with the approval of the minister, make regulations
prescribing the qualifications, standards and tests of competency for the registration of persons or a category of persons as members;
prescribing the procedures governing registration of persons or a category of persons as members;
(c) setting standards of professional conduct, competency and proficiency of members;
(d) prescribing the terms and conditions of membership;
prescribing procedures for
the review, investigation and disposition by the professional conduct committee of complaints alleging that a member is guilty of professional misconduct or professional incompetence,
hearings by the discipline committee of complaints alleging that a member is guilty of professional misconduct or professional incompetence, and
reviews under subsection
prescribing the circumstances under which members are required to attend re-entry education programs and courses and approving programs and courses for that purpose;
governing the approval of education programs for the purpose of registration under this Act and prescribing terms and conditions for initial or continued approval of those programs;
governing the reinstatement of a member who has been expelled;
prescribing the minimum amount of liability protection that members are required to obtain;
(j) defining a word used but not defined in the Act; and
generally, to give effect to the purpose of this Act.
This Act comes into force on May 31, 2012.
2011 cF-22.1 s45