Professional Foresters Act, 2000, S.O. 2000, c. 18 - Bill 110

• Jurisdiction: Ontario
• Bill Number: 110
• Date: 16 October 2000

EXPLANATORY NOTE

The Bill continues the Ontario Professional Foresters Association as a professional body that regulates and governs the profession of professional forestry.

Part I of the Bill sets out the definitions and describes the scope of the practice of the profession of professional forestry.

Part II of the Bill contains general provisions relating to the objects, organization and administration of the Association and its board of directors, the Council. The Part includes provisions respecting the relationship between the Association and the Minister of Natural Resources and an explanation of who is a member of the Association and what it means to be a member (sections 12 and 14).

Part III of the Bill sets out the powers and duties of the Registrar and the Registration Committee in relation to the registration of members of the Association. The Part also provides for the keeping of a register (section 23) and for suspension by the Registrar for failure to pay fees or to provide information required by the by-laws (section 24).

Part IV of the Bill sets out the powers and duties of the complaints committee in dealing with complaints of professional misconduct, unskilled practice or incapacity made against a member.

Part V of the Bill sets out the powers and duties of the discipline committee and the process which the discipline committee must follow in disciplining members of the Association against whom an allegation of professional misconduct, unskilled practice or incapacity is made. The Part also provides a process for reinstating members whose membership in the association is suspended or revoked as a result of disciplinary proceedings (sections 45 and 46).

Part VI of the Bill permits appeals to court from decisions of the Registration Committee and the Discipline Committee.

Part VII of the Bill permits the Registrar, in specified circumstances, to appoint an investigator to inquire into the conduct or actions of a member of the Association.

Part VIII of the Bill gives the Association the power to make regulations and by-laws with respect to specified matters (sections 52 and 53). Regulations made by Council are subject to the approval of the Lieutenant Governor in Council.

Part IX of the Bill contains miscellaneous provisions.

Part X of the Bill contains consequential amendments to The Crown Forest Sustainability Act, 1994 and certain transitional provisions. The Part repeals the Ontario Professional Foresters Association Act, 1957.

Part XI of the Bill contains the commencement and short title provisions.

chapter 18

An Act respecting
the regulation of the practice
of Professional Forestry

Assented to October 16, 2000

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I
GENERAL

Definitions

1. In this Act,

“Association” means the Ontario Professional Foresters Association; (“Association”)

“by-laws” means the by-laws made under this Act; (“règlements administratifs”)

“Council” means the Council of the Association; (“conseil”)

“member” means a member of the Association; (“membre”)

“Minister” means the Minister of Natural Resources; (“ministre”)

“Registrar” means the Registrar of the Association; (“registrateur”)

“Regulations” mean the regulations made under this Act. (“règlements”)

Administration of Act

2. The Minister is responsible for the administration of this Act.

Scope of practice

3. (1) The practice of professional forestry is the provision of services in relation to the development, management, conservation and sustainability of forests and urban forests where those services require knowledge, training and experience equivalent to that required to become a member under this Act and includes,

(a) the designing, specifying or approving of silvicultural prescriptions and treatments, including timber harvesting;

(b) the appraisal, evaluation and certification of forests and urban forests;

(c) the auditing of forest management practices;

(d) the assessment of impacts from planned activities on forests and urban forests;

(e) the classification, inventory and mapping of forests and urban forests; and

(f) the planning and locating of forest transportation systems, including forest roads.

Exclusions

(2) The practice of professional forestry does not include acts performed in relation to the management or manipulation of forests if they are performed,

(a) personally by individuals on land which they own;

(b) by a person acting within the scope of practice of a profession, trade or occupation that is listed in the regulations;

(c) by persons responding to an emergency situation such as a forest fire;

(d) by persons acting under the supervision of a member;

(e) by students enrolled in a forestry education program and under the supervision of the course instructor in the program;

(f) by a member of the armed forces while on duty; or

(g) by a person engaged in scientific research.

Definition

(3) In this section,

“urban forest” means tree-dominated vegetation and related features found within an urban area and includes woodlots, plantations, shade trees, fields in various stages of succession, wetland and riparian areas.

PART II
ONTARIO PROFESSIONAL
FORESTERS ASSOCIATION

Association continued

4. (1) The Association is continued under the name Ontario Professional Foresters Association in English and Association des forestiers professionels de l’Ontario in French.

Body corporate

(2) The Association is a body corporate without share capital.

Non-application

(3) The Corporations Act and the Corporations Information Act do not apply to the Association, except as specifically made applicable by the regulations.

Objects

5. (1) The principal object of the Association is to regulate the practice of professional forestry and to govern its members in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected.

Same

(2) For the purpose of carrying out its principal object, the Association has the following additional objects:

1. To promote and increase the knowledge, skill and proficiency of its members in all things relating to forestry.

2. To establish, maintain and develop standards of knowledge and skill for members.

3. To establish, maintain, develop and enforce standards of qualification and standards of practice for the practice of professional forestry.

4. To issue, renew, amend, suspend, cancel, revoke and reinstate certificates of qualification and registration.

5. To establish, maintain, develop and enforce standards of professional ethics for members.

6. To receive and investigate complaints and allegations against members and to deal with issues regarding discipline, incapacity and unskilled practice.

7. To promote public awareness of the role of the Association and to communicate with the public on behalf of its members.

8. To provide vocational guidance to persons wishing to enter the forestry profession.

9. To perform any other duties and exercise any other powers as are imposed or conferred upon the Association under any Act.

10. To perform such additional functions relating to the practice of professional forestry that the Council considers desirable and that do not conflict with the intent or purpose of this Act, the regulations, or the by-laws.

Powers

(3) For the purpose of carrying out its objects, the Association has the capacity and the powers of a natural person.

Council

6. (1) The Council of the Association is the board of directors of the Association and shall manage and administer its affairs.

Composition

(2) The Council shall be composed of,

(a) at least nine and no more than 15 persons who are members of the Association and are elected by the members of the Association in accordance with the by-laws; and

(b) at least four and no more than seven persons who are not members of the Association and who are appointed by the Lieutenant Governor in Council, and whose numbers on the Council shall represent at least one-third of the total number of Council members.

Term of office

7. (1) The term of office of a Council member shall be,

(a) in the case of a member elected under clause 6 (2) (a), the term provided in the by-laws; and

(b) in the case of a member appointed under clause 6 (2) (b), a term not exceeding three years.

Same

(2) Subject to subsection (3), no person appointed under clause 6 (2) (b) may serve more than two consecutive terms.

Same

(3) A person appointed under clause 6 (2) (b) continues to hold office after the expiry of his or her term of office until he or she is re-appointed or his or her successor is appointed.

Remuneration and expenses

8. The persons appointed under clause 6 (2) (b) shall be paid, by the Minister, such expenses and remuneration as are determined by the Lieutenant Governor in Council.

Vacancies

9. If one or more vacancies occur in the membership of the Council, the members remaining in office constitute the Council.

Registrar

10. The Council shall appoint a Registrar, and the Executive Committee may appoint such other persons as are from time to time necessary or desirable, in the opinion of the Executive Committee, to perform the work of the Association.

Annual report to Minister

11. The Council shall submit annually to the Minister in a form satisfactory to the Minister a report on those matters of the business and affairs of the Association that the Minister requires.

Powers of Minister

12. (1) In addition to the Minister’s other powers and duties under this Act, the Minister may,

(a) review the activities of the Council and require the Council to provide reports and information;

(b) request the Council to undertake activities that, in the opinion of the Minister, are necessary and advisable to carry out the intent of this Act;

(c) advise...