Professional Foresters Act, 2000 (Bill 110)
Chapter S.O. 2000, c.18
Professional Foresters Act, 2000 (Committee
Bill) SUMMARY
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1ST SESSION, 37TH LEGISLATURE, ONTARIO
49 ELIZABETH II, 2000
Professional Foresters Act, 2000
(An Act respecting the regulation of the practice
of Professional Forestry)
| Mr. Gilchrist |
Chair, Standing Committee on General
Government |
| Secondary Sponsors: |
Toby Barrett, Marie Bountrogianni,
Ted Chudleigh, Garfield Dunlop, Dave Levac,
Rosario Marchese, Julia Munro |
| Committee Bill |
1st Reading - June 22, 2000
2nd Reading - October 10, 2000
3rd Reading - October 10, 2000
Royal Assent - October 16, 2000 |
| Coming into Force: |
Proclamation |
| Printed by the Legislative Assembly
of Ontario |
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
pro-visions. The Part repeals the Ontario Professional Foresters
Association Act, 1957. Part XI of the Bill contains the commencement
and short title provisions
Professional Foresters Act, 2000 (Bill 110)
Chapter S.O. 2000, c.18
(An Act respecting the regulation of the
practice of Professional Forestry)
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,
- the designing, specifying or approving
of silvicultural prescriptions and treatments, including timber
harvesting;
- the appraisal, evaluation and certification
of forests and urban forests;
- the auditing of forest management practices;
- the assessment of impacts from planned
activities on forests and urban forests;
- the classification, inventory and mapping
of forests and urban forests; and
- 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,
- personally by individuals on land which
they own;
- by a person acting within the scope of
practice of a profession, trade or occupation that is listed
in the regulations;
- by persons responding to an emergency situation
such as a forest fire;
- by persons acting under the supervision
of a member;
- by students enrolled in a forestry education
program and under the supervision of the course instructor in
the program;
- by a member of the armed forces while on
duty; or
- 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:
- To promote and increase the knowledge,
skill and proficiency of its members in all things relating
to forestry.
- To establish, maintain and develop standards
of knowledge and skill for members.
- To establish, maintain, develop and enforce
standards of qualification and standards of practice for the
practice of professional forestry.
- To issue, renew, amend, suspend, cancel,
revoke and reinstate certificates of qualification and registration.
- To establish, maintain, develop and enforce
standards of professional ethics for members.
- To receive and investigate complaints and
allegations against members and to deal with issues regarding
discipline, incapacity and unskilled practice.
- To promote public awareness of the role
of the Association and to communicate with the public on behalf
of its members.
- To provide vocational guidance to persons
wishing to enter the forestry profession.
- To perform any other duties and exercise
any other powers as are imposed or conferred upon the Association
under any Act.
- 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,
- 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
- 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,
- in the case of a member elected under clause
6 (2) (a), the term provided in the by-laws; and
- 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,
- review the activities of the Council and
require the Council to provide reports and information;
- 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;
- advise the Council with respect to the
implementation of this Act, the regulations and the by-laws
and with respect to the methods used or proposed to be used
by the Council to implement policies and to enforce its regulations,
by-laws and procedures;
- request the Council to make, amend or revoke
a regulation.
Council to comply
(2) If the Minister requires the Council to
do anything under subsection (1), the Council shall, within the
time and in the manner specified by the Minister, comply with
the requirement and submit a report to the Minister respecting
the compliance.
Regulations
(3) If the Minister requests the Council to
make, amend or revoke a regulation under clause (1) (d) and the
Council does not do so within 60 days, the Lieutenant Governor
in Council may make a regulation to do the thing requested of
the Association under clause (1) (d).
Same
(4) For the purposes of subsection (3), the
Lieutenant Governor in Council may make a regulation with respect
to any matter that the Council may make a regulation under section
52.
Conflict
(5) If there is a conflict between a regulation
under section 52 and a regulation made under subsection (3), the
regulation made under subsection (3) prevails.
Copies of regulation
(6) The Council shall ensure that a copy of
each regulation made under subsection (3) is available for public
inspection in the office of the Association.
Same
(7) The Registrar shall provide to any person,
on payment of a reasonable charge, a copy of any regulation made
under subsection (3).
Expenses of Association
(8) The Minister may pay the Association for
expenses incurred in complying with a requirement or request made
under subsection (1).
Who may practise
13. No person shall engage in or hold himself,
herself or itself out as able to engage in the practice of professional
forestry unless the person holds a certificate of registration
issued by the Association.
Membership
14. (1) Every person who holds a certificate
of registration issued by the Association is a member, subject
to the conditions or limitations to which the certificate is subject.
Resignation
(2) A member may resign his or her membership
by filing with the Registrar a resignation in writing, together
with his or her professional seal and certificate of registration.
Same
(3) Upon filing a resignation, the certificate
of registration of the member is cancelled and the Registrar shall
strike the member's name from the register.
Cancellation for default of fees
(4) The Registrar may cancel a certificate
of registration for non-payment of any fee prescribed in the by-laws,
non-payment of any assessments or other amounts owing to the Association
or for failure to file a return required by the by-laws after
giving the member at least two months notice of the default and
intention to cancel.
Continuing jurisdiction
(5) A person whose certificate of registration
is cancelled, revoked or suspended or who resigns as a member
remains subject to the continuing jurisdiction of the Association
in respect of a complaint, investigation or disciplinary action
arising out of his or her conduct while a member.
Designation
(6) Every member of the Association shall
have the right to use the designation "Registered Professional
Forester" and may use the initials "R.P.F." indicating
that he or she is a registered professional forester unless the
by-laws provide otherwise.
Same, prohibition
(7) No person, other than a member, shall
use the designation "Registered Professional Forester"
or the initials "R.P.F.", or any name, title, abbreviation
or description in any language implying or which may lead to the
belief that the person is a registered member of the Association,
including the term "Professional Forester" or the initials
"P.For.".
Committees
15. (1) The following committees are hereby
established:
- Executive Committee.
- Registration Committee.
- Complaints Committee.
- Discipline Committee.
Appointment
(2) The Council shall appoint the members
of the committees referred to in subsection (1).
Chair
(3) The Council shall name one member of each
committee referred to in subsection (1) to chair the committee.
Other committees
(4) The Council may establish and appoint
any other committees as it considers necessary.
Vacancies
(5) Subject to subsection 30 (5), where one
or more vacancies occur in the membership of a committee, the
members remaining in office constitute the committee so long as
their number is not fewer than the quorum required in accordance
with the by-laws or this Act.
Executive Committee
16. (1) The Executive Committee shall be composed
of,
- the president, vice-president and immediate
past president of the Council;
- one member of Council elected to Council
by members of the Association; and
- one member of the Council appointed to
the Council by the Lieutenant Governor in Council.
Quorum
(2) Three members of the Executive Committee
constitute a quorum.
Function
(3) The Executive Committee shall perform
such functions of the Council as are delegated to it by the Council
or as are specified in this Act, the regulations or by-laws.
Exercise of Council’s powers
(4) Between meetings of the Council, the Executive
Committee may exercise any of the powers of the Council with respect
to any matters that, in the Committee’s opinion, require immediate
attention, other than the power to make, amend or revoke a regulation
or by-law or any standard adopted pursuant to a regulation or
by-law.
PART III REGISTRATION
Application for registration
17. (1) A person shall send an application
for a certificate of registration to the Registrar in accordance
with the by-laws.
Referral to Registration Committee
(2) The Registrar shall refer all applications
to the Registration Committee.
Composition of Registration Committee
18. (1) The Registration Committee shall be
composed of a minimum of five and a maximum of 10 persons of whom,
- at least one is a member of the Council
elected to the Council by the members of the Association;
- one is a member of the Council appointed
to the Council by the Lieutenant Governor in Council; and
- the remainder may be members of the Association
who are not members of the Council.
Quorum
(2) Three members of the Registration Committee
constitute a quorum.
Registration
19. (1) The Registration Committee shall instruct
the Registrar to issue a certificate to any person who submits
an application in accordance with the by-laws and who meets the
qualifications and requirements set out in the by-laws.
Grounds for refusal
(2) The Registration Committee shall instruct the Registrar not
to issue a certificate of registration where, in the opinion of
the Committee,
- the applicant does not meet the qualifications
and requirements for the issuance of the certificate set out
in the by-laws;
- the past conduct of the applicant affords
reasonable grounds for believing that the applicant will not
engage in the practice of professional forestry with honesty
and integrity or in accordance with the law; or
- the applicant previously held a certificate
that was revoked as a result of a decision of the Discipline
Committee.
Terms, etc., attached
(3) Where the Registration Committee is of
the opinion that a certificate of registration should be issued
to an applicant with terms, conditions or limitations imposed,
- the Committee may instruct the Registrar
to do so if the applicant consents to the imposition of the
terms, conditions or limitation; and
- if the applicant does not give his or her
consent, the Committee shall not instruct the Registrar to impose
terms, conditions or limitations on the certificate unless notice
is given to the applicant in accordance with subsection 20 (1).
Notice of proposal not to issue
20. (1) Where the Registration Committee proposes
to instruct the Registrar,
- not to issue a certificate of registration;
or
- to impose terms, conditions or limitations
to which the applicant has not consented on a certificate of
registration, the Registrar shall first serve notice of the
proposal, with written reasons for it, on the applicant.
Exception
(2) Subsection (1) does not apply where the
Committee instructs the Registrar not to issue a certificate under
clause 19 (2) (c).
Contents of notice
(3) A notice under subsection (1) shall state
that the applicant may request, in accordance with subsection
(4), that the Registration Committee reconsider its decision.
Request for reconsideration
(4) The request for a reconsideration must
be,
- in writing;
- served on the Registrar within 60 days
after the notice under subsection (1) is served on the applicant;
and
- accompanied by the fee prescribed by the
by-laws for the purpose.
Submissions
(5) The request for a reconsideration may
be accompanied by written submissions.
Power of Registrar where no reconsideration
(6) Where the applicant does not make a request
under subsection (4), the Registrar shall carry out the proposal
stated in the notice under subsection (1).
Same
(7) Where the Registrar imposes terms, conditions
or limitations on a certificate of registration under subsection
(6), the member may not apply under section 22 for the removal
or modification of the terms, conditions or limitations earlier
than one year from the date that the Registration Committee instructed
the Registrar to imposed the terms, conditions or limitations.
Exception
(8) Despite subsection (7), a member may make
an application under section 22 before the end of the one-year
period with the consent of the Registration Committee.
Reconsideration by Registration Committee
21. (1) Where the applicant makes a request
in accordance with subsection 20 (4), the Registration Committee
shall conduct a reconsideration of its decision.
Exception
(2) Despite subsection (1), the Registration
Committee may refuse to conduct a reconsideration of its decision
if, in its opinion, the request made under subsection 20 (4) is
frivolous, vexatious or an abuse of process.
Extension of time
(3) The Registration Committee may extend
the time for making a request under clause 20 (4) (b) where it
is satisfied that there are apparent grounds for granting relief
and that there are reasonable grounds for applying for the extension.
Interim directions
(4) Where the Registration Committee is considering
a request under subsection 20 (4), it may give any interim directions
to the Registrar it considers appropriate until an order is made
under subsection (8).
Same
(5) Interim directions that may be given to
the Registrar under subsection (4) include but are not limited
to directions to do one or more of the following:
- Remove specified terms, conditions or limitations
on a certificate of registration issued under subsection 20
(6).
- Impose specified terms, conditions or limitations
on a certificate of registration issued under subsection 20
(6).
- Suspend a certificate of registration issued
under subsection 20 (6).
Examination of documents, submissions
(6) The Registration Committee shall ensure
that the person who requests a reconsideration is given an opportunity
to examine and make written submissions on any documents that
the Committee intends to consider during the reconsideration of
its decision.
No hearing, etc.
(7) Before making a decision or giving an
interim direction under this section, the Registration Committee
need not hold a hearing and, except as provided by section 20
and this section, need not afford to any person an opportunity
to make oral or written submissions.
Orders
(8) After considering the request made under
subsection 20 (4), the submissions and any document that the Committee
considers relevant, the Registration Committee may make an order
doing one or more of the following:
- Directing the Registrar to issue a certificate
of registration.
- Directing the Registrar to issue a certificate
of registration if the applicant fulfills requirements specified
in the by-laws for the issuance of the certificate.
- Directing the Registrar to issue a certificate
of registration subject to specified terms, conditions or limitations.
- Directing the Registrar not to issue a
certificate of registration.
Same
(9) Where the Registration Committee makes
an order under paragraph 3 of subsection (8), the person who requested
the reconsideration may not apply under section 22 for the removal
or modification of the terms, conditions or limitations earlier
than one year from the date of the order.
Exception
(10) Despite subsection (9), the person referred
to in that subsection may make an application under section 22
before the end of the one-year period with the consent of the
Registration Committee.
Order to return fee
(11) The Registration Committee may order
that the fee paid under subsection 20 (4) be returned to the person
who requested a reconsideration of its decision where, in the
opinion of the Committee, to do so would be appropriate in all
the circumstances.
Service of decision on parties
(12) The Registration Committee shall give
its decision under this section in writing, with reasons, and
shall serve the person who requested the reconsideration with
a copy.
Application for variation
22. (1) Subject to subsections 20 (7) and
21 (9) and to subsection (7) of this section, a member may apply
to the Registration Committee for an order directing the Registrar
to remove or modify any term, condition or limitation imposed
by the Committee on his or her certificate of registration.
Same
(2) The application must be,
- in writing; and
- accompanied by the fee prescribed for the
purpose by the by-laws.
Submissions
(3) The application may be accompanied by
written submissions.
Examination of documents, submissions
(4) The Registration Committee shall ensure
that the applicant is given an opportunity to examine and make
written submissions on any documents that the Committee intends
to consider in making its decision on the application.
No hearing
(5) Before making a decision or giving a direction
under this section, the Registration Committee need not hold a
hearing and, except as provided by this section, need not afford
to any person an opportunity to make oral or written submissions.
Orders
(6) After considering the application, the
submissions and any document that the Committee considers relevant,
the Registration Committee may make an order doing one or more
of the following:
- Refusing the application.
- Directing the Registrar to remove any term,
condition or limitation imposed on the certificate of registration.
- Directing the Registrar to impose specified
terms, conditions or limitations on the certificate of registration.
Limitations on application
(7) The Registration Committee, in disposing
of an application under this section, may fix a period of not
longer than six months during which the applicant may not make
another application under subsection (1).
Order to return fee
(8) The Registration Committee may order that
the fee paid under subsection (2) be returned to the applicant
where, in the opinion of the Committee, to do so would be appropriate
in all the circumstances.
Service of decision on applicant
(9) The Registration Committee shall give
its decision under this section in writing, with reasons, and
shall serve the applicant with a copy.
Register
23. (1) The Registrar shall maintain a register
in which is entered,
- the name of every member and the class
of certificate of registration held by the member and any certificates
of additional qualifications that the member holds;
- any designation of a member as a specialist
and any withdrawal of recognition of the member's specialist
status;
any terms, conditions or limitations imposed on a certificate
of registration;
- a notation of any revocation, suspension
or cancellation of a certificate of registration;
- the fact and amount of a fine imposed by
the Discipline Committee and the fact of a reprimand of the
Discipline Committee, unless the Discipline Committee directs
that no entry be made;
- where an entry results from a decision
of a committee,
- the name of the committee that made the
decision and any finding of the committee resulting in the entry;
- the date of the decision or order that
results in an entry under this subsection; and
- any other information authorized or prescribed
to be entered by the by-laws.
Directory
(2) The Registrar shall maintain a directory
in which is entered the name, address, telephone number and employer
of each member of the Association.
Inspection
(3) Any person has the right, during normal
business hours, to inspect the register and directory maintained
by the Registrar unless the Registrar believes that it would jeopardize
the safety of any person.
Form of register and directory
(4) The Registrar may maintain the register
and directory mentioned in subsections (1) and (2) in a written
form or in any electronic or other medium that provides a visual
display of recorded information.
Copies
(5) The Registrar shall provide to any person,
on payment of a reasonable charge, a copy of any part of the register
or directory referred to in subsections (1) and (2), respectively.
Suspension for failure to pay fees
24. (1) The Registrar may suspend a member's
certificate of registration for,
- failure to pay a fee or penalty prescribed
by the by-laws; or
- failure to provide information required
by the by-laws.
Same
(2) The Registrar shall not suspend a certificate
of registration without first giving the member two-months notice
of the default and intention to suspend.
Reinstatement
(3) A person whose certificate of registration
was suspended by the Registrar under subsection (1) is entitled
to have the suspension removed on payment of the fees and penalties
prescribed by the by-laws or on provision of the information required
by the by-laws, as the case may be.
PART IV COMPLAINTS COMMITTEE
Composition of Complaints Committee
25. (1) The Complaints Committee shall be
composed of not fewer than three and not more than 10 persons,
of whom,
- at least one is a member of the Council
appointed to the Council by the Lieutenant Governor in Council;
- at least one, but not the majority of the
Committee members other than those appointed under clause (a),
are members of the Council elected to the Council by the members
of the Association; and
- the remainder are members of the Association
who are not members of the Council.
Quorum
(2) Three members of the Complaints Committee
constitute a quorum.
Duties of Complaints Committee
26. (1) The Complaints Committee shall consider
and investigate complaints regarding the conduct or actions of
a member made by,
- a member of the public;
- a member of the Association;
- the Registrar;
- the Minister.
Refusal to investigate and consider complaint
(2) Despite subsection (1), the Complaints
Committee shall refuse to consider and investigate a complaint
if, in its opinion,
- the complaint does not relate to professional
misconduct, unskilled practice or incapacity on the part of
a member; or
- the complaint is frivolous, vexatious or
an abuse of process.
Procedural requirements
(3) No action shall be taken by the Complaints
Committee under subsection (5) unless,
- a complaint in a format required by the
by-laws has been filed with the Registrar;
- the member whose conduct or actions are
being investigated has been notified of the complaint and given
at least 30 days in which to submit in writing to the Committee
any explanations or representations the member may wish to make
concerning the matter; and
- the Committee has examined or has made
a reasonable effort to examine the information and documents
that the Committee believes are relevant to the complaint.
Same
(4) Notice of a complaint under clause (3)
(b) shall include reasonable particulars about any allegations
contained in the complaint.
Direction
(5) The Complaints Committee in accordance
with the information it receives may,
- direct that the matter be referred, in
whole or in part, to the Discipline Committee;
- direct that the matter not be referred
under clause (a); or
- take such action as it considers appropriate
in the circumstances and that is not inconsistent with this
Act, the regulations or the by-laws.
Same
(6) The Complaints Committee shall give its
decision in writing to the Registrar for the purposes of subsection
(7) and, except where the decision is made under clause (5) (a),
its reasons for the decision.
Notice
(7) The Registrar shall provide the complainant
and the person complained against with a copy of the written decision
made by the Complaints Committee and its reasons for the decision,
if any.
No hearing
(8) Before making a decision or giving a direction
under this section, the Complaints Committee need not hold a hearing
and, except as provided by this section, it need not afford to
any person an opportunity to make oral or written submissions.
Timely disposal
(9) The Complaints Committee shall use its
best efforts to dispose of a complaint within 120 days of it being
filed with the Registrar, although failing to do so does not affect
the validity of the decision or direction of the Committee.
PART V DISCIPLINE COMMITTEE
Composition
27. (1) The Discipline Committee shall be composed
of six persons of whom,
- at least one is a member of the Council appointed
to the Council by the Lieutenant Governor in Council;
- at least one and no more than two are members
of the Council elected to the Council by the members of the Association;
and
- the remainder are members of the Association
who are not members of the Council.
Quorum
(2) Three members of the Discipline Committee
constitute a quorum.
Reference by Executive Committee
28. (1) The Executive Committee may direct
the Discipline Committee to hold a hearing and determine any allegation
of incapacity, professional misconduct or unskilled practice of
forestry on the part of a member.
Duties of Discipline Committee
(2) The Discipline Committee shall,
- when so directed by the Executive Committee
under subsection (1) or by the Complaints Committee under clause
26(5) (a), hear and determine allegations of incapacity, professional
misconduct or unskilled practice of forestry against a member;
- hear and determine matters referred to
it under subsection 45 (5); and
- perform such other duties as are assigned
to it by the Council.
Parties
29. The Association and the member whose conduct
is being investigated are parties to the proceedings before the
Discipline Committee.
Panels
30. (1) The Discipline Committee may sit in
two panels simultaneously so long as a quorum of the Committee
is present in each panel.
Assignment of panels
(2) The person chairing the Discipline Committee
shall assign the members of the Committee to its panels and may
change an assignment at any time.
Eligibility to sit on panel
(3) Members of the Discipline Committee holding
a hearing shall not have taken part before the hearing in any
investigation or consideration of the subject matter of the hearing,
other than as a member of the Executive Committee considering
the referral of the matter to the Discipline Committee or at a
previous hearing of the Committee.
Expiry of term of office during proceeding
(4) Where a proceeding is commenced before
the Discipline Committee and the term of office on the Council
or on the Committee of a person sitting for the hearing expires
or is terminated, other than for cause, before the proceeding
has been disposed of but after evidence has been heard, the person
shall be deemed, for the purposes of dealing with that matter,
to remain a member of the panel until the final disposition of
the matter.
Incapacity of member during proceeding
(5) Where the Discipline Committee commences
a hearing and any member of the Committee becomes unable to continue
to act, the remaining members may complete the hearing despite
the absence of the member and may render a decision as effectually
as if all members of the Committee were present throughout the
hearing, despite the absence of a quorum of the Committee.
Non-communication by panel members
31. (1) Members of the Discipline Committee
shall not communicate directly or indirectly in relation to the
subject-matter of the hearing with any person or with any party
or any party’s representative except upon notice to and opportunity
for all parties to participate.
Exception, legal advice
(2) Despite subsection (1), the Discipline
Committee may seek legal advice from, and communicate with, an
adviser independent from the parties and, if it does so, the nature
of the advice shall be made known to the parties in order that
they may make submissions as to the advice.
Hearings to be public
32. (1) A hearing of the Discipline Committee
shall, subject to subsection (2), be open to the public.
Exclusion of public
(2) The Discipline Committee may make an order
that the public be excluded from a hearing or any part of a hearing
if the Committee is satisfied that,
- matters involving public security may be
disclosed;
- financial or personal or other matters
may be disclosed at the hearing of such a nature that the desirability
of avoiding public disclosure of them in the interest of any
person affected or in the public interest outweighs the desirability
of adhering to the principle that hearings be open to the public;
or
- the safety of a person may be jeopardized.
Same
(3) The Discipline Committee may make an order
that the public be excluded from a hearing while it receives evidence
or submissions or deliberates whether to exclude the public from
all or part of a hearing under subsection (2).
Orders preventing public disclosure
(4) In any situation in which an order may
be made under subsection (2) or (3), the Discipline Committee
may make orders it considers necessary to prevent the public disclosure
of information disclosed at the hearing and may for such purpose
make an order banning the publication or broadcasting of that
information.
Findings of fact
33. The findings of fact of the Discipline
Committee pursuant to a hearing shall be based exclusively on
evidence admissible or matters that may be noticed under sections
15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act.
Examination of documentary evidence
34. (1) A party to a hearing before the Discipline
Committee shall be afforded an opportunity to examine before the
hearing any written or documentary evidence that will be produced
or any report the contents of which will be given in evidence
at the hearing.
Rules concerning disclosure
(2) The Discipline Committee may make rules
under section 25.1 of the Statutory Powers Procedure Act respecting
the disclosure of evidence.
Delivery of expert witness report
35. A party to a hearing before the Discipline
Committee who intends to call an expert witness at the hearing
shall, at least 10 days before the commencement of the hearing,
deliver to the other party a report, signed by the expert, setting
out his or her name, address and qualifications and the substance
of his or her proposed testimony.
Non-compliance with disclosure requirements
36. (1) If a party fails to comply with subsection
34 (1), section 35 or with any rule made under subsection 34 (2),
the Discipline Committee shall not admit the evidence in question
or allow the expert to testify at the hearing unless,
- the other parties to the hearing consent
to the evidence being admitted;
- the evidence is necessary in order to rebut
evidence previously presented at the hearing; or
- the Committee believes the evidence is
necessary in order to make a fair determination in the matter
before it.
Costs
(2) If a party fails to comply with subsection
34 (1), section 35 or with a rule made under subsection 34 (2),
the Committee may order that party to pay costs to the other party.
Recording of oral evidence
37. The oral evidence taken before the Discipline
Committee shall be recorded and, if a request is made, copies
of a transcript of the oral evidence shall be furnished upon the
same terms as in the Superior Court of Justice.
Release of documentary evidence
38. Documents and things put in evidence at
a hearing shall, upon the request of the person who produced them,
be released to the person within a reasonable time after the matter
in issue has been finally determined.
Control of procedure
39. (1) The Discipline Committee may determine
its own practice and procedure in relation to hearings and may
make rules under section 25.1 of the Statutory Powers Procedure
Act governing such practice and procedure and the exercise of
its powers in relation thereto that are not inconsistent with
this Act.
Forms
(2) The Discipline Committee may require the
use of such forms as it considers appropriate.
Vote on decisions
40. All disciplinary decisions of the Committee
require the vote of a majority of the members of the Committee
present at the meeting.
Only members at hearing participate in decision
41. No member of the Discipline Committee
shall participate in a decision of the Committee following upon
a hearing unless he or she was present throughout the hearing
and heard the evidence and argument of the parties.
Finding of professional misconduct
42. (1) The Discipline Committee shall find
a member guilty of professional misconduct if, in the opinion
of the Committee, the member is guilty of professional misconduct
as defined in the regulations.
Finding of unskilled practice
(2) A member shall be found guilty of unskilled
practice of forestry by the Discipline Committee if the member
has displayed in his or her professional conduct a lack of knowledge,
skill or judgment or a disregard for the forest of a nature or
to an extent that demonstrates that the member is unfit to engage
in the practice of professional forestry or that the member’s
practice should be restricted.
Finding of incapacity
(3) A member shall be found to be incapacitated
if the member is suffering from a physical or mental condition
or disorder that makes it desirable in the interest of the public
that the member no longer be permitted to practise or that the
member’s practice be restricted.
Powers of Discipline Committee
(4) Where the Discipline Committee finds a
member guilty of professional misconduct or unskilled practice
of forestry or finds a member to be incapacitated, it may make
an order doing one or more of the following:
- Directing the Registrar to revoke the member’s
certificate of registration.
- Directing the Registrar to withdraw recognition
of the specialist status of the member.
- Directing the Registrar to suspend the
member’s certificate of registration or suspend recognition
of the specialist status of the member, or both, for a stated
period.
- Directing the Registrar to impose specified
terms, conditions or limitations upon the member’s certificate
of registration indefinitely or for such period of time as is
specified by the Committee.
- Directing that the imposition of a penalty
be postponed for a specified period and not be imposed if specified
terms are met within that period.
- Imposing a fine in an amount that the Committee
considers appropriate, to a maximum of $10,000, to be paid by
the member to the Minister of Finance for payment into the Consolidated
Revenue Fund.
- Requiring that the member be reprimanded
by the Committee or its delegate and, if considered warranted,
direct that the fact of the reprimand be recorded on the register
for a specified or unlimited period.
- Directing that the finding and the order
of the Committee be published, in detail or in summary, with
or without the name of the member, in the official publication
of the Association, and in any other manner or medium that the
Committee considers appropriate.
- Fixing costs and expenses to be paid by
the member.
Same
(5) In making an order under paragraph 5 of
subsection (4), the Committee may specify the terms that it considers
appropriate, including but not limited to terms requiring the
successful completion by the member of specified courses of study.
Limitation on s. 45 application
(6) After the Committee has made an order
directing the Registrar to revoke or suspend a member’s certificate
of registration or to impose terms, conditions or limitations
on a certificate, the member shall not apply under section 45
earlier than one year from the date of the order unless the order
specifies otherwise.
Publication of decision on request
(7) The Discipline Committee shall cause a
determination by the Committee that an allegation of incapacity,
professional misconduct or unskilled practice of forestry was
unproved to be published in the official publication of the Association,
on the request of the member against whom the allegation was made.
Costs
(8) Where the Discipline Committee is of the
opinion that the commencement of the proceeding was unwarranted,
the Committee shall order that the Association reimburse the member
for his or her costs or such portion thereof as the Committee
fixes.
Entry in register
(9) Where the Discipline Committee imposes
a fine or reprimands a member, the Committee may direct that the
fact and amount of the fine or the fact of the reprimand not be
entered in a register required to be kept under subsection 23
(1).
Notice of decision
43. (1) Subject to subsection (2), the Discipline
Committee shall serve its decision, with reasons,
- on the parties; and
- where the matter was referred to the Discipline
Committee as a result of a complaint under subsection 26 (1),
on the complainant.
Same
(2) Where the hearing was closed, the Discipline
Committee may, in its discretion, serve its decision on the complainant
without reasons.
Stay of decision on appeal
44. Where the Discipline Committee revokes
or suspends a certificate of registration, withdraws or suspends
recognition of specialist status or imposes terms, conditions
or limitations on a certificate on the ground of incapacity, unskilled
practice of forestry or professional misconduct, the decision
takes effect immediately even if an appeal is taken from the decision,
unless the court to which the appeal is taken orders otherwise.
Reinstatement after disciplinary proceedings
45. (1) A member whose certificate of registration
or designation as a specialist has been revoked or suspended for
cause under this Act may apply in writing to the Registrar to
have a new certificate issued, the designation restored or the
suspension removed.
Variation of terms after disciplinary proceedings
(2) If the Discipline Committee has imposed
terms, conditions or limitations on a member’s certificate of
registration, the member may apply in writing to the Registrar
for the removal or modification of the terms, conditions or limitations.
Time of application
(3) An application under subsection (1) or
(2) shall not be made before the end of the one-year period referred
to in subsection 42 (6) or before the expiry of the period fixed
for the purpose by the Discipline Committee under subsection 42
(6), as the case may be.
Same
(4) If an applicant’s previous application
under this section was refused and the Discipline Committee did
not fix a period under paragraph 7 of subsection (6), an application
under subsection (1) or (2) shall not be made earlier than one
year from the date of the previous order.
Referral to Discipline Committee
(5) The Registrar shall refer an application
under subsection (1) or (2) to the Discipline Committee.
Order
(6) The Discipline Committee may, after a
hearing, make an order doing one or more of the following:
- Refusing the application.
- Directing the Registrar to issue a certificate
of registration to the applicant.
- Directing the Registrar to remove the suspension
of the applicant’s certificate of registration.
- Directing the Registrar to impose specified
terms, conditions and limitations on the applicant’s certificate
of registration.
- Directing the Registrar to remove any term,
condition or limitation on the applicant’s certificate of registration.
- Directing the Registrar to restore a designation
as a specialist.
- Fixing a period during which the applicant
may not apply under this section.
Application
(7) Sections 29 to 41 apply with necessary
modifications to a hearing under this section.
Reinstatement, no hearing
46. The Council or Executive Committee may,
without a hearing, with respect to a member who has had a certificate
of registration or a designation as a specialist suspended or
revoked for any reason under this Act, make an order doing one
or more of the following:
- Directing the Registrar to issue a certificate
of registration to the member or former member.
- Directing the Registrar to remove the suspension
of the member’s certificate of registration.
- Directing the Registrar to restore a designation
as a specialist.
PART VI APPEALS TO COURT
Appeal to court
47. (1) A party to a proceeding before the
Registration Committee or the Discipline Committee may appeal
to the Divisional Court, in accordance with the rules of court,
from the decision or order of the Committee.
Parties
(2) For the purposes of an appeal under this
section,
- (a) a person who requests that the Registration
Committee reconsider its decision under section 20 and the Association
are parties to the reconsideration under section 21 by the Registration
Committee; and
- (b) a person who applies for an order under
section 22 and the Association are parties to the proceeding
under section 22 by the Registration Committee.
Certified copy of record
(3) Upon the request of a party desiring to
appeal to the Divisional Court and upon payment of the fee prescribed
by the by-laws for the purpose, the Registrar shall furnish the
party, at the party’s expense, with a certified copy of the record
of the proceeding, including any documents received in evidence
and the decision or order appealed from.
Powers of court on appeal
(4) An appeal under this section may be made
on questions of law and the court may affirm or may rescind the
decision of the committee appealed from and may refer the matter
back to the committee for rehearing, in whole or in part, in accordance
with such directions as the court considers appropriate.
PART VII REGISTRAR’S
INVESTIGATIONS
Registrar’s investigation
48. (1) The Registrar may, with the approval
of the Executive Committee, appoint one or more persons to investigate
the conduct of a member if the Registrar believes on reasonable
and probable grounds that the member is guilty of professional
misconduct or unskilled practice of forestry or is incapacitated.
Powers of investigators
(2) An investigator may without warrant or
court order,
- inquire into and examine the practice of
the person under investigation in respect of whom the investigation
is being made; and
- upon production of his or her appointment,
enter at any reasonable time the business premises of the person
under investigation, or of his or her employer, make reasonable
inquiries of any person at the premises and examine documents
and things at the premises that are relevant to the subject
matter of the investigation.
Definition
(3) In subsection (2),
"business premises" means
any place, other than a dwelling, where the person is, or was
previously, engaged in the practice of professional forestry or
where a member keeps his or her business records.
Same
(4) A person appointed to make an investigation
has, for the purposes of the investigation, all the powers of
a commission under Part II of the Public Inquiries Act, which
part applies to such inquiry as if it were an inquiry under that
Act.
Duty to co-operate
(5) Every person under investigation and every
employer of a person under investigation shall co-operate fully
with a person appointed to make an investigation into the practice
of the person under investigation.
Obstruction prohibited
(6) No person, including an employer of a
person under investigation, shall obstruct an investigator or
withhold or conceal from him or her or destroy anything that is
relevant to the investigation.
Entries and searches
49. (1) Where a justice of the peace is satisfied,
on evidence upon oath by an investigator, that there is reasonable
ground for believing that evidence relating to professional misconduct,
the unskilled practice of forestry, or the incapacity of a member
is in a place including a dwelling, the justice of the peace may
issue a warrant authorizing the investigator to enter the place
and to search any documents or things relevant to the subject
matter of the investigation.
Use of force
(2) A warrant issued under subsection (1)
authorizes the person or persons named in the warrant to carry
out the warrant by force if necessary and together with such police
officers as are called upon for assistance.
Time of execution
(3) A warrant issued under subsection (1)
shall specify the hours and days during which it may be executed.
Expiry
(4) A warrant issued under subsection (1)
shall state the date on which it expires, which shall be a date
not later than 15 days after the warrant is issued.
Renewal
(5) A warrant under this section may be renewed
in the circumstances in which a warrant may be made under subsection
(1), before or after expiry, for one or more periods each of which
is not more than 30 days.
Application without notice
(6) A justice of the peace may receive and
consider an application for a warrant under subsection (1) or
an application for a renewal under subsection (5) without notice
to, and in the absence of, the person under investigation.
Removal of documents, etc.
50. (1) An investigator under this Part may,
upon giving a receipt therefor, remove any documents or things
examined under section 48 or 49 relating to the subject matter
of the investigation for the purpose of making copies or extracts.
Return of documents, etc.
(2) An investigator shall promptly return
any documents or things removed under subsection (1) or, where
the originals are required for the purposes of the investigation,
return a copy to the member under investigation or to his or her
employer.
Copy as evidence
(3) Any copy or extract made as provided in
subsection (1) and certified to be a true copy or extract by the
person who made it is admissible in evidence to the same extent
as, and has the same evidentiary value as, the document or thing
of which it is a copy or extract.
Report of investigation
51. The investigator shall report the results
of the investigation to the Registrar who shall report the results
to the Council or such committee as the Registrar considers appropriate.
PART VIII REGULATIONS
AND BY-LAWS
Regulations
52. (1) Subject to the approval of the Lieutenant
Governor in Council, the Council may make regulations,
- making any provision of the Business Corporations
Act, the Corporations Act, and the Corporations Information
Act applicable to the Association, with such modifications as
the Council considers necessary or advisable;
- defining professional misconduct for the
purposes of this Act;
- prescribing and governing a code of ethics
for professional foresters;
- establishing a list of professions, trades
and occupations for the purposes of clause 3 (2) (b).
Minister’s review
(2) At least 30 days before a regulation is
made by Council under subsection (1), a copy of the proposed regulation
shall be provided to the Minister for his or her review.
Copies of regulations
(3) The Council shall ensure that a copy of
each regulation is available for public inspection in the office
of the Association.
Same
(4) The Registrar shall provide to any person,
on payment of a reasonable charge, a copy of any regulation made
under this section.
Copies to be forwarded
(5) The Council shall send a copy of each
regulation made under subsection (1) to each member of the Association.
By-laws
53. (1) The Council may pass by-laws,
- fixing the number of members to be elected
to the Council under clause 6 (2) (a) and defining constituencies
along regional, occupational and other lines for the purpose,
and prescribing the number of representatives of each constituency;
- respecting the qualifications, nomination,
election and term or terms of office of the members to be elected
to the Council, disputed elections, and governing the filling
of vacancies created by the departure of elected members of
the Council;
- prescribing the conditions disqualifying
elected members from sitting on the Council and governing the
removal of disqualified members of the Council;
- respecting the calling, holding and conducting
of meetings of the Council, the duties of members of the Council
and prescribing the quorum of the Council;
- respecting the selection of members from
the Council for membership on the Executive Committee, the Registration
Committee, the Complaints Committee, and the Discipline Committee;
- respecting the selection of members from
the Association who are not members of the Council for membership
on the Registration Committee, the Complaints Committee, and
the Discipline Committee;
- respecting the practice and procedure,
the filling of vacancies, the duties of members, the calling,
holding and conduct of meetings for any committee required by
this Act;
- providing for the establishment, composition,
selection of members, powers, duties, quorums, filling of vacancies,
practices and procedures of committees other than those required
by this Act;
- providing for the establishment of panels
of any committee required by this Act and providing that a panel
of a committee may exercise the powers and carry out the duties
of the committee, subject to the restrictions, if any, specified
in the by-law;
- respecting indemnification by the Association
of members of the Council, of members of committees and of officers
and employees of the Association;
- respecting conflict of interest rules for
members of the Council, for members of committees and for officers
and employees of the Association;
- providing for the remuneration of members
of the Council and members of committees other than members
appointed by the Lieutenant Governor in Council, and providing
for payment of necessary expenses of the Council and committees
in the conduct of their business;
- delegating to the Executive Committee the
powers and duties set out in the regulations or by-laws, but
this paragraph does not authorize the delegation of the power
to make, amend or revoke a regulation or by-law;
- respecting the duties and authority of
the Registrar;
- providing for the appointment of an individual
as an acting Registrar who has all the powers and performs all
of the duties of the Registrar under this Act and the by-laws
when the Registrar is absent or unable to act or when there
is a vacancy in the office of the Registrar;
- respecting the reporting and publication
of decisions of the Association, the Council and the committees;
- prescribing classes or categories of membership,
including classes of membership that are temporary, provisional
or otherwise limited, the rights and obligations which may attach
to such classes or categories of membership, prescribing the
terms, conditions and limitations which may be imposed in a
certificate of registration and providing for exemptions from
any term or condition of a class or category of membership;
- respecting conditions or requirements of
eligibility for membership, including standards, qualifications,
examinations, experience and character requirements for the
issuance of certificates of registration, and providing for
exemptions from those requirements;
- providing for the designation of members
as specialists, prescribing the qualifications and requirements
for designation as a specialist, providing for the suspension
or revocation of such a designation and for the regulation and
prohibition of the use of the designation by specified members;
- providing for the re-examination of applicants
and for the procedure and conditions of restoring registration
where such registration has been cancelled or suspended under
this Act;
- respecting the accreditation of forestry
education programs offered by post-secondary educational institutions
and on-going education programs for foresters offered by post-secondary
educational institutions and other bodies;
- prescribing a quality assurance program
and requiring members and employers of members to participate
in and co-operate with the program;
- requiring members to have professional
liability insurance satisfying prescribed requirements and to
give proof of the insurance to the Registrar in the prescribed
manner;
- prescribing a continuing education program
and requiring members and employers of members to participate
in and co-operate with the program;
- establishing processes and criteria for
suspending certificates of registration and for removing such
suspensions for members who fail to participate in and co-operate
with the quality assurance program, or who fail to meet the
continuing education or professional liability insurance requirements;
- respecting any matter ancillary to this
Act with regard to the issuance, expiry, renewal, amendment,
cancellation, suspension, revocation and reinstatement of certificates
of registration;
- requiring the making of returns of information
by members of the Association in respect of names, addresses,
telephone numbers, professional associates, partners, employees
and professional activities, and any other information which,
in the opinion of Council, is necessary for the administration
of this Act, the regulations and the by-laws;
- authorizing entries in, and the form of
maintenance of, registers of members and former members of the
Association and prescribing the information that must be kept
in the register and the information that may be removed from
the register, and providing for the issuance of certificates
of standing by the Registrar;
- prescribing and requiring the making and
keeping of records by members of the Association in respect
of the practice of professional forestry;
- requiring the payment of fees and levies
by members including penalties for late payment, prompt payment
discounts and interest on late payments and fees for anything
the Registrar is required or authorized to do, and prescribing
the amounts of such fees, levies, penalties, discounts and interest
or providing that the amount be set by a prescribed person;
- prescribing and governing standards of
practice for the practice of professional forestry;
- prohibiting the practice of professional
forestry where there is a conflict of interest and defining
conflict of interest for that purpose;
- governing the use of names and designations
in the practice of professional forestry by members of the Association;
- prescribing the seal and other insignia
of the Association and providing for their use;
- requiring and governing the signing and
sealing of documents and plans by members of the Association,
specifying the form of seals and respecting the issuance and
ownership of seals;
- providing for the method of service of
any document or class of documents for the purposes of clause
55 (1) (c);
- exempting any member of the Association
from any provision of the by-laws under such special circumstances
in the public interest as the Council considers advisable;
- authorizing the communication of material
that comes to a person’s knowledge in the course of duties,
employment, review or investigation under this Act, to specified
classes of persons or for specified purposes;
- requiring and providing for the inspection
and examination of premises used in connection with the practice
of the profession and of equipment, books, accounts, reports
and records of members relating to their practices;
- respecting the managing, regulating and
discharging of the business affairs of the Association;
- providing procedures for the making, amending
and revoking of regulations and by-laws
Unanimous by-laws
(2) A by-law or resolution of the Council
signed by a majority of the members of the Council is as valid
as if passed at a meeting of the Council held for that purpose.
Confirmation
(3) A by-law passed by the Council is not
effective until confirmed by the members at a meeting or by means
of a vote conducted by mail.
Exception
(4) Subsection (3) does not apply to a by-law
passed within four months after this Act comes into force.
Copies of by-laws
(5) The Council shall,
- forward a copy of each by-law confirmed
under subsection (3) to the Minister and to each member; and
- keep a copy of each by-law confirmed under
subsection (3) available for public inspection in the office
of the Association.
Same
(6) The Registrar shall provide to any person,
on payment of a reasonable charge, a copy of any by-law made under
this section.
General or specific by-laws
54. (1) A regulation or by-law made under
any provision of this Act may be general or specific.
Classes
(2) Without limiting the generality of subsection
(1), a regulation or by-law may be limited in its application
to specified classes of members or certificates.
Conflict
(3) Where a conflict appears between any provision
of this Act, the regulations or by-laws and the provisions of
the Crown Forest Sustainability Act, 1994, any regulations made
thereunder, and any manual prepared under section 68 of that Act,
the provisions of the Crown Forest Sustainability Act, 1994 any
regulations made thereunder, and any manual prepared under section
68 of that Act shall prevail.
PART IX MISCELLANEOUS
Service
55. (1) A notice or document to be given or
served under this Act is sufficiently given or served if it is,
- delivered personally;
- sent by mail; or
- given or served in accordance with by-laws
respecting service.
Same
(2) Where a notice or document to be given
under this Act is sent by mail addressed to a person at the last
address of the person in the records of the Association, there
is a rebuttable presumption that the notice or document is delivered
to the person on the fifth day after the day of mailing.
Confidentiality
56. (1) Every person engaged in the administration
of this Act, including an investigator appointed under section
48, shall preserve secrecy with respect to all matters that come
to his or her knowledge in the course of his or her duties and
shall not communicate any of those matters to any other person
except,
- in connection with the administration of
this Act, the regulations, and the by-laws or any proceeding
under this Act or the by-laws;
- to his or her counsel;
- with the consent of the person to whom
the information relates;
- to the extent that the information is available
to the public under this Act; or
- to prevent or report the commission of
a crime.
Offence
(2) Every person who contravenes subsection
(1) is guilty of an offence and on conviction is liable to a fine
of not more than $25,000.
Official publication
57. The Council shall maintain an official
publication of the Association.
Immunity
58. (1) No action or other proceeding for
damages shall be instituted against the Association, the Council,
a committee of the Association or a member of the Council or a
committee of the Association, or an officer, employee, agent or
appointee of the Association for any act done in good faith in
the performance or intended performance of a duty or in the exercise
or the intended exercise of a power under this Act, a regulation
or a by-law or for any neglect or default in the performance or
exercise in good faith of such duty or power.
Indemnity if action brought
(2) Every member of the Council or a committee
of the Association and every officer, employee, agent or appointee
of the Council or a committee of the Association, and their heirs,
executors and administrators, and estate and effects, respectively,
shall from time to time and at all times, be indemnified and saved
harmless out of the funds of the Association, from and against,
- all costs, charges and expenses whatsoever
that he or she sustains or incurs in or about any action or
proceeding brought or commenced against him or her in respect
of any act, deed, matter or thing whatsoever, made, done or
permitted by him or her, in or about the execution of the duties
of his or her office;
- all other costs, charges and expenses that
he or she sustains or incurs in or about or in relation to the
affairs thereof, except such costs, charges or expenses as are
occasioned by his or her own wilful neglect or default.
Compliance order
59. (1) Where it appears to the Association
that any person does not comply with any provision of this Act,
the regulations or the by-laws, despite the imposition of any
penalty in respect of such non-compliance and in addition to any
other rights it may have, the Association may apply to a judge
of the Superior Court of Justice for an order directing the person
to comply with the provision and upon the application the judge
may make the order or such other order as the judge thinks fit.
Appeal
(2) An appeal lies to the Divisional Court
from an order made under subsection (1).
Registrar’s certificate as evidence
60. Any statement containing information from
the records required to be kept by the Registrar under this Act
and purporting to be certified by the Registrar under the seal
of the Association is admissible in evidence in all courts and
tribunals as proof in the absence of evidence to the contrary
of the facts stated therein without proof of the appointment or
signature of the Registrar and without proof of the seal.
Offence, falsification of documents
61. (1) Any person who knowingly provides
false information in respect of information that must be entered
in the register or directory under section 23 and any person who
issues a false certificate of registration or document with respect
to the issuance of a certificate of registration is guilty of
an offence and on conviction is liable to a fine of not more than
$10,000.
Same, false representation
(2) Every person who wilfully procures or
attempts to procure the issuance of a certificate of registration
by knowingly making a false representation or declaration, either
orally or in writing, is guilty of an offence and on conviction
is liable to a fine of not more than $10,000.
Same, assisting
(3) Every person who knowingly assists a person
in committing an offence under subsection (1) or (2) is guilty
of an offence and on conviction is liable to a fine of not more
than $10,000.
Limitation period
(4) Proceedings to obtain a conviction for
an offence under subsection (1) or (2) shall not be commenced
after the expiration of two years after the date on which the
offence was, or is alleged to have been, committed.
Offence
62. (1) Every person who contravenes section
13 is guilty of an offence and on conviction is liable for the
first offence to a fine of not more than $15,000 and for each
subsequent offence to a fine of not more than $30,000.
Same
(2) Every person who contravenes subsection
14 (7) is guilty of an offence and on conviction is liable for
the first offence to a fine of not more than $5,000 and for each
subsequent offence to a fine of not more than $15,000.
Same
(3) Every person who contravenes an order
under subsection 32 (4) is guilty of an offence and on conviction
is liable to a fine of not more than $10,000 and for each subsequent
offence to a fine of not more than $20,000.
Same
(4) Every person who contravenes subsection
48 (5) or (6) is guilty of an offence and on conviction is liable
to a fine of not more than $10,000.
Corporation
(5) Where a corporation is convicted of an
offence under subsection (1), (2), (3) or (4), the maximum fine
that may be imposed is $25,000 on a first conviction and $50,000
on each subsequent conviction and not as provided in subsection
(1), (2) or (3).
Limitation period
(6) Proceedings shall not be commenced in
respect of an offence under subsection (1), (2), (3) or (4) after
two years after the date on which the offence was, or is alleged
to have been, committed.
Conflict
63. In the event of a conflict between this
Act or the by-laws and the Statutory Powers Procedure Act, the
provisions of this Act and the by-laws prevail.
PART X CONSEQUENTIAL
AMENDMENTS, TRANSITION AND REPEAL
Amendments to Crown Forest Sustainability
Act, 1994
64. The definition of "professional forester"
in section 3 of the Crown Forest Sustainability Act, 1994 is repealed
and the following substituted:
"professional forester" means
a person who holds a certificate of registration under the Professional
Foresters Act, 2000. ("forestier professionnel")
Transition, members
65. Every person who is a member of the Association
immediately before this Act comes into force shall be deemed to
hold a certificate of registration under this Act subject to the
same terms, conditions and limitations as previously applied to
the person’s membership.
Transition, Council
66. The members of Council who were in office
immediately before the coming into force of this Act shall be
deemed to be the members of Council after the day this Act comes
into force and shall continue in office until the expiration of
their terms or until their offices otherwise become vacant.
Repeal
67. The Ontario Professional Foresters Association
Act, 1957, being chapter 149, is repealed.
PART XI COMMENCEMENT
AND SHORT TITLE
Commencement
68. This Act comes into force on a day to
be named by proclamation of the Lieutenant Governor.
Short title
69. The short title of this Act is the Professional
Foresters Act, 2000.
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This page last modified September 17, 2005
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