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,
2. In this Part and in Part I,
"conflict
of interest" has the same meaning as is set out in the by-laws.
O. Reg. 145/01, s. 2.
3. For the purposes of the Act, professional misconduct
includes the following:
1. An act or omission inconsistent with or
contravening the Act, the regulations or the by-laws.
2. Failing to maintain a standard of practice of
the profession or contravening a standard of practice of the
profession as set out in the by-laws.
3. Practising the profession while the member's
ability to do so is impaired by any substance.
4. Failing to fulfil the terms of an agreement with
a client or employer.
5. Revealing information concerning any professional
service or any property which is the subject of a professional
service to a person, other than the client or employer or another
member engaged by the client or employer, except with the consent
of the client or employer or when authorized or required to do
so by law.
6. Providing, or attempting or offering to provide,
services that are not reasonably useful or needed unless
specifically requested by the client or employer, and failing
to advise the client or employer that the services are not reasonably
useful or needed.
7. Making a misrepresentation to a client or employer,
or a prospective client or employer or, in a professional capacity,
to a third party.
8. Abusing a client or employer, or a client or
employer's agent, verbally, physically or emotionally.
9. Misappropriating property from a client, employer
or workplace.
10. Making a claim respecting the utility of services
other than a claim that can reasonably be supported as
professional opinion.
11. Guaranteeing a result or making a statement
that a client or employer would reasonably understand as a
guarantee of a result.
12. Charging a fee that is excessive in relation
to the services performed.
13. Charging a fee for an unperformed service, except
a fee for an appointment missed without at least 24 hours notice.
14. Adding a charge to a disbursement.
15. Knowingly submitting a false or misleading account
or charge for professional services.
16. Failing to issue a statement or receipt when
a statement or receipt is requested by a client or employer.
17. Failing to itemize the services provided, the
fees for them and the disbursements charged when an itemized account
is requested by a client or employer.
18. Reducing, or offering to reduce, an account
for prompt payment without notifying the client of the terms of
reduction before providing the pertinent service.
19. Charging interest on an account without notifying
the client of the terms of the interest before providing the pertinent
service, except where interest has been granted by a court.
20. Discontinuing professional services unless,
i. the client requests the discontinuation,
ii. alternative or replacement services are arranged
with the concurrence of the client, or
iii. the client is given a reasonable opportunity
to arrange alternative or replacement services or agrees with
the discontinuation.
21. Selling or assigning any debt owed to the
member for professional services. This does not include the use
of credit cards to pay for professional services.
22. Having a conflict of interest.
23. Influencing a client or employer to change his
or her will or other testamentary instrument.
24. Inappropriately using a term, title or designation
in respect of the member's practice.
25. Using a name other than the member's name, as
set out in the register, in the course of providing or offering
to provide services within the scope of practice of the profession,
except where the use of another name is necessary for personal
safety, the employer and the Association have been made aware
of the other name and that name is distinctive.
26. Failing to make or maintain records required
by the Act, the regulations or the by-laws or that are appropriate
to professional services offered.
27. Falsifying a record regarding professional services
or relating to the member's practice.
28. Failing to abide by a term, condition or limitation
of a certificate of registration.
29. Failing to direct or supervise, or inadequately
directing or supervising, an unregistered person.
30. Permitting, directing, counselling or assisting
any person, other than a qualified member, to perform any act
or function that should properly be performed by a qualified member.
31. Permitting, directing, counselling or assisting
a member, student or other management team member to
perform professional forestry or other functions for which he
or she is not adequately trained or that he or she is not competent
to perform.
32. Failing to inform the member's client or employer
of the member's inability to accept responsibility in areas where
special training is required or where the member is not competent
to function without supervision.
33. Failing to advise a client or employer to obtain
services from another forestry professional where a member knew
or ought to have known that the client or employer required services
that were outside the member's scope of practice or within the
member's scope of practice but outside the member's competency
to perform.
34. Directly or by implication representing any
person to be a member who is not a member.
35. Signing a report, plan or other document that
contains a statement that the member knows or ought to know is
false, misleading or otherwise improper.
36. Signing a report, plan or other document without
ascertaining, or taking reasonable measures to determine, the
accuracy or its contents.
37. Permitting a report, plan or other document
to be issued in the member's name, or without his or her
concurrence, without personally signing it.
38. For any purpose related to the practice of professional
forestry,
i. retaining or using the services
of,
ii. employing or being employed by,
iii. maintaining a partnership or association
with,
iv. directly or indirectly receiving, making or
conferring any remuneration or benefit from or to, or
v. sharing or occupying space with a person whose
registration is suspended or has been revoked or cancelled,
except with the prior written consent of the Executive Committee
and subject to the terms of that consent.
39. Failing to reply appropriately or within a reasonable
time to a written inquiry received from the Association.
40. Failing to take reasonable steps to ensure that
the requested information is provided in a complete and
accurate manner where a member is required to provide information
to the Association pursuant to the Act, the regulations or the
by-laws.
41. Failing to appear before the Complaints Committee
to be cautioned or admonished or failing to comply with an order
of the Complaints Committee.
42. Failing to comply with an order of a panel of
the Discipline Committee.
43. Failing to co-operate in an Association investigation.
44. Failing to abide by a written undertaking given
by the member to the Association or to carry out an agreement
entered into with the Association.
45. Failing to report an incident of professional
misconduct, unskilled practice of forestry or unethical conduct
of a member to the Association.
46. Making any statement, orally or in writing,
calculated to belittle or injure the professional reputation of
another member or unnecessarily commenting adversely upon any
professional act of another member.
47. Touting or, except as permitted by this Regulation,
soliciting professional business.
48. An act or omission relevant to the practice
of professional forestry that, having regard to the circumstances,
would reasonably be regarded as disgraceful, dishonourable or
unprofessional conduct.
49. Failing to be responsible for the conduct of
the member's employees or agents and for the suitability and
quality of their acts.
50. An act done or omission made by an employee
or agent of the member that, if done or made by the member, would
constitute professional misconduct. O. Reg. 145/01, s. 3.