Professional Foresters Act, 2000

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Sections161

• [s0]

  PART I GENERAL

• 1.
• 1Definitions

  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”) “Crown forest” means Crown forest as defined in section 3 of the Crown Forest Sustainability Act, 1994; (“forêt de la Couronne”) “forest” includes Crown forests, woodlands and urban woodlands; (“forêt”) “forest operations prescription” means, (a) in respect of a Crown forest, forest operations prescription within the meaning of the Crown Forest Sustainability Act, 1994; and (b) in respect of all other forests, a set of site-specific harvest, renewal and maintenance activities used to achieve the expected structure and condition and the management objectives for such forests; (“prescription touchant des opérations forestières) “good forestry practices” me…

• 2.
• 2Administration of Act

  2 The Minister is responsible for the administration of this Act. 2000, c. 18, s. 2.

• 3.
• 3Scope of practice

  3 (1) The practice of professional forestry is the provision of services and advice regarding forest operations and the preparation of plans relating to forestry, good forestry practices and the sustainability of forests, and includes: (a) designing, specifying or certifying forest operations prescriptions; (b) appraising or evaluating forest resources and certifying forests; (c) classifying, inventorying and mapping of forests, including distribution, composition, structure, range, age and tree species; (d) determining current and desired future forest conditions; (e) customizing and using information from forest estate models; (f) assessing or auditing planned forest operations to determine, among other things, whether those operations have been carried out as planned; and (g) planning and locating forest transportation systems, including forest roads. 2021, c. 34, Sched. 21, s. 2 (1).…

• PART II ONTARIO PROFESSIONAL FORESTERS ASSOCIATION
• [s4]

  PART II ONTARIO PROFESSIONAL FORESTERS ASSOCIATION

• 4.
• 4Association 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. 2000, c. 18, s. 4 (1). Body corporate (2) The Association is a body corporate without share capital. 2000, c. 18, s. 4 (2). Non-application (3) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Association, except as specifically made applicable by the regulations. 2000, c. 18, s. 4 (3); 2017, c. 20, Sched. 8, s. 121 (1). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 121 (1) - 19/10/2021

• 5.
• 5Objects

  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. 2000, c. 18, s. 5 (1). 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…

• 6.
• 6Council

  6 (1) The Council of the Association is the board of directors of the Association and shall manage and administer its affairs. 2000, c. 18, s. 6 (1). 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. 2000, c. 18, s. 6 (2).

• 7.
• 7Term 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. 2000, c. 18, s. 7 (1). Same (2) Subject to subsection (3), no person appointed under clause 6 (2) (b) may serve more than two consecutive terms. 2000, c. 18, s. 7 (2). 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. 2000, c. 18, s. 7 (3).

• 8.
• 8Remuneration 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. 2000, c. 18, s. 8.

• 9.
• 10.
• 9Vacancies

  9 If one or more vacancies occur in the membership of the Council, the members remaining in office constitute the Council. 2000, c. 18, s. 9.

• 10Registrar

  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. 2000, c. 18, s. 10.

• 11.
• 11Annual 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. 2000, c. 18, s. 11.

• 12.
• 12Powers 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 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; (d) request the Council to make, amend or revoke a regulation. 2000, c. 18, s. 12 (1). 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 su…

• 13.
• 13Who 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. 2000, c. 18, s. 13.

• 14.
• 14Membership

  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. 2000, c. 18, s. 14 (1). 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. 2000, c. 18, s. 14 (2). 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. 2000, c. 18, s. 14 (3). 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 …

• 15.
• 15Committees

  15 (1) The following committees are hereby established: 1. Executive Committee. 2. Registration Committee. 3. Complaints Committee. 4. Discipline Committee. 2000, c. 18, s. 15 (1). Appointment (2) The Council shall appoint the members of the committees referred to in subsection (1). 2000, c. 18, s. 15 (2). Chair (3) The Council shall name one member of each committee referred to in subsection (1) to chair the committee. 2000, c. 18, s. 15 (3). Other committees (4) The Council may establish and appoint any other committees as it considers necessary. 2000, c. 18, s. 15 (4). 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. 2000, c. 18, s. 15 (5).

• 16.
• 16Executive Committee

  16 (1) The Executive Committee shall be composed of, (a) the president, vice-president and immediate past president of the Council; (b) one member of Council elected to Council by members of the Association; and (c) one member of the Council appointed to the Council by the Lieutenant Governor in Council. 2000, c. 18, s. 16 (1). Quorum (2) Three members of the Executive Committee constitute a quorum. 2000, c. 18, s. 16 (2). 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. 2000, c. 18, s. 16 (3). 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 rev…

• PART III REGISTRATION
• [s18]

  PART III REGISTRATION

• 17.
• 17Application for registration

  17 (1) A person shall send an application for a certificate of registration to the Registrar in accordance with the by-laws. 2000, c. 18, s. 17 (1). Referral to Registration Committee (2) The Registrar shall refer all applications to the Registration Committee. 2000, c. 18, s. 17 (2).

• 18.
• 18Composition of Registration Committee

  18 (1) The Registration Committee shall be composed of a minimum of five and a maximum of 10 persons of whom, (a) at least one is a member of the Council elected to the Council by the members of the Association; (b) one is a member of the Council appointed to the Council by the Lieutenant Governor in Council; and (c) the remainder may be members of the Association who are not members of the Council. 2000, c. 18, s. 18 (1). Quorum (2) Three members of the Registration Committee constitute a quorum. 2000, c. 18, s. 18 (2).

• 19.
• 19Registration

  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. 2000, c. 18, s. 19 (1). 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, (a) the applicant does not meet the qualifications and requirements for the issuance of the certificate set out in the by-laws; (b) 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 (c) the applicant previously held a certificate that was revoked as a result of a decision of the Discipline Committee. 2000, c. 18, s. 1…

• 20.
• 20Notice of proposal not to issue

  20 (1) Where the Registration Committee proposes to instruct the Registrar, (a) not to issue a certificate of registration; or (b) to impose terms, conditions or limitations to which the applicant has not consented on a certificate of registration,

• 21.
• [s23]

  the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant. 2000, c. 18, s. 20 (1). Exception (2) Subsection (1) does not apply where the Committee instructs the Registrar not to issue a certificate under clause 19 (2) (c). 2000, c. 18, s. 20 (2). 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. 2000, c. 18, s. 20 (3). Request for reconsideration (4) The request for a reconsideration must be, (a) in writing; (b) served on the Registrar within 60 days after the notice under subsection (1) is served on the applicant; and (c) accompanied by the fee prescribed by the by-laws for the purpose. 2000, c. 18, s. 20 (4). Submissions (5) The request for a reconsideration may be accompanied by written submissions. 2000,…

• 22.
• 21Reconsideration 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. 2000, c. 18, s. 21 (1). 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. 2000, c. 18, s. 21 (2). 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. 2000, c. 18, s. 21 (3). 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 …

• 23.
• 22Application 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. 2000, c. 18, s. 22 (1). Same (2) The application must be, (a) in writing; and (b) accompanied by the fee prescribed for the purpose by the by-laws. 2000, c. 18, s. 22 (2). Submissions (3) The application may be accompanied by written submissions. 2000, c. 18, s. 22 (3). 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. 2000, c. 18, s. 22 (4). No hearing (5) Before making a decision or giv…

• 24.
• 23Register

  23 (1) The Registrar shall maintain a register in which is entered, (a) 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; (b) any designation of a member as a specialist and any withdrawal of recognition of the member’s specialist status; (c) any terms, conditions or limitations imposed on a certificate of registration; (d) a notation of any revocation, suspension or cancellation of a certificate of registration; (e) 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; (f) 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; (g) the date of …

• PART IV COMPLAINTS COMMITTEE
• [s27]
• 24Suspension

  24 (1) The Registrar may suspend a member’s certificate of registration for, (a) failure to pay a fee or penalty prescribed by the by-laws; or (b) failure to provide information required by the by-laws. 2000, c. 18, s. 24 (1). Notice (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. 2000, c. 18, s. 24 (2). Concurrent notice (2.1) The notice may be combined with a notice to cancel the member’s certificate of registration under subsection 14 (4). 2009, c. 33, Sched. 22, s. 8 (1). 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. 2000, c. 18…

• 25.
• [s28]

  PART IV COMPLAINTS COMMITTEE

• 26.
• Section Amendments with date in force (d/m/y)
• 25Composition

  25 (1) The Complaints Committee shall be composed of not fewer than six and not more than 14 persons, of whom, (a) at least one is a member of the Council appointed to the Council by the Lieutenant Governor in Council; (b) 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 (c) the remainder are members of the Association who are not members of the Council. 2000, c. 18, s. 25 (1); 2009, c. 33, Sched. 22, s. 8 (2). Quorum (2) Three members of the Complaints Committee constitute a quorum. 2000, c. 18, s. 25 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 8 (2) - 15/12/2009

• PART V DISCIPLINE COMMITTEE
• [s30]
• 26Duties of Complaints Committee

  26 (1) The Complaints Committee shall consider and investigate complaints regarding the conduct or actions of a member made by, (a) a member of the public; (b) a member of the Association; (c) the Registrar; (d) the Minister. 2000, c. 18, s. 26 (1). 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, (a) the complaint does not relate to professional misconduct, unskilled practice or incapacity on the part of a member; or (b) the complaint is frivolous, vexatious or an abuse of process. 2000, c. 18, s. 26 (2). Procedural requirements (3) No action shall be taken by the Complaints Committee under subsection (5) unless, (a) a complaint in a format required by the by-laws has been filed with the Registrar; (b) the member whose conduct or actions are being investigated has b…

• 27.
• [s31]

  PART V DISCIPLINE COMMITTEE

• 28.
• 27Composition

  27 (1) The Discipline Committee shall be composed of not fewer than six and not more than 10 persons, of whom, (a) at least one is a member of the Council appointed to the Council by the Lieutenant Governor in Council; (b) at least one and no more than two are members of the Council elected to the Council by the members of the Association; and (c) the remainder are members of the Association who are not members of the Council. 2000, c. 18, s. 27 (1); 2009, c. 33, Sched. 22, s. 8 (3). Quorum (2) Three members of the Discipline Committee constitute a quorum. 2000, c. 18, s. 27 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 8 (3) - 15/12/2009 Duties of Discipline Committee

• 29.
• 28Reference 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. 2000, c. 18, s. 28 (1). Duties of Discipline Committee (2) The Discipline Committee shall, (a) 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; (b) hear and determine matters referred to it under subsection 45 (5); and (c) perform such other duties as are assigned to it by the Council. 2000, c. 18, s. 28 (2).

• 30.
• 29Parties

  29 The Association and the member whose conduct is being investigated are parties to the proceedings before the Discipline Committee. 2000, c. 18, s. 29.

• 31.
• 30Panels

  30 (1) The Discipline Committee may sit in two panels simultaneously so long as a quorum of the Committee is present in each panel. 2000, c. 18, s. 30 (1). 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. 2000, c. 18, s. 30 (2). 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. 2000, c. 18, s. 30 (3). 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 Co…

• 32.
• 31Non-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. 2000, c. 18, s. 31 (1). 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. 2000, c. 18, s. 31 (2).

• 33.
• 32Hearings to be public

  32 (1) A hearing of the Discipline Committee shall, subject to subsection (2), be open to the public. 2000, c. 18, s. 32 (1). 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, (a) matters involving public security may be disclosed; (b) 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 (c) the safety of a person may be jeopardized. 2000, c. 18, s. 32 (2). 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 …

• 34.
• 33Findings 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. 2000, c. 18, s. 33.

• 35.
• 34Examination 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. 2000, c. 18, s. 34 (1). 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. 2000, c. 18, s. 34 (2).

• 36.
• 35Delivery 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. 2000, c. 18, s. 35.

• 37.
• 36Non-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, (a) the other parties to the hearing consent to the evidence being admitted; (b) the evidence is necessary in order to rebut evidence previously presented at the hearing; or (c) the Committee believes the evidence is necessary in order to make a fair determination in the matter before it. 2000, c. 18, s. 36 (1). 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. 2000, c. 18, s. 36 (2).

• 38.
• 37Recording 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. 2000, c. 18, s. 37.

• 39.
• 38Release 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. 2000, c. 18, s. 38.

• 40.
• 39Control 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. 2000, c. 18, s. 39 (1). Forms (2) The Discipline Committee may require the use of such forms as it considers appropriate. 2000, c. 18, s. 39 (2).

• 41.
• 40Vote 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. 2000, c. 18, s. 40.

• 42.
• 41Only 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. 2000, c. 18, s. 41. Findings and powers

• 43.
• 42Finding 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. 2000, c. 18, s. 42 (1). 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. 2000, c. 18, s. 42 (2). 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…

• 44.
• 43Notice of decision

  43 (1) Subject to subsection (2), the Discipline Committee shall serve its decision, with reasons, (a) on the parties; and (b) where the matter was referred to the Discipline Committee as a result of a complaint under subsection 26 (1), on the complainant. 2000, c. 18, s. 43 (1). Same (2) Where the hearing was closed, the Discipline Committee may, in its discretion, serve its decision on the complainant without reasons. 2000, c. 18, s. 43 (2).

• 45.
• 44Stay 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. 2000, c. 18, s. 44. Reinstatement or variation of terms

• 46.
• 45Reinstatement 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. 2000, c. 18, s. 45 (1). 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. 2000, c. 18, s. 45 (2). 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. 2000, c. 18, s…

• PART VI APPEALS TO COURT
• [s51]
• 46Reinstatement, 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: 1. Directing the Registrar to issue a certificate of registration to the member or former member. 2. Directing the Registrar to remove the suspension of the member’s certificate of registration. 3. Directing the Registrar to restore a designation as a specialist. 2000, c. 18, s. 46.

• 47.
• [s52]

  PART VI APPEALS TO COURT

• PART VII REGISTRAR’S INVESTIGATIONS
• [s53]
• 47Appeal 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. 2000, c. 18, s. 47 (1). 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. 2000, c. 18, s. 47 (2). 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 p…

• 48.
• [s54]

  PART VII REGISTRAR’S INVESTIGATIONS

• 49.
• 48Registrar’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. 2000, c. 18, s. 48 (1). Powers of investigators (2) An investigator may without warrant or court order, (a) inquire into and examine the practice of the person under investigation in respect of whom the investigation is being made; and (b) 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. 2000, c. 18, s. 48 (2). Defin…

• 50.
• 49Entries 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. 2000, c. 18, s. 49 (1). 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. 2000, c. 18, s. 49 (2). Time of execution (3) A warrant issued under subsection (1) shall specify the hours and days during which it may be executed. 2000, c. 18, s. 49 (3…

• 51.
• 50Removal 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. 2000, c. 18, s. 50 (1). 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. 2000, c. 18, s. 50 (2). 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. 2000, c. 18, s. 50 (3).

• PART VIII REGULATIONS AND BY-LAWS
• [s58]
• 51Report 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. 2000, c. 18, s. 51.

• 52.
• [s59]

  PART VIII REGULATIONS AND BY-LAWS

• 53.
• 52Regulations

  52 (1) Subject to the approval of the Lieutenant Governor in Council, the Council may make regulations, (a) making any provision of the Business Corporations Act, the Not-for-Profit Corporations Act, 2010, and the Corporations Information Act applicable to the Association, with such modifications as the Council considers necessary or advisable; (b) defining professional misconduct for the purposes of this Act; (c) prescribing and governing a code of ethics for professional foresters; (d) establishing a list of professions, trades and occupations for the purposes of clause 3 (2) (b). 2000, c. 18, s. 52 (1); 2017, c. 20, Sched. 8, s. 121 (2). 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. 2000, c. 18, s. 52 (2). Copies of regulations (3) The Counci…

• 54.
• 53By-laws

  53 (1) The Council may pass by-laws, 1. 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; 2. 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; 3. prescribing the conditions disqualifying elected members from sitting on the Council and governing the removal of disqualified members of the Council; 4. 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; 5. respecting the selection of members from the Council for me…

• PART IX MISCELLANEOUS
• [s62]
• 54General or specific by-laws

  54 (1) A regulation or by-law made under any provision of this Act may be general or specific. 2000, c. 18, s. 54 (1). 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. 2000, c. 18, s. 54 (2). 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. 2000, c. 18, s. 54 (3).

• 55.
• [s63]

  PART IX MISCELLANEOUS

• 56.
• 55Service

  55 (1) A notice or document to be given or served under this Act is sufficiently given or served if it is, (a) delivered personally; (b) sent by mail; or (c) given or served in accordance with by-laws respecting service. 2000, c. 18, s. 55 (1). 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. 2000, c. 18, s. 55 (2).

• 57.
• 56Confidentiality

  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, (a) in connection with the administration of this Act, the regulations, and the by-laws or any proceeding under this Act or the by-laws; (b) to his or her counsel; (c) with the consent of the person to whom the information relates; (d) to the extent that the information is available to the public under this Act; or (e) to prevent or report the commission of a crime. 2000, c. 18, s. 56 (1). 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. 2000, c. 18, s. 56 (2).

• 58.
• 57Official publication

  57 The Council shall maintain an official publication of the Association. 2000, c. 18, s. 57.

• 59.
• 58Immunity

  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. 2000, c. 18, s. 58 (1). 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 a…

• 60.
• 59Compliance 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. 2000, c. 18, s. 59 (1). Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1). 2000, c. 18, s. 59 (2).

• 61.
• 60Registrar’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. 2000, c. 18, s. 60. Offences involving falsity

• 62.
• 61Offence, 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. 2000, c. 18, s. 61 (1). 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. 2000, c. 18, s. 61 (2). 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 lia…

• 63.
• 62Offence

  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. 2000, c. 18, s. 62 (1). 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. 2000, c. 18, s. 62 (2). 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. 2000, c. 18, s. 62 (3). 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,…

• 64.
• 63Conflict

  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. 2000, c. 18, s. 63.

• 65., 66.
• 64

  64 Omitted (amends or repeals other Acts). 2000, c. 18, s. 64.

• 67.
• 65., 66

  65., 66 Omitted (provides for transition). 2000, c. 18, ss. 65, 66.

• 68.
• 67

  67 Omitted (amends or repeals other Acts). 2000, c. 18, s. 67.

• 69.
• 68

  68 Omitted (provides for coming into force of provisions of this Act). 2000, c. 18, s. 68.

• 69

  69 Omitted (enacts short title of this Act). 2000, c. 18, s. 69. Note: 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. See: 2000, c. 18, ss. 65, 68. Note: 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. See: 2000, c. 18, ss. 66, 68. ______________