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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2013


NEWFOUNDLAND AND LABRADOR REGULATION 70/13

NEWFOUNDLAND AND LABRADOR
REGULATION 70/13

Foresters Regulations
under the
Foresters Act

(Filed June 26, 2013)

Under the authority of section 44 of the Foresters Act, the council of the Association of Registered Professional Foresters of Newfoundland and Labrador makes, with the approval of the Minister of Natural Resources, the following regulations.

Dated at St. John’s, June 21, 2013.

Jason T. Pond
Chairperson
Association of Professional Foresters
of Newfoundland and Labrador

Thomas W. Marshall, Q.C.
Minister of Natural Resources


REGULATIONS

Analysis


        1.   Short title

        2.   Definition

        3.   Professional forester

        4.   Forester-in-training

        5.   Exceptions

        6.   Restricted members

        7.   Filing of an allegation

        8.   Discipline committee hearing date

        9.   Decision of discipline committee


Short title

        1. These regulations may be cited as the Foresters Regulations.

Definition

        2. In these regulations "Act" means the Foresters Act.

Professional forester

        3. A person is entitled to be registered as a professional forester where, in addition to the other applicable requirements of the Act, the regulations and the by-laws, he or she

             (a)  completes an application in the prescribed form; and

             (b)  either has

                      (i)  a baccalaureate degree in the science of forestry from a school, college or university program recognized by the Canadian Forestry Accreditation Board and has accumulated a minimum of 2 years experience as a forester-in-training in the province,

                     (ii)  a baccalaureate degree in a science, other than the science of forestry, and has

                            (A)  a minimum of 4 years experience in forestry in the capacity of a forester of which 2 years has been as a forester-in-training in the province,

                            (B)  had his or her core competencies evaluated by the Central Assessment Authority of the Canadian Federation of Professional Foresters Association, and

                            (C)  has successfully passed the examinations prescribed by the association to demonstrate competence in core subject areas considered deficient by the Central Assessment Authority evaluation, or   

                    (iii)  a certificate of good standing from the jurisdiction where he or she is currently registered as the equivalent of a professional forester.

Forester-in-training

        4. A person is entitled to be registered as a forester-in-training where, in addition to the other applicable requirements of the Act, the regulations and the by-laws, he or she

             (a)  completes an application in the prescribed form; and

             (b)  either has

                      (i)  a baccalaureate degree in the science of forestry from a school, college or university program recognized by the Canadian Forestry Accreditation Board, or

                     (ii)  a baccalaureate degree in a science other than the science of forestry and has a minimum of 2 years experience in forestry in the capacity of a forester.

Exceptions

        5. (1) For the purposes of subsection 17(4) of the Act, a person who submitted his or her application prior to May 31, 2013 may be admitted to membership where he or she meets the requirements in paragraphs 17(1)(a), (b) and (d) of the Act and has

             (a)  a baccalaureate degree in science; and

             (b)  a minimum of 4 recent years experience in forestry in the capacity of a forester.

             (2)  Notwithstanding subparagraph 3(b)(i) and clause 3(b)(ii)(A), a person who does not have 2 years experience as a forester-in-training may be eligible for registration as a professional forester where he or she

             (a)  submits his or her application for registration on or before May 31, 2014; and

             (b)  has 2 years experience in forestry in the capacity of a forester.

Restricted members

        6. A restricted member shall have the rights and obligations prescribed in the by-laws but shall not have the right to

             (a)  vote; or

             (b)  use the title "professional forester" or "forester-in-training".

Filing of an allegation

        7. (1) Within 30 days of receipt of an allegation the respondent shall be notified in writing that an allegation has been received.

             (2)  A respondent shall have 30 days from the notification of the allegation to respond to the complainant's allegation.

             (3)  Notwithstanding subsection (2), the professional conduct committee, or a person appointed by the professional conduct committee, may request and accept from a respondent a further reply to an allegation.                 

Discipline committee hearing date

        8. (1) A discipline committee shall set a hearing date within 120 days of the decision of the professional conduct committee that grounds exist to start a disciplinary proceeding.

             (2)  The chairperson of the discipline committee may extend the time period referred to in subsection (1) after first seeking the opinions of the respondent and the council regarding the extension.

Decision of discipline committee

        9. The written decision and orders of the discipline committee shall be provided to the council and the respondent within 90 days of the completion of the hearing of the complaint by the discipline committee.