1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE DAN MILLER
MINISTER OF FORESTS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Foresters Act, R.S.B.C. 1979, c. 141, is amended
(a) by repealing the definition of "practice of professional forestry" and substituting the following:
"practice of professional forestry" means, for a fee or remuneration, performing or directing works, services or undertakings which, because of their scope and forest management implications, require specialized knowledge, training and experience equivalent to that required for a professional forester under this Act, and includes
(a) managing forests or forest land for the integration and optimum realization of their total forest resource values,
(b) assessing the impact of planned activities on forests and forest land,
(c) designing, specifying or approving methods for or directing the undertaking of
(i) the classification and inventory of forests and forest land,
(ii) silvicultural prescriptions and treatments of forest stands and forest land including timber harvesting,
(iii) the protection of forest resources,
(iv) the valuation of forest land, and
(v) research pertaining to the management of forests and forest land,
(d) planning, locating and approving forest transportation systems, including forest roads, and
(e) examining and verifying forest management performance; , and
(b) by repealing the definitions of "professional forester", "registrar", "registration" and "temporary permit" and substituting the following:
"professional forester" means a registered member or holder of a special permit granted under section 16 (1) (a);
"registrar" means the registrar of the association;
"registration" means admission of a person who qualifies under section 13 (1) and entering the person's name in the register;
"special permit" means a permit granted under section 16.
2 Section 2 (1) is repealed and the following substituted:
(1) The association continues as a corporation under the name "Association of British Columbia Professional Foresters".
3 The following section is added:
2.1 The purpose of the association is to uphold the public interest in the practice of professional forestry by ensuring the competence, independence and integrity of its members, and ensuring that every person practising professional forestry is accountable to the association and to the public.
4 Section 4 (3) and (4) is repealed and the following substituted:
(3) Council, on the written request of 100 or more members of the association, must call a meeting of the association.
(4) Notice of meetings of the association must be given in accordance with the bylaws.
5 Section 5 is repealed and the following substituted:
5 (1) The council of the association is continued, consisting of the immediate past president, the president, the vice president, not more than 8 councillors who must be elected in accordance with the bylaws and not more than 2 lay councillors who may be appointed by the Lieutenant Governor in Council.
(2) Only Canadian citizens or permanent residents of Canada are eligible to be councillors and the councillors other than the lay councillors must be registered members of the association in good standing.
(3) The vice president
(a) must be elected annually by the members of the association, and
(b) becomes the president of the association in the next year of office, or sooner if the president is unable to continue in office.
(4) The councillors may appoint a registered member of the association to fill a vacancy caused by the incapacity, resignation or death of a councillor.
6 Section 7 (e) to (h) is repealed and the following substituted:
(e) the establishment and administration of standards of admission to membership and for maintaining membership and the enrolment and qualification of candidates for admission;
(f) regulating the practice of professional forestry, including bylaws for setting and maintaining of standards of practice and for conducting reviews of members' professional practices;
(g) the establishment of different categories of membership in the association and the limitation of the rights of the members in each category;
(h) the conduct of meetings of the association and of council, including quorums, voting, balloting and associated matters;
(i) the establishment and regulation of categories of special permits and the standards of training and experience required for the enrolment and qualifications of candidates for special permits, including but not limited to special permits for applied science technologists; and
(j) the management, regulation and discharge of the business and affairs of the association.
7 Section 8 (c), (g) and (h) is repealed and the following substituted:
(c) the resignation, reinstatement and temporary withdrawal of members;
(g) the creation of committees and regional groups and the delegation to them of the powers and authority the council sees fit; and
(h) the management, regulation and discharge of the business and affairs of the association.
8 Section 9 (2) and (4) is repealed and the following substituted:
(2) The registrar must file with the minister a copy of each bylaw certified under the seal of the association.
(4) Unless disallowed under subsection (3), a bylaw comes into force on expiry of the period fixed by subsection (3), and compliance with the other provisions of this section.
9 Sections 10 to 18 (1) are repealed and the following substituted:
10 (1) The council must appoint a registrar of the association to hold office at the pleasure of the council.
(2) The registrar must keep a register containing the full name and address of each member, together with the date of registration for each registered member, date of enrolment for each enrolled member and date of grant of the permit for each special permit holder.
11 Persons who have met the requirements of council under section 13 (1) whose names are entered in the register as registered members constitute the registered membership of the association.
12 There are 5 classes of membership in the association,
(a) registered members comprised of professional foresters,
(b) enrolled members, comprised of foresters in training and forestry pupils,
(c) holders of special permits granted under section 16 (1) (a), comprised of professional foresters,
(d) holders of special permits granted under section 16 (1) (b), and
(e) honorary members.
13 (1) The council, on payment of examination and registration fees, must admit to registered membership as a professional forester, an applicant who passes the examinations set by council and the registrar must enter the applicant's name in the register, on submission by the applicant of evidence satisfactory to the council that the applicant
(a) has graduated from an institute of learning approved by the council, and has passed examinations in the courses approved or specified by the council,
(b) has satisfied the thesis or professional report requirements of the council,
(c) has had experience in British Columbia in forestry work determined by the council, and
(d) is of good character and repute.
(2) A person who obtains registration under this Act by a false or fraudulent representation, or a person who knowingly assists that person, commits an offence.
14 The council must admit an applicant, who satisfies the requirements specified by bylaw, for enrolment as a forester in training or forestry pupil.
15 (1) The board of examiners of the council is continued, consisting of the persons appointed under subsection (2), for the purpose of examining the proficiency of candidates for registration and of members for continuing membership.
(2) At least 5 registered members are to be appointed to the board of examiners by the council and at least 2 persons, who need not be registered members, are to be appointed to the board of examiners by the Lieutenant Governor in Council.
(3) The council must appoint one of the councillors as the chair of the board of examiners.
(4) The board must conduct examinations and report the results to the registrar.
16 (1) For the period and on the terms the council approves, the council may grant a special permit to practise professional forestry
(a) to an applicant who satisfies the council that the person
(i) has graduated from an institute of learning approved by the council, and has passed examinations in the courses approved or specified by the council,
(ii) has satisfied the thesis or professional report requirements of the council,
(iii) has had experience outside British Columbia in forestry work determined by the council, and
(iv) is of good character and repute, or
(b) with respect to a particular work or limited purpose, to a person who has the qualifications necessary under the bylaws.
(2) The council must conspicuously state on a special permit granted under subsection (1) (a) that it is a special permit granted under section 16 (1) (a) of the Foresters Act and entitles the holder to use the title of "Professional Forester" or the abbreviation "R.P.F.".
(3) The council must conspicuously state on a special permit granted under subsection (1) (b) that it is a special permit granted under section 16 (1) (b) of the Foresters Act and that it does not entitle the holder to use the title of "Professional Forester" or the abbreviation "R.P.F.".
(4) A person who obtains a special permit under this Act by a false or fraudulent representation, or a person who knowingly assists that person, commits an offence.
17 (1) Each member must pay to the association in accordance with the bylaws the fees, incidental to membership in the association, that are fixed under the bylaws.
(2) If a member does not pay a fee fixed in accordance with subsection (1), the council may remove the member's name from the register and,
(a) in the case of a registered member, cancel the member's registration,
(b) in the case of an enrolled member, cancel the member's enrolment, or
(c) in the case of a special permit holder, cancel the member's special permit.
18 The registrar on direction of the council must issue a certificate of registration to each registered member of the association, and the certificate must be prominently displayed by the member at the member's office or other place of business.
10 Sections 19 to 21 are repealed and the following substituted:
19 (1) On receipt of a certificate of registration issued under section 18 or a special permit granted under section 16
(1) (a), a registered member or special permit holder is entitled to use the title of "Professional Forester" or the abbreviation "R.P.F." or any other designation approved by the council.
(2) A registered member or a holder of a special permit granted under section 16 (1) (a) may procure a seal or stamp, the impression of which must contain the name of the registered member or special permit holder and the words "Professional Forester - British Columbia" or any other designation provided for in the bylaws.
(3) Those estimates, specifications, reports, documents, plans and other professional papers that are prepared by or under the supervision of a member, relate to the practice of professional forestry and are within a category of records designated under the bylaws as requiring a seal or stamp must be sealed or stamped by the member.
(4) Only those persons whose names are entered in the register as registered members or who are the holders of special permits granted under section 16 (1) (a) are permitted to use the title of "Professional Forester" and the abbreviation "R.P.F.".
20 A person who, without being a registered member of the association or the holder of a special permit granted under section 16 (1) (a), assumes, in any manner, the title of "Professional Forester" or advertises, uses or permits to be advertised or used in any manner with that person's name, business or otherwise the title of "Professional Forester" or the abbreviation "R.P.F." or any other designation, descriptive term or statement implying that the person is a registered member or the holder of a special permit granted under section 16 (1) (a) commits an offence.
21 (1) A person must not engage in the practice of professional forestry unless that person
(a) is a registered member,
(b) is a holder of a special permit granted under section 16 (1) (a), or
(c) is a holder of a special permit granted under section 16 (1) (b) and does not engage in the practice of professional forestry except in accordance with the permit.
(2) Nothing in this Act affects the rights held by a person under another Act or under a registration, licence or certificate under that Act.
(3) This Act does not apply to a member of Her Majesty's armed forces while actually employed on duty.
(4) This Act does not prevent a person from
(a) supervising, executing or inspecting work designed by a registered member or by a special permit holder acting in accordance with the special permit,
(b) appraising or valuing forest land or from quantity surveying on forest land if the appraisal, valuation or quantity survey has been designed by a registered member or special permit holder acting in accordance with the special permit,
(c) planning or engaging in any of the activities normally associated with the practice of a trade, craft or occupation if the person has the skills and qualifications necessary to practice that trade, craft or occupation,
(d) doing any work on the person's own land for the sole use of the person or the person's domestic establishment, if the work does not involve the safety, health and welfare of the general public,
(e) conducting scientific research on forest land, or
(f) doing anything that constitutes professional forestry if the person does it under the supervision of a registered member or a special permit holder acting in accordance with the special permit.
11 Sections 25 to 30 are repealed and the following substituted:
25 A person who commits an offence under this Act is liable, on conviction, for a first offence to a fine of not less than $500, for a second offence to a fine of not less than $2 500, and for every subsequent offence to a fine of not less than $5 000.
26 (1) On conviction in British Columbia or elsewhere for an indictable offence, a member is liable to have the member's registration, enrolment or special permit, as the case may be, cancelled, and by direction of the council the member's name may be erased from the register.
(2) If a person who is known to have been convicted of an indictable offence applies for registration, enrolment or special permit, the council may reject the application.
27 (1) A person who believes that a member or former member of the association has been guilty of incompetence, professional misconduct or a contravention of this Act or the bylaws may request the registrar to investigate the matter.
(2) A request for an investigation must be in writing and include particulars.
(3) The registrar,
(a) on receipt of a request for an investigation, must acknowledge the request, and
(b) must inform the person who requested the investigation of the disposition of the matter.
28 (1) An officer or committee of the association or a person designated by the council may
(a) investigate the competence or conduct of a member or former member of the association to determine if grounds exist for disciplinary action under section 30, and
(b) conduct a practice review of a member by inspecting the member's professional practice for the purpose of identifying any deficiencies in the practice or the competence or conduct of the member.
(2) If the officer, committee or person is satisfied on reasonable and probable grounds that a member or former member possesses any information, record or thing that is relevant to an investigation of a member or former member, the officer, committee or person may demand in writing that the member or former member
(a) answer inquiries of the officer, committee or person relating to the investigation, and
(b) produce the record or thing for examination by the officer, committee or person.
(3) A member or former member must comply with a demand made in accordance with subsection (2).
(4) If a member or former member who receives a demand under subsection (2) refuses or neglects to promptly comply with the demand, the association may apply to the Supreme Court for an order requiring the person to comply.
(5) The Supreme Court, on being satisfied that a member or former member has contravened subsection (3), may order that member or former member to comply and may impose requirements as to the time and manner of compliance.
(6) On application by the association, the Supreme Court may order that a person produce to an officer or committee of the association or a person designated by the council any record or thing if the court is satisfied that the record or thing is relevant to and reasonably required by the officer, committee or person for
(a) an investigation of the conduct of a member or former member, or
(b) a review of the professional practice of a member.
(7) A member or former member or other person must not refuse to comply with this section on the grounds of confidentiality.
29 (1) Every person acting under the authority of section 28 must keep confidential all
(a) information, and
(b) records
obtained or furnished under this Act or the bylaws, except insofar as the person's public duty requires, or this Act or the bylaws permit the person to make disclosure of them or to report or take official action on them.
(2) Except in respect of a proceeding under this Act or the bylaws, a person to whom subsection (1) applies must not be compelled in any civil proceeding to give evidence respecting any information or records obtained in the course of the person's duties.
30 (1) A committee appointed by the council may inquire into a member's or former member's competence or conduct, on at least 10 days' written notice setting out particulars of the complaint or matter for inquiry.
(2) For the purposes of this section, the committee appointed by council may designate a subcommittee of not less than 3 members to conduct an inquiry.
(3) If, after an inquiry, the committee appointed by council is satisfied that a member or former member is incompetent or has committed professional misconduct or has contravened this Act or the bylaws, the committee, by order, may do one or more of the following:
(a) reprimand the member or former member;
(b) suspend the member from membership;
(c) expel the member from membership;
(d) impose conditions upon the continuance of the member's membership;
(e) impose on the member or former member a fine payable to the association of not more than $10 000;
(f) impose costs against the member or former member.
(4) The committee appointed under subsection (1), and any member of the committee, has the same power for the purposes of an inquiry
(a) to summon and enforce the attendance of a witness,
(b) to compel a witness to give evidence on oath or in any other manner, and
(c) to compel a witness to produce records and things in the witness' possession or control,
as the Supreme Court has for the trial of civil actions, and the failure or refusal of a person
(d) to attend,
(e) to take an oath or affirmation,
(f) to give evidence, or
(g) to produce the records or things in the person's possession or control
makes the person, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.
(5) A member or former member whose status or conduct is under inquiry may at the member's or former member's own expense be represented by counsel at the inquiry.
(6) At an inquiry, the testimony of witnesses must be taken under oath.
(7) Witnesses may be cross examined and evidence may be given in defence and in reply.
(8) Witnesses required to attend at an inquiry are entitled to the same allowances as witnesses attending the Supreme Court.
(9) If a member or former member fails to attend at an inquiry, the committee appointed by council, on proof of service of notice, may proceed with the inquiry in the member's or former member's absence and may make its finding and its decisions without further notice to the member or former member.
31 (1) A person aggrieved by an order made by a committee of the council under section 30 (3) may appeal the order to the Supreme Court and the Supreme Court may confirm, vary or reverse the order or refer the matter, with instructions, back to the committee.
(2) An appeal to the Supreme Court must be brought within 30 days after the date of the order.
(3) An appeal from the decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
32 In a proceeding or prosecution under this Act in which proof is required that a person is or is not a member or former member of the association, a certificate purporting to be signed by the registrar that the person is or is not a member or former member is evidence of the fact so certified.
33 An action may not be brought against the association, its officers or servants, the council or a member or former member of the association for a proceeding, in good faith, taken, enforced or attempted under this Act or the bylaws.
34 Section 5 of the Offence Act does not apply to this Act or to the bylaws.
12 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: amends the definition of "practice of professional forestry" to refer to "forest land" instead of to "forest property" and to broaden the scope of that definition. Section 1 of this Bill also repeals and replaces 4 other definitions, consequentially to other amendments made by this Bill, and for reasons of housekeeping.
SECTION 2: makes a housekeeping change.
SECTION 3: adds a new provision to state the purpose of the Association of British Columbia Professional Foresters.
SECTION 4: changes the number of members of the association who may require the council to call a meeting from 25 to 100, thereby reflecting increased membership in the association. Also, section 4 of the Act is changed so that the procedure for giving notice of meetings of the association may be dealt with by bylaw.
SECTION 5: limits the number of councillors of the association to 13, provides for the Lieutenant Governor in Council to appoint 2 lay councillors and implements new procedures respecting elections to the council.
SECTION 6: amends the "bylaws" provision of the Act to permit bylaws for the establishment and administration of standards for maintaining membership, bylaws for regulating the practice of professional forestry and for setting standards for such practice, bylaws for the establishment of categories of membership and bylaws for the establishment and regulation of categories of special permits. Section 6 of this Bill also makes housekeeping changes.
SECTION 7: broadens the scope of council's discretion to pass resolutions by permitting resolutions for the reinstatement of members of the association and resolutions for the "discharge of the business and affairs of the association" and makes housekeeping changes.
SECTION 8: reenacts section 9 (2) and (3) of the Act, dealing with bylaw procedures, to require them to be filed with the Minister of Forests instead of the Provincial Secretary, to remove the 10 day time limit for filing and to clarify that a disallowed bylaw has no effect.
SECTION 9: reenacts sections 10 to 18 (1) of the Act to make the following amendments:
Section 10: to remove an unnecessary reference to "secretary treasurer", and to make specific reference to registered members, enrolled members and special permit holders;
SECTION 10: reenacts sections 19 to 21 of the Act to refer to a "special permit" instead of to a "temporary permit" or "permit", to improve readability and to clarify, and strengthen section 21 dealing with the subject of "unauthorized practice". Subsection (4) (g) of the reenacted section 21 is new, and will allow persons working under the supervision of a forester to carry out work that constitutes professional forestry.
SECTION 11: replaces sections 25 to 30 of the Act with sections 25 to 34 to make the changes described below:
Section 25: is reenacted to increase the penalties for offences under the Act;
Section 26: is reenacted to improve readability, add references to "special permit" and to remove the provision that currently allows any 3 complainant professional foresters to initiate an inquiry into the conduct of another. This provision becomes redundant because of the addition of section 27;
Section 27: is a new provision that sets out the process for dealing with complaints made by the public about the professional conduct of members and former members of the association;
Section 28: replaces section 27 of the present Act to provide for investigations into the competence or conduct of members or former members of the association, and to authorize a committee of the association to conduct "practice reviews" for the purpose of identifying any deficiencies in the practice or the competence or conduct of the member;
Section 29: is a new provision intended to protect the confidential information gathered in an investigation conducted under section 28 of the Act;
Section 30: sets out hearing and inquiry powers and procedures for disciplinary proceedings under the Act. By giving the inquiry function to a committee of the association, the council of the association is separated from the inquiry process;
Section 31: continues the present appeal mechanisms, clarifies the powers of Supreme Court and substitutes a reference to "person" for the more specific "member", to take into account that disciplinary provisions will apply additionally to former members;
Section 32: reenacts the "Evidence" provision to add a reference to "former member";
Section 33: adds a reference to "former member" and, consequentially, to repeal of section 10 (3) of the Act. It also removes a reference to "rules";
Section 34: Section 5 of the Offence Act provides for a "general offence" for the purpose of other enactments that do not state that contravention of specified provisions constitutes an offence. Section 34 disapplies that section of the Offence Act for the purposes of the Foresters Act which specifically identifies the provisions which it is an offence to contravene.
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