BILL 41

An Act Respecting The Association of Registered Professional Foresters of New Brunswick

WHEREAS The Association of Registered Professional Foresters of New Brunswick prays that it be enacted as hereinafter set forth;

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 This Act may be cited as the New Brunswick Foresters Act, 2001.

2 In this Act, unless the context otherwise requires,

"Association" means The Association of Registered Professional Foresters of New Brunswick continued under section 3;

"Board" means the Board of Examiners of the Association as provided for in section 15;

"By-Law" means a By-Law of the Association;

"forester" means a person who is a graduate of a degree granting forestry institution whose program of studies meets the criteria defined in the By-Laws;

"practice of forestry" means the application of scientific principles to the management of forest ecosystems including, but not limited to:

(a) planning, directing and monitoring of integrated forest management;

(b) designing, specifying or approving methods for, or directing the undertaking of

(i) conservation and reclamation of forests and forest land,

(ii) evaluation of forests and forest land,

(iii) classification and inventory of forests and forest land,

(iv) silvicultural prescriptions and treatments of forest stands including timber harvesting,

(v) protection of forests and forest land,

(vi) planning, locating and approving forest transportation systems including forest roads,

(vii) teaching of forestry subjects at university and technical levels, and

(viii) research pertaining to the management of forests and forest land;

(c) assessing the impact of planned activities on forests and forest land; and

(d) providing advice, performing or directing works, services or undertakings whether or not in return for a fee or remuneration;

"Registered Professional Forester" means any person registered under this Act;

"registration" means the recording in a book of registry called the "register", of the name of a person recommended by the Board and admitted by the Executive Committee, to practise as a forester in the Province of New Brunswick.

3(1) The Association of Registered Professional Foresters of New Brunswick is hereby continued under this Act as a body corporate and politic under the name "The Association of Registered Professional Foresters of New Brunswick".

3(2) Those persons who, at the coming into force of this Act, are members of The Association of Registered Professional Foresters of New Brunswick shall be deemed to be members under this Act.

4 The Head Office of the Association shall be in the City of Fredericton or such other place or places as may be fixed by the By-Laws.

5 The objectives of the Association are

(a) to assure the general public of the proficiency, competency and integrity of the Registered Professional Foresters of the Province of New Brunswick in the practice of forestry and in their professional conduct,

(b) to encourage a wider understanding of forest management and to improve the practice of forestry in the province, and

(c) to promote and increase the knowledge, skill and proficiency of its members in matters relating to the practice of forestry.

6 The Association shall have all powers ordinarily incident to a corporation under the Companies Act and power to acquire and hold real and personal property, and to sell, exchange, mortgage, lease, let, improve, and develop the same or any part thereof, and to sue and be sued.

7 The officers of the Association shall consist of a President, a Vice-President and a Secretary-Treasurer, each of whom shall be elected as specified in the By-Laws.

8 A vacancy in any office of the Association or on the Executive Committee, except the office of the President, shall be filled by a person appointed by the Executive Committee from the membership of the Association but such appointment shall only be effective until the first General Meeting of the membership of the Association following such appointment.

9(1) The affairs of the Association shall be conducted by the Executive Committee of the Association consisting of the officers of the Association, the immediate Past President of the Association, and four Councillors.

9(2) The Councillors of the Executive Committee shall be elected as specified in the By-Laws.

9(3) The Executive Committee may appoint, subject to ratification by the Association at a General Meeting, an Executive Director and may delegate to the Executive Director authority to manage and direct the business and affairs of the Association, other than those matters which by law must be performed or transacted by an officer of the Association.

10 At any meeting of the Executive Committee, four members, one of whom must be the President or Vice-President, shall constitute a quorum for the transaction of business.

11 The Executive Committee shall call at least one General Meeting of the membership of the Association in each calendar year.

12 At any General Meeting of the Association, one-fifth of the members of the Association resident in the province shall constitute a quorum for the transaction of business.

13 At least once each calendar year, the books of the Association shall be audited by a person not a member of the Association which person shall be selected from time to time by the membership of the Association at a General Meeting and the report of the auditor shall be read at the General Meeting following such audit.

14(1) Any person may be admitted into membership by the Executive Committee

(a) by filing with the Association an application in the form prescribed by the By-Laws,

(b) by paying the membership fee as set out in the By-Laws, and

(c) by satisfying the Board of Examiners that he or she has complied with such further requirements as may be fixed in the By-Laws.

14(2) Notwithstanding anything contained in this section, the Executive Committee may upon payment of the membership fee admit into membership in the Association any person who qualifies as set out in the By-Laws or who is a member in good standing of an Association of Foresters in any other jurisdiction and who is recommended by the Board of Examiners if the Board is satisfied

(a) that the requirements for admission into the Association of Foresters of such other jurisdiction are as high as those of The Association of Registered Professional Foresters of New Brunswick, and

(b) that the Association of Foresters of such other jurisdiction admits members of The Association of Registered Professional Foresters of New Brunswick into its membership on payment of its membership fee.

15(1) The Board of Examiners referred to in section 14 shall consist of the Vice-President of the Association and four members as specified in the By-Laws.

15(2) A member of the Board of Examiners may, in addition, be either an officer of the Association or a member of the Executive Committee.

15(3) The Board's decision shall be valid if passed by a simple majority vote of the members of the Board.

16(1) The Executive Director shall

(a) keep and maintain a register of the membership of the Association and shall record in such register the names of all persons admitted to membership in the Association,

(b) keep the register correct in accordance with this Act and the instructions of the Executive Committee, and

(c) prepare a copy of the register or extracts therefrom and any such copy shall be received by all courts as evidence of the contents of the register or extract therefrom.

16(2) A certificate of the Executive Director certifying that a person's name does not appear on the register is prima facie evidence that such person is not a member of the Association.

16(3) Only those persons whose names appear in the register shall be entitled to the privileges pertaining to membership in the Association.

17 The Association shall maintain a disciplinary process to be followed in the event of complaints against a member in the practice of forestry, the procedures and penalties being set out in the By-Laws.

18 The Association may, at a General Meeting, adopt By-Laws not contrary to law or the provisions of this Act, for all purposes relating to the affairs, business, and property of the Association, its management, government, objectives and interests, including:

(a) the election of the Executive Committee; and the election or appointment of such officers of the Association as may be necessary for carrying out the purposes of the Association, and prescribing their duties and responsibilities;

(b) fixing the dates and places of meetings of the Executive Committee and prescribing the manner of calling and conducting such meetings;

(c) the fixing and collecting of fees payable upon application for registration and renewal of registration, and prescribing the penalties for failure to make such payments, and the keeping of a register of members and conditions and procedure of registration, annual renewal of registration and the cancellation or suspension of the registration;

(d) the management of the property of the Association; and governing the expenditures and dispositions of the revenue of the Association and prescribing the books and records to be kept for audits;

(e) the qualifications of membership in addition to those prescribed in section 14;

(f) regulating the conduct of the members of the Association including the suspension or expulsion of any member for misconduct or violation of the By-Laws of the Association;

(g) the form of application, the examination of applicants and proof of academic qualifications, experience in the practice of forestry, and any other qualifications required for registration; the re-examination of applicants and the procedure and conditions of restoring registration where such registration has been cancelled or suspended by the Executive Committee; and

(h) any other matter deemed necessary or advisable for the effective management of the Association and the conduct of its business.

19(1) Every Registered Professional Forester may have and use a seal with which to stamp or seal any document or plan made or issued by such Registered Professional Forester.

19(2) The seal shall contain the name and the registration number of the member, and the words "Registered Professional Forester, Province of New Brunswick".

20 Only persons who are members in good standing of the Association may

(a) use the designation "Registered Professional Forester",

(b) use the initials "RPF", and

(c) represent himself or herself to be registered under this Act.

21 No proceedings shall be commenced for any violation of the provisions of this Act but within one year from the date of such violation.

22(1) Nothing in this Act shall affect the powers and duties, tenure of office, or terms of remuneration of any officer or employee or member of the Executive Committee of the Association, or anything done or suffered, or any right, title or interest acquired before the commencement of this Act, or any legal proceedings or remedy in respect of any such thing, right, title or interest.

22(2) Until repealed, altered or amended pursuant to this Act, any By-Law made or fees prescribed under any enactment repealed by this Act and in force at the commencement of this Act shall, notwithstanding any conflict with this Act, continue in force and have effect as if made or prescribed under this Act.

23 AN ACT TO INCORPORATE THE ASSOCIATION OF REGISTERED PROFESSIONAL FORESTERS OF NEW BRUNSWICK, chapter 66 of 7 Elizabeth II, 1958, is repealed.