LEGALESE

Enshrined in legislation: Statute (Act), Regulation, Decree (only get within government), Order (do or not do)

Act

main guiding legislation: broad, all encompassing

passed by legislature

presented to legislature as a bill

three readings – vote on third

Royal Assent given by Lieutenant Governor-In-Council

amendments have to go through same process

enabling legislation: sets forth the fundamental powers and legal authorization

Act provides authority to make regulations

Regulations

interpretation of the Act for implementation

combines with policies to implement the enabling legislation

passed by Lieutenant Governor-In-Council or Cabinet (Ministers and Premier)

Order-In-Council

Not as strong as Regulation, but must go through Cabinet and be approved by Lieutenant Governor-In-Council

FMAs are approved by Order-In-Council under authority of the Forests Act

Ministerial Regulations

Minister may have authority to make Ministerial Regulations

e.g. fees for fire fighters

Bylaws

passed by the CAPF membership

Act authorizes bylaws covering governance of council, elections, forms, costs, etc. (enshrined in legislation)

Codes

passed by the CAPF membership

authority given by Act to make a code of ethics and standards of practice

similar in nature to a bylaw

Policy

how to carry out Acts and Regulations in practice

Government’s intent in applying or administering Regulations/Acts

set out but not enshrined in legislation

CAPF councils often create; not approved by membership (lower than a bylaw or code)

Directives

further implementation of the Act, Regulation of Policy

main focus is on implementation (Bureaucratic level)

Practice of Forestry (RFP Act)

RPFs and RPFTs carry on the practice of forestry

The Practice of forestry is defined as the development, acquisition, or application of scientific principles and practices relating to forestry, products of forested land and integrated management of forested land and include, without limitation:

  • the inventory, classification, appraisal and evaluation of forests and forested land
  • the development and implementation of programs for harvesting and renewal of forests/forested land
  • the conservation, reclamation, improvement or protection of forests, forested land or forest soils for forestry purposes
  • the preparation of forest management plans, the development of integrated resource management plans and administration of forested land
  • the teaching of forestry at a college, technical institute or university
  • the conducting of research activities related to forestry

LEGISLATION LIST

Regulated Forestry Professionals Act (April 25, 200)

Registered Professional Foresters Regulations (April 25, 2002)

Registered Professional Forest Technicians Regulations (April 25, 2002)

Expenses and Review Fees Regulations (April 25, 2002)

College of Alberta Professional Foresters Code of Ethics and Standards of Practice (June 26, 2003)

College of Alberta Professional Foresters Bylaws (March 1, 2002)

LEGISLATION SUMMARY

Regulated Forestry Professionals Act (April 25, 2002)

establishes the profession of forestry in Alberta

defined practice of forestry

establishes the protected titles

establishes the colleges (CAPF and CAPFT) which regulates their members

defines the structure and authority of the Council and key Committees

of particular note:

  • Part 1 – Governance – lists objectives of the college, key standing Committees and key positions
  • Part 2 – Registration – mandatory registration and practice permits
  • Part 3 – Continuing Competence – gives authority to establish a program
  • Part 4 – Professional Conduct – outlines the complaint process and appeal levels
  • Part 5 – Business Arrangements – overview of conducting a practice
  • Part 6 – Other matters – overview of rules for suspending a permit
  • Part 7 – Title Protection – establishes College’s title and protects professional titles
  • Part 8 – Regulations, Bylaws, Code of Ethics and Standards of Practice – give authority
  • Part 10 – Profession – Specific Provisions – Schedule 1 applies to CAPF

Registered Professional Foresters Regulations (April 25, 2002)

additional detail on many topics dealt with in the act, aimed specifically at professional foresters

outlines regulation requirements and practice permit conditions

indicates that RPFs must comply with the Continuing Competency Program

describes the process for reinstatement of registration and practice permits

describes the categories of regulated members

establishes the 4 regulated member registers

describes the use of titles, abbreviations and initials

explains what parts of the Register information are considered public2

Registered Professional Forest Technicians Regulations (April 25, 2002)

additional detail on many topics dealt with in the act, aimed specifically at professional forest technologists

similar but not identical to the RPF regulations, e.g.

Division 1 – General Registration

Division 5 – Categories of Regulated Members

Division 6 – Registers

Division 7 – Use of Titles, Abbreviations and Initials

Expenses and Review Fees Regulations (April 25, 2002)

establishes the College’s authority to order/direct the investigated person to pay investigation or hearing fees

establishes the College’s authority to set fees for reviewing decisions made by the Registration committee

College of Alberta Professional Foresters Code of Ethics and Standards of Practice (June 26, 2003)

outlines and clarifies the expectations in behaviour of all members

the Code is the basis for determining unprofessional conduct

is a requirement of the Registered Forestry Professionals Act

College of Alberta Professional Foresters Bylaws (March 1, 2002)

establishes details of administration of the CAPF

general requirements for operation of the CAPF including

  • Council election procedures
  • various membership categories and rights
  • various Committees and their responsibilities

HISTORY

Canada has oversight on national issues

Alberta is responsible for natural resources

Began with British need for timber

Crown Timber Acts 1826 & 1849

sale of timber not fit for navy

first step towards harvesting rights for colonists

land remained ownership of the Crown – rights to timber only

watershed division between US & Canada (philosophically)

Alberta in 1860’s was under Dominion of Canada – Dominion Lands of the NWT

In 1867 the British North America Act gave the Provinces ownership of timber and forests

intended to pay for infrastructure and costs of governance

did not apply to Alberta as not a Province

In 1872 the Dominion Lands Act enabled homesteading and timber sales in Lands of NWT

wanted to fill with Brits to prevent US invasion

still retention of government ownership in forested lands

Removal of forests by fire leading to soil loss (agri concerns)

established Dominion Forestry Branch in 1899 to deal with this

In 1905 Alberta became a Province

the Feds didn’t give them rights to natural resources (gave grants instead)

did get benefits from resource extraction

In 1906 and 1911 Forest Reserves Acts and Dominion Lands Act

established forest reserves on Dominion Forest Lands

timbers sales under Dominion Lands Act

Fire, fire, fire – started grazing to reduce grasses in forests, etc.

Early 1900’s – bad attitudes

cut the trees and the rest will follow (all other resources will rebound)

protection more important than reforestation

Transfer of Resources Act 1930

transfer of control over natural resources from Feds to Province

required 6 new Acts very quickly

then straight into the depression

Green Zone OC 1948

divided landbase into areas suitable for agriculture vs. forests

based on justifying removal of forests to make agricultural space

First forested landbase inventory 1949

Start of tree planting in 1956

Forests Act Revision 1949

first consolidated legislation in Alberta for forest management

provides for cost sharing between Govt and Industry for regeneration

government did not have enough money to undertake on their own

first cost sharing agreement 1954

FMAs took care of reforestation obligations under their agreements (pulp)

Quota system established in 1966

based on amendment to the Forests Act in 1964

to get the sawmill industry committed to paying for regeneration

requirement to regenerate in exchange for assured quota

CURRENT ISSUES

National Forest Strategy

Forest Certification

Canadian Biodiversity Strategy

Endangered Species Act

Kyoto Agreement

Alberta’s Rural Economies

Canadian Environmental Assessment Act

Alberta Wildlife and Fisheries Act

Yellowstone to Yukon

Boreal Campaign

PARADIGM SHIFTS

Move from sustained yield to sustainable forest management

Move from administrative rules to management by objective

Integration of forest management and forest protection objectives

Development of tenure renewal procedures

Enhanced forest management implementation

Delegated authorities (e.g., FRIAA)

Countervail Duty investigation and results
PROFESSIONALISM

List the requirements to become an RPF

Describe how professionals are affected by the Law of Professional Negligence

Describe the importance of due diligence to a regulated professional

Describe the connection between the complaint process and the Code of Ethics

Explain the distinction between regulations and bylaws

Describe the influence of the CAPF Bylaws on your practice

Describe the importance of continuing competency to a regulated member

Membership

Two categories of membership – Regulated and Non-Regulated Members

Two categories of Regulated Members (RPF regulations)

  • Registered Professional Forester (includes Conditional and Temporary)
  • Conditional register
  • satisfied all of the registration requirements except for passing the professional examination
  • 18 months to complete
  • Temporary register
  • primary residence is outside Alberta
  • not more than 12 months allowed
  • Forester-In-Training

Four types of Regulated Registers (CAPF Bylaws)

  • Main benefits of membership are:
  • attend AGM and special general meetings as a voting member
  • receive College newsletter
  • receive Council information
  • receive benefits, duties, responsibilities conferred by the Acts, Regulations and Bylaws
  • receive use of titles
  • Registered Professional Foresters register
  • all of the benefits above
  • Conditional register
  • all of the above but cannot serve on Council
  • Temporary register
  • all of the above but cannot serve on council and not subject to continuing competence
  • not subject to automatic CIF membership
  • Forester-In-Training register
  • don’t get #4
  • can serve on any committee except Registration or Competence

Five types of Non-Regulated Registers

  • Main benefits of membership are:
  • attend AGM and special general meetings as a non-voting member
  • receive the College newsletter
  • receive Council information
  • Syllabus members
  • good people with limited education but experience and character, returning to school to try to get enough education to register
  • Retired members
  • no full or part time forestry work, and no income from forestry work
  • Honorary members
  • contributed to the advancement of forestry
  • Non-resident members
  • not in Alberta and not practicing Alberta forestry
  • Inactive members
  • must have anticipated return date; between 6-36 months

Application for registration as a regulated member requires (RPF Act 22(1))

evidence of meeting the requirements for competence in 22(2) (see Mandatory registration section)

payment of fees outlined in bylaws

evidence of liability insurance, if required by regulations

evidence of Canadian citizenship/eligibility to work in Canada, if required by regulations

evidence of good character/reputation, if required by regulations

evidence of meeting language requirements, if required by regulations

any information required by Registrar for the Register

  • full name
  • unique registration number
  • conditions imposed on member’s practice permit
  • status of the member’s practice permit (suspended or cancelled)
  • other info required

Regulated Members

Entry standards (Registered Professional Foresters Regulations)

  • all types need to be a Canadian citizen or allowed to work, and have good character/reputation
  • A person can apply to be a Forester-In-Training when
  • has “substantially completed” education requirements (Canadian Forestry Accreditation Board - CFAB - accredited or council approved degree, or core courses in Council stipulated areas)
  • Forester-In-Training can apply to be a Registered Professional Forester when
  • completed academic requirement (B.Sc. in forestry from an accredited forestry program, or equivalent);
  • completed 2 year work experience under approved RPF’s guidance, or equivalent; and
  • successful completion of the professional exam
  • Registered Professional Forester from another organization/province can apply when
  • registered in good standing with a recognized forestry organization/provincial association
  • current standing is not non-practicing or temporary in that organization/association
  • successful completion of the professional exam (Conditional until then)
  • A non-FIT, non-RPF can apply when
  • proof of substantially equivalent education and experience
  • successful completion of courses, exams or experience required by Council
  • membership in good standing elsewhere
  • successful completion of the professional exam (Conditional until then)

Practice standards

  • under Act and regulations
  • complaints process
  • continuing competence program * only for RPFs
  • code of ethics and standards of practice
  • meeting annual registration requirements
  • payment of dues
  • remittance of Registration Update Form
  • remittance of Continuing Forestry Education Form
  • remittance of Practice Permit Application
  • good character
  • eligibility to work

Conditions on Practice Permits (Registered Professional Foresters Regulations)

Conditional or Temporary RPFs and FITs may include

  • completion of exams, tests, apprenticeships, etc.
  • required to practice under supervision of an RPF
  • limit of practice to specified areas
  • requirement to report to Registrar on specific matters
  • time limit on Practice Permit
  • limitation on use of titles
  • prohibition from supervising FITs or RPFs

Registered Professional Foresters may include

  • completion of continuing competence requirements
  • required to practice under supervision of an RPF
  • requirement to report to Registrar on specific matters
  • time limit on Practice Permit
  • limitation on use of titles

Public Information from Register (released to public on request)

date of registration

category of regulated member

basis of qualification for membership

date of birth

name of current employer or firm where RM has a proprietary interest

business telephone number, fax and email

current status of a specific complaint (public must supply details of complaint first)

any other information the college has if RM authorizes its release

Governance of the Regulated Members (CAPF Bylaws)

Council, President and Registrar established under the Act

Council is comprised of voting and non-voting members

  • President (also Chairperson of the Council, Officer of the Council)
  • Vice President (also Officer of the Council)
  • Past President (also Officer of the Council)
  • 6 Council members (Directors of the Council)
  • all of the above elected from the Registered Professional Foresters Register and are voting members
  • 25% of voting members must be public members (3)
  • non-voting members:
  • Registrar (appointed by Council, must be on RPF Register)
  • legal advisor (appointed by Council)
  • elections:
  • President becomes Past President
  • Vice President generally nominated and elected as President
  • President, Vice President and Past President are one year terms
  • All others are two year terms

Committees

  • Council appoints a chairperson for each committee and established terms of reference
  • the chairperson appoints committee members
  • standing committees are:
  • Competence Committee
  • minimum 3 members, 2 must be regulated members
  • appointed by Council
  • Registration Committee
  • makes decisions on applications
  • minimum 3 members, 2 must be regulated members
  • appointed by Council
  • Policy, Act, Regulation and Bylaws Committee
  • Finance Committee
  • Executive Committee
  • directs the affairs of the College subject to the instructions of the Council
  • President, Past President and Vice President, plus Registrar
  • if one is unable to act, a replacement is selected from the Council
  • Nominating Committee
  • prepares the list of nominees for Council
  • made up of the past president who can appoint additional two voting members
  • Hearings Tribunal and Complaint Review Committee
  • Complaints Director
  • appointed by Council
  • can be delegated to Registrar or regulated member
  • Hearings Director
  • appointed by Council
  • regulated member
  • committees themselves must be at least 25% public members
  • Membership List used by HD to appoint regulated members to HT or CRC
  • Membership List minimum 4 regulated members; select a minimum of 2

Law of Professional Negligence (Curtis)

The law of professional negligence makes it clear that professionals are personally responsible and liable for their negligent actions

Foresters are subject to different types of accountability

  • administrative – requirements from your employer (duties, production targets, codes of conduct)
  • ethical – guidelines imposed by a governing professional organization
  • legal – duties and standards imposed on professionals by law

As professionals, all foresters are subject to the law of professional negligence (private law)

Duties of care are based on avoidance of foreseeable risk, including the duty to:

  • apply a reasonable level of skill and diligence
  • warn principals and third parties in a relationship of proximity of risks inherent in a course of action
  • avoid foreseeable harm, even if a customary practice is involved

Standard of care is the level of skill that must be applied, below which the court of law may find negligence

  • skill of an average, reasonably competent and prudent practitioner of similar experience and standing
  • can be considered the standard of care, but may not arguable as a defense if the customary practice was negligent or did not prevent a known risk from causing harm

Not everyone can sue – they have to have standing – that is, a stake in the outcome of the legal proceedings

Limiting liability

  • You can write it into a contract, but in some places it will be difficult to get someone to sign, and/or made illegal by the governing body of the profession (e.g., Quebec’s code of ethics)
  • You can get errors and omissions insurance to indemnify against damages awarded
  • The best way to limit liability is through
  • maintaining continuing competence
  • bringing a reasonable level of skill and diligence to actions and statements
  • essentially, following the ethics and standards of practice set out by the CAPF
  • Civil liability does not do a good job in regulating the forestry profession because it is reactive, and the results of poor practices may take a long time to make them selves apparent; litigation is also costly and time consuming

Registered Professional Forest Technologists

  • basically there is no work experience under a mentor, and no FIT as a result
  • there is no FIT Register, but all others are the same
  • three ways to apply for the RPFT
  • all types need to be a Canadian citizen or allowed to work, and have good character/reputation
  • A person can apply to be a Registered Professional Forest Technologist when
  • completed academic requirements (Forest Tech diploma or equivalent)
  • no requirement for experience
  • successful completion of the professional examination
  • A Registered Professional Forest Technologist from another organization/province can apply when
  • registered in good standing with a recognized forestry organization/provincial association
  • current standing is not non-practicing or temporary in that organization/association
  • successful completion of the professional exam (Conditional until then)
  • A non-FIT, non-RPF can apply when
  • proof of substantially equivalent education
  • successful completion of courses or exams required by Council
  • membership in good standing elsewhere
  • successful completion of the professional exam (Conditional until then)

Expenses and Review Fees