jswizzle3737/ontario_laws_and_regs huggingface dataset:
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” means good forestry practices as defined in subsection 1 (1) of the Forestry Act; (“bonnes pratiques forestières”) “member” means a member of the Association; (“membre”) “Minister” means the Minister of Northern Development, Mines, Natural Resources and Forestry or any other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”) “Registrar” means the Registrar of the Association; (“registrateur”) “Regulations” mean the regulations made under this Act. (“règlements”) “sustainability” means, in respect of a Crown forest, the sustainability of a Crown forest as determined in accordance with section 2 of the Crown Forest Sustainability Act, 1994
and, in respect of all other forests, the long term health of such forests; (“durabilité) “urban woodlands” means woodlands found in an urban environment, including those in riparian areas, ravines and wetlands; (“terrain boisé urbain”) “woodlands” means woodlands as defined in subsection 1 (1) of the Forestry Act; (“terrain boisé”)  2000, c. 18, s. 1; 2021, c. 34, Sched. 21, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 21, s. 1 (1, 2) - 02/12/2021
2 The Minister is responsible for the administration of this Act.  2000, c. 18, s. 2.
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). Exclusions (2) The practice of professional forestry does not include acts performed in relation to the management or manipulation of forests if they are performed, (a)  personally by individuals on land which they own; (b)  by a person acting within the scope of practice of a profession, trade or occupation that is listed in the regulations; (c)  by persons responding to an emergency situation such as a forest fire; (d)  by persons acting under the supervision of a member; (e)  by students enrolled in a forestry education program and under the supervision of the course instructor in the program; (f)  by a member of the armed forces while on duty; or (g)  by a person engaged in scientific research.  2000, c. 18, s. 3 (2). (3) Repealed: 2021, c. 34, Sched. 21, s. 2 (2). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 21, s. 2 (1, 2) - 02/12/2021 PART II   ONTARIO PROFESSIONAL FORESTERS ASSOCIATION
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 (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 of professional ethics for members. 6.  To receive and investigate complaints and allegations against members and to deal with issues regarding discipline, incapacity and unskilled practice. 7.  To promote public awareness of the role of the Association and to communicate with the public on behalf of its members. 8.  To provide vocational guidance to persons wishing to enter the forestry profession. 9.  To perform any other duties and exercise any other powers as are imposed or conferred upon the Association under any Act. 10.  To perform such additional functions relating to the practice of professional forestry that the Council considers desirable and that do not conflict with the intent or purpose of this Act, the regulations, or the by-laws.  2000, c. 18, s. 5 (2). Powers (3) For the purpose of carrying out its objects, the Association has the capacity and the powers of a natural person.  2000, c. 18, s. 5 (3).
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 (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 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 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.
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 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 (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 submit a report to the Minister respecting the compliance.  2000, c. 18, s. 12 (2). Regulations (3) If the Minister requests the Council to make, amend or revoke a regulation under clause (1) (d) and the Council does not do so within 60 days, the Lieutenant Governor in Council may make a regulation to do the thing requested of the Association under clause (1) (d).  2000, c. 18, s. 12 (3). Same (4) For the purposes of subsection (3), the Lieutenant Governor in Council may make a regulation with respect to any matter that the Council may make a regulation under section 52.  2000, c. 18, s. 12 (4). Conflict (5) If there is a conflict between a regulation under section 52 and a regulation made under subsection (3), the regulation made under subsection (3) prevails.  2000, c. 18, s. 12 (5). Copies of regulation (6) The Council shall ensure that a copy of each regulation made under subsection (3) is available for public inspection in the office of the Association.  2000, c. 18, s. 12 (6). Same (7) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any regulation made under subsection (3).  2000, c. 18, s. 12 (7). Expenses of Association (8) The Minister may pay the Association for expenses incurred in complying with a requirement or request made under subsection (1).  2000, c. 18, s. 12 (8).
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 (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 at least two months notice of the default and intention to cancel.  2000, c. 18, s. 14 (4). Continuing jurisdiction (5) A person whose certificate of registration is cancelled, revoked or suspended or who resigns as a member remains subject to the continuing jurisdiction of the Association in respect of a complaint, investigation or disciplinary action arising out of his or her conduct while a member.  2000, c. 18, s. 14 (5). Designation (6) Every member of the Association shall have the right to use the designation “Registered Professional Forester” and may use the initials “R.P.F.” indicating that he or she is a registered professional forester unless the by-laws provide otherwise.  2000, c. 18, s. 14 (6). Same, prohibition (7) No person, other than a member, shall, (a)  use the designation “Registered Professional Forester” or the initials “R.P.F.”, or any name, title, abbreviation or description in any language implying or which may lead to the belief that the person is a registered member of the Association; or (b)  identify themselves by a title or term in any language that includes the words “professional” and “forester” together or any variations or abbreviations of those words or the initials “P.For.”. 2021, c. 34, Sched. 21, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 21, s. 3 - 02/12/2021
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 (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 revoke a regulation or by-law or any standard adopted pursuant to a regulation or by-law.  2000, c. 18, s. 16 (4). PART III   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 (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 (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. 19 (2). Terms, etc., attached (3) Where the Registration Committee is of the opinion that a certificate of registration should be issued to an applicant with terms, conditions or limitations imposed, (a)  the Committee may instruct the Registrar to do so if the applicant consents to the imposition of the terms, conditions or limitation; and (b)  if the applicant does not give his or her consent, the Committee shall not instruct the Registrar to impose terms, conditions or limitations on the certificate unless notice is given to the applicant in accordance with subsection 20 (1).  2000, c. 18, s. 19 (3).
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, 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, c. 18, s. 20 (5). Power of Registrar where no reconsideration (6) Where the applicant does not make a request under subsection (4), the Registrar shall carry out the proposal stated in the notice under subsection (1).  2000, c. 18, s. 20 (6). Same (7) Where the Registrar imposes terms, conditions or limitations on a certificate of registration under subsection (6), the member may not apply under section 22 for the removal or modification of the terms, conditions or limitations earlier than one year from the date that the Registration Committee instructed the Registrar to imposed the terms, conditions or limitations.  2000, c. 18, s. 20 (7). Exception (8) Despite subsection (7), a member may make an application under section 22 before the end of the one-year period with the consent of the Registration Committee.  2000, c. 18, s. 20 (8).
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 giving a direction under this section, the Registration Committee need not hold a hearing and, except as provided by this section, need not afford to any person an opportunity to make oral or written submissions.  2000, c. 18, s. 22 (5). Orders (6) After considering the application, the submissions and any document that the Committee considers relevant, the Registration Committee may make an order doing one or more of the following: 1.  Refusing the application. 2.  Directing the Registrar to remove any term, condition or limitation imposed on the certificate of registration. 3.  Directing the Registrar to impose specified terms, conditions or limitations on the certificate of registration.  2000, c. 18, s. 22 (6). Limitations on application (7) The Registration Committee, in disposing of an application under this section, may fix a period of not longer than six months during which the applicant may not make another application under subsection (1).  2000, c. 18, s. 22 (7). Order to return fee (8) The Registration Committee may order that the fee paid under subsection (2) be returned to the applicant where, in the opinion of the Committee, to do so would be appropriate in all the circumstances.  2000, c. 18, s. 22 (8). Service of decision on applicant (9) The Registration Committee shall give its decision under this section in writing, with reasons, and shall serve the applicant with a copy.  2000, c. 18, s. 22 (9). Register and directory
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 the decision or order that results in an entry under this subsection; and (h)  any other information authorized or prescribed to be entered by the by-laws.  2000, c. 18, s. 23 (1). Directory (2) The Registrar shall maintain a directory in which is entered the name, address, telephone number and employer of each member of the Association.  2000, c. 18, s. 23 (2). Inspection (3) Any person has the right, during normal business hours, to inspect the register and directory maintained by the Registrar unless the Registrar believes that it would jeopardize the safety of any person.  2000, c. 18, s. 23 (3). Form of register and directory (4) The Registrar may maintain the register and directory mentioned in subsections (1) and (2) in a written form or in any electronic or other medium that provides a visual display of recorded information.  2000, c. 18, s. 23 (4). Copies (5) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of the register or directory referred to in subsections (1) and (2), respectively.  2000, c. 18, s. 23 (5).
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, s. 24 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 8 (1) - 15/12/2009 PART IV   COMPLAINTS COMMITTEE
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
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 been notified of the complaint and given at least 30 days in which to submit in writing to the Committee any explanations or representations the member may wish to make concerning the matter; and (c)  the Committee has examined or has made a reasonable effort to examine the information and documents that the Committee believes are relevant to the complaint.  2000, c. 18, s. 26 (3). Same (4) Notice of a complaint under clause (3) (b) shall include reasonable particulars about any allegations contained in the complaint.  2000, c. 18, s. 26 (4). Direction (5) The Complaints Committee in accordance with the information it receives may, (a)  direct that the matter be referred, in whole or in part, to the Discipline Committee; (b)  direct that the matter not be referred under clause (a); or (c)  take such action as it considers appropriate in the circumstances and that is not inconsistent with this Act, the regulations or the by-laws.  2000, c. 18, s. 26 (5). Same (6) The Complaints Committee shall give its decision in writing to the Registrar for the purposes of subsection (7) and, except where the decision is made under clause (5) (a), its reasons for the decision.  2000, c. 18, s. 26 (6). Notice (7) The Registrar shall provide the complainant and the person complained against with a copy of the written decision made by the Complaints Committee and its reasons for the decision, if any.  2000, c. 18, s. 26 (7). No hearing (8) Before making a decision or giving a direction under this section, the Complaints Committee need not hold a hearing and, except as provided by this section, it need not afford to any person an opportunity to make oral or written submissions.  2000, c. 18, s. 26 (8). Timely disposal (9) The Complaints Committee shall use its best efforts to dispose of a complaint within 120 days of it being filed with the Registrar, although failing to do so does not affect the validity of the decision or direction of the Committee.  2000, c. 18, s. 26 (9). PART V   DISCIPLINE COMMITTEE
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
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).
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.
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 Committee of a person sitting for the hearing expires or is terminated, other than for cause, before the proceeding has been disposed of but after evidence has been heard, the person shall be deemed, for the purposes of dealing with that matter, to remain a member of the panel until the final disposition of the matter.  2000, c. 18, s. 30 (4). Incapacity of member during proceeding (5) Where the Discipline Committee commences a hearing and any member of the Committee becomes unable to continue to act, the remaining members may complete the hearing despite the absence of the member and may render a decision as effectually as if all members of the Committee were present throughout the hearing, despite the absence of a quorum of the Committee.  2000, c. 18, s. 30 (5).
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).
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 exclude the public from all or part of a hearing under subsection (2).  2000, c. 18, s. 32 (3). Orders preventing public disclosure (4) In any situation in which an order may be made under subsection (2) or (3), the Discipline Committee may make orders it considers necessary to prevent the public disclosure of information disclosed at the hearing and may for such purpose make an order banning the publication or broadcasting of that information.  2000, c. 18, s. 32 (4).
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.
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).
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.
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).
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.
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.
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).
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.
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 (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).
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
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. 45 (3). Same (4) If an applicant’s previous application under this section was refused and the Discipline Committee did not fix a period under paragraph 7 of subsection (6), an application under subsection (1) or (2) shall not be made earlier than one year from the date of the previous order.  2000, c. 18, s. 45 (4). Referral to Discipline Committee (5) The Registrar shall refer an application under subsection (1) or (2) to the Discipline Committee.  2000, c. 18, s. 45 (5). Order (6) The Discipline Committee may, after a hearing, make an order doing one or more of the following: 1.  Refusing the application. 2.  Directing the Registrar to issue a certificate of registration to the applicant. 3.  Directing the Registrar to remove the suspension of the applicant’s certificate of registration. 4.  Directing the Registrar to impose specified terms, conditions and limitations on the applicant’s certificate of registration. 5.  Directing the Registrar to remove any term, condition or limitation on the applicant’s certificate of registration. 6.  Directing the Registrar to restore a designation as a specialist. 7.  Fixing a period during which the applicant may not apply under this section.  2000, c. 18, s. 45 (6). Application (7) Sections 29 to 41 apply with necessary modifications to a hearing under this section.  2000, c. 18, s. 45 (7).
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. PART VI   APPEALS 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 party’s expense, with a certified copy of the record of the proceeding, including any documents received in evidence and the decision or order appealed from.  2000, c. 18, s. 47 (3). Powers of court on appeal (4) An appeal under this section may be made on questions of law and the court may affirm or may rescind the decision of the committee appealed from and may refer the matter back to the committee for rehearing, in whole or in part, in accordance with such directions as the court considers appropriate.  2000, c. 18, s. 47 (4). PART VII   REGISTRAR’S INVESTIGATIONS
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). Definition (3) In subsection (2), “business premises” means any place, other than a dwelling, where the person is, or was previously, engaged in the practice of professional forestry or where a member keeps his or her business records.  2000, c. 18, s. 48 (3). Application of Public Inquiries Act, 2009 (4) Section 33 of the Public Inquiries Act, 2009 applies to the investigation.  2009, c. 33, Sched. 6, s. 80. Duty to co-operate (5) Every person under investigation and every employer of a person under investigation shall co-operate fully with a person appointed to make an investigation into the practice of the person under investigation.  2000, c. 18, s. 48 (5). Obstruction prohibited (6) No person, including an employer of a person under investigation, shall obstruct an investigator or withhold or conceal from him or her or destroy anything that is relevant to the investigation.  2000, c. 18, s. 48 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 80 - 01/06/2011
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). Expiry (4) A warrant issued under subsection (1) shall state the date on which it expires, which shall be a date not later than 15 days after the warrant is issued.  2000, c. 18, s. 49 (4). Renewal (5) A warrant under this section may be renewed in the circumstances in which a warrant may be made under subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.  2000, c. 18, s. 49 (5). Application without notice (6) A justice of the peace may receive and consider an application for a warrant under subsection (1) or an application for a renewal under subsection (5) without notice to, and in the absence of, the person under investigation.  2000, c. 18, s. 49 (6).
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).
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. PART VIII   REGULATIONS AND 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). PART IX   MISCELLANEOUS
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).