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RPFANS Bylaws
The Registered Professional Foresters Association of Nova Scotia
BY-LAWS
31 March 2007
(includes changes made at 2006 AGM in March 2007)
Generally, the following By-Laws relate to the affairs, business, property management, government, aims, objects, and objectives of the Registered Professional Foresters Association of Nova Scotia.
TABLE OF CONTENTS
ARTICLE 1 - INTERPRETATION............................................1
SECTION 1.01 - DEFINITIONS..................................................1
SECTION 1.02 - OTHER DEFINITIONS.....................................2
ARTICLE 2 - MISSION STATEMENT.................................... 2
SECTION 2.01 - MISSION STATEMENT...................................2
ARTICLE 3 - HEAD OFFICE AND SEAL
SECTION 3.01 - HEAD OFFICE................................................. 2
SECTION 3.02 - ASSOCIATION SEAL .................................... 2
ARTICLE 4 - MEMBERSHIP................................................... 2
SECTION 4.01 - NO FIRMS AND CORPORATIONS............... 2
SECTION 4.02 - MEMBERSHIP CATEGORIES......................... 2
SECTION 4.03 - FORMS AND GUIDELINES.............................3
SECTION 4.04 - TIME PERIODS.................................................3
SECTION 4.05 - FINAL DECISION.............................................3
SECTION 4.06 - TERMINATION OF MEMBERSHIP................ 3
SECTION 4.07 - RESIGNATION FROM MEMBERSHIP............3
SECTION 4.08 - SUSPENSION OF MEMBERS.......................... 4
SECTION 4.09 - DURATION OF SUSPENSION..........................4
SECTION 4.10 - APPEAL OF SUSPENSION............................... 4
SECTION 4.11 - REINSTATEMENT OF MEMBERSHIP............. 4
SECTION 4.12 - REGISTRAR......................................................... 5
ARTICLE 5 -ACTIVE MEMBERSHIP........................................ 5
SECTION 5.01 - QUALIFICATIONS AND MEMBERSHIPS....... 5
SECTION 5.02 - ACTIVE MEMBERSHIP CATEGORIES.............5
SECTION 5.03 - ENTITLEMENTS..................................................6
ARTICLE 6 - ASSOCIATE MEMBERSHIP............................... 6
SECTION 6.01 - QUALIFICATIONS AND ENTITLEMENTS...... 6
SECTION 6.02 - ASSOCIATE MEMBERSHIP CATEGORIES.... 7
SECTION 6.03 - ENTITLEMENTS................................................ 7
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ARTICLE 7 - REGISTER OF PROFESSIONAL FORESTERS......8
SECTION 7.01 - REGISTER....................................................... 8
SECTION 7.02 - CERTIFICATE OF REGISTRATION............ 8
SECTION 7.03 - CONTINUING EDUCATION.......................... 8
Subsection 7.03.01 - General ..........................................................8
Subsection 7.03.02 - Continuing Forestry Education Certification Program.8
Subsection 7.03.03 - Hours ............................................................ 8
Subsection 7.03.04 - Date ................................................................8
Subsection 7.03.05 - Issue of Certificate .......................................... 8
ARTICLE 8 - FEES....................................................................... 9
SECTION 8.01 - GENERAL......................................................... 9
SECTION 8.02 - PAYMENT DATE.............................................. 9
SECTION 8.03 - FEES IN ARREARS........................................... 9
SECTION 8.04 - DEFERRAL OR WAIVER OF FEES................. 9
SECTION 8.05 - FEE SCHEDULE.................................................9
SECTION 8.06 – RECEIPT.......................................................... 10
ARTICLE 9 - MEETINGS OF MEMBERS..............................10
SECTION 9.01 - ANNUAL MEETING........................................10
SECTION 9.02 - SPECIAL MEETINGS.......................................10
SECTION 9.03 - QUORUM........................................................ 10
SECTION 9.04 - PRESIDING OFFICER......................................10
SECTION 9.05 - VOTING AT MEETINGS................................. 11
SECTION 9.06 - RESOLUTION OF MEMBERS.........................11
SECTION 9.07 - VOTING BY LETTER BALLOT....................... 11
SECTION 9.08 - PROXY VOTING...............................................11
SECTION 9.09 - VALIDITY OF PROXY..................................... 12
SECTION 9.10 - RESOLUTION WHERE PROXY VOTING...... 12
ARTICLE 10 - COUNCIL............................................................ 12
SECTION 10.01 - COUNCIL.........................................................12
SECTION 10.02 - QUALIFICATIONS OF COUNCILLORS...... 12
SECTION 10.03 - QUORUM........................................................ 12
SECTION 10.04 - RESOLUTION OF COUNCIL.........................12
SECTION 10.05 - MEETINGS OF COUNCIL............................. 13
SECTION 10.06 - RESOLUTION ADOPTED IN WRITING........13
SECTION 10.07 - GOVERNANCE................................................13
SECTION 10.08 - MANAGEMENT AND MAINTENANCE…....13
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ARTICLE 11 - ELECTION OF COUNCIL MEMBERS........... 14
SECTION 11.01 - PRESIDENT AND VICE-PRESIDENT.............14
SECTION 11.02 - OTHER COUNCILLORS................................. 14
SECTION 11.03 - VACANCIES ON COUNCIL........................... 14
SECTION 11.04 - NOMINATING COMMITTEE......................... 14
SECTION 11.05 - CALL FOR NOMINATIONS........................... 14
SECTION 11.06 - DATES FOR NOMINATIONS..........................14
SECTION 11.07 - NOTICE TO MEMBERS................................... 15
ARTICLE 12- OFFICERS............................................................. 15
SECTION 12.01 - PRESIDENT...................................................... 15
SECTION 12.02 - VICE-PRESIDENT............................................15
SECTION 12.03 - OTHER OFFICERS...........................................15
SECTION 12.04 - SECRETARY.................................................... 15
SECTION 12.05 - TREASURER.................................................... 16
SECTION 12.06 - REGISTRAR.................................................... 16
SECTION 12.07 - INSURANCE................................................... 16
SECTION 12.08 - REMUNERATION............................................16
ARTICLE 13 - COMMITTEES.................................................. 16
SECTION 13.01 - COMMITTEES.................................................16
SECTION 13.02 - COMPOSITION...............................................17
SECTION 13.03 - TERMS OF REFERENCE................................17
SECTION 13.04 - REPORTING................................................... 17
SECTION 13.05 - REVIEW........................................................... 17
ARTICLE 14 - BOARD OF EXAMINERS.................................17
SECTION 14.01 - BOARD OF EXAMINERS...............................17
ARTICLE 15 - FINANCIAL........................................................ 18
SECTION 15.01 - BOOK OF ACCOUNTS..................................18
SECTION 15.02 - INSPECTION OF FINANCIAL RECORDS....18
SECTION 15.03 - REVIEW OF ACCOUNTS..............................18
SECTION 15.04 - BANKING ARRANGEMENTS..................... 18
SECTION 15.05 - BORROWING OF MONEY.......................... 18
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ARTICLE 16 - EXECUTION OF DOCUMENTS.................... 19
SECTION 16.01 - SIGNING AUTHORITY..................................19
ARTICLE 17 - MINUTES........................................................... 19
SECTION 17.01 - KEEPING OF MINUTES............................... 19
SECTION 17.02 - SIGNING OF MINUTES.................................20
ARTICLE 18 - CODE OF ETHICS.............................................20
SECTION 18.01 - PREPARATION AND ADOPTION................20
ARTICLE 19 - DISCIPLINE........................................................20
SECTION 19.01 - UNPROFESSIONAL CONDUCT.................. 20
SECTION 19.02 - DISCIPLINARY PROCEDURES.................... 21
ARTICLE 20 - AMENDMENT OF BY-LAWS.......................... 21
SECTION 20.01 - RESOLUTION OF MEMBERS....................... 21
ARTICLE 21 - ACTIVATION......................................................21
SECTION 21.01 - COMING INTO FORCE..................................21
APPENDIX A - APPLICATION REQUIREMENTS.....................22
APPENDIX B - CFAB CORE SUBJECT AREAS ....................... 28
APPENDIX C - MEMBERSHIP ENTITLEMENT ....................... 29
APPENDIX D - GUIDELINES FOR PROFESSIONAL REPORTS/THESIS.. ......................................................................30
APPENDIX E - CODE OF ETHICS ............................................ 30
APPENDIX F - DISCIPLINARY PROCESS ................................34
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ARTICLE 1 - INTERPRETATION
1.01 - DEFINITIONS
The following terms in these By-Laws and in all other By-Laws of the Registered Professional Foresters Association of Nova Scotia hereafter passed, unless otherwise stated, shall have the following meaning:
(a)“Act” shall mean the Foresters Association Act, S.N.S. 1999, c.6, as amended from time to time, or any successor or replacement legislation;
(b)“Annual Meeting” shall mean the Annual Meeting of the Association as required by the Act;
(c)“Association” shall mean the Registered Professional Foresters Association ofNova Scotia;
(d)“By-Laws” refer to the By-Laws of the Association, as they may from time to time exist, created under the authority of the Act, these By-Laws, and any schedules or appendices.
(e)“Council” shall mean the Council of the Association;
(f)“Meeting of Members” means either the Annual Meeting or any Special Meeting of the Members of the Association held in accordance with these By-Laws;
(g)“Member” shall mean a Member of the Association that is in good standing and “Members” shall refer to all such members who are in good standing at a given time;
(h)“Register” means the Register of Professional Foresters of Nova Scotia which shall be a record of all Members containing the full name and address, date of registration, and membership category of each Member;
(i)“Special Meeting” refers to any general meeting of the Members other than the Annual Meeting; and
(j)“Year” for the Association refers to both the calendar year and the fiscal year of the Association, which is to be the calendar year.
1.02 - OTHER DEFINITIONS
All other words and terms used in these By-Laws and which are not defined herein, shall have the same meaning ascribed to them in the Act, unless otherwise stated, and if not defined the Act shall have the professional meaning thereof, where applicable, but otherwise shall have the usual and ordinary meaning.
ARTICLE 2- MISSION STATEMENT
2.01 - MISSION STATEMENT
The goal of the Association is to ensure that the people of Nova Scotia receive high quality management of their natural resources by Members of the Association for the benefit of current and future generations.
ARTICLE 3 - HEAD OFFICE AND SEAL
3.01 - HEAD OFFICE
From time to time and by resolution the Members shall name the location of the Head Office of the Association, which shall be situated within the Province of Nova Scotia.
3.02 - ASSOCIATION SEAL
The Seal of the Association shall be both an incised device and the impression of the incised device, usually on a wafer.The Registrar, or such other Officer as may be designated by Council, shall keep the incised device in a safe and secure place at the head office.
ARTICLE 4 - MEMBERSHIP
4.01 - NO FIRMS AND CORPORATIONS
No firm, corporation, syndicate, partnership or other entity shall be entitled to become a Member of the Association, but only individual persons shall be so entitled. Membership in the Association is not transferable or assignable.
4.02 - MEMBERSHIP CATEGORIES
The membership supra-categories for Members of the Association are Active Memberships and Associate Memberships.
4.03 - FORMS AND GUIDELINES
The Council shall make provision for the form of application for membership in the
Association, which shall be available upon written request of the Secretary of the Association.Applicants must meet the guidelines for enrolment existing at the date of the application as provided by the Registrar.Further guidelines involving the application and registration process are contained in Appendix A.
4.04- TIME PERIODS
Any membership which requires the successful writing of examinations, professional reports or theses for qualifications shall be granted only if the full requirements are satisfied within a maximum of three years for Forester-in-Training and Adjunct Forester or within a maximum of five years for a Forestry Candidate from the time of receipt of the application of membership.
4.05- FINAL DECISION
The Registrar shall make the initial decision on the approval of any application for membership. Any applicant who has been refused a membership by the Registrar may request a review of the Registrar’s decision by the Board of Examiners. An applicant who has had an application for membership refused by the Board of Examiners may request a review of the Board of Examiners decision at any subsequent meeting of the Council. The decision of the Council shall be final and binding and Council shall promptly advise the applicant, in writing, of the reason or reasons for rejection.
4.06 - TERMINATION OF MEMBERSHIP
Membership shall terminate upon the happening of any of the following:
(a)Non-payment of membership fees;
(b)Failure by the member to fulfill the continuous forest education requirements;
(c)Failure to comply with other assessments or charges owing the Association as provided by these By-Laws;
(d)The death, resignation, or suspension of a Member; or
(e)The expiry of the membership requirements in the case of Non-Resident Active and Associate Members only.
4.07 - RESIGNATION FROM MEMBERSHIP
Any Member in good standing who wishes to resign from the Association shall tender written notice thereof, together with the Member’s Certificate of Registration and any other documentation which identifies the Member to the public as a Member, to the Registrar who shall cause the name of such member to be struck from the Register in accordance with the Act.
4.08 - SUSPENSION OF MEMBERS
Council shall, at any duly constituted meeting thereof, resolve to suspend from membership any Member who is in arrears for fees, assessments or charges, who fails to meet the continuous forest education requirements, or who, in the opinion of the Discipline Committee, has exhibited unprofessional conduct.
4.09 - DURATION OF SUSPENSION
Council shall determine the duration and terms of the suspension from membership notwithstanding any suspension for cause by the Chairperson of the Discipline Committee provided however that no suspension, other than failure to complete the continuous forestry education requirements or to pay fees, assessments, or charges, shall take effect until after the effected Member has been first given at least ten (10) days written notice by the Registrar, sent by registered mail to the registered address of such Member stating the specific reasons for the suspension and inviting the effected Member to attend before Council to give reasons why the suspension should not occur. Council shall render a decision, to be supported by a majority of Councillors, as to whether or not the suspension should occur and notify the effected Member in writing of their decision in a timely and efficient manner.
4.10 - APPEAL OF SUSPENSION
Any Member who has been suspended as a result of section 4.09 hereof shall have the right of appeal such suspension to the membership by giving the Registrar notice, in writing, of such appeal within two weeks following receipt of Council’s decision and such appeal shall be heard at a general meeting of the Members where notice of the appeal has been given in the Notice of Meeting.Any such appeal shall only be allowed and the decision of Council shall be quashed if a majority of the Members entitled to vote at such meeting approve the reinstatement, which decision shall be by way of a resolution of the Members.On any such appeal, the Member concerned and/or the Council may be represented by counsel of their choice.
4.11 - REINSTATEMENT OF MEMBERSHIP
Council may by resolution, at any duly constituted meeting thereof, reinstate a Member who:
(a) Ceased to be a Member for non-payment of fees: Upon payment of 50% of the fees
for the year in which the Member was struck from the Register together with the
fees and charges for the year in which the reinstatement is made;
(b) Resigned as a Member as permitted under these By-Laws: Who has successfully
reapplied for membership, upon the payment of the current annual fees and charges;
(c) Has been suspended following payment in full of fees for the year in which the Member was struck from the Register: Who has fulfilled the requirements of the suspension and paid all current fees, and charges or any other monies owing to the Association;
(d) Failed to meet the Continuing Education requirement: Upon fulfillment of the Continuing Forest Education Requirements and the payment of all current fees, and charges.
4.12 - REGISTRAR
The Registrar shall cause the name of any Member whose membership has been reinstated by Council or whose suspension has expired to be placed in the Register provided that at such time, such Member may be required to show proof of good character.
ARTICLE 5 - ACTIVE MEMBERSHIP
5.01 - QUALIFICATIONS AND ENTITLEMENTS
Each applicant for admission to the Association as an Active Member shall:
(a)Have reached the age of majority;
(b) Be of good character;
(c) Successfully completed the Core Requirements listed in Appendix B to these By-Laws;
(d) Be sponsored by a Registered Professional Forester (RPF); and,
(e) When required to do so, show proof of these qualifications when application is made.
5.02- ACTIVE MEMBERSHIP CATEGORIES
Active Membership in the Association shall be in one of four (4) categories, namely:
(a) Regular Membership
To be considered for membership in this category, applicants must satisfy the requirements of the Act.
(b) Emeritus Membership
Emeritus Members shall be decided by resolution of the Council or by resolution of the Members. Granting of Emeritus Membership shall be in recognition of eminent service to the profession of forestry, or in recognition of the efforts to advance forestry in Nova Scotia. Successful candidates for Emeritus Membership shall have been an active Member in good standing and shall, to the satisfaction of the Council, have retired from active employment in forestry work.
(c) Non-Resident Membership
(i)An applicant for Non-Resident Membership shall be an active Member in good standing of the Association who no longer resides and works within the province of Nova Scotia. Membership in this category shall be terminated upon the member resuming residence or employment in Nova Scotia, and the member shall be eligible for reinstatement to Regular Membership without further qualifications; or,
(ii)An applicant for Non-Resident Membership shall apply to individuals who: arein good standing in their home province’sRegistered Professional Forestry Association, reside outside of Nova Scotia, and who wish to use the initials of RPF in Nova Scotia.
(d) Retired Membership
An applicant for Retired Membership shall have been an active member in good standing of the Association and has retired from active employment in forestry work and does not intend to pursue forestry employment beyond occasional and/or casual engagements. A retired member is not required to meet the RPFANS Continuing Forest Education requirements and must express their status as RPF (ret.)
5.03- ENTITLEMENTS
Active Members shall enjoy the benefits of those entitlements as are set forth in Table 1 of Appendix C. Only Active Members shall use the term Registered Professional Forester and/or the initials RPF.
ARTICLE 6 - ASSOCIATE MEMBERSHIP
6.01 - QUALIFICATIONS AND ENTITLEMENTS
Each applicant for admission to the Association as an Associate Member shall be of
good character and may be required to show proof of this qualification with their application. Persons who are recorded as Associate Members shall be entitled to receive publications of the Association and to attend membership meetings, but shall not be qualified to exercise any other right to which members are entitled by virtue of the Act or the By-Laws.
6.02- ASSOCIATE MEMBERSHIP CATEGORIES
Associate Membership in the Association shall be in one of five (5) categories, namely:
(a) Forester-in-Training (F.I.T.) Membership
Any person who has successfully completed the requirements of a Baccalaureate Degree Program in Forestry from an institution of learning accredited by the Council may apply for this category of membership. This category of membership may be retained for a maximum of three years and shall be terminated upon the person becoming eligible for Active Membership.
(b) Forestry Candidate (F.C.) Membership
Any person interested in becoming a Registered Professional Forester in Nova Scotia and with approval by Council in accordance with section 7.1 (b), (c), and (d) of the Act may apply for membership as Forestry Candidate. This category of membership may be retained for a maximum of five years and shall be terminated upon a person becoming eligible for Active Membership.
(c) Student Membership
Any person registered as full time undergraduate in a Baccalaureate Degree Program in Forestry, from an institution of learning accredited by the Council, may apply for this category of membership. Any person registered as a full time post graduate student in a program that shall enhance their Baccalaureate Degree in Forestry may apply for this category. The duration of this category shall be for the time that the person is registered as a full time student.
(d) Inactive Membership
Any Member who has ceased to be employed in forestry work may apply for this category. Such membership shall be terminated if the Member becomes active in forestry employment and the member is eligible for reinstatement as an Active Member without further qualifications.
(e) Adjunct Forester Membership
Any person who has successfully completed the requirements of a Baccalaureate Degree Program in Forestry from an institution of learning accredited by the Council and has actively engaged in the practice of professional forestry for five years, with a minimum of 2 of these 5 years, working in the Maritime Provinces,may apply for this category of membership. This category of membership may be retained for a maximum of three years and shall be terminated upon the person becoming eligible for Active membership.
6.03- ENTITLEMENTS Associate Members shall enjoy the benefits of those entitlements as are set forth in Table 2 of Appendix C.
ARTICLE 7- REGISTER OF PROFESSIONAL FORESTERS
7.01 - REGISTER
The Association shall create and keep a register of its members to be known as the “Register of Professional Foresters of Nova Scotia”. The Registrar shall enter the full name and address, the date of registration, and the membership category of each Member of the Association on the Register, and shall keep the Register correct and in accordance with the Act and these By-Laws.A separate record shall be kept of the name and address of each Member whose name shall remain so recorded as long as they comply with the requirements of the Act and theses By-Laws, and Council does not otherwise direct.
7.02 - CERTIFICATE OF REGISTRATION
Council shall approve of the form and design of a “Certificate of Registration” which shall contain the signatures of both the President and Registrar and the Seal of the Association. Every applicant qualified for registration who has made payment of the required fees and been accepted by Council shall be issued a Certificate of Registration under the Seal of the Association, which certificate shall be prima facie evidence of registration. Every Certificate of Registration so issued shall remain the property of the Association and shall be returned by the Member, the person with the power of attorney for the Member, or the executor(s) of the Member’s estate upon cessation of membership.
7.03 - CONTINUING EDUCATION
7.03.01 - General Life long learning is necessary for improving and enhancing: knowledge, skill, proficiency and competency in all matters relating to the practice of professional forestry by Members.
7.03.02 - Continuing Forestry Education Certification Program The Association has adopted the Canadian Institute of Forestry’s Continuing Forestry Education Certification Program (CFECP) as the Continuing Forest Education Certification Program of the Association.
7.03.03 – Hours All regular members shall be required to complete 150 hours of approved CFECP activities within a three- year period and annually report a minimum of 30 hours of CFECP from any combination of three CFECP categories.
7.03.04 - Date For the purposes of establishing the time frames identified in section 7.03.03; the date that the member was provided with notification of their acceptance into a membership category shall be considered the starting date for the accumulation of CFE credits, unless otherwise specified by Council.
7.03.05 - Issue of Certificate Upon payment of the required fees and presentation of evidence that a Member has successfully completed the continuous forest education requirements, the Registrar shall annually issue to such Member a Certificate of Registration and such certificate shall be prime facie evidence that the holder is thereof a duly registered Member in good standing for the current year.
ARTICLE 8 – FEES
8.01 - GENERAL
Council shall recommend to the membership at the Annual Meeting all membership, application, registration, and examination fees for Members of, or applicants to, the Association for the coming year. The fees must be approved by a majority of not less than two-thirds (2/3) of the voting members present at the Annual Meeting.
8.02 - PAYMENT DATE
All membership fees for Members for a given Year are due on the first day of January in the year for which they apply. After the Annual Meeting the Secretary shall send a notice to all Members stating the amount of the membership fees that are due which notice shall also contain the appropriate methods of payment.
8.03- FEES IN ARREARS
A late payment charge of ten (10%) percent of the membership fees shall be assessed against those fees remaining unpaid after the last day of January in the year for which they apply; but shall not assessed against first time applicants. If payment of membership fees have not been made by the last day of February in the Year for which the fees apply, the Secretary shall send, by registered mail, a notice to the delinquent Member advising that the Member is in arrears and liable to be removed, without further notice, from the Register. If the delinquent Member does not pay, in full, all back and current fees and late charges by the last day of March the Register shall cause the delinquent Member’sname to be removed from the Register.
8.04 - DEFERRAL OR WAIVER OF FEES
Upon written application, for due or for sufficient cause, the Council may waive or defer payment of the annual membership fee by any Member. The Secretary must receive the written application by the last day of October in the year previous to the Year for which the membership fee applies.
8.05 - FEE SCHEDULE
The fee schedule as approved by the Members at the Annual Meeting shall be posted on the Association’s web site.
8.06 – RECEIPT
The receipt issued to the member for their annual dues shall serve to fulfill the requirement for an “annual certificate” as required in section 15.2 of the Foresters Association Act.
ARTICLE 9 - MEETINGS OF MEMBERS
9.01 - ANNUAL MEETING
The Annual Meeting of the Association must be held within the first four months of each Year.Council shall give at least 30 days written notice, and no more than 50 days notice, to all Members of the Annual Meeting which notice shall specify the date, location and time of the Meeting, an agenda, nominees for open Council positions to be voted on at that Meeting, copies of any reports and recommendations in respect of the financial affairs of the Association, the terms of references of all committees, and such other information as Council may determine relevant.
9.02 - SPECIAL MEETINGS
From time to time Council may call, and on petition by ten (10) or more members shall call, a Special Meetings of the Members whereupon Council shall give not less than thirty (30) days but not more than fifty (50) days written notice to all Members of the Special Meeting which notice shall specify the proposed date, location and time of the Special Meeting and the agenda. Only matters outlined in the agenda may be voted on at a Special Meeting.
9.03 – QUORUM
A quorum of any Meeting of the Members of the Association shall be constituted where one-quarter of the registered Members entitled to vote at such a Meeting of Members are present, in person, at that Meeting.In order for any resolution to be passed or any action undertaken at a Meeting of Members, then a quorum of the Members entitled to vote must be present.Unless any one of the sections 9.07 through 9.10 hereof apply, Members must be present at a meeting in order to cast a vote.
9.04 - PRESIDING OFFICER
The President of the Association shall act as chairperson at all general meetings of the Association but where the President is absent or unable to act as chair at anymeeting, the Vice-President shall so act. If both the President and Vice-President are absent or unable to act as chair of any general meeting then the Members in attendance shall select a chairperson from among their number. If the President and/or the Vice-President are fifteen (15) minutes late for the commencement of a meeting, then they shall be deemed to be unable to act as chair for the meeting within the meaning of this Article.
9.05 - VOTING AT MEETINGS
Every Member entitled to vote by virtue of their membership category status who is present in person at an Annual or Special Meeting shall be entitled to one vote for all matters voted on at such a Meeting.Voting shall be completed by a showing of hands unless, a ballot is requested by the chairperson or at least three voting Members present at the Meeting.If a ballot is taken then the chairperson shall direct the manner of taking the ballots.
9.06 - RESOLUTION OF MEMBERS
Except as otherwise provided in these By-Laws, the majority votes of all Members present, in person, who are entitled to vote at a Meeting of Members, shall be sufficient to adopt and pass a resolution of Members. The chairperson shall not vote except in the case of a tie.
9.07 - VOTING BY LETTER BALLOT
Council, or twenty-five (25%) percent of the voting Members present, in person, at any general meeting, may require that any resolution or other matter be put for membership vote by way of letter ballot, or an electronic ballot, in which case all Members entitled to vote shall have one vote each.
Letter Ballots: Unless otherwise stated, letter ballots shall be mailed to all members at the address shown in the Register and must be returned to the Secretary at the address stated on the ballot within thirty (30) days of the date of the mailing of the ballot to the Members. Any ballots returned after the thirty (30) days deadline shall not be counted.Letter ballots shall be counted in the presence of the Secretary by two or more Members entitled to vote as may be appointed by Council.
Electronic Ballots: Unless otherwise stated, Electronic ballots shall be e-mailed to all members at the email address shown in the Register and must be returned to the Secretary at the email address stated on the ballot within thirty (30) days of the date of the mailing of the ballot to the Members. Any ballots returned after the thirty (30) days deadline shall not be counted. Ballots shall be counted in the presence of the Secretary by two or more Members entitled to vote as may be appointed by Council.
General: A resolution is deemed to be approved by ballot where a majority of all Members who responded to the ballot approved the resolution contained therein.The Secretary shall keep safe and secure ballots for a minimum of one year.
9.08 - PROXY VOTING
Council shall determine prior to the sending of the notice of any general meeting if proxy voting will be permitted for that Meeting and if so, shall determine the form of the proxy.
9.09 - VALIDITY OF PROXY
Any Member entitled to vote at a Meeting of Members may by means of a proxy where proxy voting is allowed appoint a proxy holder, or one or more alternate proxy holders, who must also be Members, to attend and vote at the Meeting in the manner and to the extent authorized by the proxy and with the authority conferred by the proxy. A proxy shall be executed by the Member for whom it is being utilized and it shall only be valid at the Meeting in respect of which it is given.
9.10 - RESOLUTION WHERE PROXY VOTING
Where proxy voting has been permitted for a given Meeting of Members, then a resolution will be deemed to have been passed by the Members where a majority of the Members, entitled to vote, who are present in person or represented by proxy, have approved the resolution.
ARTICLE 10 – COUNCIL
10.01 – COUNCIL
Council shall consist of seven members, or Councillors, as prescribed by the Act and shall consist of a President, Vice-President, Immediate Past President, one person from the public appointed by the Governor in Council or as appointed pursuant to these By-Laws, two Members elected by the Members from the Association,and one Member who is elected by Members and who must be a member in good standing of both the Association and the Nova Scotia Section of the Canadian Institute of Forestry. The Councillors shall assume office during the Annual Meeting in which those Councillors are elected.
10.02 - QUALIFICATIONS OF COUNCILLORS
Each member of Council, with the exception of the appointee from the public, must be a voting Member of the Association and have been elected or appointed in accordance with these By-Laws.
10.03 - QUORUM
A quorum of the Council is constituted where at least four (4) Councillors are present at a Council meeting duly called.No business may be undertaken at a meeting of the Councillors unless a quorum of the Council is present. A Councillor may be present if participating in the meeting by way of telephone or other acceptable electronic means of communication
10.04 - RESOLUTION OF COUNCIL
Unless otherwise stated, a resolution of Council is passed under the Act or these By-Laws where at least four (4) Councillors vote in favour of such resolution.
10.05 - MEETINGS OF COUNCIL
The Council shall meet at least three times per Year at the times and places as set by the President provided however that Council shall hold such additional meetings as it deems necessary or as requested in writing by not less than two (2) Councillors. A notice of meeting together with an agenda shall be sent by the Secretary to each Councillor not less than five (5) working days prior to each meeting. The first meeting of the newly elected Council shall be held immediately following the Annual Meeting. Other meetings of Council may be held at any time without notice if all the Councillors are present and consent thereto, or if those absent signify their consent in writing of such meeting.
10.06 - RESOLUTION ADOPTED IN WRITING
A resolution of Council shall be deemed to have been validly passed if assented to and signed by all of the Councillors even if not passed at a Council meeting and a resolution so signed shall have the same force and effect as if it had been duly passed as a resolution at a Council Meeting.
10.07 - GOVERNANCE
The Council may prescribe, as it deems expedient, such policies and procedures, consistent with these By-Laws for the proper management and operation of the Association which policies and procedures shall have force and effect only until the next Annual Meeting of the Members, unless confirmed thereat and, in default of confirmation, shall thereupon cease to have force and effect and in such case no new policies or procedures of the same or like substance shall be promulgated by Council until confirmed at a subsequent general meeting of the Members.
10.08 - MANAGEMENT AND MAINTENANCE
Council shall generally provide for the ongoing management and maintenance of the Association including, but not limited to so as to restrict the generality of the foregoing:
(a) The contracting of general business, banking, borrowing and credits;
(b) The appointment, review and termination of staff as may be required and the fixing of their remuneration and benefits;
(c) The incurring of other expenses as may be necessary; and,
(d) Such other acts Council deems reasonably necessary.
ARTICLE 11 - ELECTION OF COUNCIL MEMBERS
11.01 - PRESIDENT AND VICE-PRESIDENT
At the 2005 Annual General Meeting, the Members shall elect a President who shall serve a one (1) year term, and a Vice-President who shall serve a one (1) year term, and who, upon the expiry of the Presidents term, shall become President. Subsequently, an election will be held annually, at the Annual General Meeting for a member to be Vice-President. They will serve a one (1) year term as Vice-President, and subsequently a one (1) year term as President, and a one (1) year term as Past President
1.02 - OTHER COUNCILLORS
At the Annual Meeting and when applicable, the Members shall elect the remaining members of the Council with the exception of the appointee from the public, to serve three (3) year terms on the Council which terms shall run from the Annual Meeting at which they were elected. For the initial election of Councillors, and that election only, one Councillor shall be elected to serve a one-year term, one Councillor elected to serve a two-year term and one Councillor elected to serve a three-year term. Councillors shall serve a maximum of two consecutive three-year terms.
11.03 -VACANCIES ON COUNCIL
Any vacancy occurring on the Council at any given time, whether due to death, sickness, resignation, a Councillor no longer qualifying as a Member of the Association, or any other manner whatsoever, may be filled by appointment made by a majority of the remaining members of Council.Such a replacement Councillor shall only continue to serve for the unexpired term of the vacancy.
11.04 - NOMINATING COMMITTEE
The President shall, within the first ten (10) weeks of each Year, appoint a Nominating Committee consisting of a chairperson and four other Members who may or not be Councillors, for the purpose of nominating candidates for Council positions to be vacated in that Year.
11.05 - CALL FOR NOMINATIONS
By the end of March of each Year,the Chairperson of the Nominating Committee shall inform the Secretary which Council positions and offices are to become vacant during the Year following and by the end of April of each Year the Secretary shall inform all Members, by way of pre-paid post, of the Council positions and offices required to be filled for the Year following.
11.06 - DATES FOR NOMINATIONS
The nomination report from the Nominating Committee, together with the written consent of each nominee whose name appears on the report, must be received by the Secretary not later than the last day of November in any given year. Further or additional nominations may be made in writing if signed by not less than seven (7) voting Members in good standing, addressed to the Secretary and accompanied by the written consent of the nominees, and must be received by the Secretary not later than the last day of November.
11.07 - NOTICE TO MEMBERS
The notice of the Annual Meeting sent out to all Members as required by these By-Laws shall contain the list of those nominees for vacant Council positions.
ARTICLE 12 - OFFICERS
12.01 - PRESIDENT
The President of the Council shall be the Chief Executive Officer of the Association and shall be charged with the general direction of the business and affairs of the Association. The term of this office shall be for one year. The President shall act as chairperson at Council meetings and at the Annual Meeting and any Special Meeting, and shall be an ex-officio member of all Committees of the Association. The President shall sign all By-Laws and other documents requiring signature of Officers of the Association and shall have such other duties as Council may assign. The President shall serve as Immediate Past President for two years following retirement from office.
12.02 - VICE-PRESIDENT
The Vice-President shall have all the powers and responsibilities of the President during the absence or inability of the President to act and shall perform such duties and exercise such powers as the President may delegate or the Council may prescribe. The term of this office shall be for one year.
12.03 - OTHER OFFICERS
Annually, the Council shall appoint from the Members a Secretary, a Treasurer, a Registrar, and such other Officers as it may from time to time deem necessary and who shall perform such duties as the By-Laws or the Council may, from time to time, prescribe.Each appointment shall remain in effect until resigned by the incumbent or revoked by resolution of the Council or the Members.All Officers of the Association must be voting Members.
12.04 - SECRETARY
The Secretary shall give or cause to be filed all notices required to the Members, Councillors, Committee Members and Auditors. The Secretary shall attend all meetings of Council and of Members and be responsible for taking and keeping, in book form, the minutes of these meetings. The Secretary shall receive in an efficient and timely manner; and keep in book form, the minutes of meetings of Committees of Council and the minutes of the Committees of Members from the secretaries of these meetings.
12.05- TREASURER
The Treasurer shall keep full and accurate books for accounts showing the receipt and disbursements of the Association and, under the direction of Council, shall control: the deposit of money, the safekeeping of securities, and the disbursement of funds. On demand from Council, the Treasurer shall render, in a timely and efficient manner, a report on the financial position of the Association. The Treasurer shall issue official receipts for the payments of fees to all members. At the Annual Meeting, the Treasurer shall recommend, for the next year, the fees for: membership, processing an application for categories of membership, and writing examinations.
12.06 - REGISTRAR
The Registrar shall keep a full and accurate register of membership known as the “Register of Professional Foresters of Nova Scotia”. Annually, the Registrar shall issue Certificates of Registration to Members who are Registered Professional Foresters and who are in good standing.The Registrar shall be the custodian of the Seal of the Association.
12.07 - INSURANCE
The Association shall provide such insurance coverage for its officers, directors and employees for the faithful discharge of their Association duties and obligations, as the Council deems reasonable or necessary from time to time.
12.08 - REMUNERATION
The remuneration of officers, directors and employees of the Association shall be that which is approved or ratified by Members at the Annual Meeting
ARTICLE 13 - COMMITTEES
13.01 - COMMITTEES
Council may establish such standing committees and special or ad hoc committees from time to time consisting of members of the Council and/or Members of the Association for such purposes as Council may direct.The Members may establish a Committee of Members at any Annual or Special Meeting of the Members for such purposes as Members may direct.
13.02 - COMPOSITION
Council shall appoint a chairperson for each committee created by Council.Members shall elect a chairperson of each Committee of Members.
13.03 - TERMS OF REFERENCE
The chairperson of each committee shall ensure the development of the terms of reference for the committee and file these terms of reference with the Secretary within 30 days following the creation of the committee. The terms of references for all committees shall be circulated with the Notice of the Annual Meeting prior to the Annual Meeting and listed in the record of the Annual Meeting.
13.04 – REPORTING
All minutes of committee meetings shall be kept, in book form, and duplicate copies of each committee’s minutes shall be sent to the Secretary in a timely and efficient manner. All committees shall submit periodic progress and final reports to the Secretary upon request.
13.05 - REVIEW
Annually, or more frequently as circumstances warrant, Council shall review, extend, renew or disband its committees. Members shall review, extend, renew or disband its committees, at the Annual Meeting or at a Special Meeting called for that purpose.
ARTICLE 14 - BOARD OF EXAMINERS
14.01 - BOARD OF EXAMINERS
At the Annual Meeting, Council shall appoint a Board of Examiners in accordance with section 13 of the Act whose duties shall be:
(a) to consider applications;
(b) to develop procedures for examinations;
(c) to ensure the safe, secure, and confidential storage, for not less than seven (7) years, of all written and marked examination books;
(d) to supervise the submission, examination and care of professional reports and theses;
(e) to record and report marks of examinations, professional reports, and theses;
(f) to determine any other proof as to the eligibility of applicants for any category of membership in the Association;
(g) to recommend style and format for professional reports or theses (Appendix D); and,
(h) to make such recommendations to Council as it deems advisable.
ARTICLE 15 - FINANCIAL
15.01 - BOOKS OF ACCOUNTS
Council shall cause annual accounts to be kept of all moneys received and expended by the Association, the manner in which the receipt and expenditure of sums of monies takes place, and the assets and liabilities of the Association. The Treasurer, unless directed otherwise by Council, shall keep secure the books of accounts, at the Head Office.The books of accounts shall be maintained in accordance with generally accepted accounting principals and practices.
15.02 - INSPECTION OF FINANCIAL RECORDS
The books of accounts shall be open to inspection of Councillors at all times.Members shall have the right to inspect any account, book of accounts or other financial documentation in written and/or electronic form, of the Association, when so authorized by the Members at the Annual Meeting or a special meeting called for that purpose.
15.03 - REVIEW OF ACCOUNTS
On an interim basis, the Council may appoint two (2) voting Members to review the books of accounts and report to the Members and to Council. The Treasurer shall within two (2) months of Year-end compile a balance sheet of the Association to be audited annually together with the books of accounts and other associated financial documents by the Treasurer and the two voting Members. The Council shall present the Year End Balance sheet and the Audit Report at the next Annual Meeting of the Association.
15.04 - BANKING ARRANGEMENTS
The banking business of the Association, or any part thereof, shall be transacted with such bank, trust company, or other firm carrying on banking business as the Council may, from time to time, designate or authorize by resolution.All cheques, drafts or orders for the payment of monies and all notices of acceptance of bills of exchange shall be signed by Treasurer and co-signed by one other Officer of the Association as designated by the Council. All other banking business may be carried out as the Council may specifically describe and delegate by resolution, or as the Members may specifically describe and delegate by resolution at the Annual or Special Meeting of the Members.
15.05 - BORROWING OF MONEY
From time to time, Council may by resolution:
(a) borrow money on the credit of the Association;
(b) issue, sell, or pledge securities, including bonds debenture stock, or other like liabilities, of the Association;
(c) charge, mortgage, hypothecate or pledge all or any of the real personal property of the Association, including book debts, unpaid calls, rights, powers, franchises and undertakings; to secure any such securities or borrowed money, other debt, any other obligation or liability of the Association;
(d) delegate to one or more of the Officers of the Association as may be designated by the Council, all or any of the powers conferred by the forgoing clauses of this By-law to such extent as is such manner at the time of each delegation; and,
(e) give indemnities to any Officer or other person who has undertaken or is about to undertake any liability on behalf of the Association or any activity controlled by it, and secure any such Officer or other person against loss by giving them by way of security a mortgage or charge upon the whole or any part of the real and personal property, undertaking the right of the Association .
ARTICLE 16 - EXECUTION OF DOCUMENTS
16.01 - SIGNING AUTHORITY
Contracts, documents and all other instruments in writing may be signed on behalf of the Association by one of the President or Vice-President together with the signature of one of the Treasurer or Secretary.All instruments in writing so signed shall be binding on the Association without any further authorization or formality.Occasionally, by resolution and on behalf of the Association, the Council may appoint any Member either to sign contracts, documents, or instruments in writing generally, or to sign specific contracts, documents or instruments in writing. When required, with the approval of Council, the Seal of the Association may be affixed to contracts, documents or instruments of writing signed as aforesaid.
ARTICLE 17 - MINUTES
17.01 - KEEPING OF MINUTES
The Association shall keep minutes of all Annual and Special Meetings in book form so as to properly record:
(a) All appointments of Officers, Examination Boards, and employees made by or on behalf of Council;
(b) The names of those Members present at each meeting of Council, any Committee of Council meeting, at any Committee of Members, or at any general meeting of the Association; and,
(c) All resolutions brought forward and all business discussed at all meetings referred to in the preceding paragraph.
17.02 - SIGNING OF THE MINUTES
The chairperson and secretary, if applicable, of any meeting referred to in the preceding section shall sign a copy of the minutes of the meeting to which they acted as chair and secretary, if applicable, and the chairperson shall file these with the Secretary of the Association. Unless and until proven to be incorrect, all such meetings shall be deemed to have been duly called, constituted and held and the minutes as filed with the Secretary shall be deemed to be conclusive evidence of the business conducted at the meeting.
ARTICLE 18 - CODE OF ETHICS
18.01 - PREPARATION AND ADOPTION
The Council shall direct the drafting of a Code of Ethics to govern the discipline, conduct and control of the Members. The Council shall present the Code of Ethics to the Members for their approval and adoption and upon the approval of the Code of Ethics they shall form part of the By-Laws of the Association.The Code of Ethics is contained in Appendix E to these By-Laws.
ARTICLE 19 – DISCIPLINE
19.01 - UNPROFESSIONAL CONDUCT
All Members shall conduct themselves in accordance with the Code of Ethics of the Association, as it exists from time to time. Without restricting the meaning of unprofessional conduct, any breach of the Code of Ethics shall be deemed to be unprofessional conduct and shall be dealt with through the Disciplinary Process contained in Appendix F of these By-Laws.
19.02 - DISCIPLINARY PROCEDURES
Council and the members of all duly constituted committees shall follow in all respects the courses of action, behaviour and procedures as set forth in these By-Laws and any appendices thereto which govern the professional conduct of Members of the Association.
ARTICLE 20 - AMENDMENT OF BY-LAWS
20.01 - RESOLUTION OF MEMBERS
These By-Laws, and any appendices hereto, may only be amended by a resolution of at least two-thirds (2/3) of the Members who are present, in person, and entitled to vote at any general meeting where notice of the motion to amend the By-Laws, including the text of the proposed amendment, has been mailed by the Secretary to each of the Members at the address shown in the Register in accordance with these By-Laws.
ARTICLE 21 – ACTIVATION
21.01 - COMING INTO FORCE
These By-Laws shall come into force and supersede any and all prior By-Laws, minutes and policies of the Association on the day on which they are approved at a general meeting of the Members.
APPENDIX A
RPFANS APPLICANT REQUIREMENTS
TopicPage
1.00APPLICATIONS ...................................……………...................................... 22
1.01 - APPLICATION FOR ENROLLMENT ..............................................................23
1.02 - APPLICATION FORRE-REGISTRATION ....................................................23
1.03 - REQUIREMENTS ............................................................................................23
1.04 - REQUIRED COURSES ....................................................................................23
1.05 - EXAMINATION FOR REGISTRATION ........................................................24
1.06 - STANDARDS....................................................................................................24
1.07 - PROFESSIONAL REPORTS OR THESES........................................... ............24
1.07.01 - Submission.....................................................................................................24
1.07.02 - Grading..........................................................................................................24
1.07.03 - Ownership of Submitted Professional Reports of Theses................................24
1.07.04 - Intellectual Copyright ....................................................................................24
1.08 - EXPERIENCE REQUIREMENTS.....................................................................25
1.08 (a) Forester-in-Training........................................................................................25
1.08 (b) Forestry Candidate..........................................................................................25
1.08 (c) Acceptable Experience under a Sponsoring Forester .......................................25
1.09 - DUTIES OF A SPONSORING FORESTER ....................................................25
2.00 - APPLICATIONS FOR EXAMINATIONS ...................................................26
2.01- NAME AND FEES ...........................................................................................26
2.02 - FORESTRY CANDIDATE AND CFAB CORE SUBJECT AREA....................26
2.03 - EXAMINATION FOR REGISTRATION .........................................................26
1.00 - APPLICATIONS
1.01 -APPLICATION FOR ENROLLMENT
The following shall apply to applications for enrollment:
(a) Applications for enrollment as Adjunct Forester, Forester-in-Training or Forestry Candidate shall be received by the Association at any time, accompanied by the enrollment fee.
(b) University graduates must submit an official documented transcript of courses and standings taken at the University from which their degree(s) were granted. If this transcript is not in English, it is further necessary that an English translation, signed by a qualified translator, be submitted to the Association Head Office at the same time.
(c) Forestry Candidate applicants who have had some training at an accredited secondary, technical or technological institution shall submit an official documented transcript of courses and standings taken at those institutions. If this transcript is not in English, it is further necessary that an English translation, signed by a qualified translator, be submitted to the Association office at the same time. From these transcripts the Board of Examiners shall determine what credit shall be given for the courses taken by the applicants, and they shall be advised, in an efficient and timely manner, in which further subjects they shall be required to write examinations.
(d) Applications must include the names and mailing address of two references, at least one of whom shall be a Registered Professional Forester (except as provided in the Act). The Registered Professional Forester shall act as the applicant’s Sponsoring Forester.
1.02 - APPLICATION FOR RE-REGISTRATION A past registered Member who has been admitted by Council as an applicant for re-registration may be required to fulfill all the requirements under section 1.03 and may be required to write or re-write the Examination for Registration (section 1.05).
1.03 -REQUIREMENTS
All applicants shall have or shall be expected to:
(a) Pass examinations in the core subject areas;
(b) Pass the Examination for Registration; and
(c) Successfully complete the requirements, from the Board of Examiners, of a submitted professional report or thesis.
1.04 -REQUIRED COURSES All applicants must have passed examinations in the current list of core subject areas as identified by the Canadian Forestry Accreditation Board (Appendix B).If an applicant has not done so, they must pass examinations in those subject areas in which they are deficient. Examinations of the Association shall be set once a year, usually in early May, and the candidate must pass all examinations with a mark of 50 percent or higher, and a mean grade of not less than 60 percent on all examinations. A candidate shall be allowed to write an individual examination in the same subject area only twice, except at the discretion of the Council.
1.05 -EXAMINATION FOR REGISTRATION
All candidates for registration as a Registered Professional Forester must write the Examination for Registration. This examination shall be written in the Autumn of each year and candidates must pass with a mark of 65 percent or higher. Candidates who fail this examination shall be allowed to write it a second time at the discretion of the Board of Examiners, and thereafter only at the discretion of the Council.
1.06 - STANDARDSThe Examinations of the Association are set to the same academic level as those core courses for majors in a Baccalaureate of Forestry Program which is accredited by the Association.Candidates should not prepare for examinations until they have been directed to do so by the Board of Examiners or from Council. The examinations are intended to cover the fundamentals and procedures of forestry.
1.07 - PROFESSIONAL REPORTS OR THESES
1.07.01 - Submission
Usually, Foresters-in-Training are not required to submit a professional report or thesis. Forestry Candidates are required to obtain approval for the submission of a professional report or thesis and to submit a professional report or thesis to the Board of Examiners before registration as Registered Professional Foresters. Format guidelines for professional reports or theses are those of the Canadian Journal of Forest Research (Appendix D).
1.07.02 - Grading
Submitted professional reports or theses shall be graded as follows: accepted, accepted with minor revisions, accepted with major revisions, and rejected. Corrections to professional reports or theses accepted with minor or major revision must be resubmitted, with the corrections made, within 30 days of the initial acceptance. If they are not received by the registrar, within 30 days, they shall become rejected, unless Council grants a time extension.
1.07.03 - Ownership of Submitted Professional Reports and Theses
All submitted professional reports and theses become the property of the Association. The Association shall pay for the binding of its copy of successful professional reports and theses. The Association may require that a copy of a successful professional report and theses be deposited with the Provincial Library of the Province of Nova Scotia and the Association shall pay for the costs associated with this deposition.
1.07.04 - Intellectual Copyright
Intellectual copyright of the professional report or thesis belongs to the author.
1.08 - EXPERIENCE REQUIREMENTS The following experience requirements shall apply to applicants;
(a) Forester-in-Training (F.I.T.)
As a general rule, all applicants are required to have a minimum of two years of acceptable experience enrolled as a Forester-in-Training in the Association. The experience must be gained under the guidance of a Sponsoring Forester who shall be a registered Member and who must attest to the completion of the term and content of the work preformed by the applicant.
(b) Forestry Candidate (F.C.)
Forestry Candidates shall have one of the following levels of experience;
(i) Has obtained a degree from a recognized school, college or university whose curriculum of study is in a science other than forestry and has six years of experience in forestry, two of which are as Forestry Candidate under the guidance of a sponsoring forester.
(ii) Has obtained a diploma from a forest technician or forest technologist school and has six years of experience in forestry, two of which are as Forestry Candidate under the guidance of a sponsoring forester.
(iii) Has passed the examinations prescribed by the Council in the CFAB core subject areas and fundamentals of forestry and has at least eight years of experience in forestry, four of which are as Forestry Candidate under the guidance of a sponsoring forester.
(c) Acceptable Experience under a Sponsoring Forester
Subsequent to enrollment, acceptable experience as a F.I.T. shall be 24 months, and for a FC. shall range from 48 months to 96 months, of full employment under the guidance of a Sponsoring Forester. In either case these need not to be consecutive months. Experience in forestry must be in fields which shall provide the applicant with training to perform as a Registered Professional Forester in accordance with the Act and to enable the applicant to work towards the achievement of the objectives of the Association.
1.09 - DUTIES OF A SPONSORING FORESTER
The duties of a Sponsoring Forester shall be:
(a) To assist the candidate in finding opportunities to observe as wide a range of forestpractices as possible by arranging contacts with industry, government, or educationalorganizations;
(b) Direct the candidate to sources of information or instruction in forest policy andadministration; and,
(c)To help the candidate prepare for the Examination of Registration.
2.00 - APPLICATION FOR EXAMINATIONS
2.01 - NAME AND FEES
All applications for examinations shall be accompanied with the following:
(a) the name(s) of the examination(s) which the candidate wishes to write; and
(b) payment of examination fees which are non-refundable except at the discretion of the Council. Fees for examinations may vary according to the institutional rates of the Examiner.
2.02 - FORESTRY CANDIDATE AND CFAB CORE SUBJECT AREA
Forestry Candidates which wish to write examinations on any Canadian Forestry Accreditation Board (CFAB), core subject areas, normally in early May, shall make application to do so to the Registrar during January of the current year stating which subject area they wish to write. The Registrar, after consultation with the Board of Examiners, shall advise the applicants where and when they are to write their examinations. The candidates shall not write more than two examinations per day nor more than five examinations within three consecutive days.
2.03 - EXAMINATION FOR REGISTRATION
Applications to write the Examination of Registration must be received by the Registrar no later than the last mailing day of August each and every Year. Each application received shall be reviewed and adjudicated prior to the date of the Examination. In addition, the Board of Examiners shall require the following:
(a) A complete summary of the applicant’s experience, acceptable to the Council, including the applicant’s workplace responsibilities;
(b) The names, addresses and positions of immediate supervisor associated with each job;
(c) The names and addresses of two character- and competence-references, one of whom shall be a Registered Professional Forester;
(d) A report from the applicant’s Sponsoring Forester attesting to the type and term of work experience gained by the applicant in the course of fulfilling the experience requirement.Negative or unfavorable reports received by the Board of Examiners from references or the Sponsoring Forester shall be adjudicated individually and appropriate action taken. Additional information from the references or the Sponsoring Forester shall be sought in such cases. Normally, Council shall not allow applicants receiving a negative or an unfavorable report to write the Examination of Registration until the situation has been thoroughly investigated and resolved to Council’s satisfaction.
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APPENDIX B
CANADIAN FORESTRY ACCREDITATION BOARD (CFAB) CORE SUBJECT AREAS
1. Basic and Quantitative Sciences.
2. CFAB Dendrology Academic Standard.
3. CFAB Forest Ecology Academic Standard.
4. CFAB Forest Economics Academic Standard.
5. CFAB Forest Entomology Academic Standard.
6. CFAB Forest Fire Management Academic Standard.
7. CFAB Forest Hydrology Academic Standard.
8. CFAB Forest Management Academic Standard
.9. CFAB Forest Measuring, Monitoring and Forecasting Academic Standard.
10. CFAB Forest Operations Academic Standard.
11. CFAB Forest Pathology Academic Standard.
12. CFAB Forest Policy Academic Standard.
13. CFAB Forest Products Academic Standard.
14. CFAB Forest Soils Academic Standard.
15. CFAB Silvics Academic Standard.
16. CFAB Silviculture Academic Standard.
17. CFAB Tree Morphology Academic Standard.
18. CFAB Tree Physiology Academic Standard
Note: For detailed information, please log on to the RPFANS website at: www.rpfans.ca and www.cfab.ca
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APPENDIX C
MEMBERSHIP ENTITLEMENTS
Table 1. Active Membership Entitlements in the Registered Professional Forestry Association of Nova Scotia |
|
Entitlement to |
Membership Category |
|
Regular |
Emeritus |
Retired |
Non-Resident |
|
(i) |
(ii) |
|
Fees (%) |
100 |
0 |
50 |
50 |
100 |
|
Vote |
Yes |
Yes |
Yes |
No |
No |
|
Participate at Meetings |
Yes |
Yes |
Yes |
Yes |
Yes |
|
Newsletter |
Yes |
Yes |
Yes |
Yes |
Yes |
|
Use RPF 1 |
Yes |
Yes |
Yes |
Yes |
Yes |
|
1 also included the use of the words Registered Professional Forester
|
|
Entitlement to
|
Membership Category |
|
Foresters in Training |
Forestry Candidate |
Student |
Inactive |
Adjunct Forester |
|
Fees (%) |
50 |
50 |
25 |
50 |
50 |
|
Vote |
No |
No |
No |
No |
No |
|
ParticipateMeetings |
Yes |
Yes |
Yes |
Yes |
Yes |
|
Newsletter |
Yes |
Yes |
Yes |
Yes |
Yes |
|
Use RPF 1 |
No |
No |
No |
No |
No |
|
|
|
|
|
|
|
|
|
|
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APPENDIX D
GUIDELINES FOR PROFESSIONAL REPORTS AND THESES
The format for written materials is based on that used by the Canadian Journal of Forest Research. Current information on the format for the Canadian Journal of Forest Research is at http://pubs.nrc-cnrc.gc.ca/eng/journals/forauthors_cjfr.html
The presentations of scientific names shall be according to the current rules and regulations of The International Codes of: Zoological Nomenclature, Botanical Nomenclature, Nomenclature of Bacteria, Nomenclature for Cultivated Plants, and Virus Classification and Nomenclature. The rules and regulations of these Codes shall have priority over those of the Canadian Journal of Forest Research.
The authors must be careful to separate the format for the submission of a manuscript for publication and format of a published article. You are requested to read and become familiar with the Canadian Journal of Forest Research before writing your paper.
APPENDIX E
CODE OF ETHICS
TopicPage
1.00 - PREAMBLE .................................................................. 32
2.00 - ADHERENCE ................................................................ 32
3.00 - RESPONSIBILITY TO THE PUBLIC .................. 32
4.00 - RESPONSIBILITY TO THE PROFESSION .........33
5.00 - RESPONSIBILITY TO THE CLIENT OR EMPLOYER . .....................................................................34
6.00 - RESPONSIBILITY TO THE MEMBERS ............ 34
1.00 - PREAMBLE
No detailed Code of Ethics can prescribe the conduct appropriate under any and all circumstances.Often the choice lies between two or more evils rather than between an action which is patently right and one which is obviously wrong.It may be that, in certain situations, a member could not possibly comply with all articles of this Code simultaneously.Then the Member should try to satisfy the basic aims of the Code as far as possible even if to do so involved a breach of the letter of the Code.Therefore, this Code shall be interpreted within the following guiding principles.
(a) The Golden Rule – “Do unto others as you would that they should do unto you”.The Golden Rule shall be used as the governing criterion of conduct.
(b) Loyalty to basic professional ideals shall be paramount to technical breaches of this Code. Conversely, actions which are within the letter of these articles but which violate commonly accepted standards of honourable conduct shall be considered breaches of professional ethics.
(c) No less weight shall be given to the motive for a course of action than is given to the action itself.Contrived evasions of these articles may be more culpable than overt acts of omission or commission.On the other hand, honourable errors of judgment are not in themselves unethical, and therefore their results should be judged with charity, understanding, and justice rather than by a strict observance of the written word alone.
2.00- ADHERENCE
All Members, however and wherever they may practice, are bound by the Code of Ethics set out hereunder and as such have responsibilities to the public, the profession, the client or employer; and other Members.
3.00- RESPONSIBILITY TO THE PUBLIC
The Members responsibilities to the public are to:
(a) Advocate and practice good stewardship of forest land based on sound ecological principles in order to meet the objectives of the owner without compromising the opportunities for present and future generations in the use and value of the forest to society;
(b) Have proper regard in all work for the safety, health and welfare of the public;
(c) Provide factual and accurate information to advance public knowledge and understanding of forest policies, the practice of forestry and it’s function in society;
(d) Maintain high standards of conduct in daily work and strive to raise the standards of practice;
(e) Work in a spirit of integrity, honour, fairness, good faith and courtesy;
(f) Act in a conscientious, diligent and efficient manner;
(g) Practice only in those fields where training and ability allows the Member to operate in a professionally competent manner;
(h) Not to make misleading or exaggerated statements regarding the membersqualifications or experience;
(i) Sign only documents, plans or work which they have prepared or carried out or which have been prepared or completed under their direct professional supervision or review; and,
(j) Express opinions on forestry matters only on the basis of adequate knowledge andhonest conviction, and discourage and refute the presentation of untrue, biased or exaggerated statements concerning the practice of forestry.
4.00 - RESPONSIBILITY TO THE PROFESSION
The responsibility of the Member to the profession is to:
(a) State clearly on whose behalf professional statements or opinions are made;
(b) Keep informed in the members’ field of practice and to be aware of current issues and developments in forestry;
(c) Not to misrepresent facts;
(d) Contribute to the work of forest societies and educational institutions and to advance scientific and personal knowledge;
(e) Conduct themselves towards other Registered Professional Foresters with fairness and in good faith;
(f) Not to publicly malign the work, reputation or business of other Members or Registered Professional Foresters; and,
(g) Advise the registrar of any practices by any Registered Professional Forester which they believe may be contrary to this Code of Ethics.
5.00 - RESPONSIBILITY TO THE CLIENT OR EMPLOYER
The responsibility of the Member to the client or employer is to:
(a) Act for their employer or client in a conscientious, diligent, and efficient manner;
(b) Obtain a clear understanding of the client or employer’s objectives;
(c) Not to disclose confidential information of the employer or client, without their consent except as required by law;
(d) Accept only those assignments for which the member is qualified, or seek assistance from knowledgeable peers or specialists, whenever their field of practice is outside the members competence;
(e) Advise their employer or client of the consequence of any contemplated course of action which in their professional opinion is not based on sound forestry practices;
(f) Levy only those charges for services rendered that are fair and due;
(g) Refuse any assignment that creates a conflict of interest;
(h) Not accept compensation in any form from more than one employer or client for a particular service, without the consent of all; and,
(i) Abstain from undignified public communication.
6.00 -RESPONSIBILITY TO THE MEMBERS
The responsibility of a Member to other Members is to:
(a) Not unfairly criticize the work of other Members or attempt to damage the professional reputation or business of another member;
(b) Provide opportunity for the professional development and advancement of other Members in the Member’s employ or supervision;
(c) Give credit for professional work to whom the credit is due; and,
(d) Share knowledge and experience with other Members.
APPENDIX F
DISCIPLINARY PROCESS
TopicPage 1.00PREAMBLE ................................................................................. 35
2.00PUBLIC PROCESS……………………………………. 35
3.00DISCIPLINARYPROCESS.......................................................35
3.01COMPLAINT REGRISTRATION---------------------------------------35
3.02COMPLAINT NOTIFICATION-----------------------------------------35
3.03COMPLAINT FORM------------------------------------------------------36
3.04 AGE OF COMPLAINT----------------------------------------------------36
3.05AVOIDING THE DICIPLINARY PROCESS--------------------------36
3.06INITIAL SCREENING----------------------------------------------------36
3.07INITIAL SCREENINGS---------------------------------------------------36
4.00INVESTIGATION COMMITTEE-------------------------------------36
4.01MEMBERSHIP--------------------------------------------------------------37
4.02GUIDELINES FOR MEMBER SELECTION--------------------------37
4.03INVESTIGATION PROCEDURES--------------------------------------38
4.04TIMETABLE-----------------------------------------------------------------38
4.05REASONABLE DELAY---------------------------------------------------38
4.06DECISION--------------------------------------------------------------------38
4.07NOTIFICATION-------------------------------------------------------------38
5.00REVIEW COUNCELLOR------------------------------------------------39
5.01QUALIFICATIONS---------------------------------------------------------39
6.01MEMBERSHIP ...................................................................................39
6.02DISCIPLINE PRE-HEARING ...........................................................39
6.03DISCIPLINE HEARING ....................................................................40
6.04COSTS ............................................................................................... 41
6.05QUORUM AND DECISION.............................................................42
7.00SUSPENSION ................................................................................42
8.00PENALTIES AND SANCTIONS .............................................42
Figure 1. Suggested format of a Letter for filing a Complaint ………………43
1.00 - PREAMBLE
The disciplinary process described in the following pages is necessary to help ensure the competency of Members of the Association.To assure high quality of forest management practitioners, the disciplinary process shall provide a mechanism for persons to question the actions of a Member whom they believe is not practicing with due diligence. This process shall apply in situations where complaints are: (a) against a Member by another Member, (b) against a Member by the public, and (c) against a Member by an employer.
2.00 - PUBLIC PROCESS
The disciplinary process shall be transparent and the results of any investigation shall be announced publicly.
3.00 - DISCIPLINARY PROCESS
The basic elements of the Disciplinary Process are complaint registration and acknowledgment, screening of complaints, notification procedures, investigation process, hearing, decision-making, penalties, and appeals process.
3.01 - COMPLAINT REGISTRATION
All complaints must be in written form. Complainants who contact the Association by telephone shall be advised to submit their complaint(s) in writing.To facilitate the process the Registrar shall provide a Complaint Registration Form (Figure 1) to the complainant, a covering letter explaining how to fill in the form, and provide examples to follow.Missing information shall not disqualify a complaint from further processing.The form should be filled in by the complainant.However, the President shall assist in complaint preparation upon request by the complainant. All complaints must be registered in a Complaints Log Book regardless of whether they arrive in the form of a call, letter or Complaint Registration Form.
3.02 - COMPLAINT NOTIFICATION
Complaints shall be directed to the President who shall acknowledge receipt within 10 business days of receipt thereof.If the President or Vice-President are unable to acknowledge the receipt of the complaint within 10 days then the Registrar shall do so. Complaints can only be lodged against Members of the Association.Should a complaint be lodged against a non-member, the President shall advise the complainant that the complaint is not an Association matter. However, at the discretion of the President, the nature of the complaint may be pursued for purposes of education of the Association. Only individuals can make complaints against Members. A corporate complaint, through an individual, shall identify the Corporate Person on who’s behalf the complaint is being made.
3.03 - COMPLAINT FORM
The Complaint Registration Form shall be the principal medium for a complaint registration (Figure 1).At minimum the Complaint Registration Form must have information about who, what, where, when, relating to the incident or action upon which the complaint is based.
3.04 - AGE OF COMPLAINT
Complaints must be filed within six years of an action upon which the complaint is based. Complaints arising from incidents or actions greater than six years previous to the date of submission of the complaint or prior to 1 February 2001 shall not be subject to the discipline process. At the discretion of the President, upon receiving complaints relating to incidents occurring greater than six years previous or prior to 1 February 2001 and relating to incompetence or negligent practices, based on knowledge of the time, the Association may investigate and make recommendations on the practice itself, without being able to take punitive measures, for purpose of education of the Association.
3.05 - AVOIDING THE DISCIPLINARY PROCESS
The Association may consider someone a Member until a complaint against them has been dealt with by the normal process.A Member against whom an action has been initiated may not resign in order to avoid or end the process.Investigation and Disciplinary action shall proceed with or without participation by the Member.
3.06 - INITIAL SCREENING
Preliminary analysis of the relevance of a complaint shall be based upon the written submission of the complainant. The initial "screening" shall be carried out by the President and shall include the following considerations:
(a)Is the person subject to the complaint a Member; and
(b)Is the alleged incident related to professional misconduct or a breach of the Code of Ethics (Appendix E).
3.07 - INITIAL FINDINGS
Findings of relevance or non-relevance by the President shall be reviewed by the Chairperson of the Investigation Committee before notification of the relevant Member and the complainant about the course of action to be followed. The Chairperson and President must be in agreement as to the relevance of a complaint.Upon reaching an agreement, the President shall advise the complainant and Member that an investigation shall be initiated or not initiated. If the complaint request is rejected then the President shall inform, in writing, the complainant of the reasons for the rejection.
4.00 - INVESTIGATION COMMITTEE
It is the responsibility of the Investigation Committee to gather evidence and determine whether a complaint is sound, accurate and whether there are grounds for a disciplinary hearing.All complaints passing the screening shall be investigated and a clear recommendation for proceeding, or not proceeding, to a disciplinary hearing shall be provided in writing to the President. The Association shall take measures to develop an investigation procedures manual which shall be periodically reviewed and revised as necessary.Basic training for members of the Investigation Committee shall be provided through methods deemed appropriate by the Association. During an investigation, the Members of the Investigation Committee shall keep confidential the workings and findings of that Committee.
4.01 - MEMBERSHIP
The Investigation Committee shall be comprised of:
(a) The President of the Association who shall have an advisory role to the committee but shall not have a vote in decisions of the committee;
(b) The Past President of the Association or, if necessary, a Member enabled to vote, as appointedby Council, who shall be designated as the Chairperson of the Investigation Committee;
(c) One lay person who shall be selected from a "pool" of available individuals who have agreed to be available for up to two years.The nominee shall not be a Member of the Association; and
(d)Additional Members, as required, who shall be jointly selected by a majority of the Chairperson, lay person and President.These Members shall be guided by the Chairperson and shall be used in the event the frequency of investigations strains the availability of the Chairperson.
It is envisioned that the Chairperson shall participate directly in some investigations, but may designate regional Members to lead investigations as necessary.The lay person shall be a "public" representative charged with the responsibility of providing an objective opinion on practices and procedures relating to the investigation.
4.02 - GUIDELINES FOR MEMBER SELECTION
Selection of additional Members for the Investigation Committee shall be the responsibility of the Chairperson.The Chairperson shall evaluate complaints and attempt to find an investigating Member of the Association with: (a) appropriate experience, (b) no conflict of interest, and (c) a person who is likely to accept the burden of the investigation. In order to distribute the workload, lay people who serve on the Investigation Committee shall be replaced after serving on the Committee for two complaints.
4.03 - INVESTIGATION PROCEDURES
The Chairperson shall review complaints, after the initial screening, in conjunction with the President to determine whether a complaint requires investigation. The Chairperson of the Investigation Committee or the designate shall lead each investigation. The principle is that the Chairperson shall investigate directly when the number of complaints allows or delegate and oversee the investigation process when there are too many for him/her to be involved with directly or when it is more feasible for another Committee member to conduct the investigation. All Members who serve on the committee shall receive training and guidelines material regarding evidence, due process and investigative procedures.
4.04 - TIMETABLE
The Chairperson shall provide, in writing, to the Committee the grounds of the complaint and chronology of events associated with the grounds of the complaint. The Committee must set out its timetable for investigation and reporting and notify both the complainant and Member within 30 days of a referral from the President or Investigation Committee Chairperson. The President shall advise the Member against whom a complaint has been lodged and the complainant of their rights and of the investigation timetable.
4.05-DELAY
The investigation and recommendation of the Investigation Committee shall be concluded as quickly as possible.It is anticipated that commencement of some investigations may be delayed up to six months if seasonal conditions shall not permit a thorough investigation, but under no circumstances, shall an investigation take more than one (1) year.
4.06 - DECISION
The Investigation Committee shall reach a consensus on whether a complaint shall proceed to a disciplinary hearing and the Chairperson shall advise the President of its findings. If a disciplinary hearing is required then the President shall advise both parties of the time, date, and location of the hearing.Each party shall be advised of their rights in the process. If a disciplinary hearing is unwarranted, the President shall advise both parties of the decision and their rights at this point.If the complainant is satisfied with the results of the investigation no further action is required.If the complainant is unsatisfied and requests, in writing, for a further review of both the original charge and the report of the Investigation Committee then the President shall ask for the case to be reviewed by a Review Counselor.
4.07 - NOTIFICATION
If the Review Counselor is in agreement with the Investigation Committee report, the President shall be advised to notify the complainant that no further action shall ensue. If the Review Counselor disagrees with the Investigation Committee report or finds that some evidence may have been overlooked, the matter shall be resubmitted to the Investigation Committee complete with suggestions for augmenting the report.The Investigation Committee shall act upon suggestions or provide reasoning as to why the initial decision is justified.
5.00 - REVIEW COUNSELLOR
The purpose of the Review Counselor is to review findings of the Investigation Committee when a complainant has made it known in writing that they are unsatisfied with the decision of the Investigation Committee. The complainant shall be required to submit a letter detailing their dissatisfactions. These dissatisfactions and the report, and associated findings, of the Investigation Committee shall be the basis of the Review Councilor’s evaluation.
5.01 - QUALIFICATIONS
The position of Review Councilor shall be filled by an Emeritus Member of the Association, appointed by the Council, for a term of two years.If an Emeritus Member is unavailable to fill the role of Review Councilor then the President shall make the appointment from Members who are entitled to vote.
6.00 -DISCIPLINE COMMITTEE
The purpose of the Discipline Committee shall be to conduct hearings to review the findings of the Investigation Committee with the complainant and with the Member; determine misconduct of the Member; and where necessary, to assign appropriate penalties against the Member.
6.01 - MEMBERSHIP
The Discipline Committee shall be comprised of five members: one Chairperson, three additional Members of the Association, who are entitled to vote, and one lay person from the "pool" described in section 4.01 (c).The Discipline Committee shall consist of Members who have not participated in any previous elements of the complaint being investigated.
6.02 - DISCIPLINE PRE - HEARING
When a complaint is deemed to be one that requires a Disciplinary Hearing (the “Hearing”), the President shall engage a lawyer (legal counsel) who shall assist in the wording of the charge.The charge must be specific in regards to the offence, time and place. The charge shall be signed by the President and sent to the accused Member by registered mail with Notice that a hearing shall be held at a specified time and place. The accused Member shall be given at least two weeks (14 days) from the date of the Notice of Hearing before the hearing is held. The accused Member is entitled to their own legal counsel.All proceedings after the pre-hearing shall be recorded by a qualified individual as determined by the President.All witnesses must be sworn before giving evidence.
6.03 - DISCIPLINE HEARING
The following steps shall guide any discipline hearing:
(a) The charge is read by the Registrar;
(b) If the accused Member is absent, the Registrar demonstrates proof that the charge and Notice of the hearing were delivered to the accused Member;
(c)If the accused Member fails to appear at the Hearing, the Chairperson may, upon proof that the Charge and Notice of the Hearing were served on the Member, proceed with the Hearing;
(d) The Chairperson inquires if the accused Member admits or denies the Charge;
(e)If the accused Member admits the charge, the Chairperson shall receive any submission the accused Member may wish to make concerning mitigating circumstances and penalties to be imposed;
(f)The Association’s legal counsel shall then outline the severity of the charge, and make a Submission regarding penalties;
(g) If the accused Member denies the charge, evidence must be called by both parties;
(h)The Association’s legal counsel outlines the facts relating to the charge and refers to thespecific provision of the Nova Scotia Foresters Act, By-Law, or Code of Ethics that is alleged to have been violated;
(i)The Association Counsel should also instruct the hearing regarding any principles of law that are pertinent;
(j)Members of the Discipline Committee should raise any questions they may have regarding the meaning of any part of the Act, By-Laws or Code of Ethics, or they may ask for clarification regarding matters of law;
(k)The Association’s legal counsel submits evidence in the form of documents, and calls witnesses, if any;
(l)Each witness called by the Association may be cross-examined by the accused Member, or his or her representative;
(m)The witness may then be briefly re-examined by the Association Counsel;
(n) Following the examination of each witness, the Chairperson should inquire if anymember of the Discipline Committee wishes to question the witness; after any such questioning, both counsel may briefly re-examine matters arising from questions by members of the Discipline Committee;
(o)The accused Member then submits evidence and calls witnesses, which mayinclude evidence given by the accused Member; each witness may be cross-examinedand re-examined;
(p)When all the evidence has been submitted, and examination of all witnesses is complete, each counsel shall submit a summary of the evidence and state the facts which they feel are supported by the evidence;
(q)The Chairperson shall then have various alternatives, being:
(i)The Hearing may be briefly adjourned while the Discipline Committee considers a decision;
(ii)The Hearing may be adjourned, to be reconvened at a specified time and place when a decision shall be given; and
(iii)The Hearing may be adjourned with the accused Member being told that they shall be informed of the decision by mail;
(r)In the case of a guilty decision, where the offence is serious, or where the Discipline Committee considers there may be mitigating factors, the Chairperson may reconvene the Hearing to hear arguments regarding the penalty to be imposed.In this case the accused Member shall be informed of the decision and be given a suitable time to prepare arguments. Also, the Association’s counsel would submit arguments concerning penalty;
(s)The accused Member is informed in writing regarding the decision and penalty; and,
(t)The Registrar is instructed by the Discipline Committee Chairperson to see that the penalty, if any, is carried out.
6.04 - COSTS
If the accused Member is found to be not guilty of the alleged offence, all costs shall be borne by the Association. If the accused Member is found to be guilty of the alleged offence, any or all costs associated with the case, as determined by the Discipline Committee, shall be the responsibility of the Member.Such costs/penalties assigned may include, but are not limited to those items identified in section 8 of this appendix.In addition, the Discipline Committee may direct the Association to cover any of the costs deemed appropriate.
6.05 - QUORUM AND DECISION
Meetings of the Discipline Committee require a quorum of at least three members of the Committee.The decision of the Committee shall be established where at least three members of the Committee approve a resolution.If a member of the Discipline Committee is absent from any element of the disciplinary process they shall not be eligible to vote on the final decision.
7.00 -SUSPENSION
The chairperson of the Discipline Committee has the right to suspend the registration of a Member under investigation pending the decision of the Discipline Committee.
8.00 - PENALTIES AND SANCTIONS
The Discipline Committee may assign, but is not limited to, the following penalties on Members at the conclusion of the Discipline process:
(a) Suspension (1-3 years);
(b) Expulsion;
(c) Probation (with/without mandatory supervision) - from one to three years;
(d) Fines (from $500.00 to $10 000.00);
(e) Costs of proceedings including hearings and investigation;
(f) Costs of legal counsel;
(g) Public apology;
(h) Education/training; and
(i) Payment for costs of investigation.
FIGURE 1
Suggested Format for a Letter for Filing a Complaint
Registered Professional Foresters Association of Nova Scotia (RPFANS)
PO Box 1031, Truro, NS, B2N 5G9
To: Registrar, Registered Professional Foresters Association of Nova Scotia
From: (Complainant Name): ---------------------------------------------------------________________________________________________________________________
Civic Address:--------------------------------------------------------------------------_____________________________________________________________________
City / Town ------------------------------------Prov.------------- Postal code-------------
_____________________________________________________________________________
Phone Number:----------------_ Evening:-------------------
__________________________ _______________________
Email address:-----------------------------------------------------------------
Occupation:-----------------------------------------------------------------____________________________________________________________________
Member of RPFANS;-------------------- or non-Member----------------------------------
This is to advise the Registered Professional Foresters Association of Nova Scotia that: ________
--------------------------------------------- (name of member) has committed unprofessional acts.
When:
Where:
What:
How:
Actions may be acts of professional misconduct pursuant to By-Laws Article 15 –Section(s) 15-01,
15-02. (Use additional sheets if required).
Dated at______________________________________,
This---------day of ---------------------(month)------------------(year)----------------------- __________________,______________
_____________________________________________________________________________
-------------------------------------------------------------
Signed (complainant)(Printed signature)
For Office Use Only
Complaint No.-------------------------______________________________________
Received by: -----------------------_____ (Registrar)---------------------------------------
Acknowledged by: ---------------------------(President or designate)----------------------------
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RPFANS bylaws
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