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From the Clerk of the Legislative Assembly: NOTICE OF MEETING STANDING COMMITTEE ON PRIVATE BILLS

April 3, 2012

NOTICE OF MEETING
STANDING COMMITTEE ON PRIVATE BILLS

The Standing Committee on Private Bills will meet on Thursday, April 12, 2012, at 10:15 a.m., in the Legislative Council Chamber.

By order of the Chairman.

Shayne Davies
Clerk Assistant

AGENDA

Bill 21, Rothesay Netherwood School Act.

Bill 22, An Act to Incorporate the Association of Registered Professional Foresters
of New Brunswick.

The members of the Committee are: Mr. Killen, Mr. Soucy, Mr. Parrott, Mr. Stewart, Ms. Wilson, Mr. Bertrand LeBlanc, and Mr. Melanson.

le 3 avril 2011

AVIS DE RÉUNION
COMITÉ PERMANENT DES PROJETS DE LOI D’INTÉRÊT PRIVÉ

Le Comité permanent des projets de loi d’intérêt privé se réunira le jeudi 12 avril 2012 à 10 h 15, à la Chambre du Conseil législatif.

Par ordre du président.

Shayne Davies,
greffier adjoint de la Chambre et greffier
aux comités

ORDRE DU JOUR

Projet de loi 21, Loi sur la Rothesay Netherwood School.

Projet de loi 22, Loi constituant en personne morale l’Association des forestiers autorisés du Nouveau-Brunswick.

Les membres du comité sont les suivants : M. Killen, M. Soucy, M. Parrott, M. Stewart, Mme Wilson, M. Bertrand LeBlanc et M. Melanson.

8 DAYS LEFT – Where to send your letters objecting to Bill 22: An Act to Incorporate the Association of Registered Professional Foresters of New Brunswick

As the NBFTA begins our campaign to block the passage of Bill 22 in conjunction the many Stakeholders who also object, the working group asks that you direct all correspondence to the following MLA’s when voicing your concern over this:

Mr. Killen, Chair: Carl.Killen@gnb.ca
Tel: (506) 642-9774
Mr. Soucy, VC: Danny.Soucy@gnb.ca
Tel: (506) 473-7740
Mr. Parrott: Jim.Parrott@gnb.ca
Tel: (506) 757-2088
Mr. Stewart: Jake.Stewart@gnb.ca
Tel: (506) 843-7729
Tel: (506) 372-3301
Mr. Bertrand LeBlanc: Bertrand.LeBlanc@gnb.ca
Tel: (506) 876-3592
Tel: (506) 869-7000

YOU MUST RESPOND BY NO LATER THAN APRIL 12TH at 10:15 AM. NO SUBMISSIONS WILL BE ACCEPTED AFTER THAT TIME. THAT IS ONLY 8 DAYS FROM NOW.

Ideally you will send correspondence to each individual above and outline how this Act will affect you.

As a technician / technologist please remember that we were given an exemption and then had it retracted in the final draft. The draft document has been read, re-read, and read again. The ARPFNB was made aware of this omission on numerous occasions, all documented, leading up to first reading of the Act. It is the position of the NBFTA that the exemption removal was not an oversight by the ARPFNB.

That being said, even with an exemption, the NBFTA can not support this legislation because the Stakeholders identified failed to offer public support when solicited by the Executives of both ARPFNB and NBFTA.

Other bullet points to consider when crafting your letter of opposition:

  • You have to be a member of the ARPFNB to practice professional forestry in New Brunswick.
  • To be a member you must have a forestry degree from a recognized university.
  • The ARPFNB will have the power to determine what the practice of professional forestry in New Brunswick is.
  • If you are a private contractor who practices professional forestry in New Brunswick you will have to be a member of the ARPFNB in order to continue to practice professional forestry.
  • No single organization should have the power to dictate what constitutes professional forestry and set regulations to enforce those standards to all Stakeholders in the New Brunswick Forest Sector. Especially when those Stakeholders were not included in the drafting of the Act.
  • Private members bills are not to be used for legislation that is of public concern. This Act is of great public concern because it allows one small group of people to dictate how professional forestry is practiced throughout New Brunswick.
  • If this Act passes then a vast number of professionals and vocational workers will be excluded from doing the jobs for which they are trained to do. For example if this Act passes then a technician/technologist will not be allowed to do the following in a design and planning capacity:
  1. forest inventory work (timber cruising)
  2. silvicultural and harvest prescriptions for forest stands
  3. the analysis and assessment of the capability of forests, forest lands, and forest ecosystems to yield a flow of timber and other values
  4. the location of forest transportation systems (road location)
  5. the conservation, protection and renewal of forests, forest lands, and forest ecosystems
  6. the auditing of results of planned activities on forests, forest lands and forest ecosystems
  7. preparing, reviewing, amending and approving forest management and operating plans (this will apply to private land too)
  8. If you are teaching a core forestry course and you are not a member of the ARPFNB then you can no longer teach. Remember it will be the ARPFNB that decides what a core course is. Please be aware that a significant number of teachers in the forestry educational system are not foresters but technicians, technologists, and scientists.

For laborers and other forest workers who do not have a formal education from either a community college, forestry school, or university you can be affected by this too. The NBFTA is aware of numerous individuals who do not have such training but have been doing the work of technicians/technologists and foresters for years. You will be affected by this Act because you will not be eligible to join unless you go to university and obtain a forestry degree.

We, as an organization, have solicited many opinions on whether our interpretation of this Act was wrong. To date no one, including the ARPFNB has provided an alternative interpretation. In fact we have become aware that at least one ARPFNB member has resigned or in the process of resigning from ARPFNB because the member agrees with our interpretation and intends to oppose it.

Please send your letters to the contact list above ASAP as no submissions will be accepted after 10:15 AM on Thursday, April 12th, 2012.

The NBFTA Position on Right to Practice: A quick version

In response to members of the ARPFNB publicly posting correspondence to us on this website I think a condensed version of our position is in order:

FACT: There is no exclusion clause for Forest Technicians and Technologists in Bill 22. It was there and the ARPFNB removed it.

FACT: A broad range of Stakeholders were identified and agreed to by both Executives of the NBFTA and ARPFNB in 2009/2010. Letters of support were requested from these Stakeholders, none were received. Some letters of rejection were received.

That is what led to the NBFTA rejecting Bill 22.

At the end of the day the Stakeholders have overwhelmingly rejected Right to Practice in its current form.

Bill 22: An Act to Incorporate the Association of Registered Professional Foresters of New Brunswick

First reading of Bill 22: An Act to Incorporate the Association of Registered Professional Foresters of New Brunswick, was presented in the New Brunswick Provincial Legislature today, March 30th 2012, by PC Yvon Bonenfant MLA, Madawaska-les-Lacs.

Click the image above to download a copy of the Act as it was presented.

It is the opinion of the NBFTA that this legislation, if enacted, will prevent Forest Technicians from practicing forestry within New Brunswick. We have asked many people and organizations, including the Association of Registered Professional Foresters, to offer us an alternative interpretation of the Act which explicitly states:

RIGHT TO PRACTISE

25 No person shall practise professional forestry in New Brunswick, either privately or employed by another, unless registered to practise under the provisions of this Act and the by-laws.

To date no one has been able to offer us an alternative explanation.

Brett Hanson: NB forest technicians unhappy with proposed legislation

The following article, written by Brett Hanson, appeared in The Working Forest Newspaper on March 30th, 2012.

Forest technicians may be barred from practicing forestry in New Brunswick if proposed new legislation is accepted.

The New Brunswick Forest Technicians Association (NBFTA) is sounding the alarm over this proposed legislation. The legislation, drafted by the Association of Registered Professional Foresters of New Brunswick (ARPFNB) is  entitled ‘An Act to Incorporate the Association of Registered Professional Foresters of New Brunswick’ and is intended to define the profession of forestry, its accountability, and establish disciplinary procedures and offenses for violations. However, the document clearly states under “Right to Practice” that no person shall practice professional forestry unless registered as a Registered Professional Forester (RPF). It is this portion that has Gareth Davies, NBFTA President deeply troubled.‘

Davies says that this wording bars forest technicians from practicing forestry in the province. The NBFTA contends that this will not only have profound effects on forest technologists but the industry and province at large.

“This is the third attempt at bringing right to practice legislation to New Brunswick. The technician’s association has always been interested and involved in this process,” Davies said. “The NBFTA had a vote in our association in April 2011 to oppose the legislation and to discontinue our participation in it. The reasons for that being that both ourselves and the foresters association failed to get broad-based support for it in the forestry sector.”

You can read the rest of the article at http://www.workingforest.com/nb-forest-technicians-unhappy-proposed-legislation/

NBFTA Open Letter Opposing ARPFNB Right-To-Practice Proposed Legislation. Contact your MLA

Hello

As per the NBFTA membership mandate, the Executive has issued a public statement in opposition to the ARPFNB Right-To-Practice Proposed Legislation. To do your part, as a member of the NBFTA, we ask that you contact your MLA and voice your concerns over this proposed legislation.

NBFTA Official Response in Opposition to Proposed Right-to-Practice Legislation

ARPFNB’s final draft of proposed legislation

Link to MLA email contact list

2012 NBTA AGM: March 29, 2012 at 1 PM Ramada Crystal Palace, Moncton

The 2012 NBFTA AGM will be held at Ramada Crystal Palace on March 29th 2012 at 1 PM.  Our AGM will be in conjunction with the 93rd Canadian Woodlands Forum which runs from Tuesday, March 27th – Thursday, March 29th.

Attached you will find a tentative agenda for the Woodlands Forum. The NBFTA agenda will be set at an Executive Meeting to be held on March 29th at 10 AM at Ramada Crystal Palace. If you have an agenda item please send it to me ASAP.

Thanks

Todd

NBFTA AGM & Woodlands Forum Tentative Agenda 2012

Duke Hughes: UP BOYS UP

On Friday, February 10th, 2012 at approximately 2:45PM Duke Hughes died after a brief illness. A fighter who never quit at anything that he did,  lost the fight that we all shall lose one day: the fight for life.

For those of you lucky enough to have had him as the Caretaker of Residence A at the Maritime Forest Ranger School, I am sure you can remember how many times he helped you and your classmates make it to class on time with his famous bellow “UP BOYS! UP!”

Or if you were stupid enough to sass him, he would show you two clinched fists saying “One is hospital and one is death. Which one do you want?”

Dukes Hughes 1929 – 2012

While MFRS can tell anyone how many people graduated from their program year-by-year, the statistic of how many asses Duke kicked and saved, so they could receive their diploma, was not tracked. I have a feeling it was a lot, for he continued to kick ass right up until his death.

A father, a husband, a grandfather, a great grandfather, an uncle, a cousin, a friend. He loved his family deeply. There was no other like Duke Hughes. The essence of the human fighting spirit!

Duke was surrounded by family and loved ones at the time of his death. Please check back here for visitation and funeral arrangements.

I miss you and love you Uncle Duke.

Your nephew;

Todd

UPDATE:

Hyulett Manzer “Duke” Hughes

1929-2012

Hughes, Hyulett Manzer “Duke”

The death of Duke Hughes of Waasis, NB occurred at the Dr. Everett Chalmers Hospital on Friday, February 10th, 2012.  Born in South Devon, NB on February 16th, 1929, he was the son of the late John and Mabel (Howland) Hughes and husband of the late Geraldine (Howland) Hughes.

Duke had a passion for farming and enjoyed working on the farm as much as possible.  He was employed his whole life as a laborer but there was no other job he loved more than being a janitor at the Maritime Forest Ranger School.  He was more like a house father to the young men who attended school there and they will remember him for his “up boys up!” statement.  Duke was also an avid sports fan who kept up on the Toronto Maple Leafs and the Blue Jays.

Duke is survived by his daughters, Marian Tibbits (Delbert) of Waasis, NB and Shirley Hughes of Gagetown, NB; brother, Clyde Hughes (Patricia) of Moncton, NB; sister, Jacqueline MacPherson of Fredericton, NB; six grandchildren as well as four great-granddaughters.

He is predeceased by his wife, Geraldine; his parents; twin brother, Ewart; brother, Mark and sisters, Phyllis and Pauline.

Visitation will take place at Oromocto Funeral Home, 108 Winnebago St. on Monday, February 13, 2012 from 2-4 and 7-9 pm.  The funeral service will be held at the Oromocto Funeral Home Chapel on Tuesday, February 14, 2012 at 2:00 pm.  His son-in-law, Rev. Delbert Tibbits will officiate.  Interment will be in the Waasis Cemetery at a later date.  Memorial tributes in Duke’s honor may be made to the Sunset Church Building Fund.  Online condolences can be made at www.oromoctofh.com.

Letter to the Editor: Key stakeholders have had no voice Re: Proposed foresters legislation

The following appeared in The Daily Gleaner on Thursday November 17th, 2011

Key stakeholders have had no voice

Re: Proposed foresters legislation

On behalf of the New Brunswick Forest Technicians Association (NBFTA), I wish to respond to the legal notice posted by the Association of Registered Professional Foresters of New Brunswick (ARPFNB), on Oct. 14.

The NBFTA had been involved in the drafting of this proposed legislation entitled “An Act to Incorporate the Association of Registered Professional Foresters of New Brunswick,” and voted to oppose this proposed legislation on April 7.

This proposed legislation intends to define the profession of forestry and its accountability, and establish disciplinary procedures and offenses for violations. The implications of defining the forestry profession and its accountability will have profound effects on the entire N.B. forest sector. The NBFTA believes this proposed legislation must receive the formal participation and support of key stakeholders.

Key stakeholders have not participated in the drafting of this proposed legislation. The ARPFNB has failed to get any letters of support for this proposed legislation from key stakeholders.

The NBFTA represents professional forest technicians and technologists in the province. Professional forest technicians and technologists play a vital role throughout the New Brunswick forest sector. The NBFTA is not opposed to professional certification and accountability, but it is opposed to this proposed legislation and the process in which it was drafted.

Due to the social and economic importance of the forest sector to the province of New Brunswick, this proposed legislation is of general public concern. The NBFTA cannot support this proposed legislation.

A detailed account of our position can be found on the NBFTA website: http://www.nbfta.org/

Gareth Davies

President, NBFTA