Category Archives: Right To Practice

AGM News, Notices, Right To Practice

2023 AGM Announcement

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The NBFTA will be holding an in-person AGM this year with a virtual option for those who cannot make it in person.

The AGM will be held on March 25, 2023 @ 10am at the Maritime College of Forest Technology in Fredericton, NB.

We expect the AGM to run as it has in past years, including an update from MCFT on CE events, as well as updates from the NBFTA Executive and Committees.

We will be continuing our discussion with Right to Practice and deciding if we would like to conitinue with this initiative in partnership with the ARPFNB. It is important for you to attend in order to hear what is being proposed and for us to hear your voices and perspectives.

To attend the AGM, you must have your membership paid in full (or a commitment from your employer that the membership will be paid for those in a group situation). Most should have received an invoice from the Treasurer, Chris Finnamore, if you have not received an invoice, please contact Chris at ckfinnamore@rogers.com . To pay your membership, an e-transfer can be sent to: nbftatreasurer@gmail.com or cheque can be mailed to:
New Brunswick Forest Technicians Association
1350 Regent Street
Fredericton, NB
E3C 2G6

To register for the virtual option of the AGM, please send an email to Dusty Corey at dcorey@acadiantimber.com.

Thanks,
Riley

Riley Côté-DeMerchant
Secretary
NBFTA


Right To Practice

Right to Practise Update

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On the right hand side of the website under the category “INFORMATION REGARDING PROPOSED RIGHT TO PRACTICE LEGISLATION” you will find draft legislation, bylaws and a “guiding principles” document all pertaining to draft/ proposed right to practise legislation.  The guiding principles document was designed to assist us through the process to this point.  Both the NBFTA and the ARPFNB have worked jointly on these documents to date. 

Please take some time to review them.  In brief, this legislation would limit the right to practice professional forestry to registered members of this new association. 

Under the proposed legislation, the “Practice of professional forestry” means the provision of services or undertakings which, because of their scope and implications respecting forests, forest lands, forest resources and forest ecosystems, require the specialized education, knowledge, training, and experience of a registered member, and includes(a) designing, planning, directing, or advising with respect to:
     (i) the inventory, classification, appraisal, evaluation, and certification of forests and forest lands,
     (ii) silviculture prescriptions and treatments of forest stands, including the harvesting of timber,
     (iii) planning, locating and approving forest transportation systems, including forest roads,
     (iv) conservation, reclamation, and renewal of forests and forest lands, and
     (v) the protection of forests and forest lands.
(b) the preparation, review, amendment and approval of forest management and operating plans and administration of forest lands.
(c) assessing the impact of planned activities on forests, forest lands and forest ecosystems.
(d) auditing, examining, and verifying the results of planned activities on forests, forest lands and forest ecosystems.
(e) assessing, estimating, and analyzing the capability of forests, forest lands, and forest ecosystems to yield a flow of timber and other values.
(f) teaching core forestry subjects as defined in the by-laws at a college, technical institute, or university. 
Feedback on the proposed Act and Bylaws can be made here: Comments Here

On June 22, we will be holding two virtual RTP Information Sessions at 12pm (noon) and 7 pm.  These will be joint sessions and each session is intended to be the same, but we’re having two to accommodate our members busy schedules.  

RTP Information Session 1

Time: Jun 22, 2022 12:00 PM (ADT)

Join Zoom Meeting: https://us06web.zoom.us/j/85730863408?pwd=NkY2cytRWGUxejExRThCbnVQZHdxQT09   

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RTP Information Session 2

Time: Jun 22, 2022 07:00 PM (ADT)

Join Zoom Meeting: https://us06web.zoom.us/j/82889733011?pwd=Y2x4RlZuVmNsNCtiTmdRcllEeW11Zz09

Forestry In The News, Misc, Right To Practice

Review of Forest Practices in Nova Scotia

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Hi All,

In the past several months, Nova Scotia had “An Independent Review of Forest Practices in Nova Scotia”. Below is the Executive Summary, Conclusions and Recommendations. This was completed by William Lahey of Dalhousie University.

Note the conclusions on Forestry Professionals on Page 57.

Riley

Lahey_FP_Review_Report_ExecSummary

DOWNLOAD HERE:Executive Summary, Conclusions and Recommendations

The Addendum contains some very interesting material around forestry practices:

ADDENDUM:Addendum for An Independent Review of Forest Practices in Nova Scotia

From the President, Right To Practice

Oppositon to Bill 22- next steps

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Hi Everyone,

I do not want us all to lose our momentum. I am encouraging everyone to re-address their letters of opposition and send them to their MLA. I would also suggest that you CC Premier, David Alward.

Below you will find a link to the MLA contact list.

We cannot afford to lose our momentum while we wait. We don’t want this to go to Second Reading without us informing our MLAs and the Premier of our opposition to Bill 22.

Gareth

Link to MLA email contact list

From the President, Right To Practice

Gareth Davies: Yesterday’s meeting of the Standing Committee on Private Bills was an extraordinary event

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Hi Everyone,

Yesterday’s meeting of the Standing Committee on Private Bills was an extraordinary event. Thanks to those who could make it. For those who could not make it I will try and summarize the key events.

First and foremost, it was clear to me that the MLAs that asked questions (about half of them) were obviously concerned and informed. This can only be the result of all of our correspondence over the last 10 days. I want to congratulate all of us for having the motivation and bravery to speak out against Bill 22. I was greatly impressed with ALL of the letters I read. They were all professional, clear, concise, and reasonable. I am so proud of the strength and integrity of forestry practitioners in this province.

I was very relieved that there were pointed and intelligent questions coming equally from both Conservative and Liberal MLAs. I think that we can be re-assured that there is no political agenda coming from Cabinet that would push Bill 22 through.

The proponents of Bill 22 appeared to be incapable or unwilling to answer any of the questions or concerns of both the Members of the Standing Committee and the opposition. Their lawyer dominated a lot of their presentation. Other presenters in support of Bill 22 were members of the ARPFNB executive. They supported Bill 22 by claiming it would ensure “good forestry” practice by preventing unqualified people from practicing forestry. They openly revealed their desire to control both the training and education of forestry professionals, as well as the practice of forestry throughout the NB forest sector. They openly revealed that they intend to determine the scope of training and competence for all forestry practitioners in the NB forest sector. They openly stated that they are unwilling and incapable of editing Bill 22 so that it only applies to their membership. In general they spent most of their time repeating the same propaganda, telling personal life stories, and personally accusing me of spreading misinformation with regards to Bill 22.

Other than representatives of the ARPFNB, there were NO other parties that presented in support of Bill 22.

The audience was filled with people opposed to Bill 22. Myself and Todd MacPherson spoke on behalf of the NBFTA. Robert Whitney spoke on behalf of MCFT. Hugh Hambly spoke on behalf of his forestry consulting business. Ken Hardie spoke on behalf of the Federation of Woodlot Owners. I believe that we all did a very good job of presenting our opposition to Bill 22. We were more than capable of answering the questions raised by the Members of the SCPB.

Now, unfortunately, we must wait. But it is clear that we have convinced the SCPB that Bill 22 in its current form is inappropriate as a Private Bill.

Thanks again for all your hard work on this.

Gareth

Right To Practice

Maritime College of Forest Technology Opposes Bill 22

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The NBFTA learned today that the Maritime College of Forest Technology (MCFT) has submitted a letter of opposition to the Standing Committee on Private Bills. The letter, penned by Robert Whitney, Executive Director, is published on this site with permission.

Click this link to open MCFT Opposition to Bill 22 or  read below:

From the President, Right To Practice

ARPFNB correspondence re Technicans/Technologists Exemption to Bill 22 and our response.

1 Comment

The President of the NBFTA, Gareth Davies, has an announcement to make. This has been done in collaboration with some members of the Executive who have been available this long weekend. Late on Thursday afternoon some members of the NBFTA and select few other individuals received correspondence from Ed Czerwinski, Executive Director of the ARPFNB (posted below Gareth’s message).

At the conclusion of this posting I, Todd MacPherson, have added a brief editorial on this latest development.

To the NBFTA membership:

Mr. Ed Czerwinski sent the NBFTA another letter on April 5, 2012, stating that the ARPFNB intends to insert, in Bill 22, an exclusion for forest techs. Please read his letters below. Mr. Czerwinski sent the NBFTA a letter on March, 22, 2012 claiming that they had already inserted this exclusion in the legislation. This was discussed by our membership at the NBFTA AGM on March 29, 2012. At the AGM, our membership agreed to continue opposing the legislation with or without the exclusion. Bill 22 did not contain this exclusion when it had First Reading in the NB Legislature on March 30, 2012. Bill 22 may or may not contain this exclusion when it is examined by the Standing Committee on Private Bills on April 12, 2012.

The NBFTA cannot stop opposing this. Our AGM on March 29, 2012 was publicly advertised. If the ARPFNB wished to convince our membership that Bill 22 excludes forest techs, then they could have been on the agenda of our AGM.

REMEMBER this: the ARPFNB is not offering to change the definition of “Right to Practice”. They are only offering an “Exclusion” for forest techs.

Under section 25, “Right to Practice” Bill 22 states:

“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.”

The NBFTA cannot stop opposing this unless under “Right to Practice” it clearly only applies to university-graduate “foresters”.

If, and only if, the ARPFNB shows us a draft of Bill 22 with a fundamentally changed definition of “Right to Practice”, then we would put it on the agenda of our next Executive Meeting, and next year’s AGM.

We MUST stay focused.

This is not about forest techs vs. foresters vs. forestry practitioners vs. whoever.

This is about a PRIVATE BILL (meaning private interest) that states that all those that practice forestry must be registered members of the ARPFNB.

The NBFTA has a mandate and a duty to oppose this legislation on behalf of all forest techs.

The practice of forestry relies on all forestry practitioners, not just “foresters” and “forest techs”.

We cannot stop opposing this until this so-called private bill actually becomes private, meaning their “Right to Practice” definition only applies to their membership.

Gareth Davies

President, NBFTA

This is one of two emails received from Ed Czerwinski, Executive Director ARPFNB

To whom it may concern,

An explicit exclusion for all forest technicians and forest technologists was prepared and sent to the ARPFNB lawyer on March 20.  Clearly, it did not make it into Bill 22 before it received first reading on March 30.

I assured all of you that it would be done, so I have to accept responsibility.  The lawyers office feels they have significant responsibility in this regard as well.

Once again, I stress to you, members of the NBFTA, MCFT, or other forest technicians or technologists working in New Brunswick, that there was never any intent to make you, “illegal”.

The amendment to Bill 22 has been prepared, and will be presented on April 12, by the ARPFNB lawyer.

Please see the official amendment attached.

Thank you.

Ed Czerwinski, RPF

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To All ARPFNB Members and the Forest Community..

The Association of Registered Professional Foresters of New Brunswick (ARPFNB) presented to our Legislative Assembly a revised version of “An Act to Incorporate the Association of Registered Professional Foresters of New Brunswick“.  The main objective of this new Act is to move from Right to Title as Registered Professional Foresters (RPF) to Right to Practice (RTP), for our members.  This initiative provides protection to the public by ensuring competent, independent, professional conduct and integrity of registered professional foresters who manage private and publicly-owned forest resources.  It is important that all foresters be accountable for their actions.

The proposed Act as amended does not impose any requirements, restrictions or limitations on forest technicians or forest technologists who may be working within the practice of professional forestry as defined in the Act, and who are competent to do so by virtue of their education and training.  That exclusion reads:

“Nothing in this Act shall be construed to prevent persons from performing work within the definition of the practice of professional forestry provided they are graduates of a forest technician or forest technology program acting within the scope of their training and competence,”

Additionally, the proposed Act does allow for those individuals/employees without a forest technician/technology diploma, but are competent through their experience to obtain a “special permit”, to continue working in the area of their expertise, should that work fall within the definition of the “practice of professional forestry”.

It is our sincere belief that Right to Practice will achieve the high standards required in the practice of professional forestry for New Brunswick.  The professional forestry associations in British Columbia, Alberta, Ontario, and Quebec have had similar legislation for many years.  In addition, Nova Scotia, Newfoundland and Labrador as well as Saskatchewan are currently pursuing legislation with mandatory registration for foresters in their respective provinces.

Members of the ARPFNB place tremendous value on the great working relationship that foresters, forest technicians, forest technologists, and other forest community members have always enjoyed.  Members of the ARPFNB look forward to continue working together as a team for the best management of our forest resources.

Sincerely,

Ed Czerwinski, R.P.F.

Executive Director

Association of Registered Professional Foresters of New Brunswick

1350 Regent Street, Suite 221

Fredericton, NB

E3C 2G6

Website: www.arpfnb.ca

Email: arpf@nbnet.nb.ca

At the end of this posting I will embed the document that he attached.

Here is the content of another email sent directly to the NBFTA President, Gareth Davies (note the time and date please) :

From: Ed Czerwinski [email address removed for privacy as it was his work email]
Sent: April-05-12 2:56 PM
To: Davies, Gareth; ‘Gareth Davies’
Subject: FW: Amended s. 52 of “Exclusion” Wording for ARPFNB Act

Gareth,

Please share with the NBFTA members.

An explicit exclusion for all forest technicians and forest technologists was prepared and sent to the lawyer on March 20. Clearly, it did not make it into Bill 22 before it received first reading on March 30.

I assured you that it would be done, so I have to accept responsibility, the lawyers office feels they have significant responsibility as well.

Once again, I stress to you, the members of the NBFTA, MCFT, or other forest technicians or technologists working in New Brunswick, that there was never any intent to make them, “illegal”.

The amendment to Bill 22 has been prepared, and will be presented on April 12, by the lawyer.

Please see the attachment.

Sincerely,

Ed

Ed Czerwinski, R.P.F.

Executive Director

Association of Registered Professional Foresters of New Brunswick

1350 Regent Street, Suite 221

Fredericton, NB

E3C 2G6

Website: www.arpfnb.ca

Subject: RE: Amended s. 52 of “Exclusion” Wording for ARPFNB Act

Matt,

As per your instructions below, attached is the amendment to be presented by Mr. Norman at the Committee hearing. You cannot renumber the paragraphs, so I simply added a new (b.1).

Any concerns let me know,

Shayne

Subject: RE: Amended s. 52 of “Exclusion” Wording for ARPFNB Act

I’ll prepare the amendment and send to you and Mr. Norman. As I stated, it will be up to Mr. Norman to present the amendment to the Committee for its consideration.

Subject: Amended s. 52 of “Exclusion” Wording for ARPFNB Act

Hi Shayne,

Thank you again for drafting the necessary amendment form. I know you are busy, so it’s much appreciated.

The only amendment will be to section 52 by adding a new subsection (c). I’ve included the entire section in both languages below.

52 Nothing in this Act shall be construed to prevent persons from

(a) carrying out functions on their own land and for their own purposes that may include the practice of professional forestry,

(b) performing the work of a forester-in-training or student, provided such work is performed under the direct supervision of a registered member who takes responsibility for the work,

(c) performing work within the definition of the practice of professional forestry provided they are graduates of a forest technician or forest technology program acting within the scope of their training and competence,

(d) practising engineering or geoscience under the Engineering and Geoscience Professions Act,

(e) practising land surveying under the New Brunswick Land Surveyors Act, 1986,

(f) practising agrology under the Agrologists’ Profession Act, 2004,

(g) carrying on any profession or occupation authorized by an Act of the Province of New Brunswick,

or requires such persons to become registered under this Act to perform such functions.

52 La présente loi n’empêche pas d’exercer les fonctions suivantes ni n’oblige personne à se faire immatriculer sous le régime de la présente loi pour exercer ces fonctions :

a) des travaux effectués sur ses propres terres et pour ses propres besoins, même dans l’exercice de la foresterie professionnelle;

b) des travaux effectués par un forestier stagiaire ou un étudiant, pourvu qu’ils se fassent sous la surveillance directe et la responsabilité d’un membre immatriculé;

c) des travaux visés par la définition de l’exercice de la foresterie professionnelle, s’ils sont effectués par un diplômé d’un programme en techniques de foresterie ou en technologie forestière exerçant dans son champ de formation et de compétence;

d) l’exercice de la profession d’ingénieur ou de géoscientifique sous le régime de la Loi sur les professions d’ingénieur et de géoscientifique;

e) l’exercice de l’activité d’arpentage sous le régime de la Loi de 1986 sur les arpenteurs-géomètres du Nouveau-Brunswick;

f) l’exercice de la profession d’agronome sous le régime de la Loi de 2004 sur la profession d’agronome;

g) l’exercice de toute profession ou de tout métier sous le régime d’une loi du Nouveau-Brunswick.

Editorial from Todd MacPherson, Past President NBFTA

The NBFTA has been open and transparent with its members throughout this process. Members of the Executive and General Membership have been working on this all weekend as best as possible. Thank you for your continued support.

I am personally aware of letters written to Ed Czerwinski, at least one RPF included, questioning this action. I suggest that you also express your personal feeling directly to him through the email address given above. This came out mid-afternoon on the beginning of a long weekend.The finished document had been in the hands of the ARPFNB and their lawyer for approximately 10 days before being presented at first reading in the legislature.  Please note that this exemption had been in a previous draft of the bill and then removed. During the 10-day window our AGM was held. If this exemption had been there then, we could have properly addressed it with the membership at our AGM on March 29, 2012.

It is impossible for us, as an Executive, to address this properly with our members prior to the Standing Committee on April 12th. NBFTA members were made aware of the exemption possibility at the AGM, yet no motion was made to overturn our opposition to Bill 22. As the NBFTA has said since at least 2009, the overall process has been flawed and continues to be flawed.

The ARPFNB has stated that they want a good working relationship with technicians and technologists. We agree and withdrawing Bill 22 would be a good start in that direction.

We continue to oppose Bill 22. Please send your letters of opposition to the Standing Committee ASAP.

click here to download the amendment or read it below

From the President, Right To Practice

NBFTA Submission to Standing Committee on Private Bills with respect to Bill 22

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Gareth Davies

President,

New Brunswick Forest Technicians Association

1350 Regent Street

Fredericton, NB

E3C 2G6

April 4th, 2012

Members of the Standing Committee on Private Bills

Government of New Brunswick

To the Members of the Standing Committee on Private Bills,

On behalf of the New Brunswick Forest Technicians Association (NBFTA), I am writing to you in opposition of Bill 22: An Act to Incorporate the Association of Registered Professional Foresters of New Brunswick.

The NBFTA represents professional forest technicians/technologists in the province of New Brunswick.  The NBFTA is not opposed to professional certification and accountability.  The NBFTA is opposed to this proposed legislation and the process in which it was drafted.

In partnership with the ARPFNB, the NBFTA had been involved in drafting proposed legislation entitled “An Act to Incorporate the Association of New Brunswick Forestry Professionals,” and voted to oppose this proposed legislation on April 7th, 2011.  Since that time the ARPFNB introduced “An Act to Incorporate the Association of Registered Professional Foresters of New Brunswick“.

The “Practice of Professional Forestry” is defined  in this proposed legislation.  This proposed legal definition includes both traditional forestry job descriptions as well as professionals teaching forestry in colleges and universities.  This proposed legal definition includes all job tasks that both “foresters” and “forest technicians/technologists” have successfully completed for decades in the province of New Brunswick.

Under “Right to Practice” it is clearly stated that no person shall practise professional forestry unless registered as a Registered Professional Forester (R.P.F.) with the ARPFNB.  Under this proposed legislation, only university-graduate forestry professionals (i.e. “foresters”) could be registered members of the ARPFNB.  This proposed legislation would make it illegal for college-graduate forestry professionals (i.e. “forest technicians/technologists”) to practise forestry.

The current New Brunswick Forest Sector depends upon the professional abilities of both “foresters” and “forest technicians/technologists”.

Key stakeholders have not participated in the drafting of this proposed legislation.  The ARPFNB has failed to meaningfully consult with key stakeholders.

The NBFTA will continue to insist that any legislation that attempts to define the practice of forestry should receive the formal and open support, consultation and participation of key stakeholders.  The NBFTA believes that without the initial and continuing support and participation of key stakeholders, legislation of this nature should not be developed.

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.  It is our belief that it is inappropriate for it to be submitted as a private bill.

The NBFTA strongly opposes Bill 22.

We look forward to your meeting on April 12, 2012.

Yours truly,

Gareth Davies

President, NBFTA

GD/gd

 

Right To Practice

Bill 22: letter of opposition guidelines

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This is for anyone trying to figure out how to voice their concern over the right to practice legislation in a letter of opposition. If you work or know anyone working any type of forestry job this act affects you. Even if you are a member of ARPFNB this act affects you.

Your letter does not need to be fancy or professionally done. The committee members just want to know why you object to the bill and that you may lose your job or lose workers. A few lines will do. If your interest or property may be affected by this bill, please write the Standing Committee on Private bills a letter of opposition and have it sent in before April 11th. The Bill is going to second reading on April 12th. The best way for everyone to voice their concern is in writing.

Some guidelines for your email letter of opposition:

Address the letter to:

Dear Members of the Standing committee on Private Bills,

Send your letter of Opposition to the committee members (all of them, just copy and paste): Carl.Killen@gnb.ca; Danny.Soucy@gnb.ca; jim.parrott@gnb.ca; jake.stewart@gnb.ca;  Sherry.Wilson@gnb.ca; Bertrand.LeBlanc@gnb.ca; Roger.L.Melanson@gnb.ca

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

Things you may want to write about:

    • You may want to state You wish you were consulted by the ARPFNB in the drafting of this legislation because you do not agree with the power they will hold over the forest industry if this passes.
    • You may want to say Forest tech’s will no longer be able to practice forestry in NB, only university graduates.
    • You may not agree with the mandatory membership
    • You may not agree with the authority they will be given to charge people for violations of the rules they have the discretion to make up.
    • Any reasons you want are valid to state. They want to know.

*If you would like to appear before the standing committee on Private bills to read your letter and/or speak your concerns, please call the assistant clerk of the legislative assembly to schedule time. The more people who do this the better! (But in the very least send in a letter!) Call Shayne Davies 453-2162.

Rebecca Jones

Treasurer, NBFTA