Category Archives: Right To Practice

Right To Practice

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

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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.

Right To Practice

The NBFTA Position on Right to Practice: A quick version

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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.

Right To Practice

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

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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.

Forestry In The News, Right To Practice

Brett Hanson: NB forest technicians unhappy with proposed legislation

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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/

Notices, Right To Practice

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

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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

Forestry In The News, From the President, Right To Practice

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

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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

AGM News, Forestry In The News, Right To Practice

The New Brunswick Forest Technicians Association votes to reject Draft Document and Process for Right to Practice Legislation

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The New Brunswick Forest Technicians Association votes to reject Draft Document and Process for Right to Practice Legislation

To Whom It May Concern;

At the Annual General Meeting of the New Brunswick Forest Technicians Association (NBFTA) on April 7th, 2011 the Membership voted on Right to Practice Legislation.

The Members were asked to cast their vote as either “Yes” or “No” on the following statement:

“I support the Act to Incorporate the Association of New Brunswick Forestry Professionals”.

The vote results were as follows:

25 Votes Cast

Yes Votes: 2 (8%)

No Votes: 23 (92%)

The vote was cast after a presentation from Dr. Roger Roy, President of the Association of Registered Professional Foresters of New Brunswick (ARPFNB) on Right to Practice (RTP), followed by a question and answer session. After Dr. Roy left the meeting the Membership discussed the issue and then a motion was made to conduct the vote.

Following this vote, and much focused discussion, the NBFTA has concluded that it cannot support and must now oppose the ARPFNB’s proposed RTP legislation. The NBFTA believes that the process by which the RTP document has been produced is fundamentally flawed thus yielding a flawed document. Further, this process has failed to gain the necessary participation of a broad base of the New Brunswick forest sector.

Based on Membership feedback, the NBFTA’s reasons for rejecting the current RTP document are as follows:

  • The NBFTA required written letters of support from stakeholders when we became partners in the RTP process with the ARPFNB. This requirement had been previously agreed to by the ARPFNB, yet, as of the writing of this letter, none have been received. Generally speaking, the NBFTA Membership was not satisfied with the explanation given by the ARPFNB regarding why there are no letters of support.
  • The RTP document has been changed significantly, from the early stages, when all forestry practitioners would be required to work within their competencies and continue their education. This is no longer the case in the current RTP document.
  • Changes to the RTP document were made without any consultation with the NBFTA before voting for the changes. Rather than standing up for the original proposal, which was agreed upon by our two Associations, the ARPFNB chose to make significant changes to bring some of their members on board.
  • Because of changes to the definition of forestry, the RTP document no longer requires that all practitioners become registered and, in fact, contains an ‘out’ clause which, in effect, would allow one person to assume the entire responsibility for an organization, no matter its size. If public accountability is the goal of the RTP document then this ‘out’ clause does a disservice to the public. In the opinion of the NBFTA the RTP document does not have anything to do with the best interest of the general public.
  • The RTP Document has been changed and approved by a small number of members of the ARPFNB, yet non-members, who are practicing Foresters in New Brunswick, have had little or no input. The NBFTA finds this most troubling; that an organization would attempt to force something on professionals without allowing them to participate in the process.
  • From the Government of New Brunswick website (underlined sections are important because the proposed Act would affect the rights and interests of many others not included, such as Technologists, and other forestry practitioners not represented by either association):  Private Bills are those relating to private or local matters or for the particular interest or benefit of any person, corporation or municipality. Private Bills are not usually promoted by members of the Legislature, but by outside persons or bodies. They confer special powers upon companies, municipalities and private persons and are not of general public concern. Therefore, before any special favour of this nature is granted, the Legislative Assembly requires to be satisfied that no other rights or interests would be prejudiced by granting the special legislation sought to be obtained.

In conclusion the NBFTA feels that the approach to RTP has been a flawed process due to lack of written stakeholder support, changing the RTP Document without NBFTA consultation, resulting in sacrificing any apparent public good or accountability to the public by forestry professionals.

Respectfully submitted on behalf of the New Brunswick Forest Technicians Association;

 

Todd MacPherson, Past President

AGM News, From the President, Right To Practice

ARPFNB Set to vote on Right to Practice

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Hello

The Association of Professional Foresters of New Brunswick have sent a cover letter and a copy of the proposed Act to its membership as a precursor to a to an online vote scheduled to run from February 21, 2011 – March 4th, 2011.

From the cover letter:

On February 21st , you will receive an email from ClearPicture, a company from Nova Scotia that will conduct a fair and anonymous electronic voting procedure. Please follow the instructions and respect the deadlines indicated. Voting will open on February 21st and close March 4th, 2011. If the Association does not have an email address for you, then you will have received this notice and instructions for voting by post mail.

For years the NBFTA Executive has been working on Right-to-Practice on behalf of Technicians and Technologists working in New Brunswick. Based on a membership vote, at a Nov 2009 emergency meeting, the Executive was giving a clear mandate on how to proceed with RTP. Our mandate was lost for two reasons:

1 – There are no letters of support from stakeholders.
2 – The definition of forestry in the final draft of the Act has changed.

We, as an organization, need to decide what is best for New Brunswick Forests and what is best for Forest Technicians and Technologists.

I have attached the cover letter and French and English versions of the final draft of the Act. This is required reading for anyone who wants to see how this document, if becomes legislation, will affect your profession.

As I outlined in my previous blog post you really need to be involved in this process. We do not want the decisions of a few influencing the lives of so many so get involved and show up at our AGM on April 7th, 2011 at 1PM in Moncton.

COVER LETTER | FRENCH VERSION OF ACT | ENGLISH VERSION OF ACT

You can view the ARPFNB announcement on their website by clicking here.

Bye for now.

Todd MacPherson,

President

AGM News, From the President, Meeting Announcements, Right To Practice

NBFTA AGM Announced

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Dear Forest Technicians and Technologists of New Brunswick;

The 2011 NBFTA Annual General Meeting will be held in Moncton at Ramada Crystal Palace on April 7th beginning at 1 PM Sharp. Although the Agenda has not yet been released, the primary topic will be Right to Practice. Your Executive and, in particular, Chris Finnamore, has been hard at work with this on behalf of the membership.

As you may recall we held an Emergency Meeting of the NBFTA on November 14, 2009 at which time the Membership voted to support Right to Practice Legislation. We, as an Executive, were tasked by the Membership to meet with the ARPFNB and tell them our conditions of support. We did that. To freshen your memories of those conditions I have copied and pasted them here:

It was motioned and accepted that  the NBFTA Executive meet with ARPFNB Executive to confirm support of Right-to-Practice by contributing $5000.00 toward legal costs incurred to date, conditional on :
– no more money be spent on legal fees until stakeholder support is given
– consultation process to begin immediately, including written letters of support from stakeholders including, but not limited to :

  • DNR
  • NB Federation of Woodlot Owners
  • Crown Licensees and Sub Licensees
  • MCFT
  • UNB
  • U de M
  • NBCC Miramachi

The NBFTA Executive met with the ARPFNB Executive on December 5th, 2009 and presented them with our conditions of support. They unanimously accepted the conditions as outlined above.

A joint letter from both Associations was mailed out to approximately 120 stakeholders province-wide late December – early January 2010. No letters of support were received, so at an NBFTA Executive Meeting on October 16th, 2010 it was decided that ample time had passed. The Executive felt that we no longer had a mandate and would bring this to the attention of the Membership at our AGM to decide which way to proceed.

On Friday January 28th, 2011, Chris Finnamore and myself were invited to attend the ARPFNB AGM. At that meeting their Membership voted to change the definition of Forestry from the original draft that the Membership of the NBFTA had supported. With this change in hand, their membership in attendance, which included representatives from two large Crown License holders and one Marketing Board, offered support, through their vote of presenting the document to their membership via a mail-in vote.

The ARPFNB felt that they did not have a strong enough quorum at their AGM to hold a vote to accept the document and begin the public process of having it become Legislation. They decided to send a cover letter and copy of the document to their membership, soliciting a mail-in vote in support of the draft Act.

This may be changing somewhat because recent correspondence that I have received shows that the ARPFNB may hire an on-line voting house to prepare an electronic ballot for their membership who have Internet access.

On Saturday, February 5th, 2011 the NBFTA Executive met and this was the main topic on our agenda. We, the Executive, felt that the NBFTA can not support this new draft of the Act because, with the change to the definition of forestry, we no longer have a mandate from our Membership.

Further, although three representatives of major players in the forest industry voted at the ARPFNB AGM to support the new version of the Act, there are no official letters of support, that our Membership had requested.

Acting on your behalf today, we decided that we would not be joining the ARPF in their mail-out / electronic vote campaign. It was decided that is beyond our scope and mandate and that we need to take the new draft of the Act directly to you, the member, at our upcoming AGM.

If you are a Forest Technician or Technologist working in New Brunswick you need to be at our AGM in Moncton on Thursday afternoon April 7th, 2011. Decisions made at this meeting will chart a course for your career in Forestry. I can not stress enough how important this meeting is. Even if you are not a member, you still need to come. While it would be nice to recruit new members into the Association, you are welcome to come and sit as an observer and listen to the work that has been done, on your behalf, to protect your interests. If what you see and hear inspires you to participate in the process, you are more than welcome to join the NBFTA.

Again, to all Technicians of New Brunswick. I implore you to be present at our AGM. This will be, without a doubt, the most important meeting that we have ever had. You need to be informed. You need to be involved. You need to be there. If you are reading this and are coming, I want you to bring at least one other Technician or Technologist with you.

It is estimated that there are over 1200 Forest Technicians and Technologists currently working in New Brunswick. It is my hope that every single one will be present in Moncton on April 7th. Please do not let the decisions of a few affect the careers of so many.

Respectfully Submitted;



Todd MacPherson, President
New Brunswick Forest Technicians Association