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.

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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

*****************************************************

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

Notices

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

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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.

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.

home of the New Brunswick Forest Technicians Association