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

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

 

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.