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AR 76/2002 REGISTERED PROFESSIONAL FOREST TECHNOLOGISTS REGULATION

(no amdt)

ALBERTA REGULATION 76/2002

Regulated Forestry Profession Act

REGISTERED PROFESSIONAL FOREST
TECHNOLOGISTS REGULATION

Table of Contents

                1       Definitions

Part 1
Registration

Division 1
General Registration

                2       General requirements

                3       Registration

                4       Academic requirements

                5       Forest technologists from recognized forestry organization

                6       Other evidence of competence

                7       Registration under section 22(2)(c) of Act

Division 2
Practice Permits

                8       Conditions on practice permits

Division 3
Continuing Competence Program


                9       Continuing competence requirements

Division 4
Reinstatement of Registration and Practice Permit

              10       Reinstatement

Division 5
Categories of Regulated Members

              11       Categories of members

Division 6
Registers

              12       Registers established

              13       Conditional Register

              14       Temporary Register

Division 7
Use of Titles, Abbreviations and Initials

              15       Use of title

Part 2
Public Information

              16       Information in register

              17       Register information

              18       Information provided by regulated members

              19       Maintenance of information

Part 3
Alternative Complaints Resolution Process

              20       Alternative complaints resolution

              21       Coming into force

Definitions

1(1)  In this Regulation,

                                 (a)    “Act”  means the Regulated Forestry Profession Act;

                                 (b)    “college” means the College of Alberta Professional Forest Technologists;

                                 (c)    “Conditional Register” means the register established under section 12(1)(b);

                                 (d)    “mutual recognition agreement” means an agreement signed by the college and provincial associations;

                                 (e)    “professional examination” means an examination approved by council to assess an applicant’s knowledge and understanding of Alberta forested land policies and legislation;

                                  (f)    “provincial association” means an organization incorporated in a province or territory of Canada other than Alberta that regulates professional forest technologists;

                                 (g)    “recognized forestry organization” means a professional forest technologist  organization

                                           (i)    recognized by the council as having similar regulatory objectives to the college,

                                          (ii)    that grants a professional forest technologist  designation recognized by the council, and

                                         (iii)    that has competence and practice standards recognized by the council as being substantially similar to those of the college;

                                 (h)    “registered professional forest technologist” means the category of regulated member referred to in section 11 who meets the requirements of section 3, 5 or 6;

                                  (i)    “Registered Professional Forest Technologists Register” means the register established under section 12(1)(a);

                                  (j)    “Temporary Register” means the register established under section 12(1)(c).

(2)  The terms defined in section 1 of the Act and Schedule 2 to the Act have the same meaning in this Regulation.

Part 1
Registration

Division 1
General Registration

General requirements

2(1)  Each applicant for registration as a registered professional forest technologist must provide to the registrar evidence, satisfactory to the registrar of

                                 (a)    being a Canadian citizen or a person lawfully permitted to work or study in Canada, and

                                 (b)    having good character and reputation.

(2)  In determining whether an applicant is of good character and reputation, the registrar must consider whether the applicant

                                 (a)    has had a finding of unprofessional conduct or similar finding made against the applicant by any professional organization, and any orders made in consequence,

                                 (b)    has any outstanding charges under the criminal law of any country,

                                 (c)    has been convicted of a criminal offence in any country,

                                 (d)    has been found guilty of a breach of a university or similar code of conduct or of an academic  infraction at any post‑secondary education institution, and

                                 (e)    has any outstanding complaints or discipline matters with any professional organization with which the applicant is or has been registered.

(3)  In addition to the matters referred to in subsections (1) and (2), the registrar may consider

                                 (a)    character references,

                                 (b)    information on steps taken to overcome and evidence that the applicant has overcome the competence or ethical issues related to subsections (1) and (2), and

                                 (c)    mitigating factors provided by the applicant.

Registration

3   For purposes of section 22(2)(a) of the Act, an applicant for registration as a registered professional forest technologist must provide to the registrar evidence satisfactory to the registrar that the following requirements have been met:

                                 (a)    the academic requirements under section 4;

                                 (b)    the grade or performance requirements prescribed by the council on the professional examination.

Academic requirements

4   The academic requirements consist of

                                 (a)    a diploma in forest technology from NAIT or from a post‑secondary education program approved by council, or

                                 (b)    meeting the grade or performance requirements prescribed by the council on courses and examinations approved by the council in core competency areas approved by the council, including but not limited to the following:

                                           (i)    botany, silvics and forest ecosystems;

                                          (ii)    forest soils;

                                         (iii)    wildlife and fisheries;

                                         (iv)    timber management;

                                          (v)    remote sensing;

                                         (vi)    forest land use;

                                        (vii)    silviculture;

                                       (viii)    forest measurements;

                                         (ix)    forest engineering, harvesting and utilization;

                                          (x)    forest fire management, forest insects (entomology) and forest diseases (pathology);

                                         (xi)    forest policies and legislation.

Forest technologists from recognized forestry organization

5(1)  For the purposes of section 22(2)(b) of the Act, if the applicant for registration as a registered professional forest technologist is registered by a recognized forestry organization or by a provincial association that the council recognizes through a mutual recognition agreement, the applicant must provide evidence satisfactory to the registrar that

                                 (a)    the applicant is registered in good standing with that recognized forestry organization or provincial association and is not subject to any professional practice conditions,

                                 (b)    the applicant’s current registration in the recognized forestry organization or provincial association does not fall into a category of non‑practising or temporary member,

                                 (c)    the applicant meets the good character and reputation requirements referred to in section 2, and

                                 (d)    the applicant meets the grade or performance requirements prescribed by the council on the professional examination.

(2)  An applicant who has met the requirements of subsection (1)(a), (b) and (c) and is attempting to meet the requirements of subsection (1)(d) may apply to the registrar for registration on the Conditional Register.

Other evidence of competence

6   An applicant who does not meet the requirements of section 4 or 5 may provide evidence of competence for the purposes of section 22(2)(c) of the Act in accordance with section 7.

Registration under section 22(2)(c) of Act

7(1)  An applicant may provide evidence of competence under section 22(2)(c) of the Act by providing to the registration committee satisfactory evidence of

                                 (a)    grades and performance achieved in academic, educational and other relevant studies substantially equivalent to that required in section 4(a) or successful completion of any courses, examinations or experience prescribed by the registration committee to demonstrate substantially equivalent competence to that required in section 4(b),

                                 (b)    meeting the grade or performance requirements prescribed by the council on the professional examination,

                                 (c)    membership in good standing with organizations relevant to the forestry profession, the regulated standards and requirements of such organizations and activities completed in such organizations,

                                 (d)    relevant professional development activities completed, and

                                 (e)    other relevant qualifications, accomplishments, abilities and competencies.

(2)  For purposes of subsection (1), the evidence must be presented in writing and may be supplemented by personal representations from the applicant or from other individuals, at the request of the registration committee.

(3)  An applicant who has met the requirements of subsection (1)(a), (c), (d) and (e) and is attempting to meet the requirements of subsection (1)(b) may apply to the registrar for registration in the Conditional Register.

Division 2
Practice Permits

Conditions on practice permits

8(1)  One or more of the following conditions may be imposed on a practice permit of a regulated member registered in the Conditional Register or the Temporary Register by the registration committee or by the competence committee:

                                 (a)    completion of any examinations, testing, assessment, apprenticeship, experience or counselling;

                                 (b)    a requirement to practice under the supervision of a registered professional forest technologist;

                                 (c)    a requirement to limit the regulated member’s practice to specified practice areas or practice settings and a prohibition from practising in other practice areas or practice settings;

                                 (d)    a requirement to report to the registrar on specified matters at specified dates;

                                 (e)    a provision that the practice permit is valid only for a specified time;

                                  (f)    a provision that the regulated member may only use specified titles;

                                 (g)    a provision prohibiting supervision of regulated members of the college.

(2)  One or more of the following conditions may be imposed on a practice permit of a regulated member registered in the Registered Professional Forest Technologists Register by the registration committee or by the competence committee:

                                 (a)    completion of the continuing competence requirements within a specified time;

                                 (b)    a requirement to practice under the supervision of a registered professional forest technologist;

                                 (c)    a requirement to report to the registrar on specified matters on specified dates;

                                 (d)    a provision that the practice permit is valid only for a specified time;

                                 (e)    a provision that the regulated member may only use specified titles.

Division 3
Continuing Competence Program

Continuing competence requirements

9   Regulated members must

                                 (a)    comply with the continuing competence program requirements,

                                 (b)    maintain accurate and complete records of activities in the continuing competence program, and

                                 (c)    on request of the competence committee submit documentation in a form approved by council demonstrating compliance with the continuing competence program.

Division 4
Reinstatement of Registration and Practice Permit

Reinstatement

10(1)  An investigated person whose registration or practice permit was cancelled under Part 4 of the Act must comply with all orders or any conditions specified by the hearing tribunal, council or Court of Appeal, as the case may be, before being entitled to apply for reinstatement of registration or of a practice permit.

(2)  Unless otherwise provided in the Act or this Regulation, an investigated party whose registration or practice permit was cancelled under Part 4 of the Act may not apply to the registration committee for reinstatement within one year of the cancellation.

(3)  An applicant for reinstatement referred to in subsection (1) must

                                 (a)    comply with the requirements of this section;

                                 (b)    provide satisfactory evidence to the registration committee of meeting the requirements of subsection (2);

                                 (c)    meet any education requirements specified by the registration committee;

                                 (d)    pay a reinstatement fee as provided by the bylaws;

                                 (e)    satisfy any other terms or conditions specified by the registration committee.

(4)  The registration committee may order the reinstatement of a registration or practice permit cancelled under Part 4 of the Act if all orders have been complied with and any conditions set at the time of the cancellation have been met.

(5)  Sections 23 to 26 of the Act apply to all applications for reinstatement of registration and sections 34 and 35 of the Act apply to all applications for reinstatement of a practice permit after cancellation.

Division 5
Categories of Regulated Members

Categories of members

11   Registered professional forest technologists are established as a category of regulated member.

Division 6
Registers

Registers established

12(1)  The following registers are established:

                                 (a)    the Registered Professional Forest Technologists Register;

                                 (b)    the Conditional Register;

                                 (c)    the Temporary Register.

(2)  Those applicants who have met all of the requirements for registration as registered professional forest technologists must be entered into the Registered Professional Forest Technologists Register, the Conditional Register or the Temporary Register.

Conditional Register

13(1)  An applicant referred to under section 5 or 7(3) who has satisfied all the registration requirements except for passing the professional examination and has applied to write the professional examination, or is waiting for the results of the professional examination, may be entered into the Conditional Register.

(2)  A regulated member entered in the Conditional Register is entitled to hold a practice permit until one of the following occurs, whichever is earlier:

                                 (a)    the regulated member is entered into the Registered Professional Forest Technologists Register;

                                 (b)    the regulated member is unsuccessful in the professional examination;

                                 (c)    one year has elapsed from the date the regulated member was entered into the Conditional Register.

(3)   A regulated member entered in the Conditional Register may apply to the registration committee to be entered in the Registered Professional Forest Technologists Register by providing to the registration committee evidence that the registrant has successfully completed the professional examination.

Temporary Register

14(1)  An applicant may be entered in the Temporary Register if the applicant provides evidence satisfactory to the registration committee

                                 (a)    that the applicant’s primary residence is outside Alberta,

                                 (b)    that the applicant complies with the requirements of section 2,

                                 (c)    that the applicant is competent, and

                                 (d)    why registration is required and the period of time for which it is requested.

(2)  A regulated member who is entered in the Temporary Register and whose primary residence is outside of Alberta is entitled to hold a practice permit until one of the following occurs, whichever is earliest:

                                 (a)    the term of the practice permit necessary to complete the purpose for which registration is granted has expired;

                                 (b)    a period of not more than 6 consecutive months in one registration year has elapsed.

(3)  A regulated member registered on the Temporary Register and whose primary residence is outside of Alberta may apply to the registration committee for renewal of a practice permit by submitting a written request for the renewal of the practice permit specifying the reasons for the renewal.

Division 7
Use of Titles, Abbreviations and Initials

Use of title

15(1)  Only regulated members on the Registered Professional Forest Technologists Register, Conditional Register or Temporary Register may use the following titles, abbreviations and initials:

                                 (a)    “Registered Professional Forest Technologist”, “R.P.F.T.” or “RPFT”;

                                 (b)    “Registered Forest Technologist”, “R.F.T.” or “RFT”;

                                 (c)    “Professional Forest Technologist”, “P.For.Tech.” or “PForTech”.

(2)  If the practice permit or registration of a regulated member has been suspended or cancelled under the Act, the member must not use any of the protected titles, abbreviations or initials of the profession during the period of suspension.

Part 2
Public Information

Information in register

16   Following the suspension or cancellation of a regulated member’s registration or practice permit, the following information must be entered into the appropriate register:

                                 (a)    the date of suspension or cancellation;

                                 (b)    the period of suspension;

                                 (c)    the reason for the suspension or cancellation.

Register information

17   For the purposes of section 28(2) of the Act, the following information about regulated members or former regulated members must be entered in the appropriate category of register and provided on request:

                                 (a)    date of registration;

                                 (b)    category of regulated member;

                                 (c)    basis of qualification for registration;

                                 (d)    date of birth, if required to establish identity;

                                 (e)    name of the regulated member’s current employer or firm in which the regulated member has a proprietary interest;

                                  (f)    business phone number, fax number and e‑mail address;

                                 (g)    current status of a specific complaint, but only if the request provides the regulated member’s name and details of the complaint;

                                 (h)    any other information requested if the information is in the possession of the college and the regulated member or former regulated member authorizes its release in writing.

Information provided by regulated members

18(1)  The registrar may require applicants for registration and regulated members applying for practice permits to provide the following information:

                                 (a)    demographic and forestry practice information, including

                                           (i)    the applicant’s full name and previous surname;

                                          (ii)    preferred form of address;

                                         (iii)    the applicant’s date of birth;

                                         (iv)    the applicant’s home address, phone number, fax number and e‑mail address;

                                          (v)    the applicant’s academic and practical training qualifications and where and when they were obtained;

                                         (vi)    the applicant’s areas of practice and any specialties;

                                        (vii)    language(s) in which the applicant provides professional services;

                                 (b)    employment information, including

                                           (i)    the employer’s name;

                                          (ii)    the employer’s full address, phone and fax numbers and e‑mail address;

                                         (iii)    the applicant’s job title and position description;

                                         (iv)    the applicant’s employment status (full time, part time);

                                          (v)    the start date of the applicant’s current employment.

(2)  The registrar may require applicants for registration or regulated members applying for practice permits to authorize the release of information in order to verify the information provided by the applicants or regulated members.

(3)  Applicants and regulated members may, on request, review their records at the college for the purpose of ensuring the information kept by the college in accordance with the Act and the bylaws is correct.

Maintenance of information

19   The college must maintain information for the following periods of time:

                                 (a)    for at least 10 years for information respecting suspension or cancellation of a practice permit and any conditions imposed on the regulated member’s practice permit;

                                 (b)    for at least 10 years for information respecting whether a hearing is scheduled to be held or has been held under Part 4 of the Act;

                                 (c)    for at least 10 years for other information authorized by section 89 of the Act and by the bylaws under section 89(1) of the Act;

                                 (d)    for at least 10 years for a copy of the ratified settlement and for information on the decision and record of the hearing under sections 74(3) of the Act;

                                 (e)    for at least 10 years for information maintained in accordance with section 27(3) and (4) of the Act.

Part 3
Alternative Complaints Resolution Process

Alternative complaints resolution

20(1)  The person conducting an alternative complaints resolution process must

                                 (a)    be acceptable to the investigated person and the complainant, and

                                 (b)    by written agreement, establish the procedures to be used in the alternative complaints resolution process in consultation with the investigated person and the complainant.

(2)  A written agreement made pursuant to subsection (1) must be signed by the investigated person, the complainant and the college before the alternative complaints resolution process commences.

Coming into force

21   This Regulation comes into force on the coming into force of the Regulated Forestry Profession Act.