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REGULATED FORESTRY PROFESSION AMENDMENT ACT, 2017

REGULATED FORESTRY PROFESSION
AMENDMENT ACT, 2017

Chapter 27

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cR‑13

1   The Regulated Forestry Profession Act is amended by this Act.

 

2   The title of the Act is repealed and the following is substituted:

REGULATED FOREST MANAGEMENT
PROFESSION ACT

 

3   Section 1(1) is amended

                            (a)    in clause (a) by striking out “college” and substituting “Association”;


                           (b)    by adding the following after clause (a):

                              (a.1)    “Association” means the Association of Alberta Forest Management Professionals;

                              (a.2)    “Chair” means the chair of the Association appointed or elected by the Council under section 7;

                            (c)    in clause (b) by striking out “a council” and substituting “the Council”;

                           (d)    by repealing clause (c);

                            (e)    by adding the following after clause (e):

                              (e.1)    “complaint inquiry committee” means a complaint inquiry committee established under Part 1;

                            (f)    by repealing clause (g);

                           (g)    by repealing clause (j) and substituting the following:

                                  (j)    “Council” means the council of the Association;

                           (h)    in clause (o) by striking out “a college” and substituting “the Association”;

                             (i)    in clause (q) by striking out “complaints director or other”;

                             (j)    in clause (t) by striking out “a college” and substituting “the Association”;

                            (k)    by repealing clause (w);

                             (l)    in clause (x) by striking out “a college” and substituting “the Association”;

                          (m)    by repealing clause (bb) and substituting the following:

                              (bb)    “Registrar” means the registrar of the Association;

                           (n)    in clause (cc) by striking out “a registration” and substituting “the registration”;

                           (o)    in clause (ff) by striking out “a council” and substituting “the Council”.

 

4   The heading College preceding section 2 is struck out and the heading Association is substituted.

 

5   Section 2 is repealed and the following is substituted:

Association established

2(1)  The corporations known as the College of Alberta Professional Foresters and the College of Alberta Professional Forest Technologists are amalgamated, and the amalgamated corporation shall be known as the “Association of Alberta Forest Management Professionals”.

(2)  The Association is a corporation that

                                 (a)    consists of its members, and

                                 (b)    has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

 

6   Section 3 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “A college” and substituting “The Association”;

                                 (ii)    in clause (e) by striking out “college” and substituting “Association”;

                           (b)    in subsections (1.1) and (2) by striking out “A college” and substituting “The Association”;

                            (c)    in subsection (3) by striking out “A college or a council or committee of a college” and substituting “The Association or the Council or a committee of the Association”.

 

7   Section 4 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “A college” and substituting “The Association”;

                                 (ii)    in clause (c) by striking out “college’s” and substituting “Association’s”;

                           (b)    in subsection (3) by striking out “college” and substituting “Association”.

 

8   The heading Council, President and Registrar preceding section 5 is struck out and the heading Council, Chair and Registrar is substituted.

 

9   Section 5 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “a college” and substituting “the Association”;

                                 (ii)    by striking out “council” and substituting “Council”;

                           (b)    in subsection (2) by striking out “The council consists of the president and” and substituting “The Council consists of the Chair and”;

                            (c)    in subsection (3)

                                  (i)    by striking out “president” and substituting “Chair”;

                                 (ii)    by striking out “council” and substituting “Council”;

                           (d)    by repealing subsection (5) and substituting the following:

(5)  Despite section 12(1),

                                 (a)    if a member described in subsection (2)(a), (b) or (c) is not capable of carrying out the powers or duties of a member, or

                                 (b)    if a position described in subsection 2(a), (b) or (c) is vacant because the member has resigned,

the Council may continue to carry out its powers and duties until a successor is appointed or elected.

 

10   Section 6 is repealed and the following is substituted:

Council’s role

6   The Council manages and conducts the activities of the Association, exercises the rights, powers and privileges and carries out the duties of the Association in the name of and on behalf of the Association and carries out the powers and duties of the Council under this Act and the bylaws.

 

11   Section 7 is repealed and the following is substituted:

Chair

7   The Council must appoint, elect or provide for the appointment or election of an individual to be the Chair for the purposes of this Act.

 

12   Section 8 is repealed and the following is substituted:

Registrar

8   The Council must appoint or provide for the appointment of an individual to be the Registrar for the purposes of this Act.

 

13   Section 10 is amended

                            (a)    in subsections (1) and (2) by striking out “A council” and substituting “The Council”;

                           (b)    in subsection (5) by striking out “council” and substituting “Council”.

 

14   Section 12 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “a council” and substituting “the Council, a complaint inquiry committee”;

                                 (ii)    by striking out “the council” and substituting “the Council”;

                           (b)    in subsection (2)

                                  (i)    by striking out “a council” and substituting “the Council”;

                                 (ii)    by adding “complaint inquiry committee or a” before “complaint review committee”;

                            (c)    by repealing subsection (3).

 

15   Section 13 is amended

                            (a)    in subsection (1)

                                  (i)    in clause (a)

                                       (A)    by striking out “affected council” and substituting “Council”;

                                       (B)    by striking out “a council” and substituting “the Council”;

                                 (ii)    in clause (b) by adding “complaint inquiry committees,” after “establishing”;

                           (b)    in subsection (2)

                                  (i)    by striking out “to be appointed”;

                                 (ii)    in clause (a)

                                       (A)    by striking out “a college” and substituting “the Association”;

                                       (B)    by striking out “that college” and substituting “the Association”;

                                (iii)    by adding the following after clause (a):

                                    (a.1)    a non‑resident of Alberta;

                                (iv)    in clause (b) by striking out “a college” and substituting “the Association”;

                            (c)    in subsection (3)

                                  (i)    by striking out “a hearings director” and substituting “the hearings director”;

                                 (ii)    by striking out “college” and substituting “Association”;

                           (d)    by adding the following after subsection (3):

(3.1)  The public members of a complaint inquiry committee are the persons designated by the Council from the list of public members, other than regulated members of the Association, established under subsection (1)(b).

                            (e)    in subsection (5) by striking out “a council” and substituting “the Council”.

 

16   Section 14 is amended

                            (a)    by repealing subsection (1) and substituting the following:

Hearings director

14(1)  The Council must provide for the appointment of an individual as a hearings director for the purposes of this Act.

                           (b)    in subsection (2) by striking out “A hearings director” and substituting “The hearings director”;

                            (c)    by repealing subsection (3).

 

17   Section 15(1) is repealed and the following is substituted:

Membership lists

15(1)  The Council must appoint members to a membership list consisting of no fewer than 4 regulated members to be used for appointing members to the hearing tribunals, complaint inquiry committees and complaint review committees.

 

18   Section 16 is amended

                            (a)    by adding the following after subsection (1):

(1.1)  A public member of a complaint review committee cannot be appointed as a member of a hearing tribunal or complaint inquiry committee.

                           (b)    by repealing subsection (3)(b) and substituting the following:

                                 (b)    the complaint review committee may continue to review and ratify a settlement under section 49, conduct a review under section 57 in which the member was participating and ratify a sanction agreement under section 58.1 and may carry out its powers and duties with respect to that settlement, review or ratification.

 

19   The following is added after section 16:

Complaint inquiry committee established

16.1(1)  The Council must establish a complaint inquiry committee consisting of

                                 (a)    3 members from the membership list established under section 15, and

                                 (b)    the number of public members required by section 12(1),

and the Council must designate a member of that committee to act as chair.

(2)  A public member of a complaint inquiry committee cannot be designated as a member of a hearing tribunal or the complaint review committee.

(3)  Despite section 13(4), a member of a complaint inquiry committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

(4)  Despite section 12(2), if any member of a complaint inquiry committee is not capable of carrying out the powers and duties of a member, and if the matter is already before the complaint inquiry committee, the complaint inquiry committee may continue to carry out its powers and duties with respect to that matter.

(5)  All members of a complaint inquiry committee are voting members.

 

20   Section 17(2) is amended by striking out “and conducting reviews under section 57” and substituting “, conducting reviews under section 57 and ratifying sanction agreements under section 58.1”.

 

21   Section 18 is amended by striking out “a council” and “the council” wherever they occur and substituting “the Council”.

 

22   Section 19 is amended

                            (a)    in subsections (1) and (2) by striking out “A council” and substituting “The Council”;

                           (b)    in subsection (3) by striking out “a council” and “the council” and substituting “the Council”;

                            (c)    in subsection (4) by striking out “a council” and substituting “the Council”.

 

23   Section 20(3) is amended

                            (a)    by repealing clause (a) and substituting the following:

                                 (a)    the powers and duties of a complaint inquiry committee, a complaint review committee and a hearings director may not be delegated to the same person or committee, and

                           (b)    by repealing clause (b) and substituting the following:

                                 (b)    a complaint review committee, a hearing tribunal or the Council or a panel of the Council may not delegate its powers or duties with respect to a review or appeal under Part 4.

 

24   Section 21(1) is amended

                            (a)    by striking out “A council” and substituting “The Council”;

                           (b)    in clause (a) by striking out “complaints director” and substituting “chair of the complaint inquiry committee”;

                            (c)    in clause (c) by striking out “registrar” and substituting “Registrar”;

                           (d)    in clause (d) by striking out “president” and substituting “Chair”;

                            (e)    in clause (e) by striking out “council” and substituting “Council”.

 

25   Section 22 is amended

                            (a)    in subsection (1) by striking out “registrar” wherever it occurs and substituting “Registrar”;

                           (b)    in subsection (2) by repealing clause (b) and substituting the following:

                                 (b)    by being registered with a professional regulatory organization that regulates the practice of forestry, in a province or territory that is a signatory to one or more domestic trade agreements that are in force in Alberta at the time the application is made, or

 

26   Section 23 is amended

                            (a)    by striking out “registrar” wherever it occurs and substituting “Registrar”;

                           (b)    by striking out “college” and substituting “Association”.

 

27   Section 25 is amended

                            (a)    by striking out “registrar” wherever it occurs and substituting “Registrar”;

                           (b)    by striking out “council” wherever it occurs and substituting “Council”;

                            (c)    by striking out “college” and substituting “Association”.

 

28   Section 26 is amended

                            (a)    by striking out “council” wherever it occurs and substituting “Council”;

                           (b)    by striking out “registrar” wherever it occurs and substituting “Registrar”.

 

29   Section 27 is amended

                            (a)    in subsection (1) by striking out “A council” and substituting “The Council”;

                           (b)    in subsections (3), (4) and (5) by striking out “registrar” wherever it occurs and substituting “Registrar”.

 

30   Section 28 is amended

                            (a)    in subsection (1) by striking out “college” and substituting “Association”;

                           (b)    in subsection (2) by striking out “A college” and substituting “The Association”.

 

31   Section 29 is repealed and the following is substituted:

Register error

29   The Council, a hearing tribunal, the registration committee, the complaint review committee or the competence committee may direct the Registrar to correct or remove, and the Registrar may correct or remove, any entry made in error in a register.

 

32   Section 30 is amended

                            (a)    in subsections (1) and (2) by striking out “registrar” wherever it occurs and substituting “Registrar”;

                           (b)    in subsection (3)

                                  (i)    by repealing clause (c) and substituting the following:

                                       (c)    the name of the Association;

                                 (ii)    in clause (d) by striking outRegulated Forestry Profession Actand substitutingRegulated Forest Management Profession Act”;

                                (iii)    in clause (f) by striking out “college” and substituting “Association”;

                            (c)    in subsection (4)

                                  (i)    by striking out “a college” and substituting “the Association”;

                                 (ii)    by striking out “the college” and substituting “the Association”.

 

33   Section 35 is amended

                            (a)    by striking out “council” wherever it occurs and substituting “Council”;

                           (b)    by striking out “registrar” wherever it occurs and substituting “Registrar”;

                            (c)    in subsection (8) by striking out “college” and substituting “Association”.

 

34   Section 40 is amended

                            (a)    in subsection (2)

                                  (i)    by striking out “college” and substituting “Association”;

                                 (ii)    by striking out “registrar” wherever it occurs and substituting “Registrar”;

                           (b)    in subsection (3) by striking out “registrar” and substituting “Registrar”;

                            (c)    in subsection (4) by striking out “college” and substituting “professional regulatory organization”.

 

35   Section 43.1 is amended

                            (a)    by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”;

                           (b)    by striking out “registrar” wherever it occurs and substituting “Registrar”.

 

36   The following is added after section 44:

Particulars and response

44.1(1)  The complaint inquiry committee must, within 30 days after receiving a complaint, provide the complaint and particulars of the complaint to any regulated member or former member whose conduct is the subject of an action taken under section 45.

(2)  A regulated member or former member who receives a complaint and particulars of a complaint under subsection (1) must respond in writing to the complaint or the particulars of the complaint to the complaint inquiry committee within 30 days after receiving the complaint and the particulars of the complaint or within any other period agreed to by the complaint inquiry committee.

(3)  This section does not apply if the complaint inquiry committee has dismissed the complaint under section 45(2)(e) or (f).

 

37   Section 45 is amended

                            (a)    by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”;

                           (b)    in subsection (2)(d) by striking out “may conduct, or appoint an investigator to conduct,” and substituting “may appoint an investigator to conduct”;

                            (c)    by adding the following after subsection (2):

(2.1)  Despite the bylaws governing quorum, the chair of the complaint inquiry committee may sit alone to hear and decide questions relating to matters set out in the regulations.

(2.2)  The chair of the complaint inquiry committee sitting alone and deciding questions relating to matters set out in the regulations may make any decision within the jurisdiction of the complaint inquiry committee and is deemed to be the complaint inquiry committee for the purposes of this Act.

 

38   Section 47 is amended

                            (a)    in subsections (1) and (4) by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”;

                           (b)    in subsection (2)

                                  (i)    by striking out “complaints director” and substituting “complaint inquiry committee”;

                                 (ii)    by striking out “college” and substituting “Association”;

                            (c)    by repealing subsection (6) and substituting the following:

(6)  A person who conducts an alternative complaint resolution process may assist in settling a complaint, but if

                                 (a)    in the opinion of that person a settlement is not likely to occur, or

                                 (b)    the complaint review committee does not ratify the settlement under section 49,

the person must notify the complaint inquiry committee.

                           (d)    in subsections (7) and (8) by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”;

                            (e)    by adding the following after subsection (8):

(9)  The complaint inquiry committee may continue to take any steps under this Division even if the complaint is resolved as between the complainant and the investigated party pursuant to this section.

 

39   Section 49 is amended

                            (a)    in subsections (3), (4) and (5) by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”;

                           (b)    in subsection (6) by striking out “college” and substituting “Association”;

                            (c)    in subsection (7) by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”.

 

40   Section 52(3) is amended by striking out “The complaints director, on the request of an investigator or without a request if the complaints director is the investigator,” and substituting “The complaint inquiry committee, on the request of an investigator,”.

41   Section 54 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “complaints director” and substituting “complaint inquiry committee”;

                                 (ii)    by striking out “council” and substituting “Council”;

                           (b)    in subsection (3) by striking out “registrar” and substituting “Registrar”.

 

42   Section 55 is amended

                            (a)    by repealing subsection (1) and substituting the following:

Report of investigation

55(1)  When an investigator concludes an investigation, the investigator must make a report within a reasonable time and submit the report to the complaint inquiry committee.

                           (b)    in subsections (2), (3) and (4) by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”.

 

43   Section 57 is amended

                            (a)    in subsection (2) by striking out “complaints director” and substituting “complaint inquiry committee”;

                           (b)    in subsection (5)(b) by striking out “complaints director to conduct or” and substituting “complaint inquiry committee to”.

 

44   Section 58 is amended

                            (a)    by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”;

                           (b)    by striking out “council” and substituting “Council”.

 

45   The following is added after section 58:

Sanction agreements

58.1(1)  At any time after a complaint has been made but before a hearing tribunal starts to hear evidence about an allegation of unprofessional conduct, the complaint inquiry committee and the investigated party may, in accordance with this section, enter into an agreement

                                 (a)    setting out the relevant agreed facts,

                                 (b)    admitting the unprofessional conduct of the investigated party, and

                                 (c)    stating the sanction to be imposed on the investigated party, including any one or more of the orders described in section 71.

(2)  The complaint inquiry committee must refer the proposed sanction agreement under subsection (1) to the complaint review committee, and cannot enter into a sanction agreement unless the complaint review committee has ratified the sanction agreement under subsection (3).

(3)  The complaint review committee may, on reviewing a proposed sanction agreement referred to it under subsection (2),

                                 (a)    ratify the sanction agreement, or

                                 (b)    refuse to ratify the sanction agreement.

(4)  The complaint review committee must notify the complaint inquiry committee of its actions under subsection (3).

(5)  If the complaint inquiry committee is unable to enter into an agreement under this section, the proceedings under this Division continue.

(6)  If an agreement is made under this section,

                                 (a)    each admission of unprofessional conduct is to be considered and treated, for all purposes, as a finding of unprofessional conduct made by a complaint inquiry committee, and

                                 (b)    the agreement is to be considered and treated, for all purposes, as a decision and order of a hearing tribunal.

(7)  The complaint inquiry committee must give the complainant written notification of any agreement made under this section.

(8)  An agreement made under this section may not be appealed to the hearing tribunal.

(9)  If the complaint inquiry committee is of the opinion that there are reasonable and probable grounds to believe that the investigated party has committed a criminal offence, the complaint inquiry committee must

                                 (a)    send a copy of the agreement made under this section to the Minister of Justice and Solicitor General, and

                                 (b)    on request, send a copy of any other information related to the agreement to the Minister of Justice and Solicitor General, except information that is subject to solicitor‑client privilege.

 

46   Section 60 is amended by striking out “a council,” and substituting “the Council or a”.

 

47   Section 67(3)(c) is repealed and the following is substituted:

                           (c)    a member of the complaint inquiry committee and counsel for the hearing tribunal, the complaint inquiry committee and the Association may attend.

 

48   Section 68 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “college” and substituting “Association”;

                                 (ii)    by striking out “complaints director” and substituting “complaint inquiry committee”;

                           (b)    in subsection (4)(a) by striking out “complaints director” and substituting “complaint inquiry committee”.

 

49   Section 71 is amended

                            (a)    in subsection (1)

                                  (i)    in clause (c)(v) by striking out “council” and substituting “Council”;

                                 (ii)    in clause (i) by striking out “college” and substituting “Association”;

                           (b)    in subsection (3) by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”;

                            (c)    in subsection (4) by striking out “college” wherever it occurs and substituting “Association”.

 

50   Section 73(2) is amended

                            (a)    by repealing clause (a) and substituting the following:

                                 (a)    the complaint inquiry committee and the Registrar,

                           (b)    by striking out “council” and substituting “Council”.

 

51   Section 75 is amended by striking out “council” wherever it occurs and substituting “Council”.

 

52   The heading Appeal within College preceding section 76 is struck out and the heading Appeal within Association is substituted.

 

53   Section 76 is amended

                            (a)    by repealing subsection (1) and substituting the following:

Appeal to Council

76(1)  An investigated person or the complaint inquiry committee, on behalf of the Association, may commence an appeal to the Council of a decision of a hearing tribunal by a written notice of appeal that

                                 (a)    identifies the appealed decision, and

                                 (b)    states the reasons for the appeal.

                           (b)    in subsection (3) by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”;

                            (c)    by striking out “council” wherever it occurs and substituting “Council”.

 

54   Section 77 is amended

                            (a)    by striking out “A council” wherever it occurs and substituting “The Council”;

                           (b)    by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”.

 

55   Section 78 is amended

                            (a)    in subsection (1) by striking out “complaints director” and substituting “complaint inquiry committee”;

                           (b)    by striking out “council” wherever it occurs and substituting “Council”;

                            (c)    by striking out “college” wherever it occurs and substituting “Association”.

 

56   Section 79 is amended

                            (a)    by striking out “council” wherever it occurs and substituting “Council”;

                           (b)    in subsection (2)(b) by striking out “complaints director” and substituting “complaint inquiry committee”.

 

57   Section 80 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “council” and substituting “Council”;

                                 (ii)    by striking out “council’s” and substituting “Council’s”;

                           (b)    in subsection (2) by striking out “council” and substituting “Council”.

 

58   Section 81 is amended 

                            (a)    by striking out “council” wherever it occurs and substituting “Council”;

                           (b)    by striking out “college” wherever it occurs and substituting “Association”.

 

59   Section 82 is amended

                            (a)    by striking out “complaints director” and substituting “complaint inquiry committee”;

                           (b)    by striking out “council” and substituting “Council”.

 

60   Section 84 is repealed and the following is substituted:

Commissioner for oaths

84   A person appointed by the complaint inquiry committee to conduct an investigation and any member of a hearing tribunal, the Council, the complaint inquiry committee or the complaint review committee is conferred with the powers of a commissioner for oaths under the Notaries and Commissioners Act for the purposes of an investigation, hearing, review or appeal under this Part.

 

61   Section 89 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “registrar” and substituting “Registrar”;

                                 (ii)    by repealing clause (e).

                           (b)    in subsection (2) by striking out “registrar” and substituting “Registrar”;

                            (c)    in subsection (3)

                                  (i)    by striking out “a college” and substituting “the Association”;

                                 (ii)    by striking out “the college” and substituting “the Association”;

                           (d)    in subsection (4) by striking out “college” and substituting “Association”.

 

62   Section 90(3) is amended

                            (a)    by striking out “registrar” and substituting “Registrar”;

                           (b)    by striking out “college” and substituting “Association”.

 

63   Section 91 is amended by striking out “A college” and substituting “The Association”.

 

64   Section 92 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “registrar” and substituting “Registrar”;

                                 (ii)    by striking out “college” and substituting “Association”;

                                (iii)    by striking out “registrar’s” and substituting “Registrar’s”;

                           (b)    in subsection (2) by striking out “registrar” and substituting “Registrar”;

                            (c)    in subsection (3)

                                  (i)    by striking out “registrar” wherever it occurs and substituting “Registrar”;

                                 (ii)    by striking out “college” and substituting “Association”;

                                (iii)    by striking out “registrar’s” and substituting “Registrar’s”;

                           (d)    in subsection (4) by striking out “registrar” and substituting “Registrar”.

 

65   Section 94 is amended

                            (a)    by striking out “a college” wherever it occurs and substituting “the Association”;

                           (b)    by striking out “the college” and substituting “the Association”;

                            (c)    in subsection 1(d) by striking out “a council” and substituting “the Council”.

 

66   Section 95 is amended

                            (a)    by striking out “a council” and substituting “the Council”;

                           (b)    by striking out “the council” wherever it occurs and substituting “the Council”;

                            (c)    by striking out “a college” wherever it occurs and substituting “the Association”.

 

67   Section 96(2) is repealed and the following is substituted:

(2)  The Association, the Council or a panel, a committee, a tribunal, the Registrar, the Chair, the chair of the complaint inquiry committee and the hearings director of the Association and any officer, investigator or person engaged by the Association may, on the recommendation of the Ombudsman,

                                 (a)    rehear any matter and reconsider any decision or recommendation made by that person or body, and

                                 (b)    quash, confirm or vary the decision or recommendation or any part of it.

 

68   Section 97 is amended

                            (a)    by repealing subsection (2) and substituting the following:

(2)  No person or group of persons shall use the name of the Association, alone or in combination with other words, in a manner that states or implies that the person or group of persons is the Association under this Act, unless the person or group of persons is the Association under this Act.

(2.1)  No person or group of persons shall use the words “college”, “College of Alberta Professional Foresters” or “College of Alberta Professional Forest Technologists”, alone or in combination with other words, in a manner that states or implies that the person or group of persons is the former College of Alberta Professional Foresters, the former College of Alberta Professional Forest Technologists or the Association, unless the person or group of persons is the Association under this Act.

                           (b)    in subsection (4)

                                  (i)    by adding “, “regulated forest management professional” ” after “ “regulated forestry professional” ”;

                                 (ii)    by striking out “a college” wherever it occurs and substituting “the Association”;

                            (c)    in subsection (5)

                                  (i)    by striking out “2 of a schedule to this Act” and substituting “97.1”;

                                 (ii)    by striking out “college to which section 2 of the Schedule refers” and substituting “Association”;

                           (d)    by repealing subsection (6) and substituting the following:

(6)  No corporation shall use the word “association”, alone or in combination with other words, in a manner that states or implies that the corporation is the Association under this Act, unless the corporation is the Association under this Act.

(6.1)  No corporation shall use the words “college”, “College of Alberta Professional Foresters” or “College of Alberta Professional Forest Technologists”, alone or in combination with other words, in a manner that states or implies that the corporation is the former College of Alberta Professional Foresters, the former College of Alberta Professional Forest Technologists or the Association, unless the corporation is the Association under this Act.

                            (e)    in subsection (7)

                                  (i)    by adding “, “regulated forest management professional” ” after “ “regulated forestry professional” ”;

                                 (ii)    in clause (b) by adding “, “regulated forest management professional” ” after “ “regulated forestry professional” ”.

 

69   The following is added after section 97:

Use of titles, abbreviations and initials

97.1   A regulated member of the Association may, as authorized by the regulations, use any of the following titles, abbreviations and initials:

“Registered Professional Forester”, “R.P.F.” or “RPF”;
“Registered Forester”, “R.F.” or “RF”;
“Professional Forester”, “P.For.” or “PFor”;
“Forester‑in‑training”, “F.I.T.” or “FIT”;
“Registered Professional Forest Technologist”, “R.P.F.T.” or “RPFT”;
“Registered Forest Technologist”, “R.F.T.” or “RFT”;
“Professional Forest Technologist”, “P. For. Tech.” or “P For Tech”;
“Forest Technologist‑in‑training”, “F.T.T.” or “FTT”.

 

70   Section 100 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “A council” and substituting “The Council”;

                                 (ii)    by repealing clause (h) and substituting the following:

                                       (h)    respecting the use of abbreviations and titles within the meaning of the Act and the use of the words “registered” and “regulated” and “regulated forestry professional”, “regulated forest management professional” or “regulated forest professional” by a regulated member or a category of regulated members;

                                (iii)    in clause (j) by striking out “registrar” and substituting “Registrar”;

                                (iv)    by adding the following after clause (k):

                                   (k.1)    respecting the powers and duties of the chair of the complaint inquiry committee;

                                 (v)    in clause (l) by striking out “a college” and substituting “the Association”;

                           (b)    by adding the following after subsection (1):

(1.1)  A regulation must be approved in principle by a majority of the registered members voting

                                 (a)    at a special meeting called for that purpose,

                                 (b)    by a mail vote or a vote authorized by bylaw that is conducted by electronic, telecommunication or other appropriate means, or

                                 (c)    at the annual general meeting following the Council’s making of the regulation.

(1.2)  The Council may change the text of a regulation that was approved in principle under subsection (1.1) if the change

                                 (a)    is consistent with the approval in principle, and

                                 (b)    is made before the regulation is submitted to the Lieutenant Governor in Council for approval.

 

71   Section 101 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “A council” and substituting “The Council”;

                                 (ii)    in clause (a)

                                       (A)    by striking out “council” and substituting “Council”;

                                       (B)    by striking out “college” and substituting “Association”;

                                (iii)    in clauses (c), (d), and (e) by striking out “council” wherever it occurs and substituting “Council”;

                                (iv)    in clause (k) by striking out “college” and substituting “Association”;

                           (b)    by adding the following after subsection (1):

(1.1)  A bylaw must be approved by a majority of the registered members voting

                                 (a)    at a special meeting called for that purpose,

                                 (b)    by a mail vote or a vote authorized by bylaw that is conducted by electronic, telecommunication or other appropriate means, or

                                 (c)    at the annual general meeting following the Council’s making of the bylaw.

 

72   Section 101.1 is amended

                            (a)    by striking out “a college” and substituting “the Association”;

                           (b)    by striking out “the college” and substituting “the Association”.

 

73   Section 102 is amended

                            (a)    in subsection (1) by striking out “A council” and substituting “The Council”;

                           (b)    in subsection (2)

                                  (i)    by striking out “A college” and substituting “The Association”;

                                 (ii)    by striking out “the council” and substituting “the Council”;

                            (c)    in subsection (3) by striking out “A council” and substituting “The Council”;

                           (d)    in subsection (5)

                                  (i)    by striking out “college” and substituting “Association”;

                                 (ii)    by striking out “council” and substituting “Council”.

 

74   Part 10 is repealed.

 

75   Schedules 1 and 2 are repealed.

 

76   The following provisions are amended by striking out “college” wherever it occurs and substituting “Association”:

section 48(1);
section 64;
section 65;
section 70;
section 88(a).

 

77   The following provisions are amended by striking out “a college” wherever it occurs and substituting “the Association”:

section 42;
section 99.

78   The following provisions are amended by striking out “complaints director” wherever it occurs and substituting “complaint inquiry committee”:

section 43.2;
section 44(1);
section 46;
section 50;
section 53;
section 56;
section 59;
section 63.

 

79   The following provisions are amended by striking out “A council” wherever it occurs and substituting “The Council”:

section 9(1);
section 43(1).

 

80   The following provisions are amended by striking out “registrar” wherever it occurs and substituting “Registrar”:

section 24;
section 32;
section 33;
section 34;
section 37;
section 38.

Transitional Provisions, Consequential
Amendments and Coming into Force

Transitional Provisions

Interpretation

81(1)  In this section and sections 82 to 90,

                           (a)    “amalgamating entity” means each of the College of Alberta Professional Foresters or the College of Alberta Professional Forest Technologists;

                           (b)    “governing bodies of the amalgamating entities” means the council of the College of Alberta Professional Foresters and the council of the College of Alberta Professional Forest Technologists;

                           (c)    “prior Act” means the Regulated Forestry Profession Act, as it read prior to the coming into force of this section;

                           (d)    “revised Act” means the Regulated Forestry Profession Act, as amended by this Act;

(2)  For the purposes of this section and sections 82 to 90, a hearing or an appeal is concluded once a final written decision, including any orders or conditions, has been made.

Transitional — effect of amalgamation

82   On the coming into force of this section, the following applies:

                           (a)    the property, assets, rights, privileges and benefits of each amalgamating entity become the property, assets, rights, privileges and benefits of the Association;

                           (b)    the documents, records and other information of each amalgamating entity become the documents, records and other information of the Association;

                           (c)    any bequest, legacy, devise or other gift made before or after the coming into force of this section in the name of or for the benefit of an amalgamating entity is, unless the terms of the bequest, legacy, devise or other gift expressly state otherwise, continued and, in furtherance of the bequest, legacy, devise or other gift, deemed to have been made to and for the benefit of the Association;

                           (d)    the Association is liable for the debts, obligations and liabilities, contractual or otherwise, of each amalgamating entity;

                           (e)    any existing causes of action, claims or liabilities by or against an amalgamating entity are unaffected except that they may be continued by or against the Association;

                            (f)    a civil, criminal or administrative action or proceeding pending by or against an amalgamating entity may be continued by or against the Association;

                           (g)    a conviction against an amalgamating entity may be enforced against the Association;

                           (h)    a ruling, order or judgment in favour of or against an amalgamating entity may be enforced by or against the Association.

Transitional — initial Council

83(1)  In this section,

                           (a)    “year 1” means the period of time starting on the coming into force of this section and ending on a date set by the Council at the first meeting of the Council, which end date must be no less than 365 days and no more than 400 days after the coming into force of this section;

                           (b)    “year 2” means the one‑year period that begins immediately after year 1.

(2)  On the coming into force of this section, the council of the College of Alberta Professional Foresters and the council of the College of Alberta Professional Forest Technologists are collectively replaced with the Council established and the members appointed under the revised Act in accordance with the following:

                           (a)    the initial Council shall consist of

                                  (i)    one chair, elected by the Council from the members of the Council,

                                (ii)    at least 4 members appointed by the council of the College of Alberta Professional Foresters who were members of the College of Alberta Professional Foresters immediately before the coming into force of this section, for terms ending at the end of year 2,

                               (iii)    at least 4 members appointed by the council of the Alberta Professional Forest Technologists who were members of the College of Alberta Professional Forest Technologists immediately before the coming into force of this section, for terms ending at the end of year 2,

                               (iv)    at least 2 or more public members, comprising at least 25% of the Council, appointed by the Lieutenant Governor in Council pursuant to section 13 of the revised Act;

                           (b)    at the end of year 2, the members appointed pursuant to clause (a)(i), (ii), (iii) or (c) must be replaced by a member elected in accordance with the bylaws;

                           (c)    where a member appointed in accordance with clause (a)(i) or (ii) is unable to fulfil the member’s term, the Council must appoint a replacement member, and that appointment expires at the end of the original term of the member being replaced.

Transitional — governance

84   On the coming into force of this section,

                           (a)    the president of each amalgamating entity is replaced with the Chair of the Council elected under the revised Act;

                           (b)    the registrar of each amalgamating entity is replaced with the Registrar appointed under the revised Act;

                           (c)    the members of the registration committee of each amalgamating entity are replaced with the members of the registration committee appointed under the revised Act;

                           (d)    the members of the competence committee of each amalgamating entity are replaced with the members of the competence committee appointed under the revised Act;

                           (e)    the members of the complaint review committee of each amalgamating entity are replaced with the members of the complaint review committee appointed under the revised Act;

                            (f)    the individuals appointed under section 13 of the prior Act are deemed to have been appointed under section 13 of the revised Act;

                           (g)    the hearings director of each amalgamating entity is replaced with the hearings director appointed under the revised Act;

                           (h)    the members of the hearing tribunal roster of each amalgamating entity are replaced with the members of the hearing tribunal roster appointed under the revised Act.

Transitional — regulated members

85   On the coming into force of this section, an individual who is registered under the prior Act as a

                           (a)    Registered Professional Forester,

                           (b)    Registered Forester,

                           (c)    Professional Forester,

                           (d)    Forester‑in‑training,

                           (e)    Registered Professional Forest Technologist,

                            (f)    Registered Forest Technologist,

                           (g)    Professional Forest Technologist, or

                           (h)    Forest Technologist‑in‑training,

with one of the amalgamating entities, including an individual whose registration is subject to a suspension, is deemed to be registered as a member of the Association under the revised Act, subject to the same approvals, privileges, conditions, undertakings, restrictions or suspensions that exist on the individual’s registration or practice immediately before the coming into force of this section.

Transitional — registration

86(1)  On the coming into force of this section, an application for registration or for reinstatement that has been deferred or commenced but has not been concluded under the prior Act must be concluded in accordance with that Act.

(2)  Subject to subsection (3), for the purposes of subsection (1), the powers and duties of a Registrar or registration committee under the prior Act are vested in and may be carried out by the Registrar or registration committee under the revised Act and any reference to the Registrar or registration committee in the prior Act is deemed to be a reference to the Registrar or registration committee under the revised Act.

(3)  On the coming into force of this section, if a hearing of the registration committee has been commenced under the prior Act but has not been concluded, the members of the registration committee continue as members of the registration committee for the purposes of the hearing until the hearing is concluded.

(4)  A person who is registered or reinstated under this section is deemed to be registered, subject to any conditions or restrictions imposed, as a registered member of the Association under the revised Act.

Transitional — complaint inquiry and discipline

87(1)  Any complaint made on or after the day this section comes into force that relates to conduct occurring all or partly before the coming into force of this section must be dealt with in accordance with the prior Act.

(2)  On the coming into force of this section, a complaint made under the prior Act before the coming into force of this section and any matters, including any hearings or appeals, arising from the complaint must be concluded in accordance with the prior Act.

(3)  Subject to subsections (4) and (5), for the purposes of subsection (2), the powers and duties

                           (a)    of a complaint director under the prior Act are vested in and may be carried out by the complaint inquiry committee under the revised Act, and any reference to the complaint director in the prior Act is deemed to be a reference to the complaint inquiry committee under the revised Act,

                           (b)    of a complaint review committee under the prior Act are vested in and may be carried out by the complaint review committee under the revised Act and any reference to the complaint review committee in the prior Act is deemed to be a reference to the complaint review committee under the revised Act,

                           (c)    of an investigator under the prior Act are vested in and may be carried out by an investigator appointed under the revised Act, and

                           (d)    of a hearing tribunal under the prior Act are vested in and may be carried out by a hearing tribunal under the revised Act, and any reference to a hearing tribunal in the prior Act is deemed to be a reference to a hearing tribunal under the revised Act.

(4)  On the coming into force of this section, if an investigator has been appointed to conduct an investigation under the prior Act and the investigation has not been concluded under Division 3 of that Act, the investigation must be concluded in accordance with that Act.

(5)  On the coming into force of this section, if members of a hearing tribunal have been appointed to hear a matter under the prior Act and the hearing has not been concluded, the members of the hearing tribunal continue as members of the hearing tribunal, and the hearing must be concluded in accordance with that Act.

Transitional — initial regulations

88(1)  The governing bodies of the amalgamating entities may, before the Council is established under section 83, jointly make regulations under section 100(1) of the prior Act on behalf of and in the name of the Council.

(2)  Sections 100(1.1) and (1.2) of the revised Act do not apply to a regulation made pursuant to subsection (1).

(3)  A regulation made pursuant to subsection (1) must be approved in principle by a majority of the members of each amalgamating entity present and voting

                           (a)    at a special meeting called for that purpose, or

                           (b)    by a mail vote or a vote conducted by electronic, telecommunication or other appropriate means.

(4)  The governing bodies of the amalgamating entities may jointly change the text of a regulation that was approved in principle under subsection (3) if the change

                           (a)    is consistent with the approval in principle, and

                           (b)    is made before the regulation is submitted to the Lieutenant Governor in Council for approval.

(5)  A regulation made pursuant to subsection (1) does not come into force unless it has been approved by the Lieutenant Governor in Council.

Transitional — initial bylaws

89(1)  The governing bodies of the amalgamating entities may, before the Council is established under section 83, jointly make bylaws under section 101(1) of the prior Act on behalf of and in the name of the Council.

(2)  Section 101(1.1) of the revised Act does not apply to a bylaw made pursuant to subsection (1).

(3)  A bylaw made pursuant to subsection (1) must be ratified by a majority of the members of each amalgamating entity present and voting

                           (a)    at a special meeting called for that purpose, or

                           (b)    by a mail vote or a vote conducted by electronic, telecommunication or other appropriate means.

Consequential Amendments

Amends RSA 2000 cO-8

90(1)  The Ombudsman Act is amended by this section.

(2)  Section 1 is amended

                            (a)    by repealing clause (b)(iv) and substituting the following:

                               (iv)    when used in reference to a forestry association means the Registrar as defined in the Regulated Forest Management Profession Act,

                           (b)    by repealing clause (e) and substituting the following:

                                 (e)    “forestry association” means

                                        (i)    the Association of Alberta Forest Management Professionals, and

                                      (ii)    the Council, panel, committee, tribunal, Registrar, Chair and hearings director of the Association of Alberta Forest Management Professionals and any officer, investigator or person engaged by the Association of Alberta Forest Management Professionals;

                            (c)    by repealing clause (h)(iii) and substituting the following:

                               (iii)    a forestry association,

Coming into Force

91   This Act, except sections 88 and 89, comes into force on Proclamation.