Mandatory registration
40(1) A person must apply for registration
if the person
(a) is qualified to meet the
requirements of section 22(2) for registration as a regulated
member, and
(b) intends to provide any or all of
the following:
- professional services on public
land;
- the teaching of the practice
of a regulated profession to regulated members or students
of the regulated profession;
- the supervision of regulated
members who provide professional services on public land.
(2) If the registrar is of the
opinion that a person who is not a regulated member meets or may
meet the requirements of subsection (1)(a) with respect to the college
and provides any or all services described in subsection (1)(b),
the registrar may give that person a written request to apply for
registration.
(3) A person who receives a request
under subsection (2) must give a complete application for registration,
except for the application fee, to the registrar within 30 days
after receiving the request and the application fee must be paid
prior to registration.
(4) This section does not apply
to a person who is
(a) a regulated member of another
college,
(b) a student of a regulated profession, or
(c) authorized to provide any services referred to in subsection
(1) pursuant to another enactment.
22(2) An applicant must provide
evidence of competence in the practice of the profession
(a) by fulfilling one or more
of the following as required by the regulations:
- education requirements, that may include
being enrolled in a program of studies,
- experience requirements,
- successful completion of examinations,
or
- holding degrees, certificates or diplomas,
(b) by being registered with
a profession in another jurisdiction recognized by the regulations
or the council as having substantially equivalent competence and
practice requirements and meeting the requirements for persons
to be registered with that profession in that jurisdiction and
by meeting any additional requirements set out in the regulations,
or
(c) by satisfying the registration
committee of having, as determined in accordance with the
regulations, a combination of education, experience, practice
or other qualifications that demonstrates the competence required
for registration as a regulated member.
The Act defines the practice of forestry as follows:
1(1)(u) "practice of forestry" means the
development, acquisition or application of scientific principles
and practices relating to forestry, products of forested land and
integrated management of forested land and includes, without limitation,
- the inventory, classification, appraisal and evaluation
of forests and forested land,
- the development and implementation of programs for harvesting
and renewal of forests and forested land,
- the conservation, reclamation, improvement or protection
of forests, forested land or forest soils for forestry purposes,
- the preparation of forest resource management plans,
- the development of integrated resource management plans
and administration of forested land,
- the teaching of forestry at a college, technical institute
or university, and
- the conducting of research activities related to forestry;
The Act lists penalties and provisions for non-compliance:
Offence
41(1) A person who meets the requirements of section
40(1) but does not comply with a request under section 40(2) is
guilty of an offence.
(2) A person who is guilty of an offence under this
section is liable
(a) for a first offence, to a fine of not more than
$2000,
(b) for a 2nd offence, to a fine of not more than $4000, and
(c) for a 3rd and every subsequent offence, to a fine of not more
than $6000 or to imprisonment for a term of not more than 6 months
or to both fine and imprisonment.
(3) A prosecution under this section may be commenced
within 2 years after the commission of the alleged offence, but
not afterwards.
Injunction
42 The Court of Queen's Bench, on application by a
college by way of originating notice, may grant an injunction enjoining
any person who meets the requirements of section 40(1)(a) from providing
any or all services described in section 40(1)(b) if the person
is not a regulated member or is not authorized to provide the services
pursuant to another enactment.
Schedule 1
Profession of Registered Professional Foresters
Continuation of corporation
1. On the coming into force of this Act, the corporation
known as The Alberta Registered Professional Foresters Association
is continued as a corporation under the name the College of Alberta
Professional Foresters.
Use of titles, abbreviations and initials
2. A regulated member of the College of Alberta Professional
Foresters may, as authorized by the regulations, use any of the
following titles, abbreviations and initials:
(a) "Registered Professional Forester",
"R.P.F." or "RPF";
(b) "Registered Forester", "R.F." or "RF";
(c) "Professional Forester", "P.For." or "P
For";
(d) "Forester-in-training", "F.I.T." or "FIT".
Practice of forestry
3. In their professional practice, registered professional
foresters carry on the practice of forestry.