Constitution

Constitution of the New Brunswick Forest Technicians Association Inc.

Article 1 Name

1.1 This Association shall be known as the New Brunswick Forest Technicians Association Inc. (NBFTA).

Article 2 Objectives

2.1 To enhance the image of and encourage cooperation among Forest Technicians/Technologists in New Brunswick.

2.2 To provide one voice on forestry issues as they relate to Forest Technicians/ Technologists.

2.3 To evaluate the qualifications (academic and experience) of graduate technicians/technologists who apply for membership in the Association and issue accreditation with respect thereto.

2.4 To promote and assist in the continuing education of Forest Technicians/ Technologists and foster high standards.

2.5 To promote the protection and enhancement of the New Brunswick biosphere.

2.6 To cooperate as much as possible with all associations with similar interests.

Article 3 Officers

3.1 The officers of this Association shall be know as the Executive and be
comprised of:

President First
Vice President
Second Vice President
Secretary Treasurer

Article 4 Tenure of Office and Election

4.1 Officers shall hold office at the pleasure of the Association for a minimumof one year.

4.2-1 Repealed NBFTA 2004 AGM.

4.2-2 The nominating committee shall consist of the Past-President and the Regional Executive member from each region.

4.2-3 Nominations from the membership may be made to the nominating committee up until thirty days prior to the annual general meeting.

4.2-4 Any certified member in good standing may be nominated for any office.

4.2-5 Nominations for an office must be made in writing to the chair of the nominating committee, signed by two Certified members and must be accompanied by a signed letter of acceptance by the nominee

4.2-6 During the association’s annual general meeting, the chair of the nominating committee shall submit to the membership nominations for each of the offices.

4.2-7 Nominations for an office will only be accepted from the floor at an annual general meeting when the nominating committee has received no nominations for that office.

4.2-8 To be elected to an office a candidate must receive a majority vote, which is 50% plus one ballot. Voting will be by secret ballot.

4.2-9 Two members in good standing, not nominated for an office, shall be appointed as scrutineers.

4.3 The following shall comprise the members of the Executive Council:

President (Chair)
Immediate Past President
First Vice President
Second Vice President
Secretary
Treasurer
One Regional Executive member from each region

4.4 Regional Executive members will be elected one from each provincial forest region (circa DNR&E map 1996), by members within each region (All members will be notified in writing of pending elections). Regional Executive members will be elected for a two-year term, retiring in an odd number year if their region number is odd, and in an even number year if their region number is even. Elections will be held prior to the annual general meeting.

4.5 The Regional Executive member shall serve as chair for regional meetings, which shall be held semi-annually.

4.6 All members of the Executive, Certification Board and Disciplinary Committee must be Certified Members of the Association.

4.7 The Executive Council shall have the power to deal with matters pertaining to finance, special meetings, grievances, bereavement, and other matters which may come up which are not considered serious enough to be taken before an emergency general meeting.

4.8 A quorum for a meeting of the Executive Council shall consist of the President or designate and three other members, one of which must be a Regional Representative.

4.9 The term of office shall not exceed four (4) continuous years in any one office.

Article 5 Membership

5.1 Membership in the Association shall be one of the following categories:

5.1-1 Member – Graduates of a Forest Technician/Technology program recognized by the NBFTA.

5.1-2 Certified Member -A Member who has satisfied the NBFTA certification requirements.

5.1-3 Honorary Members – Any member may submit name(s) for Honorary Membership in the Association to the Executive Council one-month prior to the annual general meeting for prior approval. Members attending the annual general meeting will accept candidates for Honorary Membership on a two-thirds vote by secret ballot.

5.1-4 Life Members – Any member who has been a member in good standing with the Association for a period of ten years and has reached their 65th birthday shall be classified as a life member with all the privileges of a regular member and be exempt from dues.

5.1-5 Certified Life Members – Any certified member who has been a member in good standing with the Association for a period of ten years and has reached their 65th birthday shall be classified as a certified life member with all the privileges of a certified member and be exempt from dues. Certified Life Members will be required to meet the CFE requirements to maintain this certification.

5.1-6 Hall of Fame Life Members – Any technician/technologist receiving Hall of Fame status shall be a life member of the Association with voting privileges and be exempt from dues.

Article 6 Dues and Fees

6.1 The dues for Members and Certified Members will be fixed at the annual general meeting by a membership vote and will depend on the financial demands of the Association.

6.2 All dues are payable on a calendar year basis and must be paid as of the annual general meeting of each year.

6.3 The fee for certification will be fixed at the annual general meeting and will depend on the financial demands for certification.

6.4 New Brunswick Graduates of the Maritime College of Forest Technology or a recognized Forest Technology program shall receive a complementary membership for the year following graduation.

Article 7 General Meetings

7.1 The time and location of the next annual general meeting will be set before adjournment of the annual general meeting.

7.2 Members of the Association will be notified as to the time, date, and location of the annual general meeting, not less than 30 days prior.

7.3 The Executive may call an emergency general meeting upon one-week notification to the members.

Article 8 Order of Business

8.1 The Order of Business for annual general meetings shall be:

8.1-1 Opening

8.1-2 Reading and confirmation of Minutes

8.1-3 Reports of Committees

8.1-4 Reading of Correspondence

8.1-5 Unfinished Business

8.1-6 Election and Installation of Officers

8.1-7 New Business

8.1-8 Choosing Dates and Location of Next Annual General Meeting

8.1-9 Notice of Motion

8.1-10 Closing

Article 9 Amendments to Constitution and By-Laws

9.1 Amendments to the Constitution and By-Laws of the Association can be made only at the annual general meeting of the Association.

9.2 To amend the Constitution, a notice of motion of such amendment must be given in writing to the Secretary of the Association at least sixty (60) days prior to the annual general meeting. Two members of the Association must sign said notice of motion. The Secretary shall send each member of the Association a copy of the proposed amendment at least thirty (30) days prior to the annual general meeting.

9.3 Amendments to the Constitution can only be passed with a two-thirds majority vote by secret ballot of the members present at an annual general meeting.

9.4 Amendments to the By-Laws must be submitted in writing, signed by the mover and seconder, to the Secretary prior to New Business in the Order of Business.

9.5 Amendments to the By-Laws can be passed with a majority vote by secret ballot, of members present at an annual general meeting.

9.6 Proxy votes, with signed authorization from the member, are permitted for each notice of motion.

Article 10 Auditors

10.1 Auditors’ reports will be submitted to the Executive 30 days prior to the annual general meeting. The audit will include all transactions up until midnight December 31.

10.2 Auditors will be appointed at each annual general meeting to serve until the next annual general meeting.

Article 11 Quorum

11.1 A quorum, for the purpose of Constitutional and By-Law amendments, shall consist of at least thirty-five (35) members.

11.2 A quorum, for the purpose of regular business at a general meeting or emergency meeting of the Association, shall consist of at least twelve (12) members.

Article 12 Committees and Boards

12.1 All Committees and/or Boards formed by this Association shall be responsible to and report to the Executive of this Association.

Article 13 Gender

13.1 The Constitution and By-Laws of this Association shall be interpreted in a gender neutral manner.

By-Laws of the New Brunswick Forest Technicians Association Inc.

1. DUES

1.1 Members attending the annual general meeting must have their dues paid.

1.1-1 Dues are to be paid in full, within 30 days after the Annual General meeting, in order to maintain membership and certification.

1.2 Failure to pay dues within the assigned period of time will result in loss of certification, removal from the membership list and removal from the mailing list.

1.3 Reinstatement can be made by paying the current year’s dues plus a penalty of 25%.

1.4 Re-certification will be required after one year’s absence from the Association.

1.5 Only paid up members have voting privileges.

2. MEMBERSHIP APPLICATION

2.1 Proper application forms will be made available and must be properly filled in by the applicant and submitted to the chair of the Membership Committee.

3. COMMITTEE MEETINGS

3.1 The committee chair will hold committee meetings on a semi-annual basis.

3.2 Committee reports will be submitted, in writing, to the Secretary prior to semi-annual Executive meetings and annual general meetings.

4. REGIONAL MEETINGS

4.1 The Regional Executive members will chair a semi-annual meeting to compile reports on matters pertaining to their region.

4.2 Regional reports will be submitted, in writing, to the Secretary prior to semi-annual Executive meetings and annual general meetings.

5. EXECUTIVE COUNCIL MEETINGS

5.1 An Executive Council meeting will be held in the period between June 1 and September 30 in order to deal with matters pertaining to the Association in general and review progress reports of Committees and Regional Executives. Notices of such meetings will be given to the Chair and Executive member’s thirty (30) days prior to allow preparation time for members involved.

5.2 A full report, on the semi-annual meeting, will be sent to the members of the Association, in the next newsletter.

6. EXPENSES

6.1 Legitimate expenses incurred by Regional Executive and Committee Chairs must be submitted to the Executive Council meeting for consideration. The Association will pay reasonable, legitimate expenses incurred by: Committee Chairs, Regional Executives and any member acting on behalf of the Association in the line of duty concerning the Association. Expenses must be pre-authorized by the Executive.

7. RULES OF ORDER

7.1 The following rules of order will apply to all meetings of this Association:

7.1-1 In order for a topic to be discussed it must be put on the floor of the meeting in the form of a motion with a mover and seconder.

7.1-2 No member may speak for more than three minutes on any one topic except where a longer period may be required to make a report.

7.1-3 No member may speak on a topic for a second time until all other members have had a chance to speak on the same topic or unless asked for clarity on the presentation by the Chair.

7.1-4 Members shall rise to their feet to speak.

7.1-5 Members shall always address the Chair.

7.1-6 Should two or more members rise to speak on a topic, the Chair will decide who shall speak first. The Chair will allow the other members to speak in turn.

7.1-7 The Chair may rule a member ‘out of order’. The member shall take his/her seat until the question of order has been decided. Such question will be decided before any further business is conducted.

7.1-8 When a vote is required, a vote will be by show of hands unless otherwise called for as stated in the Constitution. The Chair or any member may request a secret ballot. The Secretary shall record the actual counts for and against on a vote.

8. NOMINATING COMMITTEE

8.1 The Nominating Committee shall be comprised of the Past-President and the Regional Executive members.

9. CERTIFICATION BOARD

9.1 A Certification Board of six Certified Members of the Association and the First Vice President shall be responsible to the Association for the certification of the members. Two members will be appointed, at the annual general meeting, to this committee each year for a three-year term. The First Vice President of the Association will be the only member of the Executive eligible to be a member of this Board and will be the Chair for this Board. The Chair of the Board will make recommendations to the Executive Council on all candidates who apply for certification and will be responsible for all Board correspondence

9.2 The NBFTA Certification Board has the authority to:

9.2-1 Maintain existing certification requirements.

9.2-2 Recommend the necessary changes in the certification procedure to the Association for approval at an annual general meeting.

9.2-3 Review and evaluate applications.

9.2-4 Grant or refuse certification.

9.3 The Certification Board shall meet four times per year (or as required) to review applications for certification.

9.4 Candidates who are refused by the Board may appeal to the President of the Association in writing. Appeals must be made within fourteen (14) days of receipt of a refusal. The Executive will review the refusal and notify the candidate of their decision within thirty (30) days of receipt of the appeal.

9.5 A member not meeting the required standard for the examination and for just reason feels that his/her improperly assessed, may, in writing within one week of notification, request a re-mark of the examination, upon payment of a fee of $50.00. If the Board is found in error, the fee will be refunded, otherwise the fee will be forfeited.

10. INITIAL CERTIFICATION PROCEDURE Repealed December 31,1997.

11. CERTIFICATION PROCEDURE

11.1 The objective of certification of NBFTA members is to recognize and validate experience, education, and competency of those members practicing acceptable forestry in New Brunswick.

11.2 To become a Member of the NBFTA, the applicant must be a graduate of a forest technician/technologist school recognized by the NBFTA. Upon acceptance, the new member will receive and become familiar with the NBFTA Code of Ethics, and shall signify with their signature, receipt and undertaking to comply with the requirements as spelled out in the Code of Ethics.

11.3 To become a Certified Member of the NBFTA, the NBFTA member must have:

11.3-1 Twenty-four months acceptable post graduation, forestry experience.

11.3-2 Letters of recommendation from two Certified Members of this Association.

11.3-3 Passed an examination based upon the pertinent Acts and Regulations of New Brunswick and the NBFTA Code of
Ethics.

11.4 Examinations for certification will be written at least twice a year or more at the discretion of the Certification Board.

11.5 A candidate who fails may write the examination each time it is offered within a calendar year.

11.6 If a candidate fails twice, he/she must take a Continuing Forestry Education course(s) before writing one last time.

11.7 Candidates can be requested to take an oral examination.

11.8 Repealed AGM 2001

11.9 Upon Certification the member will:

11.9-1 Be issued a personal registration number.

11.9-2 Receive a certificate (to be awarded during the subsequent annual general meeting).

11.9-3 Be entitled to use the words “Certified Forest Technician or the letters CFT” after his/her name.

11.9-4 Be permitted to purchase a standard stamp/seal from the NBFTA bearing the member’s name and Association registration number.

11.10 Loss of Certification

11.10.1 At the annual general meeting, the chair of the CFE committee shall provide the Executive with a list of all certified members that have not received or applied for a CFE certificate to maintain their certification.

11.10.2 The chair of the Certification Board shall notify the certified member in writing of the pending loss of certification. The certified member shall have sixty days from the posting of said notification to apply, with sufficient CFE hours, for a CFE certificate.

11.10.3 If, after sixty days, the certified member does not apply for a CFE certificate, they will be removed from the list of certified members and placed on the membership list.

11.10.4 A CFT losing his/her certification because of non-payment of dues cannot apply for re-certification if he/she requires a CFE certificate.

11.11 Re-certification

11.11.1 Any member who loses his/her certification by failing to receive a CFE certificate may apply for re-certification. For a period of not exceeding 5 years, the member will provide the chairman of the Certification Board a CFE certificate. ( Processing fee equal to half the annual dues of a CFT)

11.11.2 Any member who has lost his/her certification by failing to receive a CFE certificate and does not apply for re-certification as stated in 11.11.1 shall be required to provide a CFE certificate and be required to re-write the certification examination. (Processing fee is equal to half the CFT annual dues of a CFT plus the cost of the examination).

12. CODE OF ETHICS

12.1 No Code of Ethics can prescribe appropriate conduct under all circumstances. Its purpose is to provide a general guide of ethical conduct principles to allow members to carry out their duties to the environment, Association members, the profession and the public. Members are bound by the law, acts, and regulations of the Province of New Brunswick and the rules and articles of the New Brunswick Forest Technicians Association Inc.

12.2 This code shall be interpreted by the following guidelines.

12.2-1 The Golden Rule (“Do unto others as you would have them do unto you”).

12.2-2 Honorable judgment errors are not unethical and must be evaluated in that context rather than by strict adherence to the written Code of Ethics.

12.3 As a further guide, members are encouraged to ask themselves four critical questions when faced with ethical decisions:

12.3-1 Is the potential action legal in the criminal or civil sense?

12.3-2 Is the action within the guidelines of the NBFTA Code of Ethics?

12.3-3 Is the action balanced or will it heavily favor one party over another?

12.3-4 Am I comfortable with the action and willing to have it known by all?

12.4 Code of Ethics Articles

12.4-1 A member shall protect and promote safety, social,economic, and environmental interests.

12.4-2 A member shall only undertake work that he/she is competent to perform by virtue of training and experience.

12.4-3 To maintain their certification a certified member shall, within three years of initial certification receive their certificate in Continuing Forestry Education (CFE). The Continuing Forestry Education certificate must be maintained every three years by its anniversary date to maintain certification. All certified technicians must meet this criteria by the Annual General meeting 2002.

12.4-4 A member shall recommend that other specialists be consulted on problems beyond his/her competence and shall cooperate with such specialists to the extent necessary.

12.4-5 A member shall regard the business of their employer as confidential unless released from this obligation.

12.4-6 A member, working simultaneously for clients whose interests in the work might be conflicting, shall notify all parties concerned.

12.4-7 A member shall be fair and honest in dealing with employer, client, subordinates, peers and members of the public.

12.4-8 A member shall be responsible to their employer or client and in the working relationship shall place their interests above everything except when those interests conflict with acceptable forestry practices.

12.4-9 A member, as a forest technician/technologist, shall not give opinions other than those based upon knowledge and experience.

12.4-10 A member shall not engage in any activity likely to result in an unfavorable reflection on the profession. This shall apply to conduct as a member of the profession and not as a citizen at large.

12.4-11 A member who engages in public discussion or controversy on forestry topics shall do so with dignity and honesty befitting his/her profession.

12.4-12 A member shall not condone untrue or misleading opinions concerning forestry.

12.4-13 A member shall not claim credit for facts or opinions,which are not his/her own.

12.4-14 A member shall not distort or withhold information for the purpose of supporting his/her opinions.

12.4-15 A member shall not make unsolicited or untrue comments to anyone about another forest technician/technologist’s work or methods but shall disclose evidence of unethical actions to the Disciplinary Committee or the Appeal Board of the Disciplinary Committee of this Association.

12.4-16 A member shall not support the admission to this Association any person believed by them to be inadequately qualified or unworthy.

13. DISCIPLINARY COMMITTEE

13.1 The Disciplinary Committee shall be elected for a two-year term and shall not be constituted of members serving on another Committee or Board except for the Second Vice President. It shall consist of the Second Vice President of the NBFTA Executive and three Certified Members. The Second Vice President of NBFTA Executive shall be Chair of the Committee. Should a complaint be considered valid by the Committee, an Investigation Committee, consisting of the Chair, a Certified Member from the region selected by the Committee, and a member of the general public shall investigate and bring a report and recommendation to the Committee as a whole to be dealt with.

13.2 Disciplinary action shall be taken when a member is proven guilty of professional misconduct, incompetence, negligence, or a breach of the NBFTA Code of Ethics. Complaints may be from Association members, employees, employers or the public.

13.3 Complaints must be in writing, dated and signed.

13.4 Complaints shall be referred to the Second Vice President of the NBFTA who will be the Chair of the Disciplinary Committee. The Second Vice President of the NBFTA shall:

13.4-1 Keep a record of complaints, progress and results.

13.4-2 Acknowledge receipt of complaints in writing within ten working days.

13.4-3 Advise member of the complaint in writing within ten working days.

13.5 Complaints will only be considered if they are brought forward within six years from the date of the alleged occurrence.

13.6 The Disciplinary Committee shall investigate complaints.

13.7 Investigation of the complaint in progress is to be strictly confidential within the Disciplinary Committee.

13.8 Advise the complainant and the member being complained about in writing if there is no action to be taken.

13.9 The Disciplinary Committee shall:

13.9-1 Determine if there are grounds for disciplinary action.

13.9-2 Advise the member in writing of the hearing.

13.9-3 Set date and place for the hearing.

13.9-4 Hold the hearing.

13.9-5 Exercise disciplinary action(s).

13.9-6 Advise Executive in writing of action taken.

13.9-7 Report only disciplinary action(s)to the annual general meeting.

13.10 The disciplined member has thirty days to appeal a Committee decision in writing.

13.11 The Executive Board on the advice of the disciplinary Committee hasthe authority to discipline a member. Disciplinary action, against a culpable member, may include but is not limited to:

13.11-1 Written reprimand.

13.11-2 Being directed to take appropriate Continuing Forestry Education.

13.11-3 Being put on probation for a period not to exceed one year.

13.11-4 Suspension from the NBFTA for up to five years. Re-instated on a recommendation from the disciplinary committee. 13.11-5 Permanent suspension from the NBFTA. 13.11-6 Repealed AGM 2001 13.11-7 Repealed AGM 2001 13.11-8 Repealed AGM 2001

14. APPEAL PROCEDURE FOR DISCIPLINARY ACTION

14.1 A member being disciplined has thirty days to apply in writing for an appeal.

14.2 The Appeal Committee shall include the President of the Association, two Certified Members appointed by the President, two Certified Members appointed by the member being disciplined and a member of the public agreed to by the four Certified Members appointed to the Committee.

14.3 The appeal shall be heard within thirty days of being received. The decision of this Committee will be final.

15. REPLACING OFFICERS AND COMMITTEE MEMBERS

15.1 Should the President become unable to complete his/her term of office, the First Vice President will assume the office of President and the Second Vice President will move up to First Vice President. The new President will then appoint a replacement Second Vice President. These officers will be in effect until the next annual general meeting when an election will be held for the position of Second Vice President to complete the term, if it is not an election year.

15.2 Should any member of the Executive become unable to fulfill the office he/she was elected to, the President will appoint a Certified Member to fulfill the duties until the next annual general meeting.

15.3 Should a member of the Certification Board or of any other Committee be dismissed or be required to withdraw from the Board or Committee, the President will be empowered to appoint a Certified Member to fulfill the duties until the next annual general meeting.

16. EVALUATION OF EXAMINATIONS

16.1 Any member of the Certification Board shall have the authority to grade exams. All candidates shall be notified of the results in writing by the chair of the nominating committee.

16.2 Candidates must receive a minimum of 75% to pass the examination.

16.3 Candidates who receive a failing grade on the certification exam may request a reassessment of their exam within fourteen days in writing to the chair of the Certification Board. Two members of the Certification Board other than the member who originally graded the exam will do the reassessment.

17. RECIPROCITY

17.1 A Forest Technician certified in the Province of New Brunswick by the New Brunswick Forest Technicians Association shall be entitled to reciprocity in the Province of Nova Scotia under the following conditions;

17.1-1 He/ She shall perform all work in accordance to the Acts and Regulations pertaining to the Province of Nova Scotia.

17.1-2 His/Her work shall be exemplary and in accordance to the Code of Ethics of the Nova Scotia Forest Technicians Association.

17.1-3 He/She will notify the First Vice President of the Nova Scotia Forest Technicians Association and inform him of the length of time and location of work.

17.2 Any inappropriate action is subject to the rules of discipline as set forth by the constitution of the Nova Scotia Forest Technicians Association.

17.3 Any disciplinary measures taken against a Certified Forest Technician are applicable in New Brunswick.

17.4 The executive of the Nova Scotia Forest Technicians Association will be non voting members of the New Brunswick Forest Technicians Association.

Constitution updated Michael Boucher , CFT # 50 November 17, 2005

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