Professional Misconduct Defined
O.Reg 145/01 of the Professional Forester Act defines professional misconduct.
PART II PROFESSIONAL MISCONDUCT
"conflict of interest" has the same meaning as is set out in the by-laws.
Acts of professional misconduct
For the purposes of the Act, professional misconduct includes the following:
- An act or omission inconsistent with or contravening the Act, the regulations or the by-laws.
- Failing to maintain a standard of practice of the profession or contravening a standard of practice of the profession as set out in the by-laws.
- Practising the profession while the member's ability to do so is impaired by any substance.
- Failing to fulfil the terms of an agreement with a client or employer.
- Revealing information concerning any professional service or any property which is the subject of a professional service to a person, other than the client or employer or another member engaged by the client or employer, except with the consent of the client or employer or when authorized or required to do so by law.
- Providing, or attempting or offering to provide, services that are not reasonably useful or needed unless specifically requested by the client or employer, and failing to advise the client or employer that the services are not reasonably useful or needed.
- Making a misrepresentation to a client or employer, or a prospective client or employer or, in a professional capacity, to a third party.
- Abusing a client or employer, or a client or employer's agent, verbally, physically or emotionally.
- Misappropriating property from a client, employer or workplace.
- Making a claim respecting the utility of services other than a claim that can reasonably be supported as professional opinion.
- Guaranteeing a result or making a statement that a client or employer would reasonably understand as a guarantee of a result.
- Charging a fee that is excessive in relation to the services performed.
- Charging a fee for an unperformed service, except a fee for an appointment missed without at least 24 hours notice.
- Adding a charge to a disbursement.
- Knowingly submitting a false or misleading account or charge for professional services.
- Failing to issue a statement or receipt when a statement or receipt is requested by a client or employer.
- Failing to itemize the services provided, the fees for them and the disbursements charged when an itemized account is requested by a client or employer.
- Reducing, or offering to reduce, an account for prompt payment without notifying the client of the terms of reduction before providing the pertinent service.
- Charging interest on an account without notifying the client of the terms of the interest before providing the pertinent service, except where interest has been granted by a court.
- Discontinuing professional services unless,
i. the client requests the discontinuation,
ii. alternative or replacement services are arranged with the concurrence of the client, or
iii. the client is given a reasonable opportunity to arrange alternative or replacement services or agrees with the discontinuation.
- Selling or assigning any debt owed to the member for professional services. This does not include the use of credit cards to pay for professional services.
- Having a conflict of interest.
- Influencing a client or employer to change his or her will or other testamentary instrument.
- Inappropriately using a term, title or designation in respect of the member's practice.
- Using a name other than the member's name, as set out in the register, in the course of providing or offering to provide services within the scope of practice of the profession, except where the use of another name is necessary for personal safety, the employer and the Association have been made aware of the other name and that name is distinctive.
- Failing to make or maintain records required by the Act, the regulations or the by-laws or that are appropriate to professional services offered.
- Falsifying a record regarding professional services or relating to the member's practice.
- Failing to abide by a term, condition or limitation of a certificate of registration.
- Failing to direct or supervise, or inadequately directing or supervising, an unregistered person.
- Permitting, directing, counselling or assisting any person, other than a qualified member, to perform any act or function that should properly be performed by a qualified member.
- Permitting, directing, counselling or assisting a member, student or other management team member to perform professional forestry or other functions for which he or she is not adequately trained or that he or she is not competent to perform.
- Failing to inform the member's client or employer of the member's inability to accept responsibility in areas where special training is required or where the member is not competent to function without supervision.
- Failing to advise a client or employer to obtain services from another forestry professional where a member knew or ought to have known that the client or employer required services that were outside the member's scope of practice or within the member's scope of practice but outside the member's competency to perform.
- Directly or by implication representing any person to be a member who is not a member.
- Signing a report, plan or other document that contains a statement that the member knows or ought to know is false, misleading or otherwise improper.
- Signing a report, plan or other document without ascertaining, or taking reasonable measures to determine, the accuracy or its contents.
- Permitting a report, plan or other document to be issued in the member's name, or without his or her concurrence, without personally signing it.
- For any purpose related to the practice of professional forestry,
i. retaining or using the services of,
ii. employing or being employed by,
iii. maintaining a partnership or association with,
iv. directly or indirectly receiving, making or conferring any remuneration or benefit from or to, or
v. sharing or occupying space with a person whose registration is suspended or has been revoked or cancelled, except with the prior written consent of the Executive Committee and subject to the terms of that consent.
- Failing to reply appropriately or within a reasonable time to a written inquiry received from the Association.
- Failing to take reasonable steps to ensure that the requested information is provided in a complete and accurate manner where a member is required to provide information to the Association pursuant to the Act, the regulations or the by-laws.
- Failing to appear before the Complaints Committee to be cautioned or admonished or failing to comply with an order of the Complaints Committee.
- Failing to comply with an order of a panel of the Discipline Committee.
- Failing to co-operate in an Association investigation.
- Failing to abide by a written undertaking given by the member to the Association or to carry out an agreement entered into with the Association.
- Failing to report an incident of professional misconduct, unskilled practice of forestry or unethical conduct of a member to the Association.
- Making any statement, orally or in writing, calculated to belittle or injure the professional reputation of another member or unnecessarily commenting adversely upon any professional act of another member.
- Touting or, except as permitted by this Regulation, soliciting professional business.
- An act or omission relevant to the practice of professional forestry that, having regard to the circumstances, would reasonably be regarded as disgraceful, dishonourable or unprofessional conduct.
- Failing to be responsible for the conduct of the member's employees or agents and for the suitability and quality of their acts.
An act done or omission made by an employee or agent of the member that, if done or made by the member, would constitute professional misconduct. O. Reg. 145/01, s. 3.