Acts Not Constituting Professional Forestry
The Professional Foresters Act (2000) sets out the definitions and describes the scope of the practice of the profession of professional forestry and what is not included as professional forestry.
Part I, Section 3: Scope of Practice
The practice of professional forestry is the provision of services in relation to the development, management, conservation and sustainability of forests and urban forests where those services require knowledge, training and experience equivalent to that required to become a member under this Act and includes,
- the designing, specifying or approving of silvicultural prescriptions and treatments, including timber harvesting;
- the appraisal, evaluation and certification of forests and urban forests;
- the auditing of forest management practices;
- the assessment of impacts from planned activities on forests and urban forests;
- the classification, inventory and mapping of forests and urban forests; and
- the planning and locating of forest transportation systems, including forest roads.
The practice of professional forestry does not include acts performed in relation to the management or manipulation of forests if they are performed,
- personally by individuals on land which they own;
- by a person acting within the scope of practice of a profession, trade or occupation that is listed in the regulations;
- by persons responding to an emergency situation such as a forest fire;
- by persons acting under the supervision of a member;
- by students enrolled in a forestry education program and under the supervision of the course instructor in the program;
- by a member of the armed forces while on duty; or
- by a person engaged in scientific research.
Part II, Section 52: Regulations
This section deals with the power of the OPFA to make Regulations. The section identifies the subjects for which regulations are to be made as well as some specific aspects of process, review, cost and distribution.
ONTARIO REGULATION 145/01
Part III, Section 4 (of Regulations): Excluded Acts
For the purposes of clause 3 (2) (b) of the Act, a person who performs an act in relation to the management or manipulation of forests that is within the generally accepted scope of any of the following professions, trades or occupations is not practising professional forestry when so acting, unless the person is a registered professional forester:
- Natural resource technician and technologist.
- Forest management plan approver certified under the "Managed Forest Tax Improvement Program".
- Certified tree marker.
- Certified arborist.
- Landscape architect.
- Professional planner.
- Certified Ontario or Canadian land surveyor.
- Professional engineer.
- Certified property appraisers.
- Ecologist. O. Reg. 145/01, s. 4.