MEMORANDUM OF ASSOCIATION OF NOVA SCOTIA FOREST TECHNICIANS ASSOCIATION Article 1 Name This association shall be known as - The Nova Scotia Forest Technicians Association. Article 2 Objectives 2.1 To elevate the image of Nova Scotia Forest Technicians in the eyes of the government, industry and the public in general. (Amend. 1980) 2.2 To foster high standards of efficiency. 2.3 To promote the common interests of all Nova Scotia Forest Technicians. (Amend 1980) 2.4 To promote to the fullest the conservation of our forest, our fish and our wildlife. 2.5 To cooperate as much as possible with all associations with similar interests. 2.6 Repealed 2007 2.7 To promote esprit-de-corps wherever we may be employed. 2.8 Repealed 2007 2.9 To evaluate the qualification (academic and experience) of graduate technicians who apply for certified membership in our Association and issue accreditation with respect thereto. (1998) 2.10 To promote and assist in the continuing education of Forest Technicians and foster high standards. (1998) 2.11 Maintain and promote the NSFTA Code of Ethics. (1998) Revised Jan 9th, 2008 1 of 11 BY-LAWS OF NOVA SCOTIA FOREST TECHNICIANS ASSOCIATION 1.1 The Directors for this organization shall be: President 1st Vice President 2nd Vice President Secretary Treasurer (Amended 1999) 1.2 Directors shall hold office at the pleasure of the Association but for a period of not less than two years. At the end of each two-year term, nominations for each available position may be accepted from the floor at the next AGM, provided the nominee is present at the meeting. Following nominations from the floor, the chair of the Nominating Committee may also submit the names of nominees of whose acceptance have been verified by letter. (Amended 2007) 2.1(a) The following shall comprise the Executive Council: Immediate Past President (as Chairperson) (Amended 2007) President 1st Vice President 2nd Vice President Secretary Treasurer Eight (8) Regional Executive Members (Amend. 1999) Committee Chairpersons. (Amended 2007) 2.1(b) The Executive shall meet no less than twice a year. These meetings shall be on the Second Friday of June and September. (Amended 2007) 2.2 Regional Executive members will be elected, one for each provincial forest region, by the members within each region. 2.3 This executive Council shall have the power to deal with matters pertaining to finance, special meetings, grievances, and such other matters which may come up from time to time and which are not considered serious enough to be taken before an emergency meeting. 2.4 In the event that a director resigns his office or ceases to be a member in the Association, whereupon his office as director shall ipso facto be vacated, the vacancy thereby created may be filled for the unexpired portion of the term by the Board of Directors from among the members of the Association. 2.5 The Association may, by special resolution, remove any director before the expiration of the period of office and appoint another person in his stead. The person so appointed shall hold office during such time only as the director in Revised Jan 9th, 2008 2 of 11 whose place he/she is appointed would have held office if he/she had not been removed. (Amended 1999) 2.6 (Repealed 2007) 3.1 Membership in the organization shall fall into three categories: Honorary Members: Full members may submit names for Honorary membership. These names will be voted upon at an annual meeting. Candidates for Honorary membership will be accepted only on a two-thirds majority vote and will not have voting privileges. The Executive of NBFTA will be considered Honorary Members. (Amended 2007) Members: Graduates of a school/college of Forest Technology, recognized by the NSFTA. (Amended 2007) Any member of the NBFTA who wishes to become a member of the NSFTA will automatically be qualified to do so. (Amended 2007) Certified Member: A member who has satisfied the NSFTA Certification requirements. (1998) 3.2 Any member, who has attained the full retirement age of 65 years and has been a fully paid-up member of the association for a minimum of 10 successive years preceding the application of this section, shall be granted life membership in this association and shall receive all the privileges and benefits of full membership without payment of dues. (Amend. 1978) This excludes payment of CFT dues. (Amended March 2005) 4.1 The amount of dues, for members and certified members are fixed yearly at the annual meeting and will depend on the financial demands of the organization. 4.2 All dues are payable on a calendar year basis and must be paid as of March 31st of each year. (Amend. 1999) 5.1 An AGM committee shall decide the time and place of the next annual meeting. (Amended 2007) 5.2(a) The terms “mailed to”, “sent to”, and “in writing”, also refers to electronic means of communication. (Amended 2007) 5.2(b) Notice of the annual meeting will be mailed to the membership not less than 4 weeks prior to the date of the meeting. 6.1 The order of Business for meetings shall be: 1. Opening and Roll-Call 2. Reading and confirming of Minutes 3. Reports of Committees 4. Reading of Correspondence 5. Unfinished Business 6. Installation of Offices 7. New Business Revised Jan 9th, 2008 3 of 11 8. 9. (Repealed 2007) Closing 7.1 Amendments to the Memorandum can be made only at the annual meeting. Notice of motion of such amendments must be given, in writing, at least two months in advance of the date of the meeting. A copy of this notice must be mailed to the membership one month in advance of a meeting. Amendments to the Memorandum may be made only by three-fourths majority vote of the members present. Amendments to the by-laws require only one majority vote. 7.2 The society has power to repeal or amend any of the Memorandum of Association and By-laws by a special resolution passed in the manner prescribed by law. 8.1 Auditors will be appointed at the annual meeting and must include at least 2 paid members. Auditors report will be submitted to the Executive not later than April 30th. Members at the annual meeting may inspect the books and records of the society. 9.1 30% or 35 paid up members of the association shall constitute a quorum for the purpose of carrying on the business of the Association at the AGM. (Amended 2007) 10.1 For new members, proper application forms will be made available and must be properly filled in by applicant and submitted to the treasurer. (Amended 2007) 10.2 For new members, dues will not be charged for the first year, provided they have graduated from a recognized technical forestry school, during the past year. (Amended 2007) 10.3 Payment of the current year’s dues will constitute the joining fee. (Amended 2007) 10.4 Members planning to attend the annual meeting must have dues paid and be in possession of a current year’s membership card. (Amended 2007) 10.5 Only paid up members will have voting privileges. 10.6 Any member who failed to pay dues for two consecutive years will have their name removed from the mailing list. (Amended 2007) 10.7 Reinstatement (for regular members) can be obtained by paying the current years dues. (Amended 2007) 10.8 (a) To remain certified, a member will have their dues paid by March 31st of each year and if required, their CFE hours submitted to the CFE Committee before the required deadline. (Amended 2007) Revised Jan 9th, 2008 (Amended 2007) 4 of 11 10.8(b) If CFT dues are not paid by March 31st; the 1st Vice President shall send a first notice to the delinquent member within two weeks. If required, a second notice will be sent within the first two weeks of May and if by June 1st the dues are not paid in full, certification will be revoked. (Amended 2007) 13.1 Committee chairmen will hold committee meetings as required in order to compile reports on the progress of the committee. (Amended 2007) 13.2 Committee reports will be submitted, in writing, before or at each executive meeting and also before or at the AGM. (Amended 2007) 14.1 Regional executive members will hold regional meetings as required in order to compile reports on matters pertaining to their respective regions. (Amended 2007) 14.2 Regional reports will be submitted, in writing, to the executive before or at the semi-annual executive meeting and also before or at the regular general meeting. (Amend. 1995) 15.1 (Repealed 2007) 15.2 Notice of executive meetings will be sent to committee chairmen and executive members at least two weeks before the meeting to allow time for reports, etc, to be submitted. 15.3 A full report on the Executive meetings will be posted on the NSFTA website and sent to those members of the association who requests a hard copy of the report to be mailed to them as soon as possible, after such a meeting. (Amended 2007) 16.1 When it is necessary for regional executive and committee chairmen to incur legitimate expenses in the carrying out of their duties concerning the association, a bill for such expenses will be submitted to the executive for consideration at the executive meeting. 16.2 The Directors, officers and Members will only be reimbursed for expenses incurred while carrying out the duties of the Association. No member, director or officer will benefit financially from the association. 17.1 The nominating committee shall be the eight regional executive members. The regional executive member for the North Central region will automatically become chairman of the nominating committee. (Amend. 1978) 18.1 The following rules of order will apply to all meetings of this association: a) No member shall speak for more than three minutes on any one subject at any one time except where a longer period may be required to present a report. Revised Jan 9th, 2008 5 of 11 b) c) d) e) f) g) h) No member may speak twice on any subject until such time as all members have had a chance to speak on the same subject. Members shall rise to their feet to speak. Members shall always address the chair. Should two or more members rise to speak at the same time, the chairman shall decide who should speak first. The other members wishing to speak will be given the chance in the order decided upon by the chairman. The chairman may rule a member “out of order”. Such member shall then take his seat until the question of order has been decided. Such question of order shall be decided before further business can be conducted. When voting on any matter a show of hands will be called for. An actual count of those for and against will be recorded in the minutes. No hats will be worn at the AGM. (Amended 2007) 19.1 On receipt of notice of the death of a member or the wife or husband of a member, or any other person or persons, as the association wishes and as authorized by the executive, the Regional Rep. in that region of the association will have the authority to order flowers sent, or give a donation to a charitable organization, chosen by the bereaved family. Such donation or cost of flowers should not exceed $50.00. (Amended 2007) 20.1 The seal of the association shall be in the custody of the secretary and may be affixed to any document upon resolution of the board of directors. (Amend. 1995) 21.1(a) Preparation of minutes, custody of the books and records, and custody of minutes of all the association and of the board of directors shall be the responsibility of the secretary. (Amend. 1995) 22.1(b) The Treasurer shall file with the registrar, with the annual statement, a list of its directors with their addresses, occupations, and dates of election, and within fourteen days of a change of directors, notify the registrar of the change. (Amended 2007) 23.1 Members may be suspended from this Association for the following reason 1) Non-payment of Dues as noted in 4.2 2) 24.1 Reasons contrary to the principles of the Association. In this case a motion calling for such suspension must be made by a member of the Executive and must be supported by at least 75% majority vote before such suspension can be carried out. Members in danger of suspension under the section are entitled to a hearing before not less than three member of the Executive Council. Contracts, deeds, bills of exchange and other instruments and documents may be executed on behalf of the Society by the President or the Vice-President, Treasurer and the Secretary, or otherwise as prescribed by resolution of the Board of Directors. (Amended 2007) Revised Jan 9th, 2008 6 of 11 25.1 The borrowing powers of the Association may be exercised by special resolution of the members. BOARD 26. CERTIFICATION 26.1 A Certification Board of six Certified Members of the Association and the 1st 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 1st 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 be responsible for all Board correspondence. (This by-law will be in effect starting at the 1999 annual general meeting.) (Amended 1999) 26.2 The NSFTA Certification Board has the authority to: (a) Maintain existing certification requirements. (b) Recommend the necessary changes in the certification procedure to the Association for approval at an annual general meeting. (c) Review and evaluate applications. (d) Grant or refuse certification. 26.3 The Certification Board shall meet as required to review applications for certification. (Amended 2007) 26.4 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. 26.5 A member not meeting the required standard of the examination and for just reason feels that he/she was 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. 26.6 Four members of the Certification Board Plus the 1st Vice President will constitute a Quorum. (Amended 2007) 27. INITIAL CERTIFICATION PROCEDURE Repealed December 31, 1998 28. CERTIFICATION PROCEDURE Revised Jan 9th, 2008 7 of 11 28.1 The objective of certification of NSFTA members is to recognize and validate experience, education, and competency of those members practising acceptable forestry in Nova Scotia. 28.2 To become a Certified Member of the NSFTA, the applicant must be a graduate of a forest technician/technologist school recognized by the NSFTA. Upon acceptance, the new member will receive and become familiar with the NSFTA Code of Ethics, and shall signify with their signature, receipt an undertaking to comply with the requirements as spelled out in the Code of Ethics. 28.3 To become a Certified Member of the NSFTA, the NSFTA member or applicant must have: 28.3(a) Thirty-six months acceptable post graduation, forestry experience. 28.3(b) Letters of recommendation from two Certified Members of this Association. 28.3(c) Pay the examination fee of $35.00, which will be considered CFT dues for that calendar year if the candidate successfully passes the exam. (Amended March 2005) (Amended 2007). 28.3(d) Pass an examination based upon pertinent Acts and Regulations of Nova Scotia and the NSFTA Code of Ethics. 28.4 Examinations for certification will be written the third week in April and the third week in October, beginning in 1999. 28.5 A candidate who fails may write the examination each time it is offered within a 12-month period. 28.6 (Repealed 2007) 28.7 Candidates can request to take an oral examination. 28.8 The Association will provide the candidate with copies of the sections of the pertinent Acts and Regulations and the NSFTA Code of Ethics at cost. 28.9 Upon Certification the member will: (a) Be given a personal registration number. (b) Receive a certificate (to be awarded during the subsequent annual general meeting). (c) Be entitled to use the words “Certified Forest Technician and /or the letters CFT” after his/her name. (d) Be permitted to acquire a standard stamp/seal from the NSFTA bearing the member’s name and Association registration number. This stamp/seal remains the property of the NSFTA. (Amended 2007) 28.10 Three members of the Certification Board will mark and grade each examination. 28.11 Candidates must receive a minimum of 75% to pass the examination. Revised Jan 9th, 2008 8 of 11 28.12 The Association shall invest CFT monies into Continuing Education. (Amended 2007) 29. CODE OF ETHICS. 29.1 No Code of Ethics can prescribe appropriate conduct under all circumstances. Its purpose is to provide a general guide of ethical conduct principals to allow members to carry out their duties to the environment, Association members, the profession and the public. Members are bound by law, acts, regulations of the Province of Nova Scotia and the rules and articles of the Nova Scotia Forest Technicians Association. 29.2 This code shall be interpreted by the following guidelines. (a) The Golden Rule (‘Do unto others as you would have them do unto you”). (b) Honourable judgement errors are not unethical and must be evaluated in that context rather than by strict adherence to the written Code of Ethics. 29.3 As a further guide, members are encouraged to ask themselves four critical questions when faced with ethical decisions: (a) Is the potential action legal in the criminal or civil sense? (b) Is the action within the guidelines of the NSFTA Code of Ethics? (c) Is the action balanced or will it heavily favour one party over another? (d) Am I comfortable with the action and willing to have it known by all? 29.4 Code of Ethic Articles (a) A member shall protect and promote safety, social, economic, and environmental interests. (b) A member shall only undertake work that he/she is competent by virtue of training and experience. (c) A member shall maintain their technical competence through participation in Continuing Forestry Education (CFE). (d) 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. (e) A member shall regard the business of their employer as confidential unless released from this obligation. (f) A member, working simultaneously for clients whose interests in the work might be conflicting, shall notify all parties concerned. (g) A member shall be fair and honest in dealing with employer, client, subordinates, peers, and members of the public. (h) A member shall be responsible to their employer or client and in working relationships shall place their interests above everything except when those interests conflict with acceptable forestry practices. (i) A member, as a forest technician/technologist, shall not give opinions other than those based upon knowledge and experience. (j) A member shall not engage in any activity likely to result in an unfavourable reflection of the profession. This shall apply to conduct as a member of the profession and not as a citizen at large. Revised Jan 9th, 2008 9 of 11 (k) A member who engages in public discussion or controversy on forestry topics shall do so with dignity and honesty befitting his/her profession. (l) A member shall not condone untrue or misleading opinions concerning forestry. (m) A member shall not claim credit for facts or opinions, which are not his/her own. (n) A member shall not distort or withhold information for the purpose of supporting his/her opinions. (o) A member shall not make unsolicited or untrue comments to anyone about forest technicians/ technologist’s work or methods but shall disclose evidence of unethical actions to the Disciplinary Committee of this Association. (p) A member shall not support the admission to this Association any person believed by them to be inadequately qualified or unworthy. 30. DISCIPLINARY COMMITTEE 30.1 The Disciplinary Committee shall be elected for a two-year term and shall not be members serving on another Committee or Board except for the 2nd Vice President. It shall consist of the 2nd Vice President of the NSFTA Executive and four Certified Members. Their decision is to be unanimous. The 2nd Vice President of the NSFTA Executive shall be the chair of the Committee. Should the Committee consider a complaint valid, an Investigation Committee consisting of the Chair, a member of 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. (Amended 2007) 30.2 Disciplinary action shall be taken when a member is proven guilty of professional misconduct, incompetence, negligence, or a breach of the NSFTA Code of Ethics. Complaints may be from Association members, employees, employers, or the public. (Amended 1999) 30.3 Complaints must be in writing, dated and signed. 30.4 Complaints shall be referred to the 2nd Vice president of the NSFTA who will be the Chair of the Disciplinary Committee. The 2nd Vice President of the NSFTA shall: (Amended 1999) (a) Keep a record of complaints, progress and results. (b) Acknowledge receipt of complaints within ten working days. (c) Advise involved members of the complaint within ten working days. (Amended 2007) 30.5 Complaints will only be considered if they are brought forward within six years from the date of the alleged occurrence. 30.6 The Disciplinary Committee shall investigate complaints. Revised Jan 9th, 2008 10 of 11 30.7 Investigation of the complaint in progress is to be strictly confidential within the Disciplinary Committee. 30.8 Advise complainant and member being complained about if there is no action taken. 30.9 The Disciplinary Committee Shall: (a) Determine if there are grounds for disciplinary action. (b) Advise member of hearing. (c) Set date and place for hearing. (d) Hold hearing. (e) Exercise disciplinary action. (f) Advise Executive of action taken. (g) Report only disciplinary action(s) to the annual general meeting. 30.10 The disciplined member has thirty days to appeal a Committee decision in writing. 30.11 The Disciplinary Committee has the authority to discipline a member. Disciplinary action, which may be taken against a culpable member, includes: (a) Reprimand (written) (b) Directed to take Continuing Forestry Education. (c) Put on Probation. (d) Suspension for up to five years. (e) Permanent suspension from the NSFTA. (f) Any appropriate combination of the above. 31. APPEAL PROCEDURE FOR DISCIPLINARY ACTION 31.1 A member being disciplined has thirty days to apply in writing for an appeal. 31.2 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, as an observer only. The decision of the appeal committee must be unanimous. 31.3.1 The appeal shall be heard within thirty days of being received. The decision of this committee will be final. Revision Revised Jan 9th, 2008 January 09, 2008 11 of 11