SUBCOMMITTEE REPORT

PROFESSIONAL FORESTERS LEGISLATION

TEMBEC INC

WORLD WILDLIFE FUND FEDERATION OF ONTARIO NATURALISTS

ONTARIO PROFESSIONAL FORESTERS ASSOCIATION

CANADIAN INSTITUTE OF FORESTRY

ONTARIO FORESTRY ASSOCIATION

GRANT FOREST PRODUCTS INC

CONTENTS

Wednesday 21 June 2000

Subcommittee report

Professional foresters legislation

Tembec Inc
Mr George Bruemmer

World Wildlife Fund; Federation of Ontario Naturalists
Mr John McCutcheon

Ontario Professional Foresters Association
Ms Riet Verheggen

Canadian Institute of Forestry
Mr Bruce Ferguson

Ontario Forestry Association
Mr Erik Turk

Grant Forest Products Inc
Ms Faye Johnson

STANDING COMMITTEE ON GENERAL GOVERNMENT

Chair / Président

Mr Steve Gilchrist (Scarborough East / -Est PC)

Vice-Chair / Vice-Présidente

Mrs Julia Munro (York North / -Nord PC)

Mr Toby Barrett (Norfolk PC)

Mrs Marie Bountrogianni (Hamilton Mountain L)

Mr Ted Chudleigh (Halton PC)

Mr Garfield Dunlop (Simcoe North / -Nord PC)

Mr Steve Gilchrist (Scarborough East / -Est PC)

Mr Dave Levac (Brant L)

Mr Rosario Marchese (Trinity-Spadina ND)

Mrs Julia Munro (York North / -Nord PC)

Substitutions / Membres remplaçants

Mr Howard Hampton (Kenora-Rainy River ND)

Mr David Ramsay (Timiskaming-Cochrane L)

Mr Wayne Wettlaufer (Kitchener Centre / -Centre PC)

Also taking part / Autres participants et participantes

Mr Jerry J. Ouellette (Oshawa PC)

Clerk / Greffier

Mr Viktor Kaczkowski

Staff /Personnel

Mr James Flagal, legislative counsel

Mr Jerry Richmond, research officer, Legislative Research Service

The committee met at 1542 in committee room 1.

SUBCOMMITTEE REPORT

The Chair (Mr Steve Gilchrist): Good afternoon. I call the standing committee on general government to order for the purpose of considering standing order 124 resolution: proposed legislation entitled An Act respecting the regulation of the practice of Professional Foresters, Mr Chudleigh.

Our first order of business is the report of the subcommittee.

Mr Garfield Dunlop (Simcoe North): I will read the report.

Your subcommittee met to consider the method of proceeding on Mr Chudleigh's proposal, pursuant to standing order 124, to consider draft legislation entitled An Act respecting the regulation of the practice of Professional Foresters, and has agreed to recommend:

(1) That the committee meet on Wednesday, June 21, 2000, to consider Mr Chudleigh's proposed legislation.

(2) That notice of the hearing be placed on the Ontario parliamentary channel and on the committee's Internet Web page.

(3) That the deadline for the receipt of requests for those wishing to make an oral presentation be 5 pm on Tuesday, June 20, 2000.

(4) That time allocated to those making oral presentations be set at 15 minutes for groups and 10 minutes for individuals.

(5) If there are more witnesses requesting to appear than can be scheduled in one day, the committee will continue its consideration of the matter before it at its next regularly scheduled meeting.

(6) That the Chair and clerk of the committee be authorized to schedule witnesses and to make whatever logistical arrangements that are necessary to facilitate the committee's proceedings.

The Chair: Can I assume you move adoption of the report?

Mr Dunlop: I move adoption of that.

The Chair: Any further comment? Seeing none, I'll put the question. All those in favour of the subcommittee report being accepted? It's adopted.

PROFESSIONAL FORESTERS LEGISLATION

Consideration of the designated matter pursuant to standing order 124 relating to Mr Chudleigh's proposed legislation entitled "An Act respecting the regulation of the practice of professional foresters."

The Chair: Mr Chudleigh, do you wish to make a brief comment before we entertain a deputation?

Mr Ted Chudleigh (Halton): Yes, thank you, Mr Chairman. I'll be very brief. Committee members remind me that briefness is good.

First of all, I'd like to say that this bill was brought forward in our last term, I think it was the 36th Parliament, by Mr Ramsay. Just before the House prorogued it ran into a few technical problems and there wasn't time to redraft it. Much of the background work has been done by Mr Ramsay, and I think the bill, under standing order 124, will go forward in the names of the committee, as opposed to an individual name. Is that correct?

The Chair: Actually the Chair has to sign it and all other members of the committee who wish to sign can sign as co-sponsors.

Mr Chudleigh: So it won't attract only a single name and although we have moved it forward in these past few weeks-I guess entering into months now-certainly David Ramsay deserves full credit for his work in initiating this bill in the last Parliament.

The history of the Ontario foresters has been long and revered in Ontario. It goes back to the Foresters Act of 1957 and I think there was probably one before that as well. It's a proud tradition in Ontario, that of the foresters.

I've had the opportunity, as parliamentary assistant to natural resources, to tour a number of our forests. I was particularly struck with the Madawaska highlands, in visiting that area, and the quality of the forest. Sixty to 80 years of management has produced a truly magnificent forest, one that we can be proud of from anywhere in the world. I think you only have to compare with other parts of the world, for instance, Russia, where forest management is not particularly prevalent.

Now, with the Ontario Living Legacy announced by the Premier in March 1999, they have an assured use for the forests. Along with the Ontario Forest Accord, it is certainly time that the Professional Foresters Act, 2000, was considered by this Parliament and that we proceed to ensure that tradition of forestry is kept up to date and that the foresters who are signing plans for forests and woodlot management are every bit as capable and as credited as the high standards that Ontario foresters demand.

TEMBEC INC

The Chair: That takes us to our first presenter, from Tembec Inc, Mr George Bruemmer.

Mr Chudleigh: Mr Chair, Mr Ramsay may want to make a comment when he arrives, so you may give him that opportunity.

The Chair: I'd be pleased to do that.

Good afternoon and welcome to the committee.

Mr George Bruemmer: Thank you for having me. It's a pleasure to be here today. It's been a long road for the OPFA to bring this bill to this point and it's certainly a privilege to be part of the process to get it through.

I've been a registered professional forester in Ontario for 18 years and a member of the OPFA throughout that time, four of those years on the executive of council of the OPFA in the mid-1990s when the association decided to go forward with this licensing initiative.

I have spent my career working both in the forest industry and in the provincial government, all in Ontario and I've practised forestry. I graduated from Lakehead University in 1982, spent several years in Thunder Bay, five years in Chapleau, four years in Cochrane and the past six years in the Mattawa area. I've worked in many parts of the province, from one end of it to the other, and I've been part of the association for all that time.

Currently, I'm the research and development manager for forestry for Tembec corporately, based in Mattawa. I enjoy the biological, social and economic complexity of forestry in Ontario, and I like trees. I have to say I'm extremely proud of the effort, the perseverance and the determination the association has put into this effort to this point in time. I think the reason for that is that this bill is good both for the forests of Ontario and for the people whose quality of life benefits from those forests. I think that takes just about everybody here certainly and everybody in the province into that equation.

I'm sure by now I've already blown any hope you may have had of hearing an objective presentation on this particular subject, but I hasten to add that I'm not here purely to share my own personal views on the subject of licensing. I'm here to speak on behalf of Tembec.

To do that, and to keep myself honest, I'd like to read some excerpts to you from a presentation that was made to this committee about a year and a half ago by Jim Lopez who is now the vice-president for forest resource management for Tembec and my immediate supervisor. Jim is not a forester and has no particular allegiance to the OPFA, but I think for reasons of personal conviction as well as corporate interest, he has a strong interest in good forestry in Ontario and would have been here to say so himself if he could have, but got tangled up in scheduling conflicts that he couldn't change. I'll read excerpts from what he spoke to the committee about in December 1998:.

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"A little bit about the background of Tembec. I'm here representing a member of the industry, not necessarily the whole industry. Tembec operates 10 mills within Ontario with over 2,500 employees in the province." That number keeps growing. "The company operates a total of"-about 23 mills, I think, at last count-"throughout Canada and has 6,000 employees in the country. The company is currently one of the largest operators on public land throughout eastern Canada." We have operations stretching from BC and Manitoba, Ontario, Quebec and in New Brunswick as well.

"Our company has been recognized recently by a number of environmental groups as one of the leading forest managers in the province, and we've been recognized in some publications as such ... . Tembec has been one of the first forest companies within Canada to receive Forest Stewardship Council certification ... for our forest management practices on private land in Ontario. We're quite proud of what we've accomplished, and we're interested in any legislation that's going to continue to advance sustainable forestry throughout Ontario.

"I'd like to make several key points. One is we believe Ontario has one of the most progressive pieces of forest management legislation in the world in the Crown Forest Sustainability Act, a piece of legislation that we believe is second to none in Canada and maybe throughout the entire world ...we think Ontario should be proud of it and boast this legislation, because it bodes well for the future of forest management on public land in the province.

"We believe also there is a community of foresters in Ontario who are very professional and highly committed to the sustainability of the forests in this province. It's exciting. It's interesting to see the passion that our foresters have for managing the forests while still contributing to positive growth in the forest industry and employment in the forest industry in this province." I'd like to think that he's speaking about me personally when he says that, but I haven't got him to acknowledge that yet to this point in time.

"The licensing of professional foresters is about establishing some standards for foresters, because these people are on the front line of forest management in this province. Therefore, we think a set of standards should be held up to these people if they are to manage our resources for the future. We believe licensing professional foresters is also another important step"-if not a critical step-"in establishing the credibility of Ontario in the critical eye of the world community toward forest management.

"There's increasing public awareness in Ontario, Canada and indeed throughout the world for forest management practices, and there's now increasing accountability on governments and companies to practise sustainable forest management. Companies are increasingly aware"-as we are-"of potential boycotts of our products, potential bad publicity, bad advertising ... throughout our marketplace, threatening the very viability of our operations. So we think it is the time for foresters, companies and indeed the government to become more proactive in ensuring that we hold high standards for forest management practices in our province and that indeed we're proud of them and we put those standards forward for the world to see.

"Many of the forest management activities over the last several years have now been transferred to sustainable forest licences ... and forest product companies"-like Tembec.

"This means we're responsible for planning"-for the harvesting, for the renewal-and for the public consultation-that goes into forestry activities on crown land.

"There are a number of other activities that used to be carried out by the Ministry of Natural Resources in the past. If we're going to have this happen, we have to make sure that we have professionals carrying out these activities on the front line."

"We believe this act would be a measure to help narrow the gap between crown land and private land forest management over the long term. This may be a somewhat controversial statement, but we believe there is a large gap between the management of private land as opposed to crown land. There is no standard for private land management right now in terms of forestry practices. While we are not encouraging the government to legislate this, we are encouraging the government to make sure that there are professional, licensed foresters out there who are available for people who have private woodlots who want to practise forest management on these private woodlots. We think making these professionals available to those individuals would go a long way"-towards improving the standards of practice on private land.

"I'd like to point out that licensing is not a threat to our company. We do not feel that this is going to impede our ability in any way to carry out our business in Ontario."

That concluded Jim's comments to the committee a year ago.

Again, without trying to put too much of a personal bias on closing statements, what will licensing do for foresters in Ontario? I think, first of all, it will ensure that foresters who claim to know what they are doing, in fact do. So when companies like Tembec or government or private landowners hire registered professional foresters, they know that they're paying for high standards of professionalism and professional integrity.

Second, licensing will help these foresters to stay on the leading edge of their competency; in fact, it will require them to do so.

Third and finally-and we hope rarely-licensing will provide meaningful recourse against malpractices by foresters who claim to be professionals when, in fact, they are not.

This is very good legislation for the forests of Ontario and, by extension, for the people of Ontario. I think it's very fair as well for those of us who live and work in forestry in Ontario, whether we're foresters or whether we're not. I hope you'll make it law.

The Chair: Thank you, Mr Bruemmer. Maybe I should say, just before we start the round of questioning, that this is a somewhat unique process we're going through. I think we've only had two bills previously under standing order 124. Perhaps, if you have any suggestions to offer to the specific wording of the draft bill, if you've had a chance to read it, you and the other presenters, that would be very useful to us, because in theory right now we're preparing the bill for the first time to send into the House. We're not debating a bill that's had first reading. We'll be getting that subsequent to these hearings. So we have a very different ability to make changes at an early stage. If there's anything you've read that you'd like to see changed, I hope you'll take that opportunity, if not now then soon, to share with us.

With that, we'll start the round of questions. We have a couple of minutes for each caucus.

Mr David Ramsay (Timiskaming-Cochrane): I'm just very pleased that you're here to support the bill. As you know, I consider this a very important area of professionalism in this province, representing a northern area that's very dependent upon the forest industry. Your company has a presence in my new extended riding now, Timiskaming-Cochrane, and you're right. Your company has a very good reputation within the industry and within the community, especially in tackling some of the challenges that forestry companies have had as of late and not just dealing directly with the management of trees. I very much applaud that you're here to support this, because I think the industry as a whole will be better for this bill. I think it's about time that we recognized the professional work that our foresters do. I thank you.

Mr Bruemmer: Thank you on both counts.

Mr Howard Hampton (Kenora-Rainy River): Is it OK if we start asking questions? You have no problem there? You don't mind if we actually get right down to the nuts and bolts?

The Chair: Please do.

Mr Hampton: One of the issues that I've often heard raised in the past by people who work for the Ministry of Natural Resources was that there wasn't sufficient government commitment to forest management and forest renewal and the forest ecosystem. Many of those people were foresters. They would come and they would say, "We are underfunding forest renewal, forest management and the forest ecosystem by $200 million a year," or $300 million a year or $400 million a year, yet when push came to shove, they would sign on the dotted line.

Now that most of the forest management is operated by private, profit-making companies, how is this bill going to protect a forester who works for-gee, in my hometown-Abitibi Consolidated and who is concerned that the company is not doing the job that should be done in terms of forest renewal or forest management or the forest ecosystem generally? If he or she doesn't want to put their name on the dotted line, does this bill provide any protection to them?

Mr Bruemmer: I think it does. I indicated earlier that I've worked both in the provincial government and in the forest industry. I've always resented the label of "company forester" or "government forester" or "consulting forester."

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I think what this bill will provide is a title of "professional forester" that will apply to all of us. That distinction, where the OPFA has been around for a long time, didn't necessarily have the teeth, on the one hand, to discipline members who are signing, perhaps despite their best professional instincts, things that they don't feel they should sign, and, on the other hand, it's not protecting them either. I think if we're licensed as professionals in Ontario and if there is occasion-and we hope that doesn't happen-where a professional forester feels that something he or she is being asked to do by his or her employer is not correct or is not professional and it doesn't meet the standards of the association, then that individual has the association to fall back on for support in either making the individual's point, reassuring that individual that whatever is being proposed is OK, or supporting that individual in making changes to whatever is being proposed in whatever they're being asked to sign.

Mr Hampton: Could I ask a supplementary?

The Chair: Very briefly.

Mr Hampton: Someone's name is Bob Jones and they don't feel that in a given forest area either adequate funding is being put to work or adequate strategies are being employed, so he refuses to sign an annual work schedule or refuses to sign off on a particular piece of work that has to be run by the Ministry of Natural Resources. The company then disciplines that person. They fire him or they demote him. How would this bill help that person who is trying to observe professional standards?

Mr Bruemmer: I assume if that did occur the individual would have an appeal. I try to put myself personally in that type of situation. I would go to the OPFA and say: "I'm doing what I think is right. Can you please assemble a group of other professionals to either reassure me that what I am doing is not right and I should sign the thing and get on with it or that what I am doing is right and then support me in taking recourse, if necessary, against whatever I've been asked to do that I don't agree with doing."

If somebody has been demoted or fired-I don't know of any major companies, certainly not Tembec, that would resort to that. I've never heard of it happening. But if it did, I think a profession that is licensed has more weight in adjudicating disputes like that between individuals and their employers, and that's something that I don't think we've had here before.

Mr Dunlop: I'd like to comment on the fact that I'm happy to see Tembec at the table here today making comments. I come from the county of Simcoe and we have one of the largest regional areas of forestry in southern Ontario. I think it's 30,000 acres. I know Tembec bids a lot on the timber from that area. I think the Ministry of Natural Resources originally managed it for the county of Simcoe, and I believe the county has looked after it from January 1995 on their own.

I just want to make one quick question to you. It's something that I often hear and I'm wondering how foresters would react to this, that is, the damage that is done by the equipment taking out logs. I often hear that as a comment from people who did it on private lands as well as these county lands. It was something that we had to look very carefully at. I wondered if you could comment on that at all.

Mr Bruemmer: I guess I would use a personal example. I own 30 acres in Mattawa which I bought when I moved there. I'm not familiar with Simcoe county per se so I can't speak to that. The 30 acres that I own had clearly been logged in the past, either once, or probably twice, and had clearly been logged solely for the purpose of product and product value. It wasn't clear-cut. Perhaps visually it didn't look that bad to an untrained eye, but it had not been managed in the sense of other considerations being taken into account when the cut was planned. The visual impact is always there initially-it passes very quickly-but if the proper planning has gone on and if the proper practices have been applied right through the piece, then I think the negative visual impact is fairly short-lived and the recovery from that impact is very quick.

It's hard to ever convince anybody that cutting trees is visually a good thing. But if you take those same people back there-and that's really how I got into the business, with a very negative perception of what forestry or cutting was-and then you go through there in a sequence, from one year, five years, 10 years and so on, if it's done well, ultimately it looks better and the forest does well for it.

I take my kids on my little 30 acres and plant trees every year and try to reclaim it. I don't know whether the landowner was interested in having foresters help him or not. If he didn't have the opportunity, he does now. I regret that he hadn't taken the care at the time. I hope that in Simcoe at least-and I know with the activities we've had there, it's been a precondition that it be planned properly and executed properly or we're not going in there.

The Chair: Thank you very much for coming before us, Mr Bruemmer.

WORLD WILDLIFE FUND FEDERATION OF ONTARIO NATURALISTS

The Chair: Our next presentation will be from the World Wildlife Fund, Mr John McCutcheon. Good afternoon and welcome to the committee. We have 15 minutes for your presentation.

Mr John McCutcheon: I'd like to thank the committee for giving me permission to speak to you today on behalf of our support of the licensing of the profession of foresters. My name is John McCutcheon. I'm a director and a member of the executive committee of the World Wildlife Fund of Canada and a board member of the Living Legacy trust. I've been asked by Ric Symmes of the Federation of Ontario Naturalists to speak to you in support of this program and I wondered if I could read a letter that I just received from him.

The Chair: Please do.

Mr McCutcheon: "Dear John:

"Thank you for the opportunity to review the proposal by the Ontario Professional Foresters Association, and your remarks concerning the licensing of foresters in Ontario. The Federation of Ontario Naturalists has a longstanding interest in the health of Ontario's forests both north and south. We believe that the licensing of foresters will be beneficial to this interest. Please convey this support to the committee as part of your presentation.

"Founded in 1931, the Federation of Ontario Naturalists (FON) is dedicated to the protection and conservation of wildlife and nature in Ontario. We have 15,000 members and 104 local member groups in Ontario. Over that 70-year period, we have participated in key events and decisions that affect forests and all the biodiversity they support. We were an instigator of the Guelph conference of 1941 that triggered decisive action to restore forests and control erosion in the Ganaraska, Norfolk county and creation of the conservation authority system. More recently we spent years contributing to the timber environmental assessment hearings. Along with World Wildlife Fund and Wildlands League, we played an important role in Lands for Life, leading to the historic Ontario Forest Accord in 1999.

"We believe that it is important that persons giving advice on forest management have adequate qualifications, including a broad understanding of what makes a healthy forest ecosystem and that practitioners keep up to date. They also need to have professional standards and an association to stand behind them when they are asked to approve measures that compromise those standards. For this reason, FON supports the licensing proposal, and asks that the committee do the same."

That's from Ric Symmes, the executive director of FON.

The World Wildlife Fund is an international organization with offices in 70 countries, head office in Gland, Switzerland, and over six million members worldwide-a very large organization. We have 50,000 members in Canada.

I brought along an annual report for you to look at when you get a chance, both for the World Wildlife Fund and for FON. That will give you the background of where we are and the interest that we have certainly in forest.

Directors in the activities of the World Wildlife Fund in Canada as a worldwide organization have a mandate to support sustainable forest use, and we are founders of the forest stewardship accord. Again, there's a pamphlet for your information that looks like this. The information in this pamphlet describes the aims and objectives of FSC.

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Licensing will give added credibility to the certification process which helps the forest industry to compete with marketing green products. I think that's a very important part of where we feel we are supporting this program.

WWF fully supports the professional foresters bill, which would create licensing legislation for Ontario professional foresters. WWF has a working relationship with forestry companies and professional foresters in a number of countries and provinces. We feel that a licensed body of foresters would bring a better balance in the use of Ontario forests. Environmental issues concerning the need to respect wilderness and wildlife are defined in the association's terms of reference.

Under the present conditions, foresters working for forestry companies can come under pressure to react to shareholders' demands and the direction of management. Foresters employed by the ministry are subject of course to changing political priorities. Due to government restructuring in Ontario, there is a reduced ability to monitor forestry practices and the need for an independent, accountable body. If foresters were licensed and subject to the rules and regulations of the professional foresters association, they would have the support of their own association for taking an unpopular stand, just as George commented a minute ago.

This would be similar to the rules for accountants', lawyers' and doctors' associations, which set standards and maintain professional conduct by their members. We see very little negative aspect in licensing professional foresters. There does not appear to be any additional costs to the government or the public. There's a strong probability too that young people considering a course in forestry would be encouraged if it meant they would be a member of a certified body.

Industry, on the other hand, is under pressure to reduce costs with highly mechanized equipment that can very quickly do severe damage to the ecosystems in which they are working. Woodlot owners in southern Ontario must have access to foresters who are governed by the rules of their profession, who they have confidence will give them the best advice in managing their woodlots, advice that would include specifications for best conservation practices. Again, there's a book that's just been produced by FON which you would find very interesting on that subject.

WWF is a voice for the rapidly growing segment of Ontario's population who are concerned about our public lands, our forests and waterways, and who feel it is essential to have an independent licensed body which is dedicated to forestry practices that will sustain our vast forest areas and the flora and fauna situated therein for generations to come. WWF has made significant strides in developing a good working relationship between conservationists and the forest industry through joint membership of the Ontario Forest Accord Advisory Board in settling unresolved issues emanating from the Lands for Life process.

The Living Legacy trust, of which I'm a member, with representatives from forestry and the environmental community, is providing money in support of responsible intensive forestry, value-added forestry, increasing employment and fish and wildlife research. Both of these initiatives have resulted in greatly reduced confrontation in the north and increased productivity. Would we feel comfortable with unlicensed doctors or accountants? I really don't think we would. The same applies to foresters, with the responsibility and the accountability that is the basis of this bill. Thank you.

The Chair: We have two minutes per caucus for questioning. This time we'll start with Mr Hampton.

Mr Hampton: Do you agree with me that there is much more to forestry than simply industrial forestry, simply the harvesting of trees for industrial purposes?

Mr McCutcheon: Yes, I do.

Mr Hampton: Would you agree with me that the forest is also very important for environmental reasons, and, let us say, for First Nations people, it is important for cultural, historical and traditional reasons, as well as being a home?

Mr McCutcheon: Yes.

Mr Hampton: Does it trouble you that, as I read this legislation, it reads almost as if forestry were exclusively an industrial undertaking?

Mr McCutcheon: In looking at the objectives which we have, we find that sustainability is mentioned many times.

Mr Hampton: But sustainability can be defined narrowly or broadly. Let me give you an example. Right now in this province there are four protests going on by First Nations against industrial forest companies. One is in my constituency. It involves the people of Grassy Narrows who are confronting Abitibi Consolidated. Two more are happening north of Timmins where two other First Nations are confronting, odd as it may seem, Abitibi Consolidated. Their complaint is that the foresters for that company and MNR simply regard the forest as an industrial resource. They fail to take into account the cultural, traditional and other environmental aspects that affect those aboriginal people who are very much still land-based. I don't see anything in this legislation that refers to that broader scope of sustainability. Does that trouble you?

Mr McCutcheon: No, I don't think so. In speaking to the people who we have been in contact with as far as the foresters-and we're working very closely with them on the Ontario forest board-we find that as far as sustainability and what it means to them, it is very much in keeping with what our feelings are about the subject.

Mr Hampton: The scope of practice, section 3(1), "The practice of professional forestry is the provision of services in relation to the development and management of forests," doesn't say anything about conservation of forests. It doesn't say anything about the long-term sustainability of forests. It says, "the development and management." That seems to me a pretty narrow definition of what forestry is about.

Mr McCutcheon: Development today, if you're looking at sustainable development for the future, you have to take into account all of the various aspects that you've just mentioned.

Mr Hampton: If I read further, it says:

"and includes

"(a) the designing, specifying or approving of silivicultural prescriptions and treatments, including timber harvesting." That's mainly silviculture and the treatments necessary for silviculture and harvesting. Then it says:

"(b) the appraisal, evaluation and certification of forests ... " It doesn't say anything about sustainability; it doesn't say anything about the broader concept of sustainability.

"(c) the auditing of forest management practices;

"(d) the assessment of impacts from planned activities on forests and urban forests." Again it doesn't say anything about that broader concept of sustainability.

"(e) the classification, inventory and mapping of forests ...

"(f) the planning and locating of forest transportation systems ... ."

None of those things mention the word "sustainability." None of them mention the broader aspects of the forest environment. Wouldn't you find that a bit troubling?

Mr McCutcheon: Certification is something that is being promoted not only by our organization but others as well. That certainly brings into play the whole aspect of sustainability.

Mr Chudleigh: I'd bring to your attention the Crown Forest Sustainability Act, which in conjunction with this and the standards that the professional foresters association will set, will answer many of those concerns, to ensure that the forest is managed in the total aspect of the forest range as opposed to the prime use and enjoyment of a harvesting company.

I think the broadness of that is sustained by your presence here, Mr McCutcheon, and that of the Federation of Ontario Naturalists and the World Wildlife Fund, in your support for the bill. I don't think it's all that usual that foresters and these two organizations sit down together. It pleases me greatly that we've been able to come up with a piece of legislation that finds that kind of support. I appreciate very much your presence here today.

Mrs Marie Bountrogianni (Hamilton Mountain): I see this act as basically to increase the accountability of the profession, thereby the implication being increasing the probability of sustainability and so forth. Is there anything in this bill that you would like changed, amended, added or deleted?

Mr McCutcheon: I would ask for your indulgence, in that I don't have all the details. Mr Hampton is pretty right in some of the things he said that I couldn't answer as well as I would. We-both organizations-would like very much to be a part of being able to contribute to maybe defining things better as far as conservation is concerned, if that would be helpful.

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Mrs Bountrogianni: I look to the Chair.

The Chair: In what way?

Mrs Bountrogianni: I look to the Chair as far as process.

The Chair: We would certainly welcome the input. Of course the bill will then have to go through second reading debate and we'd have an opportunity to discuss it again there.

If your answer meant that there might be some amendments you wish to offer to this bill-I think you were alluding to a more broader involvement in the whole issue of sustainable forest, but I don't want to presume. Perhaps you could clarify whether you thought you might actually have some amendments to offer to this bill and the certification of foresters.

Mr McCutcheon: Talking on behalf of WWF and FON, and likely Wildlands League as well, the people there are much better informed on how they would deal with the specifics of clarifying the bill. We would certainly want to make sure that the conservation aspect of it was pretty clearly defined.

The Chair: Thank you very much for coming before us today. We appreciate your perspective.

ONTARIO PROFESSIONAL FORESTERS ASSOCIATION

The Chair: Our next presentation will be from the Ontario Professional Foresters Association, Ms Riet Verheggen.

Ms Riet Verheggen: Thank you very much, Mr Chairman, and good afternoon, ladies and gentlemen. My name is Riet Verheggen and I'm a registered professional forester. I'm here in my role as president of the Ontario Professional Foresters Association.

I believe that the question that needs to be answered today is, why do we need this new legislation, the Professional Foresters Act, which will govern the practice of the professional forester in Ontario? I believe this legislation is critical to the long-term sustainability of Ontario's forests. Ontario's forested area is equal to the land masses of Germany, Italy, Switzerland and the Netherlands combined. Yet existing legislation in Ontario does not impose academic or professional standards on anyone practising forestry. This lack of legislation and gap in accountability can lead to unsustainable forest management practices.

Ontario needs a strong self-governing professional forestry association to support government and private sector actions pertaining to sustainability, to ensure that the highest standards of practice and forest science are adhered to and to strengthen the accountability of professional foresters.

Increasing public demands on the use of the forests and its sustainability require proper application of silvicultural guidelines and implementing the highest standards of practice, using the best available science. The passage of this bill will help to ensure that the public interest is protected and that the sustainability of Ontario's forests is improved. The bill will hold professional practitioners publicly accountable for their actions and their forest prescriptions.

The role of the forester is very important to the management of Ontario's forestland. In 1994, as most know, the class environmental assessment for timber management on crown lands in Ontario decision was made. The decision included 115 legally binding terms and conditions that the Ministry of Natural Resources was directed to implement. The board in their decision recommended, throughout the decision, the strengthening of a forester's involvement in the management of Ontario's forests. Specifically, term and condition 2 and 3 direct that timber management plans be prepared in an open and consultative manner by a registered professional forester, who should be the plan author, entrenching the RPF status as plan author. In 1995, as Mr Chudleigh already mentioned, the Crown Forest Sustainability Act further entrenched the status of the RPF, enshrining in the legislation the requirement that all timber management plans be signed by RPFs.

The Professional Foresters Act will also enhance Ontario's international competitiveness by ensuring the province's continued excellence in forestry practices. The use of licensed professionals in certification and other forest management actions will increase and enhance the credibility of Ontario's forest management activities and better position the forest industry in world markets.

This legislation will also change the Ontario Professional Foresters Association from a voluntary organization to a self-regulated professional body responsible for all licensing of professional foresters in Ontario. The OPFA will only then be able to ensure that qualified professionals are practising forestry and that they meet rigid academic and professional standards.

With reference to consultation, the association has consulted extensively over the last four years. First, the OPFA carried out extensive consultation with the membership itself in 1996-97, resulting in an 81% vote in favour of licensing. The members have followed and continue to follow the progress of the association relative to this initiative and continue to support the governing counsel in its efforts to achieve the licensing initiative and objective.

In addition to this, over 90 external organizations have been contacted with respect to this licensing initiative and not one organization has come forward as being against the proposal. Key issues were identified and addressed. They include:

The bill should focus on public interest not personal gratification of the association or its members.

The bill should be sensitive to others who might be affected by the scope of practice and that there is a need for grandparenting provisions and special permits.

The bill should ensure to keep bureaucracy to a minimum.

Mr Chudleigh and Mr Ramsay both spoke to those points this afternoon.

Also, extensive consultations with provincial government ministries over the past year have resulted in additional restructuring of the bill to make it less bureaucratic and easier to administer.

Finally, a recent yet unpublished survey of Ontario landowners indicates that in excess of 80% of the respondents support the need for licensed or certified land management professionals.

The OPFA will be the association to implement the bill. As you may have noted, the most significant powers of the association include the power to license professional foresters in Ontario, to oversee adherence to professional standards of practice and the code of ethics, and to respond to complaints against members through the application of a public complaints and discipline process.

The Minister of Natural Resources, however, has significant power over the activities of the association and its regulations and can require the association to do things as the minister deems are required.

Further to Mr Hampton's question, it is important to note that the Crown Forest Sustainability Act is pre-eminent legislation and in cases of overlap the CFSA will take precedence.

Through this legislation, Ontario will reinforce its position of one as a leader internationally in our sustainable forest management practices. This legislation will ensure that silvicultural standards and guidelines are properly applied on crown lands.

Any professional forester practising in Ontario will have to become a member of the Ontario Professional Foresters Association and adhere to academic and profession standards. All non-professionals who carry out some forestry practices will be licensed through special permits.

The administration of the association will be open to public scrutiny through the appointment of members of the public to the governing council and the legislated committees of the association.

There will be increases in accountability through public complaints and discipline processes, with a provision to protect individual rights.

Private landowners will maintain the right of determining how to manage their properties and they will have the choice of engaging RPFs. Unfortunately, today there is a lack of any substantive regulatory regime of silvicultural standards on private lands. However, should the landowner engage a licensed professional forester, then both professional and silvicultural standards will be met.

Grandparenting guidelines will require that those holding special permits will be required to practise to the same high standards that are set for professional foresters.

This bill will not affect others in doing their work. It will recognize only those situations where there is a need for professional forestry experience and expertise.

In conclusion, we need this bill, the Professional Foresters Act, to help ensure the sustainability of Ontario's forests. In turn, this will help ensure the continuing social and economic benefits that are derived from the forest and the continuing health of forest communities. The credibility of Ontario's forest industry will be increased and its international competitiveness improved. Accountability to the public will be more focused, overall management costs will be reduced and forest health will be improved.

The Professional Foresters Act is a good bill. We believe that it is good public policy and we ask you to support it.

The Chair: Thank you very much. That leaves us a bit under two minutes per caucus, so time for one question, perhaps, from each caucus. This time we'll start with Mr Wettlaufer.

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Mr Wayne Wettlaufer (Kitchener Centre): Ms Verheggen, I'm an outdoorsman and one of the most hideous things that I see when I go fishing up in Mr Hampton's riding is clear-cutting. A couple of years ago I was in Germany and I was very impressed with some of the conservation that I saw over there. They go in and they clear-cut. They then open-pit mine and turn right around and plant the trees that were indigenous to that area, and they leave it for another 40 or 50 years until it can be harvested. In the interests of sustainability, do you see that this act would achieve some of that conservation?

Ms Verheggen: In terms of sustainability and conservation, the policies and guidelines are set out by the government. The guidelines for how work will be done are there because the public wants certain ways adhered to. So I see that basically this bill will ensure that the foresters adhere to the policies and guidelines of silviculture standards that are in place. If those silviculture standards are such that clear-cutting to a certain standard is allowed and the renewal efforts are set out certain ways, that's what we do in Ontario to promote the forests that are in Ontario, which are substantially different than the forests that are in Germany.

Mrs Bountrogianni: What are the academic standards, out of curiosity, for a professional forester right now? What are the expected academic standards for a forester?

Ms Verheggen: Basically you require a bachelor of science degree in forestry from a recognized university.

Mrs Bountrogianni: Do you know, as far as your registry, how many have those credentials versus those who don't who are practising forestry, roughly? Do you have any idea?

Ms Verheggen: I don't have the numbers. I know there are approximately 800 members of our association and some of them are practising, some aren't practising, and some are students, for instance. We haven't done a survey, because we don't always know who, of the people practising are not registered professional foresters. I don't have those figures.

Mrs Bountrogianni: I'm just wondering about the magnitude of the task as far as grandfathering and how long they would be under special permits, only because I belong to a similar organization, the College of Psychologists, and we went through this exercise in the last five years. It's extensive.

Ms Verheggen: I think it will be extensive now. In my view, the organization of forestry in Ontario is a pretty tight-knit group. You're basically working for the industry, working for the Ontario government or consulting. The OPFA has a pretty good list of who the consultants are. But we would have to do a lot of work to figure out exactly where everybody is and what everybody is doing.

Mrs Bountrogianni: Is there enough space in programs out there that if people want to upgrade and therefore become accredited they can do so?

Ms Verheggen: Yes, there is.

Mr Hampton: I want to go back to the scope of practice, clause 3(1)(a), "the designing, specifying or approving of silvicultural prescriptions and treatments, including timber harvesting." I think that's mainly industrial forestry, isn't it?

Ms Verheggen: Yes, developing silviculture prescriptions and timber harvesting.

Mr Hampton: I'll go down to (f), "the planning and locating of forest transportation systems, including forest roads." That's mainly industrial forestry too?

Ms Verheggen: Yes, it is.

Mr Hampton: "The classification, inventory and mapping of forests ... ." The people who are most interested in forest inventory are usually forest products companies because you want to have a sense of what harvestable timber there is, what species etc?

Ms Verheggen: I agree with you at the current time, but I think that's changing. More and more people are interested in terms of what the forest inventory is and what the values of the forest are. So I would say that it extends beyond the forest industry.

Mr Hampton: "The assessment of impacts from planned activities on forests ... ." In my experience that's mainly industrial forestry too.

Ms Verheggen: It's the impacts of the industrial forest, but in terms of the assessment of those impacts I think that is more far-reaching in terms of how that's done.

Mr Hampton: "The auditing of forest management practices." Again we're concerned mainly with industrial forestry?

Ms Verheggen: On that one, I think we're concerned with the implementation of the forest management plan that has been approved in the field by the registered professional forester. I'm not sure exactly where you're going, but the plan is signed by a registered professional forester and the plan, as you know, deals with many areas that extend beyond silvicultural prescriptions and deal with other values.

Mr Hampton: It's mainly the other values I'm concerned with. One of the things that bother me is that I've read through this entire act-I even had my green pen out because I wanted to underline it if I found it. I wanted to look for some references to forest conservation, forest preservation or forest sustainability. I don't see any reference to those things. You're right; it does refer to the Crown Forest Sustainability Act. It says that where there is a conflict, the Crown Forest Sustainability Act will prevail. But you're defining here the scope of practice, and the scope of practice, as I see it, is mainly defined in terms of industrial forestry.

Ms Verheggen: You could view it that way. As I look at it, it's been enshrined in the Crown Forest Sustainability Act, as you say, and in that act you go across biodiversity and conservation.

Mr Hampton: All those things are in the Crown Forest Sustainability Act. I don't deny that.

Ms Verheggen: It's that umbrella that the foresters act will work under.

Mr Hampton: But why is the scope of practice here defined essentially as industrial forestry? Of the items that are set down, you have:

"(a) ... silvicultural prescriptions and treatments, including timber harvesting;

"(b) ... certification of forests," meaning, I gather, certification of a forest management plan, extraction, harvesting;

"(e) the classification, inventory and mapping of forests ...

"(f) the planning and locating of forest transportation systems ... "

As I read the definition of "scope of practice," it is still very much in the language of the forest industry. In the context of the Crown Forest Sustainability Act, in the context of many of the things I think people in Ontario want to achieve and probably need to achieve if we want to continue to have a forest industry that is welcome to sell its products in the United States or in Europe, isn't this language a bit outdated?

Ms Verheggen: I think the language is there to make sure we were not being an exclusive organization and recognizing that in the management of forests you need expertise from ecologists, biologists; you need input from the public; you need-

Mr Hampton: I'm an environmentalist from the United States and I'm trying to keep Ontario forest products out of my jurisdiction. I hold up the Ontario Professional Foresters Act, 2000, and nowhere in the act does it refer to "forest conservation" in the scope of practice of a forester. Nowhere in the scope of practice of a forester does it refer to "forest sustainability" or "ecosystem sustainability." Nowhere does it refer to "forest preservation." If I'm hellfire bent to keep Ontario forest products out of my jurisdiction, I think I'd look at this and say: "This isn't about sustaining forests or conserving forests. This is strictly about industrial forestry, and that's the scope of practice of foresters in Ontario." Refute my argument.

Ms Verheggen: I would say to you that basically this piece of legislation is to guide the standards and practices of the forester in terms of silviculture and forest management. It is within the forest management plan context that you will see and read the objectives of conservation, making sure we address all the environmental concerns.

The Chair: I'm afraid we've gone well over, Mr Hampton.

Mr Hampton: Why wouldn't we put them in this bill?

Ms Verheggen: Pardon me?

The Chair: I was just saying we've gone well over.

Mr Hampton: A rhetorical question: Why wouldn't you put them in this bill?

Ms Verheggen: They could be in the bill.

Mr Hampton: Shouldn't they be in the bill?

Ms Verheggen: When we went through previous versions of the bill, as they went through consultation, the scope of practice became more defined based on the consultation we had.

Mr Hampton: More industrial?

Ms Verheggen: Is the bill now more industrial? I wouldn't call it more industrial. It's certainly more defined.

The Chair: Thank you very much for coming before us. By the way, compliments on your Web page and, in particular, your statement on the Oak Ridges moraine, at a personal level. Thank you very much for that.

Ms Verheggen: You're welcome.

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CANADIAN INSTITUTE OF FORESTRY

The Chair: Our next presentation will be from the Canadian Institute of Forestry, Mr Ferguson. Good afternoon. Welcome to the committee.

Mr Bruce Ferguson: Thank you very much. I think you've got copies of my paper that I'll present here. I'll be brief.

My name is Bruce Ferguson. I am the current president of a national non-government organization known as the Canadian Institute of Forestry / Institut du forestier du Canada. Our head office is in Ottawa. I live in Peterborough. I have been a registered professional forester in the OPFA for over 25 years and an active member of the Canadian Institute of Forestry for over 25 years as well.

Thank you for the opportunity to bring the viewpoint and support of the Canadian Institute of Forestry / Institut du forestier du Canada (CIF/IFC) members to you on this important matter of licensing professional foresters in Ontario. The CIF is a national organization of forest professional practitioners from all types of forestry careers and all across Canada. There are 23 CIF sections or chapters from the Yukon to Newfoundland and Labrador. We are 2,400 members who are foresters, technologists, technicians, ecologists, biologists, researchers, academics, all of whom are dedicated to the sustainability of Canada's most valuable and world-famous resource, our forest ecosystems. CIF members are very proud of their involvement in supporting Canada's national commitment to sustainable development and sustainable forests. We are also proud of our world-famous journal the Forestry Chronicle, which is published six times yearly. I've got a copy here that some of you no doubt have seen. Should anybody want a copy-this is the millennium issue from January-February-we'll gladly give you copies. Perhaps you could just pass it around while I talk.

The mission of the institute is fourfold: to advance the stewardship of Canada's forest resources, to provide national leadership in forestry, to promote competency among our members, and to foster a public awareness of Canadian and international forest stewardship issues. I'll come back to these objects in a minute.

Firstly, I would like to tell you that CIF is in its 92nd year as a credible, non-government and non-partisan organization. Last fall at our Banff annual conference the Prime Minister of Canada delivered a video presentation praising the CIF for its contribution to making Canada a world leader in sustainable forest management. The CIF is involved in many affairs, including as a signatory to Canada's forest accord, participating on the executive committee and others of the National Forest Strategy and implementing what we can do in the action plan to it, to mention just a few of the strategy committees that we're involved in across Canada.

I'd like to point out just one strategic direction of the National Forest Strategy, which is number 2.17, wherein all of the signatories to the national strategy would encourage the establishment of legislation where it does not exist regarding the professional practice of forestry and registration and accountability of professional foresters.

The CIF also serves as secretariat to the Canadian Federation of Professional Foresters Associations. CIF and its members continue to actively promote and support the accreditation and licensing of professional practitioners in all provinces of Canada. Not only do we advocate the licensing of professional foresters as in some of the other provinces; we also look for the certification of our forest technicians and technologists so they're all in a professional classification.

There are seven professional foresters' associations in Canada. Of the big four forestry provinces, only Ontario lacks the level of legislation to regulate the practice of foresters and forestry. Ontario has a bountiful forest, reasonably well managed and yet full of challenges to resolve over the coming years to truly have a sustainable forest. A forest must meet the needs of many future generations, not only their socio-economic requirements but, most importantly, for the health and beauty of the planet.

Canadians repeatedly in polls and surveys put the environment high in their expectations. As forest stewards we must perform our duties and responsibilities with the highest standard of professional knowledge. Forestry too often is seen as just a science-based practice. What often goes unseen is the dedication of all forest practitioners towards preserving forest ecosystems for all life forms and the intrinsic values people place upon the forest. This is also true for those who have never even walked in Canada's majestic forests.

There was a recent survey conducted in April-May 2000 by Environics-the one that Ms Verheggen spoke to-in which 50% of the interviewees were contacted in Ontario. The interviews were with rural landowners and questioned them on their land and forest stewardship. Environics noted this survey had the highest first-call response rate of any they had ever conducted and people were very willing to talk about their views on stewardship. Of worthwhile note was the very high endorsement that they believed forestry professionals should be certified or licensed to practise: a full 82% supported this.

The CIF has long advocated and promoted organizations of forest practitioners to pursue "licence to practise" and mandatory continuous learning. The bill in Ontario will do just that and raise the public's impression of how well our forests are being managed by knowing that professional forest stewards in the province are committed and self-regulated by law.

As you can tell, I am hitting upon the four primary objects of the CIF/IFC. I have had the good fortune of travelling throughout Canada, especially in my home province of Ontario, and I have always come home with the profound feeling of how every forest practitioner I've met has had a great enthusiasm and love of forestry. The public should know and see this and be proud that we are responsible and caring managers devoted to the best available science in our pursuit of the best practices and sustainability.

In Canada and worldwide there is a rapidly growing recognition that sustainable forests are paramount and an assurance must be given to society. Independent forest certification organizations are certifying forests around the world, including in Canada and Ontario. To ensure the credibility of these certification schemes requires that the public must know that competent and regulated forest professionals are doing their job to the best of their ability. How will Ontario and Canada benefit? By continuing to raise the benchmark of forest sustainability and by continuing to market Ontario's forest products worldwide with a consumer assurance that they are purchasing products from certified sustainable forests managed by professionals with the highest standards.

Accountability is linked to our mandate, our code of ethics and the mandates and codes of all professional organization bodies. Licensing will help ensure that a professional who meets the academic and professional standards of the association is practising proper management. The professional organization has the responsibility to ensure that its members are meeting the high standards and practising according to the rules and regulations laid out.

In summary, the CIF/IFC fully supports the adoption of the Professional Foresters Act, 2000, in Ontario and can say without reservation that it is of national concern that Ontario continues to stay on the leading edge of forestry. Crucial to this is the licensing of professional foresters. These dedicated men and women are ready to assume the responsibilities of a regulated practice in the public interest of managing towards sustainability of Ontario's forests.

Thank you for this generous opportunity to speak in support of the bill.

The Chair: Thank you very much. That leaves us a bit over a minute, a minute and a half per caucus, so time for one quick question each. This time in the rotation we will be starting with the Liberals.

Mrs Bountrogianni: Mine will be very quick. Thank you for coming and supporting this bill. I apologize for my lack of knowledge of forestry. Are other provinces regulated the way this bill outlines for Ontario or is Ontario the first?

Mr Ferguson: No, we would be the fourth. Quebec and British Columbia have had it for many years, and recently Alberta. So of the big four I was referring to, Ontario being up there, we're the only one of those that are not. There are other professional forester associations in Canada with the same sort of right to title, and there are two or three of the small provinces that do not have any, like Manitoba and Saskatchewan, for example. The numbers are few, but they're working on it.

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Mr Hampton: I'll get on my soapbox again. I heard you in your comments mention forest sustainability several times. In the scope of practice it says, for example, "the assessment of impacts from planned activities ... ," ie, logging. It says, "the appraisal, evaluation and certification of forests ... ." I think that means certification of the forest management plan, ie, logging. You want this to stand up, right? Shouldn't there be something in here about the assessment of forest sustainability, assessment of forest conservation, assessment of ecosystem sustainability?

I understand what the Crown Forest Sustainability Act says. The language here says to me that this is 80% about industrial harvesting, and I'm not sure that's where foresters want to be as we enter the new millennium. I don't think you want your scope of practice defined that way as we enter the new millennium.

You used the words "forest sustainability" a lot, you used the words "forest ecosystem," but it's not in your scope of practice. Doesn't that bother you?

Mr Ferguson: What I would like to see is a broader objective of what our forest practices are about. I would concur that I would like to see some improved wording in that regard.

I don't think this in particular does limit it to just industrial forestry, in my mind. I never read it in that context at all.

Mr Hampton: I'm taking it as somebody who says: "I'm a California environmentalist. I want to keep those damned Canadian forest products out of my state." So I go to the Ontario Professional Foresters Act, 2000, and I read the scope of practice and there's not one mention in the scope of practice of forest sustainability, forest conservation or anything about protecting the ecosystem. I say: "These people up there are not worried about forest sustainability. They're not worried about forest conservation. This is 90% extraction." Refute my argument.

Mr Ferguson: I would just comment further as to what Ms Verheggen mentioned. We have to operate within the acts, regulations, policies and procedures of the provinces and, as such, if we are doing our job as a forester in preparing and writing the prescriptions in any kind of plan, whether it's a 10-acre wood lot or a million-acre crown licence, we would do so in concert with the assistance and advice of many other types of professionals we would need. No one has the gain on all of this.

Mr Hampton: Wouldn't you want that defined in your scope of practice?

Mr Ferguson: That we would work with many other professionals?

Mr Hampton: No, those general things: forest sustainability, forest conservation.

Mr Ferguson: Those would be my words. Yes, I would.

Mr Hampton: I'll get off my soapbox now.

Mr Ferguson: We're in the new millennium. I would like to see the same.

Mrs Julia Munro (York North): Thank you very much, Mr Ferguson, for coming here. I want to ask you a question with regard to the note you made on page 3 about the Environics survey and actually tie that in with a comment in Ms Verheggen's presentation which talked about private landowners. The reason I'd like to tie those two together is to ask you, with regard to those two pieces of information, what you see as potentially your responsibility under this act with regard to public education. When I say "public education," I'm really talking about private landowners. Do you see a role for you under the umbrella of this piece of legislation?

Mr Ferguson: The other professional forester organizations in Canada, like in British Columbia, for instance, have a public awareness and public education component to the organization. There is never enough of that. In concert with other organizations such as ourselves, the Canadian Institute of Forestry, the Ontario Forestry Association, the Canadian Forestry Association and so forth, we're developing bigger and better plans to get that communication out there. I think the OPFA will have that as well.

Mrs Munro: In other words, you would see that this legislation would provide you with an avenue to bring through the issues of conservation and sustainability?

Mr Ferguson: Most definitely.

The Chair: Thank you very much for coming before us. We appreciate your bringing the national perspective to these hearings.

ONTARIO FORESTRY ASSOCIATION

The Chair: Our next presentation will be the Ontario Forestry Association, Erik Turk. Good afternoon, Mr Turk, and welcome to the committee.

Mr Erik Turk: Mr Chair and members of the standing committee on general government, thank you very much for inviting me here today and giving me the opportunity to address the committee on what I think is a really important piece of legislation for the people and the forests of Ontario. I am a registered professional forester, and I serve the Ontario Forestry Association as their executive director. I speak to you today on behalf of our board of directors and the membership of our association.

The Ontario Forestry Association supports this bill. We support a bill which will provide the profession of forestry with the power to license registered professional foresters in Ontario and will promote high standards of sustainable forest management.

The Ontario Forestry Association is a non-profit association with over 1,000 members across Ontario. Our mandate is to raise awareness and understanding of all aspects of Ontario's forests and to develop a commitment to stewardship of forest ecosystems. We promote the need for a balanced perspective on forest issues. We are the association for people in Ontario who like trees, whether you're a cutter or a keeper.

Our association has two main program areas. We have education programs that focus on young people in Ontario. We coordinate the delivery of balanced forestry and environmental education programs for elementary and high school students across the province.

Second, we are involved in landowner programs for woodlots and woodlands. We provide information for forest landowners, primarily in southern Ontario, but also across the province. We represent these private forest landowners in support of licensing of professional foresters.

Our association continues to be involved in assisting landowners to manage their private woodlots in a sustainable manner through providing educational materials and also administrating forest management programs. Our number one forest management program is the managed forest tax incentive program, otherwise known as MFTIP, which is administered by the Ontario Forestry Association and the Ontario Woodlot Association on behalf of the Ministry of Natural Resources. MFTIP is a voluntary program that provides lower property taxes to participating landowners who agree to conserve and manage their forests through preparation of a forest management plan.

Professional foresters are involved in the preparation of these plans for landowners, for MFTIP and for other purposes. Professional foresters are also involved in the provision of a wide variety of consulting services on both private and public lands.

In carrying out these activities, landowners need to be aware of the sustainability aspects of the activities taking place in their woodlots, and professional foresters need to understand their obligations for the promotion of the highest standards of sustainable forest management. Landowners must be aware of this obligation and understand that they have recourse in the event that the highest professional standards are not maintained. Accountability must be established and enforced. Professional accountability will increase value for our members who use forestry services provided by foresters.

In Ontario, anyone can describe himself or herself as a forestry consultant. They are in business as individuals or as staff of companies and agencies and may not be held subject to professional standards. It is critically important that standards be set and that landowners understand there is an independent professional body with the power to license professionals and monitor performance. The Ontario Forestry Association does not suggest that all forestry consultants be licensed. We do subscribe, however, to the concept of a registered professional body to license professional foresters and to hold them accountable for their work.

A large majority of landowners are concerned about their forest properties. All have a sense of responsibility and pride of ownership. Landowners want to do the right thing. Our recent experience with MFTIP indicates that landowners take great pride in developing quality forest management plans and working with qualified consultants. In surveys conducted with participants in the program, many have said that the knowledge they gained about their forests from working with foresters was very valuable both economically and environmentally.

Will licensing make a difference? We believe it will. Foresters involved in private land forestry will promote and implement high standards of sustainable forest management. This action alone will make a difference on private lands when foresters are directly involved. The development of these standards will also set the bar for others involved in this type of work. In addition, landowners will have recourse in the event of poor workmanship and sloppy practices. The Ontario Professional Foresters Association will then be positioned to inspect work relative to standards and determine if sanctions are required. The accountabilities will be clear, as foresters will be required to adhere to professional standards set and administered by an independent licensing body.

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Our recommendations: We feel that professional foresters should be licensed in Ontario. We support the bill. We feel it's good policy and will be good for Ontario, for the public forests, for the private forests and for landowners. We urge that this committee support the bill and have foresters licensed in Ontario.

The Chair: Thank you very much. That leaves us with about two minutes per caucus. Mr Hampton, we'll start the questions with you this time.

Mr Hampton: I am troubled by the fact that the scope of practice of foresters, as proposed, would not include the assessment of forest sustainability, the assessment of forest conservation strategies and the assessment of forest preservation strategies. Are those within the scope of practice of a forester?

Mr Turk: I feel they are, and the elements you mentioned in the current scope of practice, as it is to decide, all contribute to the determination of sustainability and conservation. So all of those, the elements of the scope of practice, really add up to me to mean the words "sustainability" and "conservation."

Mr Hampton: As I understand the importance of the term "scope of practice" in this legislation, you can be held accountable for those things included in your scope of practice. Is that right?

Mr Turk: That's my understanding.

Mr Hampton: You could not be held accountable for those things that are outside your scope of practice.

Mr Turk: I'll agree with you there.

Mr Hampton: I gather registered professional foresters in Ontario, as this act reads-it's debatable whether they could be held accountable for forest sustainability, because it's not mentioned. It could be an argument for debate.

Mr Turk: I think the applicability of sustainability also depends on the desires of the landowner, and, in this case, on crown lands in Ontario, that would include the people of Ontario, who help determine what sustainability is.

Mr Hampton: But my point to you is, if it isn't in the act it then becomes a matter for debate. I could say, "I think you should be held accountable for something called forest sustainability or forest conservation," and your lawyers could say, "Well, it's not in the act, and we don't think they should be held accountable." So it becomes a debatable point, whether it's included, to what extent it's included and what falls under that rubric.

Mr Turk: That's the real value of the word "sustainability." It requires the input of public. The professionals must definitely advise on it, but it also involves the input of public desires and public needs.

Mr Hampton: The Crown Forest Sustainability Act defines forest sustainability, right? It has the indicia of forest sustainability. Yet, as I read this bill, it's not within your scope of practice or, being charitable, it's debatable whether it's within your scope of practice. It's in the title, the Crown Forest Sustainability Act, and the definition section spends a lot of time defining it, yet it's not within your scope of practice.

Mr Turk: If the Crown Forest Sustainability Act is the expression of the people of Ontario's desire to have a sustainable forest, that's the document that defines sustainability, as it does.

The Chair: We've gone well over. Mr Ouellette.

Mr Jerry J. Ouellette (Oshawa): Thanks for your presentation. To follow up on the scope of practice and that area, being a former-or, well, somewhat still; I just had I don't know how many thousand cubits delivered. I haven't had a chance to look at it yet, but being a cutter/skidder operator I know a bit about the forests and some of the practices. My area of concern would be with regard to natural progression. The forestry industry appears to be based on what's going to be the fastest producer. Normal progression in a forest gives us a coniferous forest, which then leads to a soft deciduous and then to a hard deciduous. Is your practice promoting those habits? Because, what I see a lot of in the forest industry is, "What's going to give us the best economic value?" I have some concerns about that.

Mr Turk: I think that professional foresters would be the best people to consult with about what the proper progression of the forests are. I think that foresters would include both biological and environmental aspects and keep those in mind, in addition to including economic considerations.

Mr Ouellette: As well, the wise use of a forest is so critical to a community as a whole. I know that, and I've been told, although I haven't seen it, that there are quite a few sticks of number one cherry essentially going to be assigned for firewood, as opposed to being used for what it should be, as veneer logs or proper saw logs. In those practices, do you have anything that would promote the wise use of the forest?

Mr Turk: I think it would be foresters' responsibility to ensure that in cases where landowners have made decisions to harvest forests, as they may make decisions to maintain it for conservation, that they do get the best end use if there is harvesting involved.

Mr Ouellette: I know in the region of Durham there is a cutting bylaw which essentially says that you have to have a licensed individual come in and survey the land prior to any cuts on private land being allowed. Essentially, what that requires on a 10-acre plot is three to five one-acre plots, and you have to categorize and list the size of the trees etc. Should this legislation proceed, are these requirements something that you envision would pass throughout the province?

Mr Turk: I think that would not be a result of this legislation. I think the forests of Ontario are very diverse across the province and that different municipalities can manage those forests differently.

Mr Ouellette: One of the problems in the region of Durham is that-OK, Mr Chair-there are no bylaw officers who are trained in any way, shape or form and have no idea of how to enforce an act like that. Thank you, Mr Chair.

Mrs Bountrogianni: I apologize for missing your oral presentation, but I did read your brief and consulted with my colleague. He basically wanted to relay to you, and I agree, that we thank you for your input. We believe, as you state on page 3, that foresters involved in private land forestry, even though they don't have to, will eventually increase the standards, as well as have recourse, if their own processes aren't sufficient, to go to a certified forester. So basically, on behalf of both of us, thank you for being here.

The Chair: Thank you very much for taking the time to come before us here today.

GRANT FOREST PRODUCTS INC

The Chair: Our next presentation, Grant Forest Products, Inc, Faye Johnson. Good afternoon, welcome to the committee.

Ms Faye Johnson: Good afternoon.

The Chair: Perhaps the clerk can assist you with that.

Ms Johnson: Just a bit of a backdrop for my presentation.

Good afternoon, ladies and gentlemen. Thank you for giving me this opportunity to address the standing committee. My name is Faye Johnson and I also am a registered professional forester. I have been a registered professional forester since 1985.

By way of a brief introduction, I graduated from Lakehead University in 1982. I worked for the Ministry of Natural Resources from 1979 as a student, starting out as a tree planter in northern Ontario, and worked with the MNR until 1996. In 1996, I moved to Grant Forest Products in Englehart, where I work today as a woodlands manager. I guess you could say that I am an industrial forester.

I'm here to represent Grant Forest Products. I want to tell you a bit about our company. It's a northern Ontario, privately owned company. We're the fifth-largest producer of oriented strand board in North America and we own two mills, in Timmins and Englehart, where we utilize two million cubic metres of trembling aspen on an annual basis. As a matter of fact, our Englehart facility is the largest OSB facility in the world. To put that into perspective, it's a little less than 10% of the province's annual allowable harvest. Of the oriented strand board that we make, about 95% is exported to the United States. We employ about 1,200 people, directly and indirectly, most of them in northern Ontario.

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This overhead shows you graphically where we get our wood supply from. As I've said, we utilize only trembling aspen at the moment. The dots represent the volume of wood, the biggest dot being where we get the most volume, and the littlest dot being where we get the least volume. You can see that our woodshed ranges from Pembroke in the south to Big Pic, which is close to Geraldton, in the northwest.

I and Grant Forest Products support the licensing initiative because it increases accountability for forest management practices to help ensure the continuing sustainability of Ontario's forests. For me, that means that when I hire a forester, I'm hiring someone who is confident in acting to a prescribed level of conduct. Also, because we do not have a sustainable forest licence in our name alone, it is important to me that foresters working for sustainable licence holders are managing the land base in my interests and are also working within a prescribed set of standards.

Secondly, I believe that licensing will increase the level of accountability for foresters, thereby increasing the level of credibility. These two factors should work together to decrease the number of confrontations on land use within the province. This will make the implementation of forest management plans more effective and more efficient. This will also lessen the risk to local communities, especially in the north, that are dependent on the stability of jobs over the long term.

Thirdly, the employment of licensed foresters should increase credibility in the development and implementation of certification standards and systems that are developed on a national and international level. As I mentioned, our markets are almost 95% American. That would be in the neighbourhood of US$250 million annually in sales. It is important to Grant Forest Products that Ontario and its forest industry be seen as credible at an international level.

Lastly, I would like to say that I feel this bill complements at least two pieces of legislation: the Crown Forest Sustainability Act and the Environmental Assessment Act. This bill reinforces both the provincial and national objectives of forest sustainability, which in my view is in the public interest.

When you think about it, the first professional foresters act was legislated in 1957. That was more than 40 years ago and before I was born. Sometime before that, we legislated the Crown Timber Act. Since then, we've changed our management practices many times. Even in my lifetime as a forester we've changed them many times, all the while evolving when better science and better information was made available and warranted change.

The Environmental Assessment Act of the 1980s really helped to move forest management into the public eye. That was a positive move. The CFSA also legislates requirements for public involvement. I think that the licensing of foresters is a logical step in that evolution.

The public will continue to become more interested in its forests. I believe that at some time in the not-so-distant future, they will demand that foresters are licensed. They will demand a higher level of credibility and accountability. If we become licensed now, we will be in a position to evolve and grow with the requirements of today's society and the requirements that they will place on foresters and forest management at the local and global levels.

Grant Forest Products supports this bill. We believe it's good for Ontario, its forests and the forest industry. We urge that this committee support it as well.

The Chair: That leaves us with, I think, more than enough time for questions, maybe three minutes per caucus, starting with Mr Ouellette.

Mr Ouellette: Thank you for your presentation.

In regard to the scope of practice, I see that the forestry industry is changing significantly. I can recall being in Foleyet and seeing rooms this size with aspen going to waste. I asked the cutters why and the response was, "We don't have market for it."

Now, I know that in Gowganda they have a mill that produces the large. It goes down to three inches at the butt, which is what they require for, I think it is, finger-joining. The same in Hearst, whereby the changes that are taking place there now have the cedar mills that are promoting cedar shingles and other areas. I hope that there's a lot more promotion of the wise use of our forests by the industry.

The one thing that I would recommend and say to most of the presenters is that right now I know that there are I don't know how many cubits of black cherry rotting in Sault Ste Marie. I just mentioned the aspen in Foleyet. When I talk to the other companies there is a real void in the industry in the communication method, so that all the participants know where the market and the buyers and the sellers are. A promotion of that, I think, would be one way that we can promote wise use of the forest. Do the foresters actively promote or work in those areas to ensure that those sort of things still happen in the future?

Ms Johnson: Do you mean on a community-by-community level?

Mr Ouellette: Right now I know that in order for them to get the fibre they needed in Sault Ste Marie, they had to buy black cherry. He has no market for that; he doesn't use it. It's sitting in the yard rotting. Right now there are probably all sorts of individuals within the forestry community looking for that product.

Ms Johnson: As you can see from the map, we've pretty well used the majority of the aspen in northeastern Ontario, and it only makes sense, especially in the management units where we do not utilize the aspen fully, that we work with the other companies that are harvesting conifer to harvest stands, take the aspen out and deliver that aspen to us. Then the lower priority becomes the stands of pure aspen that we keep for future use.

Mr Ouellette: What happens with the non-utilized product on your licence?

Ms Johnson: There are very few units where there is a non-utilized product. In the Hearst area, perhaps Kapuskasing, we run into that. We try very hard to ensure that the non-utilized product stays standing.

Mr Ouellette: So mostly it's trembling aspen you mentioned, but what about birch or any of the other products that are still in those areas that you've been assigned?

Ms Johnson: They remain standing.

Mr Ouellette: So you don't have other methods? Because I know birch is in large demand. The price of birch right now is rather high. There are companies out there actively seeking-as a matter of fact, I know someone who is looking for 6,000 board feet of white pine, so if anybody knows of any, talk to me after I leave.

So they're not being utilized, then? You just said the birch on your licence is not being utilized.

Ms Johnson: Presently, birch in some of our areas in the northwestern part of our woodshed is not being utilized, and it is left standing. We may have the opportunity in the future at Grant Forest Products to utilize birch, and at that time it will all go to our two mills.

The Chair: Thank you, Mr Ouellette. Mr Chudleigh, you had a quick question?

Mr Chudleigh: Just a quick one. If you were asked by a European environmentalist to substantiate that this wood came from a sustainable forest that was managed in a conservation-conscious manner, could you do that?

Ms Johnson: Sorry?

Mr Chudleigh: Could you confirm to that European company, to their specs-will this act help you do that?

Ms Johnson: This act will help us do that. As I said, it complements other legislation that we have in place. I'm thinking in particular of the Crown Forest Sustainability Act. As I've said, we receive our wood from areas that are held by other sustainable licence holders, such as Tembec, and they have moved towards certification. That's something that we are also looking at very closely right now. In a lot of those areas, I could say that the wood comes from a certified forest also.

Mrs Bountrogianni: Thank you for your presentation. I'll ask you a question that really refers back to what Mr Hampton asked earlier. I find his statement a lot less disagreeable now, as I'm learning throughout this afternoon.

In my association, for example, in the College of Psychologists of Ontario, it's right in our code of ethics and our standards and procedures that there are certain environments that, if it's detrimental to our clients, we have to refuse, even if we lose our job or whatever. We have to refuse those conditions. In other words, we have to go to bat for our client. In my college, there is very little protection for us by our association. We're sort of expected to do this but left on our own legally. Given that analogy to this bill, from your experience as a forester, are there any protections-getting back to what Mr Hampton asked earlier-for someone who says, "I can't do my job well here in a public forest because of the cuts in resources," or whatever? How would you comment on that? I confess I didn't quite comprehend the initial discussion-

Ms Johnson: I think George spoke to it briefly, but the way I would deal with it is much the same way he would deal with it. First you have to ensure, as a forester, that what you want to stand up for is actually defendable. You have to ensure that-although we practise to a standard, perhaps we are being too idealistic. I think that's where our professional body can help us and determine if we are being too idealistic or being realistic. If, after that discussion, it's decided that it is a realistic problem, then I believe that with the bill as it reads there would be protection from the association in terms of not being able to be fired, if that's what you mean, by your employer.

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My employer, Peter Grant, is an engineer. He supports this bill. They have the same kind of protection with the engineers. As a matter of fact, Peter Grant will not hire a forester unless they are a registered professional forester. He really believes there should be a high standard, and in supporting this bill I think he believes the standard should be even higher. As a result, I don't think I have to worry about being reprimanded by him, because he's a very professional person. I'd like to say that about a lot of the companies.

Mrs Bountrogianni: That was my next question: How representative would Peter be?

Ms Johnson: I've worked for both the Ministry of Natural Resources and the forest industry. When I made the decision to move to the forest industry as a professional-because I really believe I became a forester because I'm an environmentalist and I want to manage the forest in a sustainable manner and I'm very interested in forest conservation. I believe you can do that with harvesting. I believe that I am an environmentalist. When I decided to take the job with the forest industry, as a professional I was concerned that perhaps I would have to change my standards. I was very happy after a few years to realize that, no, the industry standards in my view are at least as high as the standards of the government.

The Chair: Thank you very much, Ms Johnson. I appreciate you, taking the time to come before us here this afternoon, and particularly for adding a little colour to our surroundings.

With that, colleagues, we are now at the stage of committee consideration of the draft text of the proposed legislation. I'm going to call for any comments, questions or amendments to the draft section. Mr Hampton apologizes. He had to leave for another engagement. I think it's safe to say-and I did have an opportunity to speak to him briefly-that his one concern is the definition under "scope of practice." I think we might have an opportunity to ask the House leaders for rapid consideration of second and third reading if we can digest what we've heard here this afternoon and perhaps make appropriate amendments.

Mr Chudleigh: If it's appropriate-and I understand this is not an extremely formal process-I might suggest that under section 3(1), in the second line-perhaps I could read the whole thing:

"The practice of professional forestry is the provision of services in relation to the development, management, conservation, and sustainability"-adding those two words-"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,"

That way the conservation and sustainability is in the preamble to the scope of practice before it gets into the identification and is therefore assumed, I would expect, to be part and parcel of (a) to (f) in the consideration of the duties of a professional forester.

I don't know if it's appropriate or not. We might get some comment from our assembled guests on that as well.

The Chair: That might be something we could do. First I'll ask Mrs Bountrogianni if she is amenable with that proposed change. It's not normally done that we would invite witnesses back a second time for a show of hands-

Mr Chudleigh: We have a lot of knowledge in the audience here. It would be a shame to waste it.

The Chair: I don't see any shaking heads back in the audience there to adding those two words to the definition. I think it would probably capture Mr Hampton's concerns. I obviously can't speak for him, but that seemed to be the gist of his question. Perhaps, either from legislative counsel or from you, Mr Chudleigh, I wonder if, in looking at the bylaw powers on page 31, sections 18 and 19, that would then resolve any other lingering concerns Mr Hampton or others might have. It tells me there that the body can define the standards, qualifications etc pertaining to the membership. They could certainly flesh out further definition of those two categories. I don't know if you wish to comment on whether that's a correct assumption or not?

Mr Chudleigh: It would appear so.

The Chair: Do we have agreement to make that change to the draft bill?

Mr Chudleigh: Can we make that a motion?

The Chair: If you wish.

Mr Chudleigh: Fine.

The Chair: Mr Flagal, have you been able to digest that?

Mr James Flagal: I think I have. If I understand it correctly, on the second line it would read, "the development, management, conservation, and sustainability of forests and urban forests"?

The Chair: Correct.

Mr Flagal: OK, and I would also point out that the bylaw powers in section 53(1)-

Mr Chudleigh: Page?

Mr Flagal: Page 33. That would also be another ability for the council to speak to those types of standards, that allow them to prescribe governing standards of practice for the practice of professional forestry, where they could flesh out those things.

Mr Chudleigh: I just got the sense that perhaps Mr Hampton would like to see it in the scope of practice, as opposed to in the governing standards of practice that would be implemented by the association. This would make it part of the act. The others would make it as part of their operating standards. I think it would be stronger placed in the scope of practice.

Mr Flagal: It's not a change. It's another example of where they can flesh out those particular principles.

The Chair: Are there any other comments or proposed amendments to the bill? Ms Munro?

Forgive me, Ms Munro, since Mr Chudleigh made that as a motion, I should see if there are any further comments about the amendment. Seeing none, I'll put the question.

All those in favour of Mr Chudleigh's motion? Carried.

Having gone through that formality, Ms Munro?

Mrs Munro: It becomes redundant. I was trying to jump in there before you called the question, as part of the discussion.

The Chair: Uh-oh. We can amend an amendment.

Mrs Munro: No, I just wanted to comment on the logic that is inherent if you look at development, management, conservation and sustainability. They together, obviously, complement each other. I think one could make the argument that the only way you have development and management is in fact if you have conservation and sustainability.

The Chair: Any further comments on sections 1 through 69 of the act?

Shall the committee adopt the text of the draft bill, as amended?

All those in favour? Opposed, if any? The text is adopted.

As was mentioned earlier, my name will appear automatically as a sponsor of the bill, but there is an opportunity for all the permanent members of our committee to have their names added as well. I wondered if, by a show of hands, anyone else wishes to have their name appear as a co-sponsor?

What I will do, over and above the four members who are here, is have the clerk contact directly the other members of the committee and offer them the same opportunity.

Clerk, all four members present indicated that.

I'm going to ask, in light of the fact that this is the last week the Legislature is sitting and the very positive response we got from witnesses of all stripes today, whether the committee would see favourably to my, after tabling the bill, requesting immediate second and third reading and approval of this bill. Would that be something-

Mrs Bountrogianni: Have you talked to Mr Ramsay? Would he be OK with that?

Mr Chudleigh: I understand he would be, but I can't speak for him. I didn't speak to him specifically about that issue.

Mrs Bountrogianni: I know that he's fully supportive of the bill. He had no questions. He was fully supportive.

The Chair: Perhaps what I can do, if there's no opposition from the members present, is seek similar approval from the other members of the committee. If they so choose, I think we could prevail on our respective House leaders to look favourably on unanimous consent to that.

With that, that concludes our consideration of this act. Thanks to all the witnesses and thanks to the members of the committee.

The committee stands recessed to the call of the Chair.

The committee adjourned at 1729.