BYLAW 13 ‎–‎ PUBLIC DISCLOSURE

Published: February 2021

Administration of Freedom of Information and Protection of Privacy Act

13-1 (1) The executive director is the “head” of ABCFP for the purposes of the Freedom of ‎Information and Protection of Privacy Act.‎
(2) The executive director may authorize the registrar, a deputy registrar, or another officer, ‎employee, contractor or agent of ABCFP to exercise any power or perform any ‎duty of the executive director under the Freedom of Information and Protection of ‎Privacy Act.‎
(3) Subject to section 75 of the Freedom of Information and Protection of Privacy Act, an ‎applicant who requests access to an ABCFP record under section 5 of the ‎Freedom of Information and Protection of Privacy Act must pay the applicable ‎fees set out in the “Schedule of Maximum Fees” established in the Freedom of ‎Information and Protection of Privacy Regulation, B.C. Reg. 155/2012. ‎

Online register 

13-2 (1) Subject to subsection (5), for the purpose of section 31(3)(f) of the Act, the registrar must include the following additional information in the register maintained on ABCFP’s website under section 31(3) of the Act for every person granted registration under Act:

(a) the registration number issued to the person by ABCFP;
(b) the date on which the person was first granted registration with ABCFP;
(c) the person’s municipality of residence;
(d) the person’s business address and business telephone number, if applicable;
(e) the person’s employer, if applicable;
(f) the person’s declared practice area or areas;
(g) if the person holds certification in a technical occupation under Bylaw 6 (Technical Occupations, Certification Schemes and Limited Licences), the technical occupation in which the person holds certification;
(h) if the person holds certification for a certified practice under Bylaw 6 ‎‎(Technical Occupations, Certification Schemes and Limited Licences), the ‎certified practice for which the person holds certification;‎

(i) if the person is a trainee, the education program in which the person is enrolled under Bylaw 7 (Trainees).

(2) A registrant must deliver to the registrar, on request, 

(a) the information required to be maintained in the register under subsection (1)(c) to (f), and 
(b) a current e-mail address for the purpose of receiving communications from ABCFP.

(3) A registrant must immediately notify the registrar of any change of name, or any change in information described in subsection (2), and the registrar must update any applicable information recorded in the register to reflect that change.
(4) Unless otherwise provided in the Act, the regulations or the bylaws, information recorded in the register under section 31(3) of the Act must be maintained for at least 10 calendar years after the calendar year in which the person ceases to be registered with ABCFP, including a person who is deceased.
(5) The registrar may withhold publication on the website of a person’s information described in subsection (1)(c), (d) or (e) if the registrar reasonably believes that disclosure of that information could threaten the safety of that person or another individual.

Historical members

13-3 (1) In this section, “recent historical member” means an individual who

(a) was a member of ABCFP under the former Act before the transition date, and 
(b) ceased to be a member of ABCFP on or after February 5, 2014 and before the transition date.

(2) Subject to subsection (4), the registrar must, for every recent historical member, make publicly available on ABCFP’s website the information described in section 1.6(2) of the General Regulation and, if available, the following additional information:

(a) the registration number issued to the recent historical member by ABCFP;
(b) the date on which the recent historical member was first admitted as a member of ABCFP;
(c) the recent historical member’s municipality of residence;
(d) the recent historical member’s business address and business telephone number, if applicable;
(e) the recent historical member’s declared practice area or areas;
(f) if the recent historical member held a certificate of accreditation under the former Act, the designation for which the recent historical member was granted that certificate.

(3) Unless otherwise provided in the Act, the regulations or the bylaws, information made publicly available on ABCFP’s website under subsection (2) must be maintained for at least 10 calendar years after the calendar year in which the recent historical member ceased to be a member of ABCFP.
(4) The registrar may withhold publication on the website of a recent historical member’s information described in subsection (2)(c) or (d) if the registrar reasonably believes that disclosure of that information could threaten the safety of the recent historical member or another individual.

Disclosure of complaints and investigations

13-4 (1) This section applies to information and records that form part of 

(a) the review or investigation of a complaint under section 65 of the Act or a report or other concern investigated under Bylaw 12  (Complaints, Investigation and Discipline), or
(b) the review of a registrant or applicant’s indictable offence conviction under Bylaw 14 (Indictable Offences).

(2) The registrar may do any of the following in respect of information or a record to which this section applies:

(a) disclose the information or record to any person or body or to the public with the consent of 

(i) the respondent, or 
(ii) the registrant or applicant who was convicted of an indictable offence;

(b) disclose the information or record to

(i) another regulatory body under the Act, or
(ii) any other body, in British Columbia, another province or a foreign jurisdiction, that regulates the practice of professional forestry or another profession or occupation in British Columbia or that other province or foreign jurisdiction;

(c) if the complaint, report, concern or conviction has become known to the public, disclose to any person or the public

(i) the existence of ABCFP’s review or investigation,
(ii) a brief, summary description of the nature of the complaint, report, concern or conviction,
(iii) the status of ABCFP’s review or investigation, including, if it is closed, the general basis on which it was closed, and
(iv) any additional information necessary to correct material inaccuracies in information that has become known to the public.

(3) Without limiting section 109(1)(b)(ii) of the Act, if the investigation committee or the council, as the case may be, believes reasonably that information or a record to which this section applies might be evidence of an offence under the laws of any jurisdiction, the investigation committee or the council may direct the registrar to disclose the information or record to an appropriate law enforcement agency. 
(4) The registrar’s disclosure of information or a record in accordance with a direction of the investigation committee or the council under subsection (3) is authorized as being in the public interest.

Public notification of extraordinary actions

13-5 (1) Subject to subsection (2), if an order is made against a respondent under section 67(1) of the Act, the registrar must publish a notice of extraordinary action on ABCFP’s website, which must include

(a) the name of the respondent and their category or subcategory of registration, 
(b) the date of the order, and
(c) a copy of the order, including the reasons for the order under section 67(2)(b) of the Act.

(2) If it is not contrary to the public interest to do so, the council or the hearing panel, as the case may be, may direct that a notice published under subsection (1) include a summary of the terms of the order and the reasons for the order, instead of reproducing the order in its entirety. 

Public notification of reprimand or remedial action by consent

13-6 (1) Subject to subsection (2), if a respondent agrees to give a consent or undertakings under section 72(1) of the Act, the registrar must publish a notice of the respondent’s agreement on ABCFP’s website, which must include

(a) the name of the respondent and their category or subcategory of registration, 
(b) the date of the agreement, and
(c) a summary of the consent or undertakings given by the respondent. 

(2) The registrar must withhold the respondent’s name or other identifiable personal information from a notice published under subsection (1) if

(a) the respondent’s agreement does not impose any limitations or conditions on the respondent’s practice of professional forestry, and 
(b) the investigation committee directs that it is in the public interest to obtain the respondent’s agreement to the consent or undertakings without requiring public disclosure of the respondent’s name or other identifiable personal information.

 Public notification of consent orders

13-7 (1) Subject to subsection (2), if a consent order is made against a respondent under section 73 of the Act, the registrar must publish a notice of the consent order on ABCFP’s website, which must include

(a) the name of the respondent and their category or subcategory of registration, 
(b) the date of the consent order, and
(c) a copy of the consent order.

(2) If it is not contrary to the public interest to do so, the investigation committee may direct that a notice published under subsection (1) include ‎a summary of the terms of the consent order, instead of reproducing the consent order in its entirety.‎

Public notification of citations and notices of hearing

13-8 (1) When a notice of hearing is issued under section 12-16(1) of Bylaw 12  (Complaints, Investigation and Discipline) in respect of a citation under section 66(1)(d) or 72(3) of the Act, the registrar must publish a notice of the citation on ABCFP’s website at least 30 days before the date of the hearing, which must include

(a) the name of the respondent and their category or subcategory of registration,
(b) the date the citation was issued, 
(c) a brief, summary description of the allegations that are to the be subject of the hearing, and
(d) the date and time and, if applicable, the place for the hearing of the citation.

(2) If the registrar considers it necessary in the public interest, the registrar may publish a notice on ABCFP’s website of a citation issued under section 66(1)(d) or 72(3) of the Act, including the information described in subsection (1)(a) to (c), before the issuance of a notice of hearing.
(3) When a notice of hearing is issued in respect of a citation for which a notice has been published under subsection (2), the registrar must update the notice to specify the date and time and, if applicable, the place for the hearing of the citation.
(4) If a citation is amended under section 12-14 of Bylaw 12  (Complaints, Investigation and Discipline) or a notice of hearing is amended under section 12-16(3) of Bylaw 12  (Complaints, Investigation and Discipline) after publication of a notice of the citation under this section, the registrar must update the notice if necessary to reflect the amendment.
(5) If a citation is rescinded under section 66(1)(e) of the Act after publication of a notice of the citation under this section, the registrar must update the notice to reflect the rescission.
(6) If the hearing of a citation, or any portion of the hearing, is adjourned to a new date, the registrar must update the notice of the citation published under this section to ‎reflect the adjournment.‎
(7) When the hearing of a citation is concluded, the registrar must update the notice of the citation published under this section to ‎‎specify that the hearing has concluded.
(8) Subject to subsections (3) to (7), a notice of a citation published under this section must be maintained on ABCFP’s website until the hearing panel issues its decision on the citation or the citation is rescinded or otherwise resolved.

Public notification of discipline decisions

13-9 (1) When a hearing panel, after a hearing under section 75 of the Act,

(a) dismisses the citation under section 75(5)(a) of the Act,
(b) makes a determination about the conduct or competence of the respondent under section 75(5)(b) of the Act, or
(c) takes one or more actions against the respondent under section 75(6) or (7) of the Act,
the registrar must publish a notice of that decision on ABCFP’s website.

(2) Subject to subsections (3) and (4), the notice of a decision published under subsection (1) must include

(a) the name of the respondent and their category or subcategory of registration,
(b) the date of the decision, and
(c) a copy of the decision, including 

(i) the reasons for the decision under section 75(4)(b) of the Act,
(ii) a description of the conduct or practice that is the subject of any determination made against the respondent under section 75(5)(b) of the Act, and
(iii) a description of any actions taken against the respondent under section 75(6) or (7) of the Act.

(3) If it is not contrary to the public interest to do so, the hearing panel may direct that notice of a decision published under subsection (1) include a summary of the decision, the reasons for the decision, and the information required under subsection (2)(c)(ii) and (iii), instead of reproducing the decision in its entirety.
(4) If the hearing panel dismisses a citation, the registrar must withhold the respondent’s name or other identifiable information from the notice of that decision published under subsection (1), unless 

(a) the respondent consents to publication of that information, or 
(b) the hearing panel otherwise directs.

(5) This section applies, with any necessary changes, to a decision or order made by the discipline committee under section 76 of the Act.

Public notification of decisions regarding registrants convicted of an indictable offence

13-10 (1) Subject to subsection (2), if the council decides to take action under section 14-1 of Bylaw 14  (Indictable Offences) against a registrant who has been convicted of an indictable offence, the registrar must publish a notice of the decision on ABCFP’s website, which must include

(a) the name of the registrant and their category or subcategory of registration,
(b) the date of the decision, and
(c) a copy of the decision, including 

(i) a description of any action taken under section 14-1, and
(ii) any reasons given by the council for the decision.

(2) If it is not contrary to the public interest to do so, the council may direct that a notice published under subsection (1) include a summary of the decision and any reasons for the decision, instead of reproducing the decision in its entirety.

Privacy of complainant or other person

13-11 (1) Despite any other provision of this Bylaw 13, 

(a) the council, the investigation committee or the discipline committee, as the case may be, may direct the registrar to withhold all or part of the information otherwise required to be included in any notice required to be published on ABCFP’s website if the council, the investigation committee or the discipline committee determine that the public interest in the information being made publicly available is outweighed by the privacy interests of the complainant or another person, other than the respondent or registrant, affected by the matter, and
(b) the registrar must withhold information from a notice published under this Bylaw 13, and any related information otherwise required to be included in the register under section 31(3)(f)(i)(B) of the Act, if required by 

(i) a direction under paragraph (a), or
(ii) an order of the investigation committee under section 12-3(1) of Bylaw 12 (Complaints, Investigation and Discipline).

(2) A complainant or other person may deliver to the registrar a request, in writing, for a direction under subsection (1)(a), which may be accompanied by evidence in support of the request.
(3) The registrar must refer a request under subsection (2) to the council, the investigation committee or the discipline committee, as the case may be, for determination before publishing a notice on the website containing information that the complainant or other person has requested to be withheld.
(4) If information is withheld from a notice under subsection (1), the registrar must indicate in the notice that information has been withheld.

Health condition of respondent or registrant

13-12 (1) Despite any other provision of this Bylaw 13, 

(a) the council, the investigation committee or the discipline committee, as the case may be, may direct the registrar to withhold all or part of the information otherwise required to be included in any notice required to be published on ABCFP’s website if 

(i) the respondent or registrant may be suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs, and
(ii) the council, the investigation committee or the discipline committee determine that the public interest in the information being made publicly available is outweighed by the privacy interests of the respondent or registrant, and

(b) the registrar must withhold information from a notice published under this Bylaw 13, and any related information otherwise required to be included in the register under section 31(3)(f)(i)(B) of the Act, if required by a direction under paragraph (a).

(2) A respondent or registrant may deliver to the registrar a request, in writing, for a direction under subsection (1)(a), which may be accompanied by evidence in support of the request.
(3) The registrar must refer a request under subsection (2) to the council, the investigation committee or the discipline committee, as the case may be, for determination before publishing a notice on the website containing information relating to a condition described in subsection (1)(a)(i) that the respondent or registrant has requested to be withheld.
(4) If information is withheld from a notice under subsection (1), the registrar must indicate in the notice that information has been withheld.

Maintenance of public notices

13-13 (1) Subject to subsections (2) and (3), a notice published under section 13-5(1), 13-6(1), 13-7(1), 13-9(1) or 13-10(1) must be maintained on ABCFP’s website for the life of the individual who is the subject of that notice, despite any cancellation of that individual’s registration.
(2) The registrar must update a notice described in subsection (1) if

(a) any limitations or conditions imposed on the individual’s practice that are referenced in the notice expire or are terminated, or there is a material change to those limitations or conditions,
(b) any period of suspension of the individual’s registration that is referenced in the notice expires or is terminated, 
(c) the individual ceases to be registered with ABCFP, or becomes a non-practising registrant or a retired registrant, or
(d) otherwise required by council policy.

(3) After the death of an individual who is the subject of a notice described in subsection (1), the registrar may 

(a) remove the notice from ABCFP’s website, or
(b) remove the individual’s name or other identifiable personal information from the notice,
if the registrar determines, in accordance with council policy, that it is not contrary to the public interest to remove that information.


Download Bylaw 13: Public Disclosure in PDF format.

 

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