Arborists Regulation, 2009

Arborists Regulation, M.R. 86/2009 The Forest Health Protection Act , C.C.S.M. c. F151 Regulation 86/2009 Registered April 23, 2009 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Certification required 2.1 Exceptions 2.2 Exception for assistants 3 Repealed 4 Production of documents 5-7 Repealed 8 Coming into force Definitions 1 In this regulation, "Act" means The Forest Health Protection Act ; («  Loi  ») "arboriculture" means the planting, pruning and treatment of trees and other woody plants except "crown timber" as defined in The Forest Act but does not include the removal of an entire tree; (« arboriculture ») "certified arborist" means (a) a person who holds a valid and subsisting certification under subsection 2(1), or (b) a person referred to in subsection 27.1(3) of the Act. (« arboriculteur certifié ») M.R. 38/2018 Certification required 2(1) Except as permitted by this regulation, a person must not act as an arborist or hold himself or herself out as an arborist unless he or she holds a valid and subsisting arborist certification from the International Society of Arboriculture. 2(2) [Repealed] M.R. 38/2018 Advertising by corporations or partnerships 2(3) No corporation or partnership shall advertise or solicit business as an arborist unless it has retained a certified arborist to practise arboriculture on its behalf. M.R. 38/2018 Exceptions 2.1(1) A person is not required to hold a certification under subsection 2(1) if the only arboriculture services he or she provides is (a) planting or watering trees and other woody plants; or (b) applying pesticides on trees and other woody plants. Exception for utility work 2.1(2) A person is not required to hold a certification under subsection 2(1) in order to prune trees or clear vegetation in the immediate vicinity of overhead electrical lines. M.R. 38/2018 Exception for assistants 2.2 Nothing in this regulation prohibits a certified arborist from employing a person who does not hold a certification under subsection 2(1) to assist in providing arboriculture services if (a) the arborist is physically present at the worksite at all times where arboriculture services are provided; and (b) the arborist directly supervises the assistant in the course of his or her work. M.R. 38/2018 3 [Repealed] M.R. 110/2013 ; 38/2018 Production of documents 4 On the request of an officer, a certified arborist must provide the following documents to the officer when he or she is practising arboriculture or soliciting business as an arborist: (a) proof or his or her certification under subsection 2(1) or proof that the person is exempt from the certification requirement under subsection 27.1(3) of the Act; (b) his or her driver's licence or other proof of identity acceptable to the officer; (c) [repealed] M.R. 38/2018 . M.R. 38/2018 5 to 7 [Repealed] M.R. 38/2018 Coming into force 8 This regulation comes into force on the same day that The Forest Health Protection Act , S.M. 2007, c. 20, comes into force.