26

 

 

Third Session, 46th General Assembly

59 Elizabeth II, 2010

BILL 26

AN ACT TO AMEND THE ARCHITECTS ACT, 2008

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE KEVIN O'BRIEN

Minister of Government Services

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Architects Act, 2008. Principally, the amendments would clarify what services the Act requires to be performed by an architect.

The Bill would also increase penalties for a violation of the Act.

A BILL

AN ACT TO AMEND THE ARCHITECTS ACT, 2008

Analysis


        1.   S.13 Amdt.
Exclusion from membership

        2.   S.13.1 Added
Limited liability partnerships

        3.   S.32 Amdt.
Regulations

        4.   S.35 Amdt.
Services exempt under this Act

        5.   S.37 Amdt.
Seal or stamp

        6.   S.41 R&S
Offence

        7.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2008 cA-15.1
as amended

        1. Subsection 13(2) of the Architects Act, 2008 is repealed and the following substituted:

             (2)  Notwithstanding subsection (1), a partnership, firm or corporation may provide architectural services where the services are offered and provided under the direct supervision of an architect.

 

        2. The Act is amended by adding immediately after section 13 the following:

Limited liability partnerships

   13.1 Two or more persons licensed under this Act to practice as architects are eligible, as required by section 56 of the Partnership Act, to apply to be registered under that Act as a limited liability partnership.

 

        3. Subsection 32(1) of the Act is amended by adding immediately after paragraph (b) the following:

          (b.1)  respecting the use of stamps and seals;

 

        4. (1) Subparagraph 35(a)(ii) of the Act is repealed and the following substituted:

                     (ii)  building containing only residential units having a maximum of 15 bedrooms where access into each unit is only from the exterior,

             (2)  Subparagraph 35(a)(iv) of the Act is repealed and the following substituted:

                    (iv)  building, in whole or in part, used or intended for assembly or industrial occupancy only where the building's total occupant load does not exceed 50 persons,

             (3)  Subparagraph 35(a)(vii) of the Act is repealed and the following substituted:

                   (vii)  an interior space for a building to which Part 9 of the National Building Code of Canada applies, including signs, finishes, fixed or loose furnishings, equipment, fixtures and portioning of space and related exterior elements including signs, finishes, and glazed openings used for display purposes, where the design does not, or is not likely to produce a reduction in the structural integrity of the building or a change to

                            (A)  a fire safety system,

                            (B)  fire wall, or fire separation, or a public corridor on a floor, as defined by the National Building Code of Canada,

                            (C)  a main entrance,

                            (D)  the construction or location of an exterior wall,

                             (E)  the usable floor space through addition of a mezzanine, infill, or other similar element of the building, or

                             (F)  an increase in the number of spaces within the building each designed for an occupant load of 50 persons or greater;

 

        5. Subsection 37(3) of the Act is repealed.

 

        6. Section 41 of the Act is repealed and the following substituted:

Offence

      41. A person who contravenes section 13 or 40 is guilty of an offence and liable on summary conviction to a fine not exceeding

             (a)  in the case of a natural person, $5,000 for a first conviction and to a fine not exceeding $10,000 for a second or subsequent conviction; and

             (b)  in the case of a corporation, $25,000 for a first conviction and to a fine not exceeding $100,000 for a second or subsequent conviction.

 

        7. This Act comes into force on the date the Architects Act, 2008 comes into force.