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Statutes of Newfoundland and Labrador 2023


CHAPTER 7

AN ACT TO AMEND THE ARCHITECTS ACT, 2008

(Assented to May 25, 2023)

Analysis


        1.   S.5 Amdt.
Board

        2.   S.6 Amdt.
Appointment by minister

        3.   S.11 Amdt.
Licence to practice

        4.   S.15 Amdt.
Complaints and disciplinary panel

        5.   S.16 Amdt.
Allegation

        6.   S.17 Amdt.
Effect of filing allegation

        7.   S.18 Amdt.
Complaints authorization committee

        8.   S.20 Amdt.
Hearing

        9.   S.22 Amdt.
Guilty plea by respondent

      10.   S.23 Amdt.
Powers of adjudication tribunal

      11.   S.24 Amdt.
Filing and publication of decisions

      12.   S.25 Amdt.
De-registration and suspension

      13.   S.27 Amdt.
Re-hearing

      14.   S.29 Amdt.
Collection of fine

      15.   S.30 R&S
Appeal to Supreme Court

      16.   S.34 Amdt.
Entitlement to provide architectural services

      17.   S.34.1 Added
Title of architectural technologist

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

      19.   S.36 Amdt.
If not licensed as an architect

      20.   S.37 Amdt.
Seal or stamp

      21.   S.39 Amdt.
False representation

      22.   S.40 Amdt.
Misrepresentation


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

SNL2008 cA-15.1 as amended

        1. (1) Subsection 5(5) of the Architects Act, 2008 is amended by deleting the words "him or her" and substituting the words "the chairperson".

             (2)  Subsection 5(7) of the Act is amended by deleting the words "his or her office".

             (3)  Subsection 5(8) of the Act is amended by deleting the words "his or her" and substituting the words "the member's".

             (4)  Subsection 5(11) of the Act is amended by deleting the words "his or her".

 

        2. (1) Subsection 6(3) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

             (2)  Subsection 6(4) of the Act is amended by deleting the words "he or she" and substituting the words "the appointed member".

             (3)  Subsection 6(6) of the Act is amended by deleting the words "his or her appointment".

             (4)  Subsection 6(7) of the Act is amended by

             (a)  deleting the words "his or her" and substituting the words "the person's"; and

             (b)  deleting the words "him or her" and substituting the words "the person".

 

        3. (1) Subsection 11(2) of the Act is amended by deleting the words "that he or she has obtained" and substituting the word "of".

             (2)  Subsection 11(3) of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the person"; and

             (b)  deleting the words "his or her" and substituting the words "the person's".

 

        4. Subsection 15(6) of the Act is repealed and the following substituted:

      15. (6)  Where the term of a disciplinary panel member expires, the person continues to be a member until reappointed or replaced.

 

        5. (1) Subsection 16(1) of the Act is amended by deleting the words "his or her" and substituting the words "the complainant's".

             (2)  Subsection 16(2) of the Act is amended by deleting the words "his or her" and substituting the words "the registrar's".

 

        6. Subsection 17(2) of the Act is amended by deleting the words "he or she" and substituting the words "the registrar".

 

        7. (1) Paragraph 18(3)(c) of the Act is amended by deleting the word "respondents" wherever it appears and substituting the word "respondent's".

             (2)  Subparagraph 18(4)(a)(i) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

             (3)  Subsection 18(6) of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the architect or person"; and

             (b)  deleting the words "of him or her".

             (4)  Subsection 18(7) of the Act is amended by deleting the word "respondents" wherever it appears and substituting the word "respondent's".

             (5)  Subsection 18(8) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

 

        8. Subsection 20(2) of the Act is amended by deleting the words "his or her".

 

 

        9. (1) Subsection 22(2) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

             (2)  Paragraph 22(2)(c) of the Act is amended by deleting the word "respondents" and substituting the word "respondent's".

 

 

      10. (1) Subsection 23(3) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

             (2)  Paragraph 23(3)(c) of the Act is amended by deleting the word "respondents" and substituting the word "respondent's".

 

      11. (1) Paragraph 24(3)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the respondent's".

             (2)  Paragraph 24(3)(c) of the Act is amended by deleting the word "respondents" and substituting the word "respondent's".

             (3)  Paragraph 24(4)(a) of the Act is amended by deleting the words "he or she" and substituting the words "the respondent".

             (4)  Paragraph 24(4)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the complainant's".

 

      12. (1) Subsection 25(1) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the architect's".

             (2)  Subsection 25(2) of the Act is amended by deleting the words "his or her" and substituting the words "the architect's".

             (3)  Subsection 25(3) of the Act is amended by

             (a)  deleting the words "his or her" wherever they appear and substituting the words "the respondent's"; and

             (b)  deleting the word "respondents" and substituting the word "respondent's".

 

      13. (1) Paragraph 27(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the respondent's".

             (2)  Paragraph 27(1)(c) of the Act is amended by deleting the word "respondents" and substituting the word "respondent's".

 

      14. Section 29 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

 

      15. Section 30 of the Act is repealed and the following substituted:

Appeal to Supreme Court

      30. (1) The board or the respondent may, within 30 days after receiving notice of the decision or order of an adjudication tribunal under this Act, appeal the decision or order to the Supreme Court by filing a notice of appeal with the court.

             (2)  An appeal under this section does not stay the decision or order being appealed unless the Supreme Court orders otherwise.

 

      16. Paragraph 34(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

 

      17. The Act is amended by adding immediately after section 34 the following:

Title of architectural technologist

   34.1 Nothing in this Act shall prohibit or preclude a person from using the word "architectural" in connection with a title or designation where the person

             (a)  has obtained a degree or diploma from an accredited architectural technology program; or

             (b)  has at least 5 years' experience providing architectural services under the direct supervision of an architect and is providing architectural services under the direct supervision of an architect.

 

      18. Paragraph 35(c) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

 

      19. (1) Subsection 36(1) of the Act is amended by

             (a)  deleting the words "style nor hold himself or herself out as" and substituting the words "represent to be"; and

             (b)  deleting the words "he or she" and substituting the words "the person".

             (2)  Subsection 36(2) of the Act is amended by

             (a)  deleting the words "hold himself or herself out" and substituting the words "represent itself"; and

             (b)  deleting the words "held out as" and substituting the words "represented to be".

 

      20. Subsection 37(1) of the Act is amended by deleting the words "his or her" and substituting the words "the architect's".

 

      21. Section 39 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

 

      22. (1) Paragraph 40(1)(b) of the Act is amended by deleting the words "hold himself or herself out as" and substituting the words "represent to be".

             (2)  Paragraph 40(1)(c) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

             (3)  Paragraph 40(1)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".