This is an official version.

 

Copyright © 2014: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

 

Table of Public Statutes

Main Site

How current is this statute?

 
 

Responsible Department

 
 

SNL2008 CHAPTER A-15.1

ARCHITECTS ACT, 2008

Amended:

2009 c30 s3; 2010 c21; 2012 c38 s2; 2013 c16 s25

CHAPTER A-15.1

AN ACT RESPECTING ARCHITECTS AND THE PROVISION OF ARCHITECTURAL SERVICES

(Assented to June 4, 2008 )

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Institute continued

       
4.   Objects of association

       
5.   Board

       
6.   Appointment by minister

       
7.   Meetings

       
8.   Fees

       
9.   By-laws

     
10.   Annual report

     
11.   Licence to practice

     
12.   Register

     
13.   Exclusion from membership

   
13.1   Limited liability partnerships

     
14.   Definitions

     
15.   Complaints and disciplinary panel

     
16.   Allegation

     
17.   Effect of filing allegation

     
18.   Complaints authorization committee

     
19.   Adjudication tribunal

     
20.   Hearing

     
21.   Copies of books, etc. as evidence

     
22.   Guilty plea by respondent

     
23.   Powers of adjudication tribunal

     
24.   Filing and publication of decisions

     
25.   De-registration and suspension

     
26.   Failure to comply

     
27.   Re-hearing

     
28.   Costs of board

     
29.   Collection of fine

     
30.   Appeal to Trial Division

     
31.   Action prohibited

     
32.   Regulations

     
33.   Regulations

     
34.   Entitlement to provide architectural services

     
35.   Services exempt under this Act

     
36.   If not licensed as an architect

     
37.   Seal or stamp

     
38.   Recovery of fees

     
39.   False representation

     
40.   Misrepresentation

     
41.   Offence

     
42.   Evidence

     
43.   RSNL1990 cA-15 Rep.

     
44.   Commencement


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

Short title

        1. This Act may be cited as the Architects Act, 2008.

2008 cA-15.1 s1

Back to Top

Definitions

        2. In this Act

             (a)  "architect" means a person licensed under this Act to provide architectural services;

             (b)  "architectural services" means

                      (i)  the preparation or provision of a design, and

                     (ii)  the provision of general review services;

             (c)  "association" means the Newfoundland and Labrador Association of Architects;

             (d)  "board" means the board established under section 5 ;

             (e)  "design" means a plan, sketch, drawing, graphic representation, or specification intended to govern the construction, enlargement, or alteration of a building or part of a building and related site development;

             (f)  "general review services" means general review services as defined in the regulations made under section 33;

             (g)  "licence" means a licence issued under section 11 ;

             (h)  "member" means a member of the association but does not include a student or associate member;

              (i)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

              (j)  "register" means the register referred to in section 12 ; and

             (k)  "registrar" means the registrar of the board.

2008 cA-15.1 s2

Back to Top

Institute continued

        3. (1) The Newfoundland and Labrador Association of Architects is continued as a corporation without share capital for the purposes of Part XXI of the Corporations Act .

             (2)  A person who holds a licence issued under section 11 and pays the membership fee set by the association is a member of the association, notwithstanding anything in the by-laws of the association.

             (3)  Notwithstanding its continuation as a corporation by this Act, the association is subject to the Corporations Act for all purposes, including a change of its name.

2008 cA-15.1 s3

Back to Top

Objects of association

        4. The objects of the association are

             (a)  to promote and increase the knowledge, skill and proficiency of its members in all things relating to the profession of architecture;

             (b)  to advance and maintain a high standard in the provision of architectural services; and

             (c)  to promote public appreciation of architecture and the allied arts and sciences.

2008 cA-15.1 s4

Back to Top

Board

        5. (1) The Architects Licensing Board is established as a corporation without share capital for the purposes of Part XXI of the Corporations Act .

             (2)  The board shall consist of

             (a)  5 members elected from and by members of the association in accordance with the by-laws; and

             (b)  2 members appointed under section 6 who are not members of the association.

             (3)  A person who is a member of the governing body of the association is not eligible to be elected under paragraph (2)(a).

             (4)  The board shall elect from among the elected members a chairperson and a registrar.

             (5)  The chairperson, or an elected member designated by him or her, shall chair the meetings of the board.

             (6)  A member may be elected for a term set by the by-laws which shall not exceed 3 years and is eligible to be re-elected, but shall not serve as a member for more than 9 consecutive years.

             (7)  An elected member may resign his or her office by written notice to the board.

             (8)  Where an elected member resigns, dies or becomes incapable of performing his or her duties, the remaining members shall appoint a replacement to serve until the expiry of the term of that elected member.

             (9)  Where the term of office of a member of the board expires and a successor has not been elected or appointed, the member may continue to hold office until a successor is elected or appointed but time served by that member under this subsection shall not be counted for the purpose of subsection (6).

          (10)  Elected members shall serve without payment for their services, but their travel and other expenses associated with their duties as members may be paid by the board, in accordance with the by-laws.

          (11)  The board may pay the registrar for performing his or her duties under this Act, in accordance with the by-laws.

2008 cA-15.1 s5

Back to Top

Appointment by minister

        6. (1) The minister shall appoint as members of the board 2 persons who are not architects who are suitable to represent the public interest.

             (2)  A person appointed under subsection (1) holds office for a term of 3 years and is eligible to be re-appointed.

             (3)  Where a person appointed under subsection (1) holds office for a period of 9 consecutive years the person is not eligible for appointment as a member of the board until the expiration of 12 months from the end of the year in which he or she was last a member.

             (4)  Where the term of an appointed member expires, he or she continues to be a member until re-appointed or replaced.

             (5)  The board shall pay the expenses of a person appointed under this section in accordance with guidelines established by the Lieutenant-Governor in Council.

             (6)  A person appointed under subsection (1) may resign his or her appointment by written notice to the minister and shall provide a copy to the chairperson of the board.

             (7)  A person appointed under subsection (1) may be removed from office by the minister before the expiration of his or her term of office and no compensation shall be paid to him or her other than an amount owing under subsection (5).

             (8)  Notwithstanding subsection (2), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years.

2008 cA-15.1 s6; 2012 c38 s2

Back to Top

Meetings

        7. (1) A quorum of the board is 3 members, one of whom is an appointed member.

             (2)  Except where prohibited in the by-laws, a member may, where all the members consent, participate in a meeting of the board by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other.

             (3)  Where a quorum under subsection (1) exists, a majority of that number is sufficient to make a decision, and in the event of a tie the chairperson of the meeting shall cast the deciding vote.

             (4)  In the absence of the chairperson, the members of the board in attendance at a meeting may appoint another member to chair that meeting.

             (5)  The board shall hold an annual general meeting, to which all members of the association shall be invited, to elect the members of the board.

             (6)  At the annual general meeting the board shall appoint an auditor to audit the accounts of the board and report on the financial statement prepared by the board.

             (7)  The board may in its by-laws provide for voting at a meeting of the board or in an election of members by mail or electronic means.

2008 cA-15.1 s7

Back to Top

Fees

        8. (1) In prescribing the fees payable under this Act, the board shall, so far as it is practicable, ensure that the amount of fees is sufficient to enable it to discharge its duties under this Act.

             (2)  All money received by the board shall be applied by it to its duties under this Act.

2008 cA-15.1 s8

Back to Top

By-laws

        9. (1) The board may make by-laws not inconsistent with this Act respecting

             (a)  the holding and procedure of its meetings;

             (b)  the appointment of committees and the duties and responsibilities of those committees;

             (c)  the election of members of the board under subsection 5 (2) and setting the terms of office;

             (d)  the payment of travel and other expenses of elected members of the board;

             (e)  the employment and remuneration of staff and consultants;

             (f)  a code of ethics which may include

                      (i)  a definition of "professional misconduct" and "conduct unbecoming" for the purposes of sections 14 to 31 ,

                     (ii)  provisions respecting conflict of interest, and

                    (iii)  rules respecting methods of advertising;

             (g)  the remuneration and payment of travel expenses of members of adjudication tribunals;

             (h)  the participation of members at a meeting of the board by telephone or other telecommunications device under section 7 ; and

              (i)  voting by members by mail or electronic means.

             (2)  A by-law may be made, amended or repealed at a meeting of the board provided that 30 days notice, in writing, of the making, amendment or repeal of the by-law and of the meeting are given to members of the board.

             (3)  The board shall have its by-laws available for inspection by the public on reasonable notice and at reasonable hours.

2008 cA-15.1 s9

Back to Top

Annual report

      10. (1) The board shall prepare and submit to the minister not later than 6 months after the end of its financial year

             (a)  a report on the activities of the board in the previous year; and

             (b)  the board's audited financial statements for the previous financial year.

             (2)  The minister shall table a copy of the annual report and the audited financial statement in the House of Assembly within 15 days of receiving it if the house is sitting and if the house is not sitting within 15 days after it next begins to sit.

             (3)  Where the board fails to comply with subsection (1), the board is guilty of an offence and is liable upon summary conviction to a fine of $1,000.

2008 cA-15.1 s10

Back to Top

Licence to practice

      11. (1) A person who

             (a)  has passed the prescribed examinations and has met the additional requirement that may be prescribed by the board; and

             (b)  pays the licensing fee set by the board,

is entitled to be licensed as an architect and to provide architectural services.

             (2)  As a condition of receiving a licence, a person shall provide proof that he or she has obtained professional liability insurance coverage in a form and amount satisfactory to the board.

             (3)  Subsection (2) does not apply to a person who is employed by the government of the province or of Canada to which he or she provides architectural services and who does not provide architectural services other than to his or her employer.

2008 cA-15.1 s11

Back to Top

Register

      12. (1) The registrar of the board shall keep a register in which shall be entered the names of all persons licensed under this Act.

             (2)  The register shall be open to inspection by a member of the public during normal business hours at the office of the board.

2008 cA-15.1 s12

Back to Top

Exclusion from membership

      13. (1) A partnership, firm or corporation shall not be granted membership in the association or be licensed to provide architectural services in the province.

             (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.

2008 cA-15.1 s13; 2010 c21 s1

Back to Top

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.

2010 c21 s2

Back to Top

Definitions

      14. In this section and sections 15 to 32 ,

             (a)  "allegation" means a written document alleging that a person has engaged in conduct deserving of sanction;

             (b)  "complainant" means a person making an allegation described in section 16 ;

             (c)  "conduct deserving of sanction" includes

                      (i)  professional misconduct,

                     (ii)  professional incompetence,

                    (iii)  conduct unbecoming an architect,

                    (iv)  incapacity or unfitness to practise as an architect, and

                     (v)  acting in breach of this Act, the regulations or the code of ethics made under section 9 ;

             (d)  "costs incurred by the board" includes

                      (i)  out of pocket expenses incurred by or on behalf of the board,

                     (ii)  amounts paid by the board to adjudication tribunal members as remuneration and for expenses, and

                    (iii)  the actual cost of legal counsel for the board and the adjudication tribunal;

             (e)  "disciplinary panel" means the panel of persons appointed under section 15 from which the members of an adjudication tribunal are chosen; and

             (f)  "respondent" means an architect or former architect against whom an allegation is made.

2008 cA-15.1 s14

Back to Top

Complaints and disciplinary panel

      15. (1) The board shall appoint at least 3 members, at least one of whom is a member appointed under section 6 , to constitute a complaints authorization committee.

             (2)  The registrar is not eligible to be a member of the complaints authorization committee.

             (3)  The board shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1).

             (4)  The board shall appoint at least 10 architects who are not members of the board, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 3 persons who are not architects to represent the public interest, who shall together constitute a disciplinary panel.

             (5)  Of the members first appointed to the disciplinary panel, one half shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the disciplinary panel shall be for a term of 3 years.

             (6)  Notwithstanding the expiry of his or her term, a member of the disciplinary panel continues to be a member until he or she is re-appointed or his or her replacement is appointed.

             (7)  Persons appointed to the disciplinary panel may be reappointed.

             (8)  Members of the disciplinary panel shall serve on the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the board, in accordance with and at the rates set by the by-laws.

             (9)  The complaints authorization committee and an adjudication tribunal appointed under section 19 and a person appointed by either of them may summon witnesses and require those witnesses to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

2008 cA-15.1 s15

Back to Top

Allegation

      16. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the registrar.

             (2)  The registrar may on his or her own motion make an allegation and file it, and the allegation has the same effect as an allegation referred to in subsection (1).

             (3)  Where the registrar has been informed that an architect has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of architects in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming an architect, or professional incompetence, the information shall be dealt with by the registrar as an allegation.

             (4)  For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

2008 cA-15.1 s16

Back to Top

Effect of filing allegation

      17. (1) Where it appears to the registrar after notifying the respondent of the allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the registrar may attempt to resolve the matter.

             (2)  Where the allegation is not satisfactorily resolved by the registrar under subsection (1), he or she shall refer the allegation and all other allegations to the complaints authorization committee.

             (3)  The registrar shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee.

2008 cA-15.1 s17

Back to Top

Complaints authorization committee

      18. (1) After an allegation has been submitted to the complaints authorization committee, the committee may exercise one or more of the following powers:

             (a)  refer the allegation back to the registrar for an investigation or alternative dispute resolution in accordance with the regulations;

             (b)  conduct an investigation itself or appoint a person to conduct an investigation on its behalf; and

             (c)  require the respondent to appear before it.

             (2)  Where the complaints authorization committee is of the opinion there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant and the respondent.

             (3)  Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation is considered to constitute a complaint, and the committee may

             (a)  counsel or caution the respondent; or

             (b)  instruct the registrar to file the complaint against the respondent and refer it to the disciplinary panel; and

             (c)  recommend to the board that

                      (i)  the respondent’s practice be suspended or restricted, or

                     (ii)  the registrar conduct an investigation of the respondent’s practice, and where the board approves an investigation the registrar shall conduct it,

at any time before a final determination by the adjudication tribunal.

             (4)  A person conducting an investigation under paragraph (1)(a), (b) or subparagraph (3)(c)(ii) may

             (a)  require a respondent to

                      (i)  undergo an examination he or she considers necessary and as arranged by the registrar, and

                     (ii)  permit the registrar or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and

             (b)  require another person to permit the registrar or a member of the complaints authorization committee or another person appointed by the complaints authorization committee to inspect and copy records and other documents relating to the subject matter of the investigation held by that person,

and the respondent or other person shall comply.

             (5)  Where the registrar, a member of the complaints authorization committee or a person appointed by the authorization committee requests that a respondent or another person provide information under subsection (4), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request.

             (6)  An action for damages does not lie against an architect or another person to whom a request is made solely because he or she provides information requested of him or her under subsection (4).

             (7)  Where the complaints authorization committee recommends to the board that a respondent’s practice be suspended, restricted or investigated under paragraph (3)(c), the board may

             (a)  decide not to act on the recommendation; or

             (b)  suspend, restrict or investigate the respondent’s practice.

             (8)  A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Trial Division by filing a notice of appeal with the court.

             (9)  Subsections (4), (5) and (6) apply to the Crown.

2008 cA-15.1 s18; 2013 c16 s25

Back to Top

Adjudication tribunal

      19. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom 2 shall be architects and one shall be a representative of the public interest.

             (2)  The chairperson of the disciplinary panel shall appoint one of the architects on an adjudication tribunal to be the chairperson.

2008 cA-15.1 s19

Back to Top

Hearing

      20. (1) Where a complaint has been referred under paragraph 18 (3)(b), an adjudication tribunal shall hear the complaint.

             (2)  The parties to a hearing are the board and the respondent and a party may be represented by his or her counsel at a hearing.

             (3)  A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or a witness against the consequences of possible disclosure of personal matters outweigh the desirability of holding the hearing in public.

2008 cA-15.1 s20

Back to Top

Copies of books, etc. as evidence

      21. A copy or extract of a book, record, document or thing certified by

             (a)  a member of the complaints authorization committee; or

             (b)  a person authorized under subsection 18 (4) to conduct an inspection,

who made the copy or extract under subsection 18 (4) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

2008 cA-15.1 s21

Back to Top

Guilty plea by respondent

      22. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties.

             (2)  Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may

             (a)  reprimand the respondent;

             (b)  order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

             (c)  allow or direct the respondent to surrender his or her licence to the board upon those conditions that may be considered appropriate and strike the respondent’s name from the register;

             (d)  impose a fine not to exceed $10,000 to be paid to the board;

             (e)  order that the respondent pay the costs or a part of the costs incurred by the board in the investigation and hearing of the complaint;

             (f)  order that the registrar publish a summary of the decision including the information set out in subsection 24(4) and other information that the tribunal may specify; and

             (g)  order that the respondent comply with one or more of the following:

                      (i)  make restitution to the complainant or other person affected by the conduct of the respondent,

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

                    (iv)  obtain substance abuse counselling or treatment, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

                     (v)  engage in continuing education programs,

                    (vi)  complete a course of studies satisfactory to the board or another body or person designated by the adjudication tribunal,

                   (vii)  report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

                  (viii)  restrict his or her professional practice or continue his or her practice under specified conditions,

                    (ix)  permit periodic inspection of records relating to his or her practice, or

                     (x)  impose other requirements that are just and reasonable in the circumstances.

             (3)  The costs incurred by the board to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

2008 cA-15.1 s22; 2009 c30 s3

Back to Top

Powers of adjudication tribunal

      23. (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a respondent is guilty of conduct deserving of sanction.

             (2)  Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable,

             (a)  order that those costs that the tribunal considers appropriate be paid by the board to the respondent; and

             (b)  make another order that it considers appropriate.

             (3)  Where an adjudication tribunal decides that a respondent is guilty, it may

             (a)  reprimand the respondent;

             (b)  order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

             (c)  allow or direct the respondent to surrender his or her licence to the board upon those conditions that may be considered appropriate and strike the respondent’s name from the register;

             (d)  impose a fine not to exceed $10,000 to be paid to the board;

             (e)  order that the respondent pay the costs or a part of the costs incurred by the board in the investigation and hearing of the complaint;

             (f)  order that the registrar publish a summary of the decision including the information set out in subsection 24(4) and other information that the tribunal may specify; and

             (g)  order that the respondent comply with one or more of the following:

                      (i)  make restitution to the complainant or other person affected by the conduct of the respondent,

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

                    (iv)  obtain substance abuse counselling or treatment, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

                     (v)  engage in continuing education programs,

                    (vi)  complete a course of studies to the satisfaction of the board or other body or person designated by the adjudication tribunal,

                   (vii)  report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

                  (viii)  restrict his or her professional practice or continue his or her practice under specified conditions,

                    (ix)  permit periodic inspection of records relating to his or her practice, or

                     (x)  impose other requirements that are just and reasonable in the circumstances.

             (4)  The costs incurred by the board to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

2008 cA-15.1 s23; 2009 c30 s3

Back to Top

Filing and publication of decisions

      24. (1) An adjudication tribunal shall file a decision or order made under subsection 22 (2) or 23 (2) or (3)with the registrar and provide a copy to the complainant and the respondent and the respondent's employer.

             (2)  The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 5 years after the day the decision is filed and shall upon receiving a request to view the disciplinary records in relation to an architect permit a person to view a summary of a decision where that architect was the respondent, prepared in accordance with subsection (4).

             (3)  The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the expiry of the appeal period provided in section 30, where the decision or order

             (a)  suspends the respondent;

             (b)  allows or directs the respondent to surrender his or her licence;

             (c)  restricts the respondent’s practice;

             (d)  specifies conditions for the continuing practice of the respondent; or

             (e)  requires that a summary of the decision or order be published.

             (4)  The summary of the decision published under subsection (3) shall include

             (a)  the name of the respondent and the address where he or she practises;

             (b)  the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction;

             (c)  the name of the complainant, unless the complainant has requested that his or her name be withheld;

             (d)  the contents of the order in relation to the actions referenced in paragraphs (3)(a) to (d); and

             (e)  other information specified for publication in the decision or order.

             (5)  Where a decision published under this section is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (2) and (3) apply, with the necessary changes.

             (6)  The registrar may give notice of the decision and information respecting the decision to the other persons the board may direct and shall, in a certificate of good standing issued in relation to the respondent, include a summary of the decision.

2008 cA-15.1 s24

Back to Top

De-registration and suspension

      25. (1) Where an architect is allowed or directed to surrender his or her licence, his or her rights and privileges as an architect cease.

             (2)  Where an architect is suspended, his or her rights and privileges as an architect cease for the period of suspension.

             (3)  Where conditions or restrictions have been imposed upon a respondent’s ability to carry on his or her practice, his or her rights and privileges as an architect shall be limited to the extent specified by the conditions or restrictions.

2008 cA-15.1 s25

Back to Top

Failure to comply

      26. (1) On application by the board to the disciplinary panel, an adjudication tribunal may make an order suspending the rights and privileges of a respondent where it determines that the respondent has failed to comply with a decision or an order under subsection 22 (2) or 23 (2) or (3).

             (2)  The parties to the application are the board and the respondent.

             (3)  An order of an adjudication tribunal under this section may suspend the rights and privileges of the respondent for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal.

2008 cA-15.1 s26

Back to Top

Re-hearing

      27. (1) Where a decision or order of the adjudication tribunal

             (a)  suspends the respondent;

             (b)  allows or directs the respondent to surrender his or her licence;

             (c)  restricts the respondent’s practice; or

             (d)  specifies conditions for the continuing practice of the respondent,

and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing to discharge or vary the decision or order based on the new evidence or material change in circumstances.

             (2)  An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred.

             (3)  Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal as if it were a matter referred under paragraph 18 (3)(b) and sections 20 to 25 apply, with the necessary changes, to the referred matter.

             (4)  The parties to a supplementary hearing under this section are the respondent and the board.

             (5)  For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 23 , a tribunal may

             (a)  vary the original decision or order made under section 23 ; or

             (b)  discharge the original decision or order, with or without conditions.

2008 cA-15.1 s27

Back to Top

Costs of board

      28. (1) Where a person who was ordered to pay the costs of the board under paragraph 22 (2)(e) or 23 (3)(e) fails to pay in the time required, the board may suspend the licence of that person until the costs are paid.

             (2)  Costs ordered by the board under paragraph 22 (2)(e) or 24 (3)(e) are a debt due the board and may be recovered by a civil action.

2008 cA-15.1 s28

Back to Top

Collection of fine

      29. (1) Where an order is made under section 22 or 23 imposing a fine on a respondent, the board may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Trial Division.

             (2)  Where a certificate filed with the Trial Division under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

             (3)  A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

             (4)  On application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge's decision.

             (5)  There is no appeal from a decision of a judge made under this section.

             (6)  A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

2008 cA-15.1 s29; 2013 c16 s25

Back to Top

Appeal to Trial Division

      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 Trial Division 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 Trial Division orders otherwise.

2008 cA-15.1 s30; 2013 c16 s25

Back to Top

Action prohibited

      31. An action for damages shall not lie against the board, disciplinary panel, an adjudication tribunal or the individual members of those bodies, a person appointed to conduct an investigation under subsection 18 (4), the registrar, or an officer or employee of the board for

             (a)  an act or failure to act, or a proceeding initiated or carried out in good faith under this Act, or carrying out their duties or obligations as an officer, employee or member under this Act; or

             (b)  for a decision or order made or enforced in good faith under this Act.

2008 cA-15.1 s31

Back to Top

Regulations

      32. (1) The board may, with the approval of the minister, make regulations

             (a)  prescribing conditions for the licensing of a person to practise as an architect and for the renewal of licences;

             (b)  respecting the conferral of honorary titles or other forms of recognition on persons and the rights and privileges of those who are given them, and their cancellation;

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

             (c)  respecting alternative dispute resolution for the purposes of sections 14 to 31 and the procedure for that resolution; and

             (d)  prescribing time limits for events in the disciplinary process in sections 14 to 31 , including time limits for:

                      (i)  the filing of an allegation,

                     (ii)  the resolution of an allegation by the registrar,

                    (iii)  the conduct of an investigation under section 18 ,

                    (iv)  consideration of an allegation by the complaints authorization committee following completion of an investigation,

                     (v)  responding to a complainant and respondent at each stage of the process,

                    (vi)  the conduct of a practice investigation under subparagraph 18 (3)(c)(ii),

                   (vii)  the appointment of an adjudication panel under section 19 , and

                  (viii)  the conduct of a hearing and the filing of a decision or order by an adjudication panel following completion of the hearing.

             (2)  Notwithstanding subsection (1), the minister may make regulations to prescribe time limits for events in the disciplinary process under sections 14 to 31 where the board does not do so in a time period the minister considers reasonable.

2008 cA-15.1 s32; 2010 c21 s3

Back to Top

Regulations

      33. The minister may make regulations for the purpose of paragraph 2 (f) defining what general review services are with respect to the provision of architectural services.

2008 cA-15.1 s33

Back to Top

Entitlement to provide architectural services

      34. (1) Except as otherwise provided in this Act, only a person who is licensed under this Act is entitled

             (a)  to take or use the title "architect" either singly or in connection with another word, name, title or designation, except "naval architect" or "landscape architect";

             (b)  to use the word "architecture" or "architectural" either singly or in connection with another word in describing or referring to his or her functions and services, other than where used to describe building materials and trades; or

             (c)  to engage or offer to engage in the provision of architectural services for a fee or commission or for a direct or indirect payment or profit or hope of reward.

             (2)  The board may, with the approval of the minister, make regulations respecting the conditions under which a person who is licensed to provide architectural services in another province or territory of Canada , or in another jurisdiction, may provide architectural services in the province.

2008 cA-15.1 s34

Back to Top

Services exempt under this Act

      35. Nothing in this Act shall be taken or construed to prohibit or preclude

             (a)  a person from providing architectural services for the construction, enlargement, or alteration of a

                      (i)  detached or semi-detached house or row housing, with or without a subsidiary apartment,

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

                    (iii)  lodging house or a bed and breakfast establishment where the maximum number of guest bedrooms does not exceed 4,

                    (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,

                     (v)  building, in whole or in part, used or intended for a mercantile or personal services occupancy where the total area of all those floors located at and above the lowest outside grade does not exceed 300 square meters and the building does not contain more than one dwelling unit,

                    (vi)  an existing building, which, when converted, is used or intended to be used entirely for those uses described in subparagraphs (i) to (v), and

                   (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;

             (b)  an engineer who is licensed under the Engineers and Geoscientists Act from carrying on the practise of civil engineering, structural engineering, mechanical engineering, electrical engineering or materials engineering;

             (c)  a person from providing architectural services where he or she is under the direct supervision of a person holding a licence;

             (d)  a person from evaluating, advising on, or reporting on the construction, enlargement, or alteration of a building that does not, or is not intended to, take the place of general review services;

             (e)  a person from preparing designs of building materials and systems for the purpose of marketing and selling building materials and systems; and

             (f)  a person from preparing or providing a design intended to illustrate the fabrication or installation of component parts of a building project, where the design for the building project has been provided by an architect.

2008 cA-15.1 s35; 2010 c21 s4

Back to Top

If not licensed as an architect

      36. (1) A person shall not style nor hold himself or herself out as an architect unless he or she is licensed under this Act.

             (2)  An employer shall not hold himself or herself out as employing an architect unless the person who is held out as an architect is licensed under this Act.

2008 cA-15.1 s36

Back to Top

Seal or stamp

      37. (1) An architect licensed under this Act shall have a seal or stamp, containing the name of the architect and the words "Member Newfoundland and Labrador Association of Architects", with which the architect shall seal or stamp all working drawings, final drawings, specifications, plans, reports and other documents involving the provision of architectural services issued from his or her office.

             (2)  All working drawings, final drawings, specifications, plans, reports and other documents involving the provision of architectural services, when issued, shall bear the signature and seal of the architect who prepared or approved them.

             (3)  [Rep. by 2010 c21 s5]

2008 cA-15.1 s37; 2010 c21 s5

Back to Top

Recovery of fees

      38. A person practising as an architect is not entitled to recover a charge or fee in a court of law for the provision of architectural services unless licensed under this Act at the time the service was performed.

2008 cA-15.1 s38

Back to Top

False representation

      39. A person who makes or produces a false declaration or false representation, either orally or in writing, for the purpose of being licensed under this Act shall have his or her licence cancelled and his or her name removed from the register where registered or shall be refused a licence or registration where not licensed or registered.

2008 cA-15.1 s39

Back to Top

Misrepresentation

      40. (1) A person other than a person who is entitled to do so under this Act shall not

             (a)  use the title of "architect" or make use of an abbreviation of a title or of a name, title or designation that might lead to the belief that the person is an architect or member of the association;

             (b)  advertise or hold himself or herself out as an architect or member of the association;

             (c)  act in a manner as to lead to the belief that he or she is authorized to fill the office of or to act as an architect;

             (d)  use the words "architecture" or "architectural" either singly or in connection with another word in describing or referring to his or her functions and services, other than where used to describe building materials and trades; or

             (e)  engage in the provision of architectural services.

             (2)  A person who has been given an honorary title or other form of recognition shall not solely on that basis provide architectural services.

2008 cA-15.1 s40

Back to Top

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.

2008 cA-15.1 s41; 2010 c21 s6

Back to Top

Evidence

      42. A certificate from the registrar stating that a licence is valid or that the name of an architect is recorded in the register is receivable in evidence as, in the absence of evidence to the contrary, proof of the contents of it and of the signature and character of the person signing.

2008 cA-15.1 s42

Back to Top

RSNL1990 cA-15 Rep.

      43. The Architects Act is repealed.

2008 cA-15.1 s43

Back to Top

Commencement

      44. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Jul. 2/10)

2008 cA-15.1 s44