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Statutes of Newfoundland 1995


CHAPTER A-5

CHAPTER A-5.1

AN ACT TO AMEND THE ARCHITECTS ACT, THE CHARTERED ACCOUNTANTS ACT, THE
DIETICIANS ACT, THE EMBALMERS AND
FUNERAL DIRECTORS ACT, THE ENGINEERS AND GEOSCIENTISTS ACT, THE LAND
SURVEYORS ACT, 1991, THE PRIVATE
INVESTIGATION AND SECURITY SERVICES ACT AND THE PSYCHOLOGISTS ACT

(Assented to May 31, 1995)

Analysis

1. Short title
ARCHITECTS ACT

2. S.2 Amdt.
Definitions

3. S.17 Amdt.
Certificate of registration, etc.

4. S.21 Amdt.
Licences

5. S.23 Amdt.
Certificate of approval

6. S.24 R&S
Qualification for certificate

7. S.25 R&S
Non-resident group
CHARTERED
ACCOUNTANTS ACT

8. S.21 Amdt.
Accounting designation of firms outside of province DIETICIANS ACT

9. S.13 Amdt.
Membership

EMBALMERS AND FUNERAL DIRECTORS ACT

10. S.11 Amdt.
Regulations
ENGINEERS AND GEOSCIENTISTS ACT

11. S.27 Amdt.
Approval by the board of examiners
LAND SURVEYORS ACT, 1991

12. S.25 Amdt.
Certificate of authorization PRIVATE
INVESTIGATION AND SECURITY SERVICES ACT

13. S.10 Amdt.
Agency licence
PSYCHOLOGISTS ACT

14. S.10 Amdt.
Transitional registration provision

15. 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 Agreement on Internal Trade Amendment Act.

ARCHITECTS ACT

RSN1990
cA-15

2. Paragraph 2(i) of the Architects Act is repealed and the following substituted:

(i) "licence" means a licence issued under section 21 to a person not resident in Canada who practises architecture in the province;

3. Subsection 17(1) of the Act is amended by deleting the phrase "in the province" and by substituting the phrase "in Canada".

4. Subsection 21(1) of the Act is amended by deleting the words "resident within the province" and by substituting the words "resident within Canada".

5. Subsection 23(1) of the Act is amended by deleting the word "resident" and by inserting immediately after the word "corporation" where it appears the 1st time, the phrase "resident in Canada".

6. Section 24 is repealed and the following substituted:

Qualification for certificate

24. (1) Notwithstanding subsection 23(1), the council shall issue a certificate of approval to a partnership or firm resident in Canada where the council is satisfied in writing that

(a) 1 of the principal and customary functions of the partnership or firm is to practise architecture;

(b) the practice of architecture is the responsibility of, and is carried out under the supervision of, a partner in the partnership, or a principal of the firm who is registered or licensed to practise architecture in the province; and

(c) 2/3 of the partners of the partnership or 2/3 of the principals of the firm are qualified to practise in the design professions.

(2) The council shall issue a certificate of approval to a corporation resident in Canada, where it is satisfied in writing that

(a) 1 of the principal and customary functions of the corporation is to practise architecture;

(b) the practice of architecture is the responsibility of, and is carried out under the supervision of, a director of the corporation who is registered or licensed to practise architecture in the province;

(c) 2/3 or more of the directors of the corporation are qualified to practise in a design profession, where the corporation has 3 or more directors or, where the corporation has less than 3 directors, at least 1 of the directors is registered or licensed to practise architecture in the province; and

(d) in respect of the issued shares of each class of shares of the corporation

(i) not less than 51% of those shares are beneficially owned by and registered in the name of the directors referred to in paragraph (c), or

(ii) 100% of those shares are beneficially owned by persons who are registered or licensed to practise architecture in the province.

(3) The council shall issue a certificate of approval to a partnership, firm or corporation that is not a resident in Canada where it is satisfied that the partnership, firm or corporation has, in addition to the requirements of subsection (1) or (2), fulfilled the requirements of section 25.

(4) Where a corporation described in subsection (2) has less than 3 directors, at least 1 of those directors must be registered or licensed to practise architecture in the province.

7. Section 25 of the Act is repealed and the following substituted:

Non-resident group

25. A partnership, firm or corporation not resident in Canada wishing to practise architecture in the province under its own name must, in addition to the requirements of section 24, satisfy the council that each of the partners, principals or directors of the partnership, firm or corporation who are registered as architects in the jurisdiction in which the partnership, firm or corporation normally carries on business have been granted licences to practise architecture in this province.

CHARTERED ACCOUNTANTS ACT

RSN1990
cC-9

8. (1) Subsection 21(1) of the Chartered Accountants Act is amended by deleting the comma and all words after the phrase "members of the institute".

(2) Subsection 21(2) of the Act is amended by deleting the words "who permanently lives in the province".

(3) Subsection 21(3) of the Act is amended by deleting the words "who permanently lives in the province".

DIETICIANS ACT

RSN1990
cD-23

9. Section 13 of the Dieticians Act is amended by deleting the words "the province" and by substituting the word "Canada".

EMBALMERS AND FUNERAL DIRECTORS ACT

RSN1990
cE-7

10. Paragraph 11(g) of the Embalmers and Funeral Directors Act is amended by deleting the words "the province" and by substituting the word "Canada".

ENGINEERS AND GEOSCIENTISTS ACT

RSN1990
cE-12

11. (1) Paragraph 27(1)(a) of the Engineers and Geoscientists Act is repealed.

(2) Paragraph 27(2)(a) of the Act is amended by deleting the phrase "but is not a resident of this province".

(3) Paragraph 27(2)(b) is amended by deleting the words "province, state or country" and by substituting the word "jurisdiction".

LAND SURVEYORS ACT, 1991

1991 c37

12. Subsection 25(1) of the Land Surveyors Act, 1991 is amended by deleting the words "the province" and by substituting the word "Canada".

PRIVATE INVESTIGATION AND SECURITY SERVICES ACT

RSN1990
cP-24

13. Paragraph 10(1)(c) of the Private Investigation and Security Services Act is amended by deleting the words "the province" and by substituting the word "Canada".

PSYCHOLOGISTS ACT

RSN1990
cP-34

14. Paragraph 10(c) of the Psychologists Act is amended by deleting the words "the province" and by substituting the word "Canada".

COMMENCEMENT

Commencement

15. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

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