RSNL1990 CHAPTER A-15 - ARCHITECTS ACT - Point in Time

Short title

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

1978 c64 s1

Definitions

2. In this Act

(a) "architect" means a person registered or licensed under this Act to engage in the practice of architecture;

(b) "association" means the Newfoundland Association of Architects;

(d) "by-laws" means the by-laws of the association;

(e) "certificate of approval" means a certificate of approval issued under section 23;

(f) "certificate of registration" means a certificate issued by the registrar under section 17;

(g) "council" means the Executive Council of the association;

(h) "design profession" includes the professional practice of architecture or engineering, landscape architecture, town planning, environment planning, interior design and related professions but does not include the practice of drafting;

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

(j) "member" means a registered member of the association but does not include a person holding a licence, or a student or associate member;

(k) "practice of architecture" includes the planning, designing and co-ordination of the erection, construction, enlargement or alteration of buildings but does not include the work done by a drafter, student, clerk of works, superintendent or other employee of a registered architect, or a superintendent of buildings paid by the owner and acting under the direction and control of an architect;

(l) "register" means the Newfoundland Architects Register referred to in section 11;

(m) "registrar" means the registrar of the association; and

(n) "registration" means the admission of a person to membership in the association and the enrolment of that person's name in the register.

1978 c64 s2; 1995 cA-5.1 s2

Continuation of association

3. The Newfoundland Association of Architects is continued as a corporation.

1978 c64 s3

Head office

4. The head office of the association shall be at the City of St. John's .

1978 c64 s4

Objects of association

5. 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 practice of architecture;

(c) to establish and maintain classes, schools, lectures and exhibitions in architecture and the allied arts and sciences; and

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

1978 c64 s5

Powers of association

6. The association may, to further its objects,

(a) acquire assets and property both real and personal by way of purchase, lease, grant, hire, exchange or otherwise and dispose of the property;

(b) provide for the management of its property and effects and of its affairs and business;

(c) borrow money for the purpose of carrying out the objects of the association and give security for money borrowed on its real or personal property by way of mortgage, pledge, charge or otherwise;

(d) invest the money of the association, not immediately required for its objects, in a manner that it may determine;

(e) fix and collect the annual dues payable to it by its members and suspend members in arrears of dues;

(f) receive gifts, donations and bequests from persons, associations or corporate bodies and make gifts or donations for the promotion of the objects of the association; and

(g) do all matters and things, including the employment of staff and other persons, that may be necessary or desirable for exercising the powers conferred by this Act or powers incidental to the Act.

1978 c64 s6

By-laws

7. (1) The association may make by-laws that are necessary or desirable for the attainment of its objects or for the proper implementation of its powers.

(2) A by-law, amendment or revocation of one may be made at a general meeting of the association if

(a) notice of the by-law, amendment or revocation is given in writing to voting members of the association at least 1 month before the meeting at which the by-law, amendment or revocation of it is to be made, cancelled or revoked; and

(b) 2/3 of the voting members of the association vote in person or by proxy in favour of the by-law, amendment or revocation.

1978 c64 s7

Membership

8. (1) All persons who

(a) hold a certificate of registration; and

(b) have paid the annual dues for membership fixed in accordance with the by-laws,

are, notwithstanding anything in the by-laws, members of the association and have full voting rights.

(2) The association may, if the by-laws so provide, but subject to the terms, conditions and limitations, including conditions respecting voting rights that may be set out in the by-laws, appoint persons as associate members, student members, life members and to other types of membership in the association.

1978 c64 s8

Meetings

9. The association shall in the manner and at the time provided in the by-laws hold an annual general meeting in each year and may hold other general meetings that are required during each year.

1978 c64 s9

Registration board

10. (1) There shall be a board known as a registration board which shall ascertain and report to the council upon the qualifications of candidates for membership in the association.

(2) The board shall consist of

(a) a member of the association, appointed by the Lieutenant-Governor in Council, who holds office for a period of 3 years and who shall act as registrar; and

(b) 2 members of the association, elected in accordance with the by-laws at the annual meeting, who hold office for a period of 1 year.

(3) Where a vacancy occurs in the membership of the board as a result of death, retirement, resignation or incapacity of the member to act, the vacancy shall be filled

(a) in the case of a member appointed under paragraph (2)(a) by the appointment of a member of the association by the Lieutenant-Governor in Council; and

(b) in the case of a member elected under paragraph (2)(b) by the appointment of a member of the association by the council,

and a member appointed under paragraph (a) or (b) holds office until the end of the term of the member who has vacated.

1978 c64 s10

Register

11. The registrar shall keep a register known as the Newfoundland Architects Register, containing the name, address, qualifications and other matters prescribed by the regulations, of each person having the qualifications required for registration under this Act.

1978 c64 s11

Establishment and constitution

12. (1) There shall be a council known as the Executive Council of the association which shall consist of a president, a vice-president, a secretary-treasurer, an immediate past-president and the number of elected councillors of the association that are fixed by the by-laws.

(2) The president, vice-president, secretary-treasurer and councillors shall be elected at the annual meeting of the association by a majority vote of the members taken in accordance with the by-laws and hold office until the adjournment of the next annual meeting.

(3) A member is not eligible to be elected to the office of president, vice-president and secretary-treasurer for more than 2 consecutive years in 1 office and a member is not eligible to be elected councillor for more than 3 consecutive years.

(4) The president shall act as presiding officer at meetings of the council and of the association, voting only when the votes are evenly divided, and the vice-president has the powers of the president during the absence of the latter.

(5) The president, upon retirement from office, holds office as a member of the council as past-president until the retirement from office of the member elected to succeed as president.

(6) The council shall carry on and implement the general management of the affairs of the association and shall do so in accordance with this Act, the by-laws and regulations.

(7) The council may appoint committees from the membership of the association to carry out the duties and functions that the council may direct.

1978 c64 s12

Registrar

13. The council shall nominate a member of the association to be appointed as registrar in accordance with paragraph 10(2)(a).

1978 c64 s13

Secretary-treasurer

14. (1) The secretary-treasurer elected under subsection 12(2) shall be secretary of the association.

(2) Subject to the supervision, direction and control of council, the secretary-treasurer is responsible for controlling matters relating to the finances of the association, including receipt of money paid to the association, or a member on behalf of the association, and for making disbursements on behalf of the association.

1978 c64 s14

Regulations

15. The council may make regulations

(a) respecting the holding of meetings including the place, time and order of business at the meetings;

(b) governing the election of the members of the council including the taking, receiving, recording and counting of votes of members, with power to prescribe that votes may be taken by post, or proxy, and the manner of taking the votes;

(d) respecting the registration of persons and licensing of non-residents;

(e) respecting the issuing and renewal of licences and terms and conditions upon which the licences may be granted;

(f) respecting the type and amount of experience and course of studies required for registration;

(g) providing for the maintenance of the register and the form and content of it;

(h) respecting the requirements of age and period of residency within the province for membership in the association;

(i) prescribing the form and contents of certificates of registration and certificates of approval;

(j) prescribing the charge payable for registration under this Act, and fixing the amount of the charge;

(k) respecting the recognition of schools of architecture, courses and examinations for purposes of registration;

(l) governing the recognition of associations of architects in other provinces and other countries;

(m) governing the disciplining of architects, and the cancellation or suspension of, certificates and licences issued under this Act, and of the rights to practise;

(n) for the establishment and enforcement of a code of ethics;

(o) suggesting fees or charges to be made by architects for services rendered by them; and

(p) generally, to give effect to the purpose of this Act.

1978 c64 s15

Entitlement for charges

16. A person

(a) who is a graduate of a school of architecture recognized by the council, and has worked as an assistant for not less than 2 years after graduation under a registered architect in Canada and has acquired the experience prescribed by the council and has passed an examination set by the council;

(b) who has served or worked as a student or assistant under a registered architect in Canada for not less than 8 years, and has acquired the experience and completed the studies prescribed by the council and has passed examinations set by the council;

(c) who is currently registered with an association of architects in another province of Canada, and provides evidence by examination or otherwise of understanding this Act and the by-laws of the association and other laws of the province that in the opinion of the council are applicable to the practice of architecture; or

(d) who is currently registered as an architect with an association of architects in another country, where, in the opinion of the council, the qualifications are satisfactory to permit the proper practice of architecture, and has passed the examination that the council considers necessary,

is entitled to registration in the register upon payment of the charge prescribed by the council.

1978 c64 s16

Certificate of registration, etc.

17. (1) A person resident in Canada who is registered in accordance with this Act may apply, accompanied by the prescribed charge, to the registrar for, and has the right to obtain from the registrar, a certificate of registration.

(2) The holder of a certificate of registration is entitled to engage in the practice of architecture within the province, and to recover from a person in a court having jurisdiction reasonable charges for the provision of architectural services supplied by the holder of that certificate.

(3) A certificate issued under this section expires on January 15 next following the day upon which it was issued, unless sooner revoked.

1978 c64 s17; 1995 cA-5.1 s3

Trial Division

18. (1) A person aggrieved by a refusal of the council to register that person's name in the register may, within 30 days after the receipt of notice of the refusal, appeal against the refusal to a judge of the Trial Division by filing in the office of the Registrar of the Supreme Court a notice of appeal, and by serving a copy upon the president.

(2) Notwithstanding a rule or practice to the contrary, the notice of appeal shall

(a) set out in detail the allegations of the appellant and the grounds upon which the refusal to register is appealed against; and

(b) be signed by the appellant or the appellant's solicitor.

(3) The appellant shall, within 14 days after service of the notice of appeal under this section, apply to the judge for an appointment of a day for the hearing of the appeal and shall not less than 14 days before the hearing serve upon the council a written notice of the day appointed for the hearing.

(4) The registrar shall produce to the judge hearing the appeal all papers and documents in the possession of the council affecting the subject matter of the appeal.

(5) The judge shall hear the appeal and the evidence brought forward by the appellant and the council and shall decide the matter of the appeal

(a) by upholding or revoking the refusal to register; or

(b) by making other decisions or an order that the judge considers to be appropriate in the interest of justice and equity,

and the judge may make orders as to costs for or against the appellant or the council and fix the amount.

1978 c64 s18

Court of Appeal

19. An appeal may be taken to the Court of Appeal from the decision of the judge of the Trial Division upon a point of law raised at the hearing, and the rules governing appeals to that court from a decision of a judge of the Trial Division apply to appeals under this section.

1978 c64 s19

Implementation

20. The registrar shall implement the decision of the judge hearing the appeal under section 18 or of the Court of Appeal on an appeal taken under section 19, and the council shall comply with the terms of an order made by the judge of the Trial Division or Court of Appeal.

1978 c64 s20

Licences

21. (1) A person, not being resident within Canada, who otherwise qualifies for registration under this Act and is a member of an association of architects recognized by the council, may apply to the registrar for, and upon approval by council the registrar shall issue, a licence to practise architecture within the province for 1 or more projects subject to the terms and conditions that may be prescribed by the council.

(2) An application under subsection (1) shall be accompanied by the prescribed charge.

(3) A licence is renewable upon the terms and conditions that may be prescribed by council and is valid for the period stated in the licence or a renewal granted of it.

(4) A person aggrieved by the refusal of council to approve an application for a licence may appeal in accordance with section 18 and that section and sections 19 and 20 apply with the necessary changes.

1978 c64 s21; 1995 cA-5.1 s4

Exclusion from membership

22. A partnership, firm or corporation shall not be granted membership in the association or be licensed to practise architecture in the province.

1978 c64 s22

Certificate of approval

23. (1) The council shall, upon application accompanied by the prescribed charge, issue a certificate of approval to a partnership, firm or corporation resident in Canada which certificate of approval entitles the partnership, firm or corporation to practise architecture in its own name.

(2) A certificate of approval is valid for the calendar year in which it is issued.

(3) Notwithstanding subsection (2) where, in respect of a partnership, firm or corporation referred to in subsection (1), a change occurs

(a) in the partners of the partnership;

(b) in the principals of the firm; or

the certificate of approval is revoked by the change but nothing in this Act prevents the partnership, firm or corporation from applying to the council for another certificate.

1978 c64 s23; 1995 cA-5.1 s5

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.

1995 cA-5.1 s6

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.

1995 cA-5.1 s7

Comprehensive services

26. An individual registered or licensed under this Act, or a partnership, firm or corporation entitled to practise architecture in this province in its own name, may practise architecture as a member of or associated with a comprehensive service, which may include construction, landscaping, surveying, soil testing and analysis, or another service related to the erection, construction, enlargement or alteration of buildings.

1978 c64 s26

Disciplinary hearings

27. (1) Where the council is of the opinion or has reasonable cause to believe that an architect has committed professional misconduct, or is guilty of negligence in the practice of architecture or is guilty of misconduct in the execution of his or her duties as a member or officer of the association, the council may, after full inquiry,

(a) revoke the certificate or licence of the architect, remove the name of the architect from the register, and fix a period at the end of which the architect may make application under this Act;

(b) suspend the licence or certificate of the architect for a period that the council thinks reasonable;

(d) impose conditions or limitations on the architect in carrying out the practice of architecture.

(2) For the purposes of an inquiry under this section, the council has the powers that are or may be conferred upon commissioners under the Public Inquiries Act.

(3) The architect who is the subject of an inquiry under this section is entitled to appear and be heard in person or by counsel or agent of his or her choice.

1978 c64 s27

Appeal

28. (1) An architect aggrieved by a decision of the council under section 27 may appeal to a judge of the Trial Division within 30 days after the decision of the council by filing in the office of the Registrar of the Supreme Court a notice of appeal and serving a copy of the notice on the president.

(2) Sections 18 to 20 apply with the necessary changes to appeals under this section.

1978 c64 s28

Entitlement to Act

29. Except as otherwise provided in this Act, only persons who comply with this Act, the by-laws and regulations and who are either members of the association registered as members under this Act or issued a licence by the registrar under this Act are 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 their functions and services, other than where used to describe building materials and trades; or

(c) to engage or offer to engage in the practice of architecture for fees or commission or for a direct or indirect payment or profit or hope of reward, where the practice relates to the erection, construction, enlargement or alteration of buildings classified under the occupancy classifications as set out in the schedule.

1978 c64 s29

Owner exemption

30. (1) Nothing in this Act prohibits a person from doing the work included in the practice of architecture as defined in paragraph 2(k) where that work is done in or in preparation for the erection, construction or enlargement or alteration of a building of which that person is the owner where the work does not involve the safety of the general public or property of others.

(2) A person referred to in subsection (1) shall not use the title or term "architect" or "architectural service" or a similar term, unless that work is done by an owner who is an architect registered or licensed in the province.

1978 c64 s30

Saving for P. Eng.

31. This Act does not apply to a member or licensee of the Newfoundland Professional Engineering Association or the holder of a certificate of authorization issued by that association, or an employee or person working under the responsibility of the member, licensee or certificate holder, who confines his or her practice to engineering within the meaning of theEngineers and Geoscientists Act.

1978 c64 s31

Not architect

32. A member, licensee, certificate holder, employee or person referred to in section 31 shall not style nor hold himself or herself out as an architect unless that person is an architect registered or licensed in the province.

1978 c64 s32

Seal or stamp

33. (1) An architect registered under this Act shall have a seal or stamp, containing the name of the architect and the words "Member Newfoundland Association of Architects", with which the architect shall seal or stamp all working drawings issued from his or her office.

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

1978 c64 s33

Recovery of fees

34. A person practising as an architect is not entitled to recover a charge or fee in a court of law for a service included within the practice of architecture as defined in paragraph 2(k) unless registered or licensed under this Act at the time the service was performed.

1978 c64 s34

False representation

35. (1) A person who makes or produces a false declaration or false representation, either orally or in writing, for the purpose of being registered in the register shall have his or her name removed from the register where registered or shall be refused registration where not registered.

(2) A member of the association who knowingly helps a person under subsection (1) is subject to disciplinary action under section 27.

1978 c64 s35

Misrepresentation

36. 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 practice of architecture.

1978 c64 s36

Offence

37. A person who contravenes section 36 is guilty of an offence and is liable upon summary conviction

(a) for a 1st offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months, or to both a fine and imprisonment; and

(b) for a subsequent offence, to a fine of not less than $2,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months, or to both a fine and imprisonment.

1978 c64 s37

Evidence

38. A certificate from the registrar under seal of the association stating that a licence, a certificate of registration or a certificate of approval 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.

1978 c64 s39

Schedule

(Section 29)

(A) Assembly occupancy, where the proposed public occupancy is 50 persons or more, and including

1. Amusement park structures

2. Arenas

3. Armouries

4. Art galleries

5. Auditoria

6. Bleachers

7. Bowling alleys

8. Churches and similar places of worship

9. Clubs, non-residential

10. Community halls

11. Court houses

12. Dance halls

13. Exhibition halls

14. Grandstands

15. Gymnasia

16. Ice rinks

17. Lecture halls

18. Libraries

19. Licensed beverage establishments

20. Lodge rooms

21. Museums

22. Passenger stations and depots

23. Recreational piers

24. Restaurants

25. Reviewing stands

26. Schools and colleges

27. Stadia

28. Swimming pools, indoor with spectator seating

29. Undertaking premises

(B) Institutional occupancy and including

1. Children's custodial homes

2. Convalescent homes

3. Homes for the aged

4. Hospitals

5. Infirmaries

6. Jails

7. Orphanages

8. Penitentiaries

9. Police stations

10. Prisons

11. Psychiatric hospitals

12. Reformatories

13. Sanatoria

1. Apartments

2. Boarding

3. Clubs, residential

4. Convents

5. Dormitories

6. Hotels

7. Houses

8. Lodging houses

9. Monasteries

10. Motels

11. Motor hotels

12. Schools and colleges, residential

(D) Business and personal service occupancy, where the proposed floor area is 3,000 square feet or more and including

1. Banks

2. Barber and hairdressing shops

3. Beauty parlours

4. Dental offices and clinics

5. Dry cleaning, self service

6. Fire stations

7. Laundry, self service

8. Medical offices and clinics

9. Offices

10. Radio and television stations and studios

11. Small tool and appliance rental and service

12. Telephone exchanges

(E) Mercantile occupancy, where the proposed public area is 3,000 square feet or more including

1. Department stores

2. Markets

3. Shops

4. Stores

5. Supermarkets

1978 c64 Sch