|
5 |
|
|
First
Session, 46th General Assembly 57
Elizabeth II, 2008 |
|
AN ACT RESPECTING
ARCHITECTS |
|
Received and Read the First Time................................................................................................... |
|
Second |
|
Committee............................................................................................................................................ |
|
Third |
|
Royal Assent...................................................................................................................................... |
|
HONOURABLE
KEVIN O'BRIEN Minister
of Government Services |
|
Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTE This Bill would revise the law respecting architects and the provision of architectural services in the province. |
A AN ACT RESPECTING ARCHITECTS 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 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. 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 (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. Institute
continued 3. (1) The
(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. 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. 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. 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). 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. 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. 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. 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. 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 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. 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 it employs an
architect licensed under the Act. 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. 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. 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. 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. 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 Registrar of the Supreme Court. (9) Subsections (4), (5) and (6) apply to the
Crown. 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. 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. 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. 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 18(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. 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 18(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. 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. 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. 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. 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. 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. 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
Registrar of the Supreme Court. (2) Where a certificate filed with the Registrar
of the Supreme Court 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 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
Registrar of the Supreme Court. (2) An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise. 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. 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; (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. 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. 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 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 for a maximum of 20
people 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 60 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 regardless of occupancy type,
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 60 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. 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. 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) Where an architect licensed under this Act is
an employee of a partnership, firm or corporation that offers, or holds itself
out as offering, architectural services, the name of the partnership, firm or corporation
shall appear on the seal or stamp together with that of the architect. 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. 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. 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. Offence 41. A
person who contravenes section 40 is guilty of
an offence and is liable upon summary conviction (a) for a first 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. 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. RSNL1990 cA-15
Rep. 43. The Architects Act is repealed. Commencement 44. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. ŠEarl G. Tucker, Queen's Printer |