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PLITICAL
DATA

Architects Act

Architects Act, R.S.O. 1990, c. A.26

Ontario· R.S.O. 1990, c. A.26· 57 sections· current to 2025-01-01In force
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Sections80

  • 1.Definitions

    1. In this Act, “Academic Requirements Committee” means the academic requirements committee appointed pursuant to the regulations; (“comité de vérification des diplômes”) “architect” means the holder of a licence, a limited licence, a certificate of practice or a temporary licence; (“architecte”) “architectural services” means services that are part of or are related to the practice of architecture; (“services d’architecte”) “Association” means the Ontario Association of Architects; (“Ordre”) “building” means a structure consisting of a wall, roof and floor, or any one or more of them; (“bâtiment”) “by-laws” means by-laws made under this Act; (“règlements administratifs”) “certificate of practice” means a certificate of practice to engage in the practice of architecture issued under this Act; (“certificat d’exercice”) “Complaints Review Councillor” means the complaints review councillor …

  • 2Association

    2 (1) The Ontario Association of Architects, a body corporate, is continued as a corporation without share capital under the name Ontario Association of Architects in English and Ordre des architectes de l’Ontario in French. R.S.O. 1990, c. A.26, s. 2 (1). Principal object (2) The principal object of the Association is to regulate the practice of architecture and to govern its members, holders of certificates of practice and holders of temporary licences in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected. R.S.O. 1990, c. A.26, s. 2 (2). Additional objects (3) For the purpose of carrying out its principal object, the Association has the following additional objects: 1. To establish, maintain and develop standards of knowledge and skill among its members. 2. To establish, maintain and develop standards of qualification…

  • 2.
  • 3.Council

    3. (1) The Council of the Association is continued and shall be the governing body and board of directors of the Association and shall manage and administer its affairs. R.S.O. 1990, c. A.26, s. 3 (1). Composition of Council (2) The Council shall be composed of, (a) not fewer than twelve and not more than twenty persons who are members of the Association and who are elected by the members of the Association as provided by the regulations; (b) not fewer than three and not more than five persons who are not members of the governing body of a self-regulating licensing body under any other Act or licensed under this Act and who are appointed by the Lieutenant Governor in Council; and (c) the immediate past president of the Council, if he or she is not an elected member of the Council. R.S.O. 1990, c. A.26, s. 3 (2). Same (3) No person shall be elected or appointed to the Council unless he or…

  • 4.Annual meetings

    4. (1) The Association shall hold an annual meeting of the members of the Association not more than fifteen months after the holding of the last preceding annual meeting. R.S.O. 1990, c. A.26, s. 4 (1). Proxies (2) A member of the Association entitled to vote at a meeting of members of the Association may, by means of a proxy, appoint a member as his or her nominee, to attend and act at the meeting in the manner, to the extent and with the power conferred by the proxy. R.S.O. 1990, c. A.26, s. 4 (2).

  • 5.Membership

    5. (1) Every holder of a licence or limited licence is a member of the Association, subject to any term, condition or limitation to which the licence is subject. R.S.O. 1990, c. A.26, s. 5 (1); 2024, c. 2, Sched. 1, s. 2 (1). Resignation of membership (2) A member may resign his or her membership by filing with the Registrar his or her resignation in writing and the member’s licence or limited licence is thereupon cancelled, subject to the continuing jurisdiction of the Association in respect of any disciplinary action arising out of his or her professional conduct while a member. R.S.O. 1990, c. A.26, s. 5 (2); 2024, c. 2, Sched. 1, s. 2 (2). Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 1, s. 2 (1, 2) - 01/01/2025

  • 6.Powers of Minister

    6. In addition to his or her other powers and duties under this Act, the Minister may, (a) review the activities of the Council; (b) request the Council to undertake activities that, in the opinion of the Minister, are necessary and advisable to carry out the intent of this Act; (c) advise the Council with respect to the implementation of this Act and the regulations and with respect to the methods used or proposed to be used by the Council to implement policies and to enforce its regulations and procedures. R.S.O. 1990, c. A.26, s. 6.

  • 7Regulations

    7 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations, 1. fixing the number of members to be elected to the Council under clause 3 (2) (a) and defining constituencies, and prescribing the number of representatives of each constituency; 2. respecting and governing the qualifications, nomination, election and term or terms of office of the members to be elected to the Council, and controverted elections; 3. prescribing the conditions disqualifying elected members from sitting on the Council and governing the filling of vacancies on the Council; 4. providing for the election of a president, vice-presidents and a treasurer from among the elected members of the Council; 5. respecting the composition of the committees required by this Act, other than the Complaints Committee and the Discipline Committee, the …

  • 7.
  • 8By-laws

    8 (1) The Council may pass by-laws relating to the administrative and domestic affairs of the Association not inconsistent with this Act and the regulations and, without limiting the generality of the foregoing, 1. prescribing the seal of the Association; 2. providing for the execution of documents by the Association; 3. respecting banking and finance; 4. fixing the financial year of the Association and providing for the audit of the accounts and transactions of the Association; 5. respecting the calling, holding and conducting of meetings of the Council and the duties of members of Council; 6. respecting the form and content of proxies, the deposit of proxies with the Association and the manner and proof of revocation of proxies; 7. providing for meetings of the Council and committees, except in a proceeding in respect of a licence, limited licence, certificate of practice or temporary …

  • 8.
  • 9.Committees

    9. (1) The Council shall establish and appoint the following committees: (a) Executive Committee; (b) Academic Requirements Committee; (c) Experience Requirements Committee; (d) Registration Committee; (e) Complaints Committee; (f) Discipline Committee; (g) Fees Mediation Committee, and may establish such other committees as the Council from time to time considers necessary. R.S.O. 1990, c. A.26, s. 9 (1). Vacancies (2) Where one or more vacancies occur in the membership of a committee, the members remaining in office constitute the committee so long as their number is not fewer than a quorum of the committee. R.S.O. 1990, c. A.26, s. 9 (2).

  • 10.Executive Committee

    10. (1) The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council, other than to make, amend or revoke a regulation or a by-law. R.S.O. 1990, c. A.26, s. 10 (1). Urgent matters (2) Subject to ratification by the Council at its next meeting, the Executive Committee may take action upon any other matter that requires immediate attention between meetings of the Council, other than to make, amend or revoke a regulation or a by-law. R.S.O. 1990, c. A.26, s. 10 (2).

  • 11.Who may engage in practice of architecture

    11. (1) No person shall engage in the practice of architecture or hold himself, herself or itself out as engaging in the practice of architecture unless, (a) the person is the holder of a licence or limited licence under this Act; (b) the person is the holder of a certificate of practice or the person is doing so as a member of a partnership that holds a certificate of practice; or (c) the person is the holder of a temporary licence under this Act. R.S.O. 1990, c. A.26, s. 11 (1); 2010, c. 16, Sched. 2, s. 1 (4); 2024, c. 2, Sched. 1, s. 5. Who may provide service to public (2) No person shall provide to a member of the public a service that is part of the practice of architecture except under and in accordance with a certificate of practice or a temporary licence. R.S.O. 1990, c. A.26, s. 11 (2). Exception (3) Subsections (1) and (2) do not apply to, (a) the preparation or provision of …

  • 12Corporation, partnership

    12 A corporation or partnership that holds a certificate of practice may engage in the practice of architecture. 2010, c. 16, Sched. 2, s. 1 (5). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (5) - 25/10/2010

  • 12.
  • 13.Issuance of licence

    13. (1) The Registrar shall issue a licence to a natural person who applies therefor in accordance with the regulations and, (a) is of good character; (b) is not less than eighteen years of age; (c) is a citizen of Canada or has the status of a permanent resident of Canada or is a member of an organization of architects that is recognized by the Council and that has objects, standards of practice and requirements for membership similar to those of the Association; (d) has complied with the academic and experience requirements specified in the regulations for the issuance of the licence subject to any exemption by the Council; and (e) has passed such examinations and completed such courses of study as the Council may set or approve in accordance with the regulations subject to any exemption by the Council. R.S.O. 1990, c. A.26, s. 13 (1); 2010, c. 16, Sched. 2, s. 1 (6); 2024, c. 2, Sched…

  • 13.1Limited licence

    13.1 (1) The Registrar shall issue a limited licence to a natural person who applies in accordance with the regulations and, (a) is of good character; (b) is not less than 18 years of age; (c) is a citizen of Canada or has the status of a permanent resident of Canada or is a member of an organization of architects that is recognized by the Council and that has objects, standards of practice and requirements for membership similar to those of the Association; (d) has complied with the academic and experience requirements specified in the regulations for the issuance of a limited licence, subject to any exemption by the Council; and (e) has passed such examinations and completed such courses of study as the Council may set or approve in accordance with the regulations, subject to any exemption by the Council. 2024, c. 2, Sched. 1, s. 7. Grounds for refusal to issue limited licence (2) The …

  • 14.Issuance of certificate of practice to corporation

    14. (1) The Registrar shall issue a certificate of practice to a corporation that applies therefor in accordance with the regulations if, (a) a majority of the directors of the corporation is composed of, (i) members of the Ontario Association of Architects, or (ii) members of the Ontario Association of Architects and members of the Association of Professional Engineers of Ontario; (b) at least 51 per cent, or such greater proportion as may be prescribed by the regulations, of the voting shares and of the value of all the shares of the corporation is directly or indirectly controlled and owned by, (i) members of the Ontario Association of Architects, or (ii) members of the Ontario Association of Architects and members of the Association of Professional Engineers of Ontario; (c) the primary function of the corporation is to engage in the practice of architecture; and (d) at least one of t…

  • 15.
  • 15Issuance of certificate of practice to partnership

    15 (1) The Registrar shall issue a certificate of practice to a partnership that proposes to engage in or hold itself out as engaging in the practice of architecture if the partnership applies for the certificate in accordance with the regulations and, (a) at least 51 per cent, or such greater proportion as may be prescribed by the regulations, of the voting interest and of the financial interest in the partnership is directly or indirectly held by, (i) one or more members of the Ontario Association of Architects, (ii) one or more members of the Association of Professional Engineers of Ontario, or (iii) one or more members of the Ontario Association of Architects and one or more members of the Association of Professional Engineers of Ontario; (b) in the case of a partnership to which subclause (a) (ii) applies, the partnership employs at least one member of the Ontario Association of Arc…

  • 16.
  • 16Repealed

    16 Repealed: 2010, c. 16, Sched. 2, s. 1 (12). Section Amendments with date in force (d/m/y) 2009, c. 34, Sched. B, s. 2 - 1/11/2001 2010, c. 16, Sched. 2, s. 1 (12) - 25/10/2010

  • 17.Issuance of certificate of practice to member of Association

    17. (1) The Registrar shall issue a certificate of practice to a member of the Association who applies therefor in accordance with the regulations. R.S.O. 1990, c. A.26, s. 17 (1). Refusal or revocation (2) The Registrar may refuse to issue a certificate of practice to a member of the Association or may suspend or revoke a certificate of practice held by a member of the Association where the Registrar is of the opinion, upon reasonable and probable grounds, that the member has not engaged in the practice of architecture during the period of five years preceding the date of the refusal or revocation. R.S.O. 1990, c. A.26, s. 17 (2).

  • 18.Issuance of certificate of practice to member of A.P.E.O.

    18. The Registrar shall issue a certificate of practice to a member of the Association of Professional Engineers of Ontario who applies therefor in accordance with the regulations and who, (a) holds a general certificate of authorization; and (b) employs at least one member of the Association who will personally supervise and direct on a full-time basis the practice of architecture by the holder of the certificate of practice. R.S.O. 1990, c. A.26, s. 18; 2010, c. 16, Sched. 2, s. 1 (13). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (13) - 25/10/2010

  • 19.Issuance of licence or certificate of practice on direction of Council

    19. The Registrar shall issue a licence, limited licence or certificate of practice upon a direction of the Council made in accordance with a recommendation by the Joint Practice Board. R.S.O. 1990, c. A.26, s. 19; 2024, c. 2, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 1, s. 8 - 01/01/2025 Refusal, revocation and suspension of certificates of practice

  • 20.
  • 20Refusal or revocation related to past conduct

    20 (1) The Registrar may refuse to issue a certificate of practice to a corporation, a partnership or a natural person, or may suspend or revoke a certificate of practice, where the Registrar is of the opinion, upon reasonable and probable grounds, that the past conduct, (a) in the case of a corporation, of an officer, director or employee of the corporation; (b) in the case of a partnership, of a member or employee of the partnership or of an officer, director or employee of a member of the partnership; or (c) Repealed: 2010, c. 16, Sched. 2, s. 1 (15). (d) in the case of a natural person, of the natural person, affords grounds for belief that the corporation, partnership or natural person, as the case may be, will not engage in the practice of architecture in accordance with the law and with honesty and integrity. R.S.O. 1990, c. A.26, s. 20 (1); 2010, c. 16, Sched. 2, s. 1 (14-16). Su…

  • 21.
  • 21Repealed

    21 Repealed: 2010, c. 16, Sched. 2, s. 1 (17). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (17) - 25/10/2010

  • 22.
  • 22Supervision by member

    22 (1) It is a condition of every certificate of practice held by a corporation or a partnership that the holder of the certificate of practice shall provide services that are within the practice of architecture only under the personal supervision and direction, on a full-time basis, of a member of the Association who is, (a) in the case of a corporation, an officer, director or employee of the corporation; or (b) in the case of a partnership, a member or employee of the partnership or an officer, director or employee of a member of the partnership. 2010, c. 16, Sched. 2, s. 1 (18). Professional responsibility of supervising member (2) A member of the Association who personally supervises and directs the practice of architecture by a holder of a certificate of practice is subject to the same standards of professional conduct and competence in respect of such practice of architecture as i…

  • 23.
  • 22.1Certificates of practice and limited licence holders

    22.1 It is a condition of every certificate of practice that is held by a limited licence holder, or under which a limited licence holder personally supervises and directs the practice of architecture, that the certificate is subject to the same terms, conditions and limitations to which the limited licence is subject. 2024, c. 2, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 1, s. 9 - 01/01/2025

  • 23Limited certificate of practice

    23 (1) The Registrar shall issue a certificate of practice, (a) to a corporation incorporated under the laws of a jurisdiction other than Ontario; (b) Repealed: 2010, c. 16, Sched. 2, s. 1 (19). (c) to a partnership formed under the laws of a jurisdiction other than Ontario, if the corporation or partnership is licensed or authorized to practise architecture by the jurisdiction other than Ontario, applies in accordance with the regulations and meets the requirements and qualifications set out in the regulations for the issuance of the certificate of practice. R.S.O. 1990, c. A.26, s. 23 (1); 2010, c. 16, Sched. 2, s. 1 (19-21). Conditions (2) Every certificate of practice issued under subsection (1) is subject to the conditions prescribed by the regulations. R.S.O. 1990, c. A.26, s. 23 (2). Limitation (3) A certificate of practice issued under subsection (1) is not valid except in respec…

  • 24.Temporary licence

    24. (1) The Registrar shall issue a temporary licence to a natural person who applies therefor in accordance with the regulations and who meets the requirements and qualifications for the issuance of the temporary licence set out in the regulations, whether or not the applicant is a Canadian citizen or has the status of a permanent resident of Canada. R.S.O. 1990, c. A.26, s. 24 (1). Grounds for refusal, suspension or revocation (2) The Registrar may refuse to issue or may suspend or revoke a temporary licence where the Registrar is of the opinion, upon reasonable and probable grounds, (a) that the past conduct of the applicant for or the holder of the temporary licence affords grounds for the belief that the applicant or holder will not engage in the practice of architecture in accordance with the law and with honesty and integrity; (b) that the applicant for or the holder of the tempor…

  • 26.
  • 25.Registrar’s proposal

    25. (1) Where the Registrar proposes, (a) to refuse an application for a licence, a limited licence, a certificate of practice or a temporary licence; (b) to suspend or revoke a certificate of practice or a temporary licence; or (c) to issue a licence, a limited licence, a certificate of practice or a temporary licence subject to terms, conditions or limitations, the Registrar shall serve notice of the proposal, together with written reasons therefor, on the applicant. R.S.O. 1990, c. A.26, s. 25 (1); 2024, c. 2, Sched. 1, s. 18. Exceptions (2) Subsection (1) does not apply in respect of a proposal to refuse to issue a licence, a limited licence, a certificate of practice or a temporary licence where, (a) the Academic Requirements Committee has determined that the applicant has not met the academic requirements set out in the regulations for the issuance of the licence, the limited licen…

  • 26Relationship between corporation or partnership and client

    26 A corporation or partnership that holds a certificate of practice has the same rights and is subject to the same obligations in respect of fiduciary, confidential and ethical relationships with each client of the corporation or partnership that exist at law between a member of the Association and his or her client. R.S.O. 1990, c. A.26, s. 26; 2010, c. 16, Sched. 2, s. 1 (23). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (23) - 25/10/2010

  • 28.
  • 27.Registers

    27. (1) The Registrar shall maintain one or more registers in which is entered every member of the Association and every holder of a certificate of practice or temporary licence, identifying the terms, conditions and limitations attached to the licence, limited licence, certificate of practice or temporary licence, and shall note on the register every revocation, suspension and cancellation or termination of a licence, limited licence, certificate of practice or temporary licence and such other information as the Registration Committee or Discipline Committee directs. R.S.O. 1990, c. A.26, s. 27 (1); 2024, c. 2, Sched. 1, s. 11, 18. Inspection (2) Any person has the right, during normal business hours, to inspect the registers maintained by the Registrar. R.S.O. 1990, c. A.26, s. 27 (2). Copies (3) The Registrar shall provide to any person, upon payment of a reasonable charge therefor, a…

  • 28Cancellation for default of fees

    28 (1) The Registrar may cancel a licence, limited licence, certificate of practice or temporary licence for non-payment of any fee prescribed by the by-laws after giving the member or the holder of the certificate of practice or temporary licence at least two months notice of the default and intention to cancel, subject to the continuing jurisdiction of the Association in respect of any disciplinary action arising out of the member’s or holder’s professional conduct while a member or holder. R.S.O. 1990, c. A.26, s. 28 (1); 2024, c. 2, Sched. 1, s. 18. Reinstatement (2) A person who was a member or a holder of a certificate of practice or temporary licence whose licence, limited licence, certificate of practice or temporary licence was cancelled by the Registrar under subsection (1) is entitled to have the licence, limited licence, certificate of practice or temporary licence reinstated…

  • 30.
  • 29.Complaints Committee

    29. (1) The Complaints Committee shall be composed of, (a) at least one member of the Council who was elected to the Council; (b) at least one member of the Council who was appointed to the Council by the Lieutenant Governor in Council; and (c) such other members of the Association as may be appointed by the Council. R.S.O. 1990, c. A.26, s. 29 (1). Same (2) No person who is a member of the Discipline Committee shall be a member of the Complaints Committee. R.S.O. 1990, c. A.26, s. 29 (2). Chair (3) The Council shall name one member of the Complaints Committee to be chair. R.S.O. 1990, c. A.26, s. 29 (3). Quorum (4) Three members of the Complaints Committee, of whom one shall be a person elected to the Council, constitute a quorum. R.S.O. 1990, c. A.26, s. 29 (4).

  • 30Powers and duties of Complaints Committee

    30 (1) The Complaints Committee shall consider and investigate complaints made by members of the public or members of the Association regarding the conduct or actions of any member of the Association or holder of a certificate of practice or a temporary licence, but no action shall be taken by the Committee under subsection (2) unless, (a) a written complaint has been filed with the Registrar and the member or holder whose conduct or actions are being investigated has been notified of the complaint and given at least two weeks in which to submit in writing to the Committee any explanations or representations the member or holder may wish to make concerning the matter; and (b) the Committee has examined or has made every reasonable effort to examine all records and other documents relating to the complaint. R.S.O. 1990, c. A.26, s. 30 (1). Same (2) The Committee in accordance with the inf…

  • 32.
  • 31.Complaints Review Councillor

    31. (1) There shall be a Complaints Review Councillor who shall be appointed by and from among the members of the Council appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. A.26, s. 31 (1). Same (2) The Complaints Review Councillor is not eligible to be a member of the Complaints Committee or the Fees Mediation Committee. R.S.O. 1990, c. A.26, s. 31 (2). Role of Complaints Review Councillor

  • 32Examination of procedures

    32 (1) The Complaints Review Councillor may examine from time to time the procedures for the treatment of complaints by the Association. R.S.O. 1990, c. A.26, s. 32 (1). Review of a complaint (2) Where a complaint respecting a member of the Association or a holder of a certificate of practice or a temporary licence has not been disposed of by the Complaints Committee within 150 days after the complaint is filed with the Registrar, upon application by the complainant or on his or her own initiative the Complaints Review Councillor may review the treatment of the complaint by the Complaints Committee. R.S.O. 1990, c. A.26, s. 32 (2); 2010, c. 16, Sched. 2, s. 1 (24). Same (3) A complainant who is not satisfied with the handling by the Complaints Committee of the complainant’s complaint to the Committee may apply to the Complaints Review Councillor for a review of the treatment of the compl…

  • 33.Discipline Committee

    33. (1) The Discipline Committee shall be composed of, (a) at least one person appointed to the Discipline Committee by the Council from among the members of the Council elected to the Council; (b) at least one person who is a member of the Council appointed by the Lieutenant Governor in Council; and (c) the persons appointed to the Discipline Committee by the Council from among the members of the Association who have not less than ten years experience in the practice of architecture. R.S.O. 1990, c. A.26, s. 33 (1). Quorum and votes (2) Three members of the Discipline Committee, of whom one shall be a person appointed to the Council by the Lieutenant Governor in Council, constitute a quorum, and all disciplinary decisions require the vote of a majority of the members of the Discipline Committee present at the meeting. R.S.O. 1990, c. A.26, s. 33 (2). Disability of member (3) Where the D…

  • 34.Powers and duties of Discipline Committee

    34. (1) The Discipline Committee shall, (a) when so directed by the Council or the Complaints Committee, hear and determine allegations of professional misconduct or incompetence against a member of the Association or a holder of a certificate of practice or a temporary licence; (b) hear and determine matters referred to it under section 30, 33 or 42; and (c) perform such other duties as are assigned to it by the Council. R.S.O. 1990, c. A.26, s. 34 (1). Professional misconduct (2) A member of the Association or a holder of a certificate of practice or a temporary licence may be found guilty of professional misconduct by the Committee if, (a) the member or holder has been found guilty of an offence relevant to the person’s suitability to practise, upon proof of such conviction; (b) the member or holder has been guilty in the opinion of the Discipline Committee of professional misconduct …

  • 35.Parties

    35. (1) In proceedings before the Discipline Committee, the Association and the member of the Association or holder of a certificate of practice or temporary licence whose conduct is being investigated in the proceedings are parties to the proceedings. R.S.O. 1990, c. A.26, s. 35 (1). Examination of documentary evidence (2) A member or holder of a certificate of practice or temporary licence whose conduct is being investigated in proceedings before the Discipline Committee shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. A.26, s. 35 (2). Members holding hearing not to have taken part in investigation, etc. (3) Members of the Discipline Committee holding a hearing shall not have taken part before the hearing in any investigat…

  • 36.Appeal to court

    36. (1) A party to proceedings before the Registration Committee or the Discipline Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee. R.S.O. 1990, c. A.26, s. 36 (1). Certified copy of record (2) Upon the request of a party desiring to appeal to the Divisional Court and upon payment of the fee therefor, the Registrar shall furnish the party with a certified copy of the record of the proceedings, including the documents received in evidence and the decision or order appealed from. R.S.O. 1990, c. A.26, s. 36 (2). Powers of court on appeal (3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all powers of the committee and may direct the committee to take any action which the committee…

  • 37.Fees Mediation Committee

    37. (1) No person who is a member of the Complaints Committee or the Discipline Committee shall be a member of the Fees Mediation Committee. R.S.O. 1990, c. A.26, s. 37 (1). Duties of Fees Mediation Committee (2) The Fees Mediation Committee, (a) shall, unless the Committee considers it inappropriate to do so, mediate any written complaint by a client of a member of the Association or of a holder of a certificate of practice or temporary licence in respect of a fee charged for architectural services provided to the client; and (b) shall perform such other duties as are assigned to it by the Council. R.S.O. 1990, c. A.26, s. 37 (2). Arbitration by Fees Mediation Committee (3) The Fees Mediation Committee, with the written consent of all parties to the dispute, may arbitrate a dispute in respect of a fee between a client and a member of the Association or a holder of a certificate of pract…

  • 38.Registrar’s investigation

    38. (1) Where the Registrar believes on reasonable and probable grounds that a member of the Association or a holder of a certificate of practice or temporary licence has committed an act of professional misconduct or incompetence, the Registrar by order may appoint one or more persons to investigate whether such act has occurred, and the person appointed shall report the result of his or her investigation to the Registrar. R.S.O. 1990, c. A.26, s. 38 (1). Powers of investigator (2) For purposes relevant to the subject matter of an investigation under this section, the person appointed to make the investigation may inquire into and examine the practice of the member or holder of the certificate of practice or temporary licence in respect of whom the investigation is being made and may, upon production of his or her appointment, enter at any reasonable time the business premises of the me…

  • 40.
  • 39.Information re insurance claims

    39. (1) In this section, “insurer” means a person offering insurance in respect of liability incurred in the practice of architecture. R.S.O. 1990, c. A.26, s. 39 (1). Same (2) Upon the request of the Registrar, an insurer shall furnish to the Registrar any information that is in the possession of the insurer and that is specified in the request related to a claim or claims for indemnity in respect of the practice of architecture. R.S.O. 1990, c. A.26, s. 39 (2). Exception (3) Subsection (2) does not apply in respect of a document prepared by an insured person related to a claim for indemnity in respect of the practice of architecture by the insured person. R.S.O. 1990, c. A.26, s. 39 (3). Transmittal of information (4) The Registrar may forward any information referred to in subsection (2) to the Council or to such committee as he or she considers appropriate. R.S.O. 1990, c. A.26, s. 3…

  • 40Professional liability insurance

    40 No member of the Association, holder of a certificate of practice or holder of a temporary licence shall engage in the practice of architecture unless the member or holder is, (a) insured against professional liability in accordance with the regulations; (b) insured, where required by the regulations, against professional liability by an insurance corporation referred to in subsection 2 (5), for the amounts of insurance that are prescribed by the regulations; or (c) exempted by the regulations from the requirements of clauses (a) and (b). 2001, c. 9, Sched. B, s. 1 (8). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 1 (8) - 15/01/2003

  • 41.Surrender of cancelled licence, etc.

    41. Where a licence, limited licence, certificate of practice or temporary licence is revoked or cancelled, the former holder thereof shall forthwith deliver the licence, limited licence, certificate of practice or temporary licence and related seal to the Registrar. R.S.O. 1990, c. A.26, s. 41; 2024, c. 2, Sched. 1, s. 18. Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 1, s. 18 - 01/01/2025

  • 42.Application for restoration

    42. (1) A person whose licence, limited licence, certificate of practice or temporary licence has been revoked for cause under this Act may apply in writing to the Registrar for the issuance of a licence, limited licence, certificate of practice or temporary licence, but such application shall not be made sooner than two years after the revocation. R.S.O. 1990, c. A.26, s. 42 (1); 2024, c. 2, Sched. 1, s. 14 (1), 18. Same (2) A person whose licence, limited licence, certificate of practice or temporary licence has been suspended for cause under this Act may apply in writing to the Registrar for the removal of the suspension, but, where the suspension is for more than one year, the application shall not be made sooner than one year after the commencement of the suspension. R.S.O. 1990, c. A.26, s. 42 (2); 2024, c. 2, Sched. 1, s. 14 (2), 18. Reference to Discipline Committee (3) The Regis…

  • 44.
  • 43.Confidentiality

    43. (1) Every person engaged in the administration of this Act, including any person making an examination or review under section 32 or an investigation under section 38, shall preserve secrecy with respect to all matters that come to the person’s knowledge in the course of his or her duties, employment, inquiry or investigation and shall not communicate any such matters to any other person except, (a) as may be required in connection with the administration of, (i) this Act and the regulations and by-laws, or (ii) the Professional Engineers Act and the regulations and by-laws under that Act, or any proceedings under, (iii) this Act or the regulations, or (iv) the Professional Engineers Act or the regulations under that Act; (b) to his or her counsel; or (c) with the consent of the person to whom the information relates. R.S.O. 1990, c. A.26, s. 43 (1). Testimony in civil action (2) No …

  • 44Use of word “architect” by corporation or partnership

    44 (1) A corporation or partnership whose name includes the word “architect” or “architecte” or a derivative or abbreviation of either word and that ceases to hold a certificate of practice shall not carry on or engage in any business until the word, derivative or abbreviation of “architect” or “architecte” is removed from the name of the corporation or partnership. R.S.O. 1990, c. A.26, s. 44 (1); 2010, c. 16, Sched. 2, s. 1 (25). Exception (2) Subsection (1) does not apply to prevent a corporation or partnership from carrying on an activity necessary to the winding up of the corporation or partnership. R.S.O. 1990, c. A.26, s. 44 (2); 2010, c. 16, Sched. 2, s. 1 (26). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (25, 26) - 25/10/2010

  • 46.
  • 45.Proceedings to prohibit continuation or repetition of contravention

    45. Where any provision of this Act or the regulations is contravened, despite any other remedy or any penalty imposed, the Association may apply to a judge of the Superior Court of Justice for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the court, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of the court. R.S.O. 1990, c. A.26, s. 45; 2001, c. 9, Sched. B, s. 1 (9). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 1 (9) - 29/06/2001

  • 46Penalties

    46 (1) Every person who contravenes section 11 is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $25,000 and for each subsequent offence to a fine of not more than $50,000. R.S.O. 1990, c. A.26, s. 46 (1). Same (2) Every person who is not a holder of a licence, certificate of practice or temporary licence and who, (a) uses the title “architect” or “architecte” as an occupational designation; (b) uses, (i) an addition to or an abbreviation of the title “architect” or “architecte”, (ii) an occupational designation, or (iii) a term, title, addition or description, that will lead to the belief that the person may engage in the practice of architecture; or (c) uses a seal that will lead to the belief that the person is an architect, is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $10,000 an…

  • 48.
  • 47.Falsification of certificate

    47. (1) Any person who makes or causes to be made any wilful falsification in any matter relating to a register or issues a false licence, limited licence, certificate of practice, temporary licence or document with respect to registration is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. A.26, s. 47 (1); 2024, c. 2, Sched. 1, s. 18. False representation, etc. (2) Every person who wilfully procures or attempts to procure the issuance of a licence, a limited licence, a certificate of practice or a temporary licence under this Act by knowingly making any false representation or declaration or by making a fraudulent representation or declaration, either orally or in writing, is guilty of an offence and on conviction is liable to a fine of not more than $10,000, and every person knowingly aiding and assisting the person therein is guilty …

  • 49.
  • 48Onus of proof

    48 If the holding of a licence, limited licence, certificate of practice or temporary licence, or acting under and in accordance with a certificate of practice, is required to permit the lawful doing of any act or thing, and in any prosecution it is proven that the defendant has done the act or thing, the burden of proving that the defendant held the licence, limited licence, certificate of practice or temporary licence or acted in accordance with a certificate of practice rests on the defendant. 2024, c. 2, Sched. 1, s. 16. Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (29) - 25/10/2010 2024, c. 2, Sched. 1, s. 16 - 01/01/2025

  • 48 #50Onus of proof
  • 49Service, delivery

    49 (1) A document required under this Act to be served on or delivered to a person may be served or delivered by, (a) leaving a copy with the person; (b) mailing a copy to the person’s last known address; (c) faxing a copy to the fax number indicated for the person in the Association’s records in accordance with subsections (3) and (4); or (d) e-mailing a copy to the e-mail address indicated for the person in the Association’s records in accordance with subsection (5). 2010, c. 16, Sched. 2, s. 1 (30). By mail (2) Service or delivery of a document by mail is deemed to be effective on the 10th day following the date of mailing, unless the person receiving the document establishes that he or she, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, did not receive the document, or received the document on a later date. 2010, c. 16, Sched. 2, …

  • 50.Registrar’s certificate as evidence

    50. Any statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the Association, is admissible in evidence in all courts as proof in the absence of evidence to the contrary of the facts stated therein without proof of the appointment or signature of the Registrar and without proof of the seal. R.S.O. 1990, c. A.26, s. 50.

  • 50.1Forms

    50.1 The Registrar may approve forms for the purposes of this Act and require their use. 2024, c. 2, Sched. 1, s. 17. Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 1, s. 17 - 06/03/2024

  • 53.
  • 51.Immunity and indemnification

    51. (1) No action or other proceeding for damages shall be instituted against the Association, a member of the Council, a member of the Association, a member of a committee of the Association, the chair or any other member of the Joint Practice Board or an officer, employee, agent or appointee of the Association for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act or the Professional Engineers Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power. R.S.O. 1990, c. A.26, s. 51 (1). Same (2) Every person who is a member of the Council, a member of the Association, a member of a committee of the Association, the chair or other member of the Joint Practice Board or an officer, employee, agent or appointee of the Associat…

  • 54.
  • 52.Joint Practice Board

    52. (1) The Joint Practice Board, whose function is assisting the Ontario Association of Architects and the Association of Professional Engineers of Ontario in the maintenance of the professional relationship between the two associations, is continued under the name Joint Practice Board in English and Conseil professionnel mixte in French. R.S.O. 1990, c. A.26, s. 52 (1). Composition (2) The Joint Practice Board shall be composed of a chair, three members representing the Ontario Association of Architects and three members representing the Association of Professional Engineers of Ontario. R.S.O. 1990, c. A.26, s. 52 (2). Appointment of chair (3) The Lieutenant Governor in Council may appoint the chair after requesting and considering the views, if any, of the council of each of the associations and may provide for remuneration and payment of the expenses, or either of them, of the chair.…

  • 54. #54
  • 53Annual report

    53 (1) No later than 120 days after the end of each financial year of the Association, the Council shall provide the Minister with a copy of an annual report for that year containing such information as the Minister requires. 2024, c. 28, Sched. 2, s. 2. Same (2) The Association shall make its annual report publicly accessible by publishing it on its website and by making it available as a document in paper format or in any other format, on request and at cost, to members of the public. 2024, c. 28, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2024, c. 28, Sched. 2, s. 2 - 04/12/2024 Not-for-Profit Corporations Act, 2010

  • 54

    54 The Not-for-Profit Corporations Act, 2010 does not apply to the Association, except as may be prescribed by regulation. 2010, c. 15, s. 213 (2). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 213 (2) - 19/10/2021 ______________

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