Architect Lawyer

 Professional architects in Ontario are regulated by the Ontario Association of Architects (OAA), a self-regulated body governed by the Architects Act, 1990 and it’s regulations. The OAA's objectives is to establish, maintain, and develop skill among its members to protect and serve the public interest. This is primarily accomplished by administering a licence/certification regime that requires individuals, partnerships, and corporations to meet prescribed requirements to obtain a licence (for individuals) or certificate of practice (for businesses).

The OAA is governed by a “Council” composed of elected members and non-members, and public appointments. Council appoints a “Registrar” who is provided with broad authority to administer the OAA’s licensing and certification regime.

Services 

Burokas Law acts an OAA Lawyer by representing individuals and businesses dealing with the OAA from advocacy in applying to defending administrative actions. Some examples include:

• Referrals to the Academic or Experience Requirements Committee; 
• Proposals to Refuse, Suspend, or Revoke to be heard by the Registration Committee; 
• Complaints at the Complaints Committee;
• Discipline hearings at the Discipline Committee;
• Appeals of any committee’s decision to the appropriate appellate body;

Licenses and Certificates of Practice

The OAA issues two types of “authorizations”, a licence for individuals practicing architecture and an certificate of practice for businesses (sole proprietorships, partnerships, corporations) engaging in the “practice of architecture”. It is an offence to engage in the practice of architecture without a licence or certificate of practice with fines up to $25,000 if found guilty (first offence). 

The "practice of architecture" means: 1) the preparation of a design to construct, enlarge, or alter a building; 2) evaluating, advising, or reporting on such activities, or; 3) generally reviewing such activities. There are numerous exceptions to the licensing/certification requirement, including, but not limited to:

• preparing or designing the construction of a building;
• not more than three storeys and 600 square meters (6458 square feet);
• intended to be used for one or more residential business, or industrial occupancy.
• preparing or designing a residential dwelling not more than three storeys that contains no more than two attached units constructed on grade;
• preparing or designing a residential dwelling not more than 600 square meters that contains three or more dwellings when they’re all on grade;
• designing a building to be used directly for ore extraction from a mine;
• acts done under the personal supervision and direction of a member (licensee) of the OAA; 
• interior design that does not affect, or is not likely to affect, structural integrity, fire safety, entrances and corridors, public thoroughfares, and exterior walls, or;
• designing alterations to a dwelling that likely won’t affect fire safety or the strength/safety of the building.

Licence Requirements

Individuals are first required to complete academic and experience training composing of:

• a degree in architecture from a post-secondary institution or successfully completed the “Royal Architectural Institute of Canada” syllabus;
• holding a “Certificate of Certification” issued by the Canadian Architectural Certification Board;
• completing an admission course offered by the OAA;
• successfully complete one of the following:
• the Examination of Architects in Canada;
• The Architect Registration Examination of the National Council of Architectural Registration Boards, or;
• an accepted combination thereof.
• completion of 3720 hours of experience that meet the requirements of the Intern Architect Program published by the Association. This experience must i include:
• at least 940 hours of experience in Ontario under the personal supervision of a licensee to be completed within three years of an application, and;
• at least 2780 additional hours of experience under the personal supervision and direction of a person authorized to practice architecture. 

If these requirements are met, the Registrar will issue a licence to a citizen or permanent resident over 18 years old if they are of good character. The Registrar will refuse to issue a license (in the case of an applicant), or suspend or revoke a licence (in the case of a licensee) if it he/she is of the opinion, on reasonable and probable grounds:

• the past conduct of the applicant or licence affords grounds to believe the person will not practice architecture in accordance with law and honesty and integrity.

In regards to an applicant, the Registrar my also refer an application to the Academic Requirements Committee to determine whether the above noted academic requirements have been met; the Experience Requirements Committee to determine whether the experience requirements have been met, or both. These committees do not hold hearings, but must receive written submissions from the applicant.

Certificates of Practice

A business seeking a certificate must apply and meet the requirements; which depend on whether the business is a corporation, partnership, or a sole proprietorship composed of a licensee. 

Corporate requirements:

• a majority of their directors must be members (licensees) of the OAA; 
• at least 51 percent of the voting shares and value of all shares controlled and owned by members;
• the primary function of the corporation is to practice architecture, and;
• at least one director or employee will personally supervise and direct the practice full-time.

The OAA will also grant a certificate of practice to holders of a “certificate of authorization” under the Professional Engineers Act and meet the above noted criteria. 

The same criteria applies to a partnership with necessary modification in relation to partners and financial interest. Also, a partner who is a member of the Association of Professional Engineers of Ontario fulfills the first criteria. Whether the applicant is a corporation or partnership, the OAA will refuse, suspend, or revoke a certificate (as the case may be) if the Registrar is of the opinion, on reasonable and probable grounds that the corporation or partnership fails to comply with these requirements.

For sole proprietorships, as long as the individual business owner is a member, he/she is entitled to a certificate of practice. The Register will refuse, suspend, or revoke the certificate (as the case may be) if he or she is of the opinion, on reasonable and probable grounds, that the individual has not practiced architecture within a 5 year period.

The Registrar will refuse to issue a certificate (in the case of an applicant), or suspend or revoke a certificate (in the case of a licensee) if it he/she is of the opinion, on reasonable and probable grounds:

• the past conduct of the applicant or licence affords grounds to belief the person will not practice architecture in accordance with law and honesty and integrity.
• for corporations, the Registrar will consider the past conduct of an officer, director, or employee;
• for partnerships, the Registrar will consider a partner, employee, or officer, director, or employee of a partner of a partnership, and;
• for a sole proprietorship, the personal owner. 
• the holder of the certificate does not meet the requirements for issuance, or; 
• the holder breached a condition of their certificate.

Members of the Association of Professional Engineers of Ontario

Certificates of practice can also be issued to members of the Association of Professional Engineers of Ontario who holds a certificate of authorization under the Professional Engineers Act, 1990 and employs at least one member of the OAA who will personally supervise and direct the practice of architecture on a full time basis.

Proposals to Refuse, Revoke, and Suspend

If the Registrar seeks to refuse, suspend, or revoke a licence or certificate of authorization, it must issue a proposal outlining the reasons why. Individuals or business who wish to challenge this decision must appeal to the Registration Committee within 30 days.

The Registration Committee will conduct a hearing by examining the oral and documentary evidence provided by both the Registrar and the appellant applicant/licensee and make "findings of fact". Beforehand, the party in opposition to the party leading evidence will have the opportunity to challenge the evidence through cross-examination and make submissions. Once the hearing is complete, the Registration Committee will make a decision to:

• direct the Registrar to issue the licence or authorization, or not suspend/revoke, if they meet all the requirements and will engage in engineering with competence and integrity;
• if the committee finds reasonable grounds that the applicant does not meet the requirements:
• direct the Registrar to refuse, suspend, or revoke to issue the licence or authorization; 
• direct the Registrar to issue the licence or authorization, or not suspend/revoke, if it thinks the individual or business will still practice with competence and integrity, or;
• require the applicant successfully complete examinations if necessary to ensure competence and integrity;
• require the applicant take additional training if necessary to ensure competence and integrity, or;
• direct the Registrar to issue a licence or certificate (as the case may be) on conditions if necessary to ensure competence and integrity.

Complaints Committee

The OAA has a Complaints Committee that considers and investigates complaints regarding the conduct of a member. The committee will sit as a panel of three but will not do anything without first reviewing a written report, giving the member time to review and respond, and examine all relevant documents. They do not conduct a hearing, rather they review all the relevant documents and submissions, and decide:

• to refer the matter to the Discipline Committee;
• to not refer the matter to the Discipline Committee, or;
• to take such action it considers appropriate that is not inconsistent with the Architects Act or the OAA by-laws.
  • Example, a written or oral caution

Discipline Committee

The discipline committee will conduct a hearing to determine allegations of professional misconduct or incompetence. Professional misconduct will be found if the member or holder of a certificate has been found guilty of an offence relevant to the person’s suitability to practice or the committee found them guilty of at least one of the numerous actions that are considered professional misconduct in the Architects Act regulations. Some examples include:

• failing to maintain the performance standards of the profession;
• signing or issuing a false or misleading certificate, report or other document;
• failing to reply promptly to a letter received from the Registrar related to conduct or competence;
• failing to perform architectural services with reasonable skill and judgment;
• conduct or an act relevant to architecture, having regard to all circumstances, would reasonably be regarded by the members of the OAA as disgraceful, dishonourable or unprofessional.

An entire list can be reviewed at section 42 of Ontario Regulation 27.

The Discipline Committee will find a member or holder of a certificate incompetent if it holds the opinion that the member:

• displayed a lack of knowledge, skill, judgment, or disregard for the welfare of the public to the extent that it demonstrates they are unfit to carry out their responsibilities, or;  
• they are suffering from a physical or mental condition to the extent that its desirable to the interests of the public or member (or holder) that they no longer practice architecture or their ability to do so is restricted.

If the discipline committee finds professional misconduct or incompetency after a hearing, they may order the following:

• revoke the licence or certificate of practice of a member;
• suspend the licence or certificate up to 2 years;
• order undertakings from the member or holder limiting their practice;
• impose terms, conditions, or limitation on a licence or certificate including; 
  • completion of courses of study;
  • requiring personal supervision of their practice;
  • periodic inspections of practice, or;
  • reporting obligations.
• reprimand, admonish or counsel the member or holder;
• revoke or suspend a specialist designation, or;
• impose a fine up to $5,000

Registrar Investigations

If the Registrar believes on reasonable and probable grounds that a member or holder has committed professional misconduct or is incompetent, they may appoint investigators to investigate. These investigators may enter businesses and examine documents relevant to their investigation. They may also apply to the court for search warrants to search buildings/receptacles and seize documents.

Offences

The Architects Act creates the following offences:

• engaging in the “practice of architecture” or holding oneself out as doing so without being a member (up to $25,000 for first offence);
  • as defined and subject to the exceptions noted above
• using the title “architect” as an occupation designation without being licensed (up to $10,000 fine for first offence);
• obstructing an investigator (fine up to $10,000);
• using the word “Architect” as a corporation or partnership and not holding a certificate of practice (fine up to $10,000 for first offence);
• being a director or officer of a corporation, or partner of a partnership, found guilty of the above offences that authorizes, permits, or acquiesces to the relevant conduct. (fine up to $50,000);
• wilfully issuing a false licence or certificate of practice (fine up to $10,000), and;
• wilfully procuring or attempting to procure a licence or certificate of practice by knowingly making a false representation or declaration. (fine up to $10,000).

These offences are tried in the Ontario Court of Justice where a trial will be conducted similar to a criminal trial. Being convicted under the Architects Act will not result in a criminal record but severely prejudice an individual, partnership, or corporation’s ability to obtain or retain a licence or certificate of practice.

Temporary Licences

The OAA will also issue temporary licences to individuals who are not the subject of this page. Much of the same requirements and procedures described above apply. Please refer to the Architects Act or contact Burokas Law for advice in these matters.