Third Session, 46th

General Assembly

59 Elizabeth II,

BILL 26

AN ACT TO AMEND THE ARCHITECTS

ACT, 2008

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

KEVIN O'BRIEN

Minister of Government

Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Architects Act, 2008. Principally, the

amendments would clarify what services the Act requires to be performed by an

architect.

The Bill would also increase

penalties for a violation of the Act.

A BILL

AN ACT TO AMEND THE ARCHITECTS ACT, 2008

Analysis

S.13 Amdt.

Exclusion from membership

S.13.1 Added

Limited liability partnerships

S.32 Amdt.

Regulations

S.35 Amdt.

Services exempt under this Act

S.37 Amdt.

Seal or stamp

S.41 R&S

Offence

7. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2008 cA-15.1

as amended

1. Subsection 13(2) of the Architects Act, 2008 is repealed and the following substituted:

(2) Notwithstanding subsection (1), a partnership,

firm or corporation may provide architectural services where the services are offered

and provided under the direct supervision of an architect.

2. The Act is amended by adding immediately after

section 13 the following:

Limited liability

partnerships

13.1 Two

or more persons licensed under this Act to practice as architects are eligible,

as required by

section 56 of the Partnership

Act , to apply to be registered under that Act as a limited liability

partnership.

3. Subsection 32(1) of the Act is amended by

adding immediately after paragraph (

b) the following:

(b.1) respecting the use of stamps and seals;

(1) Subparagraph 35(a)(ii) of the Act is

repealed and the following substituted:

(ii) building containing only residential units having a maximum of 15

bedrooms where access into each unit is only from the exterior,

(2) Subparagraph 35(a)(iv) of the Act is repealed

and the following substituted:

(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 50 persons,

(3) Subparagraph 35(a)(vii) of the Act is repealed

and the following substituted:

(vii) an interior space for a building to which

Part 9 of the National

Building Code of Canada applies, 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 50 persons or greater;

5. Subsection 37(3) of the Act is repealed.

Section 41 of the Act is repealed and the

following substituted:

Offence

41. A

person who contravenes

section 13 or 40 is guilty of an offence and liable on

summary conviction to a fine not exceeding

(

a) in the case of a natural person, $5,000 for a

first conviction and to a fine not exceeding $10,000 for a second or subsequent

conviction; and

(

b) in the case of a

corporation, $25,000 for a first conviction and to a fine not exceeding

$100,000 for a second or subsequent conviction.

7. This Act comes into force on the date the Architects Act, 2008 comes into force.

Earl G. Tucker, Queen's Printer