Second

Session, 50th General Assembly

Charles III, 2023

BILL 29

AN ACT TO AMEND THE

ARCHITECTS ACT, 2008

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SARAH

STOODLEY

Minister of Digital

Government and Service Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Architects Act, 2008 to

allow architectural

technologists to continue to use the word "architectural" in their job

title;

replace all references to

"Trial Division" with the correct reference "Supreme Court";

and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE ARCHITECTS ACT, 2008

Analysis

S.5 Amdt.

Board

S.6 Amdt.

Appointment by minister

S.11 Amdt.

Licence to practice

S.15 Amdt.

Complaints and disciplinary panel

S.16 Amdt.

Allegation

S.17 Amdt.

Effect of filing allegation

S.18 Amdt.

Complaints authorization committee

S.20 Amdt.

Hearing

S.22 Amdt.

Guilty plea by respondent

S.23 Amdt.

Powers of adjudication tribunal

S.24 Amdt.

Filing and publication of decisions

S.25 Amdt.

De-registration and suspension

S.27 Amdt.

Re-hearing

S.29 Amdt.

Collection of fine

S.30 R&S

Appeal to Supreme Court

S.34 Amdt.

Entitlement to provide architectural services

S.34.1 Added

Title of architectural technologist

S.35 Amdt.

Services exempt under this Act

S.36 Amdt.

If not licensed as an architect

S.37 Amdt.

Seal or stamp

S.39 Amdt.

False representation

S.40 Amdt.

Misrepresentation

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2008 cA-15.1

as amended

1. (1) Subsection 5(5) of the Architects Act, 2008 is amended by deleting the words "him or

her" and substituting the words "the chairperson".

(2) Subsection 5(7) of the Act is amended by

deleting the words "his or her office".

(3) Subsection 5(8) of the Act is amended by

deleting the words "his or her" and substituting the words "the

member's".

(4) Subsection 5(11) of the Act is amended by

deleting the words "his or her".

2. (1) Subsection 6(3) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

(2) Subsection 6(4) of the Act is amended by

deleting the words "he or she" and substituting the words "the

appointed member".

(3) Subsection 6(6) of the Act is amended by

deleting the words "his or her appointment".

(4) Subsection 6(7) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the person's"; and

(

b) deleting the words "him or her" and

substituting the words "the person".

3. (1) Subsection 11(2) of the Act is amended by

deleting the words "that he or she has obtained" and substituting the

word "of".

(2) Subsection 11(3) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the person"; and

(

b) deleting the words "his or her" and

substituting the words "the person's".

4. Subsection 15(6) of the Act is repealed and the

following substituted:

(6) Where

the term of a disciplinary panel member expires, the person continues to be a

member until reappointed or replaced.

5. (1) Subsection 16(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

complainant's".

(2) Subsection 16(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

registrar's".

6. Subsection 17(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

registrar".

7. (1) Paragraph 18(3)(

c) of the Act is amended by

deleting the word "respondents" wherever it appears and substituting

the word "respondent's".

(2) Subparagraph 18(4)(a)(

i) of the Act is amended

by deleting the words "he or she" and substituting the words "the

person".

(3) Subsection 18(6) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the architect or person"; and

(

b) deleting the words "of him or her".

(4) Subsection 18(7) of the Act is amended by

deleting the word "respondents" wherever it appears and substituting

the word "respondent's".

(5) Subsection 18(8) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

8. Subsection 20(2) of the Act is amended by

deleting the words "his or her".

9. (1) Subsection 22(2) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the respondent's".

(2) Paragraph 22(2)(

c) of the Act is amended by

deleting the word "respondents" and substituting the word

"respondent's".

10. (1) Subsection 23(3) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the respondent's".

(2) Paragraph 23(3)(

c) of the Act is amended by

deleting the word "respondents" and substituting the word

"respondent's".

11. (1) Paragraph 24(3)(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

respondent's".

(2) Paragraph 24(3)(

c) of the Act is amended by

deleting the word "respondents" and substituting the word

"respondent's".

(3) Paragraph 24(4)(

a) of the Act is amended by

deleting the words "he or she" and substituting the words "the

respondent".

(4) Paragraph 24(4)(

c) of the Act is amended by

deleting the words "his or her" and substituting the words "the

complainant's".

12. (1) Subsection 25(1) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the architect's".

(2) Subsection 25(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

architect's".

(3) Subsection 25(3) of the Act is amended by

(

a) deleting the words "his or her"

wherever they appear and substituting the words "the respondent's";

and

(

b) deleting the word "respondents" and

substituting the word "respondent's".

13. (1) Paragraph 27(1)(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

respondent's".

(2) Paragraph 27(1)(

c) of the Act is amended by

deleting the word "respondents" and substituting the word

"respondent's".

Section 29 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

Section 30 of the Act is repealed and the

following substituted:

Appeal to Supreme

Court

(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 Supreme Court by filing a notice of appeal with the

court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Supreme Court orders otherwise.

16. Paragraph 34(1)(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

17. The Act is amended by adding immediately after

section 34 the following:

Title of

architectural technologist

34.1 Nothing

in this Act shall prohibit or preclude a person from using the word

"architectural" in connection with a title or designation where the

person

(

a) has obtained a degree or diploma from an

accredited architectural technology program; or

(

b) has at least 5 years' experience providing

architectural services under the direct supervision of an architect and is

providing architectural services under the direct supervision of an architect.

18. Paragraph 35(

c) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

19. (1) Subsection 36(1) of the Act is amended by

(

a) deleting the words "style nor hold himself

or herself out as" and substituting the words "represent to be";

and

(

b) deleting the words "he or she" and

substituting the words "the person".

(2) Subsection 36(2) of the Act is amended by

(

a) deleting the words "hold himself or

herself out" and substituting the words "represent itself"; and

(

b) deleting the words "held out as" and

substituting the words "represented to be".

20. Subsection 37(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

architect's".

Section 39 of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the

words "the person's".

22. (1) Paragraph 40(1)(

b) of the Act is amended by

deleting the words "hold himself or herself out as" and substituting

the words "represent to be".

(2) Paragraph 40(1)(

c) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

(3) Paragraph 40(1)(

d) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

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