First

Session, 46th General Assembly

Elizabeth II, 2008

BILL 5

AN ACT RESPECTING

ARCHITECTS AND THE PROVISION OF

ARCHITECTURAL SERVICES

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 NOTE

This Bill would revise the law

respecting architects and the provision of architectural services in the

province.

A BILL

AN ACT RESPECTING ARCHITECTS AND THE PROVISION OF

ARCHITECTURAL SERVICES

Analysis

Short title

Definitions

Institute continued

Objects of association

Board

Appointment by minister

Meetings

Fees

By-laws

Annual report

Licence to practice

Register

Exclusion from membership

Definitions

Complaints and disciplinary panel

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Copies of books, etc. as evidence

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Re-hearing

Costs of board

Collection of fine

Appeal to Trial Division

Action prohibited

Regulations

Regulations

Entitlement to provide architectural

services

Services exempt under this Act

If not licensed as an architect

Seal or stamp

Recovery of fees

False representation

Misrepresentation

Offence

Evidence

RSNL1990 cA-15 Rep.

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,

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 Newfoundland and

Labrador Association of Architects;

(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

(1) The

Newfoundland and Labrador Association of Architects is continued as a corporation

without share capital for the purposes of

Part XXI of the Corporations Act .

(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

(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

(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

(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

(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

(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

(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

(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 Canada to

which he or she provides architectural services and who does not provide architectural

services other than to his or her employer.

Register

(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

(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

(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,

Allegation

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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 III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal to Trial

Division

(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

(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

(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 territory of Canada , or in

another jurisdiction, may provide architectural services in the province.

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

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

(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

(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

(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.

Earl G. Tucker, Queen's Printer