Bill 11 (Legislature 26, Session 2)

L26 S2 507

Alberta — Bills

Bill 11 Ms DeLong BILL 11 2006 ARCHITECTS AMENDMENT ACT, 2006 ( A s s e n t e d t o , 2 0 0 6 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cA-44 1 The Architects Act is amended by this Act. 2

Section 1 is amended (

a) in clause (

a) by striking out “section 20” and substituting “section 20(3)”; (

b) in clause (

c) by striking out “and restricted practitioner” and substituting “, restricted practitioner, licensed interior designer, interior design corporation and visiting project interior designer”; (

c) by adding the following after clause (f): (f.1) “continuing competence pr ogram” means a program of continuing competence provided for in the regulations; (

d) by adding the following after clause (g): (g.1) “interior design corpora tion” means a corporation that holds a permit under

section 20(4.3);

(

e) by repealing clause (i.1) an d substituting the following: (i.1) “licensed interior designer” means an individual who holds a certificate of registration under

section 20(4.1) and an annual certificate under

section 22.1; (

f) in clause (j)(iii) by striking out “or restricted practitioner” and substituting “, restricted practitioner or licensed interior designer”; (

g) by adding the following after clause (l): (l.1) “practice of interior de sign” means that portion of the practice of architecture that is defined as interior design in the regulations; (

h) in clause (

m) by striking out “section 20” and substituting “section 20(1)”; (

i) by adding the following after clause (p): (q) “visiting project interior designer” means an individual who holds a licence under

section 20(4.2). 3 The following is added after

section 2: Practice of interior design 2.1(1) Notwithstanding

section 2(1), a licensed interior designer, visiting project interior designer or interior design corporation may not engage in the practice of architecture beyond that portion of the practice of architecture that is defined as interior design in the regulations.

(2) Licensed interior designers, visiting project interior designers and interior design corporations are entitled to engage in the practice of interior design.

(3) No person except a licensed interior designer, visiting project interior designer or interior design corporation shall (

a) use any one or more of the names licensed interior designer, visiting project interior designer or licensed interior design corporation, or any title, description, abbreviation, letter or symbol representing those names, alone or in combination with any other name, title,

description, abbreviation, letter or symbol, that represents expressly or by implication that the person is a licensed interior designer, visiting project interior designer or interior design corporation, (

b) represent or hold out, expressly or by implication, that the person is a licensed interior designer, visiting project interior designer or interior design corporation, or (

c) affix the seal of a licensed interior designer or the stamp of a visiting project interior designer or interior design corporation, or permit that seal or stamp to be affixed, to a plan, drawing, detail drawing, specification or other document or a reproduction of any of them unless (

i) that plan, drawing, detail drawing, specification, other document or reproduction was prepared by or under the personal supervision, direction and control of, and (ii) the seal or stamp is affixed with the knowledge and consent or in accordance with the direction of, the licensed interior designer or visiting project interior designer to whom or the interior design corporation to which the seal or stamp was issued by the Registrar.

(4) A person employed or engaged by a licensed interior designer, visiting project interior designer or interior design corporation is entitled to engage in the practice of interior design in the course of the person’s employment. (5) Subsection (3) does not apply to a registered architect or architects corporation. 4

Section 4 is amended by striking out “section 2 or

section 3(1)” and substituting “section 2, 2.1 or 3(1)”. 5

Section 8(1) is amended (

a) in clause (

a) by striking out “and from among registered architects” and substituting “registered architects and licensed interior designers”;

(

b) in clause (a.1) by striking out “and from among”; 6

Section 9 is amended (

a) in subsection (1) (

i) in clause (

a) by adding “and licensed interior designers” after “registered architects”; (ii) in clause (

c) by striking out “architects or restricted practitioners,” and substituting “architects, restricted practitioners, licensed interior designers or visiting project interior designers”; (iii) by adding the following after clause (d): (d.1) respecting the eligibility of applicants for registration to engage in the practice of interior design as visiting project interior designers, including regulations respecting their relationship with licensed interior designers who will collaborate on projects approved by the Council; (iv) by adding the following after clause (e): (e.1) prescribing the requirements of eligibility of applicants to engage in the practice of interior design as interior design corporations, including (

i) the number of full-tim e permanent employees or shareholders who must be licensed interior designers and who will assume personal supervision, direction and control over the practice of interior design, (ii) the required amount of beneficial ownership of voting shares of the applicant that must be vested in licensed interior designers and the number of directors or officers of the applicant who must be licensed interior designers, and (iii) the persons or qualifications of persons who may be beneficial owners of any of the issued shares

of the applicant or who may be employees of the applicant but are not licensed interior designers; (

v) in clause (

p) by adding “the practice arrangements of authorized entities,” after “of complaints,”; (vi) by repealing clause (

q) and substituting the following: (

q) respecting the establishment by the Council of compulsory continuing competence programs for registered architects, licensed interior designers and restricted practitioners; (vii) by repealing clauses (

u) to (x); (

b) in subsection (2)(

a) by adding “and licensed interior designers” after “registered architects”. 7

Section 10(1) is amended (

a) in clause (

e) by adding “and licensed interior designers” after “registered architects”; (

b) in clause (

g) by adding “and licensed interior designers” after “registered architects”; (

c) in clause (

k) by adding “and licensed interior designers” after “registered architects”; (

d) in clause (

l) by adding “or licensed interior designer” after “registered architect”; (

e) in clause (n)(

i) by adding “and seals by licensed interior designers” after “registered architects”; (

f) by repealing clause (n)(ii) and substituting the following: (ii) stamps by visiting pr oject architects, restricted practitioners, visiting project interior designers, architects corporations, interior design corporations and joint firms;

(

g) in clause (

o) by adding “, licensed interior designers, interior design corporations” after “restricted practitioners”; (

h) in clause (r)(ii) by striking out “architect or restricted practitioner,” and substituting “architect, restricted practitioner, licensed interior designer or visiting project interior designer,” (

i) in clause (

s) by adding “or licensed interior designers” after “registered architects”. 8

Section 11 is amended (

a) in subsection (1) by adding the following after clause (e): (

f) licensed interior designers; (

g) visiting project interior designers; (

h) interior design corporations. (

b) in subsection (2)(

a) by striking out “or” at the end of subclause (iii) and adding the following after subclause (iv): (

v) in the case of a licensed interior designer, by the Registration Committee or, on review, the Council, or (vi) in the case of a visiting project interior designer or interior design corporation, by the Council, 9

Section 12 is amended (

a) in subsection (1) by adding “and licensed interior designers” after “registered architects”; (

b) in subsection (2) by adding “or licensed interior designers” after “registered architects”; (

c) in subsection (3) (

i) by adding “or licensed interior designer” after “registered architect”;

(ii) by adding “or licensed interior designers” after “registered architects”; (

d) in subsection (4) (

i) by adding “or licensed interior designer” after “A registered architect”; (ii) by adding “or interior designer’s” after “in the architect’s”; (

e) in subsection (6) by adding “or licensed interior designer” after “registered architect”. 10

Section 16(1) is repealed and the following is substituted: Registration of architects corporation 16(1) The Council may approve the registration of a corporation registered, incorporated or continued under the Business Corporations Act that has applied under this Part and is eligible in accordance with this Act and the regulations to be registered as an architects corporation. 11 The following is added after

section 16: Licensed Interior Designers, Visiting Project Interior Designers and Interior Design Corporations Registration as licensed interior designer 16.1(1) The Registration Committee or, on review, the Council shall approve for registration as a licensed interior designer an individual who has applied under this Act and is eligible in accordance with this Act and the regulations to be registered as a licensed interior designer.

(2) An individual becomes entitled to be registered as a licensed interior designer when the Registration Committee or the Council, as the case may be, approves the individual’s registration.

Registration as visiting project interior designer 16.2(1) The Council may approve the registration of an individual who has applied under this Part and is eligible in accordance with this Act and the regulations to be registered as a visiting project interior designer for the purpose of an interior design project approved by the Council.

(2) The Council may, for the purposes of this section, approve (

a) an interior design project described in an application for registration under this section, and (

b) subject to the regulations, the proposed relationship between the applicant for registration as a visiting project interior designer and a licensed interior designer who will collaborate on the interior design project approved under clause (a).

(3) An individual becomes entitled to be registered as a visiting project interior designer when the Council approves the individual’s registration. Registration of interior design corporation 16.3(1) The Council may approve the registration of a corporation registered, incorporated or continued under the Business Corporations Act that has applied under this Part and is eligible in accordance with this Act and the regulations to be registered as an interior design corporation.

(2) A corporation becomes entitled to be registered as an interior design corporation when the Council approves its registration. 12

Section 20 is amended by adding the following after subsection (4):

(4.1) On entering the name of a licensed interior designer in the register, the Registrar shall issue to that interior designer (

a) a certificate of registration, and (

b) if requested by the interior designer, a seal engraved as prescribed in the bylaws.

(4.2) On entering the name of a visiting project interior designer in the register, the Registrar shall issue to that interior designer (

a) a licence to engage in the practice of interior design as a visiting project interior designer for the interior design project approved by the Council and described in the licence, and (

b) a stamp engraved as prescribed in the bylaws.

(4.3) On entering the name of an interior design corporation in the register, the Registrar shall issue to that corporation (

a) a permit to engage in the pr actice of interior design as an interior design corporation, and (

b) a stamp engraved as prescribed in the bylaws. 13

Section 22(3) and (4) are amended by adding “issued under this section” after “An annual certificate”. 14 The following is added after

section 22: Annual certificates for licensed interior designers 22.1(1) A licensed interior designer engaged in the practice of interior design shall pay to the Association the annual fee prescribed in the bylaws.

(2) The Registrar shall issue an annual certificate in accordance with the bylaws to a licensed interior designer (

a) whose registration is not under suspension or cancelled, and (

b) who has paid the annual fee.

(3) An annual certificate issued under this

section entitles the licensed interior designer to engage in the practice of interior design during the year for which the annual certificate is issued.

(4) An annual certificate issued under this

section expires on December 31 of the year for which it is issued.

Section 23(5) is amended by striking out “architect or restricted practitioner” and substituting “architect, restricted practitioner, licensed interior designer or visiting project interior designer”. 16 The following is added after

section 26: Conditions of practice re interior design corporations 26.1(1) An interior design corporation may engage in the practice of interior design only in its corporate name or another name that is approved by the Council pursuant to the regulations, and not otherwise.

(2) An interior design corporation shall advise the Registrar in writing of the names of the shareholders, directors and officers of the corporation and of any change in the shareholders, directors or officers forthwith after the change occurs.

(3) If an interior design corporation causes plans, drawings, detail drawings and specifications to be prepared and to be imprinted with the stamp issued to the corporation, it shall also cause them to be signed by and imprinted with the seal of the licensed interior designer who had personal supervision, direction and control over their preparation. 17

Section 27 is repealed and the following is substituted: Cancellation of registration 27(1) The Registrar may cancel the registration of (

a) an authorized entity in default of payment of any fees, dues, costs or levies payable by it under this Act, the regulations or the bylaws, (

b) an architects corporation or interior design corporation that no longer has shareholders, directors or officers in compliance with the regulations, or (

c) a joint firm that ceases to have at least one registered architect and at least one professional engineer to take the responsibility referred to in

section 18(2)(b),

after the expiration of one month following the service on the authorized entity of a written notice that the Registrar intends to cancel the registration, unless the authorized entity on whom the notice is served complies with the notice.

(2) The notice under subsection (1) shall state that the Registrar may cancel the registration unless, as the case may be, (

a) the fees, dues, costs or levies are paid as indicated in that notice, or (

b) evidence satisfactory to the Registrar has been received by the Registrar within the time prescribed in the notice that (

i) the architects corporation or interior design corporation has shareholders, directors or officers in compliance with the regulations, or (ii) the joint firm has at least one registered architect and at least one professional engineer to take the responsibility referred to in

section 18(2)(b).

(3) If the Registrar decides that the registration of a registered architect, restricted practitioner or licensed interior designer should be cancelled because that authorized entity has failed or refused to comply with the requirements of the continuing competence program, the Registrar may serve that authorized entity with a written notice that the Registrar intends to cancel the registration.

(4) The notice under subsection (3) shall state (

a) the reasons for the Registrar’s decision, (

b) that the authorized entity must complete the requirements of the continuing competence program within a specified time, which may not be less than 30 days from the date the notice is served on the authorized entity, (

c) that the Registrar may cancel the authorized entity’s registration unless the authorized entity completes the requirements of the continuing competence program within the time specified in the notice, and

(

d) that the authorized entity is entitled to request a review of the Registrar’s decision under

section 27.1.

(5) The Registrar may cancel the registration of a registered architect, restricted practitioner or licensed interior designer who has been served with a written notice under subsection (3) if that authorized entity does not comply with the notice by the time specified in the notice.

(6) The Registrar may cancel the registration of an authorized entity that was entered in the register in error.

(7) If the registration of an authorized entity is cancelled under this section, the certificate of registration and annual certificate, licence, permit or certificate of authorization of that authorized entity is deemed to be cancelled, and that authorized entity shall surrender to the Registrar the stamp or seal and, when requested by the Registrar, the certificate of registration, annual certificate, licence, permit or certificate of authorization, as the case may be. Review of decision 27.1(1) A registered architect, restricted practitioner or licensed interior designer who is served with a written notice under

section 27(3) may, within 30 days after being served with the notice, request the Council to review the decision of the Registrar by serving on the Registrar a written request for review by the Council setting out the reasons why, in the authorized entity’s opinion, the decision of the Registrar should be reviewed.

(2) On being served with a request for a review, the Registrar must, within 30 days, notify the authorized entity that requested the review of the date, time and place at which the Council will conduct the review.

(3) A request for review under subsection (1) acts as a stay of the Registrar’s decision to cancel the authorized entity’s registration.

(4) The registered architect, restricted practitioner or licensed interior designer who requests the review and the Registrar may appear with or without counsel and make representations to the Council at a review.

(5) On completing a review, the Council may confirm, reverse or vary the decision of the Registrar and make any decision that the Registrar could have made, and may make any further order the Council considers necessary for the purposes of carrying out the decision.

(6) The Council must give the applicant and the Registrar a written copy of its decision under subsection (5) with the reasons for the decision. Reinstatement of registration 27.2(1) The Council may direct the Registrar (

a) to reinstate in the applicable register a registration that was cancelled under

section 27 or 27.1, and (

b) to reissue (

i) the stamp or seal formerly issued under

section 20, (ii) in the case of a regist ered architect, a certificate of registration and annual certificate, (iii) in the case of a visitin g project architect or architects corporation, a licence or permit, (iv) in the case of a restricted practitioner, a certificate of authorization and the stamp formerly issued to the restricted practitioner, (

v) in the case of a joint firm, a certificate of authorization, (vi) in the case of a licensed interior designer, a certificate of registration and annual certificate, and (vii) in the case of a visiting project interior designer or interior design corporation, a licence or permit, to its former holder.

(2) A direction to the Registrar under subsection (1) is subject to

(

a) the payment of all fees, dues , costs or levies that are due or payable under this Act, the regulations or the bylaws, (

b) the payment of the reinstatement fee fixed in the bylaws, (

c) any conditions imposed by the Council in a decision or order under

section 27.1(5), and (

d) any conditions imposed by the Council under the regulations. 18

Section 36 is amended by striking out “not less than 3 registered architects” and substituting “not fewer than 3 registered architects and one licensed interior designer”. 19

Section 38(1) is amended (

a) by striking out “not less than 5 members” and substituting “not fewer than 6 members”; (

b) by adding the following after clause (a): (a.1) at least one licensed interior designer appointed by the Council, 20

Section 65 is amended by striking out “conduct unbecoming an architect” and substituting “unprofessional conduct”. 21

Section 66 is amended (

a) in subsection (1) by adding “or between a licensed interior designer and the licensed interior designer’s client” after “architect’s client”; (

b) by adding the following after subsection (2):

(3) The relationship of a licensed interior designer or visiting project interior designer to an interior design corporation, whether as shareholder, director, officer or employee of that corporation, does not affect, modify or diminish the application of this Act, the regulations and the bylaws

(

a) to the licensed interior designer or visiting project interior designer personally as a licensed interior designer or visiting project interior designer, or (

b) to the relationship between the licensed interior designer and the licensed interior designer’s client. 22

Section 68 is amended (

a) in subsection (1) by striking out “corporation or joint firm,” and substituting “corporation, joint firm or interior design corporation”; (

b) in subsection (2)(

a) by striking out “architect or restricted practitioner,” and substituting “architect, restricted practitioner, licensed interior designer or visiting project interior designer,” 23

Section 73 is amended (

a) by repealing subsection (4)(a) ; (

b) by repealing subsection (5)(a). 24 This Act comes into force on Proclamation. Explanatory Notes 1 Amends

chapter A-44 of the Revised Statutes of Alberta 2000. 2

Section 1 presently reads: 1 In this Act, (a) “architects corporation” means a corporation that holds a permit under

section 20;

(b) “Association” means The Alberta Association of Architects; (c) “authorized entity” means a registered architect, architects corporation, architects and engineers firm, visiting project architect and restricted practitioner; (d) “Board” means the Practice Review Board established under

section 38; (e) “building” means a building as defined in the Safety Codes Act; (f) “Committee” means the Complaint Review Committee established under

section 36; (g) “Council” means the Council of the Association; (h) “Joint Board” means the Joint Board of Practice under

section 1 of

Schedule 8 to the Government Organization Act; (i) “joint firm” or “architects and engineers firm” means a firm of architects and engineers that holds a certificate of authorization under

section 20; (i.1) “licensed interior designer” means an individual who holds a registration certificate as a licensed interior designer under the Interior Design Regulation (AR 174/83); (j) “member of the public” means an individual who (

i) is a Canadian citizen or who has been lawfully admitted to Canada for permanent residence, (ii) is a resident of Alberta, and (iii) is not a registered architect or restricted practitioner;

(k) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (l) “practice of architecture” means (

i) planning, designing or giving advice on the design of or on the erection, construction or alteration of or addition to a building, (ii) preparing plans, drawings, detail drawings, specifications or graphic representations for the design of or for the erection, construction or alteration of or addition to a building, or (iii) inspecting work and assessing the performance of work under a contract for the erection, construction or alteration of or addition to a building; (m) “registered architect” means an individual who holds a certificate of registration under

section 20 and an annual certificate under

section 22; (n) “Registrar” means the Registrar appointed under

section 7; (o) “Registration Committee” means the committee established under

section 12; (o.1) “restricted practiti oner” means an individual who holds a certificate of authorization under

section 73; (p) “visiting project architect” means an individual who holds a licence under

section 20(2). 3 Practice of interior design. 4

Section 4 presently reads:

4 The Court of Queen’s Bench, on application by the Council by way of originating notice, may grant an injunction enjoining any person from doing any act that is in contravention of

section 2 or

section 3(1), notwithstanding any penalty that may be provided by this Act or the regulations in respect of that contravention. 5

Section 8 presently reads in part: 8(1) The Council shall consist of (

a) at least 9 registered architects or a greater number that may be prescribed by the bylaws, each of whom shall be elected by and from among registered architects, at the time, in the manner and for the period provided for by the bylaws, (a.1) one licensed interior designer who shall be elected by and from among licensed interior designers and registered architects at the time, in the manner and for the period provided for by the bylaws, and (

b) when the number of elected registered architects does not exceed 10, one member of the public, or when the number of elected registered architects is more than 10 but not more than 20, two members of the public, who shall be appointed by the Minister after consultation with the Association for a one-year term of office. 6

Section 9 presently reads in part: 9(1) The Council may make regulations (

a) respecting the academic qualifications of and training requirements for applicants for registration as registered architects; (

c) providing for the evaluation by the Registration Committee, the Practice Review

Board, any other committee or board established or designated under the regulations, or for the evaluation by the Council, of the academic qualifications of and training requirements for applicants for registration as registered architects, visiting project architects or restricted practitioners, and the examination of those applicants with respect to those qualifications or requirements; (

d) respecting the eligibility of applicants for registration to engage in the practice of architecture (

i) as visiting project architects, including their relationship with registered architects who will collaborate on projects approved by the Council, or (ii) as restricted practitioners; (

e) prescribing the requirements of eligibility of applicants to engage in the practice of architecture as architects corporations, including (

i) the number of full-time permanent employees or shareholders who must be registered architects and who will assume personal supervision, direction and control over the practice of architecture, (ii) the required amount of beneficial ownership of voting shares of the applicant that must be vested in registered architects and the number of directors or officers of the applicant who must be registered architects, and (iii) the persons or qualifications of persons who may be beneficial owners of any of the issued shares of the applicant or who may be employees of the applicant but are not registered architects;

(

p) respecting registration, licensing, permits and certificates of authorization, the review of complaints, the practice of

architecture and the review of the practice of authorized entities, generally; (

q) respecting the establishment by the Council of a compulsory continuing education program for registered architects and restricted practitioners; (

u) respecting the academic qualifications of and training requirements for applicants for registration as licensed interior designers; (

v) establishing conditions respecting the registration of an applicant referred to in clause (u); (

w) respecting the establishment by the Council of a compulsory continuing education program for licensed interior designers; (

x) establishing and pr oviding for the publication of a code of professional conduct respecting the practice of interior design for the purposes of this Act.

(2) A regulation under subsection (1) does not come into force unless it has been approved by (

a) a majority of the registered architects (

i) present and voting at a general meeting, or (ii) voting in a mail vote conducted in accordance with the bylaws, and (

b) the Lieutenant Governor in Council. 7

Section 10 presently reads in part: 10(1) The Council may make bylaws

(

e) providing for the appointment of acting members of the Council and procedures for the election of registered architects and the nomination of members of the public for appointment by the Minister; (

g) establishing classes or categories of membership in the Association in addition to registered architects, and prescribing the rights, privileges and obligations of the classes or categories of membership so established; (

k) prescribing the number of registered architects that constitutes a quorum at meetings of the Association; (

l) except for the members of the public appointed by the Minister, prescribing fees and expenses payable to members of the Council, the Practice Review Board, the Registration Committee, the Complaint Review Committee or any other board or committee of the Council or Association or for a registered architect representing the Association on a board or committee; (

n) governing the information to be engraved on and the use to be made of (

i) seals and stamps by registered architects, and (ii) stamps by visi ting project architects, restricted practitioners, architects corporations and joint firms; (

o) respecting the fixing of fees, dues and levies payable to the Association by registered architects, architects corporations, joint firms, restricted practitioners and persons who are members of other classes or categories of membership in the Association; (

r) respecting the removal from the registers and records of any memorandum or entry made in

them under this Act or the regulations to indicate (

i) the suspension or cancellation of the registration of an authorized entity, or (ii) the death of a registered architect, visiting project architect or restricted practitioner, including the removal of the name of the individual or corporation concerned; (

s) governing the publication of the names of applicants for registration as registered architects approved by the Registration Committee; 8

Section 11 presently reads: 11(1) The Registrar shall maintain, in accordance with the bylaws and subject to the direction of the Council, a register for each of the following: (

a) registered architects; (

b) visiting project architects; (

c) architects corporations; (

d) joint firms; (

e) restricted practitioners.

(2) The Registrar shall enter in the appropriate register the name of a person (

a) whose registration to engage in the practice of architecture has been approved (

i) in the case of a registered architect, by the Registration Committee or, on review, the Council, (ii) in the case of a vi siting project architect or architects corporation, by the Council,

(iii) in the case of a joint firm, by the Joint Board and the Council, or (iv) in the case of a re stricted practitioner, in accordance with

section 73, and (

b) who has paid the fee prescribed in the regulations or bylaws, as the case may be. 9

Section 12 presently reads in part: 12(1) The Council shall, by bylaw, establish a Registration Committee consisting of those registered architects appointed by the Council as members of the Registration Committee.

(2) The Registration Committee shall, in accordance with this Part, the regulations and the bylaws, consider applications for the registration of applicants as registered architects, and may approve or refuse to approve the registration or defer the approval of registration until it is satisfied that the applicant has obtained further experience as required by the Registration Committee.

(3) On approving, refusing or deferring the registration of a registered architect under this Part, the Registration Committee shall cause a written notice of the approval, refusal or deferral to be sent to the applicant, and in the case of an approval shall cause a notice of the approval to be published to registered architects in the manner prescribed in the bylaws.

(4) A registered architect may, within 15 days after publication of a notice of approval under subsection (3), request the Council to review the application and approval by serving on the Registrar a written request for review by the Council setting out the reasons why, in the architect’s opinion, the registration of the applicant concerned should be reviewed.

(6) An applicant whose application for registration in accordance with this Part has been refused may, within 30 days after receiving a notice of refusal and the reasons for the refusal, request the Council to review the refusal by serving on the Registrar a written request for review by the Council setting out the reasons why, in the applicant’s opinion, the applicant’s registration as a registered architect should be approved. 10

Section 16 presently reads in part: 16(1) The Council may approve the registration of a corporation incorporated or registered under the Companies Act that has applied under this Part and is eligible under the regulations to be registered as an architects corporation. 11 Registration as licensed interior designer; registration as visiting project interior designer; registration of interior design corporation. 12

Section 20 presently reads: 20(1) On entering the name of a registered architect in the register, the Registrar shall issue to that architect (

a) a certificate of registration, and (

b) if requested by the architect, a seal engraved as prescribed in the bylaws.

(2) On entering the name of a visiting project architect in the register, the Registrar shall issue to that architect (

a) a licence to engage in the practice of architecture as a visiting project architect for the project approved by the Council and described in the licence, and (

b) a stamp engraved as prescribed in the bylaws.

(3) On entering the name of an architects corporation in the register, the Registrar shall issue to that corporation (

a) a permit to engage in the practice of architecture as an architects corporation, and (

b) a stamp engraved as prescribed in the bylaws.

(4) On entering the name of an approved firm of architects and engineers in the register, the Registrar shall issue to that firm (

a) a certificate of authorization to engage in the practice of both architecture and engineering, and (

b) a stamp engraved as prescribed in the bylaws.

(5) A certificate of registration, a licence, a permit and a certificate of authorization issued under this

section are subject to this Act, the regulations and the bylaws. 13

Section 22 presently reads: 22(1) A registered architect engaged in the practice of architecture shall pay to the Association the annual fee prescribed in the bylaws.

(2) The Registrar shall issue an annual certificate in accordance with the bylaws to a registered architect (

a) whose registration is not under suspension or cancelled, and (

b) who has paid the annual fee.

(3) An annual certificate entitles the registered architect to engage in the practice of architecture during the year for which the annual certificate is issued.

(4) An annual certificate expires on December 31 of the year for which it is issued. 14 Annual certificates for licensed interior designers. 15

Section 23 presently reads in part:

(5) If the Registrar is satisfied that a registered architect, visiting project architect or restricted practitioner has died, the Registrar shall enter a memorandum to that effect in the register. 16 Conditions of practice re interior design corporations. 17

Section 27 presently reads: 27(1) The Registrar may cancel the registration of (

a) an authorized entity in default of payment of any fees, dues, costs or levies payable by it under this Act, the regulations or the bylaws; (

b) an architects corporation that no longer has shareholders, directors or officers in compliance with the regulations; (

c) a joint firm that ceases to have at least one registered architect and at least one professional engineer to take the responsibility referred to in

section 18(2)(b), after the expiration of one month following the service on the authorized entity of a written notice that the Registrar intends to cancel the registration, unless the authorized entity on whom the notice is served complies with the notice.

(2) The notice under subsection (1) shall state that the Registrar may cancel the registration unless, as the case may be,

(

a) the fees, dues, costs or levies are paid as indicated in that notice, or (

b) evidence satisfactory to the Registrar has been received by the Registrar within the time prescribed in the notice that (

i) the architects corporation has shareholders, directors or officers in compliance with the regulations, or (ii) the joint firm has at least one registered architect and at least one professional engineer to take the responsibility referred to in

section 18(2)(b).

(3) The Registrar may cancel the registration of an authorized entity that was entered in error in the register.

(4) If the registration of an authorized entity has been cancelled under this section, the certificate of registration and annual certificate, licence, permit or certificate of authorization of that authorized entity is deemed to be cancelled, and that authorized entity shall surrender to the Registrar the stamp or seal and, when requested by the Registrar, the certificate of registration, annual certificate, licence, permit or certificate of authorization, as the case may be.

(5) The Council may direct the Registrar, subject to any conditions respecting the payment of arrears and any reinstatement fee that the Council may prescribe, (

a) to reinstate in the applicable register a registration that was cancelled under subsection (1), and (

b) to re-issue (

i) the stamp or seal formerly issued under

section 20,

(ii) in the case of a registered architect, a certificate of registration and annual certificate, (iii) in the case of a visiting project architect or architects corporation, a licence or permit, and (iv) in the case of a joint firm, a certificate of authorization to its former holder. 18

Section 36 presently reads: 36 There is hereby established a committee called the Complaint Review Committee consisting of not less than 3 registered architects appointed by the Council in accordance with the regulations to exercise the powers and perform the duties set out in this Part. 19

Section 38 presently reads in part: 38(1) There is hereby established a board called the Practice Review Board consisting of not less than 5 members as follows: (

a) registered architects who are appointed by the Council, (

b) persons who have a combination of knowledge and experience suitable for determining academic qualifications and training requirements necessary for a person to continue to engage in the practice of architecture, and who are appointed by the Council, and (

c) one member of the public who is not a person mentioned in clause (

b) and who is nominated by the Council and appointed by the Minister, in accordance with the regulations to exercise the powers and perform the duties set out in this Part.

Section 65 presently reads: 65 The conduct of a person who is or was registered as an authorized entity and who represents or holds out that the person is registered and in good standing while the person’s registration is suspended or cancelled may be dealt with as being conduct unbecoming an architect in accordance with this Part. 21

Section 66 presently reads: 66(1) The relationship between an authorized entity in the practice of architecture and a person receiving the professional services of that authorized entity is subject to this Act, the regulations and any other law applicable to the relationship between a registered architect and the architect’s client.

(2) The relationship of a registered architect or visiting project architect to an architects corporation or joint firm, whether as shareholder, director, officer or employee of that corporation or firm, does not affect, modify or diminish the application of this Act, the regulations and the bylaws (

a) to the registered ar chitect or visiting project architect personally as a registered architect or visiting project architect, or (

b) to the relationship between the registered architect and the architect’s client. 22

Section 68 presently reads: 68(1) A certificate purporting to be signed by the Registrar and stating that a named corporation was or was not, on a specified day or during a specified period, an architects corporation or joint firm, shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the Registrar’s appointment or signature.

(2) A certificate purporting to be signed by the Registrar and stating that a named person was or was not, on a specified day or during a specified period, (

a) a registered architect, visiting project architect or restricted practitioner, or (

b) an officer of the Association or a member of the Council shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the Registrar’s appointment or signature. 23

Section 73 presently reads in part:

(4) The Council may direct the Registrar to cancel the registration of a restricted practitioner who (

a) is in default of pa yment of annual fees or any other fees, dues, costs or levies payable under this Act, the regulations or the bylaws, or (

b) who is not a professional engineer in good standing under the Engineering, Geological and Geophysical Professions Act, after the expiration of one month following the service on the restricted practitioner of a written notice that the Council intends to cancel the registration unless the restricted practitioner on whom the notice is served complies with the notice.

(5) A notice under subsection (4) shall state that the Registrar may cancel the registration unless (

a) the fees, dues, costs or levies are paid as indicated in the notice, and (

b) the restricted practitioner is a professional engineer in good standing under the Engineering, Geological and Geophysical Professions Act.

24 Coming into force. Title: 2006 (26th, 2nd) Bill 11, Architects Amendment Act, 2006

Document details

Collection	Alberta — Bills
Citation	L26 S2 507
Type	bill
Volume / chapter	L26 S2 507
Language	en
Format	json
Source	PROVINCIAL
Identifier	c271e492ad39075eab28c157306352194e632f62

Source file is stored in the law ingest library (json).