Interior Designers Act, 2006 Peterson, Tim — Bill 121 (38th Parliament, 2nd Session)

Bill 121, 38-2

Ontario — Bills

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Bill 121, Interior Designers Act, 2006

Peterson, Tim

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[38] Bill 121 Original (PDF)

Bill 121 2006

An Act respecting

interior designers

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Interpretation

Definitions

1. In this Act,

"Association" means the Association of Registered Interior Designers of Ontario continued under

section 28; ("Ordre")

"Building Code" means the regulation bearing that name made under the Building Code Act, 2002 ; ("Code du bâtiment")

"certificate" means a certificate of registration issued to a member indicating that the member is registered by the Association as a certified practitioner, an intern practitioner or a temporary practitioner, or as a corporation, partnership

or other entity authorized to practise interior design, as the case may be; ("certificat")

"certified practitioner" means a practitioner registered as such by the Association; ("praticien agréé")

"complaints committee" means the complaints committee established by the Association; ("comité des plaintes")

"Council" means the Council of the Association; ("Conseil")

"design" means a plan, sketch, drawing, graphic representation or specification for the interior space of the whole or part of a building; ("design")

"discipline committee" means the discipline committee established by the Association; ("comité de discipline")

"intern practitioner" means a practitioner registered as such by the Association; ("praticien stagiaire")

"member" means a member of the Association, whether or not the member has been issued a certificate to engage in the practice of interior design; ("membre")

"Minister" means the Minister of Government Services or such other minister as may be designated under the Executive Council Act to administer this Act; ("ministre")

"person" means an individual, corporation, partnership or other entity; ("personne")

"practitioner" includes a member who has been registered by the Association as a certified practitioner, an intern practitioner or a temporary practitioner and, as the context requires, a corporation, partnership or other entity to which a

certificate of registration has been issued; ("praticien")

"prescribed" means prescribed by the regulations made under this Act; ("prescrit")

"Registrar" means the Registrar appointed under

section 33; ("registrateur")

"registration committee" means the registration committee established by the Association; ("comité d'inscription")

"temporary practitioner" means a practitioner registered as such by the Association. ("praticien temporaire")

Scope of practice of interior design

(1) A person practises interior design when the person,

(

a) prepares, provides or implements a design respecting the construction, demolition or management of the enlargement, alteration, configuration, fitting out or furbishing of the interior space of the whole or part of a building, including

without limiting the foregoing, finishes, fixed or loose furnishings, equipment, fixtures and partitioning of space, and related exterior elements such as signs, finishes, glazed openings used for display purposes, the whole as may be further

prescribed in the Building Code;

(

b) evaluates, advises on, manages or reports on the construction, demolition, enlargement or alteration of the interior space of the whole or part of a building; or

(

c) reviews the construction, demolition, enlargement or alteration of the interior space of the whole or part of a building.

Definition

(2) In this section,

"building" means any building of a type classified by major occupancy and described in Table 2.3.1.1 of the Building Code, and, without limiting the generality of the foregoing,

(

a) all buildings classified in the Table as assembly occupancy and care or detention occupancy, as these expressions are defined in the Building Code, and

(

b) those buildings classified in the Table as residential occupancy, business and personal services occupancy, mercantile occupancy and industrial occupancy, as these expressions are defined in the Building Code, that exceed 600 square metres

in gross area or three stories in height.

Exclusions from scope of practice

(3) A person does not practise interior design when the person,

(

a) consults or advises on interior decoration or furnishings in conjunction with the sale, lease or supply of interior decorations or furnishings;

(

b) provides interior decoration services, including advising on and assisting in the selection of materials, window treatments, wall coverings, paint, floor coverings, fixtures and furnishings other than those materials, window treatments,

wall coverings, paint, floor coverings, fixtures and furnishings that are subject to regulation under any applicable fire code, building code or municipal code.

No effect on professional engineers or architects

(4) Nothing in this

section affects or purports to affect the rights and obligations of professional engineers under the Professional Engineers Act or of architects under the Architects Act .

Prohibitions

Practice

(1) No person shall engage in the practice of interior design or hold themself out as engaging in the practice of interior design unless,

(

a) the person is registered as a certified practitioner under this Act and has been issued a certificate authorizing the person to practise interior design, subject to the terms, conditions and restrictions set out in the certificate;

(

b) the person is registered as an intern practitioner or temporary practitioner under this Act and has been issued a certificate authorizing the person to practise interior design, subject to the terms, conditions and restrictions set out in

the certificate;

(

c) the person is registered as a corporation, partnership or other entity that is authorized to practise interior design under this Act, subject to the terms, conditions and restrictions of its registration;

(

d) the person is the holder of a licence, a certificate of practice or a temporary licence issued by the Ontario Association of Architects in accordance with the Architects Act ;

(

e) the person is a person or a member of a class of persons authorized to engage in the practice of architecture by the Ontario Association of Architects in accordance with the Architects Act and the regulations made under it or is an

intern architect recognized by the Ontario Association of Architects; or

(

f) the person is the holder of a licence, a temporary licence or a certificate of authorization issued by the Association of Professional Engineers of Ontario in accordance with the Professional Engineers Act.

Proof of practice

(2) Proof of the performance of one act in the practice of interior design on one occasion is sufficient to establish that a person has engaged in the practice of interior design.

Use of designations

(1) A person shall not use the designation "A.R.I.D.O." or "O.D.I.I.O" or a variation thereof unless the person is a member of the Association.

Same

(

a) is a certified practitioner;

(

b) is an intern practitioner, a temporary practitioner or a corporation, partnership or other entity that meets the prescribed requirements; or

(

c) is an architect referred to in clause 3 (1) (

d) or (e).

Representing oneself as a member or practitioner

(3) A person shall not imply or represent that the person is a member of the Association or a practitioner if the person is not a member or a practitioner, as the case may be.

Use of stamp or seal

(1) A person shall not affix the stamp or seal of a certified practitioner to a document or record, or a copy of one, unless,

(

a) the document or record was prepared by or under the supervision of the certified practitioner;

(

b) the stamp or seal is affixed with the knowledge and consent of the certified practitioner; and

(

c) the stamp or seal is affixed by a person authorized to do so in accordance with the regulations.

Same

(2) Despite subsection (1), with the written consent of a certified practitioner, a person may affix that practitioner's stamp or seal to a document or record, or a copy of one, prepared by or under the supervision of a person who is

not described in clause (1) (a).

Effect of consent

(3) If a certified practitioner consents to having that practitioner's stamp or seal affixed to a document or record in the circumstances described in subsection (2), the practitioner is responsible for the contents of the document

or record as if it had been prepared by or under the supervision of that practitioner in the course of the practice of interior design.

Offences

6. Every person who contravenes subsection 3 (1), 4 (1), (2) or (3) or 5 (1) is guilty of an offence and on conviction is liable,

(

a) to a fine of not more than $25,000 for a first offence;

(

b) to a fine of not more than $50,000 for a subsequent offence.

Membership and Registration

Membership

7. A person who is registered by the Association as a member or practitioner is a member or practitioner during the currency of the person's registration.

Suspended membership or registration

8. A person whose status as a member or whose registration as a practitioner is suspended is not a member or a practitioner during the period of the suspension.

Application for membership

(1) A person who wishes to become a member of the Association shall apply in accordance with the procedures established by the Association.

Application for registration

(2) A member who wishes to be registered as a certified practitioner, intern practitioner or temporary practitioner shall apply in accordance with the prescribed procedures.

Eligibility

(3) A member is eligible to be registered as a practitioner if the member meets the prescribed requirements.

Registration: Individuals

Registration, individual

(1) The Registrar shall issue a certificate to a member who is an individual if the member makes an application in accordance with the prescribed procedures and the member is eligible to be issued the

certificate.

Referral of application

(2) The Registrar shall refer an application for a certificate to the registration committee,

(

a) if the Registrar considers on reasonable grounds that the applicant may not be eligible to be issued the certificate; or

(

b) despite subsection (1), if the Registrar considers on reasonable grounds that terms, conditions or limitations should be imposed on the applicant's certificate.

Effect of referral

(3) The registration committee shall determine whether the applicant is eligible to be issued a certificate and has made an application in accordance with the prescribed procedures, and may impose such terms, conditions or

limitations on the certificate as the committee considers appropriate.

Variation of terms, conditions or limitations

(1) The registration committee may vary or remove any of the terms, conditions or limitations on a certificate in such circumstances as may be prescribed.

Application for variation

(2) A certificate holder who wishes to have any of the terms, conditions or limitations on their certificate varied or removed shall apply in accordance with the prescribed procedures.

Suspension of registration

(1) The Registrar may suspend the registration of a practitioner on any of the grounds set out in this Act or the regulations.

Application for reinstatement

(2) A practitioner whose registration is suspended may apply to have it reinstated and shall do so in accordance with the prescribed procedures.

Same

(3) The registration committee shall decide the application in accordance with the prescribed criteria.

Revocation of registration

(1) The Council may revoke the registration of a practitioner,

(

a) if the practitioner is convicted of an offence that, if committed in

Document details

Collection	Ontario — Bills
Citation	Bill 121, 38-2
Type	bill
Volume / chapter	p38 s2 bill 121 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e0501d1e556ffbf8f2ba92fe8398fdf1095e614c

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