Architects Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/architects.htm

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Architects Regulations
made under Section 11 of the

Architects Act

S.N.S. 2006, c. 12

O.I.C. 2008-500 (September 23, 2008), N.S. Reg. 399/2008

Citation

1          These regulations may be cited as the Architects Regulations.

Definition

2          In these regulations, “Act” means the Architects Act.

Part 1: Membership and Licensing

Registrar and Board of Registration

3          (1)       The Registrar must perform duties as determined by the Council.

 

            (2)       The Board of Registration must consist of the Registrar and at least 4 members ofthe Association.

 

            (3)       The Council must appoint a member of the Board to act as chairperson of theBoard.

 

            (4)       The Council may appoint members to the Board to fill any vacancies that mayoccur.

 

            (5)       A member of the Board holds office until the expiration of the term of theirappointment, as set out in the by-laws.

 

(6)The Board must meet at times and places as decided by the Board.

 

(7)The Board of Registration must do all of the following:

 

                        (a)       examine all applications and the qualifications of all applicants formembership;

 

                        (b)       examine and interview applicants in the manner and to the extent that theBoard considers necessary;

 

                        (c)       recommend to Council, with appropriate explanation, the admission orrejection of an application for membership;

 

                        (d)       perform any other services specified in the Act or these regulations, or thatthe Council requires.

Classes of membership

4          (1)       In addition to the licensed architect class of membership established by Section 12of the Act, each of the following is established as a class of membership:

 

                        (a)       student member;

 

                        (b)       intern architect;

 

                        (c)       retired architect;

 

                        (d)       associate member;

 

                        (e)       honorary member.

 

            (2)       A separate roster must be maintained for each class of membership.

Student member

5          (1)       In addition to meeting the requirements of Sections 14 and 15 of the Act, to beentitled to membership as a student member an individual must be enrolled in orhave graduated from an educational program accredited by a designatedarchitectural certification board.

 

            (2)       Except as otherwise provided in these regulations, a student member may serve oncommittees.

 

            (3)       A student member may attend but must not vote at meetings of the Association.

 

            (4)       An individual who is a student member retains their student membership until theearliest of the following occurrences:

 

                        (a)       the Council strikes the individual’s name from the register under Section18 of the Act for non-payment of fees;

 

                        (b)       the individual resigns from the Association under clause 17(b) of the Act;

 

                        (c)       the individual becomes an intern architect;

 

                        (d)       the end of 10 years from the date the individual was first admitted as astudent member, or a longer period as determined by Council;

 

                        (e)       the individual no longer meets the requirements for membership as astudent member.

Intern architect

6          (1)       In addition to meeting the requirements of Sections 14 and 15 of the Act, to beentitled to membership as an intern architect an individual must

 

                        (a)       have educational qualifications certified by a designated architecturalcertification board; and

 

                        (b)       be enrolled in an intern architect program approved by Council.

 

            (2)       Except as otherwise provided in these regulations, an intern architect may serveon committees.

 

            (3)       An intern architect may attend but must not vote at meetings of the Association.

 

            (4)       An individual who is an intern architect retains their intern architect membershipuntil the earliest of the following occurrences:

 

                        (a)       the Council strikes the individual’s name from the register under Section18 of the Act for non-payment of fees;

 

                        (b)       the individual resigns from the Association under clause 17(b) of the Act;

 

                        (c)       the individual obtains a licence as a licensed architect;

 

                        (d)       except as provided in subsection (5), the end of 10 years from the date theindividual was first admitted as an intern architect, or a longer period asdetermined by Council;

 

                        (e)       the individual no longer meets the requirements for membership as anintern architect.

 

            (5)       An individual who holds a membership as an intern architect on the coming intoforce of the Act is entitled to apply to continue to be an intern architect for aperiod of 10 years following the coming into force of the Act, if the individual

 

                        (a)       meets the requirements for membership as an intern architect; and

 

                        (b)       has not yet obtained a licence as a licensed architect.

 

            (6)       An intern architect is entitled to use the title “Intern Architect”.

Retired architect

7          (1)       In addition to meeting the requirements of Sections 14 and 15 of the Act, to beentitled to membership as a retired architect an individual must

 

                        (a)       have held a licence as a licensed architect or the equivalent from anotherjurisdiction recognized by the Council;

 

                        (b)       if applicable, return their licensed architect’s seal and licence to the Board;and

 

                        (c)       have been in good standing with the licensing body from which theindividual held a licence at the time of retirement.

 

            (2)       A retired architect may attend but must not vote at meetings of the Association.

 

            (3)       A retired architect is entitled to use the title “Retired Architect”.

Associate member

8          (1)       In addition to meeting the requirements of Sections 14 and 15 of the Act, to beentitled to membership as an associate member an individual must

 

                        (a)       immediately before their initial application for associate membership, haveheld a licence as a licensed architect and been in good standing with theAssociation;

 

                        (b)       return their licensed architect’s seal and previous licence to the Board; and

 

                        (c)       meet either of the following criteria, or any other criteria approved by theBoard:

 

                                    (i)        be licensed in another jurisdiction recognized by the Council,

 

                                    (ii)       be enrolled in and attending an educational program approved bythe Board.

 

            (2)       An associate member may attend but must not vote at meetings of theAssociation.

Honorary membership

9          (1)       A person may be granted honorary membership in the circumstances set out in theby-laws for that purpose.

 

            (2)       An honorary member may attend but must not vote at meetings of theAssociation, unless the honorary member also holds a membership that entitlesthe honorary member to vote.

Professional liability insurance

10        (1)       Except for a person exempted by subsection (2), the amount of professionalliability insurance coverage required by clause 19(2)(a) of the Act for a licensedarchitect, corporate permit holder or temporary licensee is prescribed as at least$250 000 per claim, with aggregate coverage of at least $500 000.

 

            (2)       A person who is a licensed architect, corporate permit holder or temporarylicensee is exempt from the requirement to hold professional liability insurance ifany of the following apply:

 

                        (a)       the person does not practise architecture in the Province;

 

                        (b)       the person practises architecture exclusively as an employee of a licensedarchitect or a corporate permit holder who has the required insurancecoverage and the insurance covers the person’s practice;

 

                        (c)       the person works exclusively for the Province and is appointed orremunerated in accordance with the Public Service Act;

 

                        (d)       the person works exclusively for an agency

 

                                    (i)        to which the Province appoints the majority of the members,

 

                                    (ii)       whose staff is by law appointed or remunerated in accordance withthe Public Service Act,

                                    (iii)      whose capital forms part of the public domain, or

 

                                    (iv)      that is a statutory appointment of the Province;

 

                        (e)       the person works exclusively for the Public Service of Canada as definedin the Public Service Staff Relations Act (Canada), for the Canadian Forceswithin the meaning of section 14 of the National Defence Act (Canada) orfor a Crown corporation within the meaning of the FinancialAdministration Act (Canada);

 

                        (f)        the person works exclusively for a municipal corporation, a regionalcounty municipality or a school board, and the employer stands surety forthe person, agrees to take up the person[’s] defence and accepts financialresponsibility for the consequences of any error or omission committed bythe person in practising architecture.

Licensed architect

11        In addition to the information, documents and fee required by clauses 19(1)(a) to (g) ofthe Act for an applicant for a licence and by clauses 26(a) to (f) of the Act for an applicantfor a renewal of a licence, an applicant applying for a licence or renewal of a licence mustgive all of the following to the Board:

 

                        (a)       if the applicant holds or held a licence in another jurisdiction, a certificateof standing from each of the other jurisdictions in which the applicantholds or held a licence, establishing whether there are any disciplinaryfindings against the applicant that may preclude or restrict the applicant’spractice in the Province, and establishing whether there are anyoutstanding complaints against the applicant in the other jurisdictions;

 

                        (b)       evidence that the applicant has completed the professional developmentactivities required by Council;

 

                        (c)       evidence that satisfies the Board that the applicant remains current andcompetent in the practice of architecture.

Temporary licence

12        (1)       A temporary licence may be issued to an applicant who

 

                        (a)       pays the fee approved by Council;

 

                        (b)       applies in a form determined by the Board;

 

                        (c)       gives evidence satisfactory to the Board that the applicant intends topractise architecture on a temporary or a project-specific basis;

 

                        (d)       gives evidence satisfactory to the Board that the applicant

 

                                    (i)        is licensed in good standing in another jurisdiction recognized byCouncil, or

 

                                    (ii)       satisfies the Board that the objects of the Act would be met for atime-limited purpose to allow the applicant to temporarily practisearchitecture;

 

                        (e)       holds professional liability insurance as required by subsection 19(2) ofthe Act and subsection 10(1), unless exempted by subsection 10(2);

 

                        (f)        gives evidence satisfactory to the Board that the person has a professionalbusiness relationship, by either direct agreement or through separateagreements with their mutual client, with a collaborating architect who is alicensed architect and who is not exempted by subsection 10(2) from therequirement to hold professional liability insurance.

 

            (2)       A temporary licence is valid for the calendar year in which it is issued, or a shorterperiod determined by the Council at the time the temporary licence is issued.

 

            (3)       A temporary licence may be renewed on or before the expiry date by thesubmission of a completed temporary licence application to the Registrar on theform approved by the Registrar, together with the following:

 

                        (a)       the renewal fee approved by Council;

 

                        (b)       any information that the Registrar requires to establish that the personcontinues to meet the requirements of subsection (1).

 

            (4)       A temporary licence authorizes the holder to practise architecture subject to anyconditions or restrictions noted on the temporary licence.

Designated architectural registration boards

13        For the purposes of the Act and these regulations, the National Council of ArchitecturalRegistration Boards is a designated architectural registration board.

Designated architectural certification boards

14        For the purposes of the Act and these regulations, the Canadian ArchitecturalCertification Board is a designated architectural certification board.

Appointment and functions of Licensing Appeal Committee

15        (1)       Council must appoint a Licensing Appeal Committee consisting of 1 non-memberand 2 licensed architects.

 

(2)The Council must appoint the chair of the Licensing Appeal Committee.

 

(3)A majority of the Licensing Appeal Committee constitutes a quorum.

 

            (4)       The Licensing Appeal Committee must perform the functions specified inSections 16 and 17.

Procedure for appeal to Licensing Appeal Committee

16        (1)       If an application for a licence or a corporate permit has been refused, the Boardmust give the applicant written reasons for the decision to refuse and the applicantmay, by written notice, appeal the decision to the Licensing Appeal Committee nolater than 30 days after the date the applicant receives the written reasons.

 

            (2)       On receipt of written notice of an appeal, the Licensing Appeal Committee mustdo all of the following:

 

                        (a)       set a date for a hearing of the appeal, which must be no later than 60 daysafter the date the Committee receives the written notice of appeal;

 

                        (b)       serve written notice of the date, time and place for the hearing of theappeal on the appellant and the Board;

 

                        (c)       advise the appellant of their right to

 

                                    (i)        be represented by legal counsel, or another representative at theexpense of the appellant;

 

                                    (ii)       disclosure of any information to be given to the Committee; and

 

                                    (iii)      a reasonable opportunity to present a response and makesubmissions.

 

            (3)       The parties to an appeal before the Licensing Appeal Committee are theAssociation and the appellant.

 

            (4)       Except as provided in subsection (5), evidence is not admissible before theLicensing Appeal Committee unless, at least 10 days before the appeal, theopposing party has been given

 

                        (a)       in the case of written or documentary evidence, an opportunity to examinethe evidence;

 

                        (b)       in the case of evidence of an expert, a copy of the expert’s written reportor, if there is no written report, a written summary of the evidence; and

 

                        (c)       in the case of evidence of any other witness, the identity of the witness.

 

            (5)       The Licensing Appeal Committee, in its discretion, may allow the introduction ofevidence that is otherwise inadmissible under subsection (4) and may makedirections it considers necessary to ensure that a party is not prejudiced.

 

            (6)       In a proceeding before the Licensing Appeal Committee, the parties have the rightto

 

                        (a)       the opportunity to present evidence and make submissions, including the right to cross-examine witnesses; and

 

                        (b)       receive written reasons for a decision within a reasonable time.

 

            (7)       At a hearing before the Licensing Appeal Committee, all material relied on by theBoard in making the decision that is the subject of the appeal must be given to theCommittee and to the appellant.

 

            (8)       In addition to the material given to the Licensing Appeal Committee undersubsection (7), either party may present additional evidence to the Committee andcall witnesses.

 

            (9)       The testimony of witnesses at a hearing before the Licensing Appeal Committeemust be taken under oath or affirmation.

Disposition by Licensing Appeal Committee

17        (1)       The Licensing Appeal Committee, in accordance with the evidence it receiveswhen hearing an appeal, may make any determination that in its opinion ought tohave been made by the Board.

 

            (2)       The Licensing Appeal Committee must give its decision in writing and send to theparties a copy of the written decision by registered mail or personal service.

 

            (3)       A decision of the Licensing Appeal Committee is final.

Part 2: Seals

Design of seal

18        The seal required by Section 32 of the Act for a licensed architect must bear the name ofthe licensed architect and the words “Licensed Architect, Nova Scotia Association ofArchitects”, or any other words prescribed in the by-laws.

Use of seal in electronic format

19        The Council may authorize the use of a seal in an electronic format prescribed in the by-laws.

Electronic facsimile of seal for photocopies

20        A licensed architect may use an electronic facsimile of their seal, as prescribed by the by-laws, to show the seal on photocopies.

 

Registrar to procure and distribute seals

21        The Registrar must procure and distribute all seals and keep a complete record of theirdistribution.

Part 3: Partnerships and Corporations

Partnerships

22        (1)       A person must not enter into partnership to practise architecture with any personwho is not a licensed architect, unless the other person is a person authorized topractise or to apply engineering under the Engineering Profession Act, or a personreferred to in subsection (2).

 

            (2)       A person who is not a licensed architect but who, on February 1, 1968, was amember of a partnership engaged in the practice of architecture and dulyregistered under the Partnerships and Business Names Registration Act maycontinue to be a partner in that partnership until the dissolution of the partnership,or may enter into partnership with any of the licensed architects with whom theymay become associated, but the person is not entitled to practise architectureunless that person holds a licence or is acting under the responsible control of alicensed architect.

 

            (3)       The Council must issue a corporate permit to a partnership engaged in the practiceof architecture that meets all of the following criteria:

 

                        (a)       all of the requirements of subsection (1) and (2);

 

                        (b)       the partnership has paid the fee approved by Council;

 

                        (c)       the partnership has applied for a corporate permit and met the criteria setout in Section 24.

 

            (4)       Any person who practises architecture on behalf of a partnership must be alicensed architect.

Corporations

23        (1)       The Council must issue a corporate permit to a corporate entity engaged in thepractice of architecture that meets all of the following criteria:

 

                        (a)       the corporate entity has paid the fee approved by Council;

 

                        (b)       except as provided in subsection (2), the majority of the issued votingshares of the corporate entity, representing voting control of the corporateentity, are beneficially owned by 1 or more licensed architects;

 

                        (c)       a majority of the directors and officers of the corporate entity are licensedarchitects;

 

                        (d)       any person who practises architecture on behalf of the corporate entity is alicensed architect;

 

                        (e)       the corporate entity has applied for a corporate permit and met the criteriaset out in Section 24.

 

            (2)       Issued voting shares of a corporate entity may be legally and beneficially ownedby another corporate entity, if

 

                        (a)       all of the issued voting shares of the other corporate entity are legally andbeneficially owned by one or more licensed architects, or a by a trust ofwhich each of the trustees and beneficiaries is a licensed architect; and

 

                        (b)       the majority of the officers and directors are licensed architects.

 

            (3)       The Board may impose conditions or restrictions on a corporate permit.

Corporate permit application

24        A partnership or corporate entity that is applying for a corporate permit must submit acompleted permit application to the Registrar on the form approved by the Council,together with all of the following:

 

(a)the fee approved by Council;

 

(b)any information that the Board requires to establish that

 

(i)the partnership or corporate entity is in good standing,

 

                                    (ii)       the objects of the Act will be met by the issuing of the corporatepermit,

 

                                    (iii)      the name of the partnership or corporate entity and any businessname or names used by it are fit and proper names for a partnershipor corporate entity engaged in the practice of architecture,

 

                                    (iv)      the partnership or corporate entity meets the requirements ofSection 22 or 23, as applicable,

 

                                    (v)       each person who will practise architecture for and on behalf of thepartnership or corporate entity is a licensed architect who hasprofessional liability insurance coverage as required by subsection19(2) of the Act and subsection 10(2).

Corporate permit register

25        The Registrar must maintain a register of corporate permits, showing the name andbusiness address and all of the following information for each corporate permit holder:

 

                        (a)       a list of the partners, or directors and officers, as applicable;

 

                        (b)       the names of the partners, directors and officers, as applicable, who arelicensed architects;

 

                        (c)       the names of the persons who practise architecture for and on behalf of thecorporate permit holder;

 

                        (d)       any conditions or restrictions imposed on the corporate permit;

 

                        (e)       any additional information the Board determines.

Corporate permit term and renewal

26        (1)       A corporate permit is valid for the calendar year in which it is issued.

 

            (2)       A corporate permit may be renewed on or before its expiry date by the submissionto the Registrar of a completed corporate permit application on the form approvedby the Registrar, together with all of the following:

(a)the fee approved by Council;

 

                        (b)       any information that the Registrar requires to establish that the partnershipor corporate entity continues to meet the requirements of Sections 22, 23and 24, as applicable.

Shareholder member’s death, incompetency, ceasing to hold licence or suspension

27        If a member dies, becomes incompetent, ceases to hold a current licence or is suspendedat any time while the member holds shares in a corporate entity holding a corporatepermit, the corporate entity is authorized to continue to engage in the practice ofarchitecture for a period of no longer than 1 year, unless otherwise determined byCouncil.

Temporary corporate permit

28        (1)       The Council must issue a temporary corporate permit to a partnership or corporateentity that holds the equivalent of a corporate permit in another jurisdiction andthat

 

(a)pays the fee approved by Council;

 

                        (b)       is licensed in good standing as a partnership or corporate entity in the otherjurisdiction; and

 

                        (c)       gives evidence satisfactory to the Board of all of the following:

 

                                    (i)        that it intends to engage in the practice of architecture in the Province on a project-specific basis,

 

                                    (ii)       that the objects of the Act will be met through the issuing of thetemporary corporate permit,

 

                                    (iii)      that it has a professional business relationship, by either directagreement or through separate agreements with their mutual client,with a collaborating architect who is a licensed architect and whois not exempted by subsection 10(2) from the requirement to holdprofessional liability insurance,

 

                                    (iv)      that each person who will practise architecture for and on behalf ofthe partnership or corporate entity is a licensed architect and hasliability insurance coverage as required by subsection 19(2) of theAct and subsection 10(2).

 

            (2)       The Board may impose conditions or restrictions on the temporary corporatepermit.

Temporary corporate permit term and renewal

29        (1)       A temporary corporate permit is valid for the calendar year in which it is issued,or any shorter term that the Board determines.

 

            (2)       A temporary corporate permit may be renewed on or before its expiry date by thesubmission to the Registrar of a completed temporary corporate permit applicationon the form approved by the Council, together with all of the following:

 

                        (a)       the fee approved by Council;

 

                        (b)       any information that the Board requires to establish that the partnership orcorporate entity continues to meet the requirements of Section 28.

Suspension, revocation or refusal to renew corporate permit or temporary corporatepermit

30        If it appears to the Board that a partnership or corporate entity that holds a corporatepermit or a temporary corporate permit fails to meet any of the requirements of theseregulations, the Board must

 

                        (a)       notify the partnership or corporate entity in writing of the specificrequirement that the partnership or corporate entity fails to meet; and

 

                        (b)       suspend, revoke or refuse to renew the corporate permit or temporarycorporate permit.

Permit displayed at premises

31        A partnership or corporate entity must display its current corporate permit or temporarycorporate permit, or a copy of it, in a conspicuous place at its premises at all times.

Registrar notified of changes to corporation

32        No later than 15 days after the date of the change, a partnership or corporate entity mustnotify the Registrar in writing of any change to any of the following:

 

(a)its partners;

 

(b)its voting shareholders;

 

(c)its officers;

 

(d)its directors;

 

                        (e)       persons who practise architecture for and on behalf of the partnership orcorporate entity.

Records of corporate permit holder

33        A partnership or corporate entity that holds a corporate permit or a temporary corporatepermit must, in accordance with generally accepted accounting principles and businessstandards,

 

                        (a)       have financial statements prepared at the end of each fiscal year;

 

                        (b)       maintain current financial records; and

 

                        (c)       maintain records about its employees.

Notice to and from corporate permit holder or temporary corporate permit holder

34        (1)       A notice required to be given to a partnership or corporate entity under the Act orthese regulations may be sent by pre-paid registered mail to the address recordedon the register of corporate permits and is deemed to have been received on the3rd day after the date the notice is sent.

 

            (2)       Notice of any act or thing that is required to be given to the Registrar or theCouncil by a partnership or corporate entity under the Act or these regulationsmust be in writing and sent by pre-paid registered mail, and is deemed to havebeen received on the 3rd day after the date the notice is sent.

Part 4: Complaints and Discipline

Appointment and operation of Complaints Committee

35        (1)       The Council must appoint a Complaints Committee consisting of any number ofmembers and non-members that the Council determines.

 

            (2)       Council must appoint a chair and vice-chair of the Complaints Committee.

 

            (3)       The Vice-chair must act as chair in the absence of the Chair.

 

            (4)       Whenever for any reason neither the Chair nor the Vice-chair is available for thepurpose of subsection (5), (6) or (7), the Council may, for that purpose, appoint amember of the Complaints Committee as chair of the Committee.

 

            (5)       The Chair of the Complaints Committee must appoint a panel of 3 persons fromthe Committee, one of whom must be a non-member, to act as the ComplaintsCommittee for the purposes of the complaint process.

 

            (6)       The Chair of the Complaints Committee may sit on the panel and must act as thechair of the panel in this event.

 

            (7)       If the Chair of the Complaints Committee is not appointed to the panel, the Chairmust appoint another chair for the panel.

 

            (8)       3 persons constitute a quorum of the Complaints Committee.

 

            (9)       Failure of 1 or more Complaints Committee members to receive any notice of ameeting does not invalidate the proceedings at the meeting, and nothing precludesthe members from waiving notice of meetings.

 

            (10)     Each Complaints Committee decision requires the vote of a majority of the panelof the Committee appointed under subsection (5), and in the event of a tie vote,the Chair of the panel must cast an additional vote to break the tie.

 

            (11)     If the term of office of any person sitting on the Complaints Committee expiresduring a proceeding before the Committee, that person may remain part of theCommittee until the proceeding is concluded.

Withdrawal of complaint

36        If the Association and the complainant agree, a complaint may be withdrawn.

Complaint Committee procedures

37        The Complaints Committee may set its own procedures for the conduct of its meetings.

Complaints Committee jurisdiction

38        The Complaints Committee retains jurisdiction over a matter until a hearing begins beforethe Discipline Committee or the Discipline Committee otherwise resolves the matter.

Disclosure of information by Complaints Committee

39        (1)       When the Complaints Committee renders any decision, it must determine whetheror not to make some or all of the decision available to the public in general, or anymember of the public in particular.

 

            (2)       Any complaint received or under investigation, any information gathered in thecourse of the complaint process and any proceeding or decision of the ComplaintsCommittee that is not open to or available to the public in accordance with the Actor these regulations must be kept confidential by any person who has knowledgeof it.

Appointment and operation of Discipline Committee

40        (1)       The Council must appoint a Discipline Committee consisting of any number ofmembers and non-members that the Council determines.

 

            (2)       The Council must appoint a chair and vice-chair of the Discipline Committee.

 

            (3)       The Vice-chair must act as chair in the absence of the Chair.

 

            (4)       Whenever for any reason neither the Chair nor the Vice-chair is available for thepurpose of subsection (5), (6) or (7), the Council may, for that purpose, appoint amember of the Discipline Committee as chair of the Committee.

 

            (5)       The Chair of the Discipline Committee must appoint a panel of 3 persons from theCommittee, one of whom must be a non-member, to act as the DisciplineCommittee for the purposes of the discipline process.

 

            (6)       The Chair of the Discipline Committee may sit on the panel and must act as thechair of the panel in this event.

 

            (7)       If the Chair of the Discipline Committee is not appointed to the panel, the Chairmust appoint another chair for the panel.

 

            (8)       Any 2 persons from the panel appointed under subsection (5), regardless ofwhether the persons are members or non-members, constitute a quorum of theDiscipline Committee.

 

            (9)       Failure of 1 or more Discipline Committee members to receive any notice of ameeting does not invalidate the proceedings at the meeting, and nothing precludesthe members from waiving notice of meetings.

 

            (10)     Each Discipline Committee decision requires the vote of a majority of the panel ofthe Committee appointed under subsection (5), and in the event of a tie vote, theChair of the panel must cast an additional vote to break the tie.

 

            (11)     If the term of office of any person sitting on the Discipline Committee expiresduring a proceeding before the Committee, that person may remain part of theCommittee until the proceeding is concluded.

Notice of hearing

41        (1)       If the Complaints Committee refers a matter to the Discipline Committee, theRegistrar must fix a date, time and place for holding a hearing, which mustcommence no later than 90 days after the date of the referral by the ComplaintsCommittee, or any later date that the respondent and the Association agree to orthe Discipline Committee orders following an opportunity for submissions fromboth parties as to the date.

 

            (2)       A notice of hearing must state the details of the charges against the respondent,and must specify the time and place of the hearing and state that the respondentmay be represented by legal counsel.

Amendment to notice of hearing

42        (1)       The Discipline Committee, at any time before or during a hearing, on its ownmotion or on receipt of motion from a party to the hearing, may amend or alterany notice of hearing to

 

                        (a)       correct an alleged defect in substance or form; or

 

                        (b)       make the notice conform to the evidence, if

 

                                    (i)        there appears to be a variance between the evidence and the notice,or

 

                                    (ii)       the evidence discloses potential professional misconduct, conductunbecoming an architect, a violation of the Act or these regulationsor professional incompetence that is not alleged in the notice.

 

            (2)       If the Discipline Committee amends or alters a notice of hearing, the respondentmust be given sufficient opportunity to prepare an answer to the amendment oralteration.

 

            (3)       If the Discipline Committee determines that an amendment or alteration to anotice of hearing sought by a party is not appropriate, the Discipline Committeemay refuse to make the amendment or alteration, and if considered appropriate,may refer any new allegations that are included in the amendment or alteration tothe Registrar for processing as a complaint.

Deemed service of documents

43        At any stage of the discipline process, any document required to be served on or given toa respondent or any other individual is deemed to be served or given if

 

                        (a)       the intended recipient or their counsel acknowledges receipt of thedocuments;

 

                        (b)       a registered mail receipt is given by Canada Post;

 

                        (c)       an affidavit of service is given; or

 

                        (d)       the Association gives evidence satisfactory to the Discipline Committeethat all reasonable efforts to effect service have been exhausted.

Attendance at Discipline Committee hearing

44        (1)       A complainant is not entitled to participate as a party at a hearing.

 

(2)Subject to subsection 45(1), a hearing is open to the public.

 

            (3)       The Association must give notice to the public of the date, time and location ofany scheduled hearing, through its website or through any alternate means that theAssociation determines.

Order preventing disclosure of Discipline Committee hearing matters

45        (1)       On application or its own motion, the Discipline Committee may make an orderthat the public, in whole or in part, be excluded from a hearing or any part of it ifthe Discipline Committee is satisfied that

 

                        (a)       personal, medical, financial or other matters may be disclosed at thehearing of such a nature that the desirability of avoiding public disclosureof those matters in the interest of any person affected or in the publicinterest outweighs the desirability of adhering to the principle that hearingsbe open to the public; or

 

                        (b)       the safety of any person may be jeopardized.

 

            (2)       The Discipline Committee may make an order to prevent the public disclosure ofany matters disclosed at a hearing, including an order prohibiting broadcasting ofthose matters or, in accordance with clause 43(b) of the Act, an order imposing apublication ban, if the Committee is satisfied that

 

                        (a)       personal, medical, financial or other matters may be disclosed at thehearing of such a nature that the desirability of avoiding public disclosureof those matters in the interest of any person affected or in the publicinterest outweighs the desirability of adhering to the principle that hearingsbe open to the public; or

 

(b)the safety of any person may be jeopardized.

 

            (3)       The Discipline Committee may make an order that the public be excluded from apart of a hearing dealing with an application for an order under subsection (1) or(2).

Discipline Committee hearing procedures

46        (1)       Subject to the rules of natural justice, the Discipline Committee may determineany additional rules of procedure for hearings not covered by the Act or theseregulations.

 

            (2)       The testimony of witnesses at a hearing must be taken under oath or affirmationand must be recorded.

 

            (3)       Any oath or affirmation required may be administered by any member of theDiscipline Committee, or other person in attendance authorized by law toadminister oaths or affirmations.

 

            (4)       The Discipline Committee may require the respondent to do any of the following:

 

                        (a)       submit to a review of the respondent’s practice by a qualified person orpersons designated by the Discipline Committee, and to authorize a copyof the review to be given to the Discipline Committee;

 

                        (b)       submit to a competence assessment or other assessment or examination todetermine whether the respondent is professionally competent to practisearchitecture, and to authorize the assessment or a report of the examinationto be given to the Discipline Committee;

 

                        (c)       produce records kept with respect to the respondent’s practice.

 

            (5)       If a respondent fails to comply with a requirement made under subsection (4), theDiscipline Committee may order that the respondent’s licence be suspended untilthe respondent complies, or may order restrictions or conditions on therespondent’s licence.

 

            (6)       The costs of complying with a requirement made under subsection (4) must beinitially borne by the Association, and may be awarded as an award of costsagainst a respondent when a Discipline Committee renders its final decision in thematter.

Failure to attend

47        If a respondent does not attend a hearing, the Discipline Committee, on proof of serviceof the notice of hearing, or proof of substituted service, may proceed with the hearing in arespondent’s absence and, without further notice to the respondent, take any action that itis authorized to take under the Act and these regulations.

Evidence

48        (1)       Evidence may be given before the Discipline Committee in any manner that theCommittee considers appropriate, and the Committee is not bound by the rules oflaw respecting evidence applicable to judicial proceedings.

 

            (2)       Evidence obtained by the Discipline Committee and any information obtained bythe Complaints Committee or an investigator regarding a complaint that has notbeen dismissed by the Complaints Committee must be preserved for at least 5years from the date the evidence or information is presented.

Application for reinstatement

49        (1)       An application to a Reinstatement Committee under subsection 48(9) of the Actfor reinstatement of a licence must be directed in writing to the Registrar togetherwith an application fee as determined by Council.

 

            (2)       An application for reinstatement must include information that will assist theReinstatement Committee in determining that the objects of the Association willbe met if reinstatement is granted.

 

            (3)       On receipt of an application for reinstatement, the Registrar may request that aninvestigation be conducted to gather relevant and appropriate informationconcerning the application.

 

            (4)       If an investigation is conducted under subsection (3), the person who investigatesmust give a written report to the Reinstatement Committee and the applicant,including all material relevant to the application, including the decision of theDiscipline Committee and any other relevant information gathered during theinvestigation.

 

            (5)       The Reinstatement Committee must set a date for the hearing of an application forreinstatement and must advise the applicant of the date.

 

            (6)       Evidence before the Reinstatement Committee must be taken under oath oraffirmation and recorded, and is subject to cross-examination.

 

            (7)       Following consideration of the evidence and representations from the applicantand a representative of the Association, the Reinstatement Committee must makea decision concerning the application for reinstatement, and must communicatethe decision in writing to the applicant and to the Registrar.

 

            (8)       If an application for reinstatement is accepted, the Reinstatement Committee mayimpose any terms and conditions that it considers appropriate relating to thereinstatement of the applicant and, in addition to the terms and conditions, theapplicant must satisfy all criteria required for the issuance of a licence under theAct and these regulations.

 

            (9)       A decision of the Reinstatement Committee concerning an application forreinstatement is final.

 

            (10)     Despite subsection (9), if an application for reinstatement is rejected, the applicantmay resubmit the application for reinstatement after 1 year has elapsed followingthe date of the decision of the Reinstatement Committee, or at any later timedetermined by the Reinstatement Committee that rejected the application.

 

            (11)     Any 3 persons from the Reinstatement Committee, at least 1 of whom is a publicrepresentative, constitute a quorum of the Reinstatement Committee.