BILL NO. 115
(as passed, with amendments)
1st Session, 60th General Assembly
55 Elizabeth II, 2006
Architects ActCHAPTER 12 OF THE ACTS OF 2006
The Honourable Murray K. Scott
Minister of Justice
First Reading: November 16, 2006 (LINK TO BILL AS INTRODUCED)
Second Reading: November 17, 2006
Third Reading: November 23, 2006 (WITH COMMITTEE AMENDMENTS)
Royal Assent: November 23, 2006
Be it enacted by the Governor and Assembly as follows:
(k) "good character" means such character as will enable a person to discharge the fiduciary duties of an architect to that person's client and to the public for the protection of health, safety and welfare and evidence of the inability to discharge such duties includes the commission of an offence justifying discipline under Section 48;
(o) "member" means, except where the context otherwise requires, a person who has been issued a licence pursuant to Section 23 or a renewal of such licence pursuant to Section 27, or any person whose name appears in the register and in any class of membership as prescribed by the regulations;
(q) "practice of architecture" means rendering or offering to render services, hereinafter described, in connection with the design and construction, enlargement or alteration of a building or group of buildings and the space within the site surrounding the buildings, that have as their principal purpose human occupancy or habitation and those services include pre-design services, programming, planning, providing designs, drawings, specifications and other technical submissions, the administration of construction contracts and the co-ordination of any elements of technical submissions prepared by others;
(w) "responsible control" means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care and, for greater certainty does not include, reviewing, or reviewing and correcting, technical submissions after they have been prepared by others;
(y) "temporary licence" means an authorization issued by the Association in accordance with the regulations that permits the practice of architecture on a temporary or project-specific basis and that is subject to any conditions or restrictions set out in the temporary licence.
3 The Nova Scotia Association of Architects, as constituted immediately before the coming into force of this Act, continues to be a body corporate and politic with perpetual succession and a common seal with its head office at Halifax.
(4) Upon the coming into force of this Act, the members of the Council are those persons who are authorized at that time as officers and members and those persons hold office until the first annual meeting of the Association after the coming into force of this Act.
(5) At the first annual meeting of the Association after the coming into force of this Act, six members of the Council shall be elected in the manner prescribed by the by-laws, three of whom hold office only until the adjournment of the next annual meeting of the Association.
5 Subject to this Act, the regulations and the by-laws, the Council shall govern, control and administer the affairs of the Association and may exercise all powers vested in it by this Act, the regulations and the by-laws.
(5) Upon the coming into force of this Act, the officers of the Association are those persons who are authorized at that time as officers and those persons hold office until the first annual meeting of the Association after the coming into force of this Act.
(n) the ability to borrow money for the Association and to give security for any money so borrowed on any of the real, personal or mixed property of the Association by way of mortgage, pledge, charge or otherwise;
(a) respecting the establishment, operation and proceedings of the Complaints Committee, the Discipline Committee, the Board or other committees, the appointment of members to such committees or the Board and procedures for filling vacancies on committees or the Board and the delegation to such committees or the Board of any powers or duties of the Association or the Council under this Act;
(f) establishing other classes of membership in addition to the class of licensed architect which may include classes of membership to be known as intern architect, honorary member, student member, retired member and associate member;
(g) establishing requirements for registration of applicants for any class of membership, including the academic qualifications, work experience, examination requirements, membership fees and such other qualifications as may be determined by the Association;
(j) establishing the rights, duties and obligations of individuals registered under any class of membership, including the requirement to abide by the Association's standards of ethical conduct, notice required for and conditions of resignation from the Association and such other matters as the Association prescribes by regulation;
(k) respecting the granting of a temporary licence to practise to a qualified applicant and the academic qualifications, work experience, examination requirements, fees requirements and other qualifications required to obtain such temporary licence to practise and the rights, duties and obligations of the holders of a temporary licence;
(q) respecting the requirements for professional development activities necessary for renewal of a licence, and the interim procedures applicable when professional development requirements have not been met;
(3) Any regulation made pursuant to clause (1)(n) comes into effect only upon the passing by such other professional association or associations of identical regulations pursuant to the legislation governing such other professional association or associations subject only to such changes in references to the applicable legislation and applicable association required of the context.
12 The Association shall maintain a class of membership known as licensed architect and the Association may establish and maintain, pursuant to the regulations, other classes of membership as determined from time to time.
14 An individual applying for a class of membership other than that of a licensed architect shall apply in the manner and in the form provided for in the by-laws and shall provide such evidence of the individual's qualifications, work experience, examinations and other qualifications as may be prescribed by the regulations.
(c) submit evidence satisfactory to the Board that such individual holds a certificate from a designated architectural certification board or has completed such other education as the Board deems equivalent;
21 The Council shall cause to be kept by the Registrar a register, to be known as the Register of the Nova Scotia Association of Architects, in which shall be entered the particulars of each member, including the class of membership to which the member belongs.
22 Every individual who, immediately before the coming into force of this Act, was registered as a member of the Association shall be registered as a member under this Act and is deemed to hold a licence until the expiration of the current calendar year.
24 Every license issued and remaining in force is prima facie evidence in any legal proceeding that the individual named therein is legally registered as an architect for the period for which it is issued, and of all other facts stated therein.
25 Every licence is effective upon issuance and continues in effect until the end of the calendar year in which it is issued, unless restricted in time in accordance with Section 28 or suspended or revoked in accordance with this Act.
28 Where an applicant for a renewal of a licence has met all of the requirements of Section 26, except clause (f), the Board may issue a licence for a limited period of time to allow the applicant to complete the required professional development activities.
33 All technical submissions prepared by a licensed architect, or under the architect's responsible control, shall be sealed with the seal of the licensed architect and signed by the licensed architect, signifying that the licensed architect was in responsible control of the content of the technical submissions and has applied the required standard of care.
(a) the architect may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under this Act if the architect has reviewed and adopted in whole or in part such portions and has either co-ordinated their preparation or integrated them into the architect's work; and
(b) the architect may sign or seal those portions of the technical submissions that are not required by this Act to be prepared by or under the responsible control of an architect if the architect has reviewed and adopted in whole or in part such submissions and integrated them into the architect's own work.
35 Any licensed architect signing or sealing technical submissions not prepared by that architect, but prepared under that architect's responsible control by persons not regularly employed in the office where the architect is resident, shall maintain and make available to the Board upon request for at least five years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the architect's control over and detailed knowledge of such technical submissions throughout their preparation.
(a) "complaint" means any complaint in writing initiated by the Board, any committee of the Association, any employee of the Association, the Registrar or any other person regarding the conduct, actions, professional competence or character of a member;
37 All complaints shall be sent to the Complaints Committee and the Committee shall mail by registered mail or otherwise cause to be delivered to the respondent, at that person's last known address, a copy of the complaint, inviting a response to the complaint in writing to the Committee within fourteen days from receipt of the correspondence.
38 (1) The Complaints Committee shall consider and investigate the complaint, including examining or making every reasonable effort to examine all records and documentation relating to the complaint and, as part of its investigation of a complaint, the Committee may require the respondent to undergo such relevant examinations as it may direct.
(4) The Complaints Committee may, during its investigation, where it determines that it may be desirable or in the public interest to do so, suspend the respondent from practice or order conditions or restrictions on the licence of the respondent pending the completion of the investigation and, where the matter is referred to the Discipline Committee, may continue such suspension, conditions or restrictions during the hearing and adjudication of such complaint by the Discipline Committee.
(6) During an investigation the Complaints Committee may investigate any other matter that may constitute professional misconduct, conduct unbecoming an architect or professional incompetence relating to the respondent that arises in the course of the investigation.
(iv) with the consent of the respondent, order that the respondent receive a reprimand and that the reprimand be communicated to the respondent and the complainant and such other persons as the Complaints Committee considers appropriate,
40 (1) Where the Complaints Committee, in its absolute discretion, at any time after the receipt or institution of a complaint deems it necessary or advisable, it may, without a hearing, require the respondent to undergo such examinations as the Committee may designate in order to determine whether the member has adequate skill and knowledge to practise architecture and, where the member fails to undergo any such examination, the Association may, upon recommendation of the Committee, without further notice, revoke or suspend the member's licence or membership until the member undergoes such examinations.
(2) Where the Complaints Committee, in its absolute discretion, at any time after the receipt or institution of a complaint deems it necessary or advisable, it may, without a hearing, require any member to submit to an audit or other examination of its business, books and records by such person or persons as the Committee may designate and, where the member or holder of a corporate permit fails to submit to such audit or examination, the Committee may, without further notice, revoke or suspend the licence or corporate permit until this Section is complied with.
41 (1) Where the Association believes that a matter referred to a Discipline Committee may be resolved by settlement, the Association may tender in writing to the respondent a settlement proposal which shall include an admission or admissions by the respondent to one or more of the allegations set out in the notice of hearing and the respondent's consent to a specified disposition, conditional upon the acceptance of the settlement proposal by the Complaints Committee and the Discipline Committee.
(2) Where both parties are in agreement with a settlement proposal tendered pursuant to subsection (1), the Association shall forward the settlement proposal to the Complaints Committee for consideration.
(3) In preparing a settlement proposal, the parties, where agreeable, may use a mediator, and the costs of the mediator shall be divided equally between the Association and the respondent, unless otherwise agreed by the parties.
(10) Where a settlement proposal has been rejected, the hearing shall proceed without reference to the settlement proposal or any admissions contained in the settlement proposal until such time as the Discipline Committee has determined whether professional misconduct, conduct unbecoming an architect or professional incompetence has been proven.
(13) Any alleged breach by a respondent of an undertaking given in, or a condition of, a settlement proposal that is accepted by the Discipline Committee, shall be referred to a Discipline Committee and may form the subject of a hearing before the Discipline Committee.
(2) Notwithstanding subsection (1), a Discipline Committee may, in its discretion, allow the introduction of evidence that would be otherwise inadmissible under subsection (1) and may make directions it considers necessary to ensure that a party is not prejudiced.
(2) A Discipline Committee is entitled, but not bound, to find a member guilty of professional misconduct if the member is found to have breached any canon of ethics or rule of ethical conduct approved or adopted by the Association pursuant to any by-law.
48 (1) Where the Discipline Committee makes a finding of guilt under Section 47, it may, by order, impose any sanction, penalty or remedial measures it considers appropriate including any one or more of the following:
(f) require the respondent to pay all or a portion of the Association's costs with regard to the discipline process including, solicitor/client costs, disbursements incurred by the Discipline Committee and the Complaints Committee, costs of the investigation and any and all costs associated with the investigation and resolution of the complaint.
(2) Subject to any publication bans imposed by the Discipline Committee, where the Discipline Committee has made a finding of guilt pursuant to Section 47 and has imposed a sanction pursuant to this Section, the Committee shall cause to be published in an official publication of the Association a summary of the decision, and may publish in such other publications as the Committee may direct the full decision or a summary of the decision.
(3) Where the Discipline Committee makes a finding of guilt pursuant to Section 47 and imposes a sanction pursuant to this Section, the Committee shall determine whether a copy of the decision or a summary of the decision shall be forwarded to individuals who may be affected by the decision, subject to such publications bans as the Committee deems appropriate.
(4) Where the Discipline Committee imposes a suspension or revocation of a licence and in other circumstances that may be prescribed by the Governor in Council from time to time, the Committee shall cause to be published in a newspaper or newspapers distributed throughout the Province, notification to the pubic of the suspension, revocation or other sanction.
(5) Where the Discipline Committee imposes a suspension or revocation of a licence and in other circumstances that may be prescribed by the Governor in Council from time to time, the Committee shall cause notices of the suspension, revocation or other sanction to be provided to those individuals specified in the regulations.
(6) The Discipline Committee shall cause a determination by the Committee that allegations against a respondent were unfounded to be published in an official publication of the Association upon the request of the respondent and may publish such order in detail or in summary in any other publication as the Committee may direct.
(7) A fine or costs ordered to be paid pursuant to subsection (1) is a debt due to the Association recoverable by civil action for debt in addition to any other remedy available to the Association for non-payment of a fine or costs.
(8) The jurisdiction of the Complaints Committee and the Discipline Committee is not affected by the fact that a person who is the subject of a complaint or proceeding pursuant to this Act ceases to be registered as a member of the Association or ceases to hold or be named on a licence.
(9) Where a licence has been revoked by a Discipline Committee, the member may apply to a Re-instatement Committee appointed by the Council for the re-instatement of the licence, in the manner prescribed by the regulations.
(10) For the purpose of subsection (9), Council shall appoint a re-instatement committee, comprised of not fewer than three and not more than five members of the Council, at least one of whom must be a public representative.
(12) The re-instatement committee has all the powers conferred by this Act and the regulations in the discharge of its functions as well as the powers, privileges and immunities of commissioners appointed under the Public Inquiries Act.
49 Within sixty days of the findings of the Discipline Committee pursuant to Section 48, the Committee shall provide its decision in writing with reasons respecting findings made pursuant to both Sections 47 and 48.
(2) The notice of appeal shall be filed at the Nova Scotia Court of Appeal and served upon the other party not later than thirty days after service of the decision of the Discipline Committee pursuant to Section 49.
(3) The record on appeal from the findings of the Discipline Committee consists of a copy of the transcript of the proceedings, the decision of the Committee, the evidence before the Committee certified by the chair of the Committee and such other materials as the court determines are required for a fair hearing of the appeal.
(4) The Civil Procedure Rules, governing appeals from the Supreme Court of Nova Scotia to the Nova Scotia Court of Appeal, that are not inconsistent with this Act, apply mutatis mutandis to appeals to the Court of Appeal pursuant to this Section.
(5) Where a matter is appealed to the Nova Scotia Court of Appeal pursuant to this Section, the decision of the Discipline Committee takes effect immediately unless the Court of Appeal, upon application, grants a stay.
51 Except as set forth in Section 56, no person shall directly or indirectly engage in the practice of architecture in the Province or use the title "Architect", "Registered Architect", "Architectural Designer", or display or use any words, letters, figures, titles, sign, card, advertisement or other symbol or device indicating or tending to indicate that such person is an architect or is practicing architecture, unless the person is licensed under this Act, except that a person licensed in another jurisdiction may use the title "Architect" when identifying the person's profession in circumstances that would not lead a reasonable person to believe that the person using the title "Architect" is offering to perform any of the services that the practice of architecture comprises.
52 (1) No person shall build, erect, alter, enlarge or cause to be built, erected, altered or enlarged a building if the preparation or design of plans for the building, erection, alteration or enlargement falls within the practice of architecture, unless the plans for such building, erection, alteration or enlargement are prepared or designed by a licensed architect.
53 Nothing in this Act shall be construed as preventing either an architect or a professional engineer from being the prime design consultant in respect of the building, erection, alteration or enlargement of a building.
(a) applies to or limits or restricts a professional engineer or a partnership, association of persons or a body corporate authorized under the Engineering Profession Act to engage in the practice of professional engineering, in the performance of any act of planning, designing or advising on the design of the erection, construction, alteration of or addition to a building, the preparation of plans, drawings, detailed drawings or specifications or graphic representations with respect thereto or reviewing work or assessing the performance of work in respect thereof, if the professional engineer responsible has relevant experience and is competent in the services provided;
(b) otherwise prevents a professional engineer or a partnership, association of persons or a body corporate authorized under the Engineering Profession Act from engaging in the practice of professional engineering; or
(c) applies to or limits or restricts a person authorized to practise interior design under the Interior Designers Act in the practice of interior design in accordance with the Interior Designers Act or a person in carrying out interior design work under the supervision of such a person in accordance with the Interior Designers Act.
55 The Association may establish one or more joint practice boards with any other professional association or associations including, without limiting the generality of the foregoing, an association of professional engineers with the power to review and make recommendations to the Council and any council of such other professional association or associations on professional practice issues of mutual concern.
(a) "assembly occupancy" means the occupancy or the use of a building, or part thereof, by a gathering of persons for civic, political, travel, religious, social, educational, recreational or like purposes, or for the consumption of food or drink;
(b) "building area" means the greatest horizontal area of a building above grade within the outside surface of exterior walls or within the outside surface of exterior walls and the centre line of firewalls;
(d) "business and personal services occupancy" means the occupancy or use of a building, or part thereof, for the transaction of business or the rendering or receiving of professional or personal services;
(e) "emergency" means an earthquake, eruption, flood, storm, hurricane or other catastrophe that has been designated as a major disaster or emergency by the Prime Minister of Canada or the Premier or other duly authorized official of the Province;
(f) "high hazard industrial occupancy" means an industrial occupancy containing sufficient quantities of highly combustible and flammable or explosive materials that, because of their inherent characteristics, constitute a special fire hazard;
(h) "medium hazard industrial occupancy" means an industrial occupancy in which the combustible content is more than 50 kilograms per square metre or 1,200 megajoules per square metre of floor area and not classified as high hazard industrial occupancy;
(j) "residential occupancy" means the occupancy or use of a building, or part thereof, by persons for whom sleeping accommodation is provided but who are not harboured or detained to receive medical care or treatment or are not involuntarily detained.
(a) the practice of architecture by persons other than licensed architects in connection with a building as constructed, enlarged or altered, and used for one or more of the following occupancies, unless a licensed architect is otherwise required by law or by the building authority having jurisdiction over the project:
(h) a partnership, including a limited liability partnership that meets the requirements of the Partnership Act, or any other type of partnership, or company, including a professional corporation, a limited liability company or any other form of corporate entity from performing or holding itself out as able to perform any of the services involved in the practice of architecture provided that
(ii) any agreement to perform such services is executed on behalf of the partnership or company by the partner or partners or by the director or directors who hold a licence issued pursuant to this Act and who will exercise responsible control over the particular services contracted for by the partnership or company, and
(l) a person currently employed under the responsible control of a licensed architect, and who maintains in good standing a record with a designated architectural certification board, from using the title "intern architect" in conjunction with the person's current employment if such person complies with all the regulations applicable to intern architects and such person does not engage in the practice of architecture except to the extent permitted by this Act or the regulations;
57 (1) Where any building is being erected, altered or enlarged contrary to this Act, in addition to any other remedy or penalty provided by this Act, any person may apply to a judge by way of originating notice for an order restraining construction or any other order, and the judge may grant such order restraining construction or any other order that, in the opinion of the judge, the justice of the case requires.
(2) A copy of every order restraining construction granted by the Supreme Court of Nova Scotia shall be served upon the defendant and such other persons as the judge may direct and when so served shall remain in force until varied or revoked by the Court.
(3) An order restraining construction granted by the Supreme Court of Nova Scotia may be varied or revoked by the Court upon being satisfied that the building will be proceeded with without the commission of any further violation of this Act and that all fines and costs levied have been paid.
(4) For the purpose of this Act or the regulations, proof of the performance by a non-member of one act in the practice of architecture is sufficient to establish that the person has engaged in the practice of architecture.
61 A certificate purporting to be under the hand of the Registrar and the seal of the Association that the person named therein on the date or within the period therein stated was or was not a member or the holder of a licence or was or was not suspended from the Association or that membership of the person named therein was or was not cancelled on the date specified in the certificate shall be received in evidence in any court as prima facie proof of the facts therein stated.
62 (1) Where, pursuant to Chapter 21 of the Revised Statutes, 1989, the Architects Act, referred to in this Section as the "former Act", and regulations made pursuant to that Act, a complaint is made before the coming into force of this Act, and the proceedings in respect of the complaint have not been concluded before the coming into force of this Act, the complaint and all proceedings in relation thereto shall be dealt with under the former Act and regulations made pursuant to it as if the former Act remained in full force and effect.
(3) Any proceedings in respect of a complaint made pursuant to this Act that are commenced after the coming into force of this Act shall be dealt with under this Act and the regulations and by-laws made pursuant to this Act, notwithstanding that the acts, conduct or events to which the complaint relates occurred, in whole or in part, prior to the coming into force of this Act.
(4) Every order, decision, direction or other disposition of any complaint made pursuant to the former Act and any regulations made pursuant to the former Act continue in full force and effect notwithstanding the coming into force of this Act.
63 (1) The relationship of a member to a partnership or company that is engaged in the practice of architecture, whether as a shareholder, director, officer, partner or employee, does not affect, modify or diminish the application to the member of this Act, the regulations and the by-laws.
(2) The liability of an individual arising from that individual or any other individual engaging in the practice of architecture, or any other practices authorized under this Act, is not affected by reason only that the services are provided by a partnership or company.
64 No action lies against the Association, the Board, the Council, persons on the Council, committees of the Association, persons on such committees, the Registrar or any other officers, agents or employees of the Association for
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