1 This Act may be cited as the Architects Act.

2 (1) In this Act,

(a) "Association" means the Nova Scotia Association of Architects;

(b) "Board" means the Board of Examiners of the Association;

(c) "building" means any assembly of two or more of the following components, namely, foundation, structural frame, floor, wall and roof and other parts, and any part of a building, whether finished or unfinished, that is

(i) more than three hundred square metres in building area,

(ii) more than two storeys in height, excluding the basement, or,

(iii) intended for public use,

but does not include a single-family dwelling of less than six hundred square metres in building area;

(d) "building area" means the greatest horizontal area of a building above grade within the outside surfaces of exterior walls or, where no access or building surface penetrates a firewall, within the outside surfaces of exterior walls and the centre line of firewalls;

(e) "by-laws" means by-laws of the Association;

(f) "certificate of practice" means a certificate of practice in force issued pursuant to this Act;

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

(h) "fire separation" means a construction assembly that acts as a barrier against the spread of fire and that may or may not have a fire-resistance rating or a fire-protection rating;

(i) "firewall" means a type of fire separation of non- combustible construction that subdivides a building or separates adjoining buildings to resist the spread of fire and that has a fire-resistance rating prescribed in the National Building Code of Canada, as amended from time to time, and has structural stability to remain intact under fire conditions for the fire-resistance time for which it is rated;

(j) "grade" means the lowest of the average levels of finished ground adjoining each exterior wall of a building, but does not include localized depressions such as for vehicle or pedestrian entrances;

(k) "honorary member" means an individual described in Section 19;

(l) "intern architect" means an individual as described in Section 18;

(m) "Interprofessional Practice Regulations" means the regulations passed pursuant to Section 52;

(n) "judge" means a judge of the Supreme Court of Nova Scotia;

(o) "member" means, except where the context otherwise requires, a member of the Association described in Section 17;

(p) "membership" means membership in the Association;

(q) "National Building Code of Canada" means the National Building Code and changes thereto and replacements thereof as issued by the National Research Council and as adopted by regulations made pursuant to the Building Code Act, with modifications and additions as are prescribed by those regulations;

(r) "practice of architecture" means

(i) planning, designing or advising on the design of or on the erection, construction or alteration of or addition to a building,

(ii) preparing plans, drawings, detailed drawings, specifications or graphic representations for the design of or for the erection, construction or alteration of or addition to a building, or

(iii) reviewing work and assessing the performance of work under a contract for the erection, construction or alteration of or addition to a building,

but does not include any act in relation to the planning, design, erection, construction, alteration of or addition to a building that is within the practice of professional engineering in relation to buildings;

(s) "President" means the President of the Association; (t) "professional engineer" means a person authorized to practise professional engineering pursuant to the Engineering and Geoscience Professions Act;

(u) "public use" means use by members of the public or any segment of the public, whether by virtue of express or implied invitation by the owners or occupants;

(v) "Register" means the Register of the Association kept pursuant to this Act;

(w) "Registrar" means the Registrar of the Association;

(x) "single-family dwelling" means a free standing detached building intended for occupation by a single family;

(y) "special authorization to practise" means a special authorization to practise architecture issued by the Association to a professional engineer under the authority of regulations passed pursuant to subsection 52(5).

(2) It is recognized that the design of, and the erection, construction and alteration of or addition to, buildings is a field of professional activity that involves the practice of professional engineering and nothing in this Act diminishes or impairs the role of professional engineers in relation thereto, but the Interprofessional Practice Regulations may provide that the services of a professional engineer may not be required in the case of certain buildings.

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 (1) There shall be a Council of the Association to be appointed in the manner provided for in this Act and the by-laws.

(2) The Council consists of the President, the immediate past president, a member of the academic staff of the Technical University of Nova Scotia Faculty of Architecture designated annually by the Board of Governors of that institution, six members of the Association appointed in the manner provided for in the by-laws and a minimum of one and a maximum of two members of the public appointed in the manner provided for in the by-laws.

(3) Subject to subsections (4) and (5), the term of all members of the Council other than the President, the immediate past president and the member from the Technical University of Nova Scotia shall be from their date of election to the adjournment of the second annual meeting after their election.

(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 the Act, six members of the Council shall be elected in the manner prescribed by the by-laws, three of whom shall 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.

6 (1) The officers of the Association are the President, Vice-president and Secretary-treasurer and those officers shall exercise the powers and have the duties set out in the by-laws.

(2) The President shall be elected at the annual meeting of the Association by a majority vote of the members taken in the manner prescribed by the by-laws and holds office until the adjournment of the next annual meeting.

(3) No individual is eligible for election as President unless that individual

(a) is a member of the Association; and

(b) has served on Council for at least one year.

(4) No individual shall be nominated for the office of President while serving a second consecutive year as President of the Association.

(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.

7 At its first meeting after election, the Council shall

(a) elect from its members a Vice-president, Secretary- treasurer and a Registrar;

(b) appoint from among the members of the Association a Board of Examiners; and

(c) make such other appointments as it deems appropriate to carry out its mandate.

8 (1) Meetings of the Association and of Council shall be called, held and governed in the manner prescribed in the by-laws.

(2) An annual meeting of the Association shall be held at a time and date specified in the by-laws.

9 The Association has as its purposes

(a) the protection of the public through

(i) the maintenance of competence and ethical conduct of its members, and

(ii) the enforcement of this Act with respect to illegal practice;

(b) the advancement of the knowledge, skill and proficiency of its members in all matters relating to the practice of architecture; and

(c) the promotion of the architectural profession and architectural services.

10 (1) The Association may make by-laws for the governance of the Association and the management and conduct of the Association including

(a) the calling of, conduct of and manner of governance of meetings of the Association and of the Council;

(b) the nomination and election of members of the Council and prescribing the duties and functions of members of the Council;

(c) the appointment to and term of office on the Council of members of the public and prescribing those persons' powers, duties and functions;

(d) the power to fill vacancies on the Council or in any other office or on any committee created by the Association;

(e) the appointment, number and term of employees of the Association and prescribing those persons' powers, duties and functions;

(f) criteria for the issuance of a certificate of practice to individuals, partnerships or corporations from outside the Province;

(g) the number of members that constitutes a quorum at meet- ings of the Association or of the Council;

(h) prescribing of fees and reimbursement for expenses payable to members of the Council, the Board or any committee of the Council or the Association or for a member representing the Association;

(i) the establishment of and payment of sums of money for scholarships, fellowships and any other educational incentive or benefit programs that the Council or the Association considers appropriate;

(j) the issuance of, the information to be engraved on and the use to be made of seals and stamps held by persons holding a certificate of practice;

(k) the fixing of the amount and the time for payment of dues and levies payable to the Association by members, and dues and levies payable to the Association by members holding certificates of practice;

(l) the payment of the costs arising from any action taken by the Association, the Council, the Complaints Committee or the Discipline Committee;

(m) the provision of entries and deletion of names and information from the Register;

(n) appeals to the Council from the Registrar's refusal to grant a certificate of practice;

(o) the prescribing of forms to be used for membership, obtaining a certificate of practice and any other form or document that may be required for the purpose of this Act, the regulations and the by-laws;

(p) the ability of the Association to acquire, hold and dispose of real and personal property;

(q) the ability to lease or erect buildings for the use of the Association;

(r) 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;

(s) the ability to invest the funds of the Association from time to time in such investments as are authorized for investments of trust funds under the Trustee Act;

(t) the criteria for and the manner in which the title of honorary member will be bestowed on members or non- members of the Association;

(u) the indemnification by the Association of any member of the Council, the Board, the Complaints Committee, the Discipline Committee or the Registrar or any member of any other committee or appointee against any losses, costs, expenses, damages or liability arising from actions taken in good faith in the course of their work on behalf of the Association.

(2) The Association may make by-laws with respect to

(a) the standards of ethical conduct for members including, without limiting the generality of the foregoing, the adoption of canons of ethics governing the conduct of members;

(b) a voluntary or compulsory liability insurance plan for members;

(c) a guide for fees for architectural services;

(d) a guide for proposal calls for architectural services.

(3) The Regulations Act does not apply to by-laws of the Association.

(4) No by-law of the Association comes into force until the by-law has been passed by a three-fourths majority of the members present at a special or general meeting of the Association.

11 (1) The Association may make regulations respecting

(a) the establishment, operation and proceedings of the Com- plaints 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;

(b) the academic qualifications of, training requirements for and the conditions under which applicants for membership shall be admitted into the Association;

(c) the evaluation by the Board of the academic or other qualifications of and training requirements for applicants for a certificate of practice;

(d) technical standards and competence for the practice of architecture;

(e) the disciplinary procedures for all members of the Association;

(f) the requirements for examinations to be successfully completed by applicants for membership.

(2) No regulation of the Association made pursuant to subsection (1) comes into force until

(a) the Registrar certifies that

(i) a copy of the proposed regulation was mailed to each member of the Association at least thirty days before the day on which the regulation was considered by a meeting of the Association, and

(ii) the regulation was passed by a three-fourths majority of the members present at the meeting; and

(b) the regulation is approved by the Governor in Council.

12 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 and each person holding a certificate of practice.

13 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, on application, may receive a certificate of practice.

14 A notation in the Register, as required by by-law, shall be made of every individual who is admitted into membership of the Association after the coming into force of this Act.

15 Every individual who, at the time of the coming into force of this Act, was registered as a member of the Association and who remains a member in good standing may engage in the practice of architecture without a certificate of practice for one year from the date of the coming into force of this Act.

16 The Association shall maintain three classes of membership which shall be known as member, intern architect and honorary member.

17 An individual shall be registered as a member of the Association if that individual

(a) applies for membership in the manner and in the form provided for in the by-laws;

(b) holds academic qualifications approved by the Council on recommendation from the Board;

(c) has completed practical work experience approved by the Board;

(d) has successfully completed the examinations required by the Association or equivalent as determined by the Board;

(e) pays the dues required by the Association; and

(f) satisfies the Board that the individual is of good and moral character.

18 An individual shall be registered as an intern architect of the Association if that individual

(a) applies for membership in the manner and in the form provided for in the by-laws;

(b) has graduated from an approved program of an institution which provides instruction in architectural studies approved by Council, or has completed a syllabus program approved by Council; and

(c) pays the dues required by the Association.

19 The Association may designate any individual an honourary member of the Association and shall register that individual as such if the Council is of the opinion that such a distinction is appropriate.

20 A member is entitled to

(a) vote at any meeting of the Association; and

(b) use "architect" or any of its abbreviations or derivatives as a descriptive title with respect to that member, except that no member shall engage in the practice of architecture unless that member holds a certificate of practice.

21 A member and intern architect shall

(a) observe the Association's standards of ethical conduct including, without limiting the generality of the foregoing, all canons of ethics adopted by the by-laws; and

(b) give notice, in writing, to the Registrar of any intention to resign from the Association and, only with the approval of the Council, resign from the Association.

22 An intern architect

(a) may use "intern architect" as a descriptive title with respect to himself or herself, but no other derivative thereof as a descriptive title;

(b) may attend, but not vote, at any meeting of the Association; and

(c) is not permitted to hold a certificate of practice.

23 An honorary member

(a) may use the word "honorary member" as a descriptive title with respect to himself or herself, but no other derivative thereof as a descriptive title;

(b) may attend, but not vote at, any meeting of the Association, unless otherwise entitled; and

(c) is not permitted to hold a certificate of practice, unless otherwise entitled.

24 One month after the dues of a member or intern architect become payable, the Council may strike the member's or intern architect's name from the Register if the annual dues have not been paid.

25 (1) A person shall be issued a certificate of practice where that person

(a) applies for a certificate of practice in the manner and in the form provided for in the by-laws; and

(b) where

(i) an individual, is a member of the Association engaged or intending to engage in the practice of architecture,

(ii) a partnership,

(A) the partners consist only of members of the Association and members of the Association of Professional Engineers and Geoscientists of Nova Scotia,

(B) the partners, or general partners in the case of a limited partnership, are members of the Association who hold at least a fifty per cent interest in the partnership,

(C) it is the customary function of the partnership to engage in the practice of architecture or in the practice of archi- tecture and professional engineering, and

(D) the partnership ensures that the practice of architecture is engaged in only by or under the supervision of a member of the Association who is a partner of the partnership,

(iii) a partnership other than a partnership referred to in subclause (ii),

(A) the partners, or general partners in the case of a limited partnership, are members of the Association and hold at least a fifty-one per cent interest in the partnership,

(B) it is the customary function of the partnership to engage in the practice of architecture, and

(C) the partnership ensures that the practice of architecture is engaged in only by or under the supervision of a member of the Association who is a partner in the partnership,

(iv) a corporation,

(A) the shareholders consist only of members of the Association and members of the Association of Professional Engineers and Geoscientists of Nova Scotia,

(B) at least fifty per cent of the votes attaching to all voting shares of the corporation are held by members of the Association or by a holding company controlled, in fact, by members of the Association,

(C) it is the customary function of the corporation to engage in the practice of architecture or in the practice of archi- tecture and engineering,

(D) at least fifty-one per cent of the directors are members of the Association, and

(E) the corporation ensures that the practice of architecture is engaged in only by or under the supervision of a member of the Association who is a shareholder of the corporation or, in the case of a holding company that holds shares in the corpo- ration, by a member who is a shareholder of the holding com- pany, or

(v) a corporation other than a corporation referred to in subclause (iv),

(A) at least fifty-one per cent of the votes attaching to all voting shares of the corporation are held by members of the Association or by a holding company controlled, in fact, by members of the Association,

(B) it is the customary function of the corporation to engage in the practice of architecture,

(C) at least fifty-one per cent of the directors are members of the Association, and

(D) the corporation ensures that the practice of architecture is engaged in only by or under the supervision of a member of the Association who is a shareholder of the corporation or, in the case of a holding company that holds shares in the corporation, by a member who is a shareholder of the holding company.

(2) Applications for a certificate of practice shall be made to, and the certificate shall be issued by, the Registrar.

(3) A certificate of practice shall not be issued unless the applicant has satisfied the Registrar of compliance with all of the requirements and criteria for the issuance of a certificate of practice as set forth in this Act, the regulations and the by-laws.

(4) Refusal by the Registrar to grant a certificate of practice may be appealed to the Council in accordance with the procedure prescribed in the by-laws.

(5) Any power given to the Registrar by this Section may be delegated, subject to the approval of the Council.

(6) The Registrar shall issue a stamp, in a form approved by the Council, to each holder of a certificate of practice, which the holder shall affix to all design and construction documents to signify that the document has been prepared by

(a) the individual who is the holder of the certificate of prac- tice; or

(b) a member, where the certificate of practice is held by a partnership or corporation, in which case the initials or name of the member who prepared the document shall be legibly placed inside the stamp when it is placed on the document.

26 Certificates of practice shall

(a) be valid until December 31st of the year of issuance;

(b) indicate on their face the form of business association to whom the certificate has been issued; and

(c) where the certificate of practice is held by a partnership or corporation, list the names of all members authorized to practise under that certificate of practice.

27 The Association may, by regulation, establish criteria for the issuance of certificates of practice to individuals, partnerships or corporations from outside the Province that may include, without limiting the generality of the foregoing, the requirement of membership in the Association.

28 One month after the dues applicable to a certificate of practice are due, the Council may revoke the certificate of practice if the dues have not been paid.

29 The Association may make by-laws regarding the re-instatement of individuals as members.

30 In Sections 31 to 42,

(a) "complaint" means any complaint in writing and signed by the complainant regarding the conduct, actions, competence, character, fitness or ability of a member or any similar complaint, report or allegation initiated by the Council of its own motion;

(b) all references to "member" include a reference to an intern architect, the holder of a certificate of practice and the holder of a special authorization to practise; and

(c) all references to a "certificate of practice" include a reference to a special authorization to practise.

31 (1) 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 member, at that person's last known address, a copy of the complaint, inviting a response to the complaint, in writing, to the Complaints Committee within fourteen days from receipt of the correspondence.

(2) In lieu of the written answer referred to in subsection (1), the member complained of may forward a letter acknowledging the receipt of such complaint and offer to appear before the Complaints Committee for the purpose of furnishing an answer orally.

32 (1) The Complaints Committee shall, within sixty days of receipt of the complaint, 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 Complaints Committee may require the member to undergo such examinations as it may direct.

(2) A member of the Complaints Committee may act as the Association's investigating officer and may carry out an investigation of a complaint.

(3) An investigation conducted pursuant to subsection (2) may include

(a) requests for further and additional written or oral explanations from the member complained of, the complainant and, where directed by the chair of the Complaints Committee, third parties; and

(b) requests for an informal interview of the member complained of by one or more members of the Complaints Committee.

(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 from practice the member complained of pending the completion of the investigation and, if the matter is referred to the Discipline Committee, may continue such suspension during the hearing and adjudication of such complaint by the Discipline Committee.

(5) During an investigation, the member complained of shall co-operate fully in respect of the investigation with the Complaints Committee or anyone acting on its behalf.

33 (1) The Complaints Committee in accordance with the information it receives shall

(a) direct that the matter be referred, in whole or in part, to the Discipline Committee;

(b) caution the member in circumstances as it considers appropriate; or

(c) dismiss the complaint.

(2) The Complaints Committee shall send its decision, in writing, by pre-paid first-class mail to the complainant and to the member complained of.

34 (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 member in respect of whom a complaint is made to undergo such examinations as the Complaints Committee may designate in order to determine whether the member has adequate skill and knowledge to practise architecture and, if the member fails to undergo any such examination, the Association may, upon recommendation of the Complaints Committee, without further notice, revoke or suspend the member's certificate of practice 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 or any corporation or partnership holding a certificate of practice to submit to an audit or other examination of its business, books and records by such person or persons as the Complaints Committee may designate and, if the member or holder of a certificate of practice fails to submit to such audit or examination, the Complaints Committee may, without further notice, revoke or suspend the certificate of practice or membership of the member, or the certificate of practice of the partnership or corporation, until this Section is complied with.

35 The Discipline Committee shall

(a) hear and determine matters referred to it by the Complaints Committee; and

(b) perform such other duties as are assigned to it by Council.

36 The Discipline Committee, in the discharge of its functions, has all the powers, privileges and immunities of a commissioner appointed pursuant to the Public Inquiries Act.

37 In proceedings before the Discipline Committee, the Association and the member whose conduct is being investigated in the proceedings are the parties to the proceedings.

38 The member whose conduct is being investigated

(a) is entitled to at least fourteen days notice of the hearing, which notice shall be given by personal service or registered mail;

(b) shall be given an opportunity to examine, prior to the hearing, all written or documentary evidence that will be produced or any report, the evidence of which will be presented at the hearing; and

(c) is entitled to have the member's legal counsel at the hearing.

39 (1) The Discipline Committee may, after a hearing, dismiss the complaint or find that

(a) the member concerned is guilty of

(i) conduct unbecoming an architect,

(ii) professional misconduct,

(iii) incompetence,

(iv) negligence in the practice of architecture,

(v) a contravention of this Act, the regulations or by-laws,

(vi) obtaining membership or a certificate of practice by fraud, deceit or misrepresentation; or

(b) the complaint has not been substantiated or does not warrant disciplinary action.

(2) The Discipline Committee is entitled but not bound to find a member guilty of professional misconduct where 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 of the Association.

40 (1) Where the Discipline Committee makes a finding of guilt under Section 39, it may, by order, impose any sanction, penalty or remedial measures it considers appropriate including, but not limited to, any one or more of the following:

(a) revoke the membership or the certificate of practice of the member, or both;

(b) suspend the member or the certificate of practice of the member, or both, for a stated period;

(c) reprimand, admonish or counsel the member and direct that the fact of the reprimand, admonishment or counselling be recorded on the Register;

(d) subject to subsection (2), direct that the finding and the order be published in an official publication of the Association in detail or in summary and either with or without the member's name and publish such order in detail or in summary in any other publication as the Discipline Committee may direct;

(e) require the member to pay all or a portion of the Association's costs with regard to the discipline process;

(f) fine the member such amount as it may decide.

(2) The Discipline Committee shall cause an order of the Committee revoking membership or suspending a member or a certificate of practice to be published, with or without reasons, in an official publication of the Association, including the name of the member and may publish such order in detail or in summary in any other publication as the Discipline Committee may direct.

 (3) The Discipline Committee shall cause a determination by the committee that the allegation of professional misconduct or incompetence was unfounded to be published in an official publication of the Association upon the request of the member against whom the allegation was made and may publish such order in detail or in summary in any other publication as the Discipline Committee may direct.

(4) 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.

(5) The jurisdiction of the Complaints Committee and of the Discipline Committee is not affected by the fact that a person who is the subject of a complaint or proceeding pursuant to this Part ceases to be registered as a member of the Association or ceases to hold or be named on a certificate of practice or a special authorization to practise.

41 Within sixty days of the completion of the Discipline Committee hearing, the Discipline Committee shall provide to the Registrar, in writing, its decision in the matter.

42 (1) Any person, who has been disciplined pursuant to Sections 39 and 40 may, within thirty days after receiving notice of the decision and order of suspension or revocation, appeal on a question of law to a judge from such suspension or revocation by notice in writing to the Association.

(2) Upon receipt of a notice of appeal, the Association shall file, with the prothonotary of the Supreme Court of Nova Scotia, the evidence taken at the inquiry, together with the allegations made against the person suspended or revoked and a copy of the decision and order of the Disciplinary Committee.

(3) The judge shall hear the appeal on a question of law and shall either confirm, reverse or modify the decision and order of suspension or revocation.

(4) Costs of the appeal shall be in the discretion of the judge.

(5) Unless the suspension or revocation is set aside on the appeal or the judge or the Council otherwise orders, the person whose membership or certificate of practice is revoked or suspended shall not practise architecture in the Province, except after expiration of the period of suspension or after re-instatement by Council.

(6) Where the decision and order of suspension or revocation is reversed on the appeal, the person shall be re-instated in the manner set out in the by-laws.

43 Subject to the Interprofessional Practice Regulations, no person shall offer to, agree to or practise architecture unless that person holds a certificate of practice or is an architect listed on the certificate of practice of a partnership or corporation.

44 (1) No person shall call or hold himself or herself out to be an architect unless that person is a member of the Association.

(2) A person is deemed to take or use the title of architect if that person does the following:

(a) advertises that the person is an architect, either alone or in connection with any other word, name, title or designation, except as a naval architect or landscape architect; or

(b) describes himself or herself in any document as an architect or any derivation of "architect".

(3) Any partnership or corporation that holds a certificate of practice in its name may use "architect" or any derivation of "architect" in its corporate, partnership or business name.

(4) Any partnership or corporation that employs one or more architects who hold a certificate of practice but does not itself hold a certificate of practice may not use "architect" or any derivation of "architect" in its corporate, partnership or business name but may offer the services of such architects and may advertise that it offers services including the practice of architecture.

45 Section 43 does not apply to

(a) an employee of a holder of a certificate of practice while that employee acts under the supervision and direction of an architect listed on the certificate of practice;

(b) any partnership or corporation that employs an architect who holds a certificate of practice or the partners, associates, shareholders, directors or officers of which hold a certificate of practice whether or not such partnership or corporation itself is the holder of a certificate of practice, but only to the extent that the practice of architecture offered, agreed to or carried out is engaged in only by or under the supervision of a member named on such certificate of practice.

46 Subject to the Interprofessional Practice Regulations, unless plans for those aspects of a building or the erection, alteration or enlargement thereof, the design of which is within the practice of architecture, are prepared by an architect who is the holder of a certificate of practice or who is named on a certificate of practice held by a partnership or corporation or by the holder of a special authorization to practise, no person shall build, erect, alter, enlarge or cause to be built, erected, altered or enlarged the building.

47 (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) Any order restraining construction granted by the Supreme Court may be varied or revoked by the Court 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.

48 A person who violates this Act is guilty of an offence and liable upon summary conviction to a fine

(a) for a first offence, not exceeding five thousand dollars;

(b) for a second offence, not exceeding ten thousand dollars; or

(c) for a third or subsequent offence, not exceeding fifteen thousand dollars,

or to imprisonment for a term not exceeding six months, or to both fine and imprisonment.

49 Every person who knowingly makes any false statement, verbal or written, with intent to obtain membership in the Association or a certificate of practice is guilty of an offence.

50 Every officer of the Association who knowingly makes any false entry in the records of the Association or issues any false certificate is guilty of an offence.

51 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 certificate of practice 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.

52 (1) In this Section,

(a) "Agreement" means an Agreement made pursuant to subsection (3);

(b) "Association of Professional Engineers" means the Association of Professional Engineers and Geoscientists of Nova Scotia as continued by the Engineering and Geoscience Professions Act;

(c) "interprofessional practice" includes, but is not limited to,

(i) the practice of professional engineering, or the offering to the public or engaging in the business of providing to the public of services that are within the practice of professional engineering by persons, partnerships, associations of persons or bodies corporate holding or acting under a certificate of practice; and

(ii) the practice of architecture or the offering to the public, or engaging in the business of providing to the public, services that are within the practice of architecture, by holders of certificates of professional engineering registration, licences to practise professional engineering and certificates of engineering authorization, respectively, issued pursuant to the Engineering and Geoscience Professions Act.

(2) The purpose of this Section is to enable the Association and the Association of Professional Engineers jointly to provide for the regulation, governance and administration of the architectural and engineering professions in respect of matters or areas of common professional interest or practice.

(3) Without limiting the generality of the powers conferred upon the Association by any other provision of this Act, the Association may enter into an Agreement with the Association of Professional Engineers in furtherance of the purpose and intent of this Section respecting, among other things, the interrelationship of the Association and the Association of Professional Engineers and their respective members, holders of a certificate of practice, licensees and other entities falling within their respective regulatory jurisdictions, the interrelationship of the practice of architecture and the practice of professional engineering, the interprofessional practice of architecture and professional engineering and the respective roles of architects and professional engineers in respect of the planning, design, erection, construction and alteration of buildings and additions thereto and, without limiting the generality of the foregoing, the Agreement may contain terms providing for

(a) the circumstances in which, and the extent to which, persons, partnerships, associations of persons and bodies corporate authorized under this Act to engage in the practice of architecture may engage in the practice of professional engineering, and hold themselves out as so entitled;

(b) the circumstances in which, and the extent to which, persons, partnerships, associations of persons and bodies corporate, authorized to engage in the practice of professional engineering may engage in the practice of architecture, and hold themselves out as so entitled;

(c) the circumstances in which, and the extent to which, members, holders of certificates of practice and members named on certificates of practice may offer to the public, or engage in the business of providing to the public, services that are within the practice of professional engineering;

(d) the circumstances in which, and the extent to which, holders of certificates of registration, licences to practise professional engineering and certificates of engineering authorization issued pursuant to the Engineering and Geoscience Professions Act may offer to the public, or engage in the business of providing to the public, services that are within the practice of architecture;

(e) the establishment and differential regulation of classes and categories of persons and entities referred to in clauses (a), (b), (c) and (d);

(f) the qualifications, requirements and conditions that must be met before the persons and entities referred to in clauses (a), (b), (c) and (d) are authorized to engage in the activities respectively referred to therein and the requirements, conditions and limits under which such persons and entities may engage in such activities;

(g) the conferring upon officials, committees or other bodies of such powers and duties as are conducive to the carrying into effect of the intent and purpose of this Section and an Agreement;

(h) all matters of registration, licensing and authorizing activities referred to in this Section, the signing and sealing of plans, drawings, designs and documents, and other matters of administration and procedure relating to the subject-matter of an Agreement;

(i) the establishment of a joint practice board including its composition, quorum, the appointment and term or terms of its members, the filling of vacancies and related matters of procedure, and conferring upon the board such powers and duties as are conducive to the carrying into effect of the intent and purpose of this Section and an Agreement, including, but not limited to, power to mediate disputes with respect to the regulation of professional activities of architects and professional engineers, to examine, advise and report to the Association and the Association of Professional Engineers concerning all matters of interprofessional practice and interprofessional relations, and to make representations to third parties on behalf of the Association and the Association of Professional Engineers;

(j) generally, the governance, regulation and discipline of persons, partnerships, associations of persons, and bodies corporate authorized or proposed to be authorized by or pursuant to an Agreement to engage in the practice of architecture or the practice of professional engineering;

(k) the commencement or staying of proceedings under this Act or regulations made and approved pursuant to this Section;

(l) appeals to the Supreme Court of Nova Scotia from decisions and determinations made under or pursuant to regulations made or approved pursuant to this Section;

(m) the application or varied application of, or exemption in whole or in part from, this Act, the regulations or the by-laws in respect of activities, matters, things, persons, partnerships, associations of persons, bodies corporate or other entities, to the extent considered by the Association to be advisable to give effect to the purpose and intent of this Section or an Agreement, and prescribing the extent of such application, varied application or exemption.

(4) An Agreement, an amendment thereto or the termination thereof does not come into effect until

(a) it is approved by

(i) a majority of the members of the Association casting ballots in a vote conducted by mail or other means in accordance with the procedure prescribed by the by-laws, or

(ii) a majority of members of the Association present and voting at a meeting of the Association convened and conducted in accordance with the by-laws;

(b) it is approved by the Association of Professional Engineers; and

(c) following the approvals referred to in clauses (a) and (b), it is approved by the Governor in Council.

(5) Where an Agreement approved pursuant to subsection (4), or any portion thereof, is expressed by the terms of such Agreement to be intended by the Association and the Association of Professional Engineers to have the force and effect of regulations, the Agreement, or designated portion thereof, constitutes regulations made pursuant to this Act that may be amended or repealed only by an Agreement that is intended to have the force and effect of regulations and that is approved pursuant to subsection (4).

(6) Section 43 does not apply to prevent persons, partnerships, associations of persons or bodies corporate authorized under the Engineering and Geoscience Professions Act to engage in the practice of professional engineering from preparing or providing a design for and carrying out the general review of the construction or alteration of or addition to a building in accordance with regulations made pursuant to this Section.

53 No proceeding shall be commenced for any violation of this Act after two years from the date of the alleged committing of such violation.

54 Any actions against architects for negligence shall be commenced within two years after the date on which the cause of action arose.

55 (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 the former Act and regulations made pursuant to it as if the former Act remained in full force and effect.

(2) 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.

(3) 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 shall continue in full force and effect notwithstanding the coming into force of this Act.

(4) Regulations made pursuant to the former Act shall, to the extent they are not inconsistent with this Act, remain in force until such time as substitute regulations and by-laws are passed pursuant to this Act.

56 Chapter 21 of the Revised Statutes, 1989, the Architects Act, is repealed.

57 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.