34. (1) The Discipline Committee shall, (a)  when so directed by the Council or the Complaints Committee, hear and determine allegations of professional misconduct or incompetence against a member of the Association or a holder of a certificate of practice or a temporary licence; (b)  hear and determine matters referred to it under section 30, 33 or 42; and (c)  perform such other duties as are assigned to it by the Council.  R.S.O. 1990, c. A.26, s. 34 (1). Professional misconduct (2) A member of the Association or a holder of a certificate of practice or a temporary licence may be found guilty of professional misconduct by the Committee if, (a)  the member or holder has been found guilty of an offence relevant to the person’s suitability to practise, upon proof of such conviction; (b)  the member or holder has been guilty in the opinion of the Discipline Committee of professional misconduct as defined in the regulations.  R.S.O. 1990, c. A.26, s. 34 (2). Incompetence (3) The Discipline Committee may find a member of the Association or a holder of a certificate of practice or a temporary licence to be incompetent if in its opinion, (a)  the member or holder has displayed in the member’s or holder’s professional responsibilities a lack of knowledge, skill or judgment or disregard for the welfare of the public the member or holder serves of a nature or to an extent that demonstrates the member or holder is unfit to carry out the responsibilities of an architect; or (b)  the member or holder is suffering from a physical or mental condition or disorder of a nature and extent making it desirable in the interests of the public or the member or holder that the member or holder no longer be permitted to engage in the practice of architecture or that the member’s or holder’s practice of architecture be restricted.  R.S.O. 1990, c. A.26, s. 34 (3). Powers of Discipline Committee (4) Where the Discipline Committee finds a member of the Association or a holder of a certificate of practice or a temporary licence guilty of professional misconduct or incompetence it may, by order, (a)  revoke the licence of the member or the certificate of practice or temporary licence of the holder; (b)  suspend the licence of the member or the certificate of practice or temporary licence of the holder for a stated period, not exceeding twenty-four months; (c)  accept the undertaking of the member or holder to limit the professional work of the member or holder in the practice of architecture to the extent specified in the undertaking; (d)  impose terms, conditions or limitations on the licence, certificate of practice or temporary licence, of the member or holder, including but not limited, in the case of a member or a holder of a temporary licence, to the successful completion of a particular course or courses of study, as are specified by the Discipline Committee; (e)  impose specific restrictions on the licence, certificate of practice or temporary licence, including but not limited to, (i)  requiring the member or the holder of the temporary licence to engage in the practice of architecture only under the personal supervision and direction of another member, or a member, as the case may be, (ii)  requiring the member to not alone engage in the practice of architecture, (iii)  requiring the member or the holder of the certificate of practice or temporary licence to accept periodic inspections by the Committee or its delegate of the books, accounts, records and designs of the member or the holder in connection with the member’s or holder’s practice, (iv)  requiring the member or the holder of the certificate of practice or temporary licence to report to the Registrar or to such committee of the Council as the Discipline Committee may specify on such matters in respect of the member’s or holder’s practice for such period of time, at such times and in such form, as the Discipline Committee may specify; (f)  require that the member or the holder of the certificate of practice or temporary licence be reprimanded, admonished or counselled and, if considered warranted, direct that the fact of the reprimand, admonishment or counselling be recorded on the register; (g)  revoke or suspend for a stated period of time the designation of the member or holder by the Association as a specialist in any branch of architecture; (h)  impose such fine as the Discipline Committee considers appropriate, to a maximum of $5,000, to be paid by the member or the holder of the certificate of practice or temporary licence to the Treasurer of Ontario for payment into the Consolidated Revenue Fund; (i)  require the member or the holder of the certificate of practice or temporary licence to repay, waive or reduce the fee of the member or the holder in respect of the practice of architecture related to the finding of professional misconduct or incompetence; (j)  subject to subsection (5) in respect of orders of revocation or suspension, direct that the finding and the order of the Discipline Committee be published in an official publication of the Association in detail or in summary and either with or without including the name of the member or holder; (k)  fix and impose costs to be paid by the member or the holder to the Association; (l)  direct that the imposition of a penalty be suspended or postponed for such period and upon such terms or for such purpose as may be specified by the Discipline Committee, including but not limited to, (i)  the successful completion by the member or the holder of the temporary licence of a particular course or courses of study, (ii)  the production to the Discipline Committee of evidence satisfactory to it that any physical or mental incapacity in respect of which the penalty was imposed has been overcome, or any combination of them.  R.S.O. 1990, c. A.26, s. 34 (4); 2009, c. 33, Sched. 2, s. 6. Publication of revocation or suspension (5) The Discipline Committee shall cause an order of the Committee revoking or suspending a licence, certificate of practice or temporary licence to be published, with or without the reasons therefor, in an official publication of the Association together with the name of the member or holder of the revoked or suspended licence, certificate of practice or temporary licence.  R.S.O. 1990, c. A.26, s. 34 (5). Publication on request (6) The Discipline Committee shall cause a determination by the Committee that an allegation of professional misconduct or incompetence was unfounded to be published in an official publication of the Association, upon the request of the member or the holder of a certificate of practice or temporary licence against whom the allegation was made.  R.S.O. 1990, c. A.26, s. 34 (6). Costs (7) Where the Discipline Committee is of the opinion that the commencement of the proceedings was unwarranted, the Committee may order that the Association reimburse the member or the holder of the certificate of practice or temporary licence for the member’s or holder’s costs or such portion thereof as the Discipline Committee fixes and the Association shall comply with the order.  R.S.O. 1990, c. A.26, s. 34 (7). Stay on appeal for incompetence (8) Where the Discipline Committee revokes, suspends or restricts a licence, certificate of practice or temporary licence on the ground of incompetence, the decision takes effect immediately even if an appeal is taken from the decision unless the court to which the appeal is taken otherwise orders, and, where the court is satisfied that it is appropriate in the circumstances, the court may so order.  R.S.O. 1990, c. A.26, s. 34 (8). Stay on appeal for professional misconduct (9) Where the Discipline Committee revokes, suspends or restricts a licence, a certificate of practice or a temporary licence on a ground other than incompetence, the order does not take effect until the time for appeal from the order has expired without an appeal being taken or, if taken, the appeal has been disposed of or abandoned, unless the Discipline Committee otherwise orders, and, where the Committee considers that it is appropriate for the protection of the public, the Committee may so order.  R.S.O. 1990, c. A.26, s. 34 (9). Service of decision of Discipline Committee (10) Where the Discipline Committee finds a member or a holder of a certificate of practice or temporary licence guilty of professional misconduct or incompetence, a copy of the decision shall be served upon the person complaining in respect of the conduct or action of the member or holder.  R.S.O. 1990, c. A.26, s. 34 (10). Continuation on expiry of Committee membership (11) Where a proceeding is commenced before the Discipline Committee and the term of office on the Council or on the Committee of a member sitting for the hearing expires or is terminated, other than for cause, before the proceeding is disposed of but after evidence has been heard, the member shall be deemed to remain a member of the Discipline Committee for the purpose of completing the disposition of the proceeding in the same manner as if his or her term of office had not expired or been terminated.  R.S.O. 1990, c. A.26, s. 34 (11). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 6 - 15/12/2009 Discipline proceedings