jswizzle3737/ontario_laws_and_regs huggingface dataset:
4. (1) The Association shall hold an annual meeting of the members of the Association not more than fifteen months after the holding of the last preceding annual meeting.  R.S.O. 1990, c. A.26, s. 4 (1). Proxies (2) A member of the Association entitled to vote at a meeting of members of the Association may, by means of a proxy, appoint a member as his or her nominee, to attend and act at the meeting in the manner, to the extent and with the power conferred by the proxy.  R.S.O. 1990, c. A.26, s. 4 (2).
5. (1) Every person licensed by the Association is a member of the Association, subject to any term, condition or limitation to which the licence is subject.  R.S.O. 1990, c. A.26, s. 5 (1). Resignation of membership (2) A member may resign his or her membership by filing with the Registrar his or her resignation in writing and the member’s licence is thereupon cancelled, subject to the continuing jurisdiction of the Association in respect of any disciplinary action arising out of his or her professional conduct while a member.  R.S.O. 1990, c. A.26, s. 5 (2).
6. In addition to his or her other powers and duties under this Act, the Minister may, (a)  review the activities of the Council; (b)  request the Council to undertake activities that, in the opinion of the Minister, are necessary and advisable to carry out the intent of this Act; (c)  advise the Council with respect to the implementation of this Act and the regulations and with respect to the methods used or proposed to be used by the Council to implement policies and to enforce its regulations and procedures.  R.S.O. 1990, c. A.26, s. 6.
9. (1) The Council shall establish and appoint the following committees: (a)  Executive Committee; (b)  Academic Requirements Committee; (c)  Experience Requirements Committee; (d)  Registration Committee; (e)  Complaints Committee; (f)  Discipline Committee; (g)  Fees Mediation Committee, and may establish such other committees as the Council from time to time considers necessary.  R.S.O. 1990, c. A.26, s. 9 (1). Vacancies (2) Where one or more vacancies occur in the membership of a committee, the members remaining in office constitute the committee so long as their number is not fewer than a quorum of the committee.  R.S.O. 1990, c. A.26, s. 9 (2).
10. (1) The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council, other than to make, amend or revoke a regulation or a by-law.  R.S.O. 1990, c. A.26, s. 10 (1). Urgent matters (2) Subject to ratification by the Council at its next meeting, the Executive Committee may take action upon any other matter that requires immediate attention between meetings of the Council, other than to make, amend or revoke a regulation or a by-law.  R.S.O. 1990, c. A.26, s. 10 (2).
12 A corporation or partnership that holds a certificate of practice may engage in the practice of architecture.  2010, c. 16, Sched. 2, s. 1 (5). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (5) - 25/10/2010
13.  (1)  The Registrar shall issue a licence to a natural person who applies therefor in accordance with the regulations and, (a)  is of good character; (b)  is not less than eighteen years of age; (c)  is a citizen of Canada or has the status of a permanent resident of Canada or is a member of an organization of architects that is recognized by the Council and that has objects, standards of practice and requirements for membership similar to those of the Association; (d)  has complied with the academic and experience requirements specified in the regulations for the issuance of the licence or is exempted therefrom by the Council; and (e)  has passed such examinations and completed such courses of study as the Council may set or approve in accordance with the regulations or is exempted therefrom by the Council.  R.S.O. 1990, c. A.26, s. 13 (1); 2010, c. 16, Sched. 2, s. 1 (6). Grounds for refusal to issue licence (2)  The Registrar may refuse to issue a licence to an applicant where the Registrar is of the opinion, upon reasonable and probable grounds, that the past conduct of the applicant affords grounds for belief that the applicant will not engage in the practice of architecture in accordance with the law and with honesty and integrity.  R.S.O. 1990, c. A.26, s. 13 (2). Referral to committee (3)  The Registrar, on his or her own initiative, may refer and on the request of an applicant shall refer the application of the applicant for the issuance of a licence, (a)  to the Academic Requirements Committee for a determination as to whether or not the applicant has met the academic requirements prescribed by the regulations for the issuance of the licence; (b)  to the Experience Requirements Committee for a determination as to whether or not the applicant has met the experience requirements prescribed by the regulations for the issuance of the licence; or (c)  first to the Academic Requirements Committee and then to the Experience Requirements Committee for determinations under clauses (a) and (b).  R.S.O. 1990, c. A.26, s. 13 (3). Determination by committee (4)  A determination by a committee under subsection (3) is final and is binding on the Registrar and on the applicant.  R.S.O. 1990, c. A.26, s. 13 (4). Hearing (5)  A committee shall receive written representations from an applicant but is not required to hold or to afford to any person a hearing or an opportunity to make oral submissions before making a determination under subsection (3).  R.S.O. 1990, c. A.26, s. 13 (5). Notice of determination (6)  The Registrar shall give notice to the applicant of a determination by a committee under subsection (3) and, if the applicant is rejected, the notice shall detail the specific requirements that the applicant must meet.  R.S.O. 1990, c. A.26, s. 13 (6). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (6) - 25/10/2010
14.  (1)  The Registrar shall issue a certificate of practice to a corporation that applies therefor in accordance with the regulations if, (a)  a majority of the directors of the corporation is composed of, (i)  members of the Ontario Association of Architects, or (ii)  members of the Ontario Association of Architects and members of the Association of Professional Engineers of Ontario; (b)  at least 51 per cent, or such greater proportion as may be prescribed by the regulations, of the voting shares and of the value of all the shares of the corporation is directly or indirectly controlled and owned by, (i)  members of the Ontario Association of Architects, or (ii)  members of the Ontario Association of Architects and members of the Association of Professional Engineers of Ontario; (c)  the primary function of the corporation is to engage in the practice of architecture; and (d)  at least one of the directors or employees of the corporation is a member of the Association who will personally supervise and direct on a full-time basis the practice of architecture by the corporation.  R.S.O. 1990, c. A.26, s. 14 (1); 2010, c. 16, Sched. 2, s. 1 (7, 8). Idem (2)  The Registrar shall issue a certificate of practice to a corporation that applies therefor in accordance with the regulations if, (a)  the corporation holds a general certificate of authorization issued under the Professional Engineers Act; (b)  a majority of the directors of the corporation is composed of, (i)  members of the Association of Professional Engineers of Ontario, or (ii)  members of the Ontario Association of Architects and members of the Association of Professional Engineers of Ontario; (c)  at least 51 per cent, or such greater proportion as may be prescribed by the regulations, of the voting shares and of the value of all the shares of the corporation is directly or indirectly controlled and owned by, (i)  members of the Association of Professional Engineers of Ontario, or (ii)  members of the Association of Professional Engineers of Ontario and members of the Ontario Association of Architects; and (d)  at least one of the directors or employees of the corporation is a member of the Association who will personally supervise and direct on a full-time basis the practice of architecture by the corporation.  R.S.O. 1990, c. A.26, s. 14 (2); 2010, c. 16, Sched. 2, s. 1 (9, 10). Exclusion (2.1) Sections 3.2, 3.3 and 3.4 of the Business Corporations Act do not apply to a corporation that has been issued a certificate of practice under this section.  2009, c. 34, Sched. B, s. 1. Refusal to issue or revocation (3) The Registrar may refuse to issue a certificate of practice to a corporation or may suspend or revoke a certificate of practice issued to a corporation if the Registrar is of the opinion, on reasonable and probable grounds, that the corporation fails to comply with the requirements for the issuance of the certificate of practice set out in subsection (1) or (2).  2010, c. 16, Sched. 2, s. 1 (11). Section Amendments with date in force (d/m/y) 2009, c. 34, Sched. B, s. 1 - 1/11/2001 2010, c. 16, Sched. 2, s. 1 (7-11) - 25/10/2010
15 (1) The Registrar shall issue a certificate of practice to a partnership that proposes to engage in or hold itself out as engaging in the practice of architecture if the partnership applies for the certificate in accordance with the regulations and, (a)  at least 51 per cent, or such greater proportion as may be prescribed by the regulations, of the voting interest and of the financial interest in the partnership is directly or indirectly held by, (i)  one or more members of the Ontario Association of Architects, (ii)  one or more members of the Association of Professional Engineers of Ontario, or (iii)  one or more members of the Ontario Association of Architects and one or more members of the Association of Professional Engineers of Ontario; (b)  in the case of a partnership to which subclause (a) (ii) applies, the partnership employs at least one member of the Ontario Association of Architects who will personally supervise and direct on a full-time basis the practice of architecture by the partnership; and (c)  in the case of a partnership to which subclause (a) (ii) or (iii) applies, the partnership holds a general certificate of authorization.  2010, c. 16, Sched. 2, s. 1 (12). Exclusion (2) Sections 3.2, 3.3 and 3.4 of the Business Corporations Act
do not apply to a corporation that is a partner in a partnership that has been issued a certificate of practice under this section.  2010, c. 16, Sched. 2, s. 1 (12). Refusal to issue or revocation (3) The Registrar may refuse to issue a certificate of practice to a partnership or may suspend or revoke a certificate of practice issued to a partnership if the Registrar is of the opinion, on reasonable and probable grounds, that the partnership fails to comply with the requirements for the issuance of the certificate of practice set out in subsection (1).  2010, c. 16, Sched. 2, s. 1 (12). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (12) - 25/10/2010 16 Repealed:  2010, c. 16, Sched. 2, s. 1 (12). Section Amendments with date in force (d/m/y) 2009, c. 34, Sched. B, s. 2 - 1/11/2001 2010, c. 16, Sched. 2, s. 1 (12) - 25/10/2010
17. (1) The Registrar shall issue a certificate of practice to a member of the Association who applies therefor in accordance with the regulations.  R.S.O. 1990, c. A.26, s. 17 (1). Refusal or revocation (2) The Registrar may refuse to issue a certificate of practice to a member of the Association or may suspend or revoke a certificate of practice held by a member of the Association where the Registrar is of the opinion, upon reasonable and probable grounds, that the member has not engaged in the practice of architecture during the period of five years preceding the date of the refusal or revocation.  R.S.O. 1990, c. A.26, s. 17 (2).
18.  The Registrar shall issue a certificate of practice to a member of the Association of Professional Engineers of Ontario who applies therefor in accordance with the regulations and who, (a)  holds a general certificate of authorization; and (b)  employs at least one member of the Association who will personally supervise and direct on a full-time basis the practice of architecture by the holder of the certificate of practice.  R.S.O. 1990, c. A.26, s. 18; 2010, c. 16, Sched. 2, s. 1 (13). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (13) - 25/10/2010
19. The Registrar shall issue a licence or a certificate of practice upon a direction of the Council made in accordance with a recommendation by the Joint Practice Board.  R.S.O. 1990, c. A.26, s. 19. Refusal, revocation and suspension of certificates of practice
20 (1) The Registrar may refuse to issue a certificate of practice to a corporation, a partnership or a natural person, or may suspend or revoke a certificate of practice, where the Registrar is of the opinion, upon reasonable and probable grounds, that the past conduct, (a)  in the case of a corporation, of an officer, director or employee of the corporation; (b)  in the case of a partnership, of a member or employee of the partnership or of an officer, director or employee of a member of the partnership; or (c)  Repealed:  2010, c. 16, Sched. 2, s. 1 (15). (d)  in the case of a natural person, of the natural person, affords grounds for belief that the corporation, partnership or natural person, as the case may be, will not engage in the practice of architecture in accordance with the law and with honesty and integrity.  R.S.O. 1990, c. A.26, s. 20 (1); 2010, c. 16, Sched. 2, s. 1 (14-16). Suspension of effect (2) A holder of a certificate of practice ceases to be entitled to offer to the public or to provide to the public services that are within the practice of architecture as soon as there is no member of the Association who personally supervises and directs the practice of architecture by the holder of the certificate of practice.  R.S.O. 1990, c. A.26, s. 20 (2). Notice to Registrar by holder (3) The holder of a certificate of practice must give notice to the Registrar when there ceases to be a member of the Association who personally supervises and directs the practice of architecture by the holder of the certificate of practice and when the holder of the certificate of practice designates another member of the Association to personally supervise and direct such practice of architecture.  R.S.O. 1990, c. A.26, s. 20 (3). Notice to Registrar by person in position of professional responsibility (4) A member of the Association who ceases to personally supervise and direct the practice of architecture by a holder of a certificate of practice as the person so designated by the holder of the certificate of practice shall give notice of the cessation forthwith to the Registrar.  R.S.O. 1990, c. A.26, s. 20 (4). Past conduct (5) The Registrar may suspend or revoke a certificate of practice where the Registrar is of the opinion, upon reasonable and probable grounds, (a)  that the holder of the certificate of practice does not meet the requirements or the qualifications for the issuance of the certificate of practice set out in the regulations; or (b)  that there has been a breach of a condition of the certificate of practice.  R.S.O. 1990, c. A.26, s. 20 (5). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (14-16) - 25/10/2010 21 Repealed:  2010, c. 16, Sched. 2, s. 1 (17). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (17) - 25/10/2010
22 (1) It is a condition of every certificate of practice held by a corporation or a partnership that the holder of the certificate of practice shall provide services that are within the practice of architecture only under the personal supervision and direction, on a full-time basis, of a member of the Association who is, (a)  in the case of a corporation, an officer, director or employee of the corporation; or (b)  in the case of a partnership, a member or employee of the partnership or an officer, director or employee of a member of the partnership.  2010, c. 16, Sched. 2, s. 1 (18). Professional responsibility of supervising architect (2) A member of the Association who personally supervises and directs the practice of architecture by a holder of a certificate of practice is subject to the same standards of professional conduct and competence in respect of such practice of architecture as if the member personally engaged in the practice of architecture.  R.S.O. 1990, c. A.26, s. 22 (2). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (18) - 25/10/2010
23 (1) The Registrar shall issue a certificate of practice, (a)  to a corporation incorporated under the laws of a jurisdiction other than Ontario; (b)  Repealed:  2010, c. 16, Sched. 2, s. 1 (19). (c)  to a partnership formed under the laws of a jurisdiction other than Ontario, if the corporation or partnership is licensed or authorized to practise architecture by the jurisdiction other than Ontario, applies in accordance with the regulations and meets the requirements and qualifications set out in the regulations for the issuance of the certificate of practice.  R.S.O. 1990, c. A.26, s. 23 (1); 2010, c. 16, Sched. 2, s. 1 (19-21). Conditions (2) Every certificate of practice issued under subsection (1) is subject to the conditions prescribed by the regulations.  R.S.O. 1990, c. A.26, s. 23 (2). Limitation (3) A certificate of practice issued under subsection (1) is not valid except in respect of the architectural project described in the certificate of practice.  R.S.O. 1990, c. A.26, s. 23 (3). Non-application of s. 22 (4) Section 22 does not apply to a corporation or partnership that is issued a certificate of practice under subsection (1).  2010, c. 16, Sched. 2, s. 1 (22). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (19-22) - 25/10/2010
24. (1) The Registrar shall issue a temporary licence to a natural person who applies therefor in accordance with the regulations and who meets the requirements and qualifications for the issuance of the temporary licence set out in the regulations, whether or not the applicant is a Canadian citizen or has the status of a permanent resident of Canada.  R.S.O. 1990, c. A.26, s. 24 (1). Grounds for refusal, suspension or revocation (2) The Registrar may refuse to issue or may suspend or revoke a temporary licence where the Registrar is of the opinion, upon reasonable and probable grounds, (a)  that the past conduct of the applicant for or the holder of the temporary licence affords grounds for the belief that the applicant or holder will not engage in the practice of architecture in accordance with the law and with honesty and integrity; (b)  that the applicant for or the holder of the temporary licence does not meet the requirements or the qualifications for the issuance of the temporary licence set out in the regulations; or (c)  that there has been a breach of a condition of the temporary licence.  R.S.O. 1990, c. A.26, s. 24 (2). Referral to committees (3) Subsections 13 (3) to (6) (which relate to the Academic Requirements Committee and the Experience Requirements Committee) apply with necessary modifications in respect of an applicant for a temporary licence.  R.S.O. 1990, c. A.26, s. 24 (3). Conditions (4) Every temporary licence is subject to the conditions prescribed by the regulations.  R.S.O. 1990, c. A.26, s. 24 (4). Extent of temporary licence (5) A temporary licence is not valid except in respect of the architectural project described in the temporary licence.  R.S.O. 1990, c. A.26, s. 24 (5). Application of subs. (1) (6) Subsection (1) does not apply in respect of a member or a holder of a certificate of practice.  R.S.O. 1990, c. A.26, s. 24 (6). Membership (7) A temporary licensee is not a member of the Association.  R.S.O. 1990, c. A.26, s. 24 (7). Refusal to issue, suspend, revoke, imposition of conditions
26 A corporation or partnership that holds a certificate of practice has the same rights and is subject to the same obligations in respect of fiduciary, confidential and ethical relationships with each client of the corporation or partnership that exist at law between a member of the Association and his or her client.  R.S.O. 1990, c. A.26, s. 26; 2010, c. 16, Sched. 2, s. 1 (23). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (23) - 25/10/2010
27. (1) The Registrar shall maintain one or more registers in which is entered every person who is licensed under this Act and every holder of a certificate of practice or temporary licence, identifying the terms, conditions and limitations attached to the licence, certificate of practice or temporary licence, and shall note on the register every revocation, suspension and cancellation or termination of a licence, certificate of practice or temporary licence and such other information as the Registration Committee or Discipline Committee directs.  R.S.O. 1990, c. A.26, s. 27 (1). Inspection (2) Any person has the right, during normal business hours, to inspect the registers maintained by the Registrar.  R.S.O. 1990, c. A.26, s. 27 (2). Copies (3) The Registrar shall provide to any person, upon payment of a reasonable charge therefor, a copy of any part of the registers maintained by the Registrar.  R.S.O. 1990, c. A.26, s. 27 (3). Cancellation and reinstatement
28 (1) The Registrar may cancel a licence, certificate of practice or temporary licence for non-payment of any fee prescribed by the by-laws after giving the member or the holder of the certificate of practice or temporary licence at least two months notice of the default and intention to cancel, subject to the continuing jurisdiction of the Association in respect of any disciplinary action arising out of the member’s or holder’s professional conduct while a member or holder.  R.S.O. 1990, c. A.26, s. 28 (1). Reinstatement (2) A person who was a member or a holder of a certificate of practice or temporary licence whose licence, certificate of practice or temporary licence was cancelled by the Registrar under subsection (1) is entitled to have the licence, certificate of practice or temporary licence reinstated upon compliance with the requirements and qualifications prescribed by the regulations.  R.S.O. 1990, c. A.26, s. 28 (2). Cancellation for failure to pay premiums, etc. (3) The Registrar may cancel a licence, certificate of practice or temporary licence if the member or holder, (a)  has failed to pay a premium, levy or deductible in connection with insurance against professional liability as required by the by-laws; (b)  has not obtained and maintained insurance against professional liability as required by the regulations; or (c)  ceases to meet the conditions for exemption from the insurance requirement.  2001, c. 9, Sched. B, s. 1 (7). Notice (3.1) Before cancelling a licence, certificate of practice or temporary licence under subsection (3), the Registrar shall give the member or holder at least 10 days notice of the default and of the intention to cancel.  2001, c. 9, Sched. B, s. 1 (7). Continuing jurisdiction, discipline (3.2) Notice under subsection (3.1) and cancellation under subsection (3) do not affect the continuing jurisdiction of the Association in respect of any disciplinary action arising out of the member’s or holder’s professional conduct while a member or holder.  2001, c. 9, Sched. B, s. 1 (7). Reinstatement (4) A person who was a member or a holder of a certificate of practice or temporary licence whose licence, certificate of practice or temporary licence was cancelled by the Registrar under subsection (3) is entitled to have the licence, certificate of practice or temporary licence reinstated upon payment of all unpaid premiums, levies and deductibles and upon satisfying any other requirements prescribed by the regulations.  R.S.O. 1990, c. A.26, s. 28 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 1 (7) - 15/01/2003
29. (1) The Complaints Committee shall be composed of, (a)  at least one member of the Council who was elected to the Council; (b)  at least one member of the Council who was appointed to the Council by the Lieutenant Governor in Council; and (c)  such other members of the Association as may be appointed by the Council.  R.S.O. 1990, c. A.26, s. 29 (1). Idem (2) No person who is a member of the Discipline Committee shall be a member of the Complaints Committee.  R.S.O. 1990, c. A.26, s. 29 (2). Chair (3) The Council shall name one member of the Complaints Committee to be chair.  R.S.O. 1990, c. A.26, s. 29 (3). Quorum (4) Three members of the Complaints Committee, of whom one shall be a person elected to the Council, constitute a quorum.  R.S.O. 1990, c. A.26, s. 29 (4).
30 (1) The Complaints Committee shall consider and investigate complaints made by members of the public or members of the Association regarding the conduct or actions of any member of the Association or holder of a certificate of practice or a temporary licence, but no action shall be taken by the Committee under subsection (2) unless, (a)  a written complaint has been filed with the Registrar and the member or holder whose conduct or actions are being investigated has been notified of the complaint and given at least two weeks in which to submit in writing to the Committee any explanations or representations the member or holder may wish to make concerning the matter; and (b)  the Committee has examined or has made every reasonable effort to examine all records and other documents relating to the complaint.  R.S.O. 1990, c. A.26, s. 30 (1). Idem (2) The Committee in accordance with the information it receives may, (a)  direct that the matter be referred, in whole or in part, to the Discipline Committee; (b)  direct that the matter not be referred under clause (a); or (c)  take such action as it considers appropriate in the circumstances and that is not inconsistent with this Act or the regulations or by-laws.  R.S.O. 1990, c. A.26, s. 30 (2). Decision and reasons (3) The Committee shall give its decision in writing to the Registrar for the purposes of subsection (4) and, where the decision is made under clause (2) (b), its reasons therefor.  R.S.O. 1990, c. A.26, s. 30 (3). Notice (4) The Registrar shall mail to the complainant and to the person complained against a copy of the written decision made by the Complaints Committee and its reasons therefor, if any, together with notice advising the complainant of the complainant’s right to apply to the Complaints Review Councillor under section 32.  R.S.O. 1990, c. A.26, s. 30 (4); 2006, c. 19, Sched. B, s. 1. Hearing (5) The Committee is not required to hold a hearing or to afford to any person an opportunity for a hearing or an opportunity to make oral submissions before making a decision or giving a direction under this section.  R.S.O. 1990, c. A.26, s. 30 (5). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. B, s. 1 - 22/06/2006
31. (1) There shall be a Complaints Review Councillor who shall be appointed by and from among the members of the Council appointed by the Lieutenant Governor in Council.  R.S.O. 1990, c. A.26, s. 31 (1). Idem (2) The Complaints Review Councillor is not eligible to be a member of the Complaints Committee or the Fees Mediation Committee.  R.S.O. 1990, c. A.26, s. 31 (2). Role of Complaints Review Councillor
33. (1) The Discipline Committee shall be composed of, (a)  at least one person appointed to the Discipline Committee by the Council from among the members of the Council elected to the Council; (b)  at least one person who is a member of the Council appointed by the Lieutenant Governor in Council; and (c)  the persons appointed to the Discipline Committee by the Council from among the members of the Association who have not less than ten years experience in the practice of architecture.  R.S.O. 1990, c. A.26, s. 33 (1). Quorum and votes (2) Three members of the Discipline Committee, of whom one shall be a person appointed to the Council by the Lieutenant Governor in Council, constitute a quorum, and all disciplinary decisions require the vote of a majority of the members of the Discipline Committee present at the meeting.  R.S.O. 1990, c. A.26, s. 33 (2). Disability of member (3) Where the Discipline Committee commences a hearing and a member of the Discipline Committee becomes unable to act, the remaining members may complete the hearing despite the absence of the member who is unable to act.  R.S.O. 1990, c. A.26, s. 33 (3). Chair (4) The Council shall name one member of the Discipline Committee who is a member of and elected to the Council to be chair.  R.S.O. 1990, c. A.26, s. 33 (4). Reference by Council (5) The Council, by resolution, may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or incompetence on the part of a member of the Association or a holder of a certificate of practice or a temporary licence specified in the resolution.  R.S.O. 1990, c. A.26, s. 33 (5).
36. (1) A party to proceedings before the Registration Committee or the Discipline Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee.  R.S.O. 1990, c. A.26, s. 36 (1). Certified copy of record (2) Upon the request of a party desiring to appeal to the Divisional Court and upon payment of the fee therefor, the Registrar shall furnish the party with a certified copy of the record of the proceedings, including the documents received in evidence and the decision or order appealed from.  R.S.O. 1990, c. A.26, s. 36 (2). Powers of court on appeal (3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all powers of the committee and may direct the committee to take any action which the committee may take and as the court considers proper, and for such purposes the court may substitute its opinion for that of the committee or the court may refer the matter back to the committee for rehearing, in whole or in part, in accordance with such directions as the court considers proper.  R.S.O. 1990, c. A.26, s. 36 (3).
37. (1) No person who is a member of the Complaints Committee or the Discipline Committee shall be a member of the Fees Mediation Committee.  R.S.O. 1990, c. A.26, s. 37 (1). Duties of Fees Mediation Committee (2) The Fees Mediation Committee, (a)  shall, unless the Committee considers it inappropriate to do so, mediate any written complaint by a client of a member of the Association or of a holder of a certificate of practice or temporary licence in respect of a fee charged for architectural services provided to the client; and (b)  shall perform such other duties as are assigned to it by the Council.  R.S.O. 1990, c. A.26, s. 37 (2). Arbitration by Fees Mediation Committee (3) The Fees Mediation Committee, with the written consent of all parties to the dispute, may arbitrate a dispute in respect of a fee between a client and a member of the Association or a holder of a certificate of practice or temporary licence and in that case the decision of the Fees Mediation Committee is final and binding on all parties to the dispute.  R.S.O. 1990, c. A.26, s. 37 (3). Arbitrations Act (4) Where the Fees Mediation Committee acts as arbitrator under subsection (3), the Arbitrations Act does not apply.  R.S.O. 1990, c. A.26, s. 37 (4). Enforcement (5) A decision by the Fees Mediation Committee under subsection (3), exclusive of the reasons therefor, certified by the Registrar, may be filed with the Superior Court of Justice and when filed the decision may be enforced in the same manner as a judgment of the court.  R.S.O. 1990, c. A.26, s. 37 (5); 2001, c. 9, Sched. B, s. 1 (9). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 1 (9) - 29/06/2001
39. (1) In this section, “insurer” means a person offering insurance in respect of liability incurred in the practice of architecture.  R.S.O. 1990, c. A.26, s. 39 (1). Same (2) Upon the request of the Registrar, an insurer shall furnish to the Registrar any information that is in the possession of the insurer and that is specified in the request related to a claim or claims for indemnity in respect of the practice of architecture.  R.S.O. 1990, c. A.26, s. 39 (2). Exception (3) Subsection (2) does not apply in respect of a document prepared by an insured person related to a claim for indemnity in respect of the practice of architecture by the insured person.  R.S.O. 1990, c. A.26, s. 39 (3). Transmittal of information (4) The Registrar may forward any information referred to in subsection (2) to the Council or to such committee as he or she considers appropriate.  R.S.O. 1990, c. A.26, s. 39 (4).
40 No member of the Association, holder of a certificate of practice or holder of a temporary licence shall engage in the practice of architecture unless the member or holder is, (a)  insured against professional liability in accordance with the regulations; (b)  insured, where required by the regulations, against professional liability by an insurance corporation referred to in subsection 2 (5), for the amounts of insurance that are prescribed by the regulations; or (c)  exempted by the regulations from the requirements of clauses (a) and (b).  2001, c. 9, Sched. B, s. 1 (8). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 1 (8) - 15/01/2003
41. Where a licence, certificate of practice or temporary licence is revoked or cancelled, the former holder thereof shall forthwith deliver the licence, certificate of practice or temporary licence and related seal to the Registrar.  R.S.O. 1990, c. A.26, s. 41.
42. (1) A person whose licence, certificate of practice or temporary licence has been revoked for cause under this Act, or whose membership has been cancelled for cause under a predecessor of this Act, may apply in writing to the Registrar for the issuance of a licence, certificate of practice or temporary licence, but such application shall not be made sooner than two years after the revocation.  R.S.O. 1990, c. A.26, s. 42 (1). Same (2) A person whose licence, certificate of practice or temporary licence has been suspended for cause under this Act, or whose membership has been suspended for cause under a predecessor of this Act, may apply in writing to the Registrar for the removal of the suspension, but, where the suspension is for more than one year, the application shall not be made sooner than one year after the commencement of the suspension.  R.S.O. 1990, c. A.26, s. 42 (2). Reference to Discipline Committee (3) The Registrar shall refer the application to the Discipline Committee which shall hold a hearing respecting and decide upon the application, and shall report its decision and reasons to the Council and to the applicant.  R.S.O. 1990, c. A.26, s. 42 (3). Procedures (4) The provisions of this Act applying to hearings by the Registration Committee, except section 36, apply with necessary modifications to proceedings of the Discipline Committee under this section.  R.S.O. 1990, c. A.26, s. 42 (4). Direction by Council to issue licence (5) Despite subsections (1), (2) and (3), the Council may direct at any time that a licence, certificate of practice or temporary licence be issued to a person whose licence, certificate of practice or temporary licence has previously been revoked for cause or suspended for cause or that a suspension or cancellation for cause under a predecessor of this Act be removed, subject to such terms, conditions or limitations as the Council considers appropriate.  R.S.O. 1990, c. A.26, s. 42 (5).
43. (1) Every person engaged in the administration of this Act, including any person making an examination or review under section 32 or an investigation under section 38, shall preserve secrecy with respect to all matters that come to the person’s knowledge in the course of his or her duties, employment, inquiry or investigation and shall not communicate any such matters to any other person except, (a)  as may be required in connection with the administration of, (i)  this Act and the regulations and by-laws, or (ii)  the Professional Engineers Act and the regulations and by-laws under that Act, or any proceedings under, (iii)  this Act or the regulations, or (iv)  the Professional Engineers Act or the regulations under that Act; (b)  to his or her counsel; or (c)  with the consent of the person to whom the information relates.  R.S.O. 1990, c. A.26, s. 43 (1). Testimony in civil action (2) No person to whom subsection (1) applies shall be required to give testimony or to produce any book, record, document or thing in any action or proceeding with regard to information obtained by the person in the course of his or her duties, employment, inquiry or investigation except in a proceeding under this Act or the regulations or by-laws or a proceeding under the Professional Engineers Act or the regulations or by-laws under that Act.  R.S.O. 1990, c. A.26, s. 43 (2).
44 (1) A corporation or partnership whose name includes the word “architect” or “architecte” or a derivative or abbreviation of either word and that ceases to hold a certificate of practice shall not carry on or engage in any business until the word, derivative or abbreviation of “architect” or “architecte” is removed from the name of the corporation or partnership.  R.S.O. 1990, c. A.26, s. 44 (1); 2010, c. 16, Sched. 2, s. 1 (25). Exception (2) Subsection (1) does not apply to prevent a corporation or partnership from carrying on an activity necessary to the winding up of the corporation or partnership.  R.S.O. 1990, c. A.26, s. 44 (2); 2010, c. 16, Sched. 2, s. 1 (26). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (25, 26) - 25/10/2010
45. Where any provision of this Act or the regulations is contravened, despite any other remedy or any penalty imposed, the Association may apply to a judge of the Superior Court of Justice for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the court, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of the court.  R.S.O. 1990, c. A.26, s. 45; 2001, c. 9, Sched. B, s. 1 (9). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 1 (9) - 29/06/2001
47. (1) Any person who makes or causes to be made any wilful falsification in any matter relating to a register or issues a false licence, certificate of practice, temporary licence or document with respect to registration is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  R.S.O. 1990, c. A.26, s. 47 (1). False representation, etc. (2) Every person who wilfully procures or attempts to procure the issuance of a licence, a certificate of practice or a temporary licence under this Act by knowingly making any false representation or declaration or by making a fraudulent representation or declaration, either orally or in writing, is guilty of an offence and on conviction is liable to a fine of not more than $10,000, and every person knowingly aiding and assisting the person therein is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  R.S.O. 1990, c. A.26, s. 47 (2). Limitation period (3) Proceedings to obtain a conviction for an offence under subsection (1) or (2) shall not be commenced after the expiration of six months after the date on which the offence was, or is alleged to have been, committed.  R.S.O. 1990, c. A.26, s. 47 (3).
48 Where licensing or the holding of a certificate of practice or a temporary licence or acting under and in accordance with a certificate of practice under this Act is required to permit the lawful doing of any act or thing, if in any prosecution it is proven that the defendant has done such act or thing, the burden of proving that the defendant was so licensed or that the defendant held a certificate of practice or temporary licence or that the defendant acted in accordance with a certificate of practice under this Act rests upon the defendant.  R.S.O. 1990, c. A.26, s. 48; 2010, c. 16, Sched. 2, s. 1 (29). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (29) - 25/10/2010
49 (1) A document required under this Act to be served on or delivered to a person may be served or delivered by, (a)  leaving a copy with the person; (b)  mailing a copy to the person’s last known address; (c)  faxing a copy to the fax number indicated for the person in the Association’s records in accordance with subsections (3) and (4); or (d)  e-mailing a copy to the e-mail address indicated for the person in the Association’s records in accordance with subsection (5).  2010, c. 16, Sched. 2, s. 1 (30). By mail (2) Service or delivery of a document by mail is deemed to be effective on the 10th day following the date of mailing, unless the person receiving the document establishes that he or she, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, did not receive the document, or received the document on a later date.  2010, c. 16, Sched. 2, s. 1 (30). By fax (3) A document that is served or delivered by fax shall include a cover page indicating, (a)  the sender’s name, address and telephone number; (b)  the name of the person receiving the document; (c)  the date and time of transmission; (d)  the total number of pages transmitted, including the cover page; (e)  the fax number of the sender; and (f)  the name and telephone number of a person to contact in the event of transmission problems.  2010, c. 16, Sched. 2, s. 1 (30). Same (4) A document of 16 pages or more, including the cover page and the backsheet, may be served or delivered by fax only between 4 p.m. and 8 a.m. the following day, unless the person receiving the document gives prior consent.  2010, c. 16, Sched. 2, s. 1 (30). By e-mail (5) The e-mail message to which a document served or delivered by e-mail is attached shall include, (a)  the sender’s name, address, telephone number, fax number and e-mail address; (b)  the date and time of transmission; and (c)  the name and telephone number of a person to contact in the event of transmission problems.  2010, c. 16, Sched. 2, s. 1 (30). When effective, fax or e-mail (6) Service or delivery of a document by fax or by e-mail under this section is effective on the day the document is faxed or e-mailed to the recipient.  2010, c. 16, Sched. 2, s. 1 (30). Application to Association (7) This section applies with necessary modifications to service or delivery of a document on or to the Association, a committee of the Association or the Registrar, except that service or delivery by e-mail is effective only if an acceptance of the service or delivery containing the date of acceptance is provided by e-mail to the sender, and the effective date of the service or delivery is deemed to be the date of acceptance indicated in the acceptance e-mail.  2010, c. 16, Sched. 2, s. 1 (30). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 1 (30) - 25/10/2010
50. Any statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the Association, is admissible in evidence in all courts as proof in the absence of evidence to the contrary of the facts stated therein without proof of the appointment or signature of the Registrar and without proof of the seal.  R.S.O. 1990, c. A.26, s. 50.
51. (1) No action or other proceeding for damages shall be instituted against the Association, a member of the Council, a member of the Association, a member of a committee of the Association, the chair or any other member of the Joint Practice Board or an officer, employee, agent or appointee of the Association for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act or the Professional Engineers Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power.  R.S.O. 1990, c. A.26, s. 51 (1). Same (2) Every person who is a member of the Council, a member of the Association, a member of a committee of the Association, the chair or other member of the Joint Practice Board or an officer, employee, agent or appointee of the Association, and the person’s heirs, executors and administrators, and estate and effects, respectively, may, with the consent of the Council, from time to time and at all times, be indemnified and saved harmless out of the funds of the Association, from and against, (a)  all costs, charges and expenses whatsoever that the person sustains or incurs in or about any action, suit or proceeding that is brought, commenced or prosecuted against the person, for or in respect of any act, deed, matter or thing whatsoever, made, done or committed by the person, in the performance or intended performance of a duty or in the exercise or in the intended exercise of a power under this Act or the
Professional Engineers Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power or otherwise in or about the execution of such duties; and (b)  all other costs, charges and expenses that the person sustains or incurs in or about or in relation to the affairs thereof, except such costs, charges or expenses as are occasioned by the person’s own wilful neglect or default.  R.S.O. 1990, c. A.26, s. 51 (2).
53. (1) The Council shall make a report annually to the Minister containing such information as the Minister requires.  R.S.O. 1990, c. A.26, s. 53 (1). Idem (2) The Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.  R.S.O. 1990, c. A.26, s. 53 (2). Not-for-Profit Corporations Act, 2010 54 The Not-for-Profit Corporations Act, 2010
does not apply to the Association, except as may be prescribed by regulation.  2010, c. 15, s. 213 (2). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 213 (2)
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54 The Not-for-Profit Corporations Act, 2010
does not apply to the Association, except as may be prescribed by regulation.  2010, c. 15, s. 213 (2). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 213 (2)
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