jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “Academic Requirements Committee” means the academic requirements committee appointed pursuant to the regulations; (“comité de vérification des diplômes”) “architect” means a person who is licensed or who holds a certificate of practice or a temporary licence under the Architects Act; (“architecte”) “Association” means the Association of Professional Engineers of Ontario; (“Ordre”) “by-laws” means by-laws made under this Act; (“règlements administratifs”) “certificate of authorization” means a certificate of authorization issued under this Act to engage in the business of providing services that are within the practice of professional engineering; (“certificat d’autorisation”) “Complaints Review Councillor” means the complaints review councillor appointed under this Act; (“conseiller médiateur”) “Council” means the Council of the Association; (“Conseil”) “Experience Requirements Committee” means the experience requirements committee appointed pursuant to the regulations; (“comité de vérification de l’expérience”) “Joint Practice Board” means the Joint Practice Board established under the Architects Act; (“Conseil professionnel mixte”) “licence” means a licence to engage in the practice of professional engineering issued under this Act; (“permis”) “limited licence” means a limited licence to engage in the practice of professional engineering issued under this Act; (“permis restreint”) “Minister” means the Attorney General or such other member of the Executive Council as is designated by the Lieutenant Governor in Council; (“ministre”) “practice of professional engineering” means any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment, or the managing of any such act; (“exercice de la profession d’ingénieur”) “professional engineer” means a person who holds a licence or a temporary licence; (“ingénieur”) “provisional licence” means a provisional licence to engage in the practice of professional engineering issued under this Act; (“permis provisoire”) “Registrar” means the Registrar of the Association; (“registrateur”) “regulations” means the regulations made under this Act; (“règlements”) “temporary licence” means a temporary licence to engage in the practice of professional engineering issued under this Act. (“permis temporaire”)  R.S.O. 1990, c. P.28, s. 1; 1999, c. 12, Sched. B, s. 13; 2001, c. 9, Sched. B, s. 11 (1); 2010, c. 16, Sched. 2, s. 5 (1, 2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. B, s. 13 - 31/12/1991 2001, c. 9, Sched. B, s. 11 (1) - 28/02/2003 2010, c. 16, Sched. 2, s. 5 (1) - 25/10/2010; 2010, c. 16, Sched. 2, s. 5 (2) - 07/12/2020
2 (1) The Association of Professional Engineers of the Province of Ontario, a body corporate, is continued as a corporation without share capital under the name of Association of Professional Engineers of Ontario in English and Ordre des ingénieurs de l’Ontario in French.  R.S.O. 1990, c. P.28, s. 2 (1). (2)  Repealed:  2010, c. 16, Sched. 2, s. 5 (3). Principal object (3) The principal object of the Association is to regulate the practice of professional engineering and to govern its members, holders of certificates of authorization, holders of temporary licences, holders of provisional licences and holders of limited licences in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected.  R.S.O. 1990, c. P.28, s. 2 (3); 2001, c. 9, Sched. B, s. 11 (2). Additional objects (4) For the purpose of carrying out its principal object, the Association has the following additional objects: 1.  To establish, maintain and develop standards of knowledge and skill among its members. 2.  To establish, maintain and develop standards of qualification and standards of practice for the practice of professional engineering. 3.  To establish, maintain and develop standards of professional ethics among its members. 4.  To promote public awareness of the role of the Association. 5.  To perform such other duties and exercise such other powers as are imposed or conferred on the Association by or under any Act.  R.S.O. 1990, c. P.28, s. 2 (4). Capacity and powers of Association (5) For the purpose of carrying out its objects, the Association has the capacity and the powers of a natural person.  R.S.O. 1990, c. P.28, s. 2 (5). Section Amendments with date in force (d/m/y) 1997, c. 26, Sched. - 01/01/1998 2001, c. 9, Sched. B, s. 11 (2) - 28/02/2003 2010, c. 16, Sched. 2, s. 5 (3) - 25/10/2010
4 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. P.28, s. 4.
5 (1) Every person who holds a licence is a member of the Association subject to any term, condition or limitation to which the licence is subject. Resignation of membership (2) A member may resign his or her membership by filing with the Registrar a resignation in writing and his or her licence is thereupon cancelled.  R.S.O. 1990, c. P.28, s. 5; 2017, c. 34, Sched. 34, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 34, s. 1 - 14/12/2017
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. P.28, s. 6.
9 The Council shall establish and designate an official publication of the Association.  R.S.O. 1990, c. P.28, s. 9.
10 (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. 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 the prescribed quorum.  R.S.O. 1990, c. P.28, s. 10.
11 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. P.28, s. 11. When licences or certificates required
13 A corporation that holds a certificate of authorization may provide services that are within the practice of professional engineering.  R.S.O. 1990, c. P.28, s. 13.
16. The Registrar shall issue a licence or a certificate of authorization upon a direction of the Council made in accordance with a recommendation by the Joint Practice Board.  R.S.O. 1990, c. P.28, s. 16.
17 (1) It is a condition of every certificate of authorization that the holder of the certificate shall provide services that are within the practice of professional engineering only under the personal supervision and direction of a holder of a licence, temporary licence or limited licence.  R.S.O. 1990, c. P.28, s. 17 (1); 2010, c. 16, Sched. 2, s. 5 (30). Professional responsibility of supervising engineer (2) A holder of a licence, temporary licence or limited licence who personally supervises and directs the providing of services within the practice of professional engineering by a holder of a certificate of authorization or who assumes responsibility for and supervises the practice of professional engineering related to the providing of services by a holder of a certificate of authorization is subject to the same standards of professional conduct and competence in respect of the services and the related practice of professional engineering as if the services were provided or the practice of professional engineering was engaged in by the holder of a licence, temporary licence or limited licence.  R.S.O. 1990, c. P.28, s. 17 (2); 2010, c. 16, Sched. 2, s. 5 (31). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 5 (30, 31) - 01/07/2015
19.1 (1) The Registration Committee is continued and shall be composed of the following persons appointed by the Council: 1.  At least two persons, each of whom is either, i.  a member of the Council appointed by the Lieutenant Governor in Council, or ii.  a person who is neither a member of the Council nor a member of the Association, and approved by the Minister. 2.  At least three members of the Association. 2010, c. 16, Sched. 2, s. 5 (39); 2023, c. 20, Sched. 15, s. 9. Quorum (2) Three members of the Registration Committee, of whom at least one is a person referred to in subparagraph 1 i or ii of subsection (1), constitute a quorum.  2010, c. 16, Sched. 2, s. 5 (39). Chair, vice-chair (3) The Registration Committee shall name one of its members as chair, and another as vice-chair, of the Registration Committee.  2010, c. 16, Sched. 2, s. 5 (39). Same (4) Any power, duty or function of the chair of the Registration Committee may be exercised by the vice-chair, if the chair is absent or unable to act.  2010, c. 16, Sched. 2, s. 5 (39). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 5 (39) - 15/08/2012 2023, c. 20, Sched. 15, s. 9 - 04/12/2023
20 A corporation that holds a certificate of authorization 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 that exist at law between a member of the Association and his client.  R.S.O. 1990, c. P.28, s. 20.
20.1 (1) The Registrar shall accept as an engineering intern any applicant for a licence, if, (a)  in submitting the application for a licence, the applicant requests in writing to become an engineering intern; (b)  the applicant is enrolled in the Association’s engineering intern training program; and (c)  the applicant meets the academic requirements prescribed by the regulations.  2010, c. 16, Sched. 2, s. 5 (40). Revocation for non-payment (2) The Registrar may revoke a person’s status as an engineering intern for non-payment of any fee that is payable by the person under this Act.  2010, c. 16, Sched. 2, s. 5 (40). Termination (3) Subject to a revocation under subsection (2), a person ceases to be an engineering intern on the earlier of the day that his or her application for a licence is finally dealt with or the day that he or she withdraws the application.  2010, c. 16, Sched. 2, s. 5 (40). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 5 (40) - 01/07/2015
21 (1) The Registrar shall maintain one or more registers containing the following information: 1.  Every holder of a licence, certificate of authorization, temporary licence, provisional licence or limited licence. 2.  The terms, conditions and limitations attached to every licence, certificate of authorization, temporary licence, provisional licence and limited licence. 3.  Every revocation, suspension and cancellation or termination of a licence, certificate of authorization, temporary licence, provisional licence or limited licence. 3.1  The date of every hearing held before the Discipline Committee in respect of which a notice of hearing is sent on or after the day Schedule 34 to the Stronger, Fairer Ontario Act (Budget Measures), 2017 comes into force, and a record of every decision made at such a hearing, including the date on which the decision was issued, the penalty that was imposed, and access to the text of the decision including reasons. 4.  Every person who is an engineering intern under section 20.1. 5.  Any other information that the Registration Committee or Discipline Committee directs.  2010, c. 16, Sched. 2, s. 5 (41); 2017, c. 34, Sched. 34, s. 8 (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. P.28, s. 21 (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 mentioned in subsection (1) maintained by the Registrar.  R.S.O. 1990, c. P.28, s. 21 (3). Electronic version (4) The Registrar may make information contained in the registers available to the public electronically. 2017, c. 34, Sched. 34, s. 8 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (27) - 28/02/2003 2010, c. 16, Sched. 2, s. 5 (41) - 01/07/2015 2017, c. 34, Sched. 34, s. 8 (1, 2) - 14/12/2017
22 (1) The Registrar may cancel a licence, certificate of authorization, temporary licence, provisional licence or limited licence for non-payment of any fee payable under this Act after giving the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence at least two months notice of the default and intention to cancel.  R.S.O. 1990, c. P.28, s. 22 (1); 2001, c. 9, Sched. B, s. 11 (28); 2010, c. 16, Sched. 2, s. 5 (42); 2017, c. 34, Sched. 34, s. 9. Reinstatement (2) A person who was a member of the Association or a holder of a certificate of authorization, temporary licence, provisional licence or limited licence whose licence, certificate of authorization, temporary licence, provisional licence or limited licence was cancelled by the Registrar under subsection (1) is entitled to have the licence, certificate of authorization, temporary licence, provisional licence or limited licence reinstated upon compliance with the requirements and qualifications prescribed by the regulations.  R.S.O. 1990, c. P.28, s. 22 (2); 2001, c. 9, Sched. B, s. 11 (29). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (28, 29) - 28/02/2003 2010, c. 16, Sched. 2, s. 5 (42) - 01/04/2018 2017, c. 34, Sched. 34, s. 9 - 14/12/2017 Continuing jurisdiction
22.1 (1) A member who resigns or a holder of a licence, temporary licence, provisional licence, limited licence or certificate of authorization that is cancelled or revoked continues to be subject to the jurisdiction of the Association in respect of any professional misconduct or incompetence referable to a time when the person was a member or holder. 2017, c. 34, Sched. 34, s. 10. During suspension (2) For greater certainty, a person whose licence, temporary licence, provisional licence, limited licence or certificate of authorization is suspended remains subject to the continuing jurisdiction of the Association for all purposes under this Act. 2017, c. 34, Sched. 34, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 34, s. 10 - 14/12/2017
23 (1) The Complaints Committee is continued and shall be composed of the following persons appointed by the Council: 1.  At least one person who is either, i.  a member of the Council appointed by the Lieutenant Governor in Council, or ii.  a person who is neither a member of the Council nor a member of the Association, and approved by the Minister. 2.  At least two members of the Association. 2010, c. 16, Sched. 2, s. 5 (43); 2023, c. 20, Sched. 15, s. 9. Same (2) No person who is a member of the Discipline Committee shall be a member of the Complaints Committee.  R.S.O. 1990, c. P.28, s. 23 (2). Chair (3) The Council shall name one member of the Complaints Committee to be chair.  R.S.O. 1990, c. P.28, s. 23 (3). Quorum (4) Three members of the Complaints Committee, of whom one shall be a person referred to in subparagraph 1 i or ii of subsection (1), constitute a quorum.  R.S.O. 1990, c. P.28, s. 23 (4); 2010, c. 16, Sched. 2, s. 5 (44). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 5 (43, 44) - 25/10/2010 2023, c. 20, Sched. 15, s. 9 - 04/12/2023
24 (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 a member of the Association or holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence, but no action shall be taken by the Committee under subsection (2) unless, (a)  a written complaint in a form that shall be provided by the Association 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. P.28, s. 24 (1); 2001, c. 9, Sched. B, s. 11 (30). Same (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. P.28, s. 24 (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. P.28, s. 24 (3). Notice (4) The Registrar shall deliver 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 right to apply to the Complaints Review Councillor under section 26.  R.S.O. 1990, c. P.28, s. 24 (4); 2006, c. 19, Sched. B, s. 14; 2023, c. 20, Sched. 15, s. 4. 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. P.28, s. 24 (5). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (30) - 28/02/2003 2006, c. 19, Sched. B, s. 14 - 22/06/2006 2023, c. 20, Sched. 15, s. 4 - 04/12/2023
25.  (1)  There shall be a Complaints Review Councillor who shall be appointed by Council and shall be, (a)  a member of the Council appointed by the Lieutenant Governor in Council under clause 3 (2) (c); or (b)  a person who is neither a member of the Council nor a member of the Association, and approved by the Minister. 2010, c. 16, Sched. 2, s. 5 (45); 2023, c. 20, Sched. 15, s. 9. Same (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. P.28, s. 25 (2). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 5 (45) - 25/10/2010 2023, c. 20, Sched. 15, s. 9 - 04/12/2023 Powers of Complaints Review Councillor
27.1 The Council or the Executive Committee may, by resolution, refer to the Discipline Committee for hearing and determination any allegation of professional misconduct or incompetence on the part of a member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence specified in the resolution.  2010, c. 16, Sched. 2, s. 5 (60). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 5 (60) - 15/08/2012 Duties and powers of Discipline Committee
29. (1) Where the Discipline Committee revokes, suspends or restricts a licence, temporary licence, provisional licence or limited licence on the grounds 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. P.28, s. 29 (1); 2001, c. 9, Sched. B, s. 11 (42). Stay of decision on appeal, professional misconduct (2) Where the Discipline Committee revokes, suspends or restricts a licence or a certificate of authorization, temporary licence, provisional licence or limited licence on grounds other than for 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. P.28, s. 29 (2); 2001, c. 9, Sched. B, s. 11 (43). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (42, 43) - 28/02/2003
31. (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. 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. 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. P.28, s. 31.
32 (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. P.28, s. 32 (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 authorization, a temporary licence, a provisional licence or a limited licence in respect of a fee charged for professional engineering 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. P.28, s. 32 (2); 2001, c. 9, Sched. B, s. 11 (48). 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 authorization, temporary licence, provisional licence or limited 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. P.28, s. 32 (3); 2001, c. 9, Sched. B, s. 11 (49). Procedure (4) Where the Fees Mediation Committee acts as arbitrator under subsection (3), the Arbitration Act, 1991
does not apply.  R.S.O. 1990, c. P.28, s. 32 (4); 2010, c. 16, Sched. 2, s. 5 (63). 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. P.28, s. 32 (5); 2001, c. 9, Sched. B, s. 11 (66). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (48, 49) - 28/02/2003; 2001, c. 9, Sched. B, s. 11 (66) - 29/06/2001 2010, c. 16, Sched. 2, s. 5 (63) - 25/10/2010
34. It is a condition of every certificate of authorization that the holder of the certificate shall not offer or provide to the public services that are within the practice of professional engineering unless the holder is insured in respect of professional liability in accordance with the regulations.  R.S.O. 1990, c. P.28, s. 34.
35. (1) In this section, “insurer” means a person offering insurance in respect of liability incurred in the practice of professional engineering. Information re insurance claims (2) Upon the request of the Registrar, an insurer shall furnish to the Registrar all documents that relate to a claim for indemnity in respect of the practice of professional engineering and that are in the possession or under the control of the insurer and have been prepared by a professional engineer and relate to engineering matters. 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 professional engineering by the insured person. Transmittal of information (4) The Registrar may forward any information referred to in subsection (2) to the Council or to such committee as the Registrar considers appropriate.  R.S.O. 1990, c. P.28, s. 35.
36. Where a licence, certificate of authorization, temporary licence, provisional licence or limited licence is revoked or cancelled, the former holder thereof shall forthwith deliver the licence, certificate of authorization, temporary licence, provisional licence or limited licence and related seal to the Registrar.  R.S.O. 1990, c. P.28, s. 36; 2001, c. 9, Sched. B, s. 11 (54). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (54) - 28/02/2003 Application after revocation or suspension
37. (1) A person whose licence, certificate of authorization, temporary licence, provisional licence or limited 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 authorization, temporary licence, provisional licence or limited licence, but such application shall not be made sooner than two years after the revocation.  R.S.O. 1990, c. P.28, s. 37 (1); 2001, c. 9, Sched. B, s. 11 (55). Removal of suspension (2) A person whose licence, certificate of authorization, temporary licence, provisional licence or limited 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. P.28, s. 37 (2); 2001, c. 9, Sched. B, s. 11 (56). Reference to Discipline Committee (3) The Registrar shall refer an application under subsection (1) or (2) in respect of a licence or a certificate of authorization, a temporary licence, a provisional licence or a limited licence 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 the applicant.  R.S.O. 1990, c. P.28, s. 37 (3); 2001, c. 9, Sched. B, s. 11 (57). Procedures (4) The provisions of this Act applying to hearings by the Registration Committee, except section 31, apply with necessary modifications to proceedings of the Discipline Committee or the Registration Committee under this section.  R.S.O. 1990, c. P.28, s. 37 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (55-57) - 28/02/2003
38. (1) Every person engaged in the administration of this Act, including any person making an examination or review under section 26 or an investigation under section 33, shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties, employment, examination, review 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 Architects Act, and the regulations and by-laws under that Act, or any proceedings under, (iii)  this Act or the regulations, or (iv)  the Architects 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. P.28, s. 38 (1). Non-application, disclosure by Registrar where risk of harm (1.1) Subsection (1) does not apply to the disclosure of such matters or information by the Registrar, if there are reasonable grounds to believe that there may be a risk of harm to any person or property or to the public welfare. 2017, c. 34, Sched. 34, s. 13. 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 in the course of his or her duties, employment, examination, review or investigation except in a proceeding under this Act or the regulations or by-laws or a proceeding under the Architects Act or the regulations or by-laws under that Act.  R.S.O. 1990, c. P.28, s. 38 (2). Offence, penalty (3) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  2001, c. 9, Sched. B, s. 11 (58). Limitation (4) No proceeding shall be commenced in respect of an offence under subsection (1) after the expiration of two years after the date on which the offence was, or is alleged to have been, committed.  2001, c. 9, Sched. B, s. 11 (58). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (58) - 28/02/2003 2017, c. 34, Sched. 34, s. 13 - 14/12/2017
39. (1) Where it appears to the Association that any person does not comply with this Act or the regulations, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights it may have, the Association may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and upon the application the judge may make the order or such other order as the judge thinks fit.  R.S.O. 1990, c. P.28, s. 39 (1); 2001, c. 9, Sched. B, s. 11 (66). Appeal (2) An appeal lies to the Court of Appeal from an order made under subsection (1).  R.S.O. 1990, c. P.28, s. 39 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (66) - 29/06/2001 Offences and penalties
41. (1) Any person who makes or causes to be made a wilful falsification in a matter relating to a register or issues a false licence, certificate, temporary licence, provisional licence, limited 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. P.28, s. 41 (1); 2001, c. 9, Sched. B, s. 11 (61). Offences for false representation (2) Every person who wilfully procures or attempts to procure the issuance of a licence, a certificate of authorization, a temporary licence, a provisional licence or a limited licence under this Act by knowingly making a 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 such 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. P.28, s. 41 (2); 2001, c. 9, Sched. B, s. 11 (62). Limitation (3) No proceeding shall be commenced in respect of an offence under subsection (1) or (2) after the expiration of two years after the date on which the offence was, or is alleged to have been, committed.  2001, c. 9, Sched. B, s. 11 (63). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (61-63) - 28/02/2003
42. Where licensing or the holding of a certificate of authorization, a temporary licence, a provisional licence or a limited licence or acting under and in accordance with a certificate of authorization under this Act is required to permit the lawful doing of an act or thing, if in any prosecution it is proven that the defendant has done the act or thing, the burden of proving that the defendant was so licensed or that the defendant held a subsisting certificate of authorization, temporary licence, provisional licence or limited licence or that the defendant acted under and in accordance with a certificate of authorization under this Act rests upon the defendant.  R.S.O. 1990, c. P.28, s. 42; 2001, c. 9, Sched. B, s. 11 (64). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (64) - 28/02/2003
43. (1) A notice or document under this Act or the regulations is sufficiently given, served or delivered if delivered personally, electronically or by mail. R.S.O. 1990, c. P.28, s. 43 (1); 2023, c. 20, Sched. 15, s. 7. Same (2) Where a notice or document under this Act or the regulations is sent to a person by mail addressed to the person at the last address of the person in the records of the Association, there is a rebuttable presumption that the notice or document is delivered to the person on the tenth day after the day of mailing. R.S.O. 1990, c. P.28, s. 43 (2). Section Amendments with date in force (d/m/y) 2023, c. 20, Sched. 15, s. 7 - 04/12/2023
44. 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. P.28, s. 44. Immunity and indemnity
45. (1) No action or other proceeding for damages shall be instituted against the Association, a committee of the Association or a member of the Association or committee of the Association, 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, 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. Councillor indemnified in suits respecting execution of office (2) Every member of the Council, a committee of the Association and every officer and employee of the Association, and the person’s heirs, executors and administrators, and estate and effects, respectively, may, with the consent of the Association, given by the members of the Association, 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 permitted by the person, in or about the execution of the duties of the person’s office; 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. P.28, s. 45.
46 The Registrar may approve forms for the purposes of this Act and require their use. 2023, c. 20, Sched. 15, s. 8. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (65) - 28/02/2003 2002, c. 24, Sched. B, s. 25 - 01/01/2004 2023, c. 20, Sched. 15, s. 8 - 04/12/2023
47. (1) The Council shall appoint to the Joint Practice Board (composed of the chair, three members representing the Ontario Association of Architects and three members representing the Association of Professional Engineers of Ontario) the three members of the Joint Practice Board representing the Association and shall prescribe the term of each appointment. Recommendation (2) The Joint Practice Board may recommend to the Council that the Council direct the Registrar to issue a licence or a certificate of authorization to a holder of a certificate of practice issued under the Architects Act. Direction by Council (3) The Council, upon the recommendation of the Joint Practice Board, may direct the Registrar to issue a licence or a certificate of authorization to a holder of a certificate of practice under the Architects Act and, if the Council does not direct the issuance of the licence or the certificate of authorization, the Council shall give its reasons therefor in writing to the Joint Practice Board and to the applicant for the licence or the certificate of authorization. Referral of dispute to Joint Practice Board (4) Where a dispute arises between an architect and a professional engineer or a holder of a certificate of authorization as to jurisdiction in respect of professional services, the Registrar may refer the matter to the Joint Practice Board and the Joint Practice Board shall consider the matter and assist the architect and the professional engineer or the holder of the certificate of authorization to resolve the dispute in accordance with the rules in section 12. Commencement of proceedings (5) Proceedings shall not be commenced under this Act in respect of a matter mentioned in subsection (4) except upon the certificate of the chair of the Joint Practice Board that the Board has considered the matter and has been unable to resolve the dispute. Certificate (6) The certificate of the chair 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 chair.  R.S.O. 1990, c. P.28, s. 47.
48. (1) The Council shall make a report annually to the Minister containing such information as the Minister requires. Same (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. P.28, s. 48.
49 The Not-for-Profit Corporations Act, 2010 does not apply in respect of the Association except as may be prescribed by regulation.  2010, c. 15, s. 238 (2). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 238 (2) - 19/10/2021 ______________  Français