O. Reg. 144/05: GENERAL

 

ontario regulation 144/05

made under the

ARCHITECTS ACT

Made: March 15, 2005
Approved: March 23, 2005
Filed: March 29, 2005
Printed in The Ontario Gazette: April 16, 2005

Amending Reg. 27 of R.R.O. 1990

(General)

1. Section 1 of Regulation 27 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“building code” means the building code made under the Building Code Act, 1992;

“chief building official” means a chief building official under the Building Code Act, 1992;

“design activities” means the activities described in subsection 15.11 (5) of the Building Code Act, 1992;

“identifying number” means a number issued by the Registrar under subsection 58 (1) or (2) (authority of member regarding design activities);

“registered code agency” means a registered code agency under the Building Code Act, 1992;

“registration number” means a number issued by the Registrar under subsection 56 (1) (authority of holder regarding design activities);

“responsible control” means the degree of control described in section 57;

2. (1) Paragraph 19 of section 42 of the Regulation is amended by striking out “in its entirety under the personal supervision and direction” and substituting “under the responsible control”.

(2) Paragraph 21 of section 42 of the Regulation is revoked and the following substituted:

21. Failure of a member or holder to affix his or her seal and signature through the imprint of his or her seal to every design prepared under his or her responsible control and issued or exhibited to a person who is not a holder and is either submitted as part of an application for a building permit or is issued for the construction, enlargement or alteration of a building, except in the case of an open competition in which anonymity is a requirement.

3. (1) Subsection 48 (1) of the Regulation is revoked and the following substituted:

(1) Unless exempted by this section, every member and holder shall be insured, by an insurance corporation referred to in subsection 2 (5) of the Act, against errors and omissions arising out of the performance or non-performance of architectural services under a professional liability insurance policy that provides for a liability limit of not less than the following amounts, for each claim with one reinstatement in each policy period,

(a) $1,000,000, where the gross fees for architectural services provided by the holder charged in the financial year immediately preceding the year in which the application for or renewal of professional liability insurance is made exceed $100,000;

(b) $500,000, where the gross fees for architectural services provided by the holder charged in the financial year immediately preceding the year in which the application for or renewal of professional liability insurance is made exceed $50,000 but are $100,000 or less; or

(c) $250,000, where the gross fees for architectural services provided by the holder charged in the financial year immediately preceding the year in which the application for or renewal of professional liability insurance is made are $50,000 or less.

(1.1) Where a certificate of practice is issued to a holder less than 12 months before the date of the application for professional liability insurance, the minimum liability limits under subsection (1) shall be determined by reference to the estimated gross fees for architectural services provided by the holder for the 12-month period commencing on the date of application.

(1.2) Every professional liability insurance policy obtained under subsection 48 (1) or (1.1) shall provide that,

(a) the maximum deductible for each claim does not exceed $100,000;

(b) any costs or expenses necessarily incurred by the insurance corporation in the investigation, defence or settlement of claims under the policy shall not be part of the liability limit;

(c) coverage is continued if the insured dies or is adjudged a bankrupt, insolvent or incompetent during the policy period; and

(d) coverage is subject to such exclusions and conditions and otherwise on such terms as are consistent with normal insurance industry practice from time to time.

(2) Subsection 48 (4) of the Regulation is revoked and the following substituted:

(4) Subsections (1) to (1.2) apply to every holder referred to in subsection (3) and every member who is an employee of such a holder.

4. Section 50 of the Regulation is amended by striking out “prescribed under the Building Code Act, 1992” at the end of the portion before paragraph 1.

5. The Regulation is amended by adding the following sections:

55. Sections 56 to 65 apply to all holders and members who carry out design activities.

56. (1) A holder may only carry out a design activity in respect of a type of building described in Column 4 of Table 2.20.2.1 of the building code if,

(a) the holder is registered and has been issued a registration number by the Registrar authorizing the holder to carry out design activities in the corresponding class of registration in Column 2 of Table 2.20.2.1 of the building code, or

(b) the holder has engaged or entered into a joint venture agreement with another holder that is registered and has been issued a registration number by the Registrar authorizing that holder to carry out design activities in the corresponding class of registration in Column 2 of Table 2.20.2.1 of the building code.

(2) An application for registration and registration number shall be in a form provided by the Registrar.

(3) The requirements and qualifications for registration and issuance of a registration number are:

1. Evidence that,

i. the applicant, or an officer, director, partner or full-time employee of the applicant, is a member who has successfully completed the qualification program published and administered by the Association relating to the member’s knowledge of the Building Code Act, 1992 and the building code in the category of qualifications set out in Column 3 of Table 2.20.2.1 of the building code that corresponds to the class of registration set out in Column 2 of Table 2.20.2.1 of the building code for which the application is made, and

ii. all members exercising responsible control for the design activities provided by the applicant have successfully completed the qualification program published and administered by the Association relating to their knowledge of the Building Code Act, 1992 and the building code in the category of qualifications set out in Column 3 of Table 2.20.2.1 of the building code that corresponds to the class of registration set out in Column 2 of Table 2.20.2.1 of the building code for which the application is made.

2. Payment of all outstanding fees prescribed by the by-laws for any qualification program, if applicable.

3. Payment of the fees prescribed by the by-laws for the application and registration.

(4) A registration and registration number, unless suspended or revoked under subsection 60 (2), or cancelled under section 63, is valid so long as the holder’s certificate of practice is valid.

(5) Every holder shall, at the time of an application for registration and registration number or, if a registration number has been issued, on renewal of the certificate of practice issued to the holder provide to the Registrar any documents or information regarding the qualifications of the holder or an officer, director, partner, or full-time employee of the holder, and of any member who exercises responsible control for any design activities provided by the holder, that the Registrar may reasonably require.

(6) Every registration and registration number issued is subject to the following terms and conditions:

1. The holder shall carry out design activities only in respect to the type of building described in Column 4 of Table 2.20.2.1 of the building code that corresponds to the class or classes of registration held by the holder.

2. Where the holder is a corporation or partnership, the holder shall ensure that at least one of the holder’s officers, directors, partners or full-time employees is a member that has been issued an identifying number in the categories of qualifications in Column 3 of Table 2.20.2.1 of the building code that correspond to each class of registration set out in Column 2 of Table 2.20.2.1 of the building code that is held by the holder, throughout the term of the registration.

3. Not more than 180 days after the day the Registrar gives notice of a new qualification program relating to a class of registration held by the holder, the holder shall,

i. ensure that the holder, and if the holder is a corporation or partnership any of the holder’s officers, directors, partners or full-time employees that are members described in paragraph 2, and any member exercising responsible control for design activities provided by the holder in the class of registration to which the notice relates, successfully complete the qualification program, including payment of any fees associated with the qualification program, and

ii. provide the names of all persons mentioned in subparagraph i who successfully complete the qualification program, along with the names of the qualification programs that were successfully completed, to the Registrar in such form as the Registrar may require.

4. The holder shall ensure that a member described in paragraph 2, or another member who is a full-time employee of the holder that has been issued an identifying number in the category of qualifications set out in Column 3 of Table 2.20.2.1 of the building code that corresponds to the class of registration set out in Column 2 of Table 2.20.2.1 of the building code that is held by the holder to which a design activity provided by the holder relates, exercises responsible control for the design activities in each class of registration that is provided by the holder.

5. The holder shall ensure that the member who exercises responsible control for the design activities provided by the holder includes the following information on any document submitted to a chief building official or registered code agency whenever a design activity is provided:

i. The holder’s name and address of record.

ii. The holder’s registration number.

iii. The member’s seal and signature.

6. The holder shall maintain insurance coverage as required under section 48 throughout the term of the registration.

57. Every member shall exercise responsible control in accordance with the guidelines set out in Practice Bulletins A.15, A.15a and A.1d, published by the Association, dated March 14, 2005, accessible on the Association’s website, www.oaa.on.ca, and available in printed copies from the Association’s head office at 111 Moatfield Drive, Toronto, Ontario, M3B 3L6.

58. (1) A member may only exercise responsible control for design activities provided by a holder if,

(a) the member has been issued an identifying number by the Registrar authorizing the member to exercise responsible control for design activities for the category of qualifications set out in Column 3 of Table 2.20.2.1 of the building code that corresponds to the class or classes of registration held by the holder; and

(b) the design activities relate to the type of building described in Column 4 of Table 2.20.2.1 of the building code for which the member has been issued an identifying number in the corresponding category of qualifications set out in Column 3 of Table 2.20.2.1 of the building code.

(2) A member who is an officer, director, partner or full-time employee of a person who is not a holder may only carry out design activities and exercise responsible control for design activities if the member has been issued an identifying number by the Registrar authorizing the member to carry out design activities and exercise responsible control for design activities for a category of qualifications set out in Column 3 of Table 2.20.2.1 of the building code that corresponds to the type of building described in Column 4 of Table 2.20.2.1 of the building code to which the design activities relate.

(3) An application for an identifying number shall be in a form provided by the Registrar.

(4) The requirements and qualifications for issuance of an identifying number are:

1. Evidence that the applicant has successfully completed the qualification program or programs published and administered by the Association relating to the applicant’s knowledge of the Building Code Act, 1992 and the building code in the category of qualifications set out in Column 3 of Table 2.20.2.1 of the building code that correspond,

i. to the class or classes of registration held by the holder for whom the applicant exercises responsible control over design activities, or

ii. in the case of an applicant who is an officer, director, partner or full-time employee of a person who is not a holder, to the type of building described in Column 4 of Table 2.20.2.1 of the building code for which the applicant carries out design activities or exercises responsible control for design activities.

2. Payment of all outstanding fees prescribed by the by-laws for any qualification program, if applicable.

3. Payment of the fees prescribed by the by-laws for the application and identifying number.

(5) An identifying number, unless suspended or revoked under subsection 60 (2), or cancelled under section 63, is valid so long as the member’s licence is valid.

(6) Every member shall, at the time of an application for an identifying number or, if an identifying number has been issued, on the date of payment of the annual licence fee prescribed by the by-laws provide to the Registrar any documents or information regarding his or her qualifications that the Registrar may reasonably require.

(7) Every identifying number issued is subject to the following terms and conditions:

1. Not more than 180 days after the day the Registrar gives notice of a new qualification program relating to a category of qualifications held by the member, the member shall,

i. successfully complete the qualification program, including payment of any fees associated with the qualification program, and

ii. provide his or her name, along with the name of the qualification program that was successfully completed, to the Registrar in such form as the Registrar may require.

2. The member shall ensure that if he or she has exercised responsible control for the design activities provided by a holder or carried out design activities and exercised responsible control for design activities as an officer, director, partner or full-time employee of a person who is not a holder, the following information is included on any document submitted to a chief building official or registered code agency whenever a design activity is provided:

i. The member’s name and identifying number.

ii. The member’s seal and signature.

59. Every holder with a registration and registration number, and every member with an identifying number, shall immediately notify the Registrar of any change in any particular contained in an application and shall provide to the Registrar any documents and information that the Registrar may reasonably require.

60. (1) The Registrar may refuse to register and issue a registration number to a holder, or to issue an identifying number to a member, if,

(a) the holder or member is in contravention of the Building Code Act, 1992 or the building code;

(b) the holder or member does not meet the requirements and qualifications for registration and a registration number or an identifying number;

(c) the holder’s certificate of practice or the member’s licence has been suspended, revoked or cancelled;

(d) an order has been made under subsection 69 (2) of the Provincial Offences Act directing that no registration and registration number or identifying number be granted or issued to the holder or member until a fine is paid;

(e) in the case of a holder, the Registrar is of the opinion that the past conduct of the holder or an officer, director, partner or full-time employee of the holder affords reasonable grounds that the holder or officer, director, partner or full-time employee of the holder will not carry out design activities in accordance with the law; or

(f) in the case of a member, the Registrar is of the opinion that the past conduct of the member affords reasonable grounds that the member will not carry out design activities in accordance with the law or exercise responsible control for design activities.

(2) The Registrar may suspend or revoke a holder’s registration and registration number or a member’s identifying number if,

(a) the holder or member is in contravention of the Building Code Act, 1992 or the building code;

(b) the holder or member no longer meets the requirements and qualifications for a registration and registration number or an identifying number;

(c) the holder or member is in breach of a term or condition of a registration and registration number or an identifying number;

(d) the registration and registration number or identifying number were granted or issued to the holder or member on the basis of mistaken, false or incorrect information;

(e) the holder’s certificate of practice or the member’s licence has been suspended, revoked or cancelled;

(f) an order has been made under subsection 69 (2) of the Provincial Offences Act directing that the holder’s registration and registration number, or the member’s identifying number, be suspended until a fine is paid;

(g) in the case of a holder, the Registrar is of the opinion that the past conduct of the holder or an officer, director, partner or full-time employee of the holder affords reasonable grounds that the holder or officer, director, partner or full-time employee of the holder will not carry out design activities in accordance with the law; or

(h) in the case of a member, the Registrar is of the opinion that the past conduct of the member affords reasonable grounds that the member will not carry out design activities in accordance with the law or exercise responsible control for design activities.

(3) Where the Registrar refuses to register and issue a registration number to a holder or issue an identifying number to a member under subsection (1), or suspends or revokes a registration and registration number or identifying number under subsection (2), the Registrar shall serve a notice of the proposal, together with written reasons, on the holder or member.

(4) A notice under subsection (3) shall state that the holder or member is entitled to a hearing before the Building Code Qualifications Committee established under section 61 if the holder or member serves, within 15 days after the notice under subsection (3) is served on the holder or member, notice in writing on the Registrar requiring a hearing.

(5) Where the holder or member does not require a hearing before the Building Code Qualifications Committee in accordance with subsection (4), the Registrar may carry out the proposal stated in the notice under subsection (3).

61. (1) The Building Code Qualifications Committee is established.

(2) The Building Code Qualifications Committee shall be composed of,

(a) at least two elected members of the Council appointed at pleasure to the Committee by the Council; and

(b) at least two members of the Association who are not members of the Council and who are appointed at pleasure to the Committee by the Council. 

(3) Three members of the Building Code Qualifications Committee, one of whom is an elected member of the Council, constitute a quorum. 

(4) A determination of the Building Code Qualifications Committee made in a meeting or a hearing of the Committee requires the vote of a majority of the members of the Committee who are present at the meeting, including those members who are deemed to be present at a meeting under paragraph 7 of subsection 8 (1) of the Act. 

(5) The Council shall appoint one member of the Building Code Qualifications Committee, who is an elected member of the Council, to be the chair of the Committee. 

(6) The chair or, in the absence of the chair, a member of the Building Code Qualifications Committee designated by the chair shall preside at all meetings and hearings of the Committee. 

62. (1) Where the holder or member requires a hearing by the Building Code Qualifications Committee in accordance with subsection 60 (4), the Committee shall appoint a time for, give notice of and shall hold the hearing.

(2) Following a hearing under subsection (1), the Building Code Qualifications Committee may, by order, direct the Registrar to carry out the proposal, refrain from carrying out the proposal, or take any action that the Committee considers in accordance with the purpose and intent of this section, and for such purposes the Committee may substitute its opinion for that of the Registrar.

(3) Except as otherwise provided in this section, the provisions of the Act applying to hearings by the Registration Committee, except section 36, apply with necessary modifications to proceedings of the Building Code Qualifications Committee.

63. The Registrar may, upon written request of a holder or member, cancel a registration and registration number or identifying number.

64. (1) The Registrar shall maintain a list of holders that are registered and have been issued a registration number for each class of registration set out in Column 2 of Table 2.20.2.1 of the building code that contains the following information:

1. The holder’s name and address of record.

2. The holder’s registration number.

3. The qualifications of the holder and the officers, directors, partners and full-time employees of the holder in each category of qualifications set out in Column 3 of Table 2.20.2.1 of the building code that corresponds to each class of registration set out in Column 2 of Table 2.20.2.1 of the building code.

(2) The Registrar shall maintain a list of members with an issued identifying number for each category of qualifications set out in Column 3 of Table 2.20.2.1 of the building code that contains the following information:

1. The member’s name and identifying number.

2. The member’s qualifications.

3. Where the member carries out design activities for a holder, the holder’s name, address of record and registration number in each class of registration set out in Column 2 of Table 2.20.2.1 of the building code.

(3) The Registrar shall remove the name of a holder or member from the list under subsection (1) or (2) if the holder’s registration and registration number, or the member’s identifying number, is suspended or revoked under subsection 60 (2), or cancelled under section 63.

65. Subsections 56 (1), 58 (1) and (2) do not apply to design activities and the exercise of responsible control that relate to the construction of a building for which a permit under section 8 of the Building Code Act, 1992 is applied for before July 1, 2005, and for which construction is commenced within six months after the permit is issued.

6. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 3 comes into force on July 1, 2005.

Made by:

Council of the Ontario Association of Architects:

Lisa Bate

Vice President

Brian Watkinson

Executive Director and Deputy Registrar

Date made: March 15, 2005.