ontario regulation 521/24

made under the

Architects Act

Made: November 18, 2024
Approved: December 12, 2024
Filed: December 13, 2024
Published on e-Laws: December 13, 2024
Published in The Ontario Gazette: December 28, 2024

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

(GENERAL)

1. The definition of “certificate of academic qualifications” in section 1 of Regulation 27 of the Revised Regulations of Ontario, 1990 is revoked.

2. Subsections 2 (2) and (3) of the Regulation are revoked and the following substituted:

(2) Sixteen members shall be elected to the Council as follows:

1. For the Eastern Ontario electoral district, two holders of a licence.

2. For the Central Ontario electoral district, two holders of a licence.

3. For the Northern Ontario electoral district, one holder of a licence.

4. For the Western Ontario electoral district, two holders of a licence.

5. For the City of Toronto electoral district, four holders of a licence.

6. For the Province of Ontario electoral district,

i. four holders of a licence, and

ii. one holder of a limited licence.

3. Subsection 8 (3) of the Regulation is revoked and the following substituted:

(3) Every holder of a licence who is qualified to vote at an election may cast one vote,

(a) for each holder of a licence position on the Council for the electoral district in which the voting holder has an address of record; and

(b) for each position on the Council for the Province of Ontario electoral district.

(3.1) Every holder of a limited licence who is qualified to vote at an election may cast one vote for the holder of a limited licence position for the Province of Ontario electoral district.

4. Subsection 16 (1) of the Regulation is amended by adding “who are holders of a licence” after “the elected members”.

5. Subsection 19 (2) of the Regulation is revoked and the following substituted:

(2) The Experience Requirements Committee shall be composed of the following persons, appointed at pleasure by the Council:

1. At least one holder of a licence who is an elected member of the Council.

2. At least three holders of a licence who are not members of the Council.

6. Subsection 20 (2) of the Regulation is revoked and the following substituted:

(2) The Registration Committee shall be composed of the following persons, appointed at pleasure by the Council:

1. At least two holders of a licence who are elected members of the Council.

2. At least two holders of a licence who are not members of the Council.

7. Section 24 of the Regulation is amended by adding the following paragraphs:

6. Intern technologists.

7. Student technologists.

8. Subsection 30 (3) of the Regulation is revoked and the following substituted:

(3) A retired member may use the following titles:

1. In the case of a retired holder of a licence, “architect (retired)” or “architecte (retraité)”.

2. In the case of a retired holder of a limited licence, “Licensed Technologist (retired)” or “technologue agréé (retraité)”.

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

30.1 (1) Intern technologists are persons who are of good character, have paid the annual fees prescribed by the by-laws, have complied with the academic requirements specified in this Regulation for the issuance of a limited licence and are appointed as intern technologists by the Registrar.

(2) An intern technologist is entitled to receive general information issued by the Association and to attend the annual and general meetings of the members of the Association, but is not entitled to vote at such a meeting.

(3) Intern technologist status is valid for one year.

30.2 (1) Student technologists are persons who are of good character, have paid the annual fees prescribed by the by-laws, meet any of the following enrolment requirements and are appointed as student technologists by the Registrar:

1. Enrolment in a three-year architectural technology program of instruction leading to an advanced diploma from an Ontario college of applied arts and technology.

2. Enrolment in a three-year college architectural technology program accredited by Technology Accreditation Canada.

(2) A student technologist is entitled to receive general information issued by the Association and to attend the annual and general meetings of the members of the Association, but is not entitled to vote at such a meeting.

(3) Student technologist status is valid for one year.

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

32. (1) The following academic, experience and examination requirements for the issuance of a limited licence to a person are prescribed for the purposes of clauses 13.1 (1) (d) and (e) of the Act:

1. The person must hold an advanced diploma from an Ontario college of applied arts and technology for a three-year architectural technology program or have graduated from a three-year college architectural technology program accredited by Technology Accreditation Canada.

2. The person must have completed the admission course offered by the Association.

3. The person must have successfully completed the Examination for Licensed Technologists published by the Association.

4. The person must have completed a total of 5,580 hours of experience, under the personal supervision and direction of a person authorized to practice architecture in the jurisdiction in which the experience is obtained, that meets the requirements of the OAA Technology Program published by the Association. At least 940 hours of the experience must have been completed within the three years before the date on which the person applies for the limited licence.

5. If fewer than 940 of the total hours of experience required by paragraph 4 were completed in Canada, the person must have successfully completed the Council-approved courses specified in the OAA Technology Program published by the Association.

6. The person must have completed an experience assessment provided by the Association.

(2) Paragraphs 1, 4 and 5 of subsection (1) do not apply with respect to a person who successfully completed the Advanced Standing Program that was administered by the Ontario Association of Applied Architectural Sciences before its dissolution.

32.1 (1) Every limited licence is subject to the following terms and conditions:

1. The holder of the limited licence will engage in the practice of architecture with respect only to the preparation or provision of a design for the construction, enlargement or alteration of a building that,

i. is not more than three storeys and not more than 600 square metres in gross area as constructed, enlarged or altered, and is used or intended for one or more of,

A. residential occupancy,

B. business occupancy,

C. personal services occupancy,

D. mercantile occupancy,

E. industrial occupancy, or

F. assembly occupancy, but only with respect to occupancy for the consumption of food or drink in a restaurant intended to accommodate not more than 100 people,

ii. is used or intended for residential occupancy, contains one dwelling unit or two attached dwelling units, and, as constructed, enlarged or altered, is not more than four storeys, or

iii. is used or intended for residential occupancy, contains three or more attached dwelling units, and, as constructed, enlarged or altered, is not more than four storeys and 600 square metres in building area.

2. The holder of the limited licence may only use the titles “Licensed Technologist” and “technologue agréé”.

3. The holder of the limited licence must comply with the Act and the regulations.

(2) Expressions used in paragraph 1 of subsection (1) have the same meaning as in section 11 of the Act.

(3) For greater certainty, paragraph 1 of subsection (1) does not apply with respect to anything permitted under subsection 11 (3) or (5) of the Act.

11. Section 34 of the Regulation is amended by striking out “and” at the end of clause (b) and by adding the following clause:

(b.1) evidence that the applicant is not designated as a non-practising member under section 40; and

12. The Regulation is amended by adding the following section:

40. (1) The Registrar shall designate as a “non-practising member” every holder of a licence or limited licence who meets the following requirements:

1. The holder is a member in good standing in the Association.

2. The holder submits to the Registrar a written request for the designation stating that the holder is not engaged in the practice of architecture in the form and manner specified by the Registrar, together with any other documents or information the Registrar may require.

(2) The licence or limited licence of a holder designated as a non-practising member is subject to the following conditions, which prevail over any other term, condition or limitation to which the holder’s licence or limited licence is subject:

1. The holder shall not engage in the practice of architecture.

2. The holder may not act as,

i. a mentor or supervising architect in the Association’s Internship in Architecture Program or mentor or supervising professional in the OAA Technology Program, or

ii. a member of a committee established under section 9 of the Act or of the Practice Review Committee.

3. Despite subsection 4 (1), the holder is not eligible for election to the Council.

4. In the case of a holder of a licence, the holder may use the title “architect” or “architecte” as an occupational designation, but shall not use any term, title, addition or description that will lead to the belief that the holder may engage in the practice of architecture.

5. In the case of a holder of a limited licence, the holder may use the title “Licensed Technologist” or “technologue agréé” as an occupational designation, but shall not use any term, title, addition or description that will lead to the belief that the holder may engage in the practice of architecture.

(3) The Registrar shall revoke a holder’s non-practising member designation if the holder,

(a) submits written notice to the Registrar indicating that the reason for the designation no longer exists and the date on which it ceased to exist; and

(b) pays,

(i) any fees owing to the Association from the period during which the holder was designated as a non-practising member, and

(ii) the applicable fees specified by the by-laws.

(4) The Registrar shall confirm the revocation of the designation and the date of the revocation by written notice to the holder.

(5) The conditions imposed on the holder’s licence or limited licence under subsection (2) are lifted on the date indicated in the notice referred to in subsection (4) as the designation revocation date.

(6) The lifting of the conditions imposed on the holder’s licence or limited licence under subsection (2) does not affect the application of any other term, condition or limitation to which the holder’s licence or limited licence is subject.

13. (1) Paragraphs 22 and 25 of section 42 of the Regulation are amended by striking out “licence, certificate of practice” wherever it appears and substituting in each case “licence, limited licence, certificate of practice”.

(2) Paragraph 27 of section 42 of the Regulation is amended by striking out “an application for a licence, reinstatement of a licence, certificate of practice” and substituting “an application for a licence or limited licence, reinstatement of a licence, limited licence, certificate of practice”.

(3) Paragraphs 40 and 41 of section 42 of the Regulation are amended by striking out “licence or temporary licence” wherever it appears and substituting in each case “licence, limited licence or temporary licence”.

14. Clause 43 (1) (d) of the Regulation is amended by striking out “the architect” and substituting “the member”.

15. (1) Subsection 44 (1) of the Regulation is amended by striking out “licence, certificate of practice” in the portion before paragraph 1 and substituting “licence, limited licence, certificate of practice”.

(2) Paragraph 7 of subsection 44 (1) of the Regulation is amended by adding “or limited licence” after “reinstatement of a licence”.

(3) Subsection 44 (2) of the Regulation is revoked.

16. Paragraph 7 of section 49 of the Regulation is amended by striking out “licence, certificate of practice” wherever it appears and substituting in each case “licence, limited licence, certificate of practice”.

17. The French version of subsection 52 (2) of the Regulation is amended by striking out “professionnel” and substituting “professionnelle”.

18. Section 54 of the Regulation is revoked and the following substituted:

54. (1) In this section,

“cycle” means the period of time determined by the Council for the purpose of this section.

(2) The Council shall establish a program of continuing education for members, in accordance with this section.

(3) The program shall be administered by the Registrar, and shall include continuing education activities that may be offered by the Council or by other persons, consisting of courses of study, seminars, workshops, self-directed learning and professional activities approved by the Council.

(4) Every member shall meet the following requirements, except as may otherwise be provided under the program:

1. A member shall, in each cycle, complete the following number of learning hours:

i. In the case of a holder of a licence, 70 learning hours that meet the requirements of the program specified for holders of a licence.

ii. In the case of a holder of a limited licence, 35 learning hours that meet the requirements of the program specified for holders of a limited licence.

iii. In the case of a member designated as a non-practising member, 35 learning hours that meet the requirements of the program specified for such members.

2. A member shall meet any other continuing education requirements included in the program.

(5) Every member shall report their continuing education activities to the Registrar in the form and manner specified by the Registrar, which may include an audit of documentation relating to those activities.

(6) The Registrar may monitor members for compliance with the requirements of this section.

(7) The Registrar may suspend a member’s licence or limited licence if the member does not meet the requirements of this section.

(8) A suspension under subsection (7) remains in effect until the Registrar is satisfied that the member has met the requirements.

(9) The Registrar shall notify the member in writing of a suspension under subsection (7) and of the removal of a suspension under subsection (8).

Commencement

19. This Regulation comes into force on the later of the day section 18 of Schedule 1 to the Enhancing Access to Justice Act, 2024 comes into force and the day this Regulation is filed.

Made by:
Pris par :

Council of the Ontario Association of Architects:
Le Conseil de l’Ordre des architectes de l’Ontario :

Settimo Vilardi

President / Président

Kristi Doyle

Executive Director / Directrice Générale

Date made: November 18, 2024
Pris le : 18 novembre 2024