Part 6
General
66 Liability of
authorized entity
67 Exemption
from municipal licence
68 Certificate
of registration
69 Protection
from liability
Part 7
Prohibitions and Penalties
70 Practice
prohibitions
71 Penalties
72 Onus of proof
Part 8
Restricted Practitioners
73 Certification
as restricted practitioner
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “architects
corporation” means a corporation that holds a permit under section 20;
(b) “Association”
means The Alberta Association of Architects;
(c) “authorized
entity” means a registered architect, architects corporation, architects and
engineers firm, visiting project architect and restricted practitioner;
(d) “Board”
means the Practice Review Board established under section 38;
(e) “building”
means a building as defined in the Safety
Codes Act;
(f) “Committee”
means the Complaint Review Committee established under section 36;
(g) “Council”
means the Council of the Association;
(h) “Joint
Board” means the Joint Board of Practice under section 1 of Schedule 8 to the Government Organization Act;
(i) “joint
firm” or “architects and engineers firm” means a firm of architects and
engineers that holds a certificate of authorization under section 20;
(i.1) “licensed
interior designer” means an individual who holds a registration certificate as
a licensed interior designer under the Interior Design Regulation
(AR 174/83);
(j) “member
of the public” means an individual who
(i) is a Canadian citizen or who has been lawfully admitted to Canada
for permanent residence,
(ii) is a resident of Alberta, and
(iii) is not a registered architect or restricted practitioner;
(k) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(l) “practice
of architecture” means
(i) planning, designing or giving advice on the design of or on the
erection, construction or alteration of or addition to a building,
(ii) preparing plans, drawings, detail drawings, specifications or
graphic representations for the design of or for the erection, construction or
alteration of or addition to a building, or
(iii) inspecting work and assessing the performance of work under a
contract for the erection, construction or alteration of or addition to a
building;
(m) “registered
architect” means an individual who holds a certificate of registration under
section 20 and an annual certificate under section 22;
(n) “Registrar”
means the Registrar appointed under section 7;
(o) “Registration
Committee” means the committee established under section 12;
(o.1) “restricted
practitioner” means an individual who holds a certificate of authorization
under section 73;
(p) “visiting project architect” means an
individual who holds a licence under section 20(2).
RSA 2000 cA‑44
s1;2004 c3 s2
Part 1
Scope of Practice
Exclusive scope of
practice and use of name
2(1) Except as otherwise provided in this Act, no
person except an authorized entity shall engage in the practice of
architecture.
(2) No
person except a registered architect, visiting project architect, architects
corporation or architects and engineers firm shall
(a) use
any one or more of the names architect, registered architect, visiting project
architect, architects corporation or architects and engineers firm, or any
title, description, abbreviation, letter or symbol representing those names,
alone or in combination with any other name, title, description, abbreviation,
letter or symbol, that represents expressly or by implication that the person
is a registered architect, visiting project architect or it is an architects
corporation or architects and engineers firm,
(b) represent
or hold out, expressly or by implication, that
(i) the person or it is entitled to engage in the practice of
architecture, or
(ii) the person is a registered architect, visiting project architect
or it is an architects corporation or architects and engineers firm,
or
(c) affix
the seal or stamp of a registered architect or the stamp of a visiting project
architect, architects corporation or architects and engineers firm, or permit
that seal or stamp to be affixed, to a plan, drawing, detail drawing,
specification or other document or a reproduction of any of them unless
(i) that plan, drawing, detail drawing, specification, other document
or reproduction was prepared by or under the personal supervision, direction
and control of, and
(ii) the seal or stamp is affixed with the knowledge, consent or in
accordance with the direction of
the registered architect or
visiting project architect to whom or the architects corporation or architects
and engineers firm to which the seal or stamp was issued by the Registrar.
(3) Subsection
(1) does not apply to a person engaged in the practice of architecture in the
course of being employed or engaged by a registered architect, visiting project
architect, architects corporation or architects and engineers firm.
(4) A
restricted practitioner is not authorized by the operation of subsection (1) to
engage in the practice of architecture beyond the scope of the practice that is
specified in the register in respect of the individual concerned.
(5) Subsection
(1) does not apply to a person who engages in
(a) planning,
designing or giving advice on the design of or on the erection, construction or
alteration of or addition to,
(b) preparing
plans, drawings, detail drawings, specifications or graphic representations for
the design of or for the erection, construction or alteration of or addition
to, or
(c) inspecting
work or assessing the performance of work under a contract for the erection,
construction or alteration of or addition to
a building set out in
subsection (6).
(6) The
buildings referred to in subsection (5) are the following:
(a) a
building, 3 storeys or less in height, for assembly occupancy or institutional
occupancy that,
(i) in the case of a single storey building, has a gross area of 300
square metres or less,
(ii) in the case of a 2 storey building, has a gross area of 150
square metres or less on each floor, or
(iii) in the case of a 3 storey building, has a gross area of 100
square metres or less on each floor;
(b) a
building for residential occupancy that
(i) is a single family dwelling, or
(ii) is a multiple family dwelling containing 4 dwelling units or
less;
(c) a
building, 3 storeys or less in height, for residential occupancy as a hotel,
motel or similar use that,
(i) in the case of a single storey building, has a gross area of 400
square metres or less,
(ii) in the case of a 2 storey building, has a gross area of 200
square metres or less on each floor, or
(iii) in the case of a 3 storey building, has a gross area of 130
square metres or less on each floor;
(d) a
building, 3 storeys or less in height, for warehouse, business and personal
services occupancy, for mercantile occupancy or for industrial occupancy that
(i) in the case of a single storey building, has a gross area of 500
square metres or less,
(ii) in the case of a 2 storey building, has a gross area of 250
square metres or less on each floor, or
(iii) in the case of a 3 storey building, has a gross area of 165
square metres or less on each floor;
(e) a
building that is a farm building not for public use;
(f) a
relocatable industrial camp building.
(7) Subsection (1) does not apply to a licensed
interior designer who is engaged in that portion of the practice of
architecture that is defined as interior design in the regulations.
RSA 2000 cA‑44
s2;2004 c3 s3
Application of Act to
professional engineers
3(1) No individual, corporation, partnership or
other entity may engage in both the practice of architecture and the practice
of engineering or hold out that it is entitled to engage in both the practice
of architecture and the practice of engineering as defined in the Engineering, Geological and Geophysical
Professions Act, unless it holds a certificate of authorization under this
Act or the Engineering, Geological and
Geophysical Professions Act permitting it to do so.
(2) Nothing in section 2(1) applies to an
individual registered as a professional engineer under the Engineering, Geological and Geophysical Professions Act who has
been granted authority by the Council to apply for a permit authorized by the
regulations under the Safety Codes Act.
RSA 1980 cA‑44.1
s3;1981 cE‑11.1 s87;1981 c5 s3;
1991 cS‑0.5 s70
Injunction
4 The Court of Queen’s Bench, on application by
the Council by way of originating notice, may grant an injunction enjoining any
person from doing any act that is in contravention of section 2 or section
3(1), notwithstanding any penalty that may be provided by this Act or the
regulations in respect of that contravention.
RSA 1980 cA‑44.1
s4
Part 2
Association
Alberta Association of
Architects
5(1) The Alberta Association of Architects is
continued as a corporation.
(2) In
addition to the powers vested in it by this and any other Act, the Association
has the power to
(a) acquire
and hold real property and to sell, lease or otherwise dispose of it, and
(b) borrow money for the purposes of the
Association and to mortgage or charge real or personal property of the
Association or its sources of funds as security.
RSA 1980 cA‑44.1
s5
Council
6(1) There is hereby established a governing body of
the Association called the Council.
(2) The
Council shall manage and conduct the business and affairs of the Association
and exercise the powers of the Association in the name and on behalf of the
Association.
(3) The
Council shall annually submit to the Minister a report on those matters of the
business and affairs of the Association that the Minister may require in a form
satisfactory to the Minister.
(4) The Minister shall, on receipt of the annual
report of the Association, lay it before the Legislative Assembly, if it is
then sitting, and if it is not then sitting, within 15 days after the
commencement of the next sitting.
RSA 1980 cA‑44.1
s6
Registrar
7 The Council may by resolution appoint or revoke
the appointment of an individual as Registrar for the purposes of this Act.
RSA 1980 cA‑44.1
s7
Council membership and
election of officers
8(1) The Council shall consist of
(a) at
least 9 registered architects or a greater number that may be prescribed by the
bylaws, each of whom shall be elected by and from among registered architects,
at the time, in the manner and for the period provided for by the bylaws,
(a.1) one
licensed interior designer who shall be elected by and from among licensed
interior designers and registered architects at the time, in the manner and for
the period provided for by the bylaws, and
(b) when
the number of elected registered architects does not exceed 10, one member of
the public, or when the number of elected registered architects is more than 10
but not more than 20, two members of the public, who shall be appointed by the
Minister after consultation with the Association for a one‑year term of
office.
(2) The
members of the Council under subsection (1) shall elect from among themselves
the officers of the Association specified in the bylaws in the manner and for
the term prescribed in the bylaws.
(3) A
member of the public referred to in subsection (1)(b) continues to hold office
after the expiry of the member’s term of office until the member is reappointed
or the member’s successor is appointed.
(4) The
Minister may, after consultation with the Council, revoke the appointment of a
member of the public referred to in subsection (1)(b).
(5) The
Minister may pay to a member of the public referred to in subsection (1)(b)
travelling and living expenses incurred by that member for the member’s
attendance at any meeting of the Council while away from the member’s usual
place of residence and fees in an amount prescribed by the Minister.
(6) The
powers, duties and operations of the Council under this Act, the regulations
and the bylaws are not affected by
(a) the
fact that no member of the public is appointed as a member of the Council
pursuant to subsection (1)(b),
(b) the
revocation, under subsection (4), of the appointment of a member of the
Council, or
(c) the
resignation from the Council of a member of the public.
(7) The failure of a member of the public appointed
pursuant to subsection (1)(b) to attend a meeting of the Council shall not be
construed to affect or restrict the Council from exercising any powers or
performing any duties under this Act, the regulations and the bylaws at that
meeting.
RSA 2000 cA‑44
s8;2004 c3 s4
Part 3
Regulations and Bylaws
Regulations
9(1) The Council may make regulations
(a) respecting
the academic qualifications of and training requirements for applicants for
registration as registered architects;
(b) establishing
conditions respecting the registration of an applicant referred to in clause
(a), including residence, age and character requirements;
(c) providing
for the evaluation by the Registration Committee, the Practice Review Board,
any other committee or board established or designated under the regulations,
or for the evaluation by the Council, of the academic qualifications of and
training requirements for applicants for registration as registered architects,
visiting project architects or restricted practitioners, and the examination of
those applicants with respect to those qualifications or requirements;
(d) respecting
the eligibility of applicants for registration to engage in the practice of
architecture
(i) as visiting project architects, including their relationship with
registered architects who will collaborate on projects approved by the Council,
or
(ii) as restricted practitioners;
(e) prescribing
the requirements of eligibility of applicants to engage in the practice of
architecture as architects corporations, including
(i) the number of full‑time permanent employees or shareholders
who must be registered architects and who will assume personal supervision,
direction and control over the practice of architecture,
(ii) the required amount of beneficial ownership of voting shares of
the applicant that must be vested in registered architects and the number of
directors or officers of the applicant who must be registered architects, and
(iii) the persons or qualifications of persons who may be beneficial
owners of any of the issued shares of the applicant or who may be employees of
the applicant but are not registered architects;
(f) prescribing
technical standards for the practice of architecture;
(g) establishing
and providing for the publishing of a code of ethics respecting the practice of
architecture, the maintenance of the dignity and honour of the profession of
architecture and the protection of the public interest;
(h) governing
the names under which authorized entities may engage in the practice of
architecture;
(i) respecting
the fixing of fees, dues and levies payable to the Association by visiting
project architects;
(j) prescribing
how many members of the Council constitute a quorum of the Council;
(k) respecting
the powers, duties and functions of the Practice Review Board including, but
not limited to, the referral of matters by that Board to the Council or the
Complaint Review Committee and appeals from decisions of that Board;
(l) governing,
subject to this Act, the operation and proceedings of the Registration
Committee, the Complaint Review Committee and the Practice Review Board, the
designation of chair and vice‑chair, the appointment of acting members
and the procedures for filling vacancies in the offices of chair and vice‑chair
and in the membership of either Committee or the Board, the appointment of
members by virtue of their offices of either Committee or the Board and
prescribing their powers, duties and functions;
(m) respecting
the procedures for hearings of the Complaint Review Committee, of the Practice
Review Board and of the Council in matters relating to the conduct or practice
of authorized entities, whether or not a complaint has been made;
(n) applying
all or some of the provisions of this Act, the regulations or the bylaws to
members of classes or categories of membership in the Association established
under the bylaws;
(o) respecting
reviews of the practice of an authorized entity by the Board or a person
authorized by the Board;
(p) respecting
registration, licensing, permits and certificates of authorization, the review
of complaints, the practice of architecture and the review of the practice of
authorized entities, generally;
(q) respecting
the establishment by the Council of a compulsory continuing education program
for registered architects and restricted practitioners;
(r) governing
the publication of a notice of the suspension or cancellation of the
registration of an authorized entity in a form and manner prescribed by the
Council;
(s) respecting
committees of inquiry for reinstatements under Part 5;
(t) defining
the practice of interior design for the purposes of this Act;
(u) respecting
the academic qualifications of and training requirements for applicants for
registration as licensed interior designers;
(v) establishing
conditions respecting the registration of an applicant referred to in clause
(u);
(w) respecting
the establishment by the Council of a compulsory continuing education program
for licensed interior designers;
(x) establishing
and providing for the publication of a code of professional conduct respecting
the practice of interior design for the purposes of this Act.
(2) A
regulation under subsection (1) does not come into force unless it has been
approved by
(a) a
majority of the registered architects
(i) present and voting at a general meeting, or
(ii) voting in a mail vote conducted in accordance with the bylaws,
and
(b) the Lieutenant Governor in Council.
RSA 2000 cA‑44
s9;2004 c3 s5
Bylaws
10(1) The Council may make bylaws
(a) for
the government of the Association and the management and conduct of its
affairs;
(b) determining
the location of the head office of the Association;
(c) respecting
the calling of and conduct of meetings of the Association and the Council;
(d) respecting
the nomination, election, number and term of office of Council members and
officers of the Association and the appointment of individuals as members by
virtue of their offices of the Council and of any committee or board
established by the Council, and prescribing their powers, duties and functions;
(e) providing
for the appointment of acting members of the Council and procedures for the
election of registered architects and the nomination of members of the public
for appointment by the Minister;
(f) providing
for the division of Alberta into electoral districts, and prescribing the
number of Council members to be elected from each district;
(g) establishing
classes or categories of membership in the Association in addition to
registered architects, and prescribing the rights, privileges and obligations
of the classes or categories of membership so established;
(h) providing
for the appointment and the revocation of the appointment of employees of the
Association and of an individual as an Acting Registrar who has all of the
powers and performs all of the duties of the Registrar under this Act, the
regulations and the bylaws when the Registrar is absent or unable to act or
when there is a vacancy in the office of Registrar;
(i) governing
the establishment, operation and proceedings of chapters;
(j) governing
the establishment, operation and proceedings of committees, the appointment of
members of committees, the appointment of acting members and procedures for
filling vacancies on committees and the delegation of any powers or duties of
the Council under this Act, the regulations or the bylaws to a committee
established by the Council or under this Act;
(k) prescribing
the number of registered architects that constitutes a quorum at meetings of
the Association;
(l) except
for the members of the public appointed by the Minister, prescribing fees and
expenses payable to members of the Council, the Practice Review Board, the
Registration Committee, the Complaint Review Committee or any other board or
committee of the Council or Association or for a registered architect
representing the Association on a board or committee;
(m) respecting
the establishment of and payment of sums of money for scholarships, fellowships
and any other educational incentive or benefit programs that the Council
considers appropriate;
(n) governing
the information to be engraved on and the use to be made of
(i) seals and stamps by registered architects, and
(ii) stamps by visiting project architects, restricted practitioners,
architects corporations and joint firms;
(o) respecting
the fixing of fees, dues and levies payable to the Association by registered
architects, architects corporations, joint firms, restricted practitioners and
persons who are members of other classes or categories of membership in the
Association;
(p) governing
the nature of the costs in respect of which an order may be made by the
Discipline Committee or, on appeal, the Council;
(q) respecting
the establishment, content and maintenance of registers of authorized entities
and of records of other classes or
categories of membership to be recorded by the Registrar;
(r) respecting
the removal from the registers and records of any memorandum or entry made in
them under this Act or the regulations to indicate
(i) the suspension or cancellation of the registration of an
authorized entity, or
(ii) the death of a registered architect, visiting project architect
or restricted practitioner,
including the removal of
the name of the individual or corporation concerned;
(s) governing
the publication of the names of applicants for registration as registered
architects approved by the Registration Committee;
(t) requiring
authorized entities to maintain a business address in Alberta and to inform the
Registrar in writing of that address and of any change in that address
forthwith after the change occurs;
(u) authorizing
the Council to prescribe the form of a certificate of registration, a licence,
a permit, a certificate of authorization, an annual certificate and any other
form or document that may be required for the purposes of this Act, the regulations
and the bylaws;
(v) governing
the holding of mail votes.
(2) The Regulations Act does not apply to bylaws of the Association.
RSA 1980 cA‑44.1
s10;1981 c5 s7
Part 4
Registration of Members
Registers
Registers
11(1) The Registrar shall maintain, in accordance
with the bylaws and subject to the direction of the Council, a register for
each of the following:
(a) registered
architects;
(b) visiting
project architects;
(c) architects
corporations;
(d) joint
firms;
(e) restricted
practitioners.
(2) The
Registrar shall enter in the appropriate register the name of a person
(a) whose
registration to engage in the practice of architecture has been approved
(i) in the case of a registered architect, by the Registration
Committee or, on review, the Council,
(ii) in the case of a visiting project architect or architects
corporation, by the Council,
(iii) in the case of a joint firm, by the Joint Board and the Council,
or
(iv) in the case of a restricted practitioner, in accordance with
section 73,
and
(b) who has paid the fee prescribed in the
regulations or bylaws, as the case may be.
RSA 2000 cA‑44
s11;2004 c3 s6
Registration Committee
and Council Reviews
Registration Committee
12(1) The Council shall, by bylaw, establish a
Registration Committee consisting of those registered architects appointed by
the Council as members of the Registration Committee.
(2) The
Registration Committee shall, in accordance with this Part, the regulations and
the bylaws, consider applications for the registration of applicants as
registered architects, and may approve or refuse to approve the registration or
defer the approval of registration until it is satisfied that the applicant has
obtained further experience as required by the Registration Committee.
