NLR 105/10 - Architects Regulations under the Architects Act, 2008

NEWFOUNDLAND AND LABRADOR REGULATION 105/10 Architects Regulations under the Architects Act, 2008 Amended: 98/25 NEWFOUNDLAND AND LABRADOR REGULATION 105/10 Architects Regulations under the Architects Act, 2008 (Filed November 30, 2010) Under the authority of section 32 of the Architects Act, 2008 , the Architects Licensing Board, with the approval of the Minister of Government Services, makes the following regulations. Dated at St. John's , November 23, 2010. Paul Blackwood Chairperson Architects Licensing Board Harry Harding Minister of Government Services REGULATIONS Analysis 1. Short title 2. Definition 3. Licence to practise 4. Conditions for obtaining a licence 5. Grant of title: "architect" 6. Seal or stamp 7. Filing of an allegation 8. Appointment of an adjudication tribunal 9. Adjudication tribunal hearing date 10. Decision of the adjudication tribunal Short title 1. These regulations may be cited as the Architects Regulations . 105/10 s1 Back to Top Definition 2. In these regulations (a) "Act" means the Architects Act, 2008; (b) "board" means the Architects Licensing Board established under the Act; and (c) " responsible control" means the degree of control over and detailed knowledge of the content of technical submissions during their preparation that is ordinarily exercised by architect s applying the required professional standard of care but does not include reviewing, or reviewing and correcting, technical submissions after they have been prepared by others. 105/10 s2 Back to Top Licence to practise 3. (1) An architect shall obtain insurance coverage from an insurance corporation licensed to carry on business in the province, against errors and omissions arising out of the performance or non-performance of architectural services under a professional liability policy with a liability limit of not less than $250,000 a claim and aggregate total of $500,000 in a year. (2) The insurance policy shall contain a requirement to notify the board immediately upon cancellation or expiration of the policy. (3) In the case of architectural services provided by a firm, partnership or corporation, an insurance policy shall name both the architect and the firm, partnership or corporation as separate insurees or there shall be separate policies for each of them. 105/10 s3 Back to Top Conditions for obtaining a licence 4. (1) As a precondition to being licensed to practise architect ure every applicant shall (a) submit an application in the form provided by the board; (b) submit to the board payment of a non-refundable application fee, and a licence fee and a stamp fee refundable where a licence or stamp is not granted, in an amount set by the board; (c) submit to the association payment of fees for full membership, in an amount set by the association, refundable where a licence is not granted; (d) not be the subject of a disciplinary hearing for possible infraction of an Act or regulation governing architectural services in a jurisdiction recognized by the board; (e) submit an undertaking to become knowledgeable of provincial laws and regulations pertaining to building design and construction before providing architectural services; (f) submit an undertaking that the applicant has adhered to the Act, regulations, by-laws, and code of ethics and will continue to do so; (g) submit evidence satisfactory to the board that the individual is of good character, where requested by the board; (h) submit evidence of liability insurance as prescribed by these regulations; and (i) be available for an interview, where requested by the board. (2) As a precondition to being licensed, every applicant for a licence to practise architect ure, who has never held a licence to practise architect ure in the province or another jurisdiction recognized by the board, shall also (a) submit evidence satisfactory to the board that the individual holds a certificate issued by the Canadian Architect ural Certification Board or has completed other education as the b oard considers equivalent; (b) submit evidence of having completed the hours of work experience required by the Internship in Architecture Program adopted by the board; and (c) successfully complete the Examination for Architects in Canada adopted by the board no later than 10 years from the date the applicant completed the Internship in Architecture Program. (3) As a precondition to being licensed, every applicant for a licence to practise architect ure who is currently licensed to practise architect ure in another jurisdiction recognized by the board shall also (a) submit evidence satisfactory to the board that the individual currently holds a licence to practise architecture in another jurisdiction recognized by the board; and (b) submit evidence satisfactory to the board that the individual is in good standing with each licensing authority the individual currently holds a licence from. (4) As a precondition to being licensed, every applicant for a licence to practise architect ure who previously held a licence to practise architect ure in the province or another jurisdiction recognized by the board but has not done so within the last 24 months shall undertake examinations and complete courses that may be required by the board. (5) As a precondition to renewing a licence, every applicant shall (a) submit a renewal application in the form provided by the board; (b) submit to the board payment of a licence fee, in an amount set by the board; (c) submit to the association payment of a fee for full membership, in an amount set by the association; (d) submit evidence of having completed a cycle of continuing education that meets the requirements of the continuing education program established by the board; and (e) submit evidence of liability insurance as required by these regulations. (6) The board may, where it is of the opinion that the applicant's qualifications, knowledge and experience so merit, grant an exemption from all or part of the academic and experience requirements set out in these regulations. (7) Where a breach of the Act, these regulations, by-laws, or code of ethics is suspected by the board during the licensing or licence renewal process, the board may suspend processing the application or deny a licence until it is satisfied that the breach has been rectified. (8) A licence issued by the board shall expire on December 31 unless otherwise revoked by the board. (9) Where a complete application to renew a licence is received by the board no later than November 30, the current licence shall not expire until the board has ruled on the application for renewal. (10) The board shall attempt to process an application within 30 days of receipt of a complete application. 105/10 s4 ; 98/25 s1 Back to Top Grant of title: "architect" 5. (1) The board may, at the request of the association, grant the use of the title " architect " to a member of the association who does not hold a licence. (2) The use of the title referred to in subsection (1) may be withdrawn by the board for any reason. (3) A person who is granted the use of the title referred to in subsection (1) shall (a) not provide architectural services or represent as having a licence to practise architect ure; or (b) not be entitled to hold office on the board. 105/10 s5 ; 98/25 s2 Back to Top Seal or stamp 6. (1) A seal or stamp issued by the board under the Act shall contain a space where the architect shall write in the licence expiry date each time the seal or stamp is applied. (2) An architect shall immediately return all seals or stamps issued to the architect to the board when (a) the architect no longer holds a licence; or (b) as a result of a disciplinary action, the board cancels the seal or stamp. (3) An architect shall apply the architect’s seal or stamp to a document that is required by authorities having jurisdiction to issue building permits or regulatory approvals. (4) A document that is a draft document or a "work-in-progress" shall be clearly marked "draft", "work-in-progress" or with another similar term. (5) An architect shall only seal or stamp documents where (a) they are prepared by the architect; (b) they are prepared by persons under the architect 's responsible control; (c) they contain limited parts of a design prepared by another architect where the sealing or stamping architect has reviewed the other architect 's work and either has coordinated the preparation of the work or has integrated the work into the architect’s own technical submissions; (d) they are prepared by another architect licensed in another jurisdiction recognized by the board where (i) the sealing or stamping architect has reviewed the other architect 's work and has integrated the work into the architect’s own document, and (ii) the other architect 's documents are prototypical building documents; (e) the name of the architect or, in the case of architectural services being provided by a firm, partnership or corporation, its name is prominently displayed in the document and identified as the " Architect ural Consultant"; and (f) the document being sealed or stamped does not identify another party that could be misconstrued by authorities having jurisdiction or members of the public as a provider of architectural services unless the party holds a licence or the firm, partnership or corporation retains an architect licensed to provide direct supervision of the offering and provision of architectural services as permitted by subsection 13(2) of the Act. (6) An architect may seal or stamp drawings, specifications or other work related to the provision of architectural services that are exempt under section 35 of the Act where the drawings, specifications or other work meets the requirements of subsection (5) . (7) A registered architect sealing or stamping documents not prepared by that architect but prepared under the architect 's responsible control by another person, shall maintain and make available to the board upon request for at least 5 years following the sealing and stamping, adequate and complete records demonstrating the nature and extent of the architect 's control over and detailed knowledge of those documents throughout their preparation. (8) An architect sealing or stamping documents integrating the work of another architect into the architect 's own work that are permitted under paragraph (5)(c) or (d) shall maintain and make available to the board upon request for at least 5 years following the sealing or stamping, adequate and complete records demonstrating the nature and extent of the architect 's review of and integration of the work of the other architect into the architect’s documents, and that the review and integration met the required professional standard of care. (9) An architect may make application to the board and the board may grant permission to an architect to seal or stamp documents prepared under the responsible control of another architect who is no longer permitted or able to seal or stamp documents, subject to terms set by the board . (10) An architect shall apply the architect’s seal or stamp only to documents pertaining to architect ural projects. 105/10 s6 ; 98/25 s3 Back to Top Filing of an allegation 7. (1) Within 30 days of receipt of an allegation the respondent shall be notified in writing that an allegation has been received. (2) A respondent shall have 30 days from the notification of the allegation to respond to the complainant’s allegation. (3) The chairperson of the complaints authorization committee shall inform the respondent and the complainant with 120 days of receipt of the allegation whether the committee intends to conduct an investigation of the allegation under section 18 of the Act. 105/10 s7 Back to Top Appointment of an adjudication tribunal 8. An adjudication tribunal shall be appointed within 30 days of the receipt of the charges by the disciplinary panel. 105/10 s8 Back to Top Adjudication tribunal hearing date 9. (1) An adjudication tribunal shall set a hearing date at the later of (a) 120 days after the decision of the complaints authorization committee that grounds exist to start a disciplinary proceeding; or (b) 90 days after the complaint is referred to the disciplinary panel. (2) With the agreement of the respondent and the board, the chairperson of the adjudication tribunal may extend a period referred to in subsection (1). 105/10 s9 Back to Top Decision of the adjudication tribunal 10. The written decision and orders of an adjudication tribunal shall be provided to the board and the respondent within 90 days of the completion of the hearing of the complaint by the adjudication tribunal. 105/10 s10