Architects Act, 1996, A-25.1

1 ARCHITECTS, 1996 c A-25.1 The Architects Act, 1996 being Chapter A-25.1 of the Statutes of Saskatchewan, 1996 (effective April 24, 1997) as amended by the Statutes of Saskatchewan 1997, c S-6.01; 2002, c 54; 2009, c T-23.01; 2010, c B-12, c 19 and c 20; 2014, c E-13.1; 2020, c 9; 2021, c 6; 2022, c 41; 2023, c 1; and 2024, c 4 and c 10. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c A-25.1 ARCHITECTS, 1996 Table of Contents SHORT TITLE AND INTERPRETATION 25 Investigation 1 Short title 26 Discipline committee 2 Interpretation 27 Discipline hearing ASSOCIATION 28 Disciplinary powers 3 Association continued 29 Professional incompetence 4 Objects 30 Professional misconduct 5 Membership 31 Criminal conviction 6 Property 32 Duty to report 7 Meetings 33 Suspension 34 Review by court COUNCIL 35 Effect of appeal 8 Council 36 Effect of expulsion 9 Public appointees 37 Reinstatement 10 Resignation 38 Licensed architects and students of 11 Vacancy architecture subject to discipline 12 Officers and employees GENERAL 13 Committees 39 Immunity BYLAWS 40 Offence and penalty 14 Procedures 41 Limitation of prosecution 15 Bylaws 42 Report of termination of employment 16 Filing of bylaws 43 Review by Legislative Assembly MEMBERSHIP AND REGISTRATION 44 Record of revocation and notification 17 Admission 45 Annual register 18 Register 46 Annual report 19 Registration 47 Compliance 20 Repealed 48 Service of notices, etc. 21 Delegation and appeal REPEAL PROHIBITION 49 RSS 1978, c A-25 repealed 22 Protection of title TRANSITIONAL 23 Scope of practice 50 Transitional – bylaws DISCIPLINE 51 Transitional – council 23.1 Interpretation re discipline provisions COMING INTO FORCE 23.2 Proceedings against former members 52 Coming into force 24 Professional conduct committee 3 ARCHITECTS, 1996 c A-25.1 CHAPTER A-25.1 An Act respecting Architects SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Architects Act, 1996. Interpretation 2 In this Act: (a) “administrative bylaw” means a bylaw made for a purpose set out in subsection 15(1); (b) “appointed councillor” means a person who is appointed as a councillor pursuant to section 9; (c) “association” means the Saskatchewan Association of Architects continued pursuant to section 3; (d) “building” means a structure that is used or intended for supporting or sheltering any use or occupancy, and includes an addition built to an existing structure and, where applicable, the land adjoining a structure; (e) “bylaws” means the valid and subsisting bylaws of the association; (f) “construction” means the doing of anything in the construction, enlargement, alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere; (g) “council” means the council of the association; (h) “councillor” means a person who is a member of council; (i) “court” means the Court of King’s Bench; (j) “design” means a plan, sketch, drawing, graphic representation or specification intended to govern the construction of a building or part of a building; (k) “elected councillor” means a member of council who is elected by the members of the association in accordance with this Act and the bylaws; (l) “executive director” means the executive director appointed pursuant to section 12; (m) “licensed architect” means any person granted a licence pursuant to this Act; (n) “member” means a member of the association who is in good standing; 4 c A-25.1 ARCHITECTS, 1996 (o) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (p) “occupancy” means the use or intended use of all or part of a building for the shelter or support of persons, animals or property; (q) “practice of architecture” or “architecture” means: (i) preparing or providing, for hire, gain or hope of reward, a design to govern the construction of a building that has as its principal purpose human habitation or occupancy; or (ii) examining a building that has as its principal purpose human habitation or occupancy to determine whether the construction is in general conformity with the design governing the construction of the building, and reporting on the construction of the building; (r) “register” means the register kept pursuant to section 18; (s) “regulatory bylaw” means a bylaw made for a purpose set out in subsection 15(2); (t) “student of architecture” means any person registered as a student of architecture pursuant to this Act and the bylaws; (u) “trade agreement” means a trade agreement mentioned in subsection 17(4). 1996, c A-25.1, s 2; 2023, c 1, s 3; 2024, c 4, s 32. ASSOCIATION Association continued 3 The Saskatchewan Association of Architects is continued as a corporation. 1996, c A-25.1, s 3. Objects 4 The objects of the association are: (a) to ensure for the public the proficiency and competency of members who practise architecture; (b) to promote and increase the knowledge, skill and proficiency in all things related to the practice of architecture. 1996, c A-25.1, s 4. Membership 5 The membership of the association consists of: (a) those persons who are members of the Saskatchewan Association of Architects on the day before this Act comes into force; and (b) those persons who are admitted as members of the association pursuant to this Act and the bylaws. 1996, c A-25.1, s 5 5 ARCHITECTS, 1996 c A-25.1 Property 6(1) The association may acquire, hold, mortgage, lease, sell or dispose of any property. (2) All fees, fines and penalties receivable or recoverable pursuant to this Act are the property of the association. (3) The association may: (a) invest its funds in investments in which trustees are authorized to invest pursuant to The Trustee Act, 2009; and (b) sell or otherwise dispose of those investments and reinvest the proceeds in similar investments. 1996, c A-25.1, s 6; 2009, c T-23.01, s 64. Meetings 7(1) An annual meeting of the association is to be held at the time and place that is determined by the council in accordance with the bylaws. (2) A special meeting of the association for the transaction of the business that is specified in the resolution or demand is to be held: (a) on resolution of the council; or (b) on the demand, in writing, of the number of members specified in the bylaws. (3) The procedure at an annual or special meeting is to be determined by bylaw. (4) The executive director shall send a notice of an annual meeting or special meeting to each member at least 10 days before the meeting. 1996, c A-25.1, s 7. COUNCIL Council 8(1) The council shall manage and regulate the affairs and business of the association. (2) The council consists of: (a) the number of elected councillors that is prescribed in the bylaws, which is not to be less than seven; and (b) the persons appointed pursuant to section 9. (3) No member is eligible to be an elected councillor unless that member resides in Saskatchewan. (4) Elected councillors are entitled to remuneration and reimbursement for expenses in the amounts prescribed in the bylaws. (5) Each elected councillor holds office for the term prescribed in the bylaws. 1996, c A-25.1, s 8. 6 c A-25.1 ARCHITECTS, 1996 Public appointees 9(1) The Lieutenant Governor in Council may appoint two persons who reside in Saskatchewan as councillors. (2) One of the appointed councillors must be a member of a faculty of The University of Regina or the University of Saskatchewan. (3) Where the Lieutenant Governor in Council appoints a person as a councillor, the term of office of that person is not to exceed three years. (4) Subject to subsection (5), an appointed councillor holds office until that person’s successor is appointed and is eligible for reappointment, but is not eligible to hold office for more than two consecutive terms. (5) An appointed councillor ceases to hold office if that person ceases to be a resident of Saskatchewan. (6) An appointed councillor may exercise rights and serve as a member of committees to the same extent as other councillors. (7) At least one appointed councillor shall be a member of the discipline committee. (8) The absence or inability to act as a member of the discipline committee by an appointed councillor or the failure to appoint councillors pursuant to this section does not impair the ability of the other members of the discipline committee to act. (9) The association shall remunerate and reimburse appointed councillors for expenses at the rate determined by bylaw. 1996, c A-25.1, s 9. Resignation 10(1) An elected councillor may resign by giving written notice of his or her resignation to the council. (2) An appointed councillor may resign by giving written notice of his or her resignation to the minister. (3) The resignation of a councillor is effective: (a) on the date stated in the written notice; or (b) if no date is stated in the written notice, on the date the written notice is received by the council or the minister, as the case may be. 1996, c A-25.1, s 10. Vacancy 11(1) When a vacancy occurs in the elected membership of the council, the remaining councillors may appoint another member to fill the vacancy until the earlier of: (a) the expiry of the term of office of the council member who ceased to be a councillor; and (b) the date on which a member is elected to fill the vacancy in accordance with this Act and the bylaws. 7 ARCHITECTS, 1996 c A-25.1 (2) A vacancy in the membership of the council does not impair the power of the remaining councillors to act. (3) If a member serving as an elected councillor is suspended from the association, the member’s powers and duties as an elected councillor are suspended for the same period. (4) If a member serving as an elected councillor is expelled from the association, the member ceases to be an elected councillor on the day the member is expelled. 1996, c A-25.1, s 11. Officers and employees 12(1) The officers of the association are to be those that are: (a) designated in the bylaws; and (b) appointed or elected in accordance with the bylaws. (2) The council shall appoint an executive director. (3) The council may engage any employees that it considers necessary to carry out the duties and functions of the association. (4) Subject to this Act and the bylaws, the council shall determine the duties, responsibilities and remuneration of employees of the association. 1996, c A-25.1, s 12. Committees 13(1) The council may establish any committees that are provided for by the bylaws or that it considers necessary. (2) The council shall appoint persons to any committees that are provided for by this Act or the bylaws or that it has established pursuant to subsection (1). (3) Subject to this Act and the bylaws, the council, on any terms or conditions that it may determine, may delegate any of its powers or duties to a committee provided for by this Act, the bylaws or established pursuant to subsection (1). (4) The council shall not delegate the power to make bylaws. (5) Subject to this Act and the bylaws, a committee may establish its own procedures. 1996, c A-25.1, s 13. BYLAWS Procedures 14(1) The council, with the approval of not less than three-quarters of the councillors, may make bylaws for any purpose set out in section 15. (2) A bylaw made by the council pursuant to subsection (1) has effect only until the next annual or special meeting of the association and, unless confirmed or varied by the members in accordance with subsection (3), ceases to have any effect after that time. 8 c A-25.1 ARCHITECTS, 1996 (3) With the approval of a two-thirds majority of those members who vote at an annual or special meeting, the association may: (a) make bylaws for any purpose set out in section 15; and (b) confirm, vary or revoke any bylaw made by the council pursuant to subsection (1). (4) The variation or revocation of a bylaw pursuant to subsection (3) does not affect the operation or application of the bylaw prior to its revocation or variation, and everything done, omitted to be done or authorized pursuant to the bylaw is valid and effective against all persons notwithstanding the revocation or variation. (5) The executive director shall forward copies of proposed bylaws to all members at least 14 days before the date of the annual or special meeting at which the bylaws are to be presented. (6) The executive director shall notify each member of each bylaw made pursuant to subsection (1) or (3), or confirmed, varied or revoked pursuant to subsection (3), within 150 days after the bylaw is made, confirmed, varied or revoked. (7) Failure to comply with subsection (6) does not invalidate a bylaw. (8) No regulatory bylaw made by the council or the association comes into force until it is: (a) approved by the minister pursuant to section 16; and (b) published in the Gazette. 1996, c A-25.1, s 14. Bylaws 15(1) Subject to this Act, administrative bylaws may be made pursuant to section 14 for the following purposes: (a) prescribing the seal of the association; (b) providing for the execution of documents by the association; (c) respecting the banking and financial dealings of the association; (d) fixing the fiscal year of the association and providing for the audit of the accounts and transactions of the association; (e) respecting the management of the property of the association; (f) prescribing the number and terms of office of elected councillors; (g) prescribing the officers of the association and governing the procedure for the appointment or election of those officers; (h) prescribing the duties of councillors, and of officers and employees of the association; (i) governing the procedures for the election of councillors; (j) prescribing the organization, powers and procedures of the council and regulating the council in the performance of its duties; (k) respecting the holding and procedures of meetings of the council and annual and special meetings of the association; 9 ARCHITECTS, 1996 c A-25.1 (l) prescribing the amount of registration, licensing and other fees payable to the association, the times of payment and the penalties for late payment; (m) providing for the receipt, management and investment of contributions, donations or bequests; (n) regulating joint participation by the association with any educational institution or any person, group, association, organization or body corporate having goals or objectives similar to those of the association; (o) establishing any committees that the council considers necessary and prescribing the manner of election or appointment of committee members. (2) Subject to this Act, regulatory bylaws may be made pursuant to section 14 for the following purposes: (a) prescribing the qualifications, standards and tests of competency for: (i) the registration of persons or any category of persons as members or students of architecture; and (ii) the issuing of licences; (b) prescribing: (i) the procedures governing registration of persons or any category of persons as members or students of architecture; (ii) the procedures governing the issuing of licences; and (iii) the terms and conditions of licences; (c) setting standards of professional conduct, competency and proficiency of members, licensed architects and students of architecture; (d) providing for a code of ethics for members, licensed architects and students of architecture; (e) setting standards regarding the manner and method of practice of members, licensed architects and students of architecture; (f) prescribing procedures for: (i) the review, investigation and disposition by the professional conduct committee of complaints alleging that a member, licensed architect or a student of architecture is guilty of professional misconduct or professional incompetence; (ii) hearings by the discipline committee of complaints alleging that a member, licensed architect or a student of architecture is guilty of professional misconduct or professional incompetence; and (iii) reviews pursuant to subsection 21(4); (g) establishing categories of membership in the association and prescribing the rights and privileges of each category; (h) prescribing the circumstances under which members and students of architecture are required to attend re-entry education programs and courses and approving programs and courses for that purpose; 10 c A-25.1 ARCHITECTS, 1996 (i) governing the approval of education programs for purposes of registration pursuant to this Act and prescribing terms and conditions for initial or continued approval of those programs; (j) setting standards for continuing education and the participation of members and students of architecture in continuing education; (k) governing the reinstatement of a member or a student of architecture who has been expelled; (l) setting requirements for maintenance of membership; (m) prescribing the design and use of the seal to be used by members and licensed architects; (n) regulating advertising by members; (o) prescribing the number of members required to demand a special meeting of the association; (p) prescribing the minimum amount of liability protection that members and students of architecture are required to obtain; (q) prescribing the form, content and maintenance of the register and the information to be provided by members and students of architecture for the purpose of the register; (r) respecting the reporting and publication of decisions and reports of the council and committees; (s) respecting the types and service of notices that may be served electronically; (t) prescribing the remuneration and reimbursement for expenses for councillors and committee members; (u) prescribing any other matters considered necessary for the better carrying out of this Act. 1996, c A-25.1, s 15. Filing of bylaws 16(1) The association shall file with the minister two copies, certified by the executive director to be true copies, of: (a) all regulatory bylaws; and (b) any amendment to a regulatory bylaw together with two certified copies of the regulatory bylaw to which the amendment relates. (2) Where the minister does not advise the association in writing within 90 days of receiving copies of the regulatory bylaw or amendment to a regulatory bylaw that the minister approves the regulatory bylaw or amendment, the regulatory bylaw or amendment is deemed not to be approved. (3) Where the minister approves a regulatory bylaw or an amendment to a regulatory bylaw, the minister shall file with the Registrar of Corporations two copies, certified by the executive director to be true copies, of the regulatory bylaw or amendment. 11 ARCHITECTS, 1996 c A-25.1 (4) Where an amendment to a regulatory bylaw is filed pursuant to sub- section (3), the minister shall file two copies, certified by the executive director to be true copies, of the regulatory bylaw with the amendment. (5) Within 30 days after administrative bylaws or amendments to administrative bylaws are made, the council shall file with the Registrar of Corporations two copies, certified by the executive director to be true copies, of all administrative bylaws and all amendments made to those bylaws. (6) Where an amendment to an administrative bylaw is filed pursuant to subsection (5), the council shall also file two copies, certified by the executive director to be true copies, of the administrative bylaw with the amendment. (7) An administrative bylaw or an amendment to an administrative bylaw that is not filed within the time required by subsection (5) is deemed to be revoked on the expiration of the 30 days mentioned in subsection (5). 1996, c A-25.1, s 16; 2010, c B-12, s 12; 2021, c 6, s 23-26. MEMBERSHIP AND REGISTRATION Admission 17(1) The council, in accordance with this Act and the bylaws, may: (a) admit persons as members; and (b) admit persons as students of architecture. (2) No corporation shall be admitted as a member. (3) The council may issue licences to practise architecture to any person or corporation that complies with the requirements set out in this Act and the bylaws. (4) The council shall, in accordance with the regulations made pursuant to subsection (5), issue a licence to practise architecture to any person or corporation that complies with the requirements set out in this Act and the bylaws if the person or corporation benefits from a commitment in a trade agreement identified in the regulations. (5) For the purposes of subsection (4), the Lieutenant Governor in Council may make regulations respecting: (a) the identification of trade agreements respecting the practice of architecture in Saskatchewan; and (b) compliance with trade agreements mentioned in clause (a). 1996, c A-25.1, s 17; 2023, c 1, s 4; 2024, c10, s 3. Register 18(1) In accordance with the bylaws, the council shall keep a register in which the name and address of every member and student of architecture is to be recorded. (2) The register is to be: (a) kept at the head office of the association; and 12 c A-25.1 ARCHITECTS, 1996 (b) open for inspection by all persons, without fee, during normal office hours of the association. (2.1) The register may be made available in any other manner acceptable to the council, including an electronic format. (3) A certificate purporting to be signed by the executive director and stating that a named person was or was not, on a specified day or during a specified period, a member, suspended member or student of architecture according to the register, or an extract from the register that is certified by the executive director, is admissible in evidence as proof, in the absence of evidence to the contrary, of its contents without proof of the executive director’s appointment or signature. 1996, c A-25.1, s 18; 2020, c 9, s 4. Registration 19 The council may register as a member, and issue a licence to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) has paid the prescribed fees; (b) has complied with the bylaws with respect to registration as a member; and (c) has complied with all the criteria in one of the following subclauses: (i) the person: (A) is a graduate from a school of architecture approved in the bylaws; (B) has worked for at least three years under the direction of a person or persons approved by council; and (C) has passed the examinations for admission as a member that are prescribed and conducted in accordance with this Act and the bylaws; (ii) the person: (A) has successfully completed a syllabus of studies approved in the bylaws while in the employ of a member; and (B) has passed the examinations for admission as a member that are prescribed and conducted in accordance with this Act and the bylaws; (iii) the person is registered as the equivalent of an architect in good standing pursuant to the legislation of another jurisdiction in Canada; (iv) the person is a member in good standing of an association, society or body of architects with which this association has a reciprocal agreement relating to the admission of persons in the respective associations, societies or bodies. 1996, c A-25.1, s 19; 2010, c 19, s 3. 20 Repealed 2010, c 19, s 3. 13 ARCHITECTS, 1996 c A-25.1 Delegation and appeal 21(1) The council may delegate to the executive director the power to do any of the following: (a) admit persons as members; (b) admit persons as students of architecture; (c) issue licences. (2) Where a power is delegated pursuant to this section, the exercise of that power by the executive director is deemed to be an exercise of the power by the council. (3) The council may impose any terms and conditions that it considers appropriate on a delegation of its powers. (4) A person who is aggrieved by a decision of the executive director made pursuant to a delegated power may apply to the council to review that decision. (5) On a review pursuant to subsection (4), the council shall hear the review and may: (a) direct the executive director to exercise the power in a manner that the council considers appropriate; or (b) confirm the executive director’s decision. (6) On a review pursuant to subsection (4), the person aggrieved by the decision of the executive director has the right to appear in person before the council in support of the application. (7) The council shall cause the applicant to be informed in writing of its decision regarding the review. 1996, c A-25.1, s 21. PROHIBITION Protection of title 22(1) No person other than a member shall use the title “Registered Architect” or “Architect”, the abbreviation “S.A.A.”, or any word, title or designation, abbreviated or otherwise, to imply that the person is a member. (2) No person other than a licensed architect shall use the title “Licensed Architect” or “Architect”, or any word, title or designation, abbreviated or otherwise to imply that the person is licensed to practise architecture in Saskatchewan. (3) No person other than a retired architect who is not a member or who does not have a licence may use the abbreviation “S.A.A. (Retired)” or “S.A.A. (Ret.)”. 1996, c A-25.1, s 22. Scope of practice 23(1) Subject to subsections (2) to (4), no person other than a member or a person that is licensed pursuant to this Act shall, directly or indirectly, for gain engage in the practice of architecture. 14 c A-25.1 ARCHITECTS, 1996 (2) Subsection (1) does not apply to a student of architecture who is employed by and engaged in the practice of architecture under the direction and control of a member or a person licensed to practise architecture in Saskatchewan. (3) Subsection (1) does not apply to a person registered as a professional engineer pursuant to The Engineering Profession Act who is practising professional engineering as defined by that Act, unless that person holds himself or herself out as an architect. (4) Subsection (1) does not apply to work done by a person with respect to: (a) any farm building as defined in The Construction Codes Act; (b) any building conforming to the scope of Part 9 of The National Building Code of Canada declared in force by The Construction Codes Act; (c) any interior design within the meaning of The Interior Designers Act or the preparation or provision of an interior design by a member of the Interior Designers Association of Saskatchewan for any internal alterations of a building that will not affect or are not likely to affect the integrity of the following elements: (i) the building structure; (ii) the fire safety system; (iii) fire separations or fire walls; (iv) the location of exits to the exterior of the building; (v) the construction or location of an exterior wall. (5) Subsection (1) does not apply to an applied science technologist or certified technician within the meaning of The Saskatchewan Applied Science Technologists and Technicians Act who is engaging in activities normally performed by an applied science technologist or certified technician, unless that person holds himself or herself out as an architect. 1996, c A-25.1, s 23; 1997, c S-6.01, s 48; 2002, c 54, s 2; 2022, c 41, s 4. DISCIPLINE Interpretation re discipline provisions 23.1 In sections 23.2 to 38, “member” includes a former member. 2010, c 20, s 4. Proceedings against former members 23.2(1) No proceedings conducted pursuant to this Act shall be commenced against a former member more than two years after the day he or she became a former member. 15 ARCHITECTS, 1996 c A-25.1 (2) For the purposes of this section, a proceeding is commenced when the professional conduct committee, pursuant to subsection 25(1), is requested by the council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence. 2010, c 20, s 4. Professional conduct committee 24(1) The professional conduct committee is established consisting of at least three persons appointed by the council. (2) No member of the discipline committee is eligible to be a member of the professional conduct committee. 1996, c A-25.1, s 24. Investigation 25(1) Where the professional conduct committee is requested by the council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence, the committee shall: (a) review the complaint; and (b) investigate the complaint by taking any steps it considers necessary, including summoning before it the member whose conduct is the subject of the complaint. (2) On completion of its investigation, the professional conduct committee shall make a written report to the discipline committee recommending: (a) that the discipline committee hear and determine the formal complaint set out in the written report; or (b) that no further action be taken with respect to the matter under investigation. (3) The formal complaint set out in a written report made pursuant to clause (2)(a) may relate to any matter disclosed in the complaint received pursuant to subsection (1) or the investigation conducted pursuant to subsection (1). (4) A report signed by a majority of the professional conduct committee is the decision of that committee. (5) The professional conduct committee shall provide, or cause the executive director to provide, a copy of a written report made pursuant to clause (2)(b) to: (a) the council; (b) the person, if any, who made the complaint mentioned in subsection (1); and (c) the member whose conduct is the subject of the complaint mentioned in subsection (1). 1996, c A-25.1, s 25. 16 c A-25.1 ARCHITECTS, 1996 Discipline committee 26(1) The discipline committee is established consisting of at least five persons appointed by the council, one of whom is to be an appointed councillor. (2) No member of the professional conduct committee is eligible to be a member of the discipline committee. (3) Subject to this Act and the bylaws, the discipline committee may make rules regulating its business and proceedings. 1996, c A-25.1, s 26. Discipline hearing 27(1) Where a report of the professional conduct committee recommends that the discipline committee hear and determine a formal complaint, the executive director shall, at least 14 days before the date the discipline committee is to sit: (a) send a copy of the formal complaint to the member whose conduct is the subject of the hearing; and (b) serve notice on the member whose conduct is the subject of the hearing of the date, time and place of the hearing. (2) The professional conduct committee shall prosecute or direct the prosecution of the complaint, but its members shall not participate in any other manner in the hearing of the complaint except as witnesses when required. (3) The discipline committee shall hear the complaint and shall determine whether or not the member is guilty of professional misconduct or professional incompetence, notwithstanding that the determination of a question of fact may be involved, and the discipline committee need not refer any question to a court for adjudication. (4) The discipline committee may accept any evidence that it considers appropriate and is not bound by rules of law concerning evidence. (5) The discipline committee may employ, at the expense of the association, any legal or other assistance that it considers necessary, and the member whose conduct is the subject of the hearing, at his or her own expense, may be represented by counsel. (6) The testimony of witnesses is to be under oath or affirmation administered by the chairperson of the discipline committee. (7) At a hearing by the discipline committee, there is to be full right: (a) to examine, cross-examine and re-examine all witnesses; and (b) to present evidence in defence and reply. (8) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member whose conduct is the subject of a hearing pursuant to this Act; (b) a member of the professional conduct committee; (c) a member of the discipline committee. 17 ARCHITECTS, 1996 c A-25.1 (9) Where a writ issued pursuant to subsection (8) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (10) Where the member whose conduct is the subject of the hearing fails to attend the hearing, the discipline committee, on proof of service of the notice mentioned in subsection (1), may proceed with the hearing in his or her absence. (11) If, during the course of a hearing, the evidence shows that the member whose conduct is the subject of the hearing may be guilty of a charge different from or in addition to any charge specified in the formal complaint, the discipline committee shall notify the member of that fact. (12) If the discipline committee proposes to amend, add to or substitute the charge in the formal complaint, the discipline committee shall adjourn the hearing for any period that the discipline committee considers sufficient to give the member an opportunity to prepare a defence to the amended formal complaint, unless the member consents to continue the hearing. (13) The person, if any, who made the complaint pursuant to section 25: (a) is to be advised orally or in writing by the executive director of the date, time and place of the hearing; and (b) subject to subsection (15), is entitled to attend the hearing. (14) Subject to subsection (15), the discipline committee shall conduct all hearings in public. (15) The discipline committee may exclude members of the public and the person who made the complaint from any part of the hearing when the committee is of the opinion that evidence brought in the presence of the person or persons to be excluded will unduly violate the privacy of a person other than the member whose conduct is the subject of the hearing. 1996, c A-25.1, s 27. Disciplinary powers 28(1) Where the discipline committee finds a member guilty of professional misconduct or professional incompetence, it may make one or more of the following orders: (a) an order that the member be expelled from the association and that the member’s name be struck from the register; (b) an order that the member be suspended from the association for a specified period; (c) an order that the member be suspended pending the satisfaction and completion of any conditions specified in the order; 18 c A-25.1 ARCHITECTS, 1996 (d) an order that the member may continue to practise only under conditions specified in the order, which may include, but are not restricted to, an order that the member: (i) not do specified types of work; (ii) successfully complete specified classes or courses of instruction; (iii) obtain medical treatment, counselling or both; (e) an order reprimanding the member; (f) any other order that the discipline committee considers just. (2) In addition to any order made pursuant to subsection (1), the discipline committee may order: (a) that the member pay to the association, within a fixed period: (i) a fine in a specified amount not exceeding $10,000; and (ii) the costs of the investigation and hearing into the member’s conduct and related costs, including the expenses of the professional conduct committee and the discipline committee and costs of legal services and witnesses; and (b) where a member fails to make payment in accordance with an order pursuant to clause (a), that the member be suspended from the association. (3) The executive director shall send a copy of an order made pursuant to this section to the member whose conduct is the subject of the order and to the person, if any, who made the complaint. (4) Where a member is expelled or suspended, the executive director shall strike the name of the member from the register or indicate the suspension on the register, as the case may be. 1996, c A-25.1, s 28. Professional incompetence 29 Professional incompetence is a question of fact, but the display by a member of: (a) a lack of knowledge, skill or judgment; or (b) a disregard for the welfare of members of the public served by the profession; of a nature or to an extent that demonstrates that the member is unfit to continue in the practice of the profession is professional incompetence within the meaning of this Act. 1996, c A-25.1, s 29. 19 ARCHITECTS, 1996 c A-25.1 Professional misconduct 30 Professional misconduct is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, is professional misconduct within the meaning of this Act if: (a) it is harmful to the best interests of the public or the members; (b) it tends to harm the standing of the profession; (c) it is a breach of this Act or the bylaws; or (d) it is a failure to comply with an order of the professional conduct committee, the discipline committee or the council. 1996, c A-25.1, s 30. Criminal conviction 31 The discipline committee may, by order, expel a member from the association where: (a) the member has been convicted of an indictable offence pursuant to the Criminal Code; (b) a report of the professional conduct committee is made to the discipline committee respecting the conviction mentioned in clause (a); (c) the discipline committee has given the member mentioned in clause (a) an opportunity to be heard; and (d) the discipline committee finds that the conduct of the member giving rise to the conviction makes the member unfit to continue to be a member. 1996, c A-25.1, s 31. Duty to report 32 Where the professional conduct committee in its investigation pursuant to section 25 or the discipline committee at the conclusion of its hearing pursuant to section 27 believes that the member whose conduct is the subject of the investigation or hearing may be guilty of a criminal offence, the committee may immediately discontinue its investigation or hearing, as the case may be, and shall make a report of its findings to: (a) the president of the association; and (b) the Deputy Minister of Justice. 1996, c A-25.1, s 32. Suspension 33 A judge of the court, on the application of the council, may direct that a member be suspended pending the disposition of a criminal charge where: (a) a criminal charge is laid against the member; and (b) the member has applied to the court for a stay of any disciplinary proceedings against the member. 1996, c A-25.1, s 33. 20 c A-25.1 ARCHITECTS, 1996 Review by court 34(1) A member may appeal the decision or any order of the discipline committee to a judge of the court by serving the executive director with a notice of appeal and filing the notice with the local registrar within 30 days of the decision or order where: (a) the member has been found guilty of professional misconduct or professional incompetence by the discipline committee; or (b) the member has been expelled pursuant to section 31. (2) An appellant shall set out the grounds of appeal in a notice of appeal mentioned in subsection (1). (3) On receipt of a notice of appeal, the executive director shall file with the local registrar a true copy of: (a) the formal complaint and notice served pursuant to section 27 or the report of the professional conduct committee pursuant to section 31; (b) the transcript of the evidence presented to the discipline committee; and (c) the decision and order of the discipline committee. (4) The appellant or the appellant’s solicitor or agent may obtain from the executive director a copy of the documents filed pursuant to subsection (3) on payment of the costs of producing them. (5) On hearing an appeal, the judge may do any of the following: (a) dismiss the appeal; (b) quash the finding of guilt; (c) direct a new hearing or further inquiries by the discipline committee; (d) vary the order of the discipline committee; or (e) substitute its own decision for the decision appealed from. (6) The judge may make any order as to costs that he or she considers appropriate. 1996, c A-25.1, s 34. Effect of appeal 35 The commencement of an appeal pursuant to section 34 does not stay the effect of the decision or order appealed from, but on five days’ notice to the executive director, the appellant may apply to the court for a stay of the decision or order pending the disposition of the appeal. 1996, c A-25.1, s 35. Effect of expulsion 36 When a member is expelled or suspended from the association pursuant to this Act, that member’s rights and privileges as a member are removed for the period during which he or she is expelled or suspended. 1996, c A-25.1, s 36. 21 ARCHITECTS, 1996 c A-25.1 Reinstatement 37(1) A person who has been expelled as a member may apply to the council for reinstatement. (2) Subject to the bylaws, on receipt of an application pursuant to subsection (1), the council shall: (a) review the application; and (b) investigate the application by taking any steps it considers necessary. (3) On completion of its investigation, the council may: (a) where it is satisfied that the person’s subsequent conduct and any other facts warrant reinstatement, order that the person be reinstated as a member on any terms and conditions that the council considers appropriate; or (b) by order, refuse to reinstate the person. (4) Where, on an application pursuant to subsection (1), the council refuses to reinstate the person as a member, the person, within 30 days after the date of the order, may appeal the order of the council to a judge of the court, and the judge may allow or disallow the appeal. (5) On an appeal pursuant to subsection (4), the judge shall consider: (a) the proceedings before the council on the application for reinstatement; (b) the past record of the appellant as shown by the books and records of the association; and (c) the evidence taken before the council and any committee that dealt with the expulsion and application for reinstatement and the report of that committee. (6) A person whose application for reinstatement is refused or whose appeal of a refusal is dismissed may make another application for reinstatement, based on new information, at any time. 1996, c A-25.1, s 37. Licensed architects and students of architecture subject to discipline 38 Sections 23.1 to 37 and 42 apply, with any necessary modification, to licensed architects and students of architecture. 1996, c A-25.1, s 38; 2010, c 20, s 5. GENERAL Immunity 39 No action lies or shall be instituted against: (a) councillors; (b) the professional conduct committee; (c) the discipline committee; 22 c A-25.1 ARCHITECTS, 1996 (d) any member of any committee; or (e) any officer, employee or agent; of the association for any loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of them pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the bylaws or in the carrying out or supposed carrying out of any decision or order made pursuant to this Act or the bylaws or any duty imposed by this Act or the bylaws. 1996, c A-25.1, s 39. Offence and penalty 40 Every person who contravenes any provision of section 22 or 23 is guilty of an offence and liable on summary conviction to a fine of: (a) for a first offence, not more than $5,000; (b) for a second offence, not more than $10,000; and (c) for each subsequent offence, not more than $15,000, to imprisonment for a term of not more than six months or to both that fine and imprisonment. 1996, c A-25.1, s 40. Limitation of prosecution 41 No prosecution for a contravention of section 22 or 23 is to be commenced: (a) after the expiration of 24 months from the date of the alleged offence; and (b) without the consent of the Minister of Justice or the council. 1996, c A-25.1, s 41. Report of termination of employment 42 Any employer who terminates for cause the employment of a member shall report the termination to the association where the employer reasonably believes the cause is professional incompetence or professional misconduct. 1996, c A-25.1, s 42. Review by Legislative Assembly 43(1) One copy of every bylaw and amendment filed with the Registrar of Corporations pursuant to section 16 is to be laid before the Legislative Assembly by the minister responsible for the administration of The Business Corporations Act, 2021 in accordance with section 13 of The Executive Government Administration Act. (2) Where any bylaw or amendment laid before the Legislative Assembly is found by the Assembly to be beyond the powers delegated by the Legislature or in any way prejudicial to the public interest, that bylaw or amendment ceases to have any effect and is deemed to have been revoked. 1996, c A-25.1, s 43; 2010, c B-12, s 12; 2014, c E-13.1, s 62; 2021, c 6, s 23-26. 23 ARCHITECTS, 1996 c A-25.1 Record of revocation and notification 44(1) Where it appears from any Votes and Proceedings of the Legislative Assembly that any bylaw or amendment has ceased to have effect, the Clerk of the Legislative Assembly shall immediately: (a) forward two copies of the Votes and Proceedings to the Registrar of Corporations; and (b) advise him or her that the copies are forwarded pursuant to this subsection. (2) On receipt of the copies mentioned in subsection (1), the Registrar of Corporations shall immediately: (a) file one of the copies with the bylaw or amendment to which it relates; (b) forward the other copy to the association; and (c) advise the association that the copy is forwarded pursuant to this subsection. 1996, c A-25.1, s 44; 2010, c B-12, s 12; 2021, c 6, s 23-26. Annual register 45 On or before February 1 in each year, the association shall file with the Registrar of Corporations a list, certified by the executive director to be a true list, showing: (a) the names of all members and students of architecture as at December 31 in the preceding year; (b) the addresses of the members and students of architecture mentioned in clause (a) as shown by the records of the association; and (c) the respective dates of admission of the members and students of architecture mentioned in clause (a). 1996, c A-25.1, s 45; 2010, c B-12, s 12; 2021, c 6, s 23-26. Annual report 46 The association shall file an annual report with the minister in the form, with the contents and in the time prescribed by the minister. 1996, c A-25.1, s 46. Compliance 47 Every member and every student of architecture shall comply with this Act and the bylaws. 1996, c A-25.1, s 47. Service of notices, etc. 48(1) Unless otherwise provided for in this Act or the bylaws, any notice or other document that is required to be served pursuant to this Act may be served by: (a) personal service made: (i) in the case of an individual, on that individual; 24 c A-25.1 ARCHITECTS, 1996 (ii) in the case of a partnership, on any partner; or (iii) in the case of a corporation, on any officer or director; or (b) registered mail addressed to the last business or residential address of the person to be served known to the executive director. (2) A notice or document sent by registered mail is deemed to have been served on the seventh day following the date of its mailing, unless the person to whom it was mailed establishes that, through no fault of that person, the person did not receive the notice or document or received it at a later date. 1996, c A-25.1, s 48. REPEAL RSS 1978, c A-25 repealed 49 The Architects Act is repealed. 1996, c A-25.1, s 49.

TRANSITIONAL Transitional – bylaws 50 Except to the extent that the bylaws may be inconsistent with this Act, the bylaws in effect on the day before the coming into force of section 1 of this Act continue as the bylaws of the association. 1996, c A-25.1, s 50. Transitional – council 51 A person who is on the council of the Saskatchewan Association of Architects on the day before section 1 of this Act comes into force continues as a councillor until the earlier of: (a) the date councillors are elected or appointed pursuant to this Act; or (b) the date the person dies, resigns or otherwise ceases to be a councillor. 1996, c A-25.1, s 51. COMING INTO FORCE Coming into force 52 This Act comes into force on proclamation. 1996, c A-25.1, s 52. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024