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Architects Act

R.R.O. 1990, REGULATION 27

GENERAL

Consolidation Period: From January 1, 2018 to the e-Laws currency date.

Last amendment: 389/17.

Legislative History: 91/93, 379/94, 380/95, 253/96, 430/97, 287/99, 205/02, 365/02, 44/05, 144/05, 258/05, 259/05, 490/07, 337/08, 150/11, 386/15, 389/17.

This is the English version of a bilingual regulation.

1.In this Regulation,

“address of record”, in relation to a member of the Association, means the last address of the member recorded in the register maintained by the Registrar; (“adresse figurant au tableau”)

“building code” means the building code made under the Building Code Act, 1992; (“code du bâtiment”)

“certificate of academic qualifications” means a certificate as to academic qualifications issued by a national or regional architectural certification body in Canada that is recognized by the Council; (“certificat de formation”)

“design-builder” means a person who is in the business of constructing, enlarging or altering buildings and who engages or retains a holder to provide architectural services in connection with a project for the constructing, enlarging or altering of a building; (“concepteur-constructeur”)

“election day” means the day set out in subsection 3 (1); (“jour du scrutin”)

“holder” means a holder of a certificate of practice, a certificate of practice issued under section 23 of the Act or a temporary licence; (“titulaire”)

“limited competition” means an architectural competition, other than an open competition, in which an invitation to compete is extended to two or more holders; (“concours restreint”)

“open competition” means an architectural competition in which an invitation to compete is extended to all members of the Association; (“concours ouvert à tous”)

“owner” means a person, including the Crown in right of Ontario or of Canada, who has an estate or interest recognized by law in land or a building with respect to which architectural services are provided; (“propriétaire”)

“seal” means a seal issued by the Registrar. (“sceau”) R.R.O. 1990, Reg. 27, s.1; O.Reg. 144/05, s.1; O.Reg. 490/07, s.1; O. Reg. 389/17, s. 1.

2.(1)The following electoral districts are established:

1.Eastern Ontario, composed of the counties of Frontenac, Hastings, Lanark, Lennox and Addington, and Renfrew, the County of Prince Edward, the united counties of Leeds and Grenville, Prescott and Russell, and Stormont, Dundas and Glengarry, and the City of Ottawa.

2.Central Ontario, composed of the counties of Dufferin, Haliburton, Northumberland, Peterborough and Simcoe, the City of Kawartha Lakes, The Regional Municipalities of Durham, Peel and York, The Regional Municipality of Halton excluding the City of Burlington, and the Territorial District of Muskoka.

3.Northern Ontario, composed of the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, RainyRiver, Sudbury, Thunder Bay and Timiskaming.

4.Western Ontario, composed of the City of Hamilton, HaldimandCounty, NorfolkCounty, the City of Burlington, The Regional Municipalities of Niagara and Waterloo, the counties of Bruce, Elgin, Essex, Grey, Huron, Lambton, Middlesex, Perth and Wellington, the County of Brant, the County of Oxford, and the Municipality of Chatham-Kent.

5.City of Toronto.

6.Province of Ontario. O.Reg. 205/02, s.1.

(2)Sixteen members shall be elected to the Council under clause 3 (2) (a) of the Act, as follows:

1.For the Eastern Ontario electoral district, two members.

2.For the Central Ontario electoral district, two members.

3.For the Northern Ontario electoral district, one member.

4.For the Western Ontario electoral district, two members.

5.For the City of Toronto electoral district, four members.

6.For the Province of Ontario electoral district, five members. O. Reg. 389/17, s. 2.

(3)For the purposes of subsection (2), one of the members for the Province of Ontario electoral district must hold a licence as a Licensed Technologist OAA; the remaining 15 elected members must not. O. Reg. 389/17, s. 2.

(4), (5)Revoked: O. Reg. 389/17, s. 2.

3.(1)There shall be an election of members to the Council on the fourth Monday of November in each year for the succeeding year. R.R.O. 1990, Reg. 27, s.3(1).

(2)When an election of members to the Council is not held at the prescribed time, the members of the Council then in office are continued in office until their successors are elected or appointed. R.R.O. 1990, Reg. 27, s.3(2).

(3)The term of office of members elected to the Council commences on the 1st day of January immediately following the date of their election. R.R.O. 1990, Reg. 27, s.3(3).

(4)The term of office of every member of the Council is three years. R.R.O. 1990, Reg. 27, s.3(4).

(5)No person is eligible to hold office as a member of the Council for more than three terms in succession. O. Reg. 389/17, s. 3.

4.(1)A member of the Association is eligible for election to the Council if the member,

(a)is a Canadian Citizen resident in Ontario;

(b)has an address of record within the electoral district for which the member is nominated; and

(c)is a member in good standing in the Association. R.R.O. 1990, Reg. 27, s.4(1); O. Reg. 389/17, s. 4.

(2)A member is in good standing in the Association for the purpose of subsection (1) where,

(a)the member is not in default of payment of any fee prescribed by the by-laws, or any fee, levy, or costs imposed under the Act or the regulations;

(b)the member’s professional conduct or competence is not the subject of proceedings before the Discipline Committee; and

(c)the member’s licence is not under suspension. R.R.O. 1990, Reg. 27, s.4(2).

5.The Registrar has the supervision and direction of every election and the Registrar shall decide all matters incidental thereto, including the eligibility of a member of the Association to vote and any dispute that may arise during the course of the election. R.R.O. 1990, Reg. 27, s.5.

6.(1)The nomination of candidates for election to the Council must,

(a)be in the nomination form prescribed by the Registrar, which shall be delivered to each member in an electoral district in which an election is to be held on or before the first Monday in October in each election year;

(b)include indications of support by at least three members, each of whom has an address of record within the electoral district for which the nominated member is eligible for election;

(c)in the case of a candidate nominated for the Province of Ontario electoral district, include an indication of interest supported by three other members; and

(d)be delivered to, or received by, the Registrar on or before the fourth Monday in October in each election year. O. Reg. 389/17, s. 5 (1).

(2)A candidate must indicate his or her consent on the nomination form. O. Reg. 389/17, s. 5 (1).

(3)No member of the Association may be nominated for election in more than one electoral district. R.R.O. 1990, Reg. 27, s.6(3); O. Reg. 389/17, s. 5 (2).

7.Where the number of candidates for election to the Council nominated in an electoral district is the same as the number of members to be elected to the Council from the electoral district, the Registrar shall certify that the candidate or candidates are elected by acclamation. R.R.O. 1990, Reg. 27, s.7; O. Reg. 389/17, s. 6.

8.(1)Except in electoral districts where candidates have been certified as elected by acclamation, the Registrar shall, on or before the second Monday of November, deliver to every member qualified to vote in the election a ballot in the form prescribed by the Registrar together with voting instructions. O. Reg. 389/17, s. 7 (1).

(2)The form and content of the ballot and the voting instructions shall be as the Registrar considers will best ensure and preserve the anonymity of the voters and the secrecy of their votes. R.R.O. 1990, Reg. 27, s.8(2); O. Reg. 389/17, s. 7 (2).

(3)Every member of the Association who is qualified to vote at an election may cast one vote for each member to be elected to the Council,

(a)in the electoral district within which he or she has an address of record; and

(b)in the Province of Ontario electoral district. R.R.O. 1990, Reg. 27, s.8(3); O. Reg. 389/17, s. 7 (3, 4).

(4)Each ballot shall be marked by the member voting in accordance with the voting instructions, and delivered to the Registrarso that it is received on or before the election day. O. Reg. 389/17, s. 7 (5).

9.The Registrar shall, on or before each election day, appoint two members of the Association who shall act as scrutineers of the election. R.R.O. 1990, Reg. 27, s.9.

10.(1)Not later than three days following each election day, the ballots shall be reviewed by the Registrar in the presence of the scrutineers and such staff as the Registrar may authorize. R.R.O. 1990, Reg. 27, s.10(1); O. Reg. 389/17, s. 8 (1).

(2)The scrutineers shall, count the votes cast for each candidate and record the number of votes cast and the number of spoiled ballots for each electoral district in a record provided by the Registrar. R.R.O. 1990, Reg. 27, s.10(2); O. Reg. 389/17, s. 8 (2).

(3)In the case of an equality of votes between two or more candidates in an electoral district, the scrutineers shall determine, by lot, the member or members elected to the Council. R.R.O. 1990, Reg. 27, s.10(3).

(4)Upon completion of the count, the scrutineers shall complete an election return in the form prescribed by the Registrar for each electoral district showing the number of votes cast for each candidate, as well as the number of spoiled ballots and shall file the election returns with the Registrar. R.R.O. 1990, Reg. 27, s.10(4); O. Reg. 389/17, s. 8 (3).

11.Upon receipt of the election returns, the Registrar shall certify the member or members who have received the largest number of votes in each electoral district as having been elected to the Council and shall forthwith notify each candidate and subsequently all members of the Association, of the election results. R.R.O. 1990, Reg. 27, s.11; O. Reg. 389/17, s. 9.

12.(1)The Registrar shall cause the election returns to be destroyed twenty-one days after the candidates are notified of the results of the election, unless a recount has been requested in the meantime in accordance with subsection (2). R.R.O. 1990, Reg. 27, s.12(1); O. Reg. 389/17, s. 10 (1).

(2)A candidate may require a recount by delivering to the Registrar a request in writing and a $500 deposit within twenty days after receiving from the Registrar notice of the results of the election. R.R.O. 1990, Reg. 27, s.12(2); O. Reg. 389/17, s. 10 (2).

(3)The Registrar shall conduct the recount within thirty days after the date of delivery of the request and deposit. R.R.O. 1990, Reg. 27, s.12(3).

(4)If the recount changes the result of the election, the amount of the deposit shall be returned to the candidate who paid it. R.R.O. 1990, Reg. 27, s.12(4).

(5)The recount shall be presided over by the Registrar who shall,

(a)set the date for the recount;

(b)give notice in writing at least fifteen days before the date set for the recount to all candidates in the electoral district for which the recount has been requested that a recount is to be held;

(c)notify the candidates that they or their agents are entitled to be present to examine all ballots and to satisfy themselves that all ballots have been properly marked and counted;

(d)make the decision to accept or reject a ballot;

(e)certify the member or members who have received the largest number of votes in each electoral district as having been elected as a member or members of the Council; and

(f)where two or more candidates receive an equal number of votes, determine, in the presence of the candidates or their agents, by lot, the member or members elected to the Council. R.R.O. 1990, Reg. 27, s.12(5); O. Reg. 389/17, s. 10 (3).

13.If the delivery of ballots during an election is interrupted, the Registrar may extend the time for the holding of the election and may, in addition thereto, extend the time for the doing of any act in connection with the election, for such period as the Registrar considers reasonable in the circumstances. R.R.O. 1990, Reg. 27, s.13; O. Reg. 389/17, s. 11.

14.Elections to fill vacancies on the Council when no quorum of the Council remains in office shall be conducted with necessary modifications in accordance with the provisions of this Regulation that apply to general elections. R.R.O. 1990, Reg. 27, s.14.

15.(1)A member of the Council is disqualified from sitting on the Council when the member,

(a)is, by reason of incapacity, unable to act as a member of the Council;

(b)has been found guilty of professional misconduct or incompetence;

(c)fails to attend three consecutive regular meetings of the Council without cause;

(d)ceases to be eligible for election to the Council;

(e)ceases to have an address of record within the electoral district for which the member was elected;

(f)ceases to be a member in good standing in the Association; or

(g)fails to perform the duties of a member of the Council that are prescribed by the by-laws. R.R.O. 1990, Reg. 27, s.15(1); O. Reg. 389/17, s. 12.

(2)A member who is disqualified from sitting on the Council is deemed to be removed from the Council. R.R.O. 1990, Reg. 27, s.15(2).

(3)A member of Council whose conduct is the subject of a proceeding before the Discipline Committee is disqualified from sitting on the Council pending the decision or order of the Discipline Committee. R.R.O. 1990, Reg. 27, s.15(3).

16.(1)At a meeting of the Council, the members of the Council shall elect by ballot from among the elected members a president, a vice-president and treasurer and two or more vice-presidents. R.R.O. 1990, Reg. 27, s.16(1).

(1.1)Where only one candidate is nominated for the office of president, the office of vice-president and treasurer or for each office of vice-president, the Registrar shall certify the candidate as elected by acclamation. O. Reg. 287/99, s.1.

(2)Every vacancy caused by the death, resignation, removal or incapacity to act of an officer, shall be filled by the holding of a by-election which shall take place at the next meeting of Council immediately following the act which resulted in the vacancy. R.R.O. 1990, Reg. 27, s.16(2).

(3)The election or by-election shall be supervised and directed by the Registrar who shall prescribe the forms for nominations and ballots, conduct the poll, certify the result of the election and decide all matters incidental thereto and any dispute that may arise during the course of the election. R.R.O. 1990, Reg. 27, s.16(3).

(4)Council shall appoint two persons who shall act as scrutineers for the election. R.R.O. 1990, Reg. 27, s.16(4).

(5)The scrutineers shall examine the ballots and count the votes cast for each officer to be elected and report the results of the election to the Registrar. R.R.O. 1990, Reg. 27, s.16(5).

(6)The Council by by-law shall fix the term of office of the president, the vice president and treasurer and the vice-presidents and the commencement of the term of office but the term of office shall not exceed eighteen months. R.R.O. 1990, Reg. 27, s.16(6).

(7)No person is eligible to hold office as president for more than two terms in succession. R.R.O. 1990, Reg. 27, s.16(7).

(8)An officer elected at a by-election shall hold office for the unexpired portion of the term of the officer whose office he or she is elected to fill. R.R.O. 1990, Reg. 27, s.16(8).

17.(1)The Executive Committee is continued. R.R.O. 1990, Reg.27, s.17(1).

(2)The Executive Committee shall be composed of the president, who shall chair it, the vice-president and treasurer, the vice-presidents and, if so elected by ballot by the elected members of the Council, the immediate past president of the Council. O.Reg. 253/96, s.1.

(3)A majority of the members of the Executive Committee constitutes a quorum. R.R.O. 1990, Reg. 27, s.17(3).

18.(1)The Academic Requirements Committee is continued. R.R.O. 1990, Reg. 27, s.18(1).

(2)The Academic Requirements Committee shall be composed of,

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

(b)at least one member of the Association who is not a member of the Council and who is appointed at pleasure to the Committee by the Council; and

(c)one representative of every university or college in Ontario that is, by law, authorized to grant degrees in architecture and maintains a faculty, school or department of architecture, appointed at pleasure by the Council on the recommendation of the university or college, but the representative must be a member of the Association employed on a full-time basis in the faculty, school or department of the university or college that recommends the representative. R.R.O. 1990, Reg. 27, s.18(2).

(3)Three members of the Academic Requirements Committee, of whom two are elected members of the Council, constitute a quorum. R.R.O. 1990, Reg. 27, s.18(3).

(4)A determination of the Academic Requirements Committee made in a meeting of the Committee requires the vote of a majority of the members of the Committee who are present at the meeting, including those members who are deemed to be present at a meeting under paragraph 7 of subsection 8 (1) of the Act. O.Reg. 287/99, s.2.

(5)The Council shall appoint one member of the Academic Requirements Committee to be the chair of the Committee. R.R.O. 1990, Reg. 27, s.18(5).

(6)The chair or, in the absence of the chair, a member of the Academic Requirements Committee designated by the chair shall preside at all meetings of the Committee. R.R.O. 1990, Reg. 27, s.18(6).

19.(1)The Experience Requirements Committee is continued. R.R.O. 1990, Reg. 27, s.19(1).

(2)The Experience Requirements Committee shall be composed of,

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

(b)at least three members of the Association who are not members of the Council and who are appointed at pleasure to the Committee by the Council. R.R.O. 1990, Reg. 27, s.19(2).

(3)A majority of the members of the Experience Requirements Committee constitutes a quorum. R.R.O. 1990, Reg. 27, s.19(3).

(4)A determination of the Experience Requirements Committee made in a meeting of the Committee requires the vote of a majority of the members of the Committee who are present at the meeting, including those members who are deemed to be present at a meeting under paragraph 7 of subsection 8 (1) of the Act. O. Reg. 287/99, s.3.

(5)The Council shall appoint one member of the Experience Requirements Committee to be the chair of the Committee. R.R.O. 1990, Reg. 27, s.19(5).

(6)The chair or, in the absence of the chair, a member of the Experience Requirements Committee designated by the chair shall preside at all meetings of the Committee. R.R.O. 1990, Reg. 27, s.19(6).

20.(1)The Registration Committee is continued. R.R.O. 1990, Reg. 27, s.20(1).

(2)The Registration Committee shall be composed of,

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

(b)at least two members of the Association who are not members of the Council and who are appointed at pleasure to the Committee by the Council. R.R.O. 1990, Reg. 27, s.20(2).

(3)Three members of the Registration Committee, one of whom is an elected member of the Council, constitute a quorum. R.R.O. 1990, Reg. 27, s.20(3).

(4)A determination of the Registration Committee made in a meeting or a hearing of the Committee requires the vote of a majority of the members of the Committee who are present at the meeting, including those members who are deemed to be present at a meeting under paragraph 7 of subsection 8 (1) of the Act. O. Reg. 287/99, s.4.

(5)The Council shall appoint one member of the Registration Committee, who is an elected member of the Council, to be the chair of the Committee. R.R.O. 1990, Reg. 27, s.20(5).

(6)The chair or, in the absence of the chair, a member of the Registration Committee designated by the chair shall preside at all meetings and hearings of the Committee. R.R.O. 1990, Reg. 27, s.20(6).

21.(1)The Complaints Committee is continued. R.R.O. 1990, Reg. 27, s.21.

(2)A determination of the Complaints Committee made in a meeting of the Committee requires the vote of a majority of the members of the Committee who are present at the meeting, including those members who are deemed to be present at a meeting under paragraph 7 of subsection 8 (1) of the Act. O. Reg. 287/99, s.5.