1994 Legislative Session: 3rd Session, 35th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 19th day of May, 1994
Ian D. Izard, Law Clerk.


HONOURABLE DAN MILLER
MINISTER OF SKILLS,
TRAINING AND LABOUR

BILL 2 -- 1994

ARCHITECTS AMENDMENT ACT, 1994

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Architects Act, R.S.B.C. 1979, c. 19, is amended by adding the following definitions:

"disciplinary committee" means a disciplinary committee established under section 44 or 45 to conduct an inquiry;

"professional engineer" means a person registered under the Engineers and Geoscientists Act as a professional engineer; .

2 Section 6 is repealed and the following substituted:

Members of council

6 (1) The council consists of 15 council members.

(2) The Lieutenant Governor in Council must appoint 4 persons who are not members of the institute to be members of the council holding office at pleasure.

(3) The Director of the School of Architecture of The University of British Columbia, or a full time member of the faculty of that school nominated by that Director, is one of the council members.

(4) Ten council members must be elected by and from among the members of the institute.

3 Section 7 is amended by striking out "eligibile" and substituting "eligible".

4 Section 23 is amended

(a) in subsection (1) by striking out "licensees, associates and students" wherever it appears and substituting "licensees and associates",

(b) in subsection (1) (c) by striking out ", and as a student",

(c) by repealing subsection (1) (d),

(d) by repealing subsection (1) (i) and substituting the following:

(i) the requirement that members, architectural firms and licensees maintain insurance to provide indemnity against professional liability claims, including the establishment of classes of members, architectural firms and licensees for this purpose and allowing the council to exempt a member, architectural firm or licensee, or a class of any of them, from an insurance requirement;

(i.1) the institute acting as agent for members, architectural firms and licensees to obtain insurance, including the insurance described in paragraph (i); ,

(e) in subsection (1) by adding ", and" at the end of paragraph (q) (ii) and by adding the following paragraph:

(r) the minimum percentage of each class of voting shares that must be owned by architects to satisfy section 24.1 (2.1) (c). , and

(f) in subsection (2) by striking out "licensees, associates or students" and substituting "licensees or associates".

5 Section 24.1 (2) is repealed and the following substituted:

(2) Subject to subsection (2.1), the council may permit the registration of a corporation under subsection (1), but only if

(a) the corporation is incorporated under the Company Act, or is registered under Part 10 of that Act, and is in good standing under that Act,

(b) the majority of each class of voting shares of the corporation is legally and beneficially owned by architects,

(c) the majority of the directors of the corporation are architects,

(d) the chief executive officer of the corporation is an architect, and

(e) all the persons who will be practising architecture on behalf of the corporation are architects or are under the direct supervision of an architect who is a continuing employee or shareholder of the corporation.

(2.1) The council may permit the registration under subsection (1) of a corporation that will practise the profession of architecture together with carrying on the practice of professional engineering as defined in section 1 of the Engineers and Geoscientists Act, but only if

(a) the corporation holds a current certificate of authorization issued under the Engineers and Geoscientists Act,

(b) the corporation is incorporated under the Company Act, or is registered under Part 10 of that Act, and is in good standing under that Act,

(c) the majority of each class of voting shares of the corporation is legally and beneficially owned by architects and professional engineers and any bylaws under section 23 (1) (r) of this Act, are met,

(d) architects and professional engineers constitute the majority of the directors of the corporation,

(e) the chief executive officer of the corporation is an architect or professional engineer, and

(f) all the persons who will be practising architecture on behalf of the corporation are architects or are under the direct supervision of an architect who is a continuing employee or shareholder of the corporation.

6 Section 25.1 is repealed and the following substituted:

Voting agreements prohibited

25.1 (1) A shareholder of an architectural corporation described by section 24.1 (2) must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not an architect the authority to exercise the voting rights attached to any or all of the shares if the exercise of those voting rights could result in persons who are not architects holding the majority voting control of the architectural corporation.

(2) A shareholder of an architectural corporation described by section 24.1 (2.1) must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not an architect or professional engineer the authority to exercise the voting rights attached to any or all of the shares if the result is that the architectural corporation ceases to meet the applicable qualifications for registration under section 24.1 (2) or (2.1).

7 Section 29 is amended

(a) in subsection (1) (a) and (c) by striking out "within 5 years",

(b) by repealing subsection (1) (d), and

(c) in subsection (2) by striking out "and (d)".

8 Sections 35 to 39 are repealed.

9 Section 41 is amended by striking out "for 50," and substituting "on payment of a fee set by the council,".

10 Section 43 is amended by striking out "indictable" wherever it appears.

11 Section 44 is repealed and the following substituted:

Inquiry

44 (1) The council may order an inquiry by a disciplinary committee into a complaint against a member, architectural firm or licensee or into the conduct, capability or fitness to practise of a member, architectural firm or licensee.

(2) Subject to section 45, a disciplinary committee consists of 3 or more council members selected by the council for the purposes of the inquiry.

12 Section 45 is amended by striking out "inquiry committee" and substituting "disciplinary committee" wherever it appears.

13 Section 46 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A notice of the inquiry, the time and place of the hearing of the disciplinary committee and the subject matter of the inquiry must be delivered to the complainant and the member, architectural firm or licensee that is the subject of the inquiry at least 2 weeks before the commencement of the hearing. ,

(b) in subsection (3) by striking out "make its report without further notice to him." and substituting "make its decision without further notice.", and

(c) by repealing subsection (4) and substituting the following:

(4) The evidence given at an inquiry hearing must be taken down and transcribed.

14 Section 47 is amended by striking out "inquiry committee" wherever it appears and substituting "disciplinary committee".

15 Section 48 is repealed and the following substituted:

Orders

48 (1) At the conclusion of an inquiry ordered under section 44 the disciplinary committee may make one or more orders under subsection (2) if it considers that a member, architectural firm or licensee

(a) has been unprofessional,

(b) has contravened this Act or a bylaw,

(c) has been negligent or guilty of misconduct in the execution of a duty of office,

(d) is incompetent or unfit to practise architecture or is incapable of practising architecture, or

(e) is an architectural corporation that has ceased to meet the applicable qualifications for registration under section 24.1 (2) or (2.1), or may dismiss the complaint if it considers that paragraphs (a) to (e) of this subsection do not apply in the circumstances.

(2) The orders that may be made respecting a member, architectural firm or licensee are as follows:

(a) reprimand of the member, architectural firm or licensee or a member who is an officer, partner, shareholder or employee of the architectural firm;

(b) imposition of conditions on the certificate of practice of the member, architectural firm or licensee;

(c) suspension of the member, architectural firm or licensee from practice for a specified period of time;

(d) removal of the name of the member, architectural firm or licensee from the register;

(e) cancellation of the licence of the licensee or certificate of practice of the member, architectural firm or licensee;

(f) imposition of a fine on the member, architectural firm or licensee, payable to the institute and not exceeding $10 000.

(3) If the certificate of practice of an architectural corporation is cancelled under this section, the registrar must inform the Registrar of Companies of this action.

(4) In making an order under subsection (2), the disciplinary committee may include a further provision that the order not take effect if the member, architectural firm or licensee complies with the conditions specified in the order.

(5) If a condition specified under subsection (4) is not met within the time specified in the order, the order under subsection (2) to which the condition applies takes effect without further notice or hearing.

Costs of disciplinary proceedings

48.1 (1) The disciplinary committee may direct that the costs of the disciplinary committee incurred in holding the inquiry, including fees paid on behalf of the disciplinary committee to lawyers and witnesses, are payable to the institute by the member, architectural firm or licensee against whom the complaint was made, in the amount and within the time specified by the disciplinary committee.

(2) The disciplinary committee may direct that the inquiry costs of the member, architectural firm or licensee against whom the complaint was made, including fees paid on behalf of the member, architectural firm or licensee to lawyers and witnesses, are payable by the institute to the member, architectural firm or licensee against whom the complaint was made, in the amount and within the time specified by the disciplinary committee.

(3) The disciplinary committee may make a direction under subsection (1) or (2) without determining the amount payable.

(4) If a direction is made under subsection (1) or (2) without determining the amount payable, the institute or the member, architectural firm or licensee in whose favour an order of costs was made may apply to a taxation officer of the Supreme Court to determine the amount, and the order of the taxation officer determining the amount payable is enforceable as if it were an order of the court.

(5) If a member, architectural firm or licensee does not pay costs as required under subsection (1) or (4) within the time specified for their payment, the disciplinary committee may, without giving notice or holding a hearing, suspend the member, architectural firm or licensee from practice until the costs are paid.

16 Sections 50 to 52 are repealed and the following substituted:

Reinstatement

50 (1) If the disciplinary committee removes the name of a person or other entry from the register, the name or entry may only be restored on the direction of the disciplinary committee or by order of the Supreme Court or Court of Appeal.

(2) A direction under subsection (1) may include a provision that a fee fixed by the council under a bylaw made under section 23 be dispensed with or be paid as a condition of the restoration.

Civil liability

51 (1) No action for damages lies or may be brought against the council, a disciplinary committee, the registration board or the members, officers or employees of the institute or any of these bodies because of anything done or omitted in good faith

(a) in the performance or purported performance of any duty under this Act or the bylaws, or

(b) in the exercise or purported exercise of any power under this Act or the bylaws.

(2) Subsection (1) does not absolve the institute from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

Appeal

52 (1) If a disciplinary committee makes an order under section 48 (2) or dismisses the complaint, the member, architectural firm or licensee that has been disciplined, or the person whose complaint was heard by the disciplinary committee, may appeal the order or dismissal to the Supreme Court within 30 days of the date of the order or dismissal.

(2) An appeal under this section must be an originating application commenced by filing a petition in any registry of the Supreme Court.

(3) The petition commencing an appeal under this section must be served

(a) on the institute, effected by service on the registrar, within 14 days of its filing in the court registry,

(b) on the member, architectural firm or licensee referred to in subsection (1), if the appellant was the complainant, and

(c) on the complainant, if the complainant gave oral evidence at the disciplinary committee hearing.

(4) The persons required to be served under subsection (3) may be parties to an appeal under subsection (1) and the institute is entitled to full party status in the appeal.

(5) On the hearing of an appeal under this section, the court may

(a) confirm, vary or reverse the order,

(b) refer the matter back to the disciplinary committee for reconsideration, with or without directions, or

(c) make any other order it considers appropriate in the circumstances.

(6) A decision of the Supreme Court on an appeal under subsection (1) may be appealed to the Court of Appeal if leave to appeal is granted by a justice of the Court of Appeal.

17 Section 53 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The Rules of Court, other than Rule 49, apply to an appeal under section 52. , and

(b) in subsection (2) by striking out "the inquiry committee or council" and substituting "the disciplinary committee" and by striking out "finding, report, decision" wherever it appears and substituting "order".

18 Section 55 is repealed and the following substituted:

Inquiry into the conduct of associates

55 (1) A disciplinary committee may inquire into the conduct of an associate and, based on the inquiry, it may cancel the associate's admission as an associate if it considers the associate's conduct detrimental to the interests of the institute or contrary to this Act or the bylaws.

(2) The provisions of this Act respecting an inquiry commenced under section 44 apply to an inquiry under this section.

19 Section 57 (a) is amended by striking out "persons" and substituting "the use or occupancy of persons".

20 Section 58 (a) is amended by striking out "Engineers Act" and substituting "Engineers and Geoscientists Act".

21 Section 62 (c) is amended by striking out "or student".

22 Section 63.1 (2) is amended by striking out "$10 000" and substituting "$25 000".

23 Sections 66 and 67 are repealed and the following substituted:

Registration board

66 (1) After each annual election to council, the council must appoint a registration board consisting of

(a) the Director of the School of Architecture of The University of British Columbia or a full time member of the faculty of that school nominated by that Director,

(b) a member of the council who is a member of the institute, and

(c) 4 or more members of the institute who are actively engaged in the practice of architecture.

(2) The members of the registration board hold office until their successors are appointed.

Duties of the registration board

67 Subject to this Act and the approval of the council, the registration board must

(a) set examinations for the purposes of this Act,

(b) hold, supervise and mark the examinations,

(c) report to the council the result of the examinations for each candidate,

(d) consider and report to council on the qualifications of an applicant for admission as a member of the institute or as an associate, and

(e) perform other duties referred to it by the council.

24 Section 69 is amended

(a) in subsections (1) and (2) by striking out "licensee, associate or student" and substituting "licensee or associate", and

(b) by repealing subsection (3) and substituting the following:

(3) Fees are payable to the institute.

25 Section 70 (1) is amended by striking out "licensee, associate or student" and substituting "licensee or associate".

26 Sections 73 and 74 are repealed and the following substituted:

Default by associate

73 The council may direct that an associate who fails to pay the annual fee on or before February 1 ceases to be an associate.

Seal

74 (1) An architect must apply a seal, with signature and date, to letters of assurance, certificates, drawings and specifications prepared by or under the architect's supervision, direction or control if the architect practises architecture

(a) as a member of the institute holding a current certificate of practice,

(b) as a sole proprietor or partner of an architectural firm, or

(c) on behalf of an architectural corporation as a continuing employee or shareholder of the corporation.

(2) An architect may have a seal which must

(a) be obtained from the institute,

(b) leave an impression of the name of the architect and the words "Registered Architect, British Columbia", and

(c) be used only in the manner and circumstances described in subsection (1).

(3) If an architect ceases to be a member, the architect must promptly return the seal to the institute.

(4) If an architect who ceased to be a member again becomes a member, the institute must return the seal to the architect.

Commencement

27 This Act comes into force by regulation of the Lieutenant Governor in Council.


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