1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
MINISTER OF ADVANCED EDUCATION,
TRAINING AND TECHNOLOGY
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
(a) by repealing the definition of "architect" and substituting the following:
"architect" or "member" means an individual who is a member of The Architectural Institute of British Columbia; , and
(b) by adding the following definitions:
"architectural corporation" means a corporation for which a certificate of practice has been issued;
"certificate of practice" means a certificate of practice issued under section 24.2 and includes a renewal of a certificate of practice;
"licensee" means a person licensed under section 31;
"register" means the register of The Architectural Institute of British Columbia referred to in section 26;
"registrar" means the registrar appointed under section 19.
2 Section 23 is amended
(a) by renumbering the section as section 23 (1),
(b) by striking out "and" at the end of paragraph (h) and by repealing paragraphs (e) and (k) and substituting the following:
(e) the fixing by the council of fees or fines payable to the institute and, in the case of fees payable on registration or being licensed, designating, if the council considers it advisable, different classes of applicants;
(k) the fixing by the council of fees or levies for professional liability insurance, including establishing classes of registrants, and allowing the council to exempt a registrant or class of registrant from payment of all or part of the fees or levies; ,
(c) by adding the following paragraphs:
(m) the registering of architectural firms, including establishing the terms and conditions under which a firm is entitled to be registered and establishing different classes of firms;
(n) appropriate inclusions and exclusions in the name of an architectural firm and the approvals that must be obtained before such a name is chosen;
(o) the disposition of shares of a member of an architectural firm if the member ceases to be a member, is suspended from practice, is removed from the register or dies;
(p) the kinds of activities which may be undertaken by an architectural firm;
(q) the issue and renewal of certificates of practice, including
(i) fixing fees by the council for the obtaining of a certificate of practice or a renewal of a certificate of practice, and
(ii) establishing different classes of certificates of practice. , and
(d) by adding the following subsection:
(2) The bylaws, fees and levies under subsection (1) may be different for different classes of members, architectural firms, licensees, associates or students.
3 Sections 24 to 26 are repealed and the following substituted:
24 (1) The registrar must file with the minister a certified copy of each bylaw made under this Act within 7 days of its making.
(2) A bylaw comes into force 45 days after it is filed under subsection (1) unless the Lieutenant Governor in Council disallows the bylaw within this 45 day period.
24.1 (1) The council may permit the registration of a sole proprietorship, partnership or corporation as an architectural firm.
(2) The council may not permit the registration of a corporation under subsection (1) unless the council is satisfied that
(a) the corporation is incorporated under the Company Act and is in good standing under that Act,
(b) the majority of the voting shares and of the non voting shares of the corporation are 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 of 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.
(3) The council may refuse to register a corporation under subsection (1) if
(a) the corporation has previously had its certificate of practice or registration cancelled, or
(b) a shareholder of the corporation was a shareholder of a corporation that previously had its certificate of practice or registration cancelled.
24.2 (1) The council may issue a certificate of practice to an architectural firm, member or licensee.
(2) A person must not practise or offer to practise the profession of architecture unless the person
(a) is a holder of a current certificate of practice, or
(b) practises as authorized by this Act through an architectural firm that is a holder of a current certificate of practice.
24.3 A corporation that has words as part of its name to indicate that it practises architecture must not carry on any business unless it holds a valid certificate of practice.
25 Subject to this Act and the bylaws, an architectural corporation may practise or offer to practise the profession of architecture through one or more persons each of whom is
(a) an architect, or
(b) an employee of the architectural corporation under the direct supervision of an architect who is a continuing employee or a shareholder of the architectural corporation.
25.1 A shareholder of an architectural corporation 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 in good standing 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.
25.2 (1) The liability for professional negligence of an architect carrying on the practice of architecture is not affected by the fact that the architect is carrying on that practice as an employee on behalf of an architectural corporation.
(2) The relationship of an architect to an architectural corporation, whether as a shareholder, director, officer or employee of the corporation, does not affect, modify or diminish the application to the architect of the provisions of this Act and the bylaws made under it.
(3) Nothing in this Act affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships between an architect and a person receiving the professional services of the architect.
(4) The relationship between an architectural corporation carrying on business as permitted under this Act and a person receiving architectural services provided by the architectural corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between an architect and the architect's client.
25.3 All shareholders, directors, officers and employees of an architectural firm may be
(a) compelled to give evidence at a proceeding under this Act, or
(b) required to produce all files and records that are in their possession or power and that are relevant to matters raised in a proceeding under this Act.
26 (1) The registrar must keep the register of The Architectural Institute of British Columbia in which must be entered, on application or on direction of the council, the name, the residence or business address and other particulars directed by the council respecting
(a) each person registered under section 29, 30, 32 or 33,
(b) each architectural firm registered under section 24.1, and
(c) each member, architectural firm or licensee holding a current certificate of practice.
(2) A person whose name is entered in the register is registered unless the registration is cancelled or the person is suspended from practice.
4 Section 40 is repealed and the following substituted:
40 (1) The registrar may prepare a certificate under the seal of the institute specifying that
(a) a person or an architectural firm is registered or is not registered, or
(b) a person or an architectural firm currently holds or does not hold a certificate of practice.
(2) A certificate prepared under subsection (1) is evidence in any court or before any tribunal that
(a) the fact specified as described in subsection (1) is true,
(b) the signature on the certificate is the signature of the registrar, and
(c) the seal on the certificate is the seal of the institute.
5 Section 43 is amended by striking out "the name of a member who" and substituting "the name of an architectural firm which or member who".
6 The following section is added:
43.1 Sections 44 to 54 apply to an architectural firm as though it were an architect.
7 Section 48 (2) is repealed and the following substituted:
(2) On the report from an inquiry committee, the council may reprimand or censure a member, licensee or architectural firm or suspend, for a period the council specifies, or cancel the certificate of practice, licence or registration of a member, licensee or architectural firm if the member, licensee or architectural firm, in the opinion of the council,
(a) has been unprofessional,
(b) has failed to observe a bylaw of the institute,
(c) has been negligent or guilty of misconduct in the execution of a duty of office,
(d) is unfit to practise or incapable of practising architecture, or
(e) in the case of an architectural corporation, has ceased to meet the qualifications for registration under section 24.1 (2).
(2.1) The council may, rather than cancelling the registration or the certificate of practice of an architectural firm under subsection (2),
(a) reprimand or censure a member who is an employee, officer, partner or shareholder of the architectural firm, or
(b) impose a fine on the architectural firm in an amount not exceeding $10 000.
(2.2) If the certificate of practice of an architectural corporation is cancelled under this section, the council must inform the Registrar of Companies of this action.
8 Section 49 is repealed and the following substituted:
49 If a member, architectural firm or licensee is suspended from practice, then during the period of suspension, the member, firm or licensee shall be deemed
(a) to be removed from the register,
(b) not to be a member of the institute, and
(c) not to be the holder of a current certificate of practice,
as applicable.
9 Section 56 is repealed.
10 Section 58 is amended by striking out "Section 56 does not prevent" and substituting "Section 24.2 (2) does not prevent".
11 Section 59 is amended by striking out "section 56." and substituting "section 24.2 (2)."
12 Section 61 is repealed and the following substituted:
61 (1) Subject to this Act, a person not registered as a member or as an architectural firm must not use or be held out under the title "architect" or any similar title or description or use, and must not advertise or be held out under any name, title, addition or description implying, or likely to lead the public to infer, that a registration under this Act applies.
(2) A person or architectural firm that does not hold a certificate of practice must not be held out or implied to hold a certificate of practice.
(3) A person not licensed under this Act must not be held out or implied to be licensed under this Act.
13 Section 62 is amended by adding the following paragraph:
(a.1) a certificate of practice, .
14 Section 63 (1) is amended by striking out "No member of the institute or licensee shall" and substituting "A member, architectural firm or licensee must not".
15 Sections 63.1 (1) and (2) and 65 are amended by striking out "56," and substituting "24.2 (2), 24.3,".
16 Section 69 is amended
(a) in subsection (1) by striking out "institute," and substituting "institute, architectural firm," and by striking out "examination," and substituting "examination or a certificate of practice,", and
(b) in subsection (2) by striking out "firm of architects," and substituting "architectural firm,".
17 Section 70 (2) is repealed and the following substituted:
(2) If a member, architectural firm or licensee has not paid the annual fee within 30 days of the making of a demand for payment by the registrar by registered letter addressed to the address appearing in the register for that person or firm,
(a) that person or firm must be suspended from practice, and
(b) the registrar must cancel that person's or firm's certificate of practice and remove that person's or firm's name from the register or cancel that person's or firm's licence.
18 Section 80 is repealed and the following substituted:
80 A person must not employ, retain or engage the services of a person to practise the profession of architecture if that person is not authorized under this Act to so practise.
19 Section 18 (1.5) of the Company Act, R.S.B.C. 1979, c. 59, is repealed and the following substituted:
(1.5) If the registrar is informed by the proper officer of a self governing professional society, institute, college or association that a corporation permitted to practise the profession has had that permission revoked by the society, institute, college or association, the registrar must order the corporation to change its name to one that
(a) does not imply the corporation is authorized to practise the profession, and
(b) is in all other respects acceptable to the registrar.
20 This Act comes into force by regulation of the Lieutenant Governor in Council.
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