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Architects Regulations
made under Section 11 of the
Architects Act
S.N.S. 2006, c. 12
O.I.C. 2008-500 (effective September 23, 2008), N.S. Reg. 399/2008
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definition
Part 1: Membership and Licensing
Registrar and Board of Registration
Classes of membership
Student member
Intern architect
Retired architect
Associate member
Honorary membership
Professional liability insurance
Licensed architect
Temporary licence
Designated architectural registration boards
Designated architectural certification boards
Appointment and functions of Licensing Appeal Committee
Procedure for appeal to Licensing Appeal Committee
Disposition by Licensing Appeal Committee
Part 2: Seals
Design of seal
Use of seal in electronic format
Electronic facsimile of seal for photocopies
Registrar to procure and distribute seals
Part 3: Partnerships and Corporations
Partnerships
Corporations
Corporate permit application
Corporate permit register
Corporate permit term and renewal
Shareholder member’s death, incompetency, ceasing to hold licence or suspension
Temporary corporate permit
Temporary corporate permit term and renewal
Suspension, revocation or refusal to renew corporate permit or temporary corporate permit
Permit displayed at premises
Registrar notified of changes to corporation
Records of corporate permit holder
Notice to and from corporate permit holder or temporary corporate permit holder
Part 4: Complaints and Discipline
Appointment and operation of Complaints Committee
Withdrawal of complaint
Complaint Committee procedures
Complaints Committee jurisdiction
Disclosure of information by Complaints Committee
Appointment and operation of Discipline Committee
Notice of hearing
Amendment to notice of hearing
Deemed service of documents
Attendance at Discipline Committee hearing
Order preventing disclosure of Discipline Committee hearing matters
Discipline Committee hearing procedures
Failure to attend
Evidence
Application for reinstatement
Citation
1 These regulations may be cited as the Architects Regulations.
Definition
2 In these regulations, “Act” means the Architects Act.
Part 1: Membership and Licensing
Registrar and Board of Registration
3 (1) The Registrar must perform duties as determined by the Council.
(2) The Board of Registration must consist of the Registrar and at least 4 members of
the Association.
(3) The Council must appoint a member of the Board to act as chairperson of the
Board.
(4) The Council may appoint members to the Board to fill any vacancies that may
occur.
(5) A member of the Board holds office until the expiration of the term of their
appointment, as set out in the by-laws.
(6) The Board must meet at times and places as decided by the Board.
(7) The Board of Registration must do all of the following:
(a) examine all applications and the qualifications of all applicants for
membership;
(b) examine and interview applicants in the manner and to the extent that the
Board considers necessary;
(c) recommend to Council, with appropriate explanation, the admission or
rejection of an application for membership;
(d) perform any other services specified in the Act or these regulations, or that
the Council requires.
Classes of membership
4 (1) In addition to the licensed architect class of membership established by Section 12
of the Act, each of the following is established as a class of membership:
(a) student member;
(b) intern architect;
(c) retired architect;
(d) associate member;
(e) honorary member.
(2) A separate roster must be maintained for each class of membership.
Student member
5 (1) In addition to meeting the requirements of Sections 14 and 15 of the Act, to be
entitled to membership as a student member an individual must be enrolled in or
have graduated from an educational program accredited by a designated
architectural certification board.
(2) Except as otherwise provided in these regulations, a student member may serve on
committees.
(3) A student member may attend but must not vote at meetings of the Association.
(4) An individual who is a student member retains their student membership until the
earliest of the following occurrences:
(a) the Council strikes the individual’s name from the register under Section
18 of the Act for non-payment of fees;
(b) the individual resigns from the Association under clause 17(b) of the Act;
(c) the individual becomes an intern architect;
(d) the end of 10 years from the date the individual was first admitted as a
student member, or a longer period as determined by Council;
(e) the individual no longer meets the requirements for membership as a
student member.
Intern architect
6 (1) In addition to meeting the requirements of Sections 14 and 15 of the Act, to be
entitled to membership as an intern architect an individual must
(a) have educational qualifications certified by a designated architectural
certification board; and
(b) be enrolled in an intern architect program approved by Council.
(2) Except as otherwise provided in these regulations, an intern architect may serve
on committees.
(3) An intern architect may attend but must not vote at meetings of the Association.
(4) An individual who is an intern architect retains their intern architect membership
until the earliest of the following occurrences:
(a) the Council strikes the individual’s name from the register under Section
18 of the Act for non-payment of fees;
(b) the individual resigns from the Association under clause 17(b) of the Act;
(c) the individual obtains a licence as a licensed architect;
(d) except as provided in subsection (5), the end of 10 years from the date the
individual was first admitted as an intern architect, or a longer period as
determined by Council;
(e) the individual no longer meets the requirements for membership as an
intern architect.
(5) An individual who holds a membership as an intern architect on the coming into
force of the Act is entitled to apply to continue to be an intern architect for a
period of 10 years following the coming into force of the Act, if the individual
(a) meets the requirements for membership as an intern architect; and
(b) has not yet obtained a licence as a licensed architect.
(6) An intern architect is entitled to use the title “Intern Architect”.
Retired architect
7 (1) In addition to meeting the requirements of Sections 14 and 15 of the Act, to be
entitled to membership as a retired architect an individual must
(a) have held a licence as a licensed architect or the equivalent from another
jurisdiction recognized by the Council;
(b) if applicable, return their licensed architect’s seal and licence to the Board;
and
(c) have been in good standing with the licensing body from which the
individual held a licence at the time of retirement.
(2) A retired architect may attend but must not vote at meetings of the Association.
(3) A retired architect is entitled to use the title “Retired Architect”.
Associate member
8 (1) In addition to meeting the requirements of Sections 14 and 15 of the Act, to be
entitled to membership as an associate member an individual must
(a) immediately before their initial application for associate membership, have
held a licence as a licensed architect and been in good standing with the
Association;
(b) return their licensed architect’s seal and previous licence to the Board; and
(c) meet either of the following criteria, or any other criteria approved by the
Board:
(i) be licensed in another jurisdiction recognized by the Council,
(ii) be enrolled in and attending an educational program approved by
the Board.
(2) An associate member may attend but must not vote at meetings of the
Association.
Honorary membership
9 (1) A person may be granted honorary membership in the circumstances set out in the
by-laws for that purpose.
(2) An honorary member may attend but must not vote at meetings of the
Association, unless the honorary member also holds a membership that entitles
the honorary member to vote.
Professional liability insurance
10 (1) Except for a person exempted by subsection (2), the amount of professional
liability insurance coverage required by clause 19(2)(a) of the Act for a licensed
architect, corporate permit holder or temporary licensee is prescribed as at least
$250 000 per claim, with aggregate coverage of at least $500 000.
(2) A person who is a licensed architect, corporate permit holder or temporary
licensee is exempt from the requirement to hold professional liability insurance if
any of the following apply:
(a) the person does not practise architecture in the Province;
(b) the person practises architecture exclusively as an employee of a licensed
architect or a corporate permit holder who has the required insurance
coverage and the insurance covers the person’s practice;
(c) the person works exclusively for the Province and is appointed or
remunerated in accordance with the Public Service Act;
(d) the person works exclusively for an agency
(i) to which the Province appoints the majority of the members,
(ii) whose staff is by law appointed or remunerated in accordance with
the Public Service Act,
(iii) whose capital forms part of the public domain, or
(iv) that is a statutory appointment of the Province;
(e) the person works exclusively for the Public Service of Canada as defined
in the Public Service Staff Relations Act (Canada), for the Canadian Forces
within the meaning of section 14 of the National Defence Act (Canada) or
for a Crown corporation within the meaning of the Financial
Administration Act (Canada);
(f) the person works exclusively for a municipal corporation, a regional
county municipality or a school board, and the employer stands surety for
the person, agrees to take up the person[’s] defence and accepts financial
responsibility for the consequences of any error or omission committed by
the person in practising architecture.
Licensed architect
11 In addition to the information, documents and fee required by clauses 19(1)(a) to (g) of
the Act for an applicant for a licence and by clauses 26(a) to (f) of the Act for an applicant
for a renewal of a licence, an applicant applying for a licence or renewal of a licence must
give all of the following to the Board:
(a) if the applicant holds or held a licence in another jurisdiction, a certificate
of standing from each of the other jurisdictions in which the applicant
holds or held a licence, establishing whether there are any disciplinary
findings against the applicant that may preclude or restrict the applicant’s
practice in the Province, and establishing whether there are any
outstanding complaints against the applicant in the other jurisdictions;
(b) evidence that the applicant has completed the professional development
activities required by Council;
(c) evidence that satisfies the Board that the applicant remains current and
competent in the practice of architecture.
Temporary licence
12 (1) A temporary licence may be issued to an applicant who
(a) pays the fee approved by Council;
(b) applies in a form determined by the Board;
(c) gives evidence satisfactory to the Board that the applicant intends to
practise architecture on a temporary or a project-specific basis;
(d) gives evidence satisfactory to the Board that the applicant
(i) is licensed in good standing in another jurisdiction recognized by
Council, or
(ii) satisfies the Board that the objects of the Act would be met for a
time-limited purpose to allow the applicant to temporarily practise
architecture;
(e) holds professional liability insurance as required by subsection 19(2) of
the Act and subsection 10(1), unless exempted by subsection 10(2);
(f) gives evidence satisfactory to the Board that the person has a professional
business relationship, by either direct agreement or through separate
agreements with their mutual client, with a collaborating architect who is a
licensed architect and who is not exempted by subsection 10(2) from the
requirement to hold professional liability insurance.
(2) A temporary licence is valid for the calendar year in which it is issued, or a shorter
period determined by the Council at the time the temporary licence is issued.
(3) A temporary licence may be renewed on or before the expiry date by the
submission of a completed temporary licence application to the Registrar on the
form approved by the Registrar, together with the following:
(a) the renewal fee approved by Council;
(b) any information that the Registrar requires to establish that the person
continues to meet the requirements of subsection (1).
(4) A temporary licence authorizes the holder to practise architecture subject to any
conditions or restrictions noted on the temporary licence.
Designated architectural registration boards
13 For the purposes of the Act and these regulations, the National Council of Architectural
Registration Boards is a designated architectural registration board.
Designated architectural certification boards
14 For the purposes of the Act and these regulations, the Canadian Architectural
Certification Board is a designated architectural certification board.
Appointment and functions of Licensing Appeal Committee
15 (1) Council must appoint a Licensing Appeal Committee consisting of 1 non-member
and 2 licensed architects.
(2) The Council must appoint the chair of the Licensing Appeal Committee.
(3) A majority of the Licensing Appeal Committee constitutes a quorum.
(4) The Licensing Appeal Committee must perform the functions specified in
Sections 16 and 17.
Procedure for appeal to Licensing Appeal Committee
16 (1) If an application for a licence or a corporate permit has been refused, the Board
must give the applicant written reasons for the decision to refuse and the applicant
may, by written notice, appeal the decision to the Licensing Appeal Committee no
later than 30 days after the date the applicant receives the written reasons.
(2) On receipt of written notice of an appeal, the Licensing Appeal Committee must
do all of the following:
(a) set a date for a hearing of the appeal, which must be no later than 60 days
after the date the Committee receives the written notice of appeal;
(b) serve written notice of the date, time and place for the hearing of the
appeal on the appellant and the Board;
(c) advise the appellant of their right to
(i) be represented by legal counsel, or another representative at the
expense of the appellant;
(ii) disclosure of any information to be given to the Committee; and
(iii) a reasonable opportunity to present a response and make
submissions.
(3) The parties to an appeal before the Licensing Appeal Committee are the
Association and the appellant.
(4) Except as provided in subsection (5), evidence is not admissible before the
Licensing Appeal Committee unless, at least 10 days before the appeal, the
opposing party has been given
(a) in the case of written or documentary evidence, an opportunity to examine
the evidence;
(b) in the case of evidence of an expert, a copy of the expert’s written report
or, if there is no written report, a written summary of the evidence; and
(c) in the case of evidence of any other witness, the identity of the witness.
(5) The Licensing Appeal Committee, in its discretion, may allow the introduction of
evidence that is otherwise inadmissible under subsection (4) and may make
directions it considers necessary to ensure that a party is not prejudiced.
(6) In a proceeding before the Licensing Appeal Committee, the parties have the right
to
(a) the opportunity to present evidence and make submissions, including the right to cross-examine witnesses; and
(b) receive written reasons for a decision within a reasonable time.
(7) At a hearing before the Licensing Appeal Committee, all material relied on by the
Board in making the decision that is the subject of the appeal must be given to the
Committee and to the appellant.
(8) In addition to the material given to the Licensing Appeal Committee under
subsection (7), either party may present additional evidence to the Committee and
call witnesses.
(9) The testimony of witnesses at a hearing before the Licensing Appeal Committee
must be taken under oath or affirmation.
Disposition by Licensing Appeal Committee
17 (1) The Licensing Appeal Committee, in accordance with the evidence it receives
when hearing an appeal, may make any determination that in its opinion ought to
have been made by the Board.
(2) The Licensing Appeal Committee must give its decision in writing and send to the
parties a copy of the written decision by registered mail or personal service.
(3) A decision of the Licensing Appeal Committee is final.
Part 2: Seals
Design of seal
18 The seal required by Section 32 of the Act for a licensed architect must bear the name of
the licensed architect and the words “Licensed Architect, Nova Scotia Association of
Architects”, or any other words prescribed in the by-laws.
Use of seal in electronic format
19 The Council may authorize the use of a seal in an electronic format prescribed in the by-laws.
Electronic facsimile of seal for photocopies
20 A licensed architect may use an electronic facsimile of their seal, as prescribed by the by-laws, to show the seal on photocopies.
Registrar to procure and distribute seals
21 The Registrar must procure and distribute all seals and keep a complete record of their
distribution.
Part 3: Partnerships and Corporations
Partnerships
22 (1) A person must not enter into partnership to practise architecture with any person
who is not a licensed architect, unless the other person is a person authorized to
practise or to apply engineering under the Engineering Profession Act, or a person
referred to in subsection (2).
(2) A person who is not a licensed architect but who, on February 1, 1968, was a
member of a partnership engaged in the practice of architecture and duly
registered under the Partnerships and Business Names Registration Act may
continue to be a partner in that partnership until the dissolution of the partnership,
or may enter into partnership with any of the licensed architects with whom they
may become associated, but the person is not entitled to practise architecture
unless that person holds a licence or is acting under the responsible control of a
licensed architect.
(3) The Council must issue a corporate permit to a partnership engaged in the practice
of architecture that meets all of the following criteria:
(a) all of the requirements of subsection (1) and (2);
(b) the partnership has paid the fee approved by Council;
(c) the partnership has applied for a corporate permit and met the criteria set
out in Section 24.
(4) Any person who practises architecture on behalf of a partnership must be a
licensed architect.
Corporations
23 (1) The Council must issue a corporate permit to a corporate entity engaged in the
practice of architecture that meets all of the following criteria:
(a) the corporate entity has paid the fee approved by Council;
(b) except as provided in subsection (2), the majority of the issued voting
shares of the corporate entity, representing voting control of the corporate
entity, are beneficially owned by 1 or more licensed architects;
(c) a majority of the directors and officers of the corporate entity are licensed
architects;
(d) any person who practises architecture on behalf of the corporate entity is a
licensed architect;
(e) the corporate entity has applied for a corporate permit and met the criteria
set out in Section 24.
(2) Issued voting shares of a corporate entity may be legally and beneficially owned
by another corporate entity, if
(a) all of the issued voting shares of the other corporate entity are legally and
beneficially owned by one or more licensed architects, or a by a trust of
which each of the trustees and beneficiaries is a licensed architect; and
(b) the majority of the officers and directors are licensed architects.
(3) The Board may impose conditions or restrictions on a corporate permit.
Corporate permit application
24 A partnership or corporate entity that is applying for a corporate permit must submit a
completed permit application to the Registrar on the form approved by the Council,
together with all of the following:
(a) the fee approved by Council;
(b) any information that the Board requires to establish that
(i) the partnership or corporate entity is in good standing,
(ii) the objects of the Act will be met by the issuing of the corporate
permit,
(iii) the name of the partnership or corporate entity and any business
name or names used by it are fit and proper names for a partnership
or corporate entity engaged in the practice of architecture,
(iv) the partnership or corporate entity meets the requirements of
Section 22 or 23, as applicable,
(v) each person who will practise architecture for and on behalf of the
partnership or corporate entity is a licensed architect who has
professional liability insurance coverage as required by subsection
19(2) of the Act and subsection 10(2).
Corporate permit register
25 The Registrar must maintain a register of corporate permits, showing the name and
business address and all of the following information for each corporate permit holder:
(a) a list of the partners, or directors and officers, as applicable;
(b) the names of the partners, directors and officers, as applicable, who are
licensed architects;
(c) the names of the persons who practise architecture for and on behalf of the
corporate permit holder;
(d) any conditions or restrictions imposed on the corporate permit;
(e) any additional information the Board determines.
Corporate permit term and renewal
26 (1) A corporate permit is valid for the calendar year in which it is issued.
(2) A corporate permit may be renewed on or before its expiry date by the submission
to the Registrar of a completed corporate permit application on the form approved
by the Registrar, together with all of the following:
(a) the fee approved by Council;
(b) any information that the Registrar requires to establish that the partnership
or corporate entity continues to meet the requirements of Sections 22, 23
and 24, as applicable.
Shareholder member’s death, incompetency, ceasing to hold licence or suspension
27 If a member dies, becomes incompetent, ceases to hold a current licence or is suspended
at any time while the member holds shares in a corporate entity holding a corporate
permit, the corporate entity is authorized to continue to engage in the practice of
architecture for a period of no longer than 1 year, unless otherwise determined by
Council.
Temporary corporate permit
28 (1) The Council must issue a temporary corporate permit to a partnership or corporate
entity that holds the equivalent of a corporate permit in another jurisdiction and
that
(a) pays the fee approved by Council;
(b) is licensed in good standing as a partnership or corporate entity in the other
jurisdiction; and
(c) gives evidence satisfactory to the Board of all of the following:
(i) that it intends to engage in the practice of architecture in the Province on a project-specific basis,
(ii) that the objects of the Act will be met through the issuing of the
temporary corporate permit,
(iii) that it has a professional business relationship, by either direct
agreement or through separate agreements with their mutual client,
with a collaborating architect who is a licensed architect and who
is not exempted by subsection 10(2) from the requirement to hold
professional liability insurance,
(iv) that each person who will practise architecture for and on behalf of
the partnership or corporate entity is a licensed architect and has
liability insurance coverage as required by subsection 19(2) of the
Act and subsection 10(2).
(2) The Board may impose conditions or restrictions on the temporary corporate
permit.
Temporary corporate permit term and renewal
29 (1) A temporary corporate permit is valid for the calendar year in which it is issued,
or any shorter term that the Board determines.
(2) A temporary corporate permit may be renewed on or before its expiry date by the
submission to the Registrar of a completed temporary corporate permit application
on the form approved by the Council, together with all of the following:
(a) the fee approved by Council;
(b) any information that the Board requires to establish that the partnership or
corporate entity continues to meet the requirements of Section 28.
Suspension, revocation or refusal to renew corporate permit or temporary corporate
permit
30 If it appears to the Board that a partnership or corporate entity that holds a corporate
permit or a temporary corporate permit fails to meet any of the requirements of these
regulations, the Board must
(a) notify the partnership or corporate entity in writing of the specific
requirement that the partnership or corporate entity fails to meet; and
(b) suspend, revoke or refuse to renew the corporate permit or temporary
corporate permit.
Permit displayed at premises
31 A partnership or corporate entity must display its current corporate permit or temporary
corporate permit, or a copy of it, in a conspicuous place at its premises at all times.
Registrar notified of changes to corporation
32 No later than 15 days after the date of the change, a partnership or corporate entity must
notify the Registrar in writing of any change to any of the following:
(a) its partners;
(b) its voting shareholders;
(c) its officers;
(d) its directors;
(e) persons who practise architecture for and on behalf of the partnership or
corporate entity.
Records of corporate permit holder
33 A partnership or corporate entity that holds a corporate permit or a temporary corporate
permit must, in accordance with generally accepted accounting principles and business
standards,
(a) have financial statements prepared at the end of each fiscal year;
(b) maintain current financial records; and
(c) maintain records about its employees.
Notice to and from corporate permit holder or temporary corporate permit holder
34 (1) A notice required to be given to a partnership or corporate entity under the Act or
these regulations may be sent by pre-paid registered mail to the address recorded
on the register of corporate permits and is deemed to have been received on the
3rd day after the date the notice is sent.
(2) Notice of any act or thing that is required to be given to the Registrar or the
Council by a partnership or corporate entity under the Act or these regulations
must be in writing and sent by pre-paid registered mail, and is deemed to have
been received on the 3rd day after the date the notice is sent.
Part 4: Complaints and Discipline
Appointment and operation of Complaints Committee
35 (1) The Council must appoint a Complaints Committee consisting of any number of
members and non-members that the Council determines.
(2) Council must appoint a chair and vice-chair of the Complaints Committee.
(3) The Vice-chair must act as chair in the absence of the Chair.
(4) Whenever for any reason neither the Chair nor the Vice-chair is available for the
purpose of subsection (5), (6) or (7), the Council may, for that purpose, appoint a
member of the Complaints Committee as chair of the Committee.
(5) The Chair of the Complaints Committee must appoint a panel of 3 persons from
the Committee, one of whom must be a non-member, to act as the Complaints
Committee for the purposes of the complaint process.
(6) The Chair of the Complaints Committee may sit on the panel and must act as the
chair of the panel in this event.
(7) If the Chair of the Complaints Committee is not appointed to the panel, the Chair
must appoint another chair for the panel.
(8) 3 [Three] persons constitute a quorum of the Complaints Committee.
(9) Failure of 1 or more Complaints Committee members to receive any notice of a
meeting does not invalidate the proceedings at the meeting, and nothing precludes
the members from waiving notice of meetings.
(10) Each Complaints Committee decision requires the vote of a majority of the panel
of the Committee appointed under subsection (5), and in the event of a tie vote,
the Chair of the panel must cast an additional vote to break the tie.
(11) If the term of office of any person sitting on the Complaints Committee expires
during a proceeding before the Committee, that person may remain part of the
Committee until the proceeding is concluded.
Withdrawal of complaint
36 If the Association and the complainant agree, a complaint may be withdrawn.
Complaint Committee procedures
37 The Complaints Committee may set its own procedures for the conduct of its meetings.
Complaints Committee jurisdiction
38 The Complaints Committee retains jurisdiction over a matter until a hearing begins before
the Discipline Committee or the Discipline Committee otherwise resolves the matter.
Disclosure of information by Complaints Committee
39 (1) When the Complaints Committee renders any decision, it must determine whether
or not to make some or all of the decision available to the public in general, or any
member of the public in particular.
(2) Any complaint received or under investigation, any information gathered in the
course of the complaint process and any proceeding or decision of the Complaints
Committee that is not open to or available to the public in accordance with the Act
or these regulations must be kept confidential by any person who has knowledge
of it.
Appointment and operation of Discipline Committee
40 (1) The Council must appoint a Discipline Committee consisting of any number of
members and non-members that the Council determines.
(2) The Council must appoint a chair and vice-chair of the Discipline Committee.
(3) The Vice-chair must act as chair in the absence of the Chair.
(4) Whenever for any reason neither the Chair nor the Vice-chair is available for the
purpose of subsection (5), (6) or (7), the Council may, for that purpose, appoint a
member of the Discipline Committee as chair of the Committee.
(5) The Chair of the Discipline Committee must appoint a panel of 3 persons from the
Committee, one of whom must be a non-member, to act as the Discipline
Committee for the purposes of the discipline process.
(6) The Chair of the Discipline Committee may sit on the panel and must act as the
chair of the panel in this event.
(7) If the Chair of the Discipline Committee is not appointed to the panel, the Chair
must appoint another chair for the panel.
(8) Any 2 persons from the panel appointed under subsection (5), regardless of
whether the persons are members or non-members, constitute a quorum of the
Discipline Committee.
(9) Failure of 1 or more Discipline Committee members to receive any notice of a
meeting does not invalidate the proceedings at the meeting, and nothing precludes
the members from waiving notice of meetings.
(10) Each Discipline Committee decision requires the vote of a majority of the panel of
the Committee appointed under subsection (5), and in the event of a tie vote, the
Chair of the panel must cast an additional vote to break the tie.
(11) If the term of office of any person sitting on the Discipline Committee expires
during a proceeding before the Committee, that person may remain part of the
Committee until the proceeding is concluded.
Notice of hearing
41 (1) If the Complaints Committee refers a matter to the Discipline Committee, the
Registrar must fix a date, time and place for holding a hearing, which must
commence no later than 90 days after the date of the referral by the Complaints
Committee, or any later date that the respondent and the Association agree to or
the Discipline Committee orders following an opportunity for submissions from
both parties as to the date.
(2) A notice of hearing must state the details of the charges against the respondent,
and must specify the time and place of the hearing and state that the respondent
may be represented by legal counsel.
Amendment to notice of hearing
42 (1) The Discipline Committee, at any time before or during a hearing, on its own
motion or on receipt of motion from a party to the hearing, may amend or alter
any notice of hearing to
(a) correct an alleged defect in substance or form; or
(b) make the notice conform to the evidence, if
(i) there appears to be a variance between the evidence and the notice,
or
(ii) the evidence discloses potential professional misconduct, conduct
unbecoming an architect, a violation of the Act or these regulations
or professional incompetence that is not alleged in the notice.
(2) If the Discipline Committee amends or alters a notice of hearing, the respondent
must be given sufficient opportunity to prepare an answer to the amendment or
alteration.
(3) If the Discipline Committee determines that an amendment or alteration to a
notice of hearing sought by a party is not appropriate, the Discipline Committee
may refuse to make the amendment or alteration, and if considered appropriate,
may refer any new allegations that are included in the amendment or alteration to
the Registrar for processing as a complaint.
Deemed service of documents
43 At any stage of the discipline process, any document required to be served on or given to
a respondent or any other individual is deemed to be served or given if
(a) the intended recipient or their counsel acknowledges receipt of the
documents;
(b) a registered mail receipt is given by Canada Post;
(c) an affidavit of service is given; or
(d) the Association gives evidence satisfactory to the Discipline Committee
that all reasonable efforts to effect service have been exhausted.
Attendance at Discipline Committee hearing
44 (1) A complainant is not entitled to participate as a party at a hearing.
(2) Subject to subsection 45(1), a hearing is open to the public.
(3) The Association must give notice to the public of the date, time and location of
any scheduled hearing, through its website or through any alternate means that the
Association determines.
Order preventing disclosure of Discipline Committee hearing matters
45 (1) On application or its own motion, the Discipline Committee may make an order
that the public, in whole or in part, be excluded from a hearing or any part of it if
the Discipline Committee is satisfied that
(a) personal, medical, financial or other matters may be disclosed at the
hearing of such a nature that the desirability of avoiding public disclosure
of those matters in the interest of any person affected or in the public
interest outweighs the desirability of adhering to the principle that hearings
be open to the public; or
(b) the safety of any person may be jeopardized.
(2) The Discipline Committee may make an order to prevent the public disclosure of
any matters disclosed at a hearing, including an order prohibiting broadcasting of
those matters or, in accordance with clause 43(b) of the Act, an order imposing a
publication ban, if the Committee is satisfied that
(a) personal, medical, financial or other matters may be disclosed at the
hearing of such a nature that the desirability of avoiding public disclosure
of those matters in the interest of any person affected or in the public
interest outweighs the desirability of adhering to the principle that hearings
be open to the public; or
(b) the safety of any person may be jeopardized.
(3) The Discipline Committee may make an order that the public be excluded from a
part of a hearing dealing with an application for an order under subsection (1) or
(2).
Discipline Committee hearing procedures
46 (1) Subject to the rules of natural justice, the Discipline Committee may determine
any additional rules of procedure for hearings not covered by the Act or these
regulations.
(2) The testimony of witnesses at a hearing must be taken under oath or affirmation
and must be recorded.
(3) Any oath or affirmation required may be administered by any member of the
Discipline Committee, or other person in attendance authorized by law to
administer oaths or affirmations.
(4) The Discipline Committee may require the respondent to do any of the following:
(a) submit to a review of the respondent’s practice by a qualified person or
persons designated by the Discipline Committee, and to authorize a copy
of the review to be given to the Discipline Committee;
(b) submit to a competence assessment or other assessment or examination to
determine whether the respondent is professionally competent to practise
architecture, and to authorize the assessment or a report of the examination
to be given to the Discipline Committee;
(c) produce records kept with respect to the respondent’s practice.
(5) If a respondent fails to comply with a requirement made under subsection (4), the
Discipline Committee may order that the respondent’s licence be suspended until
the respondent complies, or may order restrictions or conditions on the
respondent’s licence.
(6) The costs of complying with a requirement made under subsection (4) must be
initially borne by the Association, and may be awarded as an award of costs
against a respondent when a Discipline Committee renders its final decision in the
matter.
Failure to attend
47 If a respondent does not attend a hearing, the Discipline Committee, on proof of service
of the notice of hearing, or proof of substituted service, may proceed with the hearing in a
respondent’s absence and, without further notice to the respondent, take any action that it
is authorized to take under the Act and these regulations.
Evidence
48 (1) Evidence may be given before the Discipline Committee in any manner that the
Committee considers appropriate, and the Committee is not bound by the rules of
law respecting evidence applicable to judicial proceedings.
(2) Evidence obtained by the Discipline Committee and any information obtained by
the Complaints Committee or an investigator regarding a complaint that has not
been dismissed by the Complaints Committee must be preserved for at least 5
years from the date the evidence or information is presented.
Application for reinstatement
49 (1) An application to a Reinstatement Committee under subsection 48(9) of the Act
for reinstatement of a licence must be directed in writing to the Registrar together
with an application fee as determined by Council.
(2) An application for reinstatement must include information that will assist the
Reinstatement Committee in determining that the objects of the Association will
be met if reinstatement is granted.
(3) On receipt of an application for reinstatement, the Registrar may request that an
investigation be conducted to gather relevant and appropriate information
concerning the application.
(4) If an investigation is conducted under subsection (3), the person who investigates
must give a written report to the Reinstatement Committee and the applicant,
including all material relevant to the application, including the decision of the
Discipline Committee and any other relevant information gathered during the
investigation.
(5) The Reinstatement Committee must set a date for the hearing of an application for
reinstatement and must advise the applicant of the date.
(6) Evidence before the Reinstatement Committee must be taken under oath or
affirmation and recorded, and is subject to cross-examination.
(7) Following consideration of the evidence and representations from the applicant
and a representative of the Association, the Reinstatement Committee must make
a decision concerning the application for reinstatement, and must communicate
the decision in writing to the applicant and to the Registrar.
(8) If an application for reinstatement is accepted, the Reinstatement Committee may
impose any terms and conditions that it considers appropriate relating to the
reinstatement of the applicant and, in addition to the terms and conditions, the
applicant must satisfy all criteria required for the issuance of a licence under the
Act and these regulations.
(9) A decision of the Reinstatement Committee concerning an application for
reinstatement is final.
(10) Despite subsection (9), if an application for reinstatement is rejected, the applicant
may resubmit the application for reinstatement after 1 year has elapsed following
the date of the decision of the Reinstatement Committee, or at any later time
determined by the Reinstatement Committee that rejected the application.
(11) Any 3 persons from the Reinstatement Committee, at least 1 of whom is a public
representative, constitute a quorum of the Reinstatement Committee.
Legislative History
Reference Tables
Architects Regulations |
N.S. Reg. 399/2008 |
Architects Act |
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only. |
Source
Law
The current consolidation of
the Architects Regulations made under the Architects Act includes all of the following regulations:
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399/2008
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Sep 23, 2008
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date specified
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Oct 10, 2008
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The following regulations are not yet in force and are not
included in the current consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
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Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
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1
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In clause 10(2)(f), the
reference to a school board is to be read as a reference to an education
entity as defined in the Education Act,
in accordance with the Education Reform
(2018) Act, S.N.S. 2018, c. 1, s. 2.
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Apr 1, 2018
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Repealed and Superseded:
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.