Ontario Association of Architects Defence Lawyers

Architects, like many other professionals in Canada, must be adequately educated, licensed and regulated by the province in which they practice. Each province will regulate their professionals in their own way. In Ontario, architecture is a restricted practice that is limited to architects who are properly licensed, and are active members of the Ontario Association of Architects. It is an offense to use the term ‘architect’ or present oneself as engaging the practice of architecture when the individual or corporation is not registered with the OAA. In addition to being charged with an offence, the person or corporation could also be liable to a fine of up to $25,000 for the first offence, and up to $50,000 for any subsequent offences.

The practice of architecture includes: the preparation of a design which governs the construction, enlargement or alteration of a building, evaluating, advising or reporting on the construction, enlargement or alteration of a building, or a general review of the construction, enlargement or alteration of a building.

Architects, Licensed Technologists and other members of the Ontario Association of Architects are required to report any unauthorized practices of their fellow members. A failure to report could be deemed an act of professional misconduct. In order to make a report, the member should obtain as much information and documentation as possible to support the report. This can  include: photos of projects signs, copies of permit applications, business cars, title blocks, articles, relevant correspondence and sketches and the contact information of the member against whom the report is being made.

The Ontario Association of Architects will then launch an investigation into the report. If illegal practice has been established, the OAA may:

  • Send a letter advising the member of the concerns and request a specific corrective action
  • Request that the member sign an undertaking and covenant agreement acknowledging a contravention of the Architects Act and agreeing to comply in the future
  • Seek financial damages or injunctive relief through the courts

Legal Information

Frequently Asked Questions

Regulating Architects in Ontario
How are Architects Regulated?
Making a Complaint Against an Architect
What Happens After a Complaint is Filed?
Who is on the Discipline Committee and What Do They Do?
Investigation by the Registrar
Can an Architect Apply for Restoration of a License after Revocation or Suspension?

Regulating Architects in Ontario

The Ontario Association of Architects is an organization made under the Architects Act, with the purpose of regulating and encouraging knowledge and competency amongst its members, as well as protecting the public interest. The Ontario Association of Architects is established under the Architects Act 1990, and its members must also abide by the OAA’s own bylaws and Code of Ethics. Some of the OAA’s main responsibilities include: assisting in the establishment and promotion of architecture, developing ethics and standards of practice, providing advisory services for its members and members of the public, investigating complaints against architects, addressing illegal practices and enforcing disciplinary proceedings against offending architects. The OAA is also governed by a Council consisting of 15 architects, 1 Licensed Technologist and 1 Intern Architect, who are elected by other members of the profession, as well as up to 5 members of the public, appointed by the Province.

How are Architects Regulated?

The OAA is established under the Architects Act 1990 and its members are regulated by the OAA’s bylaws and Code of Ethics. The object of the Architects Act is to regulate the practice of architecture as well as its members to best protect public interest. The Architects Act also lays out the requirements for certificate of practice, cancellation and reinstatement of certificate, the powers of the complaints and discipline committee, etc.

Making a Complaint Against an Architect

A formal complaint can be made to the Ontario Association of Architects through email, or a through a written submission directly mailed to the OAA. The complaint should include: the name of the architect or licensed technologist, the name and location of the project (if any), a statement of the specific complaint, a copy of any Client/Architect Agreement, any copies of drawings, documents or other relevant materials that are relevant to the complaint.

What Happens After a Complaint is Filed?

After the Ontario Association of Architects has received a complaint, the Coordinator, Act Enforcement will provide the complainant with acknowledgement of the complaint and complete a preliminary review of the complaint along with the Registrar and Deputy Registrar.

The OAA may choose to take no action on the complaint if the evidence that is provided does not raise a regulatory concern, if investigation by the OAA’s Complaints Committee would not resolve the issues, the information and documents provided cannot support the complaints made, the allegations made in the complaint are the subject of ongoing criminal, civil or other regulatory proceedings.

If the OAA decides to proceed with an investigation, they will send a copy of the complaint and the relevant supporting documents to the architect or licensed technologist against whom the complaints were made within 14 days to respond. The complainant may respond to the architect or licensed technologist’s response letter within another14 days if necessary. After this process, the complaint will then be forwarded to the Committee who will assess the complaint along with all the documents provided and decides whether the matter should be forwarded to the Discipline Committee.

Who is on the Discipline Committee and What Do They Do?

The Discipline Committee of the Ontario Association of Architects is comprised of volunteer architects, at least 1 elected architect from the OAA Council, and 1 Lieutenant-Governor-in-Council Appointee who is not an architect. Committee members must alert the OAA if they are facing any conflicts of interest, and must not participate in an investigatory proceedings of a complaint where a real or perceived bias exists.

Following the Complaints Committee’s assessment of the complaint, they may:

  • Request for clarification from the parties to the complaint
  • Make arrangements for drawings to be inspected
  • Make arrangements for interviews with the complainant and the OAA member against whom the complaint is made

Investigation by the Registrar

In some cases, the Registrar may also conduct investigations into an Ontario Association of Architects’ member’s incompetence or professional misconduct. This is a process that is separate from the Complaints route, but may arise where the Register has a reasonable belief that an investigation is necessary.

The information giving rise to a registrar’s investigation may stem from concerns following surveys from the public, issues raised by other architects or regulated processionals, members of the public, building officials, criminal investigations, municipal investigations or the media. An investigator may also engage law enforcement to assist with the investigation by obtaining an order from a provincial judge. During the Registrar’s investigation, they may make inquiries and examine the architect/corporation’s practise, enter their business premises at reasonable hours, examine books, records documents and other relevant items. The Registrar’s investigation must not be obstructed, and one must not conceal or destroy any books, records, documents or items that are relevant to the investigation. The specific investigation process can be found in more detail in Section 38 of the Architects Act.

Can an Architect Apply for Restoration of a License after Revocation or Suspension?  

An individual whose license or certificate to practice has been revoked may apply to the Registrar, in writing, to be reinstated after a period of 2 years has passed. Where the suspension is for more than one year, the application for reinstatement cannot be made sooner than 1 year after the suspension has begun.

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