Architects Lawyer

The Ontario Association of Architects (OAA) strictly regulates the practice of architecture in Ontario, ensuring that all architects meet the necessary education, licensure, and practice requirements. Only individuals who have registered with the OAA are legally allowed to use the title “architect” or perform architectural tasks. The Ontario Association of Architects derive their power from the Ontario Architects Act.

Unauthorized practice includes providing architectural services or using the title “architect” without first registering with the OAA. Such activities can have legal consequences, including fines of up to $25,000 for the first offence and $50,000 for consecutive offences. Licensed architects are mandated to report improper and/or inappropriate practices by other members—otherwise, they could face professional misconduct allegations.

This means that anyone who practices architecture or purports themselves to be an architect without first being properly qualified and licensed by the OAA has engaged in unauthorized architectural practice.

How Does the OAA Ensure Public Safety?

The Ontario Association of Architects (OAA) plays a highly significant role when it comes to ensuring public safety. They do this by enforcing a comprehensive framework of regulations and standards that regulate the architectural profession. This framework sets out rigorous licensing and accreditation requirements. These requirements help to ensure that only those who meet high educational and professional standards are able to practice as architects. The OAA also mandates continuing education, requiring architects to stay up-to-date with industry developments, technological advancements, and evolving safety protocols to maintain their licenses.

In addition to setting these standards, the OAA is responsible for investigating complaints against architects. Through a formal process, the OAA thoroughly examines any allegations of professional misconduct, incompetence, or ethical breaches. If an architect is found to have violated the profession’s standards, the OAA has the power to impose disciplinary actions, ranging from fines and mandatory retraining to the suspension or revocation of the architect’s license. These measures are essential for to best maintain the integrity of the architectural profession and protecting public safety.

How Can Complaints Be Filed Against Architects?

Formal complaints against architects can be submitted to the OAA either electronically or in writing. Complaints should contain the architect’s name, project information, and supporting documentation. The OAA’s Complaints Committee will assess the submission, and if the evidence supports further action, the case may be referred to the Discipline Committee for further deliberation on what disciplinary actions, if any, to take.

Virtually any member of the public can file a complaint against a registered architect. The OAA will prosecute registered architects for complaints regarding professional misconduct.

How does the Investigation Process Work?

This process might begin with an initial examination of the complaint to determine its validity and whether it is within the College’s scope to investigate. If the allegation is deemed to be reasonably credible, and not frivolous or vexatious, the College will gather additional evidence. This might involve analyzing documents, seeking expert advice, and conducting site investigations to analyze the circumstances behind the complaint. Part of the investigative process involves the College screening out frivolous or vexatious allegations. Oftentimes, this includes allegations that were already previously decided on.

In addition to evidence collection, the College might choose to schedule interviews with the affected parties or witnesses, including the complainant, the architect in question. Witnesses are an important part of this process because otherwise, it would be one person’s word against the other which can make it more difficult to discover the truth. These interviews are conducted to ensure that all perspectives are heard and that the Committee has a comprehensive understanding of the situation from a number of different stances.

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What is the Role of the Discipline Committee?

The Discipline Committee is largely comprised of volunteer and appointed members, both architect and non-architect members. The composition of the committee is intended to provide a balanced perspective on the issues at hand. This diversity is highly important to best ensure that decisions are fair, impartial, and representative of both professional expertise and public interest.

The committee is responsible for reviewing the material collected in the course of an investigation into an architects practice. These investigations can be lengthy and last years, which is why it is so important to protect one’s professional reputation.

After the investigation is concluded, the Discipline Committee takes a look at the findings and then decides on the future disciplinary actions that they will take, if any. This might range from dismissing the allegation as unsubstantiated to imposing disciplinary measures such as reprimands, fines, or even suspending or revoking the architect’s license. In exceptional situations, the Committee might compel the architect to get extra training or supervision in order to rectify the specific issues or problematic behaviour in their practice.

The actions taken by the Discipline Committee have a number of purposes. It aims to rectify the problematic conduct of individual architects. However, it also serves as a way to uphold the standards of the profession as a whole, to make sure that the public has faith and confidence in architects. The main task of the Committee is to enforce accountability and rectify any misconduct from members of the profession.

When Can the Registrar Investigate an Architect?

In specific cases, the Registrar of the OAA might opt to independently investigate an architect’s conduct, if there are reasonable grounds to suspect incompetence or professional misconduct. This investigation is independent from the Complaints process. This process might involve examining records, interviewing witnesses if any, and even involving law enforcement if necessary in the more serious cases.

Understanding Workplace Investigations

Can a Revoked License Be Reinstated?

In some cases, yes. An architect whose license has been revoked normally has the opportunity to apply for reinstatement. However, it is important to note that this process is subject to specific conditions and deadlines or time limits. More namely, an architect must wait for a period of at least two years after the revocation before they are eligible to apply for reinstatement.

On the other hand, if the license was suspended rather than revoked, and the suspension lasted for more than one year, the architect must wait for at least one year following the suspension before they can seek reinstatement. The application for reinstatement has to be made in writing to the Registrar.

It normally requires that the person writing the letter demonstrates that the architect has rectified the issues and problematic conduct that led to the revocation or suspension of their licence. The application process may involve providing evidence of continuing education, professional development, or other remedial actions taken to rectify past deficiencies.

Afterwards, the Registrar reviews the application to determine whether the architect has met the necessary criteria to be reinstated and whether they can be trusted to practice architecture in a manner that upholds the standards of the profession. The process here shows us the importance of maintaining professional conduct and the rigorous standards set by regulatory bodies to protect public interest. In doing this, they are able to uphold the integrity and reputation of the architectural profession.

Why is It Important to Report Misconduct?

Reporting misconduct is highly significant for maintaining the integrity of the profession. Failure to report can lead to serious consequences, including charges of professional misconduct, which can detriment the reputation of the individual and the profession as a whole.

Reporting misconduct is a fundamental responsibility in the architectural profession because it upholds the ethical standards that form the foundation of public trust. Architects hold a position of significant authority and influence, as their work directly impacts public safety, the environment, and the built environment’s aesthetics and functionality. When a member of the public fails to report misconduct, whether it involves safety violations, ethical breaches, or professional incompetence, they are complicit in allowing potentially harmful practices to continue unchecked. This can lead to dangerous consequences, such as structural failures, unsafe buildings, or the misuse of public funds.

Moreover, the integrity of the architectural profession relies on a collective commitment to high standards. By reporting misconduct, people are able to contribute to a culture of accountability. This is because it is one method to ensure that those who violate professional norms are held responsible. This not only protects the public but also safeguards the profession’s reputation. A person who does not report unethical behavior risks being seen as negligent or even complicit, which can result in disciplinary actions, legal consequences, or loss of licensure. Ultimately, the duty to report misconduct is not just about individual ethics; it is about maintaining the profession’s credibility and ensuring that architecture remains a respected and trusted discipline.

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Recent Law

Saplys v. Ontario Association of Architects, 2019 ONSC 1679

In this case, an architect, L.S., challenged the decision of the OAA Discipline Committee. This committee had previously found that L.S. indeed committed four different instances of professional misconduct.

L.S. also engaged in unethical behavior by soliciting work from clients who were already under contract with his former employer. This was a way in which he breached the trust and confidentiality that are important parts of a professional relationship. Furthermore, L.S. failed to disclose conflicts of interest, which could have compromised the integrity of the projects and potentially deceived clients. The OAA Discipline Committee’s findings reflected the seriousness of these breaches. This shows us the importance of being transparent and ethical in the profession world.

The architect was not successfully in appealing the penalties originally imposed on him. In doing this, the disciplinary committee stressed how important it is to follow professional regulations, and signalled an intolerance toward this kind of misconduct.

Another instance involved him delivering architectural services through a company that lacked the necessary credentials to do so.

The Court upheld the Discipline Committee’s conclusions on three of the allegations, confirming that L.S. had indeed violated the professional standards set out in the Architects Act and associated regulations. However, it ruled that the Committee’s finding on one count—regarding services provided through an uncertified company—was unreasonable. The Court determined that the Committee had failed to properly assess whether the work in question met the criteria of a “design” as defined under the Architects Act. This particular issue was sent back to the Committee for further review.

L.S. was awarded partial costs since he succeeded on one aspect of his appeal. The case shows us the importance of architects to carefully follow professional guidelines and the rigorous review processes of regulatory bodies.

Di Sarra v. Ontario Association of Architects, 2021 ONSC 2697

In the case of D.S. v. Ontario Association of Architects, 2021 ONSC 2697, D.S., a licensed architect, contested the Ontario Association of Architects’ Discipline Committee’s ruling that found him guilty of a conflict of interest. The issue began when D.S., while acting as the architect for a renovation project, also held ownership in a company that submitted a bid for millwork on the same project. The Committee found that this violated the Architects Act, which does not allow architects to have financial interests in firms that submit bids or tenders on projects where they provide architectural services.

D.S. asserted that the informal process of obtaining quotes for the millwork should not be considered as “tenders or bids” under the regulation. However, the Court disagreed, holding that even informal bidding processes could present conflicts of interest. As a result, the court upheld the Discipline Committee’s decision and dismissed D.S.’s appeal, also requiring him to pay $2,500 in costs. This case emphasizes the importance for architects to avoid conflicts of interest, even in informal business dealings, to uphold the integrity of their professional practice.

About the Author

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Jordan Donich

Jordan Donich has been a Lawyer for over 10 years and is a trusted legal analyst by Canadian Media. He is as a leader in Canada’s tech sector for lawyers and developer of Law Newbie. Jordan is a Black Belt with the Japan Karate Association and trained in Krav Maga. He won a Gold Medal at 2004 Canadian National Championships and was published in the National Newspaper Awards.

Jordan has been featured in Forbes and is a member of DMZ Angels in Toronto.