Architects Act
Consolidated act- Citation
- S.N.W.T. 2001, c.10
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by Miscellaneous Statutes Amendment Act, 2006
- s.1 amended by Engineering and Geoscience Professions Act in force May 1, 2008 (SI-003-2008)
- s.1 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.1 amended by Practice of Engineering, Geoscience and Applied Science Technology Act in force March 1, 2025 (SI-001-2025)
- s.10 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.11 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.13 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.14 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.18 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.25 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.28 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.29 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.32 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.53 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.60 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.67 repealed by Miscellaneous Statutes Amendment Act, 2006
- s.68 repealed by Miscellaneous Statutes Amendment Act, 2006
- s.69 repealed by Miscellaneous Statutes Amendment Act, 2006
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
Definitions
1.(1) In this Act,
"architect" means a person who is registered with the Association as an architect; (architecte)
"Association" means the Association continued under section 2; (Ordre)
"authorized practitioner" means a member, licensee or permit holder; (praticien autorisé)
"bylaws" means the bylaws of the Association made under subsection 6(1); (règlements administratifs)
"Complaints Review Committee" means the Complaints Review Committee established under subsection 35(1); (comité d’examen des plaintes)
"council" means the council of the Association; (conseil)
"council member" means a person referred to in subsection 7(2); (membre du conseil)
"firm" includes a partnership, corporation or association of persons; (firme)
"graduate architect" means a person who is registered with the Association as a graduate architect; (diplômé d’une école d’architecture)
"licence" means a licence issued under section 28; (licence)
"licensee" means a person who holds a licence; (titulaire de licence)
"member" means a person who is registered with the Association as an architect, graduate architect or restricted practitioner; (membre)
"permanent resident" means a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act (Canada); (résident permanent) "permit" means a permit issued under section 29; (permis)
"permit holder" means a firm that holds a permit; (détenteur de permis)
"practice of professional engineering" means the practice of professional engineering as defined in the Practice of Engineering, Geoscience and Applied Science Technology Act; (exercice de la profession d’ingénieur)
"practise architecture" means
(a) to plan, design or give advice on the design of or on the erection, construction or alteration of or an addition to a building,
(b) to prepare plans, drawings, detail drawings, specifications or graphic representations for the design of or for the erection, construction or alteration of or an addition to a building, or
(c) to inspect work and assess the performance of work under a contract for the erection, construction or alteration of or an addition to a building; (exercice de la profession d’architecte) ou (exercer la profession d’architecte)
"professional engineer" means a professional engineer as defined in the Practice of Engineering, Geoscience and Applied Science Technology Act; (ingénieur)
"Register" means the Register of members referred to in subsection 22(1); (registre)
"Registrar" means the Registrar appointed under section 9; (directeur)
"registration" means registration under section 18 as an architect, graduate architect or restricted practitioner; (inscription)
"Registration and Licensing Review Committee" means the Registration and Licensing Review Committee established under section 15; (comité d’examen de l’inscription et de la délivrance des licences)
"restricted practitioner" means a person who is registered with the Association as a restricted practitioner; (praticien d’exercice restreint) "Roll" means the Roll of licensees and permit holders referred to in section 31. (Tableau)
(2) For the purposes of this Act, a person shall be treated as working under the direct supervision of an architect, restricted practitioner or licensee if the circumstances under which the work is done are such that the architect, restricted practitioner or licensee
(a) has made the decisions on technical matters of policy and design; and
(b) has exercised his or her professional judgment in the architectural matters that are embodied in the final version of the plans, drawings, detail drawings, specifications, graphic representations or other documents in respect of which the supervision is exercised.
SNWT 2006, c.23,s.1(2); SNWT 2006,c.16,s.66; SNWT 2023,c.7,s.3(2); SNWT 2023,c.34,s.78.
PART 1
THE NORTHWEST TERRITORIES
ASSOCIATION OF ARCHITECTS
Continuation of Association
Continuation of Association
2.The Northwest Territories Architectural Society incorporated under the Societies Act is continued under this Act as a corporation called the Northwest Territories Association of Architects.
Objects of Association
3.The objects of the Association are
(a) to regulate the practice of architecture and to govern the profession in accordance with this Act and the bylaws, and
(b) to establish and maintain standards of knowledge, skill, care and professional ethics among authorized practitioners,
in order that the interests of the public may be served and protected.
Powers of Association
4.The Association, in addition to the powers vested in it by the Interpretation Act and this Act, has the power
(a) to acquire and hold real property for offices and other administrative purposes only and to sell, lease or otherwise dispose of it at pleasure; and
(b) to borrow money for the purposes of the Association and to mortgage or charge property of the Association or its sources of funds as security for money borrowed.
Seal
5.The Association shall, by resolution, adopt a seal.
Bylaws
Bylaws
6.(1) The Association may make bylaws not inconsistent with this Act respecting
(a) the nomination, election and appointment of council members;
(b) the term of office of the person appointed to the council by the Minister;
(c) the powers and duties of the council;
(d) the appointment, qualifications, powers and duties of the Registrar and the officers and employees of the Association;
(e) the establishment, constitution, proceedings, powers, duties and functions of a committee of the Association, including the appointment and term of office of the members of the committee;
(f) the appointment and term of office of alternate members of the council or of a committee of the Association;
(g) the regulation and discipline of authorized practitioners;
(h) the reinstatement of authorized practitioners whose registration, licence or permit has been suspended and of former authorized practitioners whose registration, licence or permit has been revoked;
(i) the names under which firms may engage in the practice of architecture;
(j) the management of the property of the Association;
(k) the maintenance of the Association, including the fixing, payment and collection of
(i) the registration and annual fees payable by members, and
(ii) the application fees payable by applicants for the issuance of licences and permits;
(l) the indemnification of a member of the council or a committee of the Association, the Registrar, an investigator, a mediator or any officer or employee of the Association for any costs, charges or expenses incurred in respect of anything done or not done by that person in good faith and in purporting to act under this Act or the bylaws;
(m) the registration of members, including the prescription, for the purposes of sections 16 and 18, of the appropriate national regulating body that certifies university programs in architecture;
(n) the information that is to be entered in the Register and the Roll in respect of each authorized practitioner;
(o) the information that the council or the Registrar may require an authorized practitioner to supply annually or at such other times as the council or Registrar may consider appropriate;
(p) the time, place, quorum and conduct of the meetings of the Association, the council and any committee of the Association;
(q) the establishment and operation of divisions and sections of the Association;
(r) the procedures for voting in a mail vote referred to in subsection (2);
(s) the representation of the Association in other bodies and representation of other bodies in the Association;
(t) the establishment of a compulsory continuing education and professional development program for members and licensees;
(u) the establishment of scholarships, fellowships and any other educational incentive or benefit programs;
(v) the maintenance of insurance by authorized practitioners to provide indemnity against professional liability claims;
(w) authorizing the Association to act as agent for authorized practitioners in obtaining insurance, including the insurance described in paragraph (v);
(x) the establishment of a code of professional ethics;
(y) the qualifications required of persons applying for registration;
(z) life and honorary memberships and provisions for members who cease to qualify under subparagraph 18(1)(c)(i) or
(ii) or subparagraph 18(3)(c)(i);
(z.1) the care, custody and use of the seal of the Association;
(z.2) the stamping or sealing of plans, designs, drawings, specifications, reports and similar documents prepared by an authorized practitioner;
(z.3) the establishment of a set of recommended fees or a set of guidelines for fees that may be charged for the services provided by authorized practitioners; and
(z.4) other matters that are specifically provided for in this Act or that the council considers necessary or convenient for the management of the Association, the conduct of its business and the promotion of its welfare.
(2) No bylaw or revocation of a bylaw comes into effect until it has been approved by a majority of the members
(a) present and voting at a general meeting of the Association; or
(b) voting in a mail vote conducted in accordance with the bylaws.
(3) The bylaws must be kept at the office of the Association and any person is entitled to inspect them at any reasonable time.
Council
Council
7.(1) The affairs of the Association shall be managed by a council whose composition, subject to subsection (2), is limited to members and which shall, subject to this Act, the bylaws and resolutions passed by the Association at a general meeting, have all the powers of the Association.
(2) The council is composed of
(a) the president;
(b) if able and willing to serve, the immediate past-president of the Association;
(c) one person, who is not a member of the Association, appointed by the Minister to hold office for a term specified in the bylaws; and
(d) four members elected or appointed in accordance with section 8.
Definitions
8.(1) In this section,
"councillors" means the council members referred to in paragraph 7(2)(d); (conseillers)
"members" does not include graduate architects. (membres)
(2) Subject to section 26, the president of the Association shall be elected annually from among and by the members and may hold office until the successor of the president is elected.
(3) The president shall act as presiding officer at a meeting of the council and of the Association and may vote only in the event of a tie vote.
(4) Subject to subsection (5) and section 26, two of the councillors shall be elected from among and by the members annually and shall hold office until their successors are elected at the second annual election held after the election of the councillors.
(5) At the first annual election held after the coming into force of this section, all four of the councillors shall be elected, but two of the councillors shall be elected to hold office only until their successors are elected at the next annual election.
(6) The president shall designate a vice-president, secretary and treasurer of the Association from among the councillors.
(7) If the office of a councillor becomes vacant, the council shall appoint a member, other than a graduate architect, to fill the vacancy until the next annual election, at which time the vacancy shall be filled by election by the members.
(8) The council may appoint, in accordance with the bylaws, one of the members as an alternate councillor to act in respect of any matter that comes before the council where a councillor is temporarily absent, incapacitated or unable to act and in such circumstances, the alternate councillor shall act as a councillor.
(9) If the president is temporarily absent, incapacitated or unable to act, the vice-president may exercise the powers and shall perform the duties of the president.
(10) If the office of president becomes vacant, the vice-president shall act as the president until a president is elected at the next annual election.
Registrar
9.The council shall, in accordance with the bylaws, appoint a Registrar with the powers and duties that are conferred or imposed on the Registrar by this Act, the council or the bylaws.
PART 2
PRACTICE
Restrictions on Practice
Definition: "exempt
10.(1) In this section, "exempt building" means
(a) a building that
(i) is three stories or less in height,
(ii) has a gross area of 600 square metres or less, and
(iii) is for
(A) residential occupancy,
(B) business and personal services occupancy,
(C) mercantile occupancy, or
(D) medium and low hazard industrial occupancy;
(b) a building that is a farm building not for public use; or
(c) a relocatable industrial camp building that has a gross area, on assembly, of 600 square metres or less.
(2) Subject to this Act, no person other than an authorized practitioner shall practise or offer to practise architecture.
(3) Subsection (2) does not apply to a person who practises or offers to practise architecture
(a) in respect of an exempt building; or
(b) in the course of the person’s employment while the person is working under the direct supervision of an architect, restricted practitioner or licensee.
(4) No person shall employ under a contract of service a person, other than an architect, restricted practitioner, licensee or permit holder, to practise architecture, unless the person practises under the direct supervision of an architect, restricted practitioner or licensee.
(5) A graduate architect shall not practise or offer to practise architecture except under the direct supervision of an architect, restricted practitioner or licensee.
(6) Subsections (2) and (4) shall not be construed to authorize a restricted practitioner to practice architecture beyond the scope of practice that is specified for that person in the Register or on his or her certificate of registration. SNWT 2023,c.7, s.3(3),(4),(5),(6).
Use of Name
Use of name
11.Subject to this Act, no person other than an authorized practitioner shall
(a) use, orally or otherwise, the title "architect", or any variation or abbreviation of that title;
(b) use, orally or otherwise, any name, title, occupational designation or position description in which the term "architect", appears or use any variation or abbreviation of any such name, title, designation or description in a manner that would lead any person to believe that the person
(i) is an architect, or
(ii) is a person qualified to practise architecture;
(c) advertise or hold out that the person is, or act in such a manner as to create or induce in the mind of any reasonable person the belief that the person is an architect, or a person so qualified; or
(d) affix the seal or stamp of an architect, or permit that seal or stamp to be affixed, to a plan, drawing, detail drawing, specification or other document or a reproduction of any of them unless the plan, drawing, detail drawing, specification or other document or reproduction was prepared by or under the direct supervision and the seal or stamp is affixed with the knowledge or consent or in accordance with the direction of, that architect.
General
Injunction
12.Where a person contravenes subsection 10(2), or (4) or section 11, a judge of the Supreme Court may, on the application of the Association, grant an injunction restraining that person from further contravention of that provision.
Exemption for firms
13.(1) Nothing in this Part prevents a firm from practising architecture if the work
(a) is performed by an employee who is a member or licensee; and
(b) is performed in respect of a building that is not intended for occupation.
(2) Nothing in this Part applies to a person who
(a) is practising as
(i) an interior designer, if the practice of that person is confined to interior design;
(ii) a landscape architect, if the practice of that person is confined to landscape architecture; or
(iii) a professional engineer, if the practice of that person is confined to professional engineering; and
(b) does not style or hold himself or herself out as an architect.
Proof of practicing
14.(1) For the purposes of this Part, proof of one act of practising architecture is proof of the practice of architecture.
(2) The burden of proving that a person is an authorized practitioner is on
(a) the accused, in a prosecution under subsection 10(2) or (4) or section 11; or
(b) the person against whom an application is made, in a proceeding under section 12.
PART 3
MEMBERS, LICENSEES AND
PERMIT HOLDERS
Registration and Licensing Review
Committee
Registration and Licensing Review Committee
15.(1) The council shall establish a Registration and Licensing Review Committee, composed of not fewer than three members, appointed by the council in accordance with the bylaws.
(2) The Registration and Licensing Review Committee shall be responsible for appraising the academic and experience qualifications of applicants for registration or for the issuance of a licence, and, where necessary, setting and conducting, or adopting or approving, examinations.
(3) Subsections 35(2) to (6) apply in respect of the Registration and Licensing Review Committee, with such changes as the circumstances require.
Members and Licensees - Qualifications
Application
16.(1) This section does not apply to a person referred to in clause 18(1)(c)(ii)(B) or (C), subsection 18(2) or (3) or clause 28(1)(d)(iii)(B).
(2) An applicant shall, before being approved for registration or for the issuance of a licence,
(a) either
(i) satisfy the Registration and Licensing Review Committee that he or she is a graduate of a university program in architecture that is certified by the national regulating body prescribed by the bylaws, or
(ii) pass confirmatory examinations adopted, approved or set by the Registration and Licensing Review Committee; and
(b) have documented experience, after university graduation, in the practice of architecture that is satisfactory to the Registration and Licensing Review Committee.
Appeal to council
17.(1) An applicant who is dissatisfied with the appraisal of his or her academic and experience qualifications by the Registration and Licensing Review Committee may appeal to the council.
(2) The council may, on hearing the appeal,
(a) confirm the appraisal by the Registration and Licensing Review Committee; or
(b) request the Registration and Licensing Review Committee to reconsider the application.
(3) An applicant may not appeal to the Supreme Court on the ground of the rejection by the Registration and Licensing Review Committee of his or her academic or experience qualifications unless the applicant has first appealed under subsection (1).
Members - Registration
Approval of registration as an architect
18.(1) The council shall approve for registration as an architect every person, other than a licensee or permit holder, who
(a) applies in accordance with the bylaws;
(b) pays the registration fees required by the bylaws;
(c) satisfies the council that he or she
(i) is a Canadian citizen, a permanent resident or is otherwise lawfully permitted to work in Canada, and
(ii) either
(A) satisfies the requirements set out in section 16,
(B) is a member of an association or corporation in any other jurisdiction having requirements for registration considered by the council to be equivalent to those of the Association, or
(C) has, before the coming into force of this Act,
(I) practised architecture, for at least three years during that time, under the direct supervision of a person registered as a member of a professional architectural association in Canada, and
(II) graduated from a program in architecture; and
(d) in the case of a person referred to in clause (c)(ii)(C), applies within six months of the coming into force of this section and submits three letters from members in support of his or her application.
(2) The council shall approve for registration as a graduate architect every person, other than a licensee or permit holder, who
(a) applies in accordance with the bylaws;
(b) pays the registration fees required by the bylaws;
(c) satisfies the council that he or she is a Canadian citizen, a permanent resident or is otherwise lawfully permitted to work in Canada; and
(d) either
(i) satisfies the council that he or she is a graduate of a university program in architecture that is certified by the national regulating body prescribed by the bylaws, or
(ii) passes confirmatory examinations adopted, approved or set by the Registration and Licensing Review Committee.
(3) The council shall approve for registration as a restricted practitioner every person, other than a licensee or permit holder, who
(a) applies in accordance with the bylaws, within six months of the coming into force of this section;
(b) pays the registration fees required by the bylaws; and
(c) satisfies the council that he or she
(i) is a Canadian citizen, a permanent resident or is otherwise lawfully permitted to work in Canada, and
(ii) has, before the coming into force of this section, practised architecture in the Northwest Territories for at least two years.
(4) The council may impose such terms and conditions on the certificate of registration of a restricted practitioner as the council considers appropriate. SNWT 2023,c.7,s.3(8).
Examinations
19.(1) Notwithstanding anything in this Act, the council may require an applicant for registration to write the professional practice examinations that it considers necessary, and it may refuse to approve for registration as a member any person who fails the examinations.
(2) Where an application for registration is rejected, the council shall give the unsuccessful applicant written notice of that fact stating the reasons for the rejection of the application.
Appeal
20.(1) Subject to subsection 17(3), a person whose application for registration has been rejected on any ground may appeal against the rejection to a judge of the Supreme Court within 60 days after the person has received notice of the rejection.
(2) Notice of an appeal under subsection (1) must be served on the Registrar who shall, without delay, supply to the Clerk of the Supreme Court
(a) a copy of all material that has been submitted to the council or the Registration and Licensing Review Committee and considered by the council or Committee in arriving at its decision;
(b) the evidence taken and the order of the council or the Registration and Licensing Review Committee; and
(c) any further evidence that the Supreme Court may require.
(3) The Supreme Court may, on hearing the appeal, make an order either confirming or reversing the decision appealed from.
Registration and certificate
21.(1) After council has approved the registration of a person, the Registrar shall
(a) register the person in the Register; and
(b) issue to the person a certificate of registration signed by the Registrar and bearing the seal of the Association.
(2) The Registrar shall include on the certificate of registration of a restricted practitioner any terms and conditions that are attached to the person’s registration by the council, and shall record those terms and conditions in the Register.
(3) A certificate of registration remains the property of the Association and may be reclaimed by the Registrar on the revocation of the registration of a member.
Architects Register
22.(1) The Registrar shall maintain a record of members called the Register in which shall be entered the information that is required to be recorded by this Act or the bylaws.
(2) The Register shall be
(a) kept at the offices of the Association; and
(b) open for inspection by any person at any time that the offices of the Association are open.
(3) The Registrar shall cause copies of the Register to be printed and published annually.
(4) Where the registration of a member is revoked by the council, the Registrar shall strike his or her name from the Register.
Lapse in registration
23.Notwithstanding anything in this Act, where the registration of a person in the Association, or in an association or corporation in any other jurisdiction having requirements for registration considered by the council to be equivalent to those of the Association, has been discontinued for more than five years, that person shall, where required by the Registration and Licensing Review Committee,
(a) pass examinations adopted, approved or set by the Registration and Licensing Review Committee, and
(b) pass a course of study or obtain experience generally or in a field of practice satisfactory to the Registration and Licensing Review Committee,
before being registered as a member.
Review of qualifications of member
24.(1) A member who, for a period exceeding five years, has been inactive in the practice of architecture may be required by the council to have his or her qualifications reappraised by the Registration and Licensing Review Committee.
(2) The council may, on the recommendation of the Registration and Licensing Review Committee, after reappraising the qualifications of a member, require the member to bring his or her qualifications up to date.
(3) The council may, if the member does not bring his or her qualifications up to date in accordance with the requirements of the council under subsection (2), revoke the member’s registration.
Members - Entitlements and Annual Fees
Practice and use of title
25.During the period that a member is registered, the member is, subject to this Act and to any terms and conditions attached to his or her certificate of registration, entitled to practise architecture and to use the title of and be designated as
(a) an "architect", if the member is an architect;
(b) an "architect (restricted practitioner)", if the member is a restricted practitioner; or
(c) a "graduate architect", if the member is a graduate architect.
Voting and election
26.Every member, other than a graduate architect, who is in good standing
(a) is entitled to vote at any meeting or in any mail vote of the Association; and
(b) is eligible for election as a council member.
Annual fees
27.(1) Every member must pay the annual fee, which may vary between categories of members, that is required by the bylaws to the Association on registration and subsequently on or before January 1 in the year for which the fee is imposed.
(2) A member who fails to pay the annual fee as required by subsection (1) ceases to be in good standing until the annual fee is paid.
(3) The council may suspend the registration of a member who does not pay the annual fee within 90 days after the date the fee is payable under subsection (1).
(4) The council may reinstate a member’s registration after a suspension under subsection (3) if the member
(a) applies in accordance with the bylaws; and
(b) pays
(i) the registration fee applicable to new registration applications; and
(ii) all the annual fees that would have been payable by the member from the date of the suspension, had the suspension not been imposed.
Licensees and Permit Holders
Approval of issuance of licences
28.(1) The council shall approve the issuance of a licence to practise architecture in collaboration with an architect or permit holder to every person, other than a member, who
(a) applies in accordance with the bylaws;
(b) pays the application fees required by the bylaws;
(c) submits a letter in support of his or her application from the architect or permit holder with whom the person proposes to collaborate; and
(d) satisfies the council that he or she
(i) is not a resident of the Northwest Territories,
(ii) is a Canadian citizen, a permanent resident or is otherwise lawfully permitted to work in Canada, and
(iii) either
(A) satisfies the requirements set out in section 16, or
(B) is a member of an association or corporation in any other jurisdiction having requirements for registration considered by the council to be equivalent to those of the Association.
(2) The council may, under subsection (1), restrict a licence to a specified architectural work or project in the Northwest Territories and attach such other terms and conditions to the licence as the council considers appropriate.
(3) After the council has approved the issuance of a licence to a person, the Registrar shall
(a) issue the person a licence signed by the Registrar and bearing the seal of the Association; and
(b) enter the person in the Roll.
(4) The Registrar shall include on a licence any terms and conditions that are attached to it by the council, and shall record those terms and conditions in the Roll.
(5) A licensee is, subject to any terms and conditions attached to his or her licence, entitled to practise architecture and to use the title of and be designated as a "visiting project architect".
(6) Sections 19 and 20 apply in respect of an application for the issuance of a licence with such modifications as the circumstances require. SNWT 2023,c.7,s.3(4).
Approval of issuance of permit
29.(1) Subject to subsection (2), the council shall approve the issuance of a permit to a firm that
(a) applies in accordance with the bylaws;
(b) pays the application fees required by the bylaws; and
(c) has at least one director, partner or officer of the firm who
(i) is an architect, restricted practitioner, or licensee,
(ii) will serve as the professional representative of the firm, and
(iii) will directly supervise the practice of architecture by, and the professional conduct of, the firm.
(2) The council may not approve the issuance of a permit to a firm that is a corporation unless
(a) it is incorporated, continued or registered under the Business Corporations Act and has filed with the Registrar of Corporations all documents required to be filed under that Act;
(b) at least one of the directors of the corporation complies with the requirements in paragraph (1)(c); and
(c) a function of the corporation is to engage in the practice of architecture.
(3) The council shall approve the issuance of a permit to a firm incorporated or formed under the laws of another jurisdiction if the firm
(a) is licensed or authorized to practise architecture by that jurisdiction; and
(b) complies with the requirements in paragraphs (1)(a) to (c).
(4) A firm referred to in subsection (3) must, unless the council determines otherwise, maintain an office in the Northwest Territories under the direct supervision of an authorized practitioner referred to in paragraph (1)(c).
(5) The council may attach such terms and conditions to a permit issued under this section as the council considers appropriate.
(6) Subsections 28(3) and (4) apply in respect of the issuance of a permit under this section with such changes as the circumstances require.
(7) A firm that is the holder of a permit is, subject to any terms and conditions attached to the permit, entitled to practise architecture in the name of the firm if it does so under the direct supervision of one or more architects, restricted practitioners or licensees.
(8) Section 20 applies in respect of an application for the issuance of a permit with such modifications as the circumstances require. SNWT 2023,c.7,s.3(4).
Restriction on registration
30.(1) A licensee or permit holder shall not be registered as a member.
(2) A licence or a permit expires, unless revoked sooner, on the later of
(a) December 31 next following the date of issuance or renewal; or
(b) the expiry of the suspension, if any, of the licence or permit.
(3) A licence or a permit remains the property of the Association and may be reclaimed by the Registrar on the revocation of the licence or permit.
Roll
31.(1) The Registrar shall maintain a record of licensees and permit holders called the Roll in which shall be entered the information that is required to be recorded by this Act or the bylaws.
(2) The Roll shall be
(a) kept at the office of the Association; and
(b) open for inspection by any person at any time that the offices of the Association are open.
(3) The Registrar shall cause copies of the Roll to be printed and published annually.
(4) Where the licence or permit of a person is revoked by the council, the Registrar shall strike the name of the person from the Roll.
Stamping or Sealing Documents
Definition: "authorized practitioner"
32.(1) In this section, "authorized practitioner" does not include a graduate architect.
(2) The Registrar shall issue a stamp or seal to every authorized practitioner in accordance with the bylaws.
(3) Every authorized practitioner shall, in accordance with the bylaws, stamp or seal the plans, designs, drawings, specifications, reports and similar documents that are prepared by, or under the direct supervision of, the authorized practitioner.
(4) Every authorized practitioner shall, on ceasing to be an authorized practitioner, surrender to the Registrar the stamp or seal issued by the Registrar.
(5) An authorized practitioner shall not acquire a stamp or seal for the purposes referred to in subsection (3) from any source other than the Registrar and the stamp or seal may be used only while the authorized practitioner is entitled to practise architecture. SNWT 2023,c.7,s.3(4),(9).
Certificate
Certificate of Registrar
33.A certificate purporting to be signed by the Registrar and stating that a named person was or was not, on a specified day or during a specified period,
(a) a member, or a member whose registration was suspended, according to the Register;
(b) a licensee or permit holder, or a licensee or permit holder whose licence or permit was suspended, according to the Roll; or
(c) a member of the council or of a committee of the Association, or an officer of the Association, according to the records of the Association,
shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate without proof of the appointment or signature of the Registrar.
PART 4
DISCIPLINE
Complaints Review Committee
Definitions
34.In this Part,
"Committee" means the Complaints Review Committee; (comité)
"conduct" includes any act or omission; (conduite)
"investigator" means an investigator designated under subsection 39(1). (enquêteur)
Complaints Review Committee
35.(1) The council shall establish a Complaints Review Committee composed of at least three members appointed by the council in accordance with the bylaws.
(2) A member who is a council member or a graduate architect may not be appointed to serve on the Committee under subsection (1) or (3).
(3) The council may, in accordance with the bylaws, appoint one of the members as an alternate member of the Committee to act in respect of any complaint or matter that comes before the Committee where a member of the Committee is temporarily absent, incapacitated or unable to act and, in such circumstances, the alternate member shall act as a member of the Committee.
(4) Notwithstanding subsections (1) or (3), the council may appoint a licensee as one of the members of the Committee or as an alternate member.
(5) The council shall designate one member of the Committee to be the chairperson.
(6) Two members of the Committee constitute a quorum.
(7) Subject to this Act and the bylaws, the council may make rules
(a) providing for the composition of the Committee and the terms of office of its members; and
(b) governing proceedings of the Committee.
Continued Service of Members
Continued service of member
36.For the purpose of completing and reporting on any complaint or matter relating to discipline begun while a person served as a member of the council or the Committee, a person shall, notwithstanding the expiry of his or her membership, continue to serve on the council or Committee until the complaint or matter has been concluded.
Improper Conduct
Improper conduct
37.(1) The question of whether an authorized practitioner is guilty of improper conduct shall be decided by the council or, on appeal, by the Supreme Court.
(2) For the purposes of this Act, an authorized practitioner is guilty of improper conduct if he or she has engaged in conduct that in the judgment of the council, or of the Supreme Court on appeal,
(a) constitutes professional misconduct, gross negligence, incompetence or misrepresentation; or
(b) is contrary to the best interests of the public or the profession of architecture.
Complaints
Complaints
38.(1) A person who wishes to make a complaint that an authorized practitioner has been guilty of improper conduct may file with the Registrar a complaint in a form acceptable to the Registrar.
(2) A complaint respecting the conduct of an authorized practitioner whose registration, licence or permit has been revoked or suspended may, notwithstanding the revocation or suspension, be filed within one year of the revocation or suspension and subsequently dealt with under this Part as if the revocation or suspension had not occurred.
(3) On the filing of a complaint, the Registrar shall without delay refer it to a mediator in the circumstances described in subsection (4) or, in all other circumstances, to the Committee.
(4) A person designated by the council as a mediator may assist in settling a complaint if the complainant and the authorized practitioner against whom the complaint is made so agree.
(5) The mediator shall refer a complaint to the Committee where a settlement of the complaint
(a) is not achieved within 30 days after the designation of the mediator or within such longer period as may be agreed to by the parties; or
(b) is not likely to be achieved, in the opinion of the mediator.
Preliminary Investigation
Preliminary investigation
39.(1) Where
(a) a complaint has been referred to the Committee, or
(b) in the absence of a complaint, the council or Committee are of the opinion that there is a matter respecting the conduct of an authorized practitioner that ought to be investigated,
the Committee shall designate in writing a person as an investigator to conduct a preliminary investigation of the complaint or matter.
(2) The investigator shall act under the direction of the Committee and the Committee may employ, at the expense of the Association, any legal or other assistance for the investigator or itself that it considers necessary in respect of any preliminary investigation.
(3) The council may, subject to this Act and the bylaws, make rules of procedure respecting the conduct of preliminary investigations.
Inquiries and production of documents
40.(1) For the purposes of conducting a preliminary investigation of a complaint or matters an investigator may
(a) make oral or written inquiries of any person who has or may have information relevant to the complaint; and
(b) demand the production for examination and the making of copies of documents and records that are or may be relevant to the complaint.
(2) If a person refuses or fails to respond to any inquiry or to comply with a demand made by an investigator under subsection (1), the investigator may apply to the Supreme Court for an order requiring the person to respond to the inquiry or to comply with the demand, as the case may be.
(3) On completing a preliminary investigation, an investigator shall report all findings to the Committee.
Notice of preliminary investigation
41.(1) The Committee shall, at least 10 days before any preliminary investigation is commenced, give the authorized practitioner whose conduct is under investigation written notice that an investigation will be conducted.
(2) The written notice must specify the complaint or matter to be investigated.
Defence by written submission
42.The authorized practitioner whose conduct is to be investigated must be given a reasonable opportunity to submit to the investigator a written statement respecting the complaint or matter under investigation before the investigator submits a report of his or her findings.
Procedure after investigation
43.(1) After reviewing an investigator’s report and any written statement submitted under section 42, the Committee shall either
(a) direct that no further action be taken if it is of the opinion that the complaint or matter is frivolous or without basis or is of such a nature that, if proven, would not constitute improper conduct, or
(b) direct that a hearing be held in respect of the complaint or matter under investigation,
and shall provide a written notice of and the reasons for the direction to the council, the complainant, if any, and the authorized practitioner whose conduct is under investigation.
(2) Where, following a complaint, a direction is made under paragraph (1)(a), the complainant, if any, may, within 60 days after receiving written notice of the direction, appeal against the direction to the Supreme Court, which may dismiss the appeal or direct that a hearing be held in respect of the complaint.
(3) An order made under subsection (2) is final and conclusive.
Hearing
Duty of council
44.(1) The council shall, at the direction of the Committee, conduct a hearing in respect of the complaint or matter under investigation.
(2) The council shall, at least 30 days before a hearing is commenced, give to the complainant, if any, and the authorized practitioner whose conduct is under investigation, a written notice respecting the date, time and place at which the hearing will be held and specifying the complaint or matter to be investigated.
Assistance in hearing
45.(1) The council may employ, at the expense of the Association, any legal or other assistance that it considers necessary for the conduct of any hearing.
(2) The complainant, if any, has the same right to attend and be heard at the hearing as the authorized practitioner whose conduct is under investigation.
(3) The complainant, if any, and the authorized practitioner whose conduct is under investigation may be represented by an agent or by legal counsel at a hearing.
(4) Hearings must be held in private unless the authorized practitioner whose conduct is under investigation requests otherwise, but the Registrar or a person designated by the Registrar may attend all hearings.
(5) The council may, subject to this Act and the bylaws, make rules of procedure respecting the conduct of hearings.
Non- attendance at hearing
46.If the authorized practitioner whose conduct is the subject of inquiry does not attend the hearing, the council, on proof of the proper service of the notice of the hearing, may proceed with the hearing and take any action authorized by this Act without further notice to that authorized practitioner.
Notice to attend hearing
47.(1) The attendance of a witness before a hearing and the production of books, papers, plans, specifications, contracts and other documents may be enforced by a notice issued by the Registrar under the seal of the Association requiring the witness to attend and stating the time and place at which the witness is to attend and the documents, if any, that the witness is required to produce.
(2) On the written request of the authorized practitioner whose conduct is being investigated, or of his or her lawyer or agent, the Registrar shall, without charge, issue and deliver the notices that the authorized practitioner or his or her counsel or agent may require for the attendance of witnesses or production of documents.
(3) For the purpose of obtaining the testimony of a witness who is outside of the Northwest Territories, a judge of the Supreme Court, on application ex parte by the Registrar or the authorized practitioner, may direct the issuing of a commission for the obtaining of the evidence of the witness under the Rules of the Supreme Court.
(4) Subject to this Act, hearings must be conducted in accordance with the rules of natural justice.
(5) The council is not bound by the rules of evidence pertaining to actions and proceedings in courts of justice, but may proceed to ascertain the facts in the manner that it considers proper.
(6) Any council member or the Registrar may administer an oath to a witness who is to give evidence before the council.
(7) A witness, other than an authorized practitioner whose conduct is being investigated, who has been served with a notice to attend or a notice for the production of documents is entitled to be paid the usual fees payable to witnesses in an action in the Supreme Court by the party requiring the witness to attend or to produce.
Civil contempt
48.Proceedings for civil contempt of court may, on application to a judge of the Supreme Court in accordance with the Rules of the Supreme Court, be brought against a witness
(a) who fails
(i) to attend before a meeting of the council after receiving a notice to attend,
(ii) to produce any books, papers, plans, specifications or other documents as required by a notice to produce them, or
(iii) in any way to comply with a notice referred to in subparagraph (i) or (ii); or
(b) who refuses to be sworn or to answer any question allowed by the council before whom the hearing is proceeding.
Compellable witness
49.(1) An authorized practitioner and any other person, who in the opinion of the council, has knowledge of any complaint or conduct being investigated is a compellable witness at a hearing at which that complaint or conduct is being investigated.
(2) An authorized practitioner whose conduct is being investigated may, at a hearing, be examined on oath on all matters relevant to the investigation and shall not be excused from answering a question on the ground of professional privilege or on the ground that the answer might
(a) tend to incriminate the authorized practitioner,
(b) subject the authorized practitioner to punishment under the disciplinary provisions of this Act, or
(c) tend to establish the liability of the authorized practitioner
(i) to a civil proceeding at the instance of the Government of the Northwest Territories or any person, or
(ii) to prosecution under an Act of the Northwest Territories or an Act of Canada,
but if the answer so given
(d) tends to incriminate the authorized practitioner,
(e) subjects the authorized practitioner to punishment, or
(f) tends to establish the liability of the authorized practitioner,
it may not be used or received against the authorized practitioner in any civil proceedings or in any proceedings under any other Act of the Northwest Territories, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.
Decision
Action where conduct not unbecoming
50.(1) If, on completion of a hearing, the council decides that the conduct under investigation is not improper conduct, the council shall
(a) dismiss the complaint or take no further action on the matter; and
(b) give the complainant, if any, and the authorized practitioner whose conduct has been under investigation written notice of its decision.
(2) If, on completion of a hearing, the council
(a) decides that the conduct under investigation is improper conduct, and
(b) considers that the conduct is not of such gravity or importance as to warrant making an order under subsection (3) against the authorized practitioner,
the council may
(c) reprimand the authorized practitioner, and
(d) by order, attach such terms and conditions and for such period of time, as the council considers appropriate, to his or her registration, licence or permit.
(3) If, on completion of a hearing, the council
(a) decides that the conduct under investigation is improper conduct; and
(b) considers the conduct to be sufficiently grave to merit making an order under this provision,
the council may, by order,
(c) in the case of a member,
(i) suspend the member’s registration for the period that the council considers appropriate, or
(ii) revoke the member’s registration; and
(d) in the case of a licensee or permit holder,
(i) suspend the person’s licence or permit for the period that the council considers appropriate, or
(ii) revoke the person’s licence or permit.
(4) The council may order that a person whose registration, licence or permit is to be revoked under this section must
(a) pass examinations set by the Registration and Licensing Review Committee, and
(b) pass a particular course of study or obtain experience generally or in a field of practice satisfactory to the Registration and Licensing Review Committee,
before the council reinstates that person as an authorized practitioner.
(5) Where the permit of a firm is to be revoked under this section, any architect or a restricted practitioner who has been directly supervising the practice of architecture by the firm may be required by the council to comply on behalf of the firm with an order under subsection (4).
(6) Notwithstanding anything in this Act, the council shall not approve the registration as a member, nor the issuance of a licence or a permit to, any person whose registration, licence or permit has been revoked under this section, unless the council is satisfied that the person has complied with any order made under subsection (4).
Other orders
51.(1) The council, in addition to a reprimand, or in addition to or in the place of an order under subsection 50(3), may order
(a) the authorized practitioner to pay a fine not exceeding $5,000 to the Association within the time fixed by the order;
(b) the authorized practitioner to pay to the Association the costs of the hearing in an amount and within the time fixed by the council; and
(c) that the authorized practitioner’s registration, licence or permit be suspended in default of payment of a fine or costs ordered to be paid, until the fine or costs are paid.
(2) An order made under section 50 or this section must be in writing and must state the findings made by the council and the reason why the findings and order were made.
Notice to complainant
52.On the final disposition of a complaint or matter, the council shall, without delay, serve its order on the complainant, if any, and the authorized practitioner whose conduct is the subject matter of the order.
Effect of suspension or revocation
53.(1) Subject to subsection (2), where an authorized practitioner’s registration, licence or permit is suspended or revoked, the authorized practitioner shall not practise architecture
(a) during the suspension, or
(b) after the revocation,
unless and until the registration, licence or permit is reinstated on application in accordance with the bylaws.
(2) The authorized practitioner may continue to practise with the written approval of the council for the purpose of completing work started by him or her before the suspension or revocation.
(3) For greater certainty, a member whose registration is suspended ceases to be in good standing for the purposes of section 26. SNWT 2023,c.7, s.3(4),(6).
Appeal
Right to appeal
54.(1) An authorized practitioner whose registration, licence or permit has been suspended or revoked, may appeal any finding or order of the council to the Supreme Court within 60 days after service of the order was effected on that authorized practitioner.
(2) An appeal, notice of which must be served on the Registrar, must be founded on
(a) a copy of the proceedings before the council;
(b) the evidence taken; and
(c) the order of the council.
(3) The Registrar shall, on the request of any authorized practitioner wishing to appeal, provide that authorized practitioner with a certified copy of all proceedings, reports, orders and papers on which the council acted in making the order appealed against.
Stay of order
55.An appeal to the Supreme Court does not operate as a stay of the finding or order of the council in respect of which this appeal is made, but the Supreme Court may grant a stay, in whole or in part and on the terms that the Supreme Court considers reasonable, until the appeal is decided.
Power of the Supreme Court
56.(1) The Supreme Court may, on hearing an appeal made under subsection 54(1),
(a) make any finding that in its opinion ought to have been made; and
(b) make any order that it considers just in the circumstances.
(2) The appellant shall notify the Registrar of any finding or order made by the Supreme Court.
PART 5
GENERAL
Miscellaneous
Definition: "electronic transmission"
57.(1) In this section, "electronic transmission" includes a transmission by fax or computer.
(2) Where this Act requires that a notice or document be given to or served on any person by the council or the Complaints Review Committee, the notice or document may be
(a) served personally on an individual;
(b) served on a firm by leaving it with a director, partner, officer or agent of the firm; or
(c) mailed by registered mail or sent by electronic transmission
(i) to the person’s latest postal or electronic address on the Register or the Roll, if the person is an authorized practitioner; or
(ii) to the person’s usual place of business or residence, if the person is not an authorized practitioner.
Protection from liability
58.(1) No action lies against a council member, a member of a committee of the Association, the Registrar, an investigator, a mediator or any officer or employee of the Association for anything done or not done by that person in good faith and in purporting to act under this Act or the bylaws.
(2) No action for defamation may be founded on a communication that consists of or pertains to a complaint or matter regarding the conduct of an authorized practitioner if the communication is published to or by the council or a committee of the Association, the Registrar, an investigator, the Association or any officer or employee of the Association in the course of inquiring into the complaint or matter or in the course of any proceedings relating to the complaint or matter.
Restriction
59.A person is not entitled to recover in a court a fee or remuneration for services rendered or work done contrary to this Act.
Moneys belonging to Association
60.All fees, costs or other money payable to the Association by an authorized practitioner under this Act and any fines imposed by the council are the property of the Association and must be paid to the treasurer. SNWT 2023,c.7,s.3(10)
Registrar’s certificate
61.A copy of
(a) any bylaw or resolution of the Association,
(b) any resolution, order or decision of the council or a committee of the Association,
(c) any proceedings before the council or a committee of the Association, including any complaints, reports or other documents acted on by the council or a committee of the Association,
(d) any notice issued by the council, a committee of the Association or the Registrar, and
(e) any other document or official act of the Association,
shall, if the copy purports to be certified by the Registrar under the seal of the Association, be accepted in any court as evidence of the bylaw, resolution, order, decision, proceedings, notice, document or act without proof of the official character or handwriting of the Registrar or the official character of the seal.
Offences and Punishment
Fraud
62.Every person who wilfully procures registration, or a licence or a permit by making or procuring or causing to be made or procured a false or fraudulent representation or declaration, either orally or in writing, and every person who knowingly aids or assists that person, is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.
Practice
63.Every person who contravenes sections 10 and 11 is guilty of an offence and liable on summary conviction
(a) for the first offence, to a fine not exceeding $5,000; and
(b) for each subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months or to both.
General offence and punishment
64.Every person who contravenes a provision of this Act for which no specific punishment is provided is guilty of an offence and liable on summary conviction to a fine not exceeding $2,000.
Limitation period
65.A prosecution for an offence under this Act may not be commenced more than two years after the day when the offence is alleged to have been committed.
Proof of offence
66.In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or prosecuted for the offence.
Repealed, SNWT 2006,c.23,s.1(3).
Repealed, SNWT 2006,c.23,s.1(3).
Repealed, SNWT 2006,c.23,s.1(3).