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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"architect" or "member" means an individual who is a member of The Architectural Institute of British Columbia;
"architectural corporation" means a corporation for which a certificate of practice has been issued;
"architectural firm" means a sole proprietorship, partnership or corporation entered on the register of the institute;
"building" means a structure consisting of foundations, walls or roof, with or without other parts;
"certificate of practice" means a certificate of practice issued under section 24.2 and includes a renewal of a certificate of practice;
"licensee" means a person licensed under section 31;
"register" means the register of The Architectural Institute of British Columbia referred to in section 26;
"registrar" means the registrar appointed under section 19.
Historical Note(s): RS1960-16-2; 1990-58-1; 1992-30-1.
2. (1) The Architectural Institute of British Columbia is continued as a corporation and referred to in this Act as the institute.
(2) The institute
(a) has perpetual succession;
(b) shall have a common seal;
(c) may sue and be sued;
(d) may acquire and dispose of property; and
(e) may borrow money and mortgage or otherwise encumber the property of the institute to secure money borrowed for the purposes of the institute.
Historical Note(s): RS1960-16-3; 1979-2-4.
3. The members of the institute shall be
(a) those persons who were, on March 15, 1955, registered members of the institute and resident in the Province;
(b) those persons who are subsequently registered as members.
Historical Note(s): RS1960-16-4.
4. The head office of the institute shall be in the City of Vancouver.
Historical Note(s): RS1960-16-5.
5. There shall be a council of the institute (the "council") which, subject to this Act and the bylaws of the institute, shall govern the affairs of the institute and may by resolution make rules necessary for that purpose.
Historical Note(s): RS1960-16-6.
6. (1) The council shall consist of 12 members.
(2) The Lieutenant Governor in Council shall appoint 2 members to hold office during pleasure, one of whom need not be a member of the institute.
(3) Where at the time the Lieutenant Governor in Council makes appointments under subsection (2) there is no member of the council who is a member of the faculty of the School of Architecture of The University of British Columbia, one of those appointed shall be a member of the faculty.
(4) Ten members shall be elected by and from the members of the institute.
Historical Note(s): 1981-20-2, proclaimed effective July 30, 1981.
7. Any member of the institute in good standing is eligible for nomination and election as a member of the council. A retiring member of the council is eligible for re-election.
Historical Note(s): RS1960-16-9,10.
8. (1) An election for members of council to fill vacancies then occurring shall be held on the day fixed for the annual meeting of the institute. Each person elected shall, subject to this Act, hold office until the election held on the day fixed for the annual meeting in the second calendar year following election.
(2) If no election is held on the day fixed, the members of council remain in office until their successors are elected. The council may fix a day for an election. The term of office of persons elected at that election expires on the same day as if the election had been held on the day originally fixed.
Historical Note(s): RS1960-16-11.
9. Only members of the institute in good standing may vote.
Historical Note(s): RS1960-16-13.
10. (1) A candidate who receives the highest number of votes shall be deemed elected.
(2) In the event of an equality of votes, the person last holding the office of president, if not one of the candidates, may resolve the tie, otherwise the council may fix a day for a tie breaker election.
(3) Immediately after an election the registrar shall certify the persons elected as members of the council.
(4) The certificate is, subject to section 11, conclusive evidence that the persons named have been elected members of the council.
Historical Note(s): RS1960-16-12.
11. (1) A member of the institute may question a certificate of election of a person within 30 days of the date of the certificate by petition to the Supreme Court setting forth the grounds on which he questions the certificate.
(2) The petition shall be served on the registrar and on the person certified to be elected.
(3) A petition shall be heard in a summary way. The court may give directions on procedure and other persons to be served with the petition.
(4) The court may decide that a person was elected or may order a new election and give directions. A decision of the court is not subject to appeal and the institute and all other persons shall be governed by it.
(5) After an election under this section, the registrar shall certify the person elected a member of the council at that election. The certificate has the same effect as a certificate following the annual election.
(6) The term of office of a person elected under this section expires on the same day as if he had been elected at the questioned election.
Historical Note(s): RS1960-16-14.
12. A member of the council ceases to hold office if he
(a) resigns by notice in writing delivered to the registrar;
(b) ceases to be a member in good standing of the institute;
(c) is absent from 3 consecutive meetings of the council, unless excused by the council;
(d) ceases to reside in the Province;
(e) becomes a mentally disordered person.
Historical Note(s): RS1960-16-15.
13. (1) In the event of a vacancy among the elected members of council, the remaining members of council shall, within one month, appoint a member of the institute in good standing to be a member of the council.
(2) and (3) [Repealed 1981-20-3, proclaimed effective July 30, 1981.]
(4) The term of office of a person elected or appointed under this section is for the unexpired portion of the term of the member previously occupying the place on the council to which he is elected or appointed.
Historical Note(s): RS1960-16-16; 1981-20-3, proclaimed effective July 30, 1981.
14. Subject to this Act, the council may make rules regulating council meetings. Failure of a council member to receive a notice does not, if he attends the meeting, invalidate the meeting.
Historical Note(s): RS1960-16-17,19.
16. All acts of the council shall be decided by a majority of members present. Each member present has one vote. The chairman does not have a second or casting vote. On an equality of votes, the question is lost.
Historical Note(s): RS1960-16-21,22.
17. A resolution signed by all members of council has the same effect as a resolution passed at a regularly convened meeting of council.
Historical Note(s): RS1960-16-18.
18. Council members may be paid the fees for attendance and reasonable travelling and other expenses fixed by bylaw of the institute.
Historical Note(s): RS1960-16-20.
19. (1) At its first meeting after an election the council
(a) shall elect from its members a president, one or more vice presidents and a treasurer,
(b) shall appoint a member of the institute as registrar, and
(c) may appoint other officers.
(1.1) An appointed person holds office during pleasure of the council.
(2) The elected members shall, if they continue as members of council and subject to the pleasure of the institute, hold office until the conclusion of the next annual meeting.
(3) The council may fix the salaries or fees, if any, to be paid to an appointed person, to employees of the council or institute and to examiners appointed under this Act.
Historical Note(s): RS1960-16-23; 1981-20-4, proclaimed effective July 30, 1981.
20. The council may appoint committees or boards and delegate to them powers as it sees fit. The president is a member of all committees. The council may remove a member of a committee.
Historical Note(s): RS1960-16-24,25.
21. (1) The institute shall hold an annual meeting in each year at a time and place the council designates.
(2) The council may call a meeting of the institute at any time and shall call a meeting on the written request of 15 members.
(3) The council shall give written notice of a meeting to each member of the institute in good standing, not less than 15 days prior to the meeting, by prepaid post addressed to the residence of the member as shown on the register.
(4) The president or, in his absence, the vice president shall preside at all business meetings of the institute. In their absence a chairman shall be elected by the meeting.
(5) A quorum at a meeting of the institute is 10 members in good standing, or a greater number fixed by bylaw of the institute.
(6) Each member in good standing present at a meeting of the institute has one vote.
Historical Note(s): RS1960-16-26(1,3 to 8); 1979-2-5.
22. (1) The president shall report on the affairs of the institute at each annual meeting and file the auditors' report for the last fiscal year.
(2) Auditors shall be appointed at each annual meeting and shall hold office until their successors are appointed.
Historical Note(s): RS1960-16-26(2,9).
23. (1) The institute may, subject to this Act, make bylaws considered necessary for the regulation of the institute, its members, architectural firms, licensees, associates and students. The bylaws may, among other things, provide for
(a) institute meetings;
(b) the nomination and election of the council;
(c) admission to the practice of the profession of architecture, and as a student;
(d) the course of study for students, their examination and the period, if any, for passing examinations as a condition of continuing as a student;
(e) the fixing by the council of fees or fines payable to the institute and, in the case of fees payable on registration or being licensed, designating, if the council considers it advisable, different classes of applicants;
(f) a tariff of fees for an architect's services;
(g) the conduct, discipline and standards of honour of the institute's members, architectural firms, licensees, associates and students, and the maintenance of the dignity and honour of the profession;
(h) a code of ethics and professional conduct for members, architectural firms, licensees, associates and students, and prohibiting acts or conduct by them deemed by the institute unprofessional or detrimental to the welfare of the profession;
(i) the requiring of members, architectural firms and licensees to maintain insurance that provides indemnity against professional liability claims and, for that purpose, acting as agent for the members, architectural firms and licensees in obtaining that insurance;
(j) establishing, administering, maintaining and operating a professional liability insurance scheme utilizing fees paid under paragraphs (k) and (l);
(k) the fixing by the council of fees or levies for professional liability insurance, including establishing classes of registrants, and allowing the council to exempt a registrant or class of registrant from payment of all or part of the fees or levies;
(l) designating classes of practice with respect to which a fee is payable by a registrant to the institute to fund the professional liability insurance scheme and allowing the council to fix the amount of the fee for each class of practice;
(m) the registering of architectural firms, including establishing the terms and conditions under which a firm is entitled to be registered and establishing different classes of firms;
(n) appropriate inclusions and exclusions in the name of an architectural firm and the approvals that must be obtained before such a name is chosen;
(o) the disposition of shares of a member of an architectural firm if the member ceases to be a member, is suspended from practice, is removed from the register or dies;
(p) the kinds of activities which may be undertaken by an architectural firm;
(q) the issue and renewal of certificates of practice, including
(i) fixing fees by the council for the obtaining of a certificate of practice or a renewal of a certificate of practice, and
(ii) establishing different classes of certificates of practice.
(2) The bylaws, fees and levies under subsection (1) may be different for different classes of members, architectural firms, licensees, associates or students.
Historical Note(s): RS1960-16-27(1); 1986-16-1, effective July 18, 1986 (B.C. Reg. 170/86); 1990-58-2; 1992-30-2.
24. (1) The registrar must file with the minister a certified copy of each bylaw made under this Act within 7 days of its making.
(2) A bylaw comes into force 45 days after it is filed under subsection (1) unless the Lieutenant Governor in Council disallows the bylaw within this 45 day period.
Historical Note(s): 1992-30-3.
24.1 (1) The council may permit the registration of a sole proprietorship, partnership or corporation as an architectural firm.
(2) The council may not permit the registration of a corporation under subsection (1) unless the council is satisfied that
(a) the corporation is incorporated under the Company Act and is in good standing under that Act,
(b) the majority of the voting shares and of the non voting shares of the corporation are legally and beneficially owned by architects,
(c) the majority of the directors of the corporation are architects,
(d) the chief executive officer of the corporation is an architect, and
(e) all of the persons who will be practising architecture on behalf of the corporation are architects or are under the direct supervision of an architect who is a continuing employee or shareholder of the corporation.
(3) The council may refuse to register a corporation under subsection (1) if
(a) the corporation has previously had its certificate of practice or registration cancelled, or
(b) a shareholder of the corporation was a shareholder of a corporation that previously had its certificate of practice or registration cancelled.
Historical Note(s): 1992-30-3.
24.2 (1) The council may issue a certificate of practice to an architectural firm, member or licensee.
(2) A person must not practise or offer to practise the profession of architecture unless the person
(a) is a holder of a current certificate of practice, or
(b) practises as authorized by this Act through an architectural firm that is a holder of a current certificate of practice.
Historical Note(s): 1992-30-3.
24.3 A corporation that has words as part of its name to indicate that it practises architecture must not carry on any business unless it holds a valid certificate of practice.
Historical Note(s): 1992-30-3.
25. Subject to this Act and the bylaws, an architectural corporation may practise or offer to practise the profession of architecture through one or more persons each of whom is
(a) an architect, or
(b) an employee of the architectural corporation under the direct supervision of an architect who is a continuing employee or a shareholder of the architectural corporation.
Historical Note(s): 1992-30-3.
25.1 A shareholder of an architectural corporation must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not an architect in good standing the authority to exercise the voting rights attached to any or all of the shares if the exercise of those voting rights could result in persons who are not architects holding the majority voting control of the architectural corporation.
Historical Note(s): 1992-30-3.
25.2 (1) The liability for professional negligence of an architect carrying on the practice of architecture is not affected by the fact that the architect is carrying on that practice as an employee on behalf of an architectural corporation.
(2) The relationship of an architect to an architectural corporation, whether as a shareholder, director, officer or employee of the corporation, does not affect, modify or diminish the application to the architect of the provisions of this Act and the bylaws made under it.
(3) Nothing in this Act affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships between an architect and a person receiving the professional services of the architect.
(4) The relationship between an architectural corporation carrying on business as permitted under this Act and a person receiving architectural services provided by the architectural corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between an architect and the architect's client.
Historical Note(s): 1992-30-3.
25.3 All shareholders, directors, officers and employees of an architectural firm may be
(a) compelled to give evidence at a proceeding under this Act, or
(b) required to produce all files and records that are in their possession or power and that are relevant to matters raised in a proceeding under this Act.
Historical Note(s): 1992-30-3.
26. (1) The registrar must keep the register of The Architectural Institute of British Columbia in which must be entered, on application or on direction of the council, the name, the residence or business address and other particulars directed by the council respecting
(a) each person registered under section 29, 30, 32 or 33,
(b) each architectural firm registered under section 24.1, and
(c) each member, architectural firm or licensee holding a current certificate of practice.
(2) A person whose name is entered in the register is registered unless the registration is cancelled or the person is suspended from practice.
Historical Note(s): 1992-30-3.
27. (1) A member in good standing may, in writing, voluntarily resign from the institute. His name shall be removed from the register and he ceases to be a member of the institute.
(2) The council, on conditions it determines, may restore to the register the name of a person who resigned under this section.
Historical Note(s): RS1960-16-30.
28. (1) The council may remove from the register a name or other entry which has, in its opinion, been entered by fraud or misrepresentation or has been incorrectly made.
(2) The registrar shall promptly notify, in writing, the person whose name or entry has been removed under this section. The person may at any time apply to have his name or the entry restored to the register. The council may in its discretion refuse to restore the name or entry.
Historical Note(s): RS1960-16-31.
29. (1) A person who is at least 19 years of age, who produces evidence satisfactory to the council of identification, good moral character, his qualifications and, if he has practised as an architect, of good professional conduct, and any further information required by the council, and who passes examinations required by the institute or the council is entitled, on payment of the fee for registration, to be registered under this Act, if he is
(a) a member of an organization governing the practice of architecture in a jurisdiction where the architectural training required for admission is approved by the council, is entitled to practise architecture in that jurisdiction, and has, within 5 years prior to his application for membership in the institute, been for 2 years engaged in the practice of architecture in that jurisdiction, or actively employed in the office of a practising member of the institute or a practising architect approved by the council;
(b) [Repealed 1986-16-2, effective July 18, 1986 (B.C. Reg. 170/86).]
(c) a graduate of a school of architecture in a course approved by the council and who, subsequent to graduation and within 5 years prior of his application for membership, has for a cumulative total of 3 years been actively engaged in the practice of architecture or employed in the office of a member of the institute or a practising architect approved by the council; or
(d) a person who has, for 5 years, served as a student under articles with a practising member of the institute, or actively served as a student outside of the Province with a practising architect approved by the council; who has passed the examinations required by the council, and who has, subsequently and within 5 years prior to his application for membership in the institute, been employed for a cumulative total of 3 years in the office of a member of the institute or a practising architect approved by the council.
(2) The council may reduce the 3 year period referred to in subsection (1) (c) and (d) to not less than 2 years where the applicant has other related experience that the council accepts as part of the 3 years.
Historical Note(s): RS1960-16-32; 1985-68-8, effective December 13, 1985 (B.C. Reg. 392/85); 1986-16-2, effective July 18, 1986 (B.C. Reg. 170/86); 1990-58-3.
30. The council may admit to registration in the institute a person nominated in writing for membership by 5 members of the institute and who has passed an examination required by council, if he has
(a) for 15 years, been employed in the office of a member or members of the institute;
(b) for 15 years, been employed in the office of a person outside the Province who, in the opinion of the council, is a qualified and capable architect; or
(c) for 8 years, practised as a qualified architect outside the Province.
Historical Note(s): RS1960-16-33; 1985-68-9, effective December 13, 1985 (B.C. Reg. 392/85).
31. (1) On payment of the specified fee the council may grant to an architect a temporary licence to practise as an architect in the Province in collaboration with an architect registered under this Act.
(2) The temporary licence may be for the period of time determined by the council, may be restricted to a specified architectural work within the Province and may be cancelled by the council for a breach of the licence.
(3) A person who, on March 15, 1955, was registered as a member of the institute but not a resident of the Province shall be deemed, from that date, to hold a temporary licence to continue for the period of time determined by the council.
Historical Note(s): RS1960-16-35; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
32. (1) The institute may confer honorary membership on a person nominated by the council, including a person who, in the council's opinion, has been outstanding in the practice of architecture or in service to the institute.
(2) Honorary membership confers all the rights of ordinary membership, but no fees are payable and an honorary member may not, by reason only of his membership under this section, practise architecture unless he has actively practised the profession.
Historical Note(s): RS1960-16-36.
33. The council may admit any person as an associate of the institute, may divide associates into different classes and fix the qualifications for each class.
Historical Note(s): RS1960-16-37.
34. An associate is not entitled to vote, hold office in the institute or receive notices and may only practise the profession of architecture as an employee working for and under the supervision of a member of the institute.
Historical Note(s): RS1960-16-38.
35. The council shall admit as a student an applicant who is, in the opinion of the council, of good moral character, and deposits with the secretary the particulars and evidence of qualifications required by the council, pays the specified fee, and has either
(a) graduated from a university approved by the council;
(b) passed the senior matriculation examination of the Province;
(c) passed an examination which, in the opinion of the council, is equivalent to senior matriculation; or
(d) passed the preliminary examination specified by the council.
Historical Note(s): RS1960-16-64(a,b,c); 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
36. (1) A student shall, within 30 days after his admission, enter into articles with a member in good standing of the institute and file with the registrar a duplicate original of the agreement with an affidavit of execution.
(2) A student who fails to comply with subsection (1) ceases to be a student, but the council may extend the period of 30 days if it considers it advisable under the circumstances.
(3) This section does not apply to a student who has, within 30 days after his admission or within any further time allowed by council, entered the service as a student of an architect approved by the council and practising out of the Province.
Historical Note(s): RS1960-16-65.
37. A student shall serve a term of 5 years under articles or as a student with an approved architect practising out of the Province, and shall comply with the bylaws on examinations.
Historical Note(s): RS1960-16-66,71.
38. If the principal to whom a student is articled ceases to be a member of the institute, the student is released from the articles and shall, within 60 days or any longer period allowed by the council, enter into articles with another member and file a duplicate original of the agreement with the registrar. Otherwise he ceases to be a student at the expiration of the period.
Historical Note(s): RS1960-16-67.
39. An assignment of an agreement shall be filed with the registrar within 30 days after the assignment.
Historical Note(s): RS1960-16-68.
40. (1) The registrar may prepare a certificate under the seal of the institute specifying that
(a) a person or an architectural firm is registered or is not registered, or
(b) a person or an architectural firm currently holds or does not hold a certificate of practice.
(2) A certificate prepared under subsection (1) is evidence in any court or before any tribunal that
(a) the fact specified as described in subsection (1) is true,
(b) the signature on the certificate is the signature of the registrar, and
(c) the seal on the certificate is the seal of the institute.
Historical Note(s): 1992-30-4.
41. The register shall be open to inspection by any person whenever the office of the institute is open. A person may, for $.50, obtain a certificate under the preceding section.
Historical Note(s): RS1960-16-40.
43. A person who has been convicted of an indictable offence is not entitled to be registered. The council may remove from the register the name of an architectural firm which or member who has been convicted of an indictable offence. The council may permit a person so convicted to become or remain a member or may restore his name to the register. Registration shall not be refused and a name shall not be removed on conviction for a political offence or for an offence which should not, in the opinion of the council, either from the nature of the offence or from the circumstances of the case, disqualify a person from practising under this Act.
Historical Note(s): RS1960-16-42; 1992-30-5.
43.1 Sections 44 to 54 apply to an architectural firm as though it were an architect.
Historical Note(s): 1992-30-6.
44. The council may, and shall if requested in writing by 5 members in good standing, order an inquiry by an inquiry committee into a complaint against a member or licensee of the institute, or into the conduct, capability or fitness to practise of a member or licensee. The council shall appoint the inquiry committee consisting of not fewer than 3 council members.
Historical Note(s): RS1960-16-43.
45. (1) The inquiry committee may appoint as a member of the committee a judge of the Supreme Court.
(2) The council or inquiry committee may employ, at the expense of the institute, the legal or other assistance it may think necessary. The complainant and the person whose conduct is the subject of inquiry may be represented by counsel and submit evidence.
Historical Note(s): RS1960-16-48; 1989-40-21.
46. (1) At least 2 weeks before the first meeting of the inquiry to be held for taking evidence or otherwise ascertaining the facts a notice of the hearing shall be delivered to the complainant and the person whose conduct is the subject of inquiry. The notice shall include a copy of the complaint or a statement of the subject matter of the inquiry and shall state the time and place of hearing.
(2) The testimony of witnesses shall be taken under oath. There shall be full right to cross examine witnesses and to call other witnesses.
(3) If the complainant or the person whose conduct is being examined does not attend, the committee, on proof by affidavit or otherwise of personal delivery of the notice of hearing, may proceed with the inquiry without that person being present and make its report without further notice to him.
(4) The inquiry committee may direct that all or part of the evidence be taken down in shorthand or other method of recording, and transcribed. The chairman may administer the oath to the stenographer or person employed.
Historical Note(s): RS1960-16-49.
47. The council, inquiry committee or a party may, without leave or order, obtain from the Supreme Court a subpoena for the attendance and examination of any witness, and for the production of documents, production of which could be compelled in an action, before the inquiry committee, at the time and place stated in the subpoena. The person whose attendance is required is entitled to the conduct money and payment of expenses and for loss of time paid on attendance at a trial in the Supreme Court. Failure to attend or produce a document shall be deemed contempt of court.
Historical Note(s): RS1960-16-50.
48. (1) An inquiry committee shall find the facts and report to the council in writing.
(2) On the report from an inquiry committee, the council may reprimand or censure a member, licensee or architectural firm or suspend, for a period the council specifies, or cancel the certificate of practice, licence or registration of a member, licensee or architectural firm if the member, licensee or architectural firm, in the opinion of the council,
(a) has been unprofessional,
(b) has failed to observe a bylaw of the institute,
(c) has been negligent or guilty of misconduct in the execution of a duty of office,
(d) is unfit to practise or incapable of practising architecture, or
(e) in the case of an architectural corporation, has ceased to meet the qualifications for registration under section 24.1 (2).
(2.1) The council may, rather than cancelling the registration or the certificate of practice of an architectural firm under subsection (2),
(a) reprimand or censure a member who is an employee, officer, partner or shareholder of the architectural firm, or
(b) impose a fine on the architectural firm in an amount not exceeding $10 000.
(2.2) If the certificate of practice of an architectural corporation is cancelled under this section, the council must inform the Registrar of Companies of this action.
(3) The council may, on the terms and for the period it thinks fit, suspend its decision.
Historical Note(s): RS1960-16-44; 1992-30-7.
49. If a member, architectural firm or licensee is suspended from practice, then during the period of suspension, the member, firm or licensee shall be deemed
(a) to be removed from the register,
(b) not to be a member of the institute, and
(c) not to be the holder of a current certificate of practice,
as applicable.
Historical Note(s): 1992-30-8.
50. Where the council removes from the register the name of a person or other entry, the name or entry may only be restored to the register by the direction of the council or by order of the Supreme Court or the Court of Appeal. The council direction may dispense with a fee or require the payment of a fee fixed by council.
Historical Note(s): RS1960-16-46,47.
51. No liability is incurred by the council, an inquiry committee or a member of either body for anything done or purporting to be done in good faith under this Act.
Historical Note(s): RS1960-16-51.
52. (1) A person making a complaint before an inquiry commission, or a person suspended from practice, or whose name has been removed from the register, or whose licence has been cancelled, may appeal from the decision or direction of the council to the Supreme Court within 30 days after the decision or direction.
(2) On the hearing of an appeal, the court may confirm, reverse or amend the decision or direction, may order a further inquiry by the inquiry committee or may make any other order, on costs or otherwise, the court believes right, including restoration of a registration, termination of a suspension or reinstatement of a licence.
(3) An appeal lies from the decision of the court to the Court of Appeal within 30 days after the decision and the Court of Appeal has all the powers that may by this Act be exercised by the court appealed from.
(4) An appeal taken from a decision or direction of the council is deemed to include an appeal from the findings and report of the inquiry committee.
Historical Note(s): RS1960-16-52; 1982-7-33, proclaimed effective September 7, 1982.
53. (1) The rules of court apply to an appeal. Notice of the appeal shall be filed in a registry of the court within the time limited by section 52 (1) and the appellant shall serve a copy of the notice of appeal on the registrar of the institute within the same time.
(2) The registrar of the institute shall, on request, furnish to a person desiring to appeal, a certified copy of all proceedings, reports and documents on which the inquiry committee or council acted in making the finding, report, decision or direction complained of, and of the finding, report, decision or direction. Where the evidence on the inquiry was taken by a stenographer or other person, the registrar is not required to furnish a transcript, but the person desiring to appeal shall obtain the transcript from the stenographer or other person.
(3) The person appealing shall deposit in the court registry the certified copy and the transcript, if any. The appeal shall be heard and determined on the material filed.
(4) The person appealing shall give to the registrar of the institute 7 clear days' notice in writing of the time and place for hearing the appeal together with a copy of the material filed in the court.
Historical Note(s): RS1960-16-53.
54. An appeal or further appeal shall be heard and determined by the court on the merits, notwithstanding any want of form. The court may give directions it considers necessary to enable the proper hearing and adjudication of the appeal.
Historical Note(s): RS1960-16-54.
55. (1) The council may inquire into the conduct of an associate or student and, if it considers his conduct detrimental to the interests of the institute or contrary to its bylaws, may cancel his commission as an associate or student.
(2) The provisions of this Act for an inquiry into a charge or complaint against a member of the institute apply, so far as applicable, to an inquiry under this section.
Historical Note(s): RS1960-16-55.
57. A person is deemed to practise the profession of architecture within the meaning of this Act who
(a) is engaged in the planning or supervision of the erection or alteration of buildings for persons other than himself;
(b) by advertisement, sign or statement of any kind, written or oral, alleges or implies that he is an architect or that he is, or holds himself out as being, qualified, able or willing to do any act set out in this section.
Historical Note(s): RS1960-16-56(2).
58. Section 24.2 (2) does not prevent
(a) a person who is a professional engineer registered under the Engineers Act from practising professional engineering or from doing any act set out in paragraph (b);
(b) a chemical, civil, electrical, forest, geological, mechanical, metallurgical, mining or structural engineer from designing or supervising the erection, alteration or repair of a structure usually designed or supervised for these purposes by an engineer;
(c) a person from doing any act set out in paragraph (b) for the erection of a warehouse to store produce by an agricultural association;
(d) a person from making plans or specifications for or supervising the erection or alteration of the whole or a part of a building that is a one or 2 family dwelling on his own property, where the building or part is to be used and occupied by the person and his household;
(e) a corporation acting through members of its regular staff or other qualified persons from making plans or specifications for or supervising the erection or alteration of the whole or part of a building to be occupied and used exclusively by the corporation, its subsidiaries or lessees, as part of an industrial plant operated by it;
(f) a person employed by a registered architect as a draughtsman, student, clerk of work, superintendent or in any other capacity from acting under the supervision of the registered architect;
(g) a superintendent of buildings paid by the owner from acting under the direction and control of a member of the institute;
(h) a person from advising on, planning, designing or supervising the erection, alteration or repair of a building other than
(i) an apartment or residential building containing 5 or more dwelling units;
(ii) a hotel or similar occupancy containing 11 or more guest rooms for transient or permanent occupancy;
(iii) a commercial or industrial building, or combination of same with other occupancies, in excess of 470 m2 gross area, being the aggregate area of all floors;
(iv) a one storey building, other than a school building, to be used for public assembly, where the gross area exceeds 275 m2 or the unsupported span exceeds 9 m;
(v) a building of more than one storey, other than a school building, to be used for public assembly, where the gross area exceeds 235 m2;
(vi) a building, other than a veterinary hospital, to be used as a hospital, sanatorium or as a home for the aged and with a capacity of over 12 beds;
(vii) any other building in excess of 470 m2 gross area, being the aggregate area of all floors;
(viii) any alteration to an existing building placing it within any of subparagraphs (i) to (vii);
(i) a person employed in the actual service of Her Majesty's Forces, or in the service of the government of Canada or the Province, from acting as an architect in the course of his employment or service;
(j) a person who is employed as an architect by a public service corporation or a public utility or government ministry whose business is normally carried on in 2 or more provinces and who, by reason of his employment, is required to practise as an architect in a province other than that of his residence, from practising as an architect in the course of his employment;
(k) a landscape architect or naval architect from describing himself as such.
Historical Note(s): RS1960-16-56(3); 1966-45-2; 1974-87-2; 1977-53-1; 1977-75-1; 1981-20-5, proclaimed effective July 30, 1981; 1992-30-10.
59. A person shall not erect, alter or repair a building, or cause a building to be erected, altered or repaired under plans and specifications prepared or approved by a person in contravention of section 24.2 (2).
Historical Note(s): RS1960-16-57; 1992-30-11.
60. This Act does not require the registration under this Act of a person registered as a professional engineer under any Act of the Province relating to the practice of engineering where the professional practice of the person is confined to professional engineering.
Historical Note(s): RS1960-16-58.
61. (1) Subject to this Act, a person not registered as a member or as an architectural firm must not use or be held out under the title "architect" or any similar title or description or use, and must not advertise or be held out under any name, title, addition or description implying, or likely to lead the public to infer, that a registration under this Act applies.
(2) A person or architectural firm that does not hold a certificate of practice must not be held out or implied to hold a certificate of practice.
(3) A person not licensed under this Act must not be held out or implied to be licensed under this Act.
Historical Note(s): 1992-30-12.
62. No person shall obtain or attempt to obtain
(a) registration,
(a.1) a certificate of practice,
(b) a licence, or
(c) admission as an associate or student
under this Act for himself or for another person by intentionally making or causing to be made any false representation, either verbally or in writing.
Historical Note(s): 1986-16-3, effective July 18, 1986 (B.C. Reg. 170/86); 1992-30-13.
63. (1) A member, architectural firm or licensee must not practise architecture in partnership with a person not entitled to practise architecture, or make an agreement or arrangement or do an act that will enable the person to practise architecture contrary to this Act.
(2) A person registered or licensed under this Act may enter into a partnership with a professional engineer registered under the laws of the Province for the practice of his profession.
(3) A person is not entitled to recover in a court a fee or remuneration for services rendered or work done contrary to this Act.
Historical Note(s): RS1960-16-61; 1986-16-4, effective July 18, 1986 (B.C. Reg. 170/86); 1992-30-14.
63.1 (1) An act prohibited in section 24.2 (2), 24.3, 61, 62 or 63 (1) is a tort actionable by the institute without proof of damage.
(2) A person who contravenes any prohibition contained in section 24.2 (2), 24.3, 61, 62 or 63 (1) is liable to pay exemplary damages not exceeding $10 000 to the institute whether or not he has been convicted of an offence related to the contravention.
(3) In an action under subsection (1), it is sufficient proof of the contravention if it is proved that the defendant has committed a single act of the kind prohibited.
Historical Note(s): 1986-16-5, effective July 18, 1986 (B.C. Reg. 170/86); 1992-30-15.
64. (1) In a prosecution, it is sufficient proof of an offence under this Act if it is proved that the defendant has committed a single act of unlawful practice or has committed on one occasion any act prohibited by this Act.
(2) In a proceeding or prosecution under this Act, where it is shown that a name, title, designation or descriptive term has been used indicating that a person has held himself out, or has been held out by another person, as being an architect or registered under this Act or willing to perform architectural services, it is not necessary to prove that the name, title, designation or descriptive term was used by the defendant or with his knowledge, but the onus is on him to establish that the name, title, designation or descriptive term was not used by him or with his knowledge.
Historical Note(s): RS1960-16-62.
65. In the event of a violation or threatened violation by a person of a provision in sections 24.2 (2), 24.3, 59, 61 and 80, the institute is entitled to apply by action for an injunction to restrain the person from continuing or committing the violation. Pending adjudication of the action on application to the court showing the violation or threatened violation and on the court being satisfied that there is reason to believe that the person committed or is likely to commit the violation, the institute is entitled to an interim injunction.
Historical Note(s): RS1960-16-63; 1976-33-14; 1986-16-6, effective July 18, 1986 (B.C. Reg. 170/86); 1992-30-15.
66. The council shall, after the annual election, appoint a board to be known as the examining board, to consist of the member of the council appointed by the Lieutenant Governor in Council or a member of the institute nominated by that member, one other member of council and 4 or more other members of the institute actively engaged in the practice of architecture. The members of the examining board hold office until their successors are appointed.
Historical Note(s): RS1960-16-69; 1986-16-7, effective July 18, 1986 (B.C. Reg. 170/86).
67. Subject to approval by the council and the provisions of this Act, the examining board shall
(a) set examinations to be passed by a person under this Act;
(b) hold, supervise and mark the examinations;
(c) report the result for each candidate to the council;
(d) consider and report to council on the qualifications of an applicant for admission as a member of the institute, an associate or a student;
(e) perform other duties referred to it by the council.
Historical Note(s): RS1960-16-70.
68. The decision of the council on whether a person has or has not passed an examination is final.
Historical Note(s): RS1960-16-72.
69. (1) A person, on registration or admission as a member of the institute, architectural firm, licensee, associate or student, or on applying for examination or a certificate of practice, shall pay the fee determined by the bylaws.
(2) Every member of the institute, architectural firm, licensee, associate or student shall pay the annual fee determined by the bylaws. Annual fees are payable on or before February 1 in the year for which they are imposed.
(3) Fees are payable to the registrar or his nominee.
(4) The annual fee is a debt due to the institute and is recoverable in a court of competent jurisdiction.
Historical Note(s): RS1960-16-73(1,2,3,4,5); 1979-2-6; 1992-30-16.
70. (1) A member, architectural firm, licensee, associate or student who fails to pay his annual fee on or before February 1 ceases to be in good standing.
(2) If a member, architectural firm or licensee has not paid the annual fee within 30 days of the making of a demand for payment by the registrar by registered letter addressed to the address appearing in the register for that person or firm,
(a) that person or firm must be suspended from practice, and
(b) the registrar must cancel that person's or firm's certificate of practice and remove that person's or firm's name from the register or cancel that person's or firm's licence.
(3) A member or licensee suspended under subsection (2) who pays all annual fees payable if he had not been suspended, and any fine imposed by the bylaws shall, subject to further examination, be reinstated. The registrar shall re-enter his name in the register or reissue his licence.
Historical Note(s): RS1960-16-73(6,7); 1990-58-4; 1992-30-17.
71. The council may require a person whose name has been removed from the register for failure to pay annual fees to pass an examination before reinstatement.
Historical Note(s): RS1960-16-73(8).
72. The registrar may, subject to appeal to the council, refuse to re-enter the name of a person who he believes has been guilty of conduct for which his registration, had it continued, could have been erased or who could have been suspended from practice.
Historical Note(s): RS1960-16-73(8).
73. The council may direct that an associate or student who has failed to pay his annual fee on or before February 1 shall cease to be an associate or student.
Historical Note(s): RS1960-16-73(9).
74. (1) An architect registered under this Act shall have a seal, the impression of which shall contain the name of the architect and the words "Registered Architect, British Columbia", with which he shall stamp all working drawings and specifications prepared by him or under his supervision, direction or control.
(2) If an architect ceases to be a member of the institute, he shall promptly deliver his seal to the institute. If he again becomes a member of the institute, his seal shall be returned to him.
Historical Note(s): RS1960-16-74; 1986-16-8, effective July 18, 1986 (B.C. Reg. 170/86).
75. A member of the institute or a licensee shall not affix his seal to a plan, working drawing, detail drawing, specification or other document unless it was prepared by him or under his supervision, direction or control.
Historical Note(s): 1986-16-9, effective July 18, 1986 (B.C. Reg. 170/86).
76. The registrar, when required by the Lieutenant Governor in Council, shall send to the Provincial Secretary a return certified under the seal of the institute setting out the required information and particulars relating to the institute.
Historical Note(s): RS1960-16-76.
77. All deeds of the institute shall be signed by the president and the registrar, or another person designated by the council, and sealed with the common seal of the institute.
Historical Note(s): RS1960-16-77.
78. (1) A notice or document sent by prepaid post shall be deemed to have been received by the person to whom it is addressed at the time when the envelope containing it would be delivered in the ordinary course of the mail and in proving the sending, it is sufficient to prove that the envelope containing the notices or documents was prepaid and properly addressed and mailed.
(2) Notices and documents sent to the council or other authority shall be deemed to be properly addressed if addressed to the council or authority, or to an officer of the council or authority, at the principal place of business of the council or authority. Notices and documents sent to a person registered under this Act shall be deemed to be properly addressed if addressed to him according to his address in the register.
Historical Note(s): RS1960-16-78.
79. (1) The funds of the institute shall be paid to the treasurer and shall be applied in accordance with the rules and directions made by the council.
(2) The treasurer may invest the funds of the institute in any securities authorized by law for investment by trustees and authorized by the council.
Historical Note(s): RS1960-16-79.
80. A person must not employ, retain or engage the services of a person to practise the profession of architecture if that person is not authorized under this Act to so practise.
Historical Note(s): 1992-30-18.
81. Section 5 of the Offence Act does not apply to this Act or to a bylaw made under this Act.
Historical Note(s): 1986-16-10, effective July 18, 1986 (B.C. Reg. 170/86).
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