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4th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 20

THE ARCHITECTS AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. A130 amended

1           The Architects Act is amended by this Act.

2           The definition "architect" in subsection 1(1) is amended

(a) by striking out "enlargement," and substituting "construction, enlargement"; and

(b) in the English version, by adding "or herself" at the end.

3           Subsection 3(2) is replaced with the following:

By-laws and rules generally

3(2)        The association may make, amend and repeal

(a) by-laws

(i) for the direction and management of the association,

(ii) governing admission to the study and practice of the profession of architecture, and

(iii) dealing with any other topic about which a by-law may be made under another provision of this Act;

(b) any rules that it considers necessary or advisable to maintain the dignity and honour of the profession, including rules establishing and governing a mandatory continuing education program for members of the association.

4           Subsection 9(3) is replaced with the following:

Publication of by-laws and amendments

9(3)        A by-law of the association, or a by-law amendment, does not take effect until five days after the by-law or amendment is published on the association's website.

5           Section 14 is replaced with the following:

Discipline

14(1)       The association may, by by-law, provide for

(a) the procedures for

(i) making a complaint about misconduct or professional incompetence on the part of a member of the association or the holder of a certificate of approval,

(ii) dealing with complaints and making decisions about them, and

(iii) taking disciplinary actions in respect of a member or holder who is found to have contravened the association's by-laws or rules or committed other misconduct, or is found to have been professionally incompetent;

(b) the disciplinary actions that may be taken.

Content of discipline by-law

14(2)       Without limiting the generality of subsection (1), a by-law under this section may provide that the association may

(a) take one or more of the following disciplinary actions against a member:

(i) censuring the member,

(ii) requiring the member to accept undertakings,

(iii) imposing conditions on the member's practice,

(iv) directing the member to perform additional study,

(v) requiring the member to obtain medical treatment, counselling or both, or to undergo treatment for substance addiction,

(vi) suspending or cancelling the member's membership,

(vii) imposing fines or costs, or both,

(viii) another disciplinary action that the association considers necessary; and

(b) take one or more of the following disciplinary actions against the holder of a certificate of approval:

(i) censuring the holder,

(ii) requiring the holder to accept undertakings,

(iii) imposing conditions on the holder's practice,

(iv) suspending or cancelling the holder's certificate of approval,

(v) imposing fines or costs, or both,

(vi) another disciplinary action that the association considers necessary.

6           The following is added after section 14:

Mediation

14.1        The association may refer a complaint to mediation if

(a) it determines that the complaint is not a matter of concern to anyone other than the complainant and the member of the association or holder of a certificate of approval about whom the complaint was made; and

(b) the complainant and the member or certificate holder agree to mediation.

7           Subsection 15(1.1) is amended

(a) in clause (a), by adding "construction," before "enlargement" wherever it occurs;

(b) by repealing clause (b);

(c) in clause (c), by adding "or" at the end; and

(d) by adding the following after clause (c):

(d) performing any work that subsection 25(2) permits a professional engineer to perform.

8           The part of subsection 16(1) before clause (a) is amended

(a) by striking out "subsections 15(1) and 25(2)" and substituting "subsection 15(1) and section 25.1"; and

(b) in the French version, by striking out "à l'un ou l'autre de ces paragraphes" and substituting "aux paragraphes 15(1) ou (2)".

9           In subsections 16(2) and 16.1(1) in the part before clause (a), "subsections 15(1) and 25(2)" is struck out and "subsection 15(1) and section 25.1" is substituted.

10          Section 25 is replaced with the following:

Work that may be done by a person who is not a member

25(1)       Nothing in this Act prohibits a person or firm from preparing or altering plans, drawings or specifications for, or performing architectural work that relates to the erection, construction, enlargement or alteration of, a building

(a) to which The Buildings and Mobile Homes Act does not apply;

(b) that

(i) is not larger than 600 m2 in building area or taller than three storeys, and

(ii) is used or intended to be used for residential occupancy, business and personal services occupancy, mercantile occupancy, low-hazard industrial occupancy or medium-hazard industrial occupancy; or

(c) that is not larger than 600 m2 in building area and is used or intended to be used as a farm building.

Architectural work by a professional engineer

25(2)       A professional engineer, who is skilled in the area of work concerned, may prepare or alter plans, drawings or specifications for, or perform architectural work that relates to the erection, construction, enlargement or alteration of, a building

(a) that is

(i) larger than 600 m2 in building area or taller than three storeys, and

(ii) used or intended to be used for low-hazard industrial occupancy or medium-hazard industrial occupancy;

(b) that is used or intended to be used for high-hazard industrial occupancy;

(c) that is used or intended to be used as an arena and has an occupant load of 1,000 persons or less; or

(d) that is larger than 600 m2 in building area and is used or intended to be used as a farm building.

Definitions

25(3)       The following definitions apply in this section.

"authority having jurisdiction" means the governmental body responsible for the enforcement of any part of the Manitoba Building Code — made under The Buildings and Mobile Homes Act — or the official or agency designated by that body to perform the enforcement. (« autorité compétente »)

"business and personal services occupancy" means the occupancy or use of a building or part of a building for transacting business or rendering or receiving professional or personal services. (« établissement d'affaires »)

"farm building" has the same meaning as in The Buildings and Mobile Homes Act. (« bâtiment de ferme »)

"high-hazard industrial occupancy" means an industrial occupancy containing sufficient quantities of highly combustible and flammable or explosive materials that, as determined by the authority having jurisdiction, constitute a special fire hazard because of their inherent characteristics. (« établissement industriel à risques très élevés »)

"industrial occupancy" means the occupancy or use of a building or part of a building for assembling, fabricating, manufacturing, processing, repairing or storing goods and materials. (« établissement industriel »)

"low-hazard industrial occupancy" means an industrial occupancy in which the combustible content is not more than 50 kg/m2 or 1,200 MJ/m2 of floor area. (« établissement industriel à risques faibles »)

"medium-hazard industrial occupancy" means an industrial occupancy in which the combustible content is more than 50 kg/m2 or 1,200 MJ/m2 of floor area and that is not a high-hazard industrial occupancy. (« établissement industriel à risques moyens »)

"mercantile occupancy" means the occupancy or use of a building or part of a building for displaying or selling retail goods, wares or merchandise. (« établissement commercial »)

"occupant load" means the number of persons for which a building or part of a building is designed. (« nombre de personnes »)

"residential occupancy" means the occupancy or use of a building or part of a building by persons for whom sleeping accommodation is provided but who are not harboured for the purpose of receiving care or treatment and are not involuntarily detained. (« habitation »)

Representations by non-architects prohibited

25.1        No person engaged in work mentioned in section 25 shall represent or hold himself or herself out as an architect unless he or she is a registered architect, and no firm engaged in work mentioned in section 25 shall be styled as, or represent or hold itself out as, a firm of architects unless every member of the firm is a registered architect.

Name and address of person preparing plans to be given

25.2        A person who or firm that prepares plans for the erection, construction, enlargement or alteration of a building must state on the plans

(a) the person's or firm's name and, in the case of a firm, the name of at least one of the firm's members; and

(b) the address of the person's or firm's place of business.

11          Subsection 26(2) is amended by striking out "or 25" and substituting ", 25 or 25.1".

12          Subsection 31.1(1) is replaced with the following:

Appeal to Court of Appeal — discipline decisions

31.1(1)     A member of the association or holder of a certificate of approval against whom a discipline decision is made, as the result of an inquiry hearing held under a by-law made for the purpose of section 14, may appeal the decision to The Court of Appeal.

Coming into force

13          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Architects Act as follows:

  • the Act's provision about by-law and rule-making powers is restructured and a power to make rules about mandatory continuing education is added
  • by-laws are to be published on the Internet rather than being distributed by mail
  • the power to make by-laws about professional discipline is described in more detail
  • mediation is added as an alternative to disciplinary action
  • appeals of discipline decisions to The Court of Appeal are available only after an inquiry hearing is held

The Bill also amends provisions dealing with when architectural work may be done by non-architects by explicitly stating criteria that were previously incorporated by referring to the Manitoba Building Code. These amendments are intended to make this part of the Act reader friendly and not to substantively change the meaning of the existing provisions. Minor amendments are made to ensure consistent wording in the Act and to make provisions gender neutral.