.png){kind=small}
S.M. 1985-86, c. 42
An Act to amend The Architects Act
(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Architects Act being chapter A130 of the Revised Statutes is amended by adding thereto immediately after section 16 thereof the following sections :
Notwithstanding subsections 16(1) and 17(2), a corporation may practise architecture in its own name if
(a) the practice is carried on under the direct personal supervision and responsibility of one or more permanent employees or shareholders who are registered members of the association;
(b) the beneficial ownership of a majority of all issued voting shares in the capital stock of the corporation is vested in persons who are registered members of the association;
(c) the majority of directors of the corporation are registered members of the association;
(d) at least one of the officers of the corporation is a registered member of the association;
(e) the primary and customary business of the corporation is the practice of architecture;
(f) the corporation has professional liability insurance in such minimum amounts and containing such terms and conditions as may be prescribed from time to time by council; and
(g) the corporation has obtained a Certificate of Approval from the association.
Plans, etc. to bear architects seal.
When the practice of architecture is carried on by a corporation as permitted under section 16.1
(a) all plans, drawings, specifications, reports or documents shall be signed by and sealed with the stamp of an architect who is a registered member of the association, who is responsible for them and who supervised the preparation thereof; and
(b) those plans, drawings, specifications, reports or documents referred to in clause (a) shall be sealed and carry the stamp issued to the corporation pursuant to this Act.
Corporation to provide association with certain information.
A corporation purporting to practise architecture in its own name shall provide the association with such information and at such times as the association may from time to time prescribe including, without limitation, the names and addresses of all directors, officers and shareholders of the corporation, proof of professional liability insurance coverage in amounts and containing terms and conditions as may be prescribed from time to time by council, the names of registered members of the association who are full-time permanent employees or shareholders of the corporation and who are directly and personally supervising the practice and assuming responsibility thereof, and any change from time to time of the foregoing information.
Issuance of Certificate of Approval.
The association shall issue a Certificate of Approval which shall be valid for the calendar year during which it is issued to any corporation which has
(a) filed an application in the form prescribed by council;
(b) paid all fees prescribed by council;
(c) satisfied council that is has one or more full-time permanent employees or shareholders who are also registered or licensed architects and who will assume direct personal supervision of and responsibility for the practice of architecture in which the corporation engages;
(d) satisfied council that it has met the requirements set forth in section 16.1; and
(e) satisfied any and all other requirements prescribed from time to time by council.
Joint and several liability of member.
The registered member of the association under whose direct supervision the architectural work of the corporation is undertaken shall be jointly and severally liable with the corporation for the work so undertaken.
Where the association issues to a corporation a certificate of approval, it shall provide the corporation with an engraved stamp showing that the corporation is approved and the number of the approval; but the stamp so provided remains the property of the association and shall be returned by the corporation to the association upon demand by the association.
Renewal or revocation of certificate of approval.
A certificate of approval issued pursuant to this Act may be renewed for such period as the council may allow and it may be revoked or its renewal withheld by council for failure of the corporation to observe any of the conditions set forth in this Act or the association's by-laws governing the issuance of a certificate of approval, or where the corporation is guilty of conduct that, in the judgment of council, is inimical to the best interests of the public or the profession of architecture.
Application of provisions to revocation of certificate of approval.
The provisions of this Act relating to the maintenance of the dignity and honour of the profession of architecture apply, with all necessary modifications, to the revocation or withholding by the association of a certificate of approval.
Practise by non-resident corporations.
Any non-resident corporation wishing to conduct the practice of architecture in the province under its own name shall be granted a Certificate of Approval allowing it to practice architecture in the province under its own name, upon the non-resident corporation satisfying the council that it meets all of the requirements of section 16.1 and such other criteria, including payment of fees, as the association may prescribe from time to time.
This Act comes into force on the day it receives the royal assent.