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The Architects Act
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This version is current as of December 11, 2017.
It has been in effect since November 5, 2015.

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C.C.S.M. c. A130

The Architects Act

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

Definitions

1(1)        In this Act,

"architect" means any person who is engaged for hire, gain, or hope of reward in the planning or review for others of the erection, construction, enlargement or alteration of buildings by persons other than himself or herself; (« architecte »)

"association" means The Manitoba Association of Architects; (« Ordre »)

"building" means a structure consisting of foundation, walls or roofs, with or without other parts; (« bâtiment »)

"certificate of approval" means a certificate of approval issued under section 18 or 24; (« certificat d'approbation »)

"council" means the council of management of the affairs and business of the association; (« Conseil »)

"firm" means a partnership; (« firme »)

"practice of professional engineering" and "professional engineer" have the same meaning as they have in The Engineering and Geoscientific Professions Act; (« exercice de la profession d'ingénieur », « exécution de travaux de génie » et « ingénieur »)

"registered architect" means an architect who is a member of the association in good standing and registered as such; (« architecte inscrit »)

"secretary" means the secretary of the association, or if no secretary is appointed, the executive secretary of the association. (« secrétaire »)

Actions by draughtsmen, students, superintendents, etc.

1(2)        Nothing herein prevents

(a) a draughtsman, student, clerk of works, superintendent, or other employee of a registered architect, from acting under the direction and control of his employer; or

(b) a superintendent of buildings, paid by the owner thereof, from acting under the direction and control of a registered architect.

S.M. 2005, c. 48, s. 2; S.M. 2013, c. 48, s. 10; S.M. 2015, c. 30, s. 2.

Continuation

2(1)        The association is continued as a body corporate under the name: "The Manitoba Association of Architects".

Powers

2(2)        The association may, subject to this section, by its corporate name, take, purchase, hold, sell, mortgage, and dispose of any and all goods, chattels, lands, tenements, and hereditaments, and any real and personal property whatsoever, and any interest therein, that may be necessary or convenient for its purposes.

Limitations

2(3)        The association shall not engage in trade or deal in lands, or any interest therein, but may apply moneys derived from fees, voluntary contributions, or donations from members or others towards the maintenance and objects of the association in such manner as the association, from time to time, by by-law directs.

What real estate may be acquired and held

2(4)        The association may acquire and hold such real estate only so far as it is necessary for the purposes of the association within Manitoba.

Investments of funds

2(5)        The association may invest its funds in investments in which trustees are authorized to invest under The Trustee Act.

Objects and powers

3(1)        The objects and powers of the association are to promote and increase, by all lawful means and in the interests of the public and safety, the knowledge, skill, and proficiency of its members in all things relating to the profession of an architect; and, to that end, to establish classes, lectures, and examinations, and prescribe such tests of competency, fitness, and moral character as may be thought expedient to qualify for admission to membership, and to grant diplomas to the members as certificates of their membership.

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.

S.M. 2015, c. 30, s. 3.

Head office

4           The head office of the association shall be at such place in the province of Manitoba as may be determined from time to time by the council.

Classes of membership and qualifications

5           The association, by by-law, may make one or more classes of membership; and may prescribe the qualifications for, and the rights of, each of the classes.

Council

6(1)        The affairs and business of the association shall be managed by a council consisting of not fewer than eight and not more than 23 persons, two of whom are elected or appointed as public representatives.

Public representatives on the council

6(1.1)      To qualify for election or appointment to the council as a public representative, a person must

(a) not be a member or former member of the association or a parent, spouse, common-law partner, brother, sister or child of a member;

(b) not be employed by a member of the association; and

(c) not be an officer or employee of, or have a pecuniary interest in, a firm or corporation that practises architecture.

Member councillors

6(2)        The association may, by by-law, provide for the method of election or appointment of members of the council and for their terms of office.

S.M. 2013, c. 48, s. 10.

Annual meeting for election of council

7(1)        An annual meeting shall be held for the election of elected members of the council of the association, and for such other business as may be brought before the meeting, at such time and place, and under such regulations, and after such notices, as is prescribed by the by-laws of the association.

Default in election

7(2)        In default of the election being held at the proper time, the members of the existing council shall continue to act until their successors are duly elected or appointed.

By-laws respecting membership of council, etc.

7(3)        The council may, by by-law, provide that, except for the public representatives, only practising members are eligible for election to the council, and may by by-law determine who are practising members; and the association may, in general meeting, pass such by-laws.

Vacancies provided for

7(4)        All vacancies that may occur in the council by death or otherwise in the interval between two annual meetings, may be filled by the council.

S.M. 2013, c. 48, s. 10.

President and vice-presidents

8(1)        The council shall elect from among its members a president and one or more vice-presidents, as may be provided by the by-laws.

Term of office

8(2)        The office of president shall not be held by any one person for more than two years in succession.

Secretary and treasurer

8(3)        The council shall appoint a secretary and a treasurer each of whom may or may not be a member of the association; and the same person may hold both offices.

Other officers

8(4)        The council may appoint such other officers as may be provided by the by-laws.

Committees

8(5)        The council may, in accordance with the by-laws or on resolution, establish and appoint members to committees.

By-laws for government of the association and members

9(1)        The council may make by-laws for the government of the association and its members and the carrying on of its objects, and may repeal, amend, or re-enact them; but every by-law, and every repeal, amendment, or re-enactment thereof, unless in the meantime confirmed at a special meeting of the association called for the purpose, has force only until the next annual meeting of the association, and, in default of confirmation thereat, at and from that time only ceases to have force.

General meeting may amend

9(2)        The association in general meeting may make, repeal, amend, or re-enact, by-laws for any of the purposes mentioned in subsection (1).

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.

S.M. 2015, c. 30, s. 4.

Professional liability claims fund

10(1)       The association may establish and maintain a professional liability claims fund (in this section called "the claims fund") for the purpose of paying therefrom, subject to the provisions of this section and the rules made thereunder, professional liability claims against members of the association.

"Professional liability claim" defined

10(2)       In this section, "professional liability claim" means a claim against a member of the association for an amount of money that the member is legally obligated to pay as damages arising out of the performance of professional services for another person in the member's capacity as an architect and caused by the member or any person for whose acts the member is legally liable.

Claims fund a separate fund

10(3)       The claims fund shall be kept separate and apart from all other funds of the association and shall be property of the association.

Investment and administration

10(4)       The claims fund and the income therefrom may be invested in securities or investments in which trustees are authorized to invest trust money under The Trustee Act as the association may, from time to time, determine and shall be administered by the association in such manner as, in its discretion, it deems proper and shall not be subject to any trust.

Levy for claims fund

10(5)       For the purposes of the claims fund, the association may levy assessments on such members of the association or classes thereof, and may exempt from the assessments such members of the association or classes thereof, as the association may determine.

Professional liability insurance

10(6)       The association may, on such terms and conditions as it deems proper, enter into any group contract of insurance with an insurer for the payment by the insurer of any professional liability claim, in whole or in part and with or without the expense of adjusting, settling and paying the claim, including legal fees and disbursements, where that claim or expense, if not paid under the contract of insurance, would be payable out of the claims fund pursuant to subsection (7).

Use of moneys in claims fund

10(7)       Subject to the rules made under subsection (8), the association may pay out of the claims fund

(a) subject to clause (e), any professional liability claim or any part of a professional liability claim that is not payable under a contract of insurance entered into under this section;

(b) any expense of adjusting, settling and paying a professional liability claim, including legal fees and disbursements, that is not payable under a contract of insurance entered into under this section;

(c) the expense of and incidental to negotiating and entering a contract of insurance under this section;

(d) any premium in respect of a contract of insurance entered into under this section;

(e) to any insurer, pursuant to the terms of a contract of insurance entered into under this section, reimbursement for all or part of any payment made by the insurer under the contract in respect of a professional liability claim;

(f) the expense of investing the moneys of and administering the claims fund; and

(g) such other amounts for the purposes of this section and not inconsistent therewith or with the rules, as the association may require.

Rules

10(8)       The association may, by by-law, make rules, not inconsistent with this section, respecting

(a) the investment of the moneys of and the administration of the claims fund;

(b) the levy of assessments for the claims fund;

(c) the negotiation of and entry into a contract of insurance under subsection (6);

(d) the payment of professional liability claims out of the claims fund;

(e) the payment of professional liability claims by an insurer;

(f) the payment of the expense of adjusting, settling and paying a professional liability claim, including legal fees and disbursements;

(g) any other matter or thing that the association is empowered or required to do under this section.

Power to make arrangements with university

11(1)       The association may establish classes of students and may make arrangements with any university, college, or school in Manitoba for the attendance of students at such lectures or classes as may come within the course of subjects prescribed by the rules, by-laws, and regulations of the association.

Use of libraries, etc.

11(2)       The association may agree with any such university, college, or school, for the use of any library or museum or property belonging to, or under the control of, any such institution.

Affiliation

11(3)       The association may affiliate with any such institution and enter into all arrangements necessary for that end, upon such terms as may be agreed upon.

Examinations

12(1)       The council shall hold examinations at least once in the year.

Qualification for membership

12(2)       Any person who

(a) is of the full age of 18 years;

(b) satisfies the council as to his fitness, moral character, habits, skill and competency;

(c) passes the examinations of the association; and

(d) pays the fees fixed by the by-law;

is entitled to become a member of the association.

Conditions of admission, and appeal

12(3)       The council shall, by resolution, prescribe the conditions upon which any persons, including any who have passed the examinations of other corporate bodies having the same or similar objects, may be admitted as members of the association.

Candidate for admission

12(4)       Subject to subsection (6), a candidate for membership in the association shall be admitted to membership if

(a) he has attained a level of architectural education prescribed by the by-laws; and

(b) following the successful completion of that level of architectural education, he has served as a full-time employee in an architectural office approved by the council for a period prescribed by the by-laws of the association.

Completion of R.A.I.C. syllabus

12(5)       Where a candidate has successfully completed a nine year Royal Architectural Institute of Canada syllabus of studies, he shall be deemed to have completed the period of full-time employment in an architectural office required under clause (4)(b).

Special examinations

12(6)       The council may, at its discretion, refuse to admit a candidate for membership in the association unless he passes an examination in the professional practice of architecture to demonstrate the adequacy of his practical experience.

Fees

12(7)       The council may fix entrance fees and annual fees for various classes of members and may, from time to time, vary the amounts of the fees.

Limitation of personal liability

13(1)       No member is personally liable for any debt of the association beyond the amount of his unpaid fees as aforesaid.

Effect of death of member or cessation of membership

13(2)       All interest in, or claim against, the funds and property of the association of any member absolutely ceases and determines upon the death of the member, and also absolutely ceases and determines upon any member, during his lifetime, ceasing to be a member of the association.

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.

S.M. 2015, c. 30, s. 5.

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.

S.M. 2015, c. 30, s. 6.

Who may use the designation "architect" or "architects"

15(1)       No person or firm is entitled to practise as an architect in Manitoba, or to take or use in Manitoba the designation "architect" or "architects", either alone or in combination with any other words or any name, title, or description, implying that he or they is or are an architect or architects, unless the person or each member of the firm is a registered architect.

Work by a professional engineer

15(1.1)     Nothing in this Act prevents anyone entitled to engage in the practice of professional engineering under The Engineering and Geoscientific Professions Act from

(a) engaging in that practice in relation to the erection, construction, enlargement or alteration of a building where a person or firm entitled to practise as an architect plans, or has planned, the erection, construction, enlargement or alteration of the building;

(b) [repealed] S.M. 2015, c. 30, s. 7;

(c) performing any work referred to in subsection 25(1); or

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

Work by a holder of a recognition certificate

15(1.2)     Nothing in this Act prohibits the holder of a recognition certificate issued under section 34 from performing architectural work under that certificate.

Use of "architects" by firms

15(2)       Notwithstanding subsection (1), a firm may use the designation "architects"

(a) if each member of the firm is a member of an association of architects in another province of Canada or a state of the United States of America in good standing and registered as such and at least one member of the firm is a registered architect; and

(b) if the firm maintains, within the province an office under the control and management of a registered architect who is responsible for every project of the firm within the province.

Waiving requirements for office, etc.

15(3)       For the purpose of allowing full and equal reciprocity with an association of architects in another province of Canada or a state of the United States of America, the council may, in accordance with an agreement between the association and that other reciprocating association, waive the requirements of clause (2)(b).

Death of a member

15(4)       Where the member of a firm to which subsection (2) applies who is a member of the association dies or resigns from the firm, the firm may continue to use the designation "architects" if another member of the firm becomes a member of the association within 60 days of the death or resignation of the member first mentioned.

Declaration by sole proprietor

15(5)       A registered architect practising or intending to practise as a sole proprietor must file with the secretary a declaration setting out

(a) his or her full name and address;

(b) the name or style under which the practice is being or will be carried on;

(c) when the practice commenced, or will commence, to be carried on under that name or style; and

(d) any other information prescribed by the council.

Declaration by firm

15(6)       A firm practising or intending to practise as architects as permitted by subsection (1) or (2) must file with the secretary a declaration setting out

(a) the full name and address of each member of the firm;

(b) the name or style under which the practice is being or will be carried on;

(c) when the practice commenced, or will be commenced, to be carried on under that name or style; and

(d) any other information prescribed by the council.

Notice of changes

15(7)       An architect or firm required to file a declaration under subsection (5) or (6) must file with the secretary, in accordance with any rules prescribed by the council, a notice of any change in the information previously filed.

S.M. 2005, c. 48, s. 3; S.M. 2015, c. 30, s. 7.

Practice under certificate of approval

16(1)       Despite subsection 15(1) and section 25.1, a corporation or firm that does not meet the requirements of subsection 15(1) or (2) may practise architecture in its own name, and may use the designation "architect", "architects" or other words implying that it is practising architecture, if

(a)  the corporation or firm holds a valid certificate of approval;

(b) the professional liability insurance or alternative coverage for its practice of architecture meets the requirements prescribed by the council; and

(c) its practice of architecture is carried on by or under the direct personal supervision of one or more registered architects who have professional responsibility for the practice and are shareholders, members or permanent employees of the corporation or firm.

Group practice

16(2)       Despite subsection 15(1) and section 25.1, a firm, joint venture, consortium or other unincorporated organization may practise architecture in its own name if

(a) each member of the organization is entitled to practise architecture under section 15 or subsection (1);

(b) the practice is carried on by or under the direct personal supervision of one or more registered architects who have professional responsibility for the practice and are members or permanent employees of the organization or of a member of the organization; and

(c) the organization meets the applicable requirements, if any, prescribed by the council.

Standards of professional conduct

16(3)       The practice of architecture by

(a) a corporation or firm under subsection (1); or

(b) an organization under subsection (2);

is subject to the same standards of professional conduct as if the practice were carried on by a registered architect.

Responsibility for practice and compliance

16(4)       An architect is personally responsible, along with the holder of a certificate of approval, for

(a) any professional misconduct relating to the practice of architecture by the holder of the certificate; and

(b) any breach of this Act or the by-laws by the holder of the certificate;

that occurred while he or she was named as the registered architect with professional responsibility for the practice of architecture by the holder of the certificate.

S.M. 2002, c. 10, s. 2; S.M. 2005, c. 48, s. 4; S.M. 2015, c. 30, s. 8 and 9.

Temporary licence

16.1(1)     Despite subsection 15(1) and section 25.1, the council may grant to a natural person, corporation or firm authorized to practise architecture in a jurisdiction outside of Manitoba a temporary licence to practise architecture in Manitoba in collaboration with

(a) a registered architect or firm of registered architects;

(b) a firm entitled to use the designation "architects" under subsection 15(2); or

(c) a corporation or firm entitled to practise architecture under a certificate of approval.

Terms

16.1(2)     A temporary licence is valid only in accordance with any terms described in the licence, and is subject to any conditions prescribed by the by-laws.

S.M. 2002, c. 10, s. 3; S.M. 2005, c. 48, s. 5; S.M. 2015, c. 30, s. 9.

Plans, etc. to bear architects seal

17          When the practice of architecture is carried on by a corporation or firm as permitted under section 16

(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 or firm pursuant to this Act.

S.M. 2002, c. 10, s. 4; S.M. 2005, c. 48, s. 6.

Issuance of certificate of approval

18(1)       The council must issue a certificate of approval to a corporation or firm that

(a) applies for it in the form prescribed by the council;

(b) pays the applicable fees prescribed by the council;

(c) satisfies the council that

(i) it has the legal capacity to practise architecture,

(ii) its practice of architecture will be carried on by or under the direct personal supervision of one or more of its shareholders, members or permanent employees who are registered architects and will have professional responsibility for the practice;

(d) provides evidence satisfactory to the council of professional liability insurance or alternative coverage that meets the requirements prescribed by the council; and

(e) meets all other requirements, if any, prescribed by the council.

Duration of certificate

18(2)       A certificate of approval ceases to be valid

(a) at the end of the calendar year for which it was issued or, if it is renewed under section 22, at the end of that renewal period;

(b) when it is revoked under section 22; or

(c) when the holder ceases to meet any requirement referred to in clause (1)(c) or (e);

whichever occurs first.

S.M. 2002, c. 10, s. 5; S.M. 2005, c. 48, s. 7.

Holder of certificate of approval to file information

19          The holder of a certificate of approval must file with the secretary, at the times prescribed by the council, the following information:

(a) the name and address of each registered architect who directly and personally supervises the practice of architecture by the holder of the certificate and assumes professional responsibility for it;

(b) proof of professional liability insurance or alternative coverage that meets the requirements prescribed by the council;

(c) any other information prescribed by the council;

(d) any change in the information previously filed under this section.

S.M. 2002, c. 10, s. 6; S.M. 2005, c. 48, s. 7.

Joint and several liability of responsible architect

20          An architect is jointly and severally liable with the holder of a certificate of approval for any errors or omissions made in the practice of architecture by the holder of the certificate while the architect was named as the registered architect with professional responsibility for that practice.

S.M. 2002, c. 10, s. 7; S.M. 2005, c. 48, s. 7.

Issuance of stamp

21          When issuing a certificate of approval to a firm or corporation, the council must provide it with an engraved stamp showing that the corporation or firm is approved and the number of the approval. The stamp remains the property of the association and must be returned to the association upon demand by the association when the corporation or firm no longer holds a valid certificate of approval.

S.M. 2002, c. 10, s. 7; S.M. 2005, c. 48, s. 7.

Renewal or revocation of certificate of approval

22          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 or firm 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 or firm is guilty of conduct that, in the judgment of council, is inimical to the best interests of the public or the profession of architecture.

S.M. 2002, c. 10, s. 7; S.M. 2005, c. 48, s. 8.

Application of provisions to revocation of certificate of approval

23          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 corporation or firm

24          ny non-resident corporation or firm 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 or firm satisfying the council that it meets all of the requirements of subsection 16(1) and such other criteria, including payment of fees, as the association may prescribe from time to time.

S.M. 2002, c. 10, s. 8; S.M. 2005, c. 48, s. 9.

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 »)

S.M. 2005, c. 48, s. 10; S.M. 2015, c. 30, s. 10.

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.

S.M. 2015, c. 30, s. 10.

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.

S.M. 2015, c. 30, s. 10.

Penalties

26(1)       Every person who contravenes or fails to comply with any provisions of this Act is guilty of an offence and liable, on summary conviction,

(a) in the case of a first offence to a fine of not more than $10,000.; and

(b) in the case of a second or subsequent offence to a fine of not more than $20,000.

Burden of proof

26(2)       In any prosecution for an offence under section 15, 16, 17, 25 or 25.1 the burden of proving that the accused is registered under this Act rests upon the accused.

Disposition of penalty

26(3)       The penalty imposed upon any such conviction shall be forthwith paid over to the Minister of Finance, one half of which shall be applied to the Consolidated Fund, and the other shall be paid to the treasurer of the association for the use of the association.

Enforcement of payment

26(4)       Where the penalty and costs are not paid forthwith, the justice may issue his warrant to commit the defendant to a common gaol, there to be imprisoned for any term not exceeding two months, unless the penalty and costs are paid sooner.

Proof of offence

26(5)       In any prosecution under this Act it is sufficient proof of an offence under this Act if it is proved that the accused has done or committed a single act of practice as an architect, or has acted as an architect on one occasion, in Manitoba without being registered under this Act, or has done or committed on one occasion any of the acts prohibited by this statute; and the word "practice" as used in this Act shall be construed in accordance with this provision.

Limitation on prosecutions

26(6)       A prosecution under this Act must be commenced

(a) within two years after the date on which the alleged offence was committed; or

(b) within six months after the date on which evidence sufficient to justify prosecution came to the knowledge of the secretary of the association;

whichever is later.

Certificate of secretary

26(7)       The certificate of the secretary of the association as to the day on which the evidence referred to in subsection (6) came to his or her knowledge is proof, in the absence of evidence to the contrary, of the date the evidence came to the secretary's knowledge.

Information

26(8)       An information for an offence under this Act may be laid by any person appointed for the purpose by the council.

S.M. 2002, c. 10, s. 9; S.M. 2015, c. 30, s. 11.

Injunction

26.1        On application by the association, the Court of Queen's Bench may grant an injunction

(a) enjoining a person who is not a registered member of the association in good standing or the holder of a temporary licence or certificate of approval from engaging in the practice of architecture;

(b) enjoining a person from employing, for work that is the practice of architecture, any person not entitled to practise architecture under this Act; or

(c) enjoining a person from violating any provision of this Act whether or not he or she has been found guilty of an offence under that provision.

S.M. 2002, c. 10, s. 9.

Architectural work on own property

27          Nothing in this Act applies to prevent an individual from carrying on architectural work on his or her own property for the sole use of himself or herself and his or her personal residence if the safeguarding of life, health, or the public interest is not concerned.

S.M. 2002, c. 10, s. 10.

Seal

28(1)       Every registered architect or firm of registered architects shall have a seal, the impression of which shall contain

(a) the name of the architect, or in the case of a firm, the name of at least one member thereof who is a member of the association; and

(b) the words "Registered Architect, Province of Manitoba".

Application of seal

28(2)       Every registered architect or firm of registered architects must stamp with their seal all working drawings and specifications issued from their office for use in Manitoba.

S.M. 2005, c. 48, s. 11.

Record of names in book or register

29(1)       The council shall cause to be kept by the secretary or other officer appointed for the purpose, a book or register in which shall be entered in alphabetical order the names of all members in good standing.

Membership

29(2)       Those members only whose names are entered in the book or register aforesaid are entitled to the privilege of membership in the association; and the book or register shall at all times be subject to inspection by any person free of charge.

Book or register to be prima facie evidence

29(3)       The book or register, or a copy thereof duly certified by the secretary, is admissible in evidence in all courts and before all persons as prima facie proof that the persons whose names are entered therein are members of the association in good standing; and the absence of the name of any person from the register is admissible in evidence as prima facie proof that the person is not a member of the association.

Disposition of registration fees

30          All moneys arising from fees payable on registration or from the annual fees or otherwise shall be paid to the secretary, and he shall pay them over to the treasurer who shall apply them in accordance with such regulations as may be made by the council towards defraying the expenses of the execution of this Act, and, subject thereto, towards the support of museums, libraries, or lectureships, or for other purposes connected with the profession of architecture, or towards the promotion of learning and education in connection with architecture.

Appeal to Court of Queen's Bench — registration decisions

31(1)       A person whose application for a certificate of approval or for membership in the association

(a) is refused by council; or

(b) is granted by council subject to conditions;

may appeal the council's decision to the Court of Queen's Bench within 30 days after the day that notice of the decision is served on the person appealing either personally or by registered mail.

Appeal on record

31(2)       The appeal shall be founded on the record of proceedings before council and the decision of council.

Powers of Court on appeal

31(3)       The Court on hearing the appeal may

(a) make any decision that in its opinion should have been made; or

(b) refer the matter back to the council for further consideration in accordance with any direction of the Court.

S.M. 2002, c. 10, s. 11; S.M. 2005, c. 48, s. 12.

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.

Commencement of appeal

31.1(2)     The appeal shall be commenced

(a) by filing a notice of appeal; and

(b) by serving a copy of the notice of appeal on the association;

within 30 days after the date on which the finding or order of the association is served on the member either personally or by registered mail.

Appeal on record

31.1(3)     The appeal shall be founded on the record of the hearing before the association and any exhibits.

Powers of Court on appeal

31.1(4)     On hearing the appeal, the Court may

(a) make any finding or order that in its opinion should have been made;

(b) quash, vary or confirm the decision of the association or any part of it; or

(c) refer the matter back to the association for further consideration in accordance with any direction of the Court.

Stay pending appeal

31.1(5)     The finding or order of the association remains in effect pending an appeal unless the Court of Appeal, on application, stays the finding or order pending the appeal.

S.M. 2002, c. 10, s. 11; S.M. 2015, c. 30, s. 12.

Returns to L.G. in C. provided for

32          The secretary shall, whenever required by the Lieutenant Governor in Council so to do, transmit to the minister charged with the administration of this Act a certified return under the seal of the association setting forth all such information and particulars relating to the association as may be required.

Prime consultant

32.1        Nothing in this Act prevents a person or firm from being the prime consultant in respect of the erection, construction, enlargement or alteration of a building.

S.M. 2005, c. 48, s. 13.

Joint board with the Association of Professional Engineers and Geoscientists of the Province of Manitoba

33(1)       There is established a joint board, under the name "Engineering, Geosciences and Architecture Inter-Association Relations Joint Board", whose function is to assist the Association of Professional Engineers and Geoscientists of the Province of Manitoba and The Manitoba Association of Architects in maintaining the professional relationship between the two associations, including

(a) developing and recommending processes for co-operation by the two associations in carrying out their respective areas of responsibility in the public interest;

(b) making joint representations to third parties on matters affecting the two associations; and

(c) resolution of issues or disputes respecting areas of practice.

Composition of board

33(2)       The joint board shall consist of not fewer than seven persons as follows:

(a) a chair, who is appointed by the minister responsible for the administration of The Labour Relations Act and is not registered with or licensed by either the Association of Professional Engineers and Geoscientists of the Province of Manitoba or The Manitoba Association of Architects;

(b) equal numbers of persons appointed by the Association of Professional Engineers and Geoscientists of the Province of Manitoba and The Manitoba Association of Architects.

Rules of procedure

33(3)       The joint board shall establish its own rules of procedure.

Disputes

33(4)       Where any dispute arises as to

(a) the jurisdiction of either of the associations referred to in subsection (1) in respect of the regulation of persons registered under their respective enactments;

(b) the right of any person registered with or licensed by either of those associations to perform any function or type of work; or

(c) any matter respecting relations between those associations or any persons registered with or licensed by them;

the secretary must refer the dispute to the joint board, which must consider it in a timely manner and, if possible, make a joint determination about how to resolve the dispute and give it to the council of The Manitoba Association of Architects and the council of The Association of Professional Engineers and Geoscientists of the Province of Manitoba.

Determination to be implemented

33(5)        A joint determination under subsection (4) must be implemented by the council of one or both associations, whichever is necessary to give full effect to the determination.

S.M. 1998, c. 55, s. 70; S.M. 2001, c. 43, s. 33; S.M. 2005, c. 48, s. 14; S.M. 2012, c. 40, s. 50; S.M. 2013, c. 54, s. 6.

Grandfathering: professional engineers

34(1)       The purpose of this section is to provide a mechanism whereby professional engineers who were performing competent architectural work immediately before September 16, 2005, may continue to do so even though they are not members of the association.

Joint board to establish criteria

34(2)       Within 60 days after this section comes into force, the joint board under subsection 33(1) must, by a joint determination, establish written criteria for determining whether a professional engineer who was performing architectural work immediately before September 16, 2005, has the competencies in that work to warrant issuing him or her a recognition certificate under this section.

Conditions

34(3)       Within that same 60-day period, the joint board must, by joint determination, establish conditions under which professional engineers may perform architectural work under a recognition certificate, which

(a) must include

(i) a condition requiring them to maintain professional liability insurance coverage that meets the requirements set by the board, and

(ii) restrictions as to the types of buildings for which they may do architectural work; and

(b) may include any other conditions the board considers necessary.

Chair to establish criteria if joint board does not

34(4)       If the joint board fails to establish the criteria or conditions within the required period, the chair of the board must do so within 30 days after the expiry of that period.

Application to joint board

34(5)       No later than 120 days after the criteria and conditions have been established, a professional engineer may apply to the joint board for a recognition certificate.

Joint board to make determination and issue recognition certificate

34(6)       Within 30 days after receiving an application, the joint board must make a joint determination as to whether the applicant meets the criteria, and, if so, issue a recognition certificate to the applicant.

Chair to make determination if joint board does not

34(7)       If the joint board fails to make a determination within the required period, the chair of the board must, within seven days after the expiry of that period, determine whether the applicant meets the criteria, and, if so, issue a recognition certificate to the applicant.

Additional conditions

34(8)       When issuing a recognition certificate, the joint board or the chair, as the case may be, may impose conditions on the certificate in addition to those established under subsection (3) or (4).

Validity

34(9)       A recognition certificate is valid until it is revoked or the holder ceases to be a professional engineer.

Revocation

34(10)      The joint board may, by a joint determination, revoke a recognition certificate if the holder fails to comply with any condition to which the certificate is subject.

No fee

34(11)      No fee may be charged for a recognition certificate.

Not a member of association

34(12)      The holder of a recognition certificate is not a member of the association and may not style or hold himself or herself out to be an architect.

S.M. 2005, c. 48, s. 15.