|This is an unofficial archived version of The Architects Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. A130
The Architects Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"architect" means any person who is engaged for hire, gain, or hope of reward in the planning or supervision for others of the erection, enlargement, or alteration of buildings by persons other than himself; ("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")
"council" means the council of management of the affairs and business of the association, elected in the manner for which provision is made in this Act; ("Conseil")
"secretary" means the secretary of the association, or if no secretary is appointed, the executive secretary of the association. ("secrétaire")
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.
The association is continued as a body corporate under the name: "The Manitoba Association of Architects".
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.
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.
The association may acquire and hold such real estate only so far as it is necessary for the purposes of the association within Manitoba.
The association may invest its funds in investments in which trustees are authorized to invest under The Trustee Act.
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.
The association may make and pass by-laws for the direction and management of the association, and for the admission to the study and practice of the profession of architecture, and all rules that may be deemed necessary for the maintenance of the dignity and honour of that profession; and may alter and amend them when deemed advisable.
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.
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.
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 of whom two shall be persons who are not members of the association and who are appointed by the Lieutenant Governor in Council for terms determined by the Lieutenant Governor in Council.
The association may, by by-law, provide for the method of election or appointment of the members of council who are not appointed by the Lieutenant Governor in Council and for the term of office of those councillors.
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.
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 appointed.
The council may, by by-law, provide that practising members only shall be 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.
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.
The council shall elect from among its members a president and one or more vice-presidents, as may be provided by the by-laws.
The office of president shall not be held by any one person for more than two years in succession.
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.
The council may appoint such other officers as may be provided by the by-laws.
The council may, in accordance with the by-laws or on resolution, establish and appoint members to committees.
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.
The association in general meeting may make, repeal, amend, or re-enact, by-laws for any of the purposes mentioned in subsection (1).
No by-law of the association passed after the coming into force of this subsection is effective until five days after copies thereof are mailed, postage prepaid, to every member of the association.
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.
The claims fund shall be kept separate and apart from all other funds of the association and shall be property of the association.
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.
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.
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).
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.
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.
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.
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.
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.
The council shall hold examinations at least once in the year.
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.
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.
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.
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).
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.
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.
No member is personally liable for any debt of the association beyond the amount of his unpaid fees as aforesaid.
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.
The association may, by by-law, provide for the suspension or expulsion, on complaint made in writing and after due inquiry into the complaint, of any member for misconduct, incompetence or violation of the rules or by-laws of the association.
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 member of the association in good standing and registered as such.
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 member of the association in good standing and registered as such; and
(b) if the firm maintains, within the province an office under the control and management of a member of the association in good standing and registered as such who is responsible for every project of the firm within the province.
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).
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.
Every group of persons who practise as architects in partnership, and every person who practises as an architect and who is not associated in partnership with another person or persons but who uses as his business style some name or designation other than his own name or who uses his own name with the addition of "and company" or some other similar word or phrase indicating a plurality of members in the business, shall file or cause to be filed with the secretary
(a) in the case of a partnership, a declaration setting out the full names and addresses of each partner or associate in the partnership, the name and style under which the partnership carries on business, the date on which the partnership was formed with the present partners and associates and a statement that no other persons are associated with the partnership; and
(b) in the case of a person practising as an architect on his own, a declaration setting out his full name and address, the name or style under which he carries on business, the date on which he commenced carrying on business under that name and a statement that no other persons are associated with him in his practice as an architect.
Notwithstanding subsections 15(1) and
25(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.
When the practice of architecture is carried on by a corporation 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 pursuant to this Act.
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.
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 fulltime 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; and
(e) satisfied any and all other requirements prescribed from time to time by council.
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.
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.
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.
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 and such other criteria, including payment of fees, as the association may prescribe from time to time.
Subject to subsection (2), nothing in this Act prohibits the preparation or alteration of plans, drawings, or specifications for, or any architectural work in connection with the erection, construction, enlargement, or alteration of,
(a) a building that does not exceed 400 square metres in area or three storeys in height and that is used or intended to be used for residential, business or personal services, or mercantile occupancy or medium or low hazard occupancy as those expressions are described in The Manitoba Building Code established and adopted under The Buildings and Mobile Homes Act; or
(b) any building outside a city or town, used or to be used for a private dwelling, or for farm purposes, or for outbuildings or auxiliary buildings in connection therewith; or
(c) any grain elevator or grain warehouse.
No person engaged in the planning of, or in the preparation of any plans, drawings, or specifications for, or in any architectural work in connection with, any of the buildings mentioned in subsection (1) shall style himself, or hold himself out as, an architect unless he is registered as a member of the association.
Every person or firm who or which prepares plans for the erection, construction, enlargement, or alteration, of a building shall state on the plans his or its name and, in the case of a firm, the name of at least one member thereof, and shall also state thereon his or its place of business.
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 $500.; and
(b) in the case of a second or subsequent offence to a fine of not more than $1,000.
In any prosecution hereunder the burden of proving that he is registered under this Act rests upon the accused.
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.
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.
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.
Notwithstanding anything in this Act.
any person may make and prepare plans and specifications for, or supervise the erection, enlargement or alteration of, any building that is to be constructed by himself or tradesmen employed by him for his own use.
Every person or firm practising as an architect or architects in Manitoba in accordance with this Act 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".
Every such person or firm shall stamp with his or its seal all working drawings and specifications issued from his or their office for use in the province.
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.
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.
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.
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.
A decision of the council
(a) refusing a person membership in the association; or
(b) prescribing conditions upon which a person is admitted to membership in the association; or
(c) suspending or expelling a member of the association; or
(d) in respect of any complaint made to the association in writing against a member of the association, may be appealed to the Court of Queen's Bench by the person refused membership, the person admitted to membership upon the conditions prescribed, the member suspended or expelled, the member against whom the complaint was made or the person making the complaint, as the case may be, within 30 days after notice of the decision is served upon or sent by registered mail to the person appealing; and the appeal shall be commenced by an originating notice of motion and be determined by trial de novo.
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.