A-21, r. 3 - Regulation respecting other terms and conditions for permits to be issued by the Ordre des architectes du Québec

Full text
chapter A-21, r. 3
Regulation respecting other terms and conditions for permits to be issued by the Ordre des architectes du Québec
ARCHITECTS — PERMITS — TERMS AND CONDITIONS
Architects Act
(chapter A-21, s. 3)
A-21
Professional Code
(chapter C-26, s. 94, par. i)
C-26
October 10 2013
Replaced, Décision 2013-09-09, 2013 G.O. 2, 4233, eff. 2013-10-10; see chapter A-21, r. 3.1.
DIVISION I
GENERAL PROVISIONS
1.01. In this Regulation, unless the context indicates otherwise,
(a)  “student of the Order” means a person admitted to clerkship with a principal and entered in the register of students of the Ordre des architectes du Québec (Order);
(b)  “principal” means a member of the Order recognized by the board of directors who administers an architects’ office;
(c)  “Act” means the Architects Act (chapter A-21);
(d)  “trainee” means a person who serves a training period;
(e)  “recognized university” means an institution issuing a diploma in architecture recognized in accordance with the first paragraph of section 184 of the Professional Code (chapter C-26).
R.R.Q., 1981, c. A-21, r. 2, s. 1.01.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. A-21, r. 2, s. 1.02.
DIVISION II
GENERAL PRINCIPLES
2.01. A candidate who holds a diploma issued by a recognized university or considered equivalent by the board of directors, in accordance with the standards fixed under paragraph c of section 93 of the Professional Code (chapter C-26), must if he wishes to avail himself of section 10 of the Act in order to obtain a permit, hold a registration certificate, serve the training period, pass the examination for admission and comply with the other terms and conditions for issuing permits prescribed in the Act and this Regulation.
R.R.Q., 1981, c. A-21, r. 2, s. 2.01.
2.02. A person who does not hold a diploma issued by a recognized university or one considered equivalent by the board of directors, in accordance with the standards fixed under paragraph c of section 93 of the Professional Code (chapter C-26), must, if he wishes to avail himself of subparagraph a of the first paragraph of section 11 of the Act in order to obtain a permit, serve the clerkship, pass the intermediate examination, the final examination and the examination for admission and comply with the other terms and conditions for issuing permits prescribed in the Act and this Regulation.
R.R.Q., 1981, c. A-21, r. 2, s. 2.02.
DIVISION III
TRAINING PERIOD
R.R.Q., 1981, c. A-21, r. 2, Div. III; O.C. 1144-93, s. 1.
3.01. A training period is a 3-year period of learning intended to familiarize a candidate with the various aspects of architecture so that he may attain the level of professional autonomy required to practise the profession.
R.R.Q., 1981, c. A-21, r. 2, s. 3.01; O.C. 1144-93, s. 1.
3.02. To be recognized as valid by the committee on admissions, a candidate’s training period shall be served under the supervision of an architect and shall enable the candidate to acquire practical experience in each of the following areas:
(a)  design;
(b)  construction documents — specifications;
(c)  construction documents — working drawings;
(d)  bidding and contract award;
(e)  contract administration (general review);
(f)  estimates of construction costs;
(g)  coordination of consultants; and
(h)  office administration.
R.R.Q., 1981, c. A-21, r. 2, s. 3.02; O.C. 1144-93, s. 1.
3.03. Notwithstanding section 3.02, up to 12 months of a training period not served under the supervision of an architect are recognized as valid where the candidate has completed his bachelor’s degree in architecture and:
(a)  works full-time in a field related to architecture; or
(b)  has completed a graduate program in architecture or in a related field.
R.R.Q., 1981, c. A-21, r. 2, s. 3.03; O.C. 1144-93, s. 1.
3.04. Before obtaining his diploma, a candidate who has earned at least 75% of the credits leading to a diploma recognized in accordance with the first paragraph of section 184 of the Professional Code (chapter C-26) may complete up to 12 months of his training period in accordance with the requirements of section 3.02.
R.R.Q., 1981, c. A-21, r. 2, s. 3.04; O.C. 1144-93, s. 1.
3.05. To be admitted to a training period, a candidate shall file with the committee on admissions an application for admission countersigned by his immediate superior and accompanied by:
(a)  a copy of his registration certificate;
(b)  proof:
i.  that he holds a diploma issued by a recognized university or a diploma considered equivalent by the board of directors in accordance with the standards fixed in a regulation made under paragraph c of section 93 of the Professional Code (chapter C-26); or
ii.  that he has earned at least 75% of the credits of a program of study at a recognized university;
(c)  information as to where he is serving his training period; and
(d)  a description of the activities that he plans to carry out during his training period.
R.R.Q., 1981, c. A-21, r. 2, s. 3.05; O.C. 1144-93, s. 1.
3.06. Where a change occurs with respect to a candidate’s training period, the candidate shall file a new application for admission to a training period, which shall contain the information provided for in paragraphs c and d of section 3.05.
R.R.Q., 1981, c. A-21, r. 2, s. 3.06; O.C. 1144-93, s. 1.
3.07. A training period report duly completed and signed by the candidate and by his immediate superior shall be submitted to the committee on admissions in the following circumstances:
(a)  where a training period extends beyond 12 months;
(b)  where a training period ends; or
(c)  where the candidate registers for the examination for admission.
The report shall contain information about:
(a)  the activities carried out or observed by the candidate in accordance with section 3.02;
(b)  the time devoted by the candidate to each activity; and
(c)  the work performed by the candidate.
R.R.Q., 1981, c. A-21, r. 2, s. 3.07; O.C. 1144-93, s. 1.
3.08. After studying the training period report prescribed in section 3.07, the committee on admissions shall decide whether the training period is valid and whether the candidate has fulfilled the requirements of this Regulation.
O.C. 1144-93, s. 1.
3.09. Where a candidate who submits the report prescribed in section 3.07 holds a diploma considered equivalent by the board of directors and where his report mentions a training period served outside Québec, the committee on admissions shall recognize the validity of up to 12 months of that training period, if it enabled the candidate to acquire practical experience in each of the areas listed in section 3.02.
O.C. 1144-93, s. 1.
DIVISION IV
CLERKSHIP
4.01. The clerkship prescribed in subparagraph a of the first paragraph of section 11 of the Act is a professional training period of 9 years served with one or several principals by a student of the Order and under the control of the Order.
R.R.Q., 1981, c. A-21, r. 2, s. 4.01.
4.02. To be admitted to clerkship, a person must be entered on the register of students of the Order by submitting to the committee on admissions an application to that effect, accompanied by the following:
(a)  proof to the effect that he is the holder of a diploma of college studies issued by the Ministère de l’Éducation, du Loisir et du Sport, or that he has had equivalent training determined by the committee on admissions;
(b)  proof to the effect that he is employed by a principal together with the acceptance by the principal to act in that capacity;
(c)  a certified copy of his act of birth or satisfactory proof of the date and place of birth;
(d)  his curriculum vitae;
(e)  a recent photograph measuring 5 cm sur 5 cm certified under his signature as being his own; and
(f)  the registration fees required by the Order.
R.R.Q., 1981, c. A-21, r. 2, s. 4.02.
4.03. A student of the Order must apply to the committee on admissions for the renewal of his registration before 1 April each year. The renewal shall be granted if he furnishes proof that he is employed by a principal, together with the principal’s acceptance to act in that capacity and if he pays the required fees.
R.R.Q., 1981, c. A-21, r. 2, s. 4.03.
4.04. A student of the Order must, within 30 days of the date on which he ceases to be employed by a principal, notify the committee on admissions thereof.
R.R.Q., 1981, c. A-21, r. 2, s. 4.04.
4.05. At the time of renewal of his registration, the student of the Order must furnish the committee on admissions with a report countersigned by the principal and containing the following information:
(a)  a summary description of the work in which he has participated; and
(b)  a statement of his contribution to the work referred to in paragraph a.
R.R.Q., 1981, c. A-21, r. 2, s. 4.05.
4.06. After study of a report similar to that referred to in section 4.05, the committee on admissions may recognize a period of clerkship of not more than 7 years, served with a principal by a candidate prior to his entry on the register of students of the Order.
R.R.Q., 1981, c. A-21, r. 2, s. 4.06.
DIVISION V
EXAMINATIONS
§ 1.  — General provisions
5.01.01. The examinations of the Order are the intermediate examination, the final examination and the examination for admission.
R.R.Q., 1981, c. A-21, r. 2, s. 5.01.01.
5.01.02. The intermediate examination shall deal with the following subjects:
(a)  mathematics;
(b)  descriptive geometry;
(c)  static mechanics and theory of the resistance of materials;
(d)  construction;
(e)  application of the resistance of materials;
(f)  history of architecture I; and
(g)  architectural composition I.
R.R.Q., 1981, c. A-21, r. 2, s. 5.01.02.
5.01.03. The final examination shall deal with the following subjects:
(a)  mechanical systems;
(b)  electricity and lighting;
(c)  theory of structures;
(d)  acoustics;
(e)  specifications and estimates;
(f)  history of architecture II; and
(g)  architectural composition II.
R.R.Q., 1981, c. A-21, r. 2, s. 5.01.03.
5.01.04. With the exception of architectural composition, each subject of the intermediate and final examinations is sanctioned by a written examination of 3 hours. Each architectural composition examination shall last one week.
R.R.Q., 1981, c. A-21, r. 2, s. 5.01.04.
5.01.05. The examination for admission shall consist of 8 parts lasting 3 hours each, except the part on architectural composition, which shall last 12 hours. The examination is designed to determine whether the candidate has sufficient knowledge of:
(a)  the Professional Code (chapter C-26), the Architects Act (chapter A-21) and the regulations made thereunder;
(b)  articles of the Civil Code that concern architects;
(c)  the various services rendered by architects;
(d)  Québec laws and regulations that govern the construction of buildings;
(e)  relationships between architects and other parties working in the field of construction;
(f)  building materials and construction methods;
(g)  methods of estimating construction costs;
(h)  the preparation of specifications;
(i)  the administration of an architects’ office;
(j)  the stages in a construction project;
(k)  architecture in general;
(l)  the application of the principles of design; and
(m)  architectural composition.
R.R.Q., 1981, c. A-21, r. 2, s. 5.01.05; O.C. 1144-93, s. 2.
5.01.06. A candidate who has failed a second time in one of the subjects of the intermediate or final examination, with the exception of architectural composition, may sit for a further written examination or an oral examination on that subject.
R.R.Q., 1981, c. A-21, r. 2, s. 5.01.06.
5.01.07. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 5.01.07; O.C. 1144-93, s. 3.
§ 2.  — Eligibility
5.02.01. To be eligible for the intermediate examination, a student of the Order must have completed 2 years of clerkship and submit for the approval of the committee on admissions the proof of studies required under the program of subjects of the intermediate examination available at the office of the Order.
R.R.Q., 1981, c. A-21, r. 2, s. 5.02.01.
5.02.02. The committee on admissions shall exempt from one of the subjects of the intermediate examination a candidate who shows that he has acquired sufficient knowledge of that examination subject.
R.R.Q., 1981, c. A-21, r. 2, s. 5.02.02.
5.02.03. To be eligible for the final examination, a student of the Order must have passed the intermediate examination or have been exempted therefrom, have completed 6 years of clerkship and have submitted for the approval of the committee on admissions the proof of studies required under the program of subjects of the final examination available at the office of the Order.
R.R.Q., 1981, c. A-21, r. 2, s. 5.02.03.
5.02.04. To be eligible for the examination for admission, a student of the Order must have passed the intermediate examination or have been exempted therefrom, have passed the final examination and have completed 9 years of clerkship.
R.R.Q., 1981, c. A-21, r. 2, s. 5.02.04.
§ 3.  — Procedure and terms and conditions of examinations
5.03.01. The intermediate and final examinations shall be held in the first fortnight in the months of May and November.
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.01.
5.03.02. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.02; O.C. 1144-93, s. 5.
5.03.03. An application for registration for the intermediate or final examination must be submitted in writing and forwarded to the secretary of the committee on admissions 2 months prior to the date fixed for the examination; it must be accompanied by the fees required by the Order.
An application for registration for the examination for admission shall also be accompanied by a recent photograph of the candidate.
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.03; O.C. 1144-93, s. 4.
5.03.04. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.04; O.C. 1144-93, s. 5.
5.03.05. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.05; O.C. 1144-93, s. 5.
5.03.06. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.06; O.C. 1144-93, s. 5.
5.03.07. A student of the Order may write or rewrite separately each subject of the intermediate or final examination. He shall be bound to rewrite only the subjects which he failed.
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.07; O.C. 1144-93, s. 6.
5.03.08. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.08; O.C. 1144-93, s. 5.
5.03.09. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.09; O.C. 1144-93, s. 5.
5.03.10. The candidate who is caught in possession of notes or any other unauthorized document shall be excluded from the examination.
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.10.
5.03.11. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 5.03.11; O.C. 1144-93, s. 5.
DIVISION VI
TERMS AND CONDITIONS FOR ISSUING PERMITS
6.01. A candidate who fulfills the conditions and meets the requirements of section 10 of the Act must, to obtain a permit, submit to the committee on admissions an application to that effect accompanied by the following:
(a)  a certified copy of his diploma;
(b)  a recent photograph measuring 5 cm sur 5 cm certified under his signature as being his own;
(c)  a certified copy of his act of birth or satisfactory proof of the date and place of birth;
(d)  proof:
i.  that he is a Canadian citizen; or
ii.  that he was legally admitted to Canada to remain therein permanently, and that he is domiciled in Québec, and also a declaration whereby he binds himself to apply for Canadian citizenship as soon as he is able to do so pursuant to the Citizenship Act (R.S.C. 1985, c. C-29);
(e)  a specimen of his signature;
(f)  proof, in the case where the law so requires, that he has a working knowledge of the French language determined in accordance with the standards established for such purpose by regulation of the Office québécois de la langue française; and
(g)  the registration fees.
R.R.Q., 1981, c. A-21, r. 2, s. 6.01; Erratum, Suppl 61.
6.02. A candidate who fulfills the conditions and meets the requirements of subparagraph a of the first paragraph of section 11 of the Act must, in order to obtain a permit, submit to the committee on admissions an application to that effect accompanied by the following:
(a)  a certified copy of his act of birth or satisfactory proof of the date and place of birth;
(b)  proof:
i.  that he is a Canadian citizen; or
ii.  that he was legally admitted to Canada to remain therein permanently and that he is domiciled in Québec, and also a declaration whereby he binds himself to apply for Canadian citizenship as soon as he is able to do so pursuant to the Citizenship Act (R.S.C. 1985, c. C-29);
(c)  a specimen of his signature;
(d)  proof, in the case where the law so requires, that he has a working knowledge of the French language determined in accordance with the standards established for such purpose by regulation of the Office québécois de la langue française; and
(e)  the registration fees.
R.R.Q., 1981, c. A-21, r. 2, s. 6.02.
6.03. A candidate who fulfills the conditions and meets the requirements of subparagraph b of the first paragraph of section 11 of the Act must, to obtain a permit, submit to the committee on admissions an application to that effect accompanied by the following:
(a)  proof that he is a member in good standing of an association of architects of a Canadian province;
(b)  a declaration under his signature to the effect that he has read and studied the articles of the Civil Code of particular interest to architects published by the Order, the Professional Code (chapter C-26), as well as the Act and the regulations of the Order;
(c)  a certified copy of his diploma;
(d)  a recent photograph measuring 5 cm sur 5 cm certified under his signature as being his own;
(e)  a certified copy of his act of birth or satisfactory proof of the date and place of birth;
(f)  proof:
i.  that he is a Canadian citizen; or
ii.  that he was legally admitted to Canada to remain therein permanently and that he is domiciled in Québec, and also a declaration whereby he binds himself to apply for Canadian citizenship as soon as he is able to do so pursuant to the Citizenship Act (R.S.C. 1985, c. C-29);
(g)  a specimen of his signature;
(h)  proof, in the case where the law so requires, that he has a working knowledge of the French language determined in accordance with the standards established for such purpose by regulation of the Office québécois de la langue française; and
(i)  the registration fees.
R.R.Q., 1981, c. A-21, r. 2, s. 6.03.
6.04. A candidate who fulfills the conditions and meets the requirements of subparagraph c of the first paragraph of section 11 of the Act must, to obtain a permit, submit to the committee on admissions an application to that effect accompanied by the following:
(a)  a recent photograph measuring 5 cm sur 5 cm certified under his signature as being his own;
(b)  a certified copy of his act of birth or satisfactory proof of the date and place of birth;
(c)  proof:
i.  that he is a Canadian citizen; or
ii.  that he was legally admitted to Canada to remain therein permanently and that he is domiciled in Québec, and also a declaration whereby he binds himself to apply for Canadian citizenship as soon as he is able to do so pursuant to the Citizenship Act (R.S.C. 1985, c. C-29);
(d)  a specimen of his signature;
(e)  proof, in the case where the law so requires, that he has a working knowledge of the French language, determined in accordance with the standards established for such purpose by regulation of the Office québécois de la langue française; and
(f)  the registration fees.
R.R.Q., 1981, c. A-21, r. 2, s. 6.04.
6.05. A candidate must, to obtain the permit contemplated in section 12 of the Act, hold a diploma in architecture recognized by the board of directors in accordance with the standards fixed under paragraph c of section 93 of the Professional Code (chapter C-26), have passed the examination for admission and submit to the committee on admissions an application to that effect accompanied by the following:
(a)  a declaration to the effect that he is not a Canadian citizen or that he was not admitted to remain permanently in Canada;
(b)  proof that he is legally authorized to practise the profession of architect outside Canada;
(c)  proof that he is associated with a member of the Order residing in Québec;
(d)  proof that he is a professor by profession;
(e)  a copy of the agreement binding him to his employer;
(f)  a recent photograph measuring 5 cm sur 5 cm certified under his signature as being his own;
(g)  a certified copy of his act of birth or satisfactory proof of the date and place of birth;
(h)  a specimen of his signature;
(i)  proof, in the case where the law so requires, that he has a working knowledge of the French language determined in accordance with the standards established for such purpose by regulation of the Office québécois de la langue française; and
(j)  the registration fees.
R.R.Q., 1981, c. A-21, r. 2, s. 6.05.
6.06. To obtain the temporary permit contemplated in section 41 of the Professional Code (chapter C-26), a candidate must submit to the committee on admissions an application to that effect accompanied by the following:
(a)  proof that he is a member in good standing of an association of architects of a Canadian province which agrees to reciprocity or, if he practises his profession outside Canada, proof that he is a member in good standing of the body which governs the practice of architecture in his country;
(b)  proof that he is a consultant, with respect to a given project, to a member of the Order residing in Québec;
(c)  proof that the candidate and the member of the Order contemplated in paragraph b are engaged by the same client;
(d)  a commitment to the effect that the preparation of plans and specifications and the supervision of the work will be in actual collaboration with the member of the Order who will seal and sign with the candidate the plans and specifications;
(e)  a declaration indicating the project, its site and the estimated cost of the construction work;
(f)  a recent photograph measuring 5 cm sur 5 cm certified under his signature as being his own;
(g)  a certified copy of his act of birth or other proof of the date and place of birth;
(h)  a specimen of his signature; and
(i)  the fees required by the Order.
R.R.Q., 1981, c. A-21, r. 2, s. 6.06.
DIVISION VII
REGISTRATION FEES OF STUDENTS OF THE ORDER
7.01. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 7.01; Decision 82-03-31, s. 1; O.C. 65-92, s. 1.
DIVISION VIII
EXAMINATION FEES
8.01. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 8.01; Decision 82-03-31, s. 2; O.C. 1290-89, s. 1; O.C. 65-92, s. 1.
DIVISION IX
FEES FOR THE ISSUANCE AND RENEWAL OF PERMITS
9.01. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 9.01; O.C. 1427-85, s. 1; O.C. 65-92, s. 1.
9.02. A Canadian citizen who is legally authorized to practise the profession of architect in another province of Canada which agrees to reciprocity must, to obtain or renew a temporary permit, pay the same fees as those required of a member of the Order by the provincial association of which such Canadian citizen is a member.
R.R.Q., 1981, c. A-21, r. 2, s. 9.02.
9.03. Revoked.
R.R.Q., 1981, c. A-21, r. 2, s. 9.03; O.C. 65-92, s. 1.
DIVISION X
TRANSITIONAL PROVISIONS
10.01. (Revoked).
R.R.Q., 1981, c. A-21, r. 2, s. 10.01; O.C. 65-92, s. 1.
10.02. A candidate who passed the examination of professional practice and legislation, as prescribed in the regulations of the Order in force before 24 November 1976, shall be exempt from the examination for admission prescribed in this Regulation.
R.R.Q., 1981, c. A-21, r. 2, s. 10.02.
10.03. A candidate who passed one of the subjects of the final or intermediate examination, as prescribed in the regulations of the Order in force before 24 November 1976, shall be considered to have passed the corresponding subjects of the final or intermediate examination prescribed in this Regulation.
R.R.Q., 1981, c. A-21, r. 2, s. 10.03.
10.04. A period of clerkship served in accordance with the regulations of the Order in force before 24 November 1976, shall be considered to be equivalent to the same period of clerkship or training served in accordance with this Regulation.
R.R.Q., 1981, c. A-21, r. 2, s. 10.04.
REFERENCES
R.R.Q., 1981, c. A-21, r. 2 and Suppl 61
Decision 82-03-31, 1982 G.O. 2, 1501; Suppl 62
O.C. 1427-85, 1985 G.O. 2, 3681
O.C. 1290-89, 1989 G.O. 2, 3703
O.C. 65-92, 1992 G.O. 2, 815
O.C. 1144-93, 1993 G.O. 2, 4905
S.Q. 2008, c. 11, s. 212