A-21, r. 14 - Regulation respecting refresher training periods for architects

Updated to 1 September 2012

This document has official status.

chapter A-21, r. 14

Regulation respecting refresher training periods for architects

Architects Act

(chapter A-21, s. 3).

Professional Code

(chapter C-26, s. 94, par. j).

DIVISION I GENERAL PROVISIONS

1.01. In this Regulation, unless the context indicates otherwise,

(a)  “Order” means the Ordre des architectes du Québec;

(b)  “architect” means whosoever is entered on the roll of the Order;

(c)  “training period” means a refresher training period contemplated by this Regulation;

(d)  “trainee architect” means an architect required to serve a training period;

(e)  “tutor” means an architect responsible for verifying whether a training period or part of a training period complies with the objectives and terms and conditions determined by the board of directors.

R.R.Q., 1981, c. A-21, r. 12, s. 1.01.

1.02. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. A-21, r. 12, s. 1.02.

DIVISION II TRAINING PERIOD

2.01. The board of directors may, if it considers that the level of competence of an architect does not meet the norms required for the protection of the public, oblige that architect to serve a training period where:

(a)  his name is entered on the roll more than 5 years after he has obtained his permit or more than 5 years following the date on which he was entitled to the issuance of such permit;

(b)  his name is re-entered on the roll after failing to be entered thereon for more than 5 years;

(c)  his name is re-entered on the roll after having been struck off for a period of more than 5 years;

(d)  he is the subject of a recommendation to that effect by the professional inspection committee or the disciplinary council under section 113 or 160 of the Professional Code (chapter C-26);

(e)  he has served a training period not considered to be in compliance with the objectives and terms and conditions determined by the board of directors.

R.R.Q., 1981, c. A-21, r. 12, s. 2.01.

2.02. A training period may not be prescribed later than 120 days from the time of the hearing before the professional inspection committee.

R.R.Q., 1981, c. A-21, r. 12, s. 2.02.

2.03. A training period may in particular consist of one or more of the following activities:

(a)  a period of practical training;

(b)  studies;

(c)  courses;

(d)  research work.

R.R.Q., 1981, c. A-21, r. 12, s. 2.03.

2.04. A training period may not exceed 1,000 hours, nor extend over a period of more than 12 consecutive months.

R.R.Q., 1981, c. A-21, r. 12, s. 2.04.

2.05. The board of director’s decision to oblige an architect to serve a training period must specify the objectives, duration and the terms and conditions of that training period.

R.R.Q., 1981, c. A-21, r. 12, s. 2.05.

2.06. The board of directors shall determine the place and time when the training period must be held and, where necessary, designate one or several tutors.

R.R.Q., 1981, c. A-21, r. 12, s. 2.06.

2.07. The architect is considered to be in a training period and the limitations on his right to practise shall remain in force until a report signed by the tutor indicating that the training period has been completed has been sent to the board of directors.

The tutor shall send this report within 30 days from the end of the training period and shall forward a copy thereof to the secretary of the professional inspection committee and the trainee architect.

R.R.Q., 1981, c. A-21, r. 12, s. 2.07.

DIVISION III RESTRICTION OF PROFESSIONAL ACTIVITIES

3.01. The board of directors may, if it considers it necessary for the protection of the public, limit the trainee architect’s right to practise during all or part of the training period, particularly in one or more of the following ways:

(a)  by determining when and where he is authorized or, conversely, he is not authorized to practise;

(b)  by determining the professional acts he is authorized or, conversely, he is not authorized to perform;

(c)  by requiring that the professional acts that he is authorized to perform, or certain of them, be performed under the supervision of another professional or group of professionals.

R.R.Q., 1981, c. A-21, r. 12, s. 3.01.

3.02. The board of director’s decision to limit a trainee architect’s right to practise must be transmitted to his employer, where applicable.

R.R.Q., 1981, c. A-21, r. 12, s. 3.02.

DIVISION IV DECISIONS OF THE BOARD OF DIRECTORS

4.01. Before prescribing a training period or limiting a trainee architect’s right to practise, the board of directors must give the architect concerned the opportunity to be heard. In this regard, the board of directors must give the architect a written notice of not less than 5 days prior to the date of the hearing.

R.R.Q., 1981, c. A-21, r. 12, s. 4.01.

4.02. The reasons for a decision prescribing a training period, limiting a trainee architect’s right to practise or ruling on the validity of a completed training period, must be given in writing and transmitted to the architect concerned in accordance with the Code of Civil Procedure (chapter C-25) or sent to him by registered or certified mail.

R.R.Q., 1981, c. A-21, r. 12, s. 4.02.

4.03. The board of director’s decision prescribing a training period or limiting a trainee architect’s right to practise shall take effect 30 days after being sent to or served on the latter.

R.R.Q., 1981, c. A-21, r. 12, s. 4.03.

4.04. During the training period, the board of directors may, following a duly reasoned request by the trainee architect transmitted to his tutor, reduce the duration and requirements of the training period and, where applicable, reduce the conditions of limitation on the architect’s right to practise.

R.R.Q., 1981, c. A-21, r. 12, s. 4.04.

4.05. An architect is required to comply with every decision of the board of directors rendered in accordance with this Regulation.

R.R.Q., 1981, c. A-21, r. 12, s. 4.05.

REFERENCES

R.R.Q., 1981, c. A-21, r. 12

S.Q. 2008, c. 11, s. 212