a-21 - Architects Act

Updated to 15 October 2008

This document has official status.

chapter A-21

Architects Act

The Minister of Justice is entrusted with the application of this Act. Order in Council 29-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1254.

DIVISION I DEFINITIONS

1. In this Act and the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:

(a)  “Order” : the Ordre des architectes du Québec constituted by this Act;

(b)  “board of directors” : the board of directors of the Order;

(c)  “architect” or “member of the Order” : any person entered on the roll;

(d)  “permit” : a permit issued in accordance with the Professional Code (chapter C‐26) and this Act;

(e)  “roll” : the list of the members in good standing of the Order prepared in accordance with the Professional Code and this Act.

1973, c. 59, s. 1; 1974, c. 65, s. 96; 1977, c. 5, s. 229; 2008, c. 11, s. 212.

DIVISION II ORDRE DES ARCHITECTES DU QUÉBEC

2. All the persons qualified to practise the profession of architect in Québec constitute a professional order called the “Ordre professionnel des architectes du Québec” or the “Ordre des architectes du Québec”.

1973, c. 59, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 196.

3. Subject to the provisions of this Act, the Order and its members shall be governed by the Professional Code (chapter C‐26).

1973, c. 59, s. 3.

4. The head office of the Order shall be at Montréal or any other place in Québec determined by regulation of the board of directors adopted pursuant to paragraph f of section 93 of the Professional Code (chapter C‐26).

1973, c. 59, s. 4; 1994, c. 40, s. 197; 2008, c. 11, s. 212.

DIVISION III BOARD OF DIRECTORS

2008, c. 11, s. 212.

5. The Order shall be administered by a board of directors consisting of a president and 13 directors elected in accordance with the Professional Code (chapter C-26) and of three other directors appointed by the Office des professions du Québec, in the manner provided in the Professional Code.

1973, c. 59, s. 5; 1974, c. 65, s. 109; 2008, c. 11, s. 212.

5.1. In addition to the duties imposed under sections 87 to 93 of the Professional Code (chapter C‐26), the board of directors shall, by regulation, determine, among the acts referred to in section 16, those which may be performed, under certain prescribed conditions, by classes of persons other than architects.

2000, c. 43, s. 1; 2008, c. 11, s. 212.

6. (Repealed).

1973, c. 59, s. 6; 1994, c. 40, s. 198.

7. (Repealed).

1973, c. 59, s. 7; 1994, c. 40, s. 198.

8. (Repealed).

1973, c. 59, s. 8; 1994, c. 40, s. 198.

9. (Repealed).

1973, c. 59, s. 9; 1994, c. 40, s. 198.

DIVISION IV TEMPORARY PERMIT

1994, c. 40, s. 199.

10. Every person is entitled to obtain a permit who applies for it and who:

(a)  (paragraph repealed);

(b)  holds a diploma recognized as valid for that purpose by the Government or considered equivalent by the board of directors;

(c)  has complied with the requirements of the professional training periods;

(d)  has passed the examinations required by the Order;

(e)  (paragraph repealed);

(f)  has complied with the conditions and formalities imposed under this Act and the regulations of the board of directors.

1973, c. 59, s. 10; 1994, c. 40, s. 200; 2008, c. 11, s. 212.

11. The board of directors may issue a permit on the conditions it determines:

(a)  to any person fulfilling the conditions fixed in paragraphs d to f of section 10 and who has completed nine years of clerkship with a principal recognized by the board of directors;

(b)  to every member of an association of architects of a Canadian province who fulfils the conditions fixed in paragraphs b, e and f of section 10, provided that there is reciprocity in that province in respect of the members of the Order;

(c)  to any person who fulfils the conditions fixed in paragraphs e and f of section 10 and who, in the opinion of the board of directors, has the qualifications required to practise the profession.

The board of directors may, at any time, suspend the application of subparagraph a, provided that it grants a minimum of ten years to persons then serving their clerkship, to enable them to complete it and to pass the required examinations.

1973, c. 59, s. 11; 2008, c. 11, s. 212.

12. The board of directors may issue, on the conditions it determines, a temporary permit to any person engaged as a professor in a school of architecture of Québec recognized by the Government. Such permit is valid for the period of the engagement of such person as professor.

1973, c. 59, s. 12; 2008, c. 11, s. 212.

13. (Repealed).

1973, c. 59, s. 13; 1994, c. 40, s. 200.

DIVISION V PRACTICE OF THE PROFESSION OF ARCHITECTURE

14. (Repealed).

1973, c. 59, s. 14; 1994, c. 40, s. 200.

15. Every person, without being entered on the roll, who:

(a)  practises the profession of architect;

(b)  assumes the title of architect, either alone or with any other word;

(c)  uses any title, designation or abbreviation that may lead to the belief that he is allowed to practise the profession of architecture;

(d)  acts as an architect or in a manner leading to the belief that he is authorized to act as such;

(e)  authenticates by seal, signature or initials any document relating to the practice of the profession of architecture,

(f)  (subparagraph repealed)

is guilty of an offence and is liable, for each offence, to the penalties provided in section 188 of the Professional Code (chapter C‐26).

Nothing in this section shall prevent a person who, on 1 February 1974, was and called himself a landscape-architect, from continuing to bear such title.

Nothing in this section shall prevent a person from performing acts reserved for members of the Order, provided he performs them in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code.

Nothing in this section shall prevent a person belonging to a class of persons to which a regulation under section 5.1 applies from performing acts reserved for a member of the Order, provided the acts are performed in accordance with the provisions of the regulation.

1973, c. 59, s. 15; 1974, c. 65, s. 97; 1994, c. 40, s. 201; 2000, c. 43, s. 2.

16. All plans and specifications for architectural work for the construction, enlargement, reconstruction, renovation or alteration of a building must be signed and sealed by a member of the Order.

1973, c. 59, s. 16; 1974, c. 65, s. 98; 2000, c. 43, s. 3.

16.1. Section 16 does not apply to plans and specifications for architectural work

(1)  for the construction, enlargement, reconstruction, renovation or alteration of

(a)  a detached single-family dwelling unit ; or

(b)  a semi-detached or attached single-family dwelling unit, a multi-family dwelling that contains no more than four units, a mercantile occupancy, business occupancy, industrial occupancy or a combination of such dwellings or occupancies that is not more than two storeys and not more than 300 square metres in gross area after the work is completed and has a single basement level ; or

(2)  for the alteration or renovation of the interior layout of any building or part of a building that will not change its occupancy or affect structural integrity, walls or firewalls, exits or access to exits or exterior cladding.

2000, c. 43, s. 4.

16.2. For the purposes of section 16.1,

“business occupancy” means the occupancy or use of a building or part of a building for the transaction of business or for the provision of professional or personal services;

“dwelling unit” means a building or part of a building that provides sleeping accommodation for persons but is not used for the housing or detention of persons who require medical care or who are involuntarily detained;

“gross area” means the total area of all floors above grade measured between the outside surfaces of exterior walls;

“industrial occupancy” means the occupancy or use of a building or part of a building for assembling, fabricating, manufacturing, processing, repairing or storing products, goods or materials, but does not include medium hazard or high hazard industrial establishment occupancies, as defined in a regulation under the Building Act (chapter B‐1.1);

“mercantile occupancy” means the occupancy or use of a building or part of a building for displaying or selling retail goods, wares or merchandise.

2000, c. 43, s. 4.

17. Every person using plans and specifications not in conformity with section 16 or allowing plans and specifications not in conformity with section 16 to be used for work to which that section applies, is guilty of an offence and is liable to a fine not exceeding $10,000.

However, a contractor who carries out work on behalf of others is liable to such penalty, when at first sight the plans used by him appear to have been signed and sealed by a member of the Order, only if he continues to carry it out after receiving a written notice from the Order that the plans and specifications used for such work are not in accordance with section 16.

A person who allows plans and specifications that appear to have been signed and sealed by members of the Order to be used is not liable to such a penalty.

1973, c. 59, s. 17; 2000, c. 43, s. 5.

18. Every investigator designated by the board of directors may enter a construction site at any reasonable hour to ascertain whether section 16 is complied with.

Such investigator shall, if so required, exhibit a certificate signed by the secretary of the Order attesting his authority.

1973, c. 59, s. 18; 2008, c. 11, s. 212.

19. (Repealed).

1973, c. 59, s. 19; 1990, c. 4, s. 58; 1992, c. 61, s. 54.

20. Nothing in sections 15 and 16 shall be interpreted as affecting in any manner the rights conferred by law upon the members of the Ordre des ingénieurs du Québec.

1973, c. 59, s. 20; 1977, c. 5, s. 229.

21. The oath of the architect shall make proof that the services he has rendered were required, and of the nature and duration of such services, but such oath may be contradicted in the same manner as any other evidence.

1973, c. 59, s. 21.

22. Actions instituted by architects to recover amounts due them for professional services are deemed matters which must be tried and decided by preference in accordance with the Code of Civil Procedure (chapter C-25).

1973, c. 59, s. 22.

DIVISION V.1 REPORT CONCERNING SECTION 5.1

2000, c. 43, s. 7.

22.1. The Minister shall, not later than two years from the coming into force of section 5.1, report to the Government on the application of that provision.

The report shall be tabled in the National Assembly within the next 15 days or, if it is not in session, within 15 days of resumption.

Within three months following the date of tabling of the report, the competent committee of the National Assembly shall examine the report, in particular as concerns the application of section 5.1. The committee shall hear the representative bodies it designates on that matter.

2000, c. 43, s. 7.

DIVISION VI

This Division ceased to have effect on 17 April 1987.

23. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 59 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 23 to 29 and 31, effective from the coming into force of chapter A-21 of the Revised Statutes.