A-21 - Architects Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

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)  “Bureau” : the Bureau 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.

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 Bureau 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.

DIVISION III BUREAU

5. The Order shall be administered by a Bureau consisting of a president and thirteen directors elected in accordance with the Professional Code 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.

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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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(a)  (paragraph repealed);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 Bureau;

(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 Bureau.

1973, c. 59, s. 10; 1994, c. 40, s. 200.

11. The Bureau 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 Bureau;

(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 Bureau, has the qualifications required to practise the profession.

The Bureau 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.

12. The Bureau 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.

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.

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

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, when the total cost of such work exceeds $100 000 or when it relates to a public building within the meaning of the Public Buildings Safety Act (chapter S-3).

1973, c. 59, s. 16; 1974, c. 65, s. 98.

17. Every person using, for work described in section 16, plans and specifications not in accordance with such section, 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.

1973, c. 59, s. 17.

18. Every investigator designated by the Bureau 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.

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 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.

Section 10 of this Act will be repealed upon the coming into force of provisions of section 200 of chapter 40 of the statutes of 1994 having the effect of repealing the provisions of paragraphs b, c, d and f of this section on the date or dates fixed by order of the Government.

Section 16 of this Act will be amended upon the coming into force of section 133 of chapter 74 of the statutes of 1991 on the date fixed by order of the Government.