A-21, r. 15 - Regulation respecting the keeping of records, the register and offices of architects

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter A-21, r. 15

Regulation respecting the keeping of records, the register and offices of architects

Architects Act

(chapter A-21, s. 3).

Professional Code

(chapter C-26, s. 91).

R.R.Q., 1981, c. A-21, r. 14; O.C. 869-92, s. 1.

DIVISION I GENERAL PROVISIONS

1.01. This Regulation is made under section 91 of the Professional Code (chapter C-26).

R.R.Q., 1981, c. A-21, r. 14, s. 1.01.

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

R.R.Q., 1981, c. A-21, r. 14, s. 1.02.

1.03. Nothing in this Regulation must be interpreted as excluding the use of data processing or any other technique for the constitution and keeping of the records of an architect.

R.R.Q., 1981, c. A-21, r. 14, s. 1.03.

DIVISION II KEEPING OF RECORDS AND THE REGISTER

2.01. Subject to section 2.07, the architect must keep, at the place he practises his profession:

(a)  a register which contains, as he receives his mandates, the following information:

i.  the date of the agreement concluded between him and his client relative to his professional services;

ii.  the name, address and telephone number of the client; and

iii.  a summary description of the mandate;

(b)  a record for each mandate, in which he shall insert, in chronological order, in addition to dated reports summarizing his interviews with his client, the following documents, if he has received them or if he has had to prepare them:

i.  the documents and programs provided by the client;

ii.  land-survey drawings;

iii.  soil analysis reports;

iv.  sketches;

v.  preliminary studies;

vi.  preliminary estimates;

vii.  working drawings;

viii.  detail drawings;

ix.  specifications;

x.  contractual documents;

xi.  documents respecting the co-ordination of the structure and mechanical and electrical systems;

xii.  shop drawings;

xiii.  field meeting reports;

xiv.  change orders;

xv.  payment certificates;

xvi.  plans “as built”;

xvii.  documents respecting privileges;

xviii.  transmittal forms;

xix.  a copy of any exchange of correspondence; and

xx.  every other document of which the client has obtained a copy, as well as any document respecting the carrying out of the mandate.

R.R.Q., 1981, c. A-21, r. 14, s. 2.01.

2.02. The architect must keep each record up to date until the time when he ceases to render professional services to the person concerned by such record.

R.R.Q., 1981, c. A-21, r. 14, s. 2.02.

2.03. The architect’s register and record must be kept for a minimum period of 5 years, commencing on the date of the last service rendered or, when the project has been carried out, commencing from the date of the end of the work.

R.R.Q., 1981, c. A-21, r. 14, s. 2.03.

2.04. If the architect is advised that there has been a defect in construction within 5 years of the end of the work, the register and record mentioned in section 2.01 must be kept for a period of 5 years commencing on the date of such notice.

R.R.Q., 1981, c. A-21, r. 14, s. 2.04.

2.05. The architect must keep his records in an office or a cabinet which is not readily accessible to the public and which may be locked by key or otherwise.

R.R.Q., 1981, c. A-21, r. 14, s. 2.05.

2.06. Where a client withdraws a document from the record which concerns him, a note signed by such client or by the architect and indicating the nature of the document and the date of withdrawal must appear in such record.

R.R.Q., 1981, c. A-21, r. 14, s. 2.06.

2.07. Where an architect is a member or is in the employ of a partnership, or where he is employed by a natural or legal person, the records kept by such partnership or employer respecting the services which the architect renders shall be considered, for the purposes of this Regulation, as the latter’s records if he can enter the items or information mentioned in section 2.01 therein; if he cannot do so, he must keep his records in accordance with section 2.01.

The architect must sign or initial every document or report he has prepared and which he introduces in a record in accordance with the first paragraph.

R.R.Q., 1981, c. A-21, r. 14, s. 2.07.

DIVISION III KEEPING OF OFFICES

3.01. In the practice of his profession, an architect may keep:

(1)  offices where any work related to the practice of his profession is carried out;

(2)  consulting offices used only to conduct consultations personally, to advise clients or to carry out personally any work related to the practice of his profession;

(3)  field offices located on a construction site for the duration of the work and used only for activities related to supervision of the work.

R.R.Q., 1981, c. A-21, r. 14, s. 3.01; O.C. 869-92, s. 2.

3.02. Every office referred to in section 3.01 must have on its facade a sign bearing the firm name used by the architect.

The consulting or field offices must be explicitly designated as such whenever they are advertised.

R.R.Q., 1981, c. A-21, r. 14, s. 3.02; O.C. 869-92, s. 2.

3.03. Where an architect keeps more than one office referred to in paragraph 1 of section 3.01, each of them must be headed by an architect.

R.R.Q., 1981, c. A-21, r. 14, s. 3.03; O.C. 869-92, s. 2.

3.04. An architect who keeps an office or a consulting office must, within 30 days of beginning to practise his profession, so inform the Order by sending written notice to the secretary of the Order. The notice shall include the address of his office. He must also notify the secretary of any change in that regard within 30 days following the change.

R.R.Q., 1981, c. A-21, r. 14, s. 3.04; O.C. 869-92, s. 2.

3.05. An architect must post a copy of his permit in public view in any office or consulting office at which he practises his profession.

R.R.Q., 1981, c. A-21, r. 14, s. 3.05; O.C. 869-92, s. 2.

3.06. An architect must display for public consultation, in his office or consulting office, a copy of the Code of ethics of architects (chapter A-21, r. 5) and of the Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre professionel des architectes du Québec (chapter A-21, r. 12).

R.R.Q., 1981, c. A-21, r. 14, s. 3.06; O.C. 869-92, s. 2.

3.07. (Replaced).

R.R.Q., 1981, c. A-21, r. 14, s. 3.07; O.C. 869-92, s. 2.

3.08. (Replaced).

R.R.Q., 1981, c. A-21, r. 14, s. 3.08; O.C. 869-92, s. 2.

3.09. (Replaced).

R.R.Q., 1981, c. A-21, r. 14, s. 3.09; O.C. 869-92, s. 2.

REFERENCES

R.R.Q., 1981, c. A-21, r. 14

O.C. 869-92, 1992 G.O. 2, 2925