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O. Reg. 205/02: GENERAL
filed June 28, 2002 under Architects Act, R.S.O. 1990, c. A.26
Skip to contentONTARIO regulation 205/02
made under the
architects act
Made: March 21, 2002
Approved: June 26, 2002
Filed: June 28, 2002
Printed in The Ontario Gazette: July 13, 2002
Amending Reg. 27 of R.R.O. 1990
(General)
1. Section 2 of Regulation 27 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:
2. (1) The following electoral districts are established:
1. Eastern Ontario, composed of the counties of Frontenac, Hastings, Lanark, Lennox and Addington, and Renfrew, the County of Prince Edward, the united counties of Leeds and Grenville, Prescott and Russell, and Stormont, Dundas and Glengarry, and the City of Ottawa.
2. Central Ontario, composed of the counties of Dufferin, Haliburton, Northumberland, Peterborough and Simcoe, the City of Kawartha Lakes, The Regional Municipalities of Durham, Peel and York, The Regional Municipality of Halton excluding the City of Burlington, and the Territorial District of Muskoka.
3. Northern Ontario, composed of the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming.
4. Western Ontario, composed of the City of Hamilton, Haldimand County, Norfolk County, the City of Burlington, The Regional Municipalities of Niagara and Waterloo, the counties of Bruce, Elgin, Essex, Grey, Huron, Lambton, Middlesex, Perth and Wellington, the County of Brant, the County of Oxford, and the Municipality of Chatham-Kent.
5. City of Toronto.
6. Province of Ontario.
(2) Fifteen members shall be elected to the Council under clause 3 (2) (a) of the Act, in accordance with the Table to this subsection.
TABLE
Electoral District |
Number of Members |
Eastern Ontario |
2 |
Central Ontario |
2 |
Northern Ontario |
1 |
Western Ontario |
2 |
City of Toronto |
4 |
Province of Ontario |
4 |
(3) Despite subsection (2), in the transitional years of 2002, 2003 and 2004, members shall be elected for the new electoral districts in accordance with the Table to this subsection.
TABLE
Electoral District |
Number Elected 2002 |
Number Elected 2003 |
Number Elected 2004 |
Eastern Ontario |
1 |
1 |
0 |
Central Ontario |
0 |
0 |
2 |
Northern Ontario |
0 |
1 |
0 |
Western Ontario |
0 |
1 |
1 |
City of Toronto |
3 |
1 |
1 |
Province of Ontario |
2 |
1 |
1 |
(4) Despite subsection (2), the members elected for old electoral districts in 1999, 2000 and 2001 shall serve their full terms and shall be deemed to have been elected for the corresponding new electoral districts in accordance with the Table to this subsection.
TABLE
Old Electoral District |
New Electoral District |
Northern Ontario (1 member elected 2000) |
Northern Ontario |
Southwestern Ontario (1 member elected 2001) |
Western Ontario |
Eastern Ontario (1 member elected 2001) |
Eastern Ontario |
North Central Ontario (2 members elected 2001) |
Central Ontario |
Ottawa Centre (1 member elected 1999) |
Eastern Ontario |
Province of Ontario (1 member elected 2000, 1 elected 2001) |
Province of Ontario |
Toronto Centre (3 members elected 1999) |
City of Toronto |
West Central Ontario (1 member elected 2000) |
Western Ontario |
Western Ontario (1 member elected 1999) |
Western Ontario |
East Central Ontario (1 member elected 2000) |
Central Ontario |
(5) Despite subsection 3 (4) (three-year terms), one of the three members elected for the City of Toronto electoral district in 2002 shall have a two-year term.
2. Clause 34 (a) of the Regulation is revoked and the following substituted:
(a) evidence that the applicant is,
(i) insured against professional liability by an insurance corporation referred to in subsection 2 (5) of the Act, or
(ii) exempted from the requirements of clauses 40 (a) and (b) of the Act;
3. Paragraph 3 of section 36 of the Regulation is revoked and the following substituted:
3. Evidence that the applicant and the collaborating holder of a certificate of practice or the collaborating member who has been approved by the Council are,
i. insured against professional liability by an insurance corporation referred to in subsection 2 (5) of the Act, or
ii. exempted from the requirements of clauses 40 (a) and (b) of the Act.
4. Paragraph 3 of section 38 of the Regulation is revoked and the following substituted:
3. Evidence that the applicant and the collaborating holder of a certificate of practice or the collaborating member who has been approved by the Council are,
i. insured against professional liability by an insurance corporation referred to in subsection 2 (5) of the Act, or
ii. exempted from the requirements of clauses 40 (a) and (b) of the Act.
5. Paragraphs 25, 27, 28 and 28.1 of section 42 of the Regulation are revoked and the following substituted:
25. Failing to notify the Registrar in writing forthwith of a change in any particular contained in an application for a licence, certificate of practice, certificate of practice issued under section 23 of the Act, temporary licence or seal or in an application for professional liability insurance or for exemption from the insurance requirement.
. . . . .
27. Knowingly making a false representation or statement in an application for a licence, reinstatement of a licence, certificate of practice, certificate of practice issued under section 23 of the Act, temporary licence or seal, or in an application for professional liability insurance or for exemption from the insurance requirement.
28. Failing to co-operate with an insurance corporation referred to in subsection 2 (5) of the Act with respect to a claim made under a professional liability insurance policy.
28.1 Failing to co-operate with the Association or with an insurance corporation referred to in subsection 2 (5) of the Act with respect to any matter arising from an application to acquire, renew or be exempted from coverage under a professional liability insurance policy or with respect to the calculation, payment or remittance of premiums or levies under such a policy.
6. Section 48 of the Regulation is revoked and the following substituted:
48. (1) Unless exempted by this section, every member of the Association and every holder shall be insured, by an insurance corporation referred to in subsection 2 (5) of the Act, for errors and omissions arising out of the performance or non-performance of architectural services under a professional liability policy with a liability limit of not less than $250,000 for each claim.
(2) Subject to subsections (5) and (6), every member who is an employee of any of the following employers is exempt, but only in the member’s capacity as an employee, from the requirements of clauses 40 (a) and (b) of the Act:
1. Her Majesty in right of Ontario or any Crown agent.
2. Her Majesty in right of Canada or any Crown agent.
3. A board or a private school, both as defined in the Education Act.
4. A municipality, including a regional or district municipality or the County of Oxford.
5. A sole proprietorship, partnership or corporation that does not hold a certificate of practice, a certificate of practice issued under section 23 of the Act or a temporary licence.
(3) Subject to subsections (5), (6) and (7), the following are exempt from the requirements of clause 40 (b) of the Act:
1. Every holder of a certificate of practice issued under subsection 14 (2) or 15 (2) or section 18 or 19 of the Act.
2. Every holder of a certificate of practice issued under section 16 of the Act if one or more of the corporate partners holds a certificate of authorization and meets the requirements of clauses 14 (2) (b) and (c) of the Act.
3. Every holder of a certificate of practice issued under section 23 of the Act.
4. Every holder of a temporary licence.
5. Every holder of a certificate of practice who does not maintain an office in Ontario and who maintains an office outside Ontario.
6. Every holder of a certificate of practice who maintains one or more offices in Ontario and one or more offices outside Ontario, but only with respect to architectural services performed by the holder from or out of an office outside of Ontario.
7. Every member who is an employee of a holder described in the preceding paragraphs, but only in the member’s capacity as an employee.
(4) Every holder referred to in subsection (3) and every member who is an employee of such a holder shall be insured against errors and omissions arising out of the performance or non-performance of architectural services under a professional liability insurance policy, with a liability limit of not less than $250,000 for each claim.
(5) Every holder shall file with the insurance corporation referred to in subsection 2 (5) of the Act an application for professional liability insurance or for renewal of professional liability insurance, unless the holder is exempted from the requirements of clause 40 (b) of the Act.
(6) Every holder referred to in subsection (3) shall annually file with the Registrar an application to be exempted from the requirements of clause 40 (b) of the Act.
(7) The application required under subsection (5) or (6) shall be filed, as the case may be,
(a) together with an application to become a holder;
(b) before the date on which the holder’s existing coverage under a professional liability insurance policy issued by the insurance corporation referred to in subsection 2 (5) of the Act expires;
(c) before the date on which the holder’s existing coverage under a professional liability insurance policy described in subsection (4) expires.
(8) A member who is an employee of a holder is not required to file a separate application under subsection (5) or (6).
(9) A holder who is a participant in the indemnity plan on the day subsections 1 (1) and (3) to (8) of Schedule B to the Government Efficiency Act, 2001 come into force shall file the application required under subsection (5) or (6) before the date on which the holder’s coverage under the indemnity plan expires.
7. (1) Section 44 of the Regulation is amended by adding the following paragraphs:
6. The applicant must comply with any outstanding orders of the Discipline Committee.
7. In the case of an application for reinstatement of a licence, the applicant must,
i. provide evidence to the Registrar that the applicant has, before the date of the application, completed a cycle of continuing education that meets the requirements of the continuing education program established under section 54, and
ii. pay the annual fees prescribed by the by-laws for the two years before the date of the application, except that no payment is required for the first year after the date of cancellation.
8. In the case of an application for reinstatement of a certificate of practice other than one issued under section 23 of the Act, the applicant must provide evidence to the Registrar that the person who will personally supervise and direct the practice of architecture has, before the date of the application, completed a cycle of continuing education that meets the requirements of the continuing education program established under section 54.
(2) Section 44 of the Regulation is amended by adding the following subsection:
(2) Paragraphs 6, 7 and 8 of subsection (1) do not apply in respect of applications for reinstatement that are filed before July 28, 2002.
8. (1) Section 7 comes into force on July 28, 2002.
(2) Sections 2 to 6 come into force on the day that subsections 1 (1) and (3) to (8) of Schedule B to the Government Efficiency Act, 2001 come into force.
Council of the Ontario Association of Architects:
J. Craig Applegath
President
Brian Watkinson
Executive Director
Made by the Council on March 21, 2002.
28/02