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Professionals - Architects. Association of Architectural Technologists of Ontario v. Ontario Association of Architects
In Association of Architectural Technologists of Ontario v. Ontario Association of Architects (Ont CA, 2026) the Ontario Court of Appeal allowed an appeal, this brought against a "contempt of a court order issued on consent of the parties .... which prohibited the OAA from issuing licences based either on an administrative policy that had been adopted by the OAA ... or a similar policy not set out in regulation".
The court considers recent statute and regulation amendments to the Architects Act regime:6. Legislative and regulatory amendments come into force effective January 1, 2025 permitting the OAA to issue limited licences with a scope of practice identical to that granted to Licensed Technologists OAA
[22] Effective January 1, 2025, the Act was amended to grant the OAA authority to issue limited licences in accordance with requirements and conditions prescribed by regulation: see s. 13.1 of the Act, as amended by the Enhancing Access to Justice Act, 2024, S.O. 2024, c. 2, Sched. 1. The government also promulgated O. Reg. 521/24 which amended the Regulation to set out the requirements and conditions contemplated by s. 13.1.
[23] The amended Regulation (see s. 32) now sets out the academic, experiential, and examination requirements that must be satisfied by an applicant seeking a limited licence (i.e., a technologist), which include the following:(i) Successful completion of a three-year architectural technology program at an Ontario college or a three-year college architectural technology program accredited by Technology Accreditation Canada;
(ii) Successful completion of an examination for licensed technologists published by the OAA; and
(iii) Successful completion of a total of 5,580 hours of experience under the personal supervision and direction of a person authorized to practice architecture. [24] The amended Regulation (see s. 32.1) also defines the authorized scope of practice for licensees receiving limited licences in accordance with s. 13.1 of the Act. The terms and conditions are essentially identical to those that applied to Licensed Technologists OAA under the 2010-20 Policy, as well as to the ten individuals who had received limited licences in accordance with directions provided by the Registration Committee in 2023 and 2024. . Sbrissa v. Ontario Association of Architects
In Sbrissa v. Ontario Association of Architects (Div Ct, 2021) the Divisional Court sets out some basics of the Architects Act:[6] The Act provides that architects can practice with either a license, or a license and a certificate of practice. However only a holder of a certificate of practice can provide architectural services to the public, (sec.11(2)). The holder of a license alone can practice architecture, but only under the supervision of an architect who holds a certificate of practice. The grant of both a license and a certificate of practice is subject to a good character requirement (sec.13(1)(a)). The Registrar can refuse to issue a license or certificate if she is of the opinion, on reasonable and probable grounds, that the past conduct of an applicant suggests that they will not “engage in the practice of architecture in accordance with the law and with honesty and integrity” (sec. 13(2)).
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[31] In Abdul v. Ontario College of Pharmacists, 2018 ONCA 699, the Court of Appeal commented on the need to balance fairness to professionals with the protection of the public interest when interpreting professional discipline legislation. The court stated (at para.18), “while the discipline process against a health professional must recognize the public interest involved, care must also be taken to accord that professional the full due process that the disciplinary legislation was intended to provide”. One would expect a similar approach to be followed by other professional regulatory tribunals. The case is generally useful for it's consideration of this little-litigated statute.
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