Under the Act, the OAA is tasked with ensuring:
• projects requiring an architect must have an architect (the OAA works regularly with architects, professional engineers, planners, building officials, and owners to assist in determining when this is true for a project—or project stage, such as a formal application to a local government);
• only those who appropriately trained, qualified, and licensed with the OAA use the occupational designation of “architect;" and
• only through a Certificate of Practice can architectural services be offered or provided to the public. (Certificates of Practice are listed in the OAA Directory.)
The OAA’s regulatory mandate includes taking action against those unlawfully providing architectural services. The Architects Act and its Regulations outline specific exceptions, but outside of these, the OAA may take legal action. In most cases where illegal practice is identified, the OAA will contact the project’s owner and advise the Authority Having Jurisdiction (AHJ) that permits should not be issued to projects proceeding illegally.
Here is what the Act says:
46. (1) Every person who contravenes Section 11 is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $25,000 and for each subsequent offence to a fine of not more than $50,000. R.S.O. 1990, c. A.26, s. 46 (1).
Idem
(2) Every person who is not a holder of a licence, certificate of practice, or temporary licence, and who,
(a) uses the title “architect” or “architecte” as an occupational designation;
(b) uses,
(i) an addition to or an abbreviation of the title “architect” or “architecte”,
(ii) an occupational designation, or
(iii) a term, title, addition or description,
that will lead to the belief that the person may engage in the practice of architecture; or
(c) uses a seal that will lead to the belief that the person is an architect,
is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000. R.S.O. 1990, c. A.26, s. 46 (2).