Information on Legislation Related to Limited Licences

This Order likely has the most immediate impact on those providing architectural services falling within the scope of practice that had been provided via the Policy Statement. If the services you are currently providing are consistent with those available to a qualified designer, you may continue to provide those services under the authority of the Ministry of Municipal Affairs and Housing (MMAH). The Ontario Government has more information for individuals and practices to become qualified and registered with the MMAH.

Those enrolled in the OAA Technology Program (formerly administered by OAAAS)—Intern Technologists and Student Technologists—are equally affected by the Court Order. The administration of this program will need to be paused until the Act and Regulation 27 permit the limited licence to be issued. The OAA requires this legislative amendment in order to establish its authority to issue the class of licence associated with this program. Until this amendment is secured and enacted by the Province, it would be improper to continue to administer the program.

The OAA will be required to lapse the status of any individual enrolled in the program. This “lapsing” effectively freezes all records—no information is lost and will remain valid on future activation. As noted below, all 2023 fees will be reimbursed.

With the Court application now dispensed of, discussions with the Ministry of the Attorney General (MAG) resumed. The OAA commenced efforts to seek legislative amendments to recognize a Limited Licence provision in the Architects Act. In December 2023, the Ministry of the Attorney General (MAG) introduced Bill 157, Enhancing Access to Justice Act, 2023, which includes changes to the OAA’s prevailing legislation. These amendments allow the OAA to issue Limited Licences in the architectural discipline, and create Limited Licence classes, one of which will be the “Licensed Technologist” class for those holding such status or Certificate of Practice. It would also help lead the way to the return of the OAA Technology Program

The Bill has successfully undergone three readings and has now been passed into law. The OAA is working closely with the Ministry of the Attorney General (MAG) to obtain the necessary changes to the Regulation. As we continue to work toward the reinstatement of the OAA Technology Program, the Association will continue to keep you up to date.

A: This question is contextual, as it depends on the project scope and any other designations you may have. If you have or can reinstate a BCIN and your project falls within the Exceptions set out in section 11(3) of the Architects Act, you should be able to continue the work.

If your project is:
• intended for residential occupancy, and contains one dwelling unit or two attached dwelling units, and, as constructed, enlarged, or altered, is four storeys in height;
• intended for residential occupancy, contains three or more attached dwelling units, and, as constructed, enlarged, or altered, is four storeys in height and not more than 600 square metres in building area; or
• a restaurant designed to accommodate not more than 100 persons consuming food or drink,

then you can make recommendations with regard to engaging an OAA architect who is a holder of a Certificate of Practice. If the client agrees, you can make the necessary arrangements with this other holder to carry out the services that fall within the protected scope of work for an architect. As mentioned above, you should seek advice from your lawyer to ensure all legal and regulatory obligations are fulfilled.

In all instances, you must advise all existing clients whose projects require architectural services of the discontinuance of the licence and the OAA Certificate of Practice.

A: The OAA had approached the Ministry of Municipal Affairs and Housing to request consideration for those individuals who held Lic.Tech.OAA for the purpose of grandfathering them into the BCIN qualifications system. The focus of the discussion has been on a means to recognize those that were actively providing services to the public and need a BCIN to continue to do so. While a response is still pending, the Association is hopeful regarding the proposed legislation changes that would allow limited licences.

A: This is a difficult question to answer as it ultimately depends on the government of Ontario. As detailed at the top of this page, there are now efforts to seek legislative amendments to recognize a Limited Licence provision in the Architects Act with designated classes of limited licence. The OAA is mindful legislative amendments take time, but is heartened by the fact the omnibus bill has now passed two readings and is with a Committee for review. To learn more about how you can share your support, read the Immediate Next Steps section above.

A: The OAA has issued refunds to all former licence and Lic.Tech.OAA CoP holders, as well as to any individual enrolled in the associated program for 2023 membership fees paid. The refunds have no effect on individual and practice records. The OAA will maintain all information in anticipation of future legislative change noted above. Anyone yet to receive their refund can contact OAAfees@oaa.on.ca.