Skip to content Skip to Navigation

Information on Legislation Related to Limited Licences

Updates Stemming from the May 2023 Court Order

On May 10, 2023, the Ontario Association of Architects alerted those who were Licensed Technologists OAA about the outcome (Court Order) of a Court application advanced by the Association of Architectural Technologists of Ontario (AATO). You can read that Regulatory Notice here.

Since then, former Lic.Tech.OAAs and participants in the now-paused OAA Technology Program have been kept up to date by the OAA via email news bulletins on steps now being taken by the OAA.Canadian Architect's Elsa Lam authored an editorial on the matter, which can be read on the magazine's website.

On December 1, the OAA reached out to both its members and those directly impacted by the court order to make them aware of updates regarding necessary legislative amendments to allow the Association to issue limited licences in the architectural discipline. The following week,
Bill 157, Enhancing Access to Justice Act, 2023, underwent Second Reading and was referred to the provincial government’s Standing Committee on Justice Policy. (For more information, read this December 6 email from the OAA.)
 

The Committee held public hearings on February 21 and 22, with OAA President Settimo Vilardi appearing in person before the group to speak to our support of Schedule 1 and the ensuing changes to the Architects Act and, subsequently, Regulation 27. Previously, the OAA had issued a written submission to the Committee, as well as sent two detailed briefing notes to all Members of Provincial Parliament (MPPs) in keeping with the ongoing efforts to ensure decision-makers have accurate information.

Shortly after the hearings, the Bill successfully underwent Third Reading and has now been passed into law. The OAA is working closely with the Ministry of the Attorney General (MAG) to obtain the necessary amendments to Regulation 27. With the passage of this Bill (in particular, Schedule 1) into law, the regulatory foundation for the OAA to issue limited licences and reinstate the OAA Technology Program is now in place. This was a critical step forward in the efforts toward getting licences back to those who formerly held status with the OAA as a Lic.Tech.OAA. While the amendments to the Act are an important milestone achieved, there is still some work to do.

To read the various emails sent from the OAA to members and former Lic.Tech.OAAs and participants of the OAA Technology Program, click here.

Note: Although the OAA continues to be committed to assisting all those impacted by the Order and wants to offer as much information as possible, it cannot provide legal advice. Therefore, if you are in need of legal advice, you should seek this from your lawyer to ensure all legal and regulatory obligations are fulfilled.


Last updated: July 9, 2024

Background on the Court Order

The OAA was first made aware of the Court application in late 2022, as the AATO challenged the OAA’s authority to issue licences via policy, rather than statute.

Initially, it was stated that the Court was expected to hear the case in December 2023, but OAA Council agreed to pursue good-faith negotiations with the AATO in the goal of finding an equitable and fair resolution in the public interest. Unfortunately, these negotiations were unsuccessful.

Notwithstanding the considerable effort to respond to this challenge, and given its technical nature—that is, a matter of statutory interpretation—an outcome from the scheduled hearing that would allow the OAA to continue to issue licences via policy was unlikely. Ultimately, the OAA would be unable to successfully respond to the challenge of how the licences were being issued.

The Ontario Superior Court of Justice issued a consent Order that took effect on May 10, with immediate impact on all 150 Licensed Technologist OAA licences and 44 Lic.Tech.OAA Certificates of Practice (CoPs)
:

  1. The OAA has no lawful authority to issue CoPs or licences based on the Licensed Technologist OAA policy (or any similar policy).
  2. The Lic.Tech.OAA CoPs and licences previously issued are void and of no force and effect.
  3. The OAA is prohibited from issuing Lic.Tech.OAA CoPs or licences based on the policy or any similar policy going forward.

It is important to note there is no risk to the public inherent in these licences being voided—the education and competencies of the individuals affected remain the same. Rather, what was at issue was the OAA's use of a policy, rather than statutory authority, to grant CoPs and licences.

Although the OAA consented to the Order, we are disappointed with the resulting disruption. The Association firmly believes in the value of the skills and abilities of all individuals who were Licensed Technologists OAA. Months after the Order, the OAA was pleased to see the bill to bring about legislation changes to the Architects Act, leading to amendments to Regulation 27 that would then lead to limited licences. 

Offering Services

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.

OAA Technology Program Status

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.


Immediate Next Steps

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.

Applying for Licence and Certificate of Practice

Current legislation changes regarding limited licences notwithstanding, any individual may apply for a licence or Certificate of Practice with the OAA. In instances where the applicant does not meet the requirements set out in s. 13 of the Architects Act, the Registrar is required, pursuant to s. 25(1)(a), to serve a notice of proposal to refuse the licence, together with reasons, on the applicant. The notice will explicitly tell the applicant they are entitled to a hearing by the Registration Committee if they deliver a written request within 30 days.

Where an applicant requires a hearing by the Registration Committee in accordance with subsection (3) of s.25 of the Act, the Committee shall appoint a time for, give notice of, and shall hold the hearing. A statutory body, the Registration Committee derives its authority from both the Act and Regulation 27. While integral to the OAA, it is independent and acts impartially between the OAA and the applicant.

The hearing is a quasi-judicial proceeding held before a panel of the Registration Committee. It is an opportunity for an applicant to present evidence in support of their application. The applicant bears the onus of satisfying the panel, on reasonable grounds, that they meet the requirements of the Act and the Regulations for the purpose of issuance of a licence or Certificate of Practice.

Following a hearing, the panel may make a number of recommendations, including the possibility of directing the Registrar to issue a licence or CoP, or requiring the applicant to successfully complete further examinations or training. The panel of the Registration Committee will make its decision based on the evidence before it, in a procedurally fair manner, and premised on the protection and service of the public interest.

To read the Registration Committee Manual, click here.

Frequently Asked Questions

The OAA is understandably receiving many questions. While we cannot provide legal advice (as outlined above), here are some general responses to the most frequently asked, divided into FAQs for former Lic.Tech.OAAs and those who were participants in the OAA Technology program.

Information for Former Licensed Technologists OAA

Q: The Court Order required the voiding of my licence. Am I still a member with the OAA?

A: No. Only those who hold a licence with the OAA are members as defined under s.5 of the Architects Act.

Q: What do I tell my current clients?

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.


Q: What do I do about current pursuits?

A: If preparing proposals or if in contact with prospective clients, you must make certain they are aware you are no longer licensed by the OAA, and state what services may be offered moving forward. You must ensure the content of all promotional material is accordingly updated, including existing signage. This means making sure business cards, letterheads, websites, or forms do not contain the term “Licensed Technologist OAA.”

Q: How do I explain this situation to my clients?

A: The AATO court application and subsequent Order has nothing to do with the skills and qualifications of those affected. All individuals who held a Licensed Technologist OAA licence completed a rigorous program grounded in the conventional parameters of education, experience, and examination. The Order flows from those licences being issued via Council Policy rather than Regulation.

Q: Will the MMAH recognize my credentials as a former Lic.Tech.OAA/Holder of a CoP for the purposes of obtaining a BCIN?

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.

Q: What about Pro-Demnity?

A: The OAA has been informed your current policy from Pro-Demnity Insurance Co. remains in place. Further discussion should be undertaken with Pro-Demnity prior to annual renewal. Please contact Pro-Demnity Insurance Company for more information.

Q: If the project now needs to engage an architect, what does that transition require?

A: If an architect is engaged to take over or complete all or part of a project the architect and associated Certificate of Practice are subject to all the statutory requirements associated with offering services to the public. Specific attention should be paid to the OAA’s Regulatory Notices, for example RN.01 OAA Professional Seal-Application (Usage).

Q: Can a BCIN holder engage the services of an architect?

A: Yes. The BCIN holder would be the architect’s client in this scenario. The architect would need to be a holder of a Certificate of Practice, and the services would be subject to all the statutory requirements associated with offering services to the public.

Q: How can I explore entering a joint venture with an architectural practice?

A: A “joint venture” does not have a precise legal meaning—it could be a new partnership or corporation or just a simple association. Setting out the terms and sharing of fees and services in a written agreement between the parties is vital to avoid disputes. Read the OAA Practice Tip, PT.31 on the OAA Website.

Q: What happens to my ConEd hours I have logged toward the Continuing Education Program?

A: Your OAA Transcript has been frozen, with all current hours earned kept on file by the OAA for the remainder of the current cycle, which ends June 30, 2024.

Q: Are projects sealed and submitted for permit prior to May 10, 2023 still valid?

A: The local Authorities Having Jurisdiction (AHJ) govern any determination related to the administration of the Ontario Building Code requirements. The OAA is unable to instruct the AHJ on the interpretation and processing of their legislation. The OAA encourages individuals to discuss this matter with their AHJ where necessary.

Q: I am a former Lic. Tech. OAA with 49% ownership of an architect CoP. Do we need to change any particulars of the CoP?

A: The 49% ownership and control of an architect CoP is not prescribed by the OAA—barring any conflict-of-interest issues. No update is required regarding the 49% ownership and the practice may continue to offer and provide services having regard, as always, for the requirements set out in the Architects Act and Regulations.

Q: What is the timeline to remedy this matter? When can legislative changes be expected?

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.

Q: Did I pay annual renewal fees to the OAA in 2023?

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

 

Q: What if my question isn’t answered here?

A: More information will be posted here as it becomes available. If you have any immediate questions, please do not hesitate to email OAATechProg@oaa.on.ca. Having concerns in writing will allow the OAA to track commonly occurring concerns and generate more FAQ resources.
Information for Former Participants of the OAA Technology Program

Q: I was enrolled in the OAA Technology Program. What happens with my experience submissions?

A: All submissions already received by the OAA were processed and the information is now being maintained in the individual records. No further experience submissions will be accepted. All program information to date will be maintained in the OAA database.

Q: I was enrolled in the OAA Technology Program. Can I still use the title Intern Technologist or Student Technologist?

A: No. Until such a time that these titles, or new titles and/or status designations, are defined in the legislation, the OAA has no authority related to their use.

Q: What is the timeline to remedy this matter? When can legislative changes be expected?

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.

Q: What if my question isn’t answered here?

A: More information will be posted here as it becomes available. If you have any immediate questions, please do not hesitate to email OAATechProg@oaa.on.ca. Having concerns in writing will allow the OAA to track commonly occurring concerns and generate more FAQ resources.

CONTACT

Office of the Registrar
oaatechprog@oaa.on.ca

 

 

Contracts banner

OAA Contract Suite

Did you know the OAA offers free contracts for its members and the general public? These downloadable standardized contracts make it easier for all to enter into fair, balanced business relationships.

MORE
Events banner

Events Calendar

Check out our events calendar for a wide array of online and in-person events. Also submit an event using our new online form.

MORE
BLOAAG banner

BLOAAG

Check out the OAA BLOAAg, an inclusive space for member engagement and OAA features.

MORE