The OAA regulates individuals and legal entities involved in the practice of architecture in Ontario. Anyone who wants to practise architecture in the province and offer professional services to the public must first obtain a certificate of practice (CoP).
An applicant for a limited licence CoP must be a Licensed Technologist in good standing with the OAA, hold the mandatory professional liability insurance, and comply with applicable regulations. For further information, including coverage amount requirements, click here.
It is a condition of every CoP held by a limited licence holder, or under which a limited licence holder personally supervises and directs the practice of architecture, that the certificate is subject to the same terms, conditions, and limitations to which the limited licence is subject.
As per the Architects Act and regulations, the OAA requires all members and holders of CoPs to keep their records current and true. Please contact the OAA for any of the following:
- any change to a firm’s CoP, such as a change in firm name, contact information, change in personally supervising and directing (PSD) Licensed Technologist, or change in corporate structure/ownership;
- addition or subtraction of OAA members to the firm’s CoP roster; and
- for corporations, any and all proposed alterations or amendments to the corporation’s incorporating documents, bylaws, or corporate structure, including any unanimous shareholder agreements pertaining thereto.
Additionally, all practices must participate in the OAA Practice Consultation Services review program, which includes responding to a mandatory questionnaire in the first year and also upon request every 10 years.
Categories of Certificates of Practice
There are relatively complex requirements for corporations beyond the regulatory requirements of the Architects Act. Applicants are advised to obtain adequate legal and financial advice to assist them in setting up a corporation.
The majority of the directors of the corporation must be OAA members, or OAA members and professional engineers (i.e. Professional Engineers Ontario [PEO] members). At least 51 per cent of the voting shares and of the value of all the shares of the corporation must be directly or indirectly controlled and owned by OAA members, or OAA members and PEO members.
The primary function of the corporation is to engage in the practice of architecture, and at least one of the directors or employees of the corporation is an OAA member who will personally supervise and direct on a full-time basis the practice of architecture by the corporation. Section 14(2) of the Architects Act includes the requirements of CoPs issued to corporations where the majority of directors are PEO members.
Although partnerships are relatively simple to set up, applicants are strongly advised to obtain adequate legal and financial advice and execute a suitable partnership agreement prior to embarking on a partnership. “Partnership” has a legal meaning and specific legislation governing this business structure. Care should be taken, and expert advice sought, in relation to partnership matters.
The majority of the voting interest and of the financial interest in the partnership must be directly or indirectly held by OAA members and/or PEO members.
Sole proprietorships are the simplest firm structure to set up and, as the name suggests, there is only one owner, who must be an OAA member, in an unincorporated business entity.
The purpose of the legislative
provisions is to ensure the owning members (and, where appropriate,
professional engineers) have both technical control and the majority
financial interest in the practice to ensure there is no undue influence
that could compromise the professional obligations of the practice.
The OAA has provided substantial guidance in the guidelines below.
The
OAA is not prepared to provide advance rulings on additional business
structures that go beyond the Guidelines because any such additional
guidance would depend on circumstances of which the OAA might not be
fully aware (e.g. terms in fine print, side agreements, verbal
understandings, informal business practices).
It
is the responsibility of the applicant to ensure the letter and spirit
of the legislative requirements are met. In particular, the members
(and, where appropriate, professional engineers) must retain effective
ownership control and have the majority financial interest in the entire
business structure.
If
a complaint or investigation should ensue, the OAA would focus on
whether, in substance, the OAA member permitted others to compromise
their professional responsibilities.
Surrendering a Certificate of Practice
Practices no longer offering or providing architectural services in Ontario may request to voluntarily surrender their CoP via an OAA form that ensures a clear and consistent process for closing a practice or changing business operations. It can be used when a practice is:
- closing or dissolving;
- merging with or being acquired by another practice;
- no longer providing architectural services in Ontario; or
- undergoing a change in business structure that eliminates the need for a CoP from the OAA.
It is important to note that surrendering a certificate of practice does not release a firm or its members from outstanding professional obligations. This includes client matters, record retention requirements, ongoing projects, or any open complaints or investigations.
The request must be submitted by a designated representative of the certificate of practice. Once the surrender is accepted, the firm is no longer authorized to offer or provide architectural services in Ontario.
Certificate of Practice Surrender Request Form
If you have questions about the process or your obligations when winding down a practice, review the Surrender Guidelines or email officeoftheregistrar@oaa.on.ca.