Why do some jurisdictions not enforce the Architects Act?
It is assumed this question relates to allegations that development and/or building permits are being issued by some jurisdictions without the legislated involvement of design professionals when required on building projects.
Rather than responding to this general allegation, it is important for anyone that may be concerned about potential violations to the Architects Act and/or the Safety Codes Act to raise specific questions on a project by project basis directly with the associated authority having jurisdiction and with the AAA. All claims must be substantiated in writing with sufficiently detailed information to demonstrate there has been a violation. In cases where sufficient information is provided and where such concerns cannot be resolved through discussions with the implicated permitting authorities, the AAA has the power under the Architects Act to obtain court injunctions against all entities that either conduct, enable or support illegal activities.
This Compliance Webinar series has provided the opportunity for the AAA to strengthen its relationships with its industry partners throughout the Province and to improve the general compliance awareness throughout the building design and construction industry. The AAA works towards resolving all substantiated Architects Act violation allegations as discretely and confidentially as possible. Consistent with the Architects Act Code of Ethics, and in the interest of protecting the interests of the public, AAA members are obligated to report all observed violations of the Architects Act to the Association.
Consequences of Illegal Practice
Relevant to the presentation slides referencing 'Professional Involvement' - what group enforces 'Professional Involvement' and what are the 'consequences' for non-compliance?
The AAA maintains the authority and responsibility for enforcing the Architects Act. It possesses the authority and responsibility to establish and monitor standards of practice for its members and member firms. It also maintains the authority to obtain court injunctions against illegal practices and to file civil and criminal claims against those entities that directly violate or enable the violation of the Architects Act. The outcomes or consequences are specific to the distinct rulings of each legal proceeding.
Authorities having jurisdiction should also refuse permit applications for building projects requiring professional involvement and where the required seals have not been applied or incorrectly applied.