Architecture 645: Architectural Practice in Canada

Study Guide

Unit 1: The Legal Context, Part I

Commentary

Unit 1 introduces you to the legal context that regulates and governs the practice of architecture in Canada. Knowledge of how the profession is governed and regulated is mandatory for licensure as well as for making informed decisions daily in your professional career. It particularly examines legislation crucial to the professional architect: the Constitution Act at the federal level and the Architects Acts at the provincial/territorial level. For Québec, it introduces the Office des professions du Québec, which oversees all professions in the province, including architecture.

Under the Constitution Act, the profession of architecture falls within the provincial/territorial mandate (see CHOP 1.1.5, pp. 3–4). Provincial/Territorial associations of architects have, therefore, been established by provincial/territorial statute. Chart 3 (CH-3), Vital Statistics: Provincial and Territorial Associations of Architects (CHOP 1.1.5, p. 1) notes the respective enabling legislation for each association.

Learning Outcomes

After completing Unit 1, you should be able to

  1. Identify and discuss the separation of powers and roles of the federal and provincial/territorial governments with respect to regulated professionals.
  2. Identify and discuss the creation, composition, and role of the Canadian Architectural Licensing Authorities (CALA) and the Canadian Architectural Certification Board (CACB).
  3. Explain the responsibilities, obligations, and checks and balances for the profession and for regulators that arise from the privilege of self-regulation and self-governance.
  4. Describe the difference between a professional regulatory organization and a professional advocacy organization.

Required Readings

  1. Read the following in the Canadian Handbook of Practice for Architects, 2nd ed. (2009):
  2. Read the Architects Act from the jurisdiction of your workplace and others as directed. (Search the Internet to find your provincial/territorial Architects Act. Contact your instructor for assistance if you encounter any issues locating the Act.)
  3. Read Section 92 of the Constitution Act, 1982. Section 92 of the Canadian Constitution Act, 1867 assigns to the provinces the authority to make laws in relation to property and civil rights in the province. The Supreme Court of Canada and other courts have interpreted property and civil rights under s. 92 of the Canadian Constitution Act, 1867 to include regulation of professions. The Supreme Court of Canada and other courts have, on many occasions, upheld the authority of the provinces to regulate professions, including establishing restrictions on the entry to practice, prescribing rules of professional conduct, and self-administration by a governing body.
  4. Read the following article: #31 Why Is Professional Regulation Provincial?

Resources

  1. National Council of Architectural Registration Boards
  2. Architects Registration Board, United Kingdom
  3. Architects Accreditation Council of Australia

Self-Study Questions

Work through the following self-study questions to reinforce your understanding of the unit content. You are not required to submit your answers to these questions, and they will not be marked by your instructor. Use the Course Discussion Forum to post comments/questions related to the self-study questions.

  1. What is the meaning of professional self-regulation in Canada? How are architects regulated in other countries?
  2. What is the primary regulatory responsibility of an architect?
  3. How do the provincial/territorial governments provide checks and balances concerning self-regulation by professionals, ensuring architects meet their primary responsibility?
  4. Is there any role for the federal government with respect to licensed professionals?
  5. How does the Canadian Architectural Reciprocity Agreement affect the regulation of architecture?
  6. How are allied professionals and paraprofessionals (those who work with architects, such as engineers, interior designers, technologists, and other professional consultants) regulated?
  7. What is advocacy and what is the role of your provincial/territorial association with respect to advocacy? Provide examples of architectural regulatory and advocacy bodies.

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