Are architects and architectural practices subject to qualification and registration under the Building Code Act and Building Code?
No. The Building Code provides that the designer qualification requirements do not apply to architects and architectural practices (Articles 3.2.2.1.and 3.2.2.2. of Division C). This recognizes the Ontario Association of Architect’s (OAA) establishment of a parallel qualification and registration system to evaluate Building Code knowledge. Regulation 27 made under the Architects Act sets out the parallel qualification and registration requirements for architects licensed by OAA. The parallel system recognizes the importance of public safety and financial accountability and will include: Assessments of Building Code knowledge recognizing the categories of qualification set out in the Building Code; Mandatory continuing education; and Mandatory insurance for architectural practices. The Divisional Court in a decision of May 17, 2007 declared that subsections 15.11(5) to (7) of the Building Code Act, 1992 and former Section 2.17 (now Section 3.2 of Division C of the 2006 Building Code) do
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