Discipline decisions are the result of hearings conducted by a tribunal comprising two senior members of the OAA and a Lieutenant Governor in Council Appointee (LGIC) from the Discipline Committee. The Discipline Committee hears allegations of professional misconduct against members of the Association, holders of a Certificate of Practice, or holders of a Temporary Licence.
Allegations may arise through:
- referral of a matter by the Complaints Committee; or
- Council directing the Discipline Committee to conduct a hearing into allegations of professional misconduct in a specific situation.
Discipline Committee Hearing
A disciplinary inquiry is a formal hearing by the Discipline Committee into the charges recommended against the respondent. The Discipline Committee is separate from the Complaints Committee. At a hearing, the OAA and the respondent may present evidence, call and cross-examine witnesses, and make arguments about the case. The parties may be represented by legal counsel at their own expense. The complainant is not a party in a disciplinary hearing, but may be called as a witness and is entitled to notice of the disciplinary hearing.
At the end of the hearing, the Discipline Committee makes a decision as to whether the allegations of professional misconduct have been proven or should be dismissed, and issues written reasons for its decision. If a finding of professional misconduct has been made, the Discipline Committee also separately decides on an appropriate penalty.
Penalties for professional misconduct vary in accordance with the findings in the case and can include a reprimand, a fine, conditions imposed on a certificate of practice, suspension from practice, or revocation from the official OAA Register.
Decisions of a Disciplinary Committee may be appealed within 30 days of the ruling.
A Discipline Committee does not have authority to grant compensation to a complainant, even where a finding of professional misconduct has been made against a member. The remedies available to the Discipline Committee are prescribed by the Architects Act and are different than those in civil cases litigated in court.
Every member and Certificate of Practice that has been found guilty of professional misconduct is listed on the Register. Please contact the Office of the Registrar for more information.