The OAA regulates individuals and legal entities involved in the practice of architecture in Ontario. Any person or entity 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 CoP must be an Architect in good standing with the OAA, hold professional liability insurance, and comply with applicable regulations. For further information, including coverage amount requirements, review Terms and Conditions for Mandatory Professional Liability Insurance.
As per the Architects Act and Regulations, the OAA requires all members and CoP holders 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, or change in corporate structure/ownership;
- addition or subtraction of licensed members to the firm’s CoP; and
- for corporations, any 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 therefore 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 Architects, or OAA Architects and professional engineers (i.e. 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 Architects, or OAA Architects 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 Architect who will personally supervise and direct on a full-time basis the practice of architecture by the corporation. Refer to section 14(2) of the Architects Act for 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 Architects 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 Architect, in an unincorporated business entity.
The purpose of the legislative provisions is to ensure that the
owning Architects (and, where appropriate, professional engineers) have
both technical control and the majority of financial interest in the
practice so as 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 these 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, and informal business practices).
It is the responsibility of the applicant to ensure the letter and
spirit of the legislative requirements or met. In particular, the
Architects (and, where appropriate professional engineers) must retain
effective ownership control and have the majority of financial interest
in the entire business structure.
If a complaint or investigation should ensue, the OAA would focus on
whether, in substance, the Architect permitted others to compromise
their professional responsibilities.
Applications and Guidelines
Corporation Application and Guidelines
Partnership Application and Guidelines
Sole Proprietorship Applications and Guidelines
Once complete, submit your application and supporting documents to certificateofpractice@oaa.on.ca.