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Professionals - Architects. Sbrissa v. Ontario Association of Architects
In Sbrissa v. Ontario Association of Architects (Div Ct, 2021) the Divisional Court sets out some basics of the Architects Act:[6] The Act provides that architects can practice with either a license, or a license and a certificate of practice. However only a holder of a certificate of practice can provide architectural services to the public, (sec.11(2)). The holder of a license alone can practice architecture, but only under the supervision of an architect who holds a certificate of practice. The grant of both a license and a certificate of practice is subject to a good character requirement (sec.13(1)(a)). The Registrar can refuse to issue a license or certificate if she is of the opinion, on reasonable and probable grounds, that the past conduct of an applicant suggests that they will not “engage in the practice of architecture in accordance with the law and with honesty and integrity” (sec. 13(2)).
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[31] In Abdul v. Ontario College of Pharmacists, 2018 ONCA 699, the Court of Appeal commented on the need to balance fairness to professionals with the protection of the public interest when interpreting professional discipline legislation. The court stated (at para.18), “while the discipline process against a health professional must recognize the public interest involved, care must also be taken to accord that professional the full due process that the disciplinary legislation was intended to provide”. One would expect a similar approach to be followed by other professional regulatory tribunals. The case is generally useful for it's consideration of this little-litigated statute.
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