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.
Official Register
In 2019, OAA Council determined that all published Discipline Committee decisions would be accessible to the public via the Official Register via the OAA Website. Except as set out in the Architects Act or Regulations, all historical decisions and reasons of the Discipline Committee (from 1984 to the present) are recorded on the Official Register, along with all future decisions and reasons. Visit the OAA Directory page and learn more about the Register of Discipline.
This is consistent with the OAA’s mandate to protect the public and to be transparent about the Association’s regulatory practices. Please contact the Office of the Registrar for more information.
Written Hearing for Continuing Education Program Noncompliance
Where OAA Council, by resolution, has directed the Discipline Committee hold a hearing under Section 33 of the Architects Act, R.S.O. 1990, c. A.26 to determine allegations of professional misconduct with respect to a member’s failure to comply with the mandatory Continuing Education (ConEd) Program as prescribed by Section 54 of the Regulation under the Architects Act, the hearing shall be conducted as a written hearing, unless the Association or the member satisfies the tribunal there is good reason for not holding a written hearing.
In accordance with the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, the Discipline Committee may make rules governing the practice and procedure before it. With respect to a member’s failure to comply with the mandatory ConEd Program, you can read the Committee’s rules for written hearing proceedings on the OAA Website.