Regulatory body for Ontario's Architectural Technologists achieves resolution of long-standing dispute with Ontario Architects
Having been unable to resolve the dispute through negotiations with the OAA, the AATO commenced litigation against the OAA on 20 September 2022.
In its application, the AATO sought a declaration that the OAA has no lawful authority to issue these licenses and that any such licenses it has issued are of no force and effect and have never been valid. The AATO also sought an injunction preventing the OAA from issuing such licenses in the future.
The AATO's argument was based, in large part, on section 7 of the Architects Act, which requires that conditions and terms of licenses, among other things, must be prescribed by regulation (which would require formal government approval). Instead, the OAA issued these licenses via a "policy" of its Council. The AATO took the position that the licenses were, therefore, null and void.
In December 2022, the OAA agreed not to issue any further licenses described as "Licensed Technologist OAA" while the litigation was ongoing.
In April 2023, the OAA accepted the AATO's position, consented to the entirety of the relief sought by the AATO in its Notice of Application, and agreed to pay the AATO $35,000.00 in costs.
On 10 May 2023, the Ontario Superior Court of Justice issued an order stating as follows:
- THIS COURT ORDERS that the OAA has no lawful authority to issue Certificates of Practice or licences based on the OAA's "Policy of the Council with respect to the Licensed Technologist OAA" or similar policy not set out in a regulation under the Architect's Act, RSO 1990, c. A.26 (the "Architects Act"), including without limitation Certificates of Practice or licences described as "Licensed Technologist OAA" or "Licenced Architectural Technologist OAA";
- THIS COURT FURTHER ORDERS that any Certificates of Practice or licenses issued by the OAA based on the OAA's "Policy of the Council with respect to the Licensed Technologist OAA" or similar policy not set out in a regulation under the Architect's Act, including without limitation Certificates of Practice or licences described as Certificates of Practice or licences described as "Licensed Technologist OAA" or "Licenced Architectural Technologist OAA", are void ab initio and of no force and effect;
- THIS COURT FURTHER ORDERS that the OAA is prohibited from issuing Certificates of Practice or licences based on the OAA's "Policy of the Council with respect to the Licensed Technologist OAA" or similar policy not set out in a regulation under the Architect's Act, including without limitation Certificates of Practice or licences described as "Licensed Technologist OAA" or "Licenced Architectural Technologist OAA"; and
- THIS COURT FURTHER ORDERS that the OAA pay to the AATO costs in the amount of $35,000.00, all-inclusive, within thirty days of the date of this Order.
The AATO said: "This case demonstrates the importance of an independent voice for the profession of Architectural Technologists. The AATO will continue to advocate for our members, in the public interest."
The AATO is the self-regulatory body for Architectural Technologists, Architectural Technicians, Building Technologists and Building Technicians in Ontario under the Association of Architectural Technologists Act (Ontario). That Act mandates the AATO to increase the knowledge, skill, proficiency, quality and competence of members of the profession, to operate an accreditation program, to establish, maintain and to enforce strict rules of ethical conduct and inform the public on the purposes the aims of the AATO.
