Bill 121, Interior Designers Act, 2006

Versions

Bill 121 2006

An Act respecting
interior designers

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Interpretation

Definitions

1. In this Act,

"Association" means the Association of Registered Interior Designers of Ontario continued under section 28; ("Ordre")

"Building Code" means the regulation bearing that name made under the Building Code Act, 2002; ("Code du bâtiment")

"certificate" means a certificate of registration issued to a member indicating that the member is registered by the Association as a certified practitioner, an intern practitioner or a temporary practitioner, or as a corporation, partnership or other entity authorized to practise interior design, as the case may be; ("certificat")

"certified practitioner" means a practitioner registered as such by the Association; ("praticien agréé")

"complaints committee" means the complaints committee established by the Association; ("comité des plaintes")

"Council" means the Council of the Association; ("Conseil")

"design" means a plan, sketch, drawing, graphic representation or specification for the interior space of the whole or part of a building; ("design")

"discipline committee" means the discipline committee established by the Association; ("comité de discipline")

"intern practitioner" means a practitioner registered as such by the Association; ("praticien stagiaire")

"member" means a member of the Association, whether or not the member has been issued a certificate to engage in the practice of interior design; ("membre")

"Minister" means the Minister of Government Services or such other minister as may be designated under the Executive Council Act to administer this Act; ("ministre")

"person" means an individual, corporation, partnership or other entity; ("personne")

"practitioner" includes a member who has been registered by the Association as a certified practitioner, an intern practitioner or a temporary practitioner and, as the context requires, a corporation, partnership or other entity to which a certificate of registration has been issued; ("praticien")

"prescribed" means prescribed by the regulations made under this Act; ("prescrit")

"Registrar" means the Registrar appointed under section 33; ("registrateur")

"registration committee" means the registration committee established by the Association; ("comité d'inscription")

"temporary practitioner" means a practitioner registered as such by the Association. ("praticien temporaire")

Scope of practice of interior design

2. (1) A person practises interior design when the person,

(a) prepares, provides or implements a design respecting the construction, demolition or management of the enlargement, alteration, configuration, fitting out or furbishing of the interior space of the whole or part of a building, including without limiting the foregoing, finishes, fixed or loose furnishings, equipment, fixtures and partitioning of space, and related exterior elements such as signs, finishes, glazed openings used for display purposes, the whole as may be further prescribed in the Building Code;

(b) evaluates, advises on, manages or reports on the construction, demolition, enlargement or alteration of the interior space of the whole or part of a building; or

(c) reviews the construction, demolition, enlargement or alteration of the interior space of the whole or part of a building.

Definition

(2) In this section,

"building" means any building of a type classified by major occupancy and described in Table 2.3.1.1 of the Building Code, and, without limiting the generality of the foregoing,

(a) all buildings classified in the Table as assembly occupancy and care or detention occupancy, as these expressions are defined in the Building Code, and

(b) those buildings classified in the Table as residential occupancy, business and personal services occupancy, mercantile occupancy and industrial occupancy, as these expressions are defined in the Building Code, that exceed 600 square metres in gross area or three stories in height.

Exclusions from scope of practice

(3) A person does not practise interior design when the person,

(a) consults or advises on interior decoration or furnishings in conjunction with the sale, lease or supply of interior decorations or furnishings;

(b) provides interior decoration services, including advising on and assisting in the selection of materials, window treatments, wall coverings, paint, floor coverings, fixtures and furnishings other than those materials, window treatments, wall coverings, paint, floor coverings, fixtures and furnishings that are subject to regulation under any applicable fire code, building code or municipal code.

No effect on professional engineers or architects

(4) Nothing in this section affects or purports to affect the rights and obligations of professional engineers under the Professional Engineers Act or of architects under the Architects Act.

Prohibitions

Practice

3. (1) No person shall engage in the practice of interior design or hold themself out as engaging in the practice of interior design unless,

(a) the person is registered as a certified practitioner under this Act and has been issued a certificate authorizing the person to practise interior design, subject to the terms, conditions and restrictions set out in the certificate;

(b) the person is registered as an intern practitioner or temporary practitioner under this Act and has been issued a certificate authorizing the person to practise interior design, subject to the terms, conditions and restrictions set out in the certificate;

(c) the person is registered as a corporation, partnership or other entity that is authorized to practise interior design under this Act, subject to the terms, conditions and restrictions of its registration;

(d) the person is the holder of a licence, a certificate of practice or a temporary licence issued by the Ontario Association of Architects in accordance with the Architects Act;

(e) the person is a person or a member of a class of persons authorized to engage in the practice of architecture by the Ontario Association of Architects in accordance with the Architects Act and the regulations made under it or is an intern architect recognized by the Ontario Association of Architects; or

(f) the person is the holder of a licence, a temporary licence or a certificate of authorization issued by the Association of Professional Engineers of Ontario in accordance with the Professional Engineers Act.

Proof of practice

(2) Proof of the performance of one act in the practice of interior design on one occasion is sufficient to establish that a person has engaged in the practice of interior design.

Use of designations

4. (1) A person shall not use the designation "A.R.I.D.O." or "O.D.I.I.O" or a variation thereof unless the person is a member of the Association.

Same

(2) A person shall not use the designation "interior designer" or "designer d'intérieur" or the terms "interior design" or "design intérieur" or a variation of any of them, unless the person,

(a) is a certified practitioner;

(b) is an intern practitioner, a temporary practitioner or a corporation, partnership or other entity that meets the prescribed requirements; or

Representing oneself as a member or practitioner

(3) A person shall not imply or represent that the person is a member of the Association or a practitioner if the person is not a member or a practitioner, as the case may be.

Use of stamp or seal

5. (1) A person shall not affix the stamp or seal of a certified practitioner to a document or record, or a copy of one, unless,

(a) the document or record was prepared by or under the supervision of the certified practitioner;

(b) the stamp or seal is affixed with the knowledge and consent of the certified practitioner; and

Same

(2) Despite subsection (1), with the written consent of a certified practitioner, a person may affix that practitioner's stamp or seal to a document or record, or a copy of one, prepared by or under the supervision of a person who is not described in clause (1) (a).

Effect of consent

(3) If a certified practitioner consents to having that practitioner's stamp or seal affixed to a document or record in the circumstances described in subsection (2), the practitioner is responsible for the contents of the document or record as if it had been prepared by or under the supervision of that practitioner in the course of the practice of interior design.

Offences

6. Every person who contravenes subsection 3 (1), 4 (1), (2) or (3) or 5 (1) is guilty of an offence and on conviction is liable,

(a) to a fine of not more than $25,000 for a first offence;

(b) to a fine of not more than $50,000 for a subsequent offence.

Membership and Registration

Membership

7. A person who is registered by the Association as a member or practitioner is a member or practitioner during the currency of the person's registration.

Suspended membership or registration

8. A person whose status as a member or whose registration as a practitioner is suspended is not a member or a practitioner during the period of the suspension.

Application for membership

9. (1) A person who wishes to become a member of the Association shall apply in accordance with the procedures established by the Association.

Application for registration

(2) A member who wishes to be registered as a certified practitioner, intern practitioner or temporary practitioner shall apply in accordance with the prescribed procedures.

Eligibility

(3) A member is eligible to be registered as a practitioner if the member meets the prescribed requirements.

Registration: Individuals

Registration, individual

10. (1) The Registrar shall issue a certificate to a member who is an individual if the member makes an application in accordance with the prescribed procedures and the member is eligible to be issued the certificate.

Referral of application

(2) The Registrar shall refer an application for a certificate to the registration committee,

(a) if the Registrar considers on reasonable grounds that the applicant may not be eligible to be issued the certificate; or

(b) despite subsection (1), if the Registrar considers on reasonable grounds that terms, conditions or limitations should be imposed on the applicant's certificate.

Effect of referral

(3) The registration committee shall determine whether the applicant is eligible to be issued a certificate and has made an application in accordance with the prescribed procedures, and may impose such terms, conditions or limitations on the certificate as the committee considers appropriate.

Variation of terms, conditions or limitations

11. (1) The registration committee may vary or remove any of the terms, conditions or limitations on a certificate in such circumstances as may be prescribed.

Application for variation

(2) A certificate holder who wishes to have any of the terms, conditions or limitations on their certificate varied or removed shall apply in accordance with the prescribed procedures.

Suspension of registration

12. (1) The Registrar may suspend the registration of a practitioner on any of the grounds set out in this Act or the regulations.

Application for reinstatement

(2) A practitioner whose registration is suspended may apply to have it reinstated and shall do so in accordance with the prescribed procedures.

Same

(3) The registration committee shall decide the application in accordance with the prescribed criteria.

Revocation of registration

13. (1) The Council may revoke the registration of a practitioner,

(a) if the practitioner is convicted of an offence that, if committed in Ontario, would be an offence under the laws of Canada or of Ontario and that relates to the practitioner's professional integrity and renders the practitioner unsuitable to be a practitioner;

(b) if the practitioner fails to comply with this Act or a regulation made under it;

(d) in such other circumstances and in accordance with such procedures as may be prescribed.

Suspension, revocation, reinstatement of non-practitioner member

(2) A member other than a practitioner may have his or her membership suspended, revoked or reinstated in accordance with the procedures of the Association.

Appeal of decisions

14. (1) The applicant and the Association may appeal a decision of the registration committee with respect to the applicant to the Council.

Same, Divisional Court

(2) The applicant and the Association may appeal a decision of the Council under subsection (1) to the Divisional Court.

Appeal of revocation

(3) A practitioner whose registration has been revoked under section 13 may appeal the decision to the Divisional Court.

Registration: Businesses

Application for certificate of registration

15. (1) A corporation, partnership or other entity that wishes to obtain a certificate of registration to offer or provide services to the public that constitute the practice of interior design shall apply in accordance with the prescribed procedures.

Eligibility

(2) A corporation, partnership or other entity is eligible for a certificate if,

(a) it is a member of the Association;

(b) it includes among its shareholders, officers, directors, partners or employees a certified practitioner who directly supervises the practice of interior design by the corporation, partnership or entity; and

Issuance of certificate

16. (1) The Registrar shall issue a certificate to a corporation, partnership or other entity if the corporation, partnership or entity makes an application in accordance with the prescribed procedures and if it is eligible to be issued the certificate.

Referral of application

(2) The Registrar shall refer an application for a certificate to the registration committee,

(a) if the Registrar considers on reasonable grounds that the corporation, partnership or other entity may not be eligible to be issued the certificate; or

(b) despite subsection (1), if the Registrar considers on reasonable grounds that terms, conditions or limitations should be imposed on the certificate.

Effect of referral

(3) The registration committee shall determine whether the corporation, partnership or other entity is eligible for a certificate and has made an application in accordance with the prescribed procedures, and may impose such terms, conditions or limitations on the certificate as the committee considers appropriate.

Requirement to cease practice of interior design

17. (1) A corporation, partnership or other entity that fails to meet the requirement under clause 15 (2) (b) that it have among its shareholders, officers, directors, partners or employees a certified practitioner who directly supervises the practice of interior design by the corporation, partnership or entity shall cease the practice of interior design until it engages such a person and that person directly supervises the practice of interior design by the corporation, partnership or entity.

Notice

(2) A corporation, partnership or other entity shall give notice to the Association within three business days if it fails to have among its shareholders, officers, directors, partners or employees a certified practitioner who directly supervises the practice of interior design by the corporation, partnership or entity.

Variation of terms, conditions or limitations

18. (1) The registration committee may vary or remove any of the terms, conditions or limitations on a certificate in such circumstances as may be prescribed.

Application for variation

(2) A corporation, partnership or other entity that wishes to have any of the terms, conditions or limitations on the certificate varied or removed shall apply in accordance with the prescribed procedures.

Suspension of certificate

19. (1) The Registrar may suspend a certificate on any of the prescribed grounds and in accordance with the prescribed procedures.

Application for reinstatement

(2) A corporation, partnership or other entity whose certificate is suspended may apply to have it reinstated and shall do so in accordance with the prescribed procedures.

Same

(3) The registration committee shall decide the application in accordance with the prescribed criteria.

Revocation of certificate

20. The Council may revoke a certificate of a corporation, partnership or other entity,

(a) if it is convicted of an offence that, if committed in Ontario, would be an offence under the laws of Canada or of Ontario and that relates to its honesty and integrity and renders the corporation, partnership or other entity unsuitable to hold a certificate;

(b) if an officer, director or partner of a corporation, partnership or other entity is convicted of an offence that, if committed in Ontario, would be an offence under the laws of Canada or of Ontario, that relates to the honesty and integrity of the corporation, partnership or other entity and renders it unsuitable to hold a certificate;

(d) if it has demonstrated professional misconduct, negligence or incompetence;

(e) if it fails to have among its shareholders, officers, directors, partners or employees a certified practitioner who directly supervises the practice of interior design by the corporation, partnership or other entity; or

(f) in such other circumstances and in accordance with such procedures as may be prescribed.

Appeal of decisions

21. (1) The applicant corporation, partnership or other entity, as the case may be, and the Association may appeal a decision of the registration committee with respect to the application to the Council.

Same, Divisional Court

(2) The applicant and the Association may appeal a decision of the Council under subsection (1) to the Divisional Court.

Appeal of revocation

(3) A corporation, partnership or other entity whose certificate has been revoked under section 20 may appeal the decision to the Divisional Court.

Investigations and Disciplinary Proceedings

Registrar's investigation

22. (1) The Registrar may consider and investigate the conduct of a practitioner with respect to the practice of interior design.

Investigator

(2) The Registrar may appoint one or more employees of the Association or other persons to investigate a practitioner's practice of interior design if,

(a) the Registrar believes on reasonable and probable grounds that the practitioner has committed an act of professional misconduct or is incompetent, and the Council approves the appointment; or

(b) the complaints committee has received a written complaint about the practitioner and requests the Registrar to conduct an investigation.

Same

(3) In addition to the Registrar's powers with respect to investigations under subsections (1) and (2), the complaints committee may consider and investigate the conduct of a practitioner with respect to the practice of interior design and may appoint one or more employees of the Association or other persons to conduct the investigation.

Temporary suspension

(4) If the Registrar or the complaints committee believes on reasonable and probable grounds that a practitioner is incompetent, the Registrar or the complaints committee may suspend the certificate pending disciplinary proceedings in accordance with the prescribed procedures.

Referral to discipline committee

(5) In considering and investigating the conduct of a practitioner, the complaints committee may,

(a) direct that a matter be referred, in whole or in part, to the discipline committee;

(b) direct that a matter not be referred to the discipline committee; or

(c) take such other action as it considers appropriate in the circumstances and that is not inconsistent with this Act, the regulations or the by-laws.

Public interest

(6) The Registrar or the complaints committee, as the case may be, shall not conduct an investigation under this section unless the Registrar or committee believes that it is in the public interest to do so and does so in good faith.

Powers of investigator

23. (1) An investigator appointed under section 22 has the following powers and duties for the purpose of an investigation under this Act:

1. Upon request, the investigator shall produce evidence of his or her appointment.

2. The investigator may examine a document or other thing that he or she believes to be relevant to the investigation.

3. The investigator may demand that a document or other thing be produced for inspection if he or she believes it to be relevant to the investigation.

4. The investigator may remove a document or other thing for review and copying if he or she believes it to be relevant to the investigation. The investigator shall return it within a reasonable time.

5. In order to produce a record in readable form, the investigator may use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place in which he or she is conducting the investigation.

6. The investigator may question any person about matters that the investigator believes to be relevant to the investigation.

Powers of entry

(2) An investigator may enter lands or business premises, other than a private dwelling, without the consent of the owner or occupier and without a warrant if the entry is for the purpose of an investigation under this section, or with a warrant issued under subsection (4).

Entry to dwelling

(3) An investigator shall not enter a private dwelling unless the investigator has obtained,

(a) the consent of the owner of the dwelling and, if the occupier of the dwelling is not the owner, the consent of the occupier;

(b) the authority of a warrant issued under subsection (4).

Warrant

(4) A justice of the peace may issue a warrant authorizing the person named in the warrant to do anything permitted under subsection (1).

Requirements for warrant

(5) A warrant may be issued under subsection (4) if the justice of the peace is satisfied on information under oath that,

(a) an investigator has been prevented from doing anything permitted under subsection (1) or there are reasonable grounds to believe that the investigator may be prevented from doing any of those things; or

(b) it is necessary that a private dwelling be entered for the purposes of conducting the investigation or there is in the private dwelling a document or thing that there are reasonable grounds to believe is relevant to the investigation.

Same

(6) Subject to subsection (7), the power to enter lands or business premises may be exercised at any reasonable time.

Notice

(7) In the absence of a warrant under subsection (4), the power to enter lands or business premises shall not be exercised unless reasonable notice of the entry has been given to the owner of the property and, if the occupier of the property is not the owner, to the occupier.

Prohibition, obstruction, etc.

24. (1) A person shall not engage in any of the following activities:

1. Obstruct an investigator who is investigating the practice of interior design by a person.

2. Withhold or conceal from an investigator anything that the investigator reasonably considers to be relevant to his or her investigation.

3. Destroy anything that the investigator reasonably considers to be relevant to his or her investigation.

Offence

(2) A person who contravenes subsection (1) is guilty of an offence and on conviction is liable,

(a) to a fine of not more than $10,000 for a first offence;

(b) to a fine of not more than $20,000 for a subsequent offence.

Professional misconduct

25. A practitioner commits professional misconduct if the practitioner is found guilty of an offence that relates to the practitioner's professional integrity, or in such other circumstances as may be prescribed.

Incompetence, lack of knowledge

26. (1) A practitioner is not competent to practise interior design if the practitioner's work displays such a lack of knowledge, skill or judgment in the practice of interior design that the practitioner is unfit to continue to practise or that the practitioner's practice should be restricted.

Same, disregard of public welfare

(2) A practitioner is not competent to practise interior design if, in the practice of interior design, the practitioner displays such disregard for the welfare of the public that the practitioner is unfit to continue to practise or that the practitioner's practice should be restricted.

Same, mental or physical condition

(3) A practitioner is not competent to practise interior design if the practitioner is suffering from a physical or mental condition or disorder of a nature and extent that makes it desirable in the interest of the public that the practitioner no longer be permitted to practise or that the practitioner's practice should be restricted.

Disciplinary proceedings

27. (1) A disciplinary proceeding may be initiated against a practitioner by the prescribed persons or entities and in accordance with the prescribed procedures.

Same

(2) A disciplinary proceeding may be initiated if there are reasonable grounds to believe that,

(a) the practitioner has engaged in professional misconduct;

(b) the practitioner has been negligent in the practice of interior design; or

Discipline committee

(3) The discipline committee shall hear and determine the matter in accordance with the prescribed procedures.

Powers of the committee

(4) The discipline committee may do any of the following things upon making a finding of professional misconduct, negligence or incompetence with respect to a practitioner:

1. Revoke the practitioner's registration.

2. Suspend the practitioner's registration for a specified period or until the practitioner takes specified steps relating to their practice of interior design.

3. Vary or impose terms, conditions or restrictions on the certificate until the practitioner has successfully completed specified studies or has obtained specified practical experience under the supervision of a certified practitioner.

4. Vary or impose terms, conditions or restrictions on the certificate until the practitioner takes specified steps relating to their practice of interior design.

5. Direct the practitioner to return all or part of the money paid by a person to the practitioner for services relating to the practice of interior design, or to correct or remedy any error or omission committed by the practitioner, as specified by the committee.

6. Reprimand the practitioner.

7. Publish the practitioner's name and the decision of the committee with respect to the practitioner, in whole or in part.

8. Require the practitioner to pay all or part of the costs of the investigation and proceedings.

Effect of decision

(5) A decision of the discipline committee authorized by subsection (4) takes effect immediately, unless the Divisional Court makes an order to the contrary in connection with an appeal of the decision.

Appeal

(6) A party to the proceeding may appeal the decision of the discipline committee to the Divisional Court.

Association of Registered Interior Designers
of Ontario

Association continued as corporation without share capital

28. (1) The Association of Registered Interior Designers of Ontario, a body corporate established under the Association of Registered Interior Designers of Ontario Act, 1984, is hereby continued as a corporation without share capital under the name Association of Registered Interior Designers of Ontario in English and Ordre des designers d'intérieur inscrits de l'Ontario in French.

Composition

(2) The Association is composed of its members.

Non-application of Acts

(3) The Corporations Act and the Corporations Information Act do not apply to the Association, except as specifically made applicable by this Act or the regulations.

Objects

29. (1) The principal object of the Association is to regulate the practice of interior design to serve and protect the public interest.

Additional objects

(2) For the purpose of carrying out its principal object, the Association has the following additional objects:

1. To govern its members and practitioners in accordance with this Act and the regulations and by-laws made under it.

2. To establish, maintain and develop standards of knowledge and skill among its members and practitioners.

3. To establish, maintain and develop standards of qualification and standards of practice for the practice of interior design.

4. To establish, maintain and develop standards of professional ethics among its members and practitioners.

5. To promote public understanding of safe interior design and public awareness of the role of the Association.

6. To promote the mobility and transferability of membership in comparable associations in other jurisdictions.

7. To exercise such other powers as may be conferred, and to perform such other duties as may be imposed, under this or any other Act.

8. To undertake such other activities relating to the practice of interior design as the Council considers appropriate.

Powers

30. (1) The Association has the capacity and the rights, powers and privileges of a natural person.

Same, arrangements with other bodies

(2) Without limiting the generality of subsection (1), the Association may,

(a) establish a joint practice board with any body it considers appropriate to assist it in developing and maintaining a professional relationship with that body;

(b) make reciprocal arrangements with other bodies governing interior designers in other jurisdictions providing for,

(i) the recognition by the Association of the qualifications for practising interior design in those jurisdictions as qualifications for practising in Ontario, and

(ii) the recognition by those bodies of the qualifications for practising interior design in Ontario as qualifications for practising in those jurisdictions.

Same, insurance

(3) Without limiting the generality of subsection (1), the Association may make arrangements for its members and practitioners respecting indemnity for professional liability and respecting the payment and remission of premiums in connection with those arrangements and prescribing levies to be paid by members or practitioners and exempting members or practitioners from all or any part of such levy.

Same

(4) Without limiting the generality of subsection (1), the Association may require members and practitioners to obtain and maintain professional liability insurance in such minimum amounts as the Association may prescribe from time to time.

Council

31. (1) The Board of the Association continued under this Act is continued as the Council of the Association until a new Council is established in accordance with this section.

Composition of Council

(2) The Council shall be composed of,

(a) at least nine and not more than 20 individuals who are certified practitioners and are elected by certified practitioners in accordance with the by-laws;

(b) at least three and not more than five individuals who are not members and who are appointed by the Lieutenant Governor in Council; and

Eligibility

(3) An individual's eligibility to hold office as a Councillor is determined with reference to the criteria set out in the by-laws.

Term of office

(4) Councillors hold office for the term specified in the by-laws.

Committees

32. (1) The Council shall maintain the following committees and may establish such other committees as it considers appropriate:

1. A registration committee.

2. A complaints committee.

3. A discipline committee.

Panels

(2) The Council may authorize the registration committee, the complaints committee and the discipline committee to sit in panels for the purpose of exercising the committee's powers and performing the committee's duties under this Act, if any, and for any other purpose.

Same

(3) A decision of a panel of a committee constitutes the decision of the committee.

Registrar

33. (1) The Council shall appoint a Registrar from among the employees of the Association.

Same

(2) The Registrar shall exercise the powers and perform the duties assigned to him or her under this or any other Act.

By-laws

34. (1) The Council may make by-laws relating to the administrative and internal affairs of the Association.

Resolutions, fees

(2) The Council may by resolution establish fees, specify the amount of such fees, require members and persons applying to become members to pay such fees and exempt persons from paying fees.

Annual report

35. (1) Each year, the Council shall give a report to the Minister containing such information as he or she requires.

Information

(2) In addition to the annual report, the Council shall give the Minister such information as he or she requests at such times as he or she specifies.

Powers of the Minister

36. (1) The Minister may review the activities of the Council and ask the Council to undertake activities that, in his or her opinion, are necessary and advisable to carry out the intent of this Act.

Same

(2) The Minister may advise the Council with respect to the implementation of this Act and the regulations and with respect to the methods that the Council uses or proposes to use to enforce the regulations and to implement its policies.

Confidentiality of information

37. (1) Every Councillor, member of a committee established by the Association, employee or agent of the Association, including an investigator appointed under section 22, or other person engaged in the administration of this Act shall keep confidential any information obtained in the course of his or her duties performed under this Act.

Exception

(2) An individual described in subsection (1) may, where authorized by law, disclose confidential information for the purposes of the administration and enforcement of this Act.

Offence

(3) An individual who knowingly fails to comply with subsection (1) is guilty of an offence and on conviction is liable,

(a) to a fine of not more than $15,000 for a first offence;

(b) to a fine of not more than $30,000 for a subsequent offence.

Testimony in civil proceedings

38. (1) A Councillor, member of a committee established by the Association, employee or agent of the Association, including an investigator appointed under section 22, or other person engaged in the administration of this Act cannot be compelled to testify in a civil proceeding with respect to information obtained in the course of his or her duties performed under this Act.

Exception

(2) Subsection (1) does not apply with respect to a proceeding to enforce this Act.

Immunity

39. (1) No action or other proceeding for damages shall be instituted against the Association, a Councillor, a member of a committee of the Association, an employee or agent of the Association, including an investigator appointed under section 22, or any other person engaged in the administration of this Act for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this or any other Act or for any alleged neglect or default in the performance or exercise in good faith of such a duty or power.

Indemnification

(2) The Association shall indemnify a person described in subsection (1) for all costs, charges and expenses sustained or incurred by the person relating to an action or other proceeding described in subsection (1), but not for any costs, charges and expenses that are caused by the person's own wilful neglect or default.

General

Offence, false representation

40. Every person who makes a representation, knowing it to be false, for the purpose of being registered as a practitioner is guilty of an offence and on conviction is liable,

(a) to a fine of not more than $10,000 for a first offence;

(b) to a fine of not more than $20,000 for a subsequent offence.

Public register

41. (1) The Registrar shall maintain a public register of information about practitioners.

Information

(2) The register must contain the following information and may contain such other information as the Association considers appropriate:

1. The name and business address of practitioners.

2. The name and business address of applicants for certificates.

3. The name and business address of persons who are former practitioners and who ceased to be practitioners within the preceding six years.

4. Particulars of any terms, conditions and limitations on a practitioner's membership or certificate and any variations made to them within the preceding six years.

5. Particulars of any suspension or revocation of a certificate.

6. The results of every disciplinary proceeding completed within the six preceding years in which,

i. a practitioner was reprimanded,

ii. a practitioner was required to pay a fine, or

iii. a certificate was revoked, suspended or had terms, conditions or limitations imposed on it.

7. Such other information as may be prescribed.

Same

(3) The Registrar shall include in the register information respecting corporations, partnerships or other entities that are members, including the name and business address of the shareholder, officer, director, partner or employee of the corporation, partnership or entity who is a certified practitioner and who directly supervises the practice of interior design by the corporation, partnership or entity.

Public access

(4) Upon request, a member of the public may inspect the register at the head office of the Association during its normal business hours.

Injunctive proceedings

42. (1) The Association may apply to the Superior Court of Justice for an injunction or other order to prevent a person who has committed or continues to commit an offence under this Act from committing it again or continuing to commit it.

Consequences of injunction

(2) The certificate of a practitioner who is the subject of an injunction or order under subsection (1) is deemed to be revoked.

Continuing disciplinary powers, individuals

43. (1) Even though an individual ceases to be a practitioner, disciplinary proceedings may be initiated or continued under this Act with respect to his or her conduct while the individual was a practitioner.

Same, corporations

(2) Even though a corporation, partnership or other entity ceases to be a member, disciplinary proceedings may be initiated or continued under this Act with respect to its conduct while it was a member.

Evidence

44. (1) A statement purporting to be certified by the Registrar as a statement of information from the records kept by the Registrar in the course of his or her duties is admissible in any proceeding as proof, in the absence of evidence to the contrary, of the information, without proof of the Registrar's appointment or signature.

Same

(2) A copy of a document or record that is certified by an investigator appointed by the Association to be a true copy of it is admissible as evidence in any proceeding to the same extent as the original document or record and has the same evidentiary value as the original document or record.

Regulations

45. Subject to the approval of the Lieutenant Governor in Council, the Council may make regulations,

(a) respecting eligibility for membership, registration and reinstatement of membership or registration, standards relating to the practice of the profession, including evaluation, examination, education and work experience requirements for members and practitioners, and the discipline of practitioners, including what constitutes professional misconduct;

(b) prescribing such things as this Act requires or permits to be prescribed or to be done by regulation;

(c) prescribing classes of individuals who are exempt from subsection 3 (1) (prohibitions re practice of interior design), prescribing classes of membership and certificates and imposing terms, conditions and limitations on any class;

(d) respecting the composition of committees, appointment of members to committees, quorum requirements and practice and procedure before committees, and respecting all matters relating to appeals of decisions by committees;

(e) prescribing information to be included in the public register maintained by the Registrar;

(f) making any provision of the Corporations Act and Corporations Information Act applicable to the Association, with such modifications as the Council considers necessary or advisable;

(g) requiring the making of returns of information by members and practitioners, including corporations, partnerships and other entities, in respect of names, addresses, telephone numbers, associates, partners, employees and professional liability insurance, and requiring the use of forms established or approved by the Association for such returns;

(h) requiring and governing the signing, stamping and sealing of documents and designs by members and the signing, stamping and sealing of documents and records by other persons under clause 5 (1) (c), specifying the forms of stamps and seals and respecting the issuance and ownership of stamps and seals;

(i) governing the use of names and designations in the practice of interior design by members, practitioners, corporations, partnerships and other entities engaged in the practice of interior design;

(j) providing for the maintenance and inspection of registers of persons authorized to engage in the practice of interior design;

(k) respecting the advertising of the practice of interior design;

(l) prescribing a code of ethics;

(m) defining classes of specialists among practitioners, prescribing the qualifications required, providing for the suspension or revocation of any such designation and for the regulation and prohibition of the use of terms, titles or designations indicating specialization by a member or practitioner;

(n) providing for inspection programs related to the practice of interior design, including programs for the inspection of records, other than financial records and the records of an architect, a professional engineer or other person referred to in subsection 3 (1);

(o) providing for the compilation of statistical data on the supply, distribution and professional activities of practitioners and on remuneration for the practice of interior design, and requiring practitioners to provide the information necessary to compile such statistics;

(p) requiring members to obtain and maintain insurance against professional liability, respecting the terms and conditions and prescribing the minimum amounts of such insurance, requiring members to provide proof of coverage to the Registrar and respecting the form of proof and the times for providing proof;

(q) exempting any class of members from the requirement to be insured in respect of professional liability, and classifying members for the purpose of such exemption;

(r) requiring members, through participation in an indemnity plan, to obtain and maintain an indemnity against professional liability and prescribing the minimum amounts of such indemnity and exempting, subject to such terms and conditions as may be prescribed, any class of members from the requirement to participate in an indemnity plan and classifying members for the purposes of any such exemption;

(s) providing for a program of continuing education of members of the Association;

(t) classifying and exempting any class of members from any provision of the regulations under such special circumstances in the public interest as the Council considers advisable;

(u) specifying acts within the practice of interior design that are exempt from the application of this Act when performed or provided by a member of a prescribed class of persons, and prescribing classes of persons for the purpose of the exemption;

(v) respecting any transitional matters necessary for the effective implementation of this Act and the regulations;

(w) prescribing any matter that is necessary for furthering the Association's objects and that is in the public interest.

Repeals

46. The Association of Registered Interior Designers of Ontario Act, 1984 and the Association of Registered Interior Designers of Ontario Act, 1999 are repealed.

Commencement

47. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Sections 1 to 46 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

48. The short title of this Act is the Interior Designers Act, 2006.

EXPLANATORY NOTE

The object of the Bill is to regulate the practice of interior design in Ontario in the public interest.

Section 2 of the Bill defines the practice of interior design to include the preparation, implementation, evaluation and review of designs respecting the construction, demolition or management of the alteration, fitting out or furbishing of the interior space of the whole or part of a building. The buildings for which interior design services are required are those buildings for which the services of an architect or engineer are required for structural purposes. These buildings, classified by major occupancy and size and height, are set out in Table 2.3.1.1 of the Ontario Building Code and include all buildings used for assembly occupancy, care or detention occupancy, and those buildings used for residential occupancy, business and personal services occupancy and mercantile and industrial occupancy that exceed 600 square metres in gross area or three stories in building height. The various types of occupancy are defined in the Building Code.

Subsection 4 (2) of the Bill prohibits a person from using the designation "interior designer" or "interior design", and their French equivalents, unless the person is a person registered by the Association, an architect or another authorized person. Section 6 provides that it is an offence for a person to engage in the practice of interior design unless the person is a registered practitioner or an architect, professional engineer or other authorized person.

Subsection 28 (1) continues the Association of Registered Interior Designers of Ontario as a body corporate responsible for governing the practice of interior design in Ontario. The Association's functions include the registration of practitioners, including certified practitioners, intern practitioners and temporary practitioners, and corporations, partnerships or other entities engaged in the practice of interior design, the establishment and enforcement of standards of knowledge, skill, practice and professional ethics, and the promotion of public understanding of safe interior design and public awareness of the role of the Association.

Section 31 provides that the Association is governed by a Council composed of at least nine and not more than 20 individuals who are certified practitioners and at least three and not more than five individuals who are not members. The non-members are to be appointed by the Lieutenant Governor in Council. Section 32 requires the Council to establish a registration committee, a complaints committee and a discipline committee and empowers the Council to establish other committees as the need arises. Among the duties of the Registrar of the Association, appointed by the Council under section 33, are the conduct of investigations and the maintenance of a public register of information relating to practitioners.

Section 45 provides the Council of the Association with a broad range of regulation-making powers relating to self-governance. Such regulations are subject to the approval of the Lieutenant Governor in Council.