37:1 Bill PR6, Association of Registered Interior Designers of Ontario Act, 1999

Wood, Bob

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Bill Pr6

Bill Pr61999

An Act respecting

the Association of Registered Interior Designers of Ontario

Preamble

The Association of Registered Interior Designers of Ontario has applied for special legislation to give its members the exclusive right to use the designations "Interior Designer" and "A.R.I.D.O.". The applicant represents that it was continued as a special Act corporation under the Association of Registered Interior Designers of Ontario Act, 1984 and that, under that Act, its members were given the exclusive right to use the designations "Registered Interior Designer" and "A.R.I.D.O.".

It is appropriate to grant the application.

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

1.Section 8 of the Association of Registered Interior Designers of Ontario Act, 1984 is repealed and the following substituted:

Designations

8. (1)Every registered member of the Association may use the designations "Interior Designer" and, after the member's name, "A.R.I.D.O.".

Offence

(2)Any person in Ontario who is not a registered member of the Association is guilty of an offence if the person,

(a)takes or uses the designation "Interior Designer" or "A.R.I.D.O", alone or in combination with any other word, name, title, initial or description; or

(b)implies, suggests or holds out that the person is a registered member of the Association.

Exception

(3)It is not an offence for the following persons to use the designation "Interior Designer":

1. An architect, as defined by the Architects Act.

2.A person who, on the day this Act receives Royal Assent, is an intern architect under the Architects Act.

Right to sue for fees limited to registered members

(4)A person who is not a registered member of the Association may not bring an action in any court in Ontario to collect fees, compensation or other remuneration for services performed while in contravention of subsection (2).

Penalty

(5)Every person who is guilty of an offence under subsection (2) is liable, on conviction,

(a)for a first offence, to a fine of not more than $1,500;

(b)for a second offence, to a fine of not more than $3,500;

(c)for each subsequent offence, to a fine of not more than $5,000.

Evidence

8.1 (1)In every case where registration is an issue, the production of a copy of the register, certified by the Registrar, is proof, in the absence of evidence to the contrary, of the persons who are registered members of the Association.

Same

(2)A certificate purporting to be signed by the Registrar is proof, in the absence of evidence to the contrary, that the person is the Registrar, without any proof of that person's signature or of that person being the Registrar.

Same

(3)The absence of the name of any person from a copy of the register certified by the Registrar is proof, in the absence of evidence to the contrary, that the person is not a registered member of the Association.

2.Section 11 of the Act is repealed and the following substituted:

Right to practise unaffected

11. This Act does not affect or interfere with the right of any person who is not a member of the Association to practise interior design in Ontario.

Commencement

3.This Act comes into force on the day it receives Royal Assent.

Short title

4.The short title of this Act is the Association of Registered Interior Designers of Ontario Act, 1999.

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