Unprofessional conduct as an architect
20 Unprofessional conduct as an architect
For the purposes of section 56(2), the following conduct of a person (person 1) constitutes unprofessional conduct as an architect —
holding out or in any way implying that person 1’s name is entered in a particular division of the register if the name is not entered in that division of the register;
using, in connection with an architectural service provided by person 1 —
the name of a registered person who is not a partner or employee of person 1; or
the name of a licensed corporation of which person 1 is not an officer, employee or partner;
allowing a natural person (person 2) to practise in person 1’s name in connection with an architectural service provided by person 2 if —
person 2 is not registered; or
person 2 is registered but is not a partner or employee of person 1;
allowing a corporation to practise in person 1’s name in connection with an architectural service provided by the corporation if —
the corporation is not a licensed corporation; or
the corporation is a licensed corporation but person 1 is not an officer of the corporation;
signing an account, statement, report, specification, plan or other document purporting to represent any architectural work as having been done by person 1 in circumstances where the work has not been done under person 1’s direct control or supervision;
accepting architectural work on condition or promise that person 1 will give or receive, or because person 1 has given or received, any remuneration, discount, gift or commission directly or indirectly to or from another person, other than remuneration to be received by person 1 from the client;
failing to disclose to a client a direct or indirect pecuniary interest (other than an interest in a public company) that person 1 has in any product or service that person 1 —
specifies or recommends for use in connection with the project in respect of which person 1’s services are engaged; or
uses or causes to be used in connection with that project;
using, or causing to be used, in connection with a project in respect of which person 1’s services are engaged, a product or service in which person 1 has an interest of a kind referred to in paragraph (g) without having —
the client’s written acknowledgment of the disclosure of the interest; and
the client’s written consent to the use of the product or service.
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