By Sia Dani and Vatsa Modi
When starting a new construction or renovation project, clients often ask: “Do I need an architect or a designer?” While both roles involve creative and technical input, the legal distinctions between them can significantly impact your project’s compliance, liability, and outcomes. In this article, we break down the key legal differences between architects and designers.
Architects are a subset of designers that are licensed professionals who plan and design buildings and oversee the entire constructions process. They must earn a professional degree in architectural studies from a university accredited by the Canadian Architectural Certification Board. In Ontario, architects are governed by the Architects Act, R.S.O. 1990, c. A.26 (the “Architects Act”) and regulated by the Ontario Association of Architects.[1] The Architects Act, similar to Law Society of Ontario obligations for lawyers, governs various aspects of architects’ conduct including, but not limited to, issuance, cancellation and suspension of licensure, insurance requirements, grounds for professional misconduct, and discipline committee and proceedings.
According to the Architects Act, “practice of architecture” means, (a) the preparation or provision of a design to govern the construction, enlargement or alteration of a building, (b) evaluating, advising on or reporting on the construction, enlargement or alteration of a building, or (c) a general review of the construction, enlargement or alteration of a building.[2] The Architects Act prevents any person from engaging in the practice of architecture or hold himself, herself or itself out as engaging in the practice of architecture unless, (a) the person is licensed under this Act, (b) the person is the holder of a certificate of practice or the person is doing so as a member of a partnership that holds a certificate of practice, or (c) the person is the holder of a temporary licence under this Act.[3]
As per the Canadian Law of Architectural Engineering Second Edition at p.p. 101 and 102 it is stated that, unless expressly stated in the contract for professional services, an architect owes a duty to exercise the skills, care and diligence which may reasonably be expected of person or ordinary competence, measured by the professional standard of the time.
While architects have a governing statute and higher standard and duty of care specific to them, designers, in general, do not. At best, the Building Code Act, 1992, S.O. 1992, c. 23 (the “BC Act”) defines the role of designers, which also applies to architects, as the following:
Section 1.1 (2)(a) if the designer’s designs are to be submitted in support of an application for a permit under this Act, to provide designs which are in accordance with this Act and the building code and to provide documentation that is sufficiently detailed to permit the design to be assessed for compliance with this Act and the building code and to allow a builder to carry out the work in accordance with the design, this Act and the building code.[4]
Under the BC Act and Ontario Building Code, this role and performance of general review of the design and construction of a building is further restricted to the designer’s qualifications. In accordance with the BC Act and Ontario Building Code, there are wide array of buildings that shall only be designed or reviewed by an architect, including any and all buildings that exceeds 600 m2 in gross area or 3 storeys in building height.[5] More specifically, the BC Act and the Ontario Building Code, in conjunction, make it clear that only architects are able to design, review, and otherwise plan a building that exceeds 600 m2 in gross area or 3 storeys in building height.
As such, any designer that is not an architect, may design buildings that are smaller than 600 m2 in gross area or 3 storeys in building height. These designers can gain legitimacy amongst developers and owners by obtaining a Building Code Identification Number (“BCIN”). Through various training and examinations, designers that are not architects can become BCIN designers that would allow them to submit permit drawings for approval in Ontario, as this credential validates their ability to produce code-compliant designs.
All of this goes to show the stark differences as between architects and BCIN designers in terms of what they are permitted to work on. As such, depending on the type and size of the project, it is prudent that the correct professional is retained in order to avoid issues related to non-compliance with the Architects Act, permit approval or rejection, and worst of all, personal liability for unsafe or non-compliant work.
Please find a table below as a quick guide on the type of designer you should select based on your project type.
| Project Type | Hire an Architect? | Hire a BCIN Designer? |
| Custom home under 600m² | Optional | Yes |
| Small interior renovations | Not required | Yes |
| Commercial building over 600m² | Required | No |
| Multi-storey condo development | Required | No |
[1] Architects Act, R.S.O. 1990, c. A.26.
[2] Ibid at s. 1.
[3] Ibid at s. 11.
[4] Building Code Act, 1992, S.O. 1992, c. 23 at s. 1.1(2)(a).
[5] O. Reg. 332/12: Building Code, Division C Administrative Provisions, Part 1 at s. 1.2.
