A) NORMATIVAS
Fuente: Canadian Handbook of Practice For Architects
Canadian Construction Documents Committee (CCDC)
The Canadian Construction Documents Committee (CCDC) is comprised of skilled and experienced practitioners from each sector of the consulting and construction industry, to represent their sector interests.
The CCDC’s activities are governed by the Construction Industry Consultative Committee, which sets an annual agenda of activities for the CCDC. The CCDC’s role and responsibilities are to periodically revise, update or draft new standard forms of contract and other national, standard guides and documents, for general use by the construction industry in both the private and public sectors throughout Canada.
All decisions of the CCDC are reached through consensus. Only when consensus is achieved on an entire document, is it offered to the four national organizations with a recommendation for endorsement. All constituent bodies must endorse all CCDC-prepared documents before publication.
Canadian Construction Documents Committee
400-75 Albert Street
Ottawa, Ontario K1P 5E7
Tel: (613) 236-9455
Fax: (613) 236-9526
www.ccdc.org
Fuente: Canadian Handbook of Practice For Architects. Chapter 1.2.3
BUILDING REGULATIONS AND AUTHORITIES HAVING JURISDICTION
The architect’s duty to the public is implemented, in part, by interpreting and complying with building regulations. Every project undertaken by an architect is subject to a maze of statutes, codes, standards, and bylaws. It is not uncommon for a project to be regulated by several levels of government (municipal, provincial and/or federal) as well as by First Nations, regional or metropolitan governments.
The numerous government requirements will vary from project to project. A few examples are the regulations governing:
• Hospitals, theatres, nursing homes, hotels, and office and industrial buildings;
• Toxic and hazardous materials;
• Air, noise, and water pollution;
• Fire, construction safety, and public health;
• Seismic performance;
• Accessibility for persons with disabilities.
The architect must have a general understanding of the complete regulatory environment, even though some regulations may not directly affect architectural services or the design process. For example, although construction safety regulations apply strictly to the contractor and to the operation of the construction project, and as such are the responsibility of the contractor, the architect must be aware of these regulations and the accompanying responsibility.
Certain environmental assessment requirements may demand soil or archaeological studies, which could have an impact on the project funding, schedule, and costs. The architect should be familiar with any such regulations, indeed, all regulations pertaining to the project. In addition, the architect should know which Authorities Having Jurisdiction are responsible for the administration of the regulations.
– The Role of Authorities
Building Codes and Regulations Construction of sound, safe buildings and structures is fundamental. Building codes and regulations provide these minimum safety standards.
Most codes and regulations were established to protect the public, that is, to prevent and mitigate such hazards as structural collapse, fire, accidents, and disease.
Some regulations ensure safe buildings by requiring an adequate supply of potable drinking water, sanitary conveniences, minimum spatial dimensions, and illumination levels, and other
features which affect the building design. However, not all regulations govern building safety. A municipal zoning bylaw or land-use regulation, for example, regulates land use and density as well as the bulk, height, and location of buildings. Such a regulation, which is intended to govern the planned and orderly development of the municipality, can markedly affect the architectural design of a building.
Building codes often adopt standards set by public and private organizations. [Refer to Chapter 1.2.5, Standards Organizations, Certification and Testing Agencies, and Trade Associations, for more information on standards.]
– Enabling Legislation
Adopting and enforcing codes and statutes requires federal or provincial legislation. Under the British North America Act, and its successor, the Constitution Act, responsibility for building regulation rests with the provinces (except for buildings on federal land). Enabling provincial legislation authorizes municipal councils (and others) to appoint staff and assign duties and responsibilities to administer regulations. Sometimes, codes are provincially enacted; sometimes, they are municipal bylaws. The local municipal building official usually administers the building code by means of the building permit and building inspection processes. Building officials are empowered to determine that the erection and maintenance of buildings comply with these regulations.
– National Building Codes
The National Building Code (NBC) of Canada is a “model” code. The NBC is a code of regulations for public health, fire safety, and structural sufficiency with respect to buildings. It establishes a minimum standard of safety and accessibility for the construction of buildings (including extensions and alterations), the evaluation of buildings involving a change of occupancy, and upgrading of buildings to remove an unacceptable hazard. Serving as a basis for other building codes, the NBC is modified to reflect regional requirements or procedures and then adopted as a provincial or municipal building code.
http://www.cmdgroup.com/building-codes/
The National Fire Code is also a model code of minimum requirements to ensure an acceptable standard of fire prevention, fire fighting provisions, and life safety in existing buildings and within the community at large. Although life safety is the primary objective of the National Fire Code, it also includes measures of property protection to the extent that they make a direct contribution to life safety and for the purpose of controlling conflagrations or large loss fires.
The National Farm Building Code deals with the particular requirements for farm buildings.
The National Housing Code and Illustrated Guide is a compendium of requirements in the National Building Code which apply to detached, semi-detached, and row houses.
The Model National Energy Code of Canada for Buildings and the Model National Energy Code of Canada for Houses provide standards for the construction of energy-efficient buildings.
These codes are “model” documents only and must be adopted provincially in order to come
into effect. The Canadian Commission on Buildings and Fire Codes (CCBFC) issues the National Building Codes, written by various technical committees and published by the National Research Council of Canada. A process is currently underway to revise the NBC by using “objective-based” requirements to make it more logical, understandable, and flexible.
– The Building Permit and Inspection Process
The client or his/her agent (sometimes the architect) must submit an “application to build” to local building officials, and usually must verify the correctness of the application by a statutory declaration. The application is accompanied by a stipulated number of sets of architectural, structural, mechanical, and electrical documents for the proposed building. Officials review the application for compliance with municipal bylaws, regulations, and the building code. Other municipal bodies — such as fire, planning, health, and public works departments — may also review the application. When the documents are approved, a building permit is issued. The applicant is advised of any non-complying items.
During construction, municipal building officials review the work for general compliance with the approved documents and building codes. In the case of deviations, revised plans must be submitted to and approved by the building department.
Building officials are authorized to:
• issue compliance orders;
• stop work until corrections have been made;
• lay charges in the case of serious infractions.
Building officials deal primarily with contractors; however, they are also often in contact with project architects, who must review and confirm that the work generally conforms to the documents forming the basis of a building permit. Other levels of government may also require the submission of construction documents.
These Authorities Having Jurisdiction could include:
• the regional, provincial or federal departments of labour;
• public health departments;
• roads, transportation, and communications authorities;
• the office of the fire marshal.
Building officials:
• require and receive applications to erect, enlarge, alter, demolish or move buildings;
• review plans, specifications, and reports to determine that the proposed work meets all applicable regulations;
• issue a permit to commence construction, when the application is complete and complies with all applicable regulations;
• inspect construction in progress for compliance with the approved documents and applicable regulations;
• report contraventions to the appropriate persons;
• issue orders to correct outstanding contraventions prior to use or occupancy, or sooner where circumstances dictate;
• initiate action according to policy when orders are not carried out within the stipulated time;
• issue a certificate of compliance or a similar document when regulations have been met;
• assess unsafe and inadequately maintained conditions within buildings and order corrective action;
• exercise judgement in the application of regulations
• keep records as required;
• report regularly to managers and municipal councils;
• review proposals for equivalencies to code requirements.
Building officials must be well-versed in the regulations and their application, and must understand their importance to public safety. They must:
• know the current legislation;
• be aware of changing building technology and its effects;
• have an understanding of what best serves the public interest.
Building officials must also interpret the meaning of the regulations, their current relevancy, and the need for change. To do so, the officials must communicate effectively with:
• the public, to help the public understand regulations and procedures;
• municipal councils;
• design professionals;
• the construction industry;
• associations concerned with public safety in buildings and structures;
• committees and persons who prepare regulations;
• other building officials
Fuente: Corresponsal en Canadá
Normativa Principal: el National Building Code
B) MODELOS DE CONTRATOS
Fuente: Corresponsal COAM 2024
Bajo “Empresa Privada”, añadir la siguiente referencia a los contratos estándar entre Cliente y Arquitecto en la Columbia Británica bajo regulación del AIBC:
Fuente: ARCHITECTURAL INSTITUTE OF BRITISH COLUMBIA
https://aibc.ca/programs-services/contracts/
CLIENT-ARCHITECT CONTRACTS
Architects are required, pursuant to Professional Standard 5.1 in the Code of Ethics and Professional Conduct, to have an executed, written agreement in place prior to commencing work for a Client. This architectural services contract must be a standard form contract approved by the AIBC Board, or be based upon, and generally consistent with, a standard contract in relation to the services, responsibilities, and general conditions.
AIBC 6C: AIBC Standard Form of Contract 6C Between Client and Consultant
https://aibc.ca/wp-content/uploads/files/2021/07/AIBC-Standard-Form-of-Contract-6C_2021.pdf
AIBC 8C: AIBC Standard Short Form Contract Between Client & Consultant
https://aibc.ca/wp-content/uploads/files/2021/06/AIBC-Contract-8C_2021.pdf
C) CONVENIOS FISCALES
Fuente: Corresponsal COAM 2024
Añadir la referencia a la página web del gobierno de Canadá con respecto al tratado de convenio entre Canadá y España para evitar la doble imposición y prevenir la evasión fiscal en materia de impuestos sobre la renta y sobre el patrimonio.
Fuente: Government of Canada
https://www.treaty-accord.gc.ca/text-texte.aspx?lang=eng&id=102340
Convention Between Canada and Spain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital.
E102340 – CTS 1980 No. 32
The Government of Canada and the Government of Spain;
Desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital,
Have agreed as follows.
D) SUELDOS Y TARIFAS DE HONORARIOS
Fuente: Corresponsal COAM 2024
Referirse a la Crónica de Marzo 2024.
E) FASES DE PROYECTO
Fuente: Royal Architectural Institute Of Canada
Traditional architectural services usually means a five-phased approach for the design and construction of a building:
1 • Schematic Design
2 • Design Development
3 • Construction Documents
4 • Bidding or Negotiation
5 • Construction Phase – Contract Administration
Note that “Pre-design” services and “Post-construction” services are not part of the traditional services and are also not part of the basic services included in the percentage fee listed in the Chart.
F) INFIRME ECONÓMICO. PLANES DE INVERSIÓN
> Oficina Económica y comercial de la Embajada de España en Ottawa
Información del país facilitada por la Oficina Económica y Comercial de España en Ottawa. Actualizada en 2023
> CETA – Comprehensive Economic and Trade Agreement
Comprehensive Economic and Trade Agreement (CETA)
EU-Canada trade and economic activity will be further boosted by the Comprehensive Economic and Trade Agreement (CETA). Signed at the EU-Canada Summit in Brussels in October 2016, this agreement is not just one of the most ambitious trade agreements, the EU has ever concluded, it is also the most progressive. CETA goes beyond just removing customs duties and contains ambitious chapters on sustainable development, labour and the environment. It offers significant benefits for the economies, businesses and consumers in both Canada and the EU.
CETA will take full effect once all the national parliaments of the EU Member States have also ratified the agreement, as the agreement was concluded as a so-called mixed EU agreement. This procedure has been completed already in Latvia, Denmark, Spain, Croatia, Malta, the Czech Republic, Estonia, Portugal, Sweden, Lithuania, Finland and the UK, and is well underway in a number of other EU Member States. However, provisional application of the vast majority of CETA will allow for a meaningful application of its substance right from the start. The European Commission and the Canadian government have agreed to set the date of 21 September 2017 to start the provisional application of the agreement.
> For more information on CETA, please click here.
G) OTROS
Listado de trabajos que pueden realizar los arquitectos en Canadá:
| Architectural Critic |
Graphic Designer |
| Architectural Photographer |
Heritage Planner |
| Architectural Programmer |
Illustrator |
| Architectural Renderer |
Industrial Designer |
| Builder Inspector |
Interior Designer |
| Building Envelope Scientist |
Landscape Architect |
| CAD Coordinator |
Market Researcher |
| Campus Planner |
Model Maker |
| Carpenter |
Municipal Architect |
| Cartographer |
Museum Curator |
| Computer Presentation Designer |
Printmaker |
| Computer Systems Analyst |
Professor |
| Conservator |
Property Assessor |
| Construction Inspector |
Publisher |
| Construction Manager |
Real Estate Agent |
| Contractor |
Real Estate Project Manager |
| Corporate Consultant |
Researcher |
| Design/Build Team Manager |
Set Designer |
| Developer |
Structural Engineer |
| Document Designer |
Technical Writer |
| Environmental Planner |
TV/Film Producer |
| Furniture Designer |
Urban Planner |
> RAIC. CANADA AND THE EUROPEAN UNION FORGE AGREEMENT TO RECOGNIZE ARCHITECT CREDENTIALS
16/11/2018. Autor: RAIC
CALA-ACE Mutual Recognition Agreement makes it possible for architects to take advantage of trans-Atlantic opportunities to work.
> CETA – ACUERDO UE-CANADA: ROMPIENDO BARRERAS
19/03/2018. Autor: ICEX y Embajada de España en Ottawa
El Acuerdo Económico y Comercial Global (AECG) entre la UE y Canadá, más conocido por sus siglas en inglés (CETA), es una de las alianzas comerciales más ambiciosas jamás negociada entre países, al abarcar tanto bienes como servicios y una amplia de gama de temas relacionados con inversiones, homologaciones o cooperación.
