Architects Act and Bylaws, Code of Conduct

Question 1

What is the Architects Act?

Answer 1

It is the legislation that governs the architectural profession throughout the province.

Question 2

What is the underlying purpose of the Architects Act?

Answer 2

To protect the public interest.

Question 3

What does the Act specify?

Answer 3

It specifies the legal responsibilities for those who practice architecture, including qualifications, professional conduct standards, liability, and certificates of practice. It also establishes the authority and mandate of the AIBC.

Question 4

What are Bylaws?

Answer 4

Under the Architects Act, the institute has the authority to make bylaws for the regulation of the institute, architects, architectural firms, licensees and associates.

Question 5

Who does the act apply to / is specific to?

Answer 5

While it is specific to architects and architecture, it affects everyone including related professions, government officials, clients and the public.

Question 6

Who approves bylaws?

Answer 6

They must be approved by a special majority vote of architects and are reviewed by the provincial government before they become effective.

Question 7

What do the bylaws address?

Answer 7

They address a variety of Institute governance matters, architectural firm requirements and, importantly, competency, professional and ethical standards of the profession

Question 8

What is the Code of Ethics and Professional Conduct?

Answer 8

The Institute’s Code of Ethics establishes the core professional and ethical standards for architects, firms and associates.

Question 9

What is the Code of Ethics built around?

Answer 9

It is built around those AIBC bylaws that set out the principles, values, standards and rules of behaviour for the profession, supplemented by council rulings and commentary.

Question 10

What is the Code of Conduct?

Answer 10

The Council Code of Conduct provides the essential behavioural expectations and standards that apply to all councilors and all invited guests to council.

Question 11

What does the Code of Conduct used for / do?

Answer 11

The document including appendices establishes a foundation for ethical behaviour and expectations, as well as more specific guidelines with respect to identifying and addressing conflicts of interest.

Question 12

Code of Conduct’s relationship to AIBC Code of Ethics

Answer 12

It is complementary to the Code of Ethics. It focuses primarily on relations between architects and their clients and duties owed to the general public. If there is a relevant conflict or inconsistency between the two documents,, then the Code of Ethics prevails.

Question 13

What documents can be found under the Code of Conduct?

Answer 13

• Appendix A: Confidentiality and Non-Disclosure Agreement
• Appendix B: Conflict of Interest Guidelines

*For council member use

Question 14

Office of the Superintendent of Professional Governance

Answer 14

• To incorporate best practices in professional governance.
• To develop policy and guidance.
• To support regulatory bodies effectively regulating their registrants.
• To enforce compliance with the Professional Governance Act.

Question 15

Professional Governance

Answer 15

• Professional governance relates to the oversight of a profession and its designated professionals by a governing body. This includes professional self-regulation.
• Self-regulation is a privilege granted to a profession through legislation to protect public interest.

Question 16

Professional self-regulation

Answer 16

An agreements between an occupational group or profession and the government to regulate the activities of its registrants. Trusting that the profession would set aside their self-interest in favour of professional standards set in the public interest.

*Allows government some control over the practice of the profession while enabling professionals to use their expertise to set and enforce appropriate requirements.

Question 17

Professional governance legislation

Answer 17

Establishes a profession’s governing body with the authority to manage itself within a regulatory framework and set requirements for persons to enter the profession, standards of practice, pathway for complaints, and investigation and discipline procedures.

Question 18

Professional regulators

Answer 18

Such as regulatory bodies under the Professional Governance Act, have a duty to regulate their professions in the public interest, which may not necessarily reflect the interest of their registered professionals.

Question 19

Registered professionals

Answer 19

Regulated by a professional regulator have an ethical and legal duty to put the interest of the public ahead of their own.

Question 20

Professional associations

Answer 20

Are usually voluntary organizations which advocate for a profession and their member’s interests.

Question 21

Professional Governance Act

Answer 21

Provides a consistent governance framework for self-regulating professions that incorporates best practices of a professional governance. PGA currently governs the 5 regulatory bodies overseeing:

• Agrologists
• Applied biologists
• Applied science technologists and technicians
• Engineers and geoscientists
• Forest professionals

The PGA includes the ability to expand the governance framework from the five professional regulators currently in scope to other professions. The Architectual Institute of BC will be designated once the work has been completed for them to transition to governance under the PGA.

The PGA enables regulatory bodies to establish protected titles for their professions as well as reserved or protected areas of practice for their professions. The PGA also provides authority for regulatory bodies to regulate firms as registrants.

Question 22

What do the AIBC Bylaws establish?

Answer 22

They establish, with statutory authority, the underlying principles, values, standards, and rules of behaviour for AIBC architects, firms, associates, and licensees..

Question 23

The AIBC Code of Ethics is a compilation of which 3 components?

Answer 23

1. AIBC Bylaws
2. Council rulings (which supplement Bylaws)
3. Advisory committee

Question 24

Council rulings

Answer 24

Supplementing the Bylaws. They are binding “rules” that identify and elaborate on the Bylaws’ fundamental statements.

Question 25

Advisory commentary

Answer 25

Included throughout the Code in an effort to provide practical, updated information to readers.

Question 26

Who do Bylaws and the Code of Ethics apply to?

Answer 26

Architects, firms, licensees and associates of the Institute

Question 27

What needs to be done before the architect is permitted to provide architectural services to a client?

Answer 27

1. A written architectural services contract needs to be signed with the client.
2. The client has to be advised in writing:
   a) of the architect’s liability insurance
   b) that the liability insurance is available for review by the client upon request.
   c) that the contract is in compliance with AIBC Bylaws, including the Code of Ethics.

Question 28

What kind of contract should be signed?

Answer 28

Standard form contract approved by AIBC (available on AIBC website)
OR
Have a contract that must substantially conform to all aspects of approved contracts, as stipulated in the Bylaw (28)

Question 29

What are essential qualities an architect should have?

Answer 29

• acting with reasonable care and competence
• act impartially / objectively
• ability to recognize personal and professional limitations
• responsibility to recognize personal impairment to the ability to function completely
• stay informed in the practice of architecture (continuing education)

Question 30

What do architects need to comply with?

Answer 30

An architect shall comply with the Architects Act of British Columbia, the Bylaws under the Architects Act, and Council rulings.

(Council of the Institute keeps architects and other registrants informed of all changes to the Architects Act and Bylaws)

Question 31

What should an architect take into consideration when practicing architecture?

Answer 31

All applicable federal, provincial, and municipal building laws and regulations.

• And that the practice of architecture may rely on the advice of other professionals and other qualified persons as to the intent and meaning of such regulations (i.e. engineers / consultants). It is up to the architect to determine that these other professionals have the credentials to provide such advice/interpretation. + to confirm such advice in writing.

Question 32

Can an architect criticize another architect?

Answer 32

(Bylaw 34.6)
Cannot falsely or maliciously injure the professional reputation or business prospects of another architect.

But, is allowed to make fair and honest comments on the work of another architects’. Such comment must be based on considered knowledge of the project or subject in question, representing an informed, legitimate point of view.

An architect’s comments must withstand scrutiny in order to be regarded as credible.

Question 33

When can an architect accept commission from a project, previously worked on by another architect?

Answer 33

1. The architect in question must notify the other architect in writing that they have been approached for the commission. (not up to the client to do this)
2. The services of the original architect must be terminated before the commission is accepted.

That being said, the new architect does not have to wait until the original architect’s fees have been paid before accepting the commission.

• BUT

The services that need to be paid for are the drawings (or other instruments of service) which are to be used by the client and the new architect. Before the new architect may proceed with the work.

Question 34

What is an approved competition?

Answer 34

A competition conducted according to architectural competition rules approved by council. Or an alternate arrangement specifically approved in writing by council.

*Should contact the AIBC if unsure if it is approved.

Question 35

What are the three ways of determining professional fees of service?

Answer 35

1. AIBC Tariff of Fees for Architectural Services
2. Pro Bono
3. Contingency

Question 36

Tariff of Fees for Architectural Services

Answer 36

Provides and fair level of compensation that enables a proper level of basic services. It is a general guideline of appropriate fees for services.

NOT a list of minimum or maximum fees or price list. It is intended to guard against inadequate services.

Question 37

Pro Bono

Answer 37

Services without a fee as a public service. Only when funding for an architect’s services is extremely difficult or impossible to obtain.

No fee of any kind at any time.

Question 38

Contingency

Answer 38

A service that may be provided to assist a client in the preliminary phases of project development where the risk of financial failure is high, much greater than that of success.

Only includes design phases (including DP or rezoning application)

Question 39

Bulletins

Answer 39

Provide specific information and guidance to architects and other registrants about a variety of institute and professional matters, largely related to the standards for the profession. The Bulletins are publicly available and are accessed by clients, local governments and the public for information about professional standards and expectations.