Professional Practice

Question 1

What is the Architect’s Act?

Answer 1

1. Legislation that governs the Architectural profession throughout the province.
2. Giving AIBC authority to self govern
3. Gives AIBC authority to self regulate the profession.
4. Protects the profession, the client and the public.

Question 2

What is the underlying purpose of the Architect’s Act?

Answer 2

Protect the Public Interest

Question 3

What does the Architect’s Act specify?

Answer 3

Legal responsibilities for those who practice architecture, including:
i) qualifications
ii) professional conduct standards
iii) liability
iv) certificates of practice
vi)establishes authority and mandate of AIBC

Question 4

What are Bylaws?

Answer 4

i) Architect Act gives authority for institute to make Bylaws for the regulation of the institute, architects, architectural firms, licensees and associates.
ii) establish competency, professional and ethical standards of the profession.

Question 5

What is the Difference between the Act and Bylaws?

Answer 5

Architects Act:
1) Allows institute to make Bylaws + standards
2) establishes AIBC as self regulating
3) governs the profession.
4) specific to architects and architecture, but affects everyone including other professionals, government officials, clients and the public.

Bylaws:
1) Architects Act gives authority to make ByLaws that expand on the Act.
2) Bylaws approved by members of institute.
3) Address variety of institute governance matters, architectural firm requirements and competency, professional and ethical standards of the profession.

Question 6

Who approves bylaws?

Answer 6

Special majority vote of architects at a general meeting AND reviewed by provincial government.

Question 7

What is the Code of Ethics and Professional Conduct?

Answer 7

1) Establishes core professional and ethical standards for architects, firms, associates and licensees.
2) Maintains public trust in profession’s integrity.
3) Ensures comprehension of standards
4) Assists in efficient operation of AIBC

Question 8

Who does Code of Ethics + Professional Conduct protect?

Answer 8

The profession, the client and the public.

Question 9

What is the Code of Ethics Built Around?

Answer 9

1) Expands on Bylaws that set the principles, values standards and rules of behaviour for the profession.
2) Supplemented by council rulings and advisory commentary.
a) Council rulings - binding rules that expand on Bylaw’s fundamental statements
b) Advisory Commentary - non-binding and provide practical, updated information

Question 10

What is the Code of Conduct and what is it used for?

Answer 10

1) Provides essential behavioural expectations and standards that apply to all councilors and invited guests to council
2) Provides specific guidelines to address conflicts of interest.

Question 11

What is Code of Conduct’s relationship to AIBC Code of Ethics?

Answer 11

1) Complementary to Code of Ethics.
2) code or conduct provides behavioral expectations and standards for all councilors and invited guests to council.
2) Focus’ on relations between Archtiects and clients and the duties owed to the general public.
3) Inconsistency between the two documents, than Code of Ethics prevails.

Question 12

What documents are found under the Code of Conduct?

Answer 12

1) Confidentiality and Non-Disclosure Agreement
2) Conflict of Interest Guidelines

Both are for council member use.

Question 13

What is the Office of Superintendent of Professional Governance for?

Answer 13

1) Provide best practices for professional governance
2) Develop policy and guidance.
3) Support regulatory bodies regulating their registrants.
4) Enforce compliance with Professional Governance Act.

Question 14

What is Professional Governance?

Answer 14

1) Oversight of a profession and it’s professionals by a governing body including self regulation.

Question 15

What is Professional self-regulation?

Answer 15

1) Agreement between government and professional occupational group to regulate activities of it’s registrants
2) Trusting profession put public best interest ahead of self-interest
3) Gives government some control over the practice of Architecture.
4) Allows professionas to use expertise to set and enforce requirements.

Question 16

What is professional governance legislation?

Answer 16

1) Law that establishes a professions governing body to regulate itself with a regulatory framework
2) Sets requirements for persons entering profession, standards of practice, pathway for complaints and discipline procedures.

Question 17

What is the role of professional regulators (AIBC)?

Answer 17

1) Duty to regulate their profession in the public interest, which may not reflect interest of registered professionals

Question 18

What is the responsibility of registered professionals?

Answer 18

Ethical and legal duty to protect the interest of the public ahead of their own.

Question 19

What is the Professional Governance Act and describe why is AIBC transitioning legislation from Architects Act to the Professional Governance Act?

Answer 19

1. PGA
   a) provides consistent governance framework for self-regulating professions
   b) incorporates best practices for professional governance.
   c) allows to expand governance framework to other professions.
   d) enables regulatory bodies to establish protected titles and reserve areas of practices
   e) provides authority to regulatory bodies to regulate firms and registrants
   d) 5 regulatory bodies currently under act
2. Transition:
   a) to better align profession with societal and government expectations and standard.
   b) Allow AIBC to more effectively regulate the profession in public’s interest.
   c) Does not change AIBC core function, mandate and operation.

Question 20

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

Answer 20

1) Sign with client a written architectural services contract (standard contract)
2) Advise in writing to client:
a) Architect’s professional liability insurance
b) Liability insurance is available for review upon request.
c) Contract complies with AIBC Bylaws and Code of Ethics.

Question 21

What kind of contract is signed with the client?

Answer 21

1) Standard form contract approved by AIBC OR
2) Contract that substantially conforms to all aspects of approved contract stipulated in Bylaw 28

Question 22

What are the essential qualities an architect should have?

Answer 22

1) Act with reasonable care and competence
2) act impartially/objectively
3) Recognize personal and professional limitations
4) Recognize any impairment affecting ability to function completely.
5) Stay informed in the practice of architecture (continuing education)

Question 23

What is the Architect’s responsibility to the public, client and profession?

Answer 23

Self/profession
1) practice in fairness
2) abide tariffs
3) respect protocols
4) limit work to areas of competence

Client
1) provide adequate professional services + fulfill contractor obligations
2) act with care competence, skill and judgment
3) provide expertise, technical and practical knowledge
4) understand client’s motives/needs
5) educate client

Public
1) practice in public’s best interest
2) act with care/competence
3) apply knowledge skill and judgement

Question 24

What do Architect’s need to comply with?

Answer 24

Architect’s Act of British Columbia, the Bylaws and council rulings.

Question 25

What should an Architect take into consideration when practicing architecture?

Answer 25

All federal, provincial, municipal regulations and buildings laws.

Question 26

Can an Architect criticize another Architect’s work? If so, under what conditions?

Answer 26

Yes but must:
1) not falsely/maliciously damage the professional practice or business of another architect.
2) be fair, respectful and educated with informed, legitimate pointe of view
3) not reflect negatively on the profession

Note: Architect may be asked to comment on another Architect’s work as part of an Advisory Design Panel (ADP). This is a public service and part of Code of Ethics.

Question 27

Can an Architect begin work for a client without a contractual agreement in place? What form can this be?

Answer 27

1) No, per Act and Bylaw 28.8.1
2) Use Full Contract AIBC Doc 6 or Short Form AIBC Doc 8.
3) If standard form contract not used, contract must substantially comply with all primary statements outlined in Bylaws.
4) Never begin work with verbal agreement - use short form

Question 28

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

Answer 28

1) In writing, notify previous Architect that you have been approached for the commission (not client responsibility). Inquire about the project + client’s reason for termination

2) In writing confirm services/contract of previous architect have been terminated before commission is accepted.

3) Provide a fee proposal - including services requested that were previously provided.

4) Fees do not have to be fully be paid out prior to accepting commission unless
a) services to complete the work require drawings or copyright material completed by the previous architect that have not been paid for.

5) ensure no copyright infringement if using previous work. Can only use if Released Copyrights are attained from previous architect

Question 29

What is an approved competition?

Answer 29

Conducted according to architectural competition rules approved by council or alternate arrangement approved in writing by council.

Question 30

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

Answer 30

1) AIBC Tariff of Fees for Architectural Services
a) fair level of compensation that enables a proper level of basic service. General guideline for fees for services.
b) not list of mins or max. Used to guard against inadequate fees

2) Pro Bono
a Services without a fee as a public service
b) only use when funding for architect’s service is extremely difficult or impossible.

3) Contingency
a) service to assist client in preliminary phases of project development when risk of financial failure is significantly greater than project success.
c) Includes rezoning application and development permit

Question 31

What consideration and steps would you make in establishing your professional fees?

Answer 31

1) Understand the scope of work
2) Refer to Tariff of fees (double check you are within range)
3) understand program, scale and complexity of work
4) understand experience of staff for specific project and also availability of staff
3) Billing rates should include:
- office rent / operating costs
- equipment purchase/lease
-non-billable staff
-salaries
-reasonable profit - set aside % for capital reserve
- in

Question 32

What are the AIBC Bulletins?

Answer 32

1) information and guidance to architects and other registrants about institute and professional matters
2) publicly available and used by clients, local government, public for information on professional standards and expectations

Question 33

A client has come to you asking that you do a portion of design for a considerably reduced fee. You expect this could lead to more projects with this client. How do you respond to this request in a professional manner?

Answer 33

Bylaw 34.1
1) there is a minimum level of service and care which must be compensated outlined in AIBC Tariff
2) Reducing fee would reduce level of service. This is against architect’s duty to self, profession and client + public
3) Provide alternative solutions
a) reduce scope of work
b) bill on a lower range set out in Tariff
c) offer pro bono (only if applies) - still require to provide minimum level of service

Question 34

Can more than one Architect work on a project?

Answer 34

Yes but only
1) on approved competitions

2) Joint venture
a) perform within services outlined for each firm/architect in contract
b) one due credit on all work

Question 35

Who owns copyrights on drawings and on design? What can a client do with these?

Answer 35

1) Architect is sole owner of drawings. Drawings cannot be used/copied without permission. Project can only be used once, as intended, on the same site.

2) Architect is owner of all instruments of practice (Doc 6 GC 5) including drawings, specs, models, renders etc. Must not be used for any other project, sold or offered for sale, unless given written consent by architect.

Question 36

What promotion/advertising is an architect permitted to do?

Answer 36

Allowed to advertise using
1) name, reputation, portrait attached to endorsement of service + products
2) lectures, seminars, boards, clubs
3) news releases, publishing and professional critique
4) competition and design awards

Cannot:
1) promote being better than others
2) mislead client on qualifications
3) gift with intent to influence client judgment
4) solicitation, compensation, benefit from suppliers

Question 37

What constitutes Architects Basic Services?

Answer 37

1) Schematic Design
2) Design Development
3) Construction Documents
4) Construction Procurement
5) Contract Administration (field reviews, letters of assurance, liens and substantial performance warranties, 1 year deficiencies

AIBC considers all these services imperative in fulfilling professional obligations. Breakdown is described in Tariff of Fees

Question 38

Under Provincial Law what responsibilities does an Architect have to employees?

Answer 38

1) Follow Employment Standards Act (Architects exempt from Employment Act)
a) min wage
b) vacation, holiday and overtime pay
c) statutory benefits: CPP, EI, WCB

2) Follow Labour Laws: no harassment or discrimination

Question 39

Are firms with certificate of practice required to have Professional Liability Insurance? Who and what does it protect?

Answer 39

Yes, all firms required to have Certificate of Practice AND Professional Liability Insurance. (Since 2019)

Doc 6 limits architect’s liability to client at an agreed or max amount

PLI:
1) protects public. Public’s right to expect protection from mal practice. AIBC can enact disciplinary measures + financial indemnity for a claim.
2) Provide professional legitimacy: have obligation and responsible for harm to others. undermines professions if not methods in place to provide assurance to those that can be harmed.
3)protects practitioners: protects against financial lost. If PLI inadequate for damages, personal assets can be pursued in claim.

Doc 6 min $250,000 claim coverage

Question 40

When is the NBC, BCBC and VBBL applied?

Answer 40

NBC
a) model code, has no legal status unless adopted.
b) outlines minimum provisions of achieving safety

BCBC
a) adapted NBC for British Columbia
b) Most AHJs use this throughout BC

VBBL
a) Vancouver code only
b) detailed list of difference to BCBC on website