Dear colleagues,
While we are at the end of the month, I would like to wish you all a very happy and healthy New Year. 2023 promises to be a momentous year, filled with milestones for both the profession and the Institute. And one of perhaps the biggest achievements will be taking place in a few short weeks: the official transition to the Professional Governance Act (PGA). After two years, it is anticipated that the AIBC will be officially under the authority of the PGA on February 10, 2023.
I would like to take this opportunity to remind everyone that this legislative change is a positive for the profession and its regulation. Looking ahead, we can expect modernized and improved regulation, better government responsiveness, and better transparency of professional regulation for the public.
Now that we have a tentative date – many of you may ask, what will actually happen on February 10? What does this change mean for professional practice? If the date goes ahead as currently planned, the Architects Act will be repealed on February 10 and will be superseded by the Professional Governance Act and its Regulations. While the profession will be under new legislation, there won’t be any substantive changes to professional standards or how firms and individual registrants are regulated. The AIBC will continue to exist as a statutory corporation, and regulate the profession of architecture in the interest of the public. And of note, all applications, complaints and ongoing matters submitted prior to February 10 will follow the current processes under the Architects Act, until they are completed.
It is important to note, though, that there will be some changes. I have provided a brief overview of the noteworthy items below:
Reserved Practice, Updated Code of Ethics, Tariff of Fees of Architectural Services
The reserved scope of practice for architects will essentially remain the same, with some improvements and clarity as to when an architect is required by law. Section 60 of the Architects Act (which have commonly been referred to as the “exceptions”), is being replaced by an updated “reserved practice” scope. They will be found in the Regulations to the PGA, and are specific to the practice of architecture. The AIBC put forward recommendations for the Reserved Practice, and hopes to see better harmonization with the BC Building Code and clarity for the public, including clients and building officials.
Continuing with professional practice and standards – as registrants are aware, the AIBC has been updating the Code of Ethics and Professional Conduct. The primary changes to the Code of Ethics under the PGA are 12 ethical principles that all regulators must include in their codes. These and accompanying commentary were shared with registrants in December, and are generally restatements of existing professional standards. Other changes will include clarification around the use of the Schedule of Architectural Services (formerly known as the Tariff) and greater detail in the Code standards around supervision of services by architects and use of the architects’ seal. None of the amendments and additions to the profession’s standards are substantive or will change the way architects practice.
Even after the updated Code of Ethics has been published on February 10, further modernization to the document will be taking place over 2023.
Bylaws and Regulatory Documents
The major component of the AIBC’s transition to the PGA has been the development of new bylaws which meet the requirements of the PGA, and several draft suites of bylaws are currently available on the AIBC website for review. I would like to note that the final AIBC Bylaw document is going to look very different than it has in the past. AIBC Bylaws are being compiled into a much more comprehensive, single-source document for the regulation of the architectural profession in B.C., including ‘Schedules’. This will alleviate the need to refer to multiple regulatory documents. Registrants can expect to see the full document on the AIBC website on February 10. The document will continue to be refined as we move through the first stages of implementation.
In general, one of the largest transition activities has been updating the AIBC’s suite of documents and resources. Registrants may notice that they come across older documents that have incorrect references to bylaws and legislation. Not everything will be updated by the day of transition – some AIBC documents, webpages, information, and processes on the website may not yet be reflective of the new legislation. The AIBC will clearly indicate which documents have been updated, and which have not. Over the coming months, the AIBC will continue to update key regulatory documents and the website, and in the meantime, registrants should look to the Professional Governance Act and its Regulations, as well as the new AIBC Bylaw document.
The Definition of Good Standing
Under the Architects Act, being in ‘Good Standing’ simply means the registrant has paid their annual fee on or before February 1. Under the Professional Governance Act, good standing will now include the following: payment of all fees owing to the AIBC by the due date; not being suspended or under a restriction, condition or limitation of practice that removes a registrant from good standing; and compliance with the Continuing Education System by the deadline, and all Certificate of Practice, Professional Liability Insurance and Firm Update requirements. This is consistent with professional regulatory expectations in other professions.
Changes to CES Program
As the AIBC has previously shared, mandatory continuing education programs that support Indigenous reconciliation are required under the PGA. Starting this current 2022–2024 reporting period, CES Participants must meet requirements for learning related to Indigenous history, Truth and Reconciliation and/or engagement – a minimum of two Core Learning Units related to Indigenous Peoples Learning are required each reporting period. More information on this change can be found on the AIBC website.
Resources and Where to Learn More
We are coming to the end of a long road, and while there aren’t many sweeping changes to the regulation of the profession, I encourage all registrants to thoroughly review the many resources available on the AIBC website, including:
- What you need to know before the PGA transition
- Impact on Registrants, the Regulator, and the Public
- Code of Ethics Update
- Update on Reserved Practice
- Changes to the CES Program under the Professional Governance Act
- PGA Webpage
- PGA FAQs
Over the coming weeks and months, the AIBC will continue to update the website with more information regarding the transition.
Registrants are also encouraged to get in touch with the AIBC if they have any questions – either through pga@aibc.ca or the Practice Advice Program (practiceadvice@aibc.ca). There will also be a Town Hall taking place in the coming months, and the Annual Meeting in June, where the PGA transition will be further discussed.
I look forward to seeing you all in the near future, either at the Town Hall or 104th Annual Meeting – or both! Personally, I am excited for this next chapter of the architectural profession in British Columbia, and am delighted to see this much needed modernization. I wish you all the very best as we collectively embark on this new path together, and for an excellent start to the new year.
Sincerely,
Stuart Rothnie Architect AIBC, SAA, OAA, FRAIC, LEED AP