Prior to the AIBC’s transition to the Professional Governance Act (“PGA”), the Bylaw Review Committee (now Professional Standards Advisory Group) had been engaged in a comprehensive review of both the AIBC Bylaws and the Code of Ethics and Professional Conduct. With the PGA transition completed and new bylaws in place, the Professional Standards Advisory Group (“PSAG”), has continued its review of the Professional Standards that make up the AIBC’s new Schedule A: Code of Ethics and Professional Conduct (“Code of Ethics”).
The PSAG is now consulting on proposed amendments to the Project Takeover Professional Standards. Registrants are reminded that under the PGA, the Board is authorized to amend the AIBC Bylaws and the Code of Ethics, with final approval required from the Superintendent of Professional Governance. Registrants are encouraged to actively participate in modernization of Professional Standards by reviewing material and submitting feedback.
Project Takeover Overview
One of the primary sources of practice inquiries and complaints from Architects and Clients are the Professional Standards related to ‘project takeover’. This suite of Professional Standards specifies the requirements a Registrant must follow when taking over a Project for which another Registrant is or has been retained. The PSAG, supported by the AIBC Board, is proposing amendments to simplify and modernize these standards to better reflect the public interest.
A summary of the more significant changes is below (note that the changes include using Registrant in place of Architect):
- Professional Standard 5.10 (previously Bylaw 34.8(a)): This standard currently requires written notification by the successor Architect (Architect #2) to the predecessor Architect (Architect #1), upon any approach by, or instructions from, a client on any Project for which Architect #2 “knows or can ascertain by reasonable inquiry that another Architect is or has been engaged by the same client.” The PSAG recommends written notification requirement to the potential client that if that potential client asks for a proposal for services from Registrant #2, the Registrant must notify the existing Registrant.
- Professional Standard 5.11 (previously Bylaw 34.8(b)): This standard currently mandates that a successor Architect (Architect #2) taking over a project cannot provide services “which are based upon, and which continue and complete those” services started by Architect #1, unless there is confirmation that the Client has paid for the services of Architect #1. The PSAG recommends removal of the payment requirement in favour of the Registrant asserting their private law rights of contract, copyright, and lien, as in other professions.
While the recommendations simplify the Professional Standards, they still require diligence to ensure compliance. An overview of all of the proposed changes, including a PDF of the Professional Standard amendments, can be found on the AIBC website.
View all Proposed Amendments to the Project Takeover Professional Standards
Consultation Session
A hybrid consultation session (in-person and online) will be held virtually and at the AIBC offices on:
Date: Tuesday, December 5, 2023
Time: 12–1:30 p.m.
Location: In-person (AIBC Office) and Online via Zoom
Learning Units: 1.5 Core
IN-PERSON Registration: Register by November 30, 2023, at 4 p.m.
ONLINE Registration: Register by December 4, 2023, at 4 pm.
The presentation will be recorded and will be posted on the AIBC website for Professional Standard consultation purposes for up to six months from the date of recording. By signing up for and joining this presentation you consent to being recorded. Note that only the presenters are visible on screen but audio questions from participants may be captured in the recording.
Registrant Feedback – Complete the Online Feedback Form
The AIBC Board invites and encourages your participation in the proposed amendments to the Project Takeover Professional Standards consultation process.
Feedback can be submitted to the PSAG by emailing bylawfeedback@aibc.ca. In addition, an online feedback form is available for Registrants to share their comments.
Learn more about the proposed amendments to the Project Takeover Professional Standards