Since 2011, the AIBC has been engaged in a comprehensive bylaw review process to address both substantive bylaw subject matter areas and more routine amendments. The Bylaw Review Committee (BRC), supported by AIBC Council, is now consulting on a suite of bylaws in two subject areas:
- A series of amendments to certain bylaws in the AIBC’s Code of Ethics and Professional Conduct (“Code of Ethics”). This will be the first phase of a multi-stage update to the Code of Ethics, which will span several bylaw initiatives.
- Routine administrative bylaw amendments to several investigation and discipline bylaws, as well as to the honorary membership voting process.
The Code of Ethics and Administrative Bylaws initiative is organized into three categories: Code of Ethics – Part 1; Investigation and Discipline; and Honorary Membership. An overview of each section, including a PDF of the bylaw amendments and supporting rationales, is found below:
1. Code of Ethics – Part One
The BRC is conducting a review of the approximately 115 bylaws and council rulings that make up the AIBC’s Code of Ethics. Given the size of the task, the BRC is recommending a staggered approach to amending the many bylaws and council rulings. This initial set of amendments to the Code of Ethics relates to professional engagement, reporting and disclosure, and architectural competitions. The primary amendments proposed are:
- Professional Engagement (Bylaws 28.0, 28.1 & 28.3)
Bylaws 28.0 and 28.1 establish the requirement for architects to provide services consistent with standard agreements. The BRC recommends that Bylaw 28.0 be amended to include the following three standards currently located in council rulings found in Bylaw 34.10:
- That an executed written contract be in place prior to providing services;
- That the client be notified confirming that professional liability insurance is in place and that the policy is available for review; and
- That the written contract is in compliance with AIBC Bylaws, including the Code of Ethics.
Amendments proposed for Bylaw 28.1 focus on updating and modernizing syntax, as well as removing reference to a specific contract document that has been re-titled. The repeal of Bylaw 28.3 is also recommended, as this bylaw does not establish a professional standard, but rather restates the law of copyright in relation to an architect’s drawings.
- Reporting and Disclosure (Bylaw 32.5)
Substantial amendments are recommended to Bylaw 32.5 which currently requires registrants to report apparent violations of the Architects Act, AIBC Bylaws or Council Rulings. The BRC recommends that the bylaw be amended to include the obligation to self-report in relation to:
- findings or admissions of unprofessional conduct in other jurisdictions;
- being charged under the Criminal Code; and
- defending legal proceedings related to competency and ethics.
- Architectural Competitions (Bylaws 34.11 & 34.12)
Amendments are proposed to replace reference to the RAIC “Canadian Rules” for competitions, which no longer exists, with architectural competition rules or another arrangement approved by council. A more thorough review of the AIBC’s competition bylaws is anticipated to take place in a later stage of the Code of Ethics review.
2. Investigation and Discipline
The BRC is proposing amendments to six bylaws that make-up the suite of investigation and discipline bylaws. The primary changes include:
- clarifying the authority and publication requirements for “costs” of the consensual resolution process;
- confirming the AIBC’s discretion whether to pursue ‘potential complaints’ that may be unfounded; and
- removing the requirement that disciplinary hearings be held only at the AIBC offices.
3. Honorary Membership
The current conferral process for honorary members requires approval by four/fifths majority of members present at the Annual Meeting. The BRC is recommending a process change so that the vote for honorary members can take place electronically, similar to e-votes for council elections.
The consultation period for the Code of Ethics and Administrative Bylaws initiative begins on May 9, 2019, and will run until June 27, 2019. An in-person and online consultation session will be held at the AIBC offices at 100-440 Cambie Street, and online, as follows:
Date: June 11, 2019
Time: 12–1 p.m.
Location: In-person (AIBC Office) and online via WebEx
Learning Units (LUs): 1 Core
RSVP: In-Person* Session | Online Session. Note: registration closes for both sessions on June 10, 2019, at 12 p.m.
*Lunch will be served to those who attend the in-person session from 11:30 a.m.–12 p.m.
A minimum of eight people are required in order for the session to be hosted.
- Read the full background memorandum to council on the proposed bylaw amendments (PDF).
- View the PowerPoint Presentation from the consultation session (available after June 11, 2019).
Members and associates are invited to provide feedback regarding the Code of Ethics and Administrative Bylaws.
Feedback can be submitted to the Bylaw Review Committee by emailing email@example.com. In addition, an online feedback form will be available for members and associates to share their comments. The form will be open from May 9, 2019 until June 27, 2019. Feedback and commentary during the June 11, 2019 consultation session is also conveyed to the BRC and to AIBC Council.
AIBC members and honorary members are entitled and encouraged to vote on proposed new and amended bylaws. The passage of AIBC Bylaws requires at least five per cent of the number of eligible voters and a minimum of two-thirds of affirmative majority of ballots cast by eligible voters.
The member voting period is anticipated to take place in mid-July and August.
Results will be made available after the voting period closes.