For many years, 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 (the “BRC”) is conducting a review of the approximately 115 bylaws and council rulings that make up the AIBC’s Code of Ethics and Professional Conduct (the “Code of Ethics”). Given the size of the task, the BRC is taking a staggered approach to amending the many bylaws and council rulings. The initial set of amendments to the Code of Ethics related to professional engagement, reporting and disclosure, and architectural competitions, concluded in September 2019.
The BRC, supported by AIBC Council, is now consulting on the second phase of Code of Ethics bylaw amendments. This suite of bylaws is divided into five subject areas. An overview of each section, including a PDF of the bylaw amendments and supporting rationales (PDF), is found below:
Code of Ethics – Part II
The primary amendments proposed are:
- Basic/Partial Services Bylaw (28.1.1)
To address concerns about client lack of understanding in partial service scenarios, the BRC is recommending a new Bylaw 28.1.1. It would establish a straight forward requirement that architects specifically notify clients when partial services are contracted. The proposed bylaw is complementary to the amendments made to Bylaws 28.0 and 28.1 during the first round of Code of Ethics amendments.
The proposed new bylaw requires architects providing partial services to accurately describe the reduced scope of services and to further notify clients specifically which basic services found in AIBC 6C will not be provided. The BRC’s position is that the public, including clients, is best served when clarity of the scope of an architect’s services is mandated.
In addition, Bulletin 90: Minimum Scope of Architectural Services (PDF) is slated for review and revision. Should this proposed bylaw pass registrant vote, the updating of Bulletin 90 will be accelerated.
- Advertising (‘Promotional Activities”) Bylaw (32.2.1)
The BRC recommends the addition of a simple promotions bylaw (32.2.1) that requires registrants to be “accurate, factual and not misleading” in relation to advertising and promotions. This new bylaw will accompany existing bylaw 32.2, which focuses on accurate representation in relation to qualifications and scope of responsibility and credit of work.
- Harassment / Discrimination Bylaw (34.5 and 34.5.1)
In light of the #MeToo movement, the BRC considered whether the current Code of Ethics adequately addresses registrant behaviour with regard to harassment and discrimination. The BRC is recommending amendments to current Bylaw 34.5, as well as the creation of a new Bylaw 34.5.1. The proposed amendments to Bylaw 34.5 would consolidate the first five council rulings under the bylaw, and specifically prohibit harassment, discrimination, and violations of human rights laws.
The new proposed Bylaw 34.5.1 consolidates the remaining three council rulings from Bylaw 34.5 that relate to registrant’s obligations to the AIBC, namely to respond promptly, cooperate with investigations, and promptly advise of changes to contact information.
- Supervision of Intern Architect Bylaw (34.1.1)
To address concerns related to supervision of Intern Architects AIBC, the BRC is recommending the creation of a new Bylaw 34.1.1. The new Bylaw 34.1.1 would require the supervising architect to sign and comply with a basic undertaking established by council. See the draft undertaking (PDF) on page 10.
- Client Confidentiality Bylaw (34.4.1)
The BRC is recommending a new Bylaw 34.4.1 to reinforce the expectation that registrants maintain client confidentiality. This new standard would complement any contractual confidentiality requirements that are enforceable through private litigation.
The proposed bylaw would require registrants to maintain client confidentiality except in circumstances of consent, legal or regulatory requirements, or if imminent public harm is possible.
The consultation period for the Code of Ethics Part II initiative begins on January 27, 2020, and will run until February 28, 2020. A consultation session is scheduled, as follows:
Date: Tuesday, February 11, 2020
Time: 1:30–2:30 p.m.
Location: In-person (AIBC Office, 100-440 Cambie Street) and online via WebEx
Learning Units (LUs): 1 Core
RSVP: In-Person* Session | Online Session. Note: registration closes for both sessions on February 7, 2020, at 5 p.m.
*Refreshments will be served to those who attend the in-person session.
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.
- View the PowerPoint Presentation from the consultation session.
Registrants are invited to provide feedback regarding the Code of Ethics Part II.
Feedback can be submitted to the Bylaw Review Committee by emailing email@example.com. In addition, an online feedback form will be available for registrants to share their comments. The form will be open from January 27 until February 28, 2020. Feedback and commentary during the February 11, 2020 consultation session is also conveyed to the BRC and to AIBC Council.
Architects AIBC 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 March 2020.
Results will be made available after the voting period closes.