AIBC

Architectural Institute of British Columbia

  • Find an Architect,Associate or Firm
  • RegistrantLogin
  • Contact Us
Menu
  • About
    • Organization
    • Regulatory Authority
    • Governance
    • Professional Governance Act Transition
    • Boards & Committees
    • Annual Meeting
    • Initiatives
    • Opportunities
    • Staff
    • Contact Us
    • Close
  • Registration
    • Become an Architect AIBC
    • Architects
    • Intern Architects
    • Architectural Technologists
    • Retired Architects
    • Architectural Firms
    • Temporary Licences
    • Honorary Members
    • Professional Mobility
    • Annual Renewal
    • Close
  • Programs & Services
    • Practice Advice
    • RFPs & Competitions
    • Contracts
    • Post-Disaster Building Assessment
    • AIBC Classifieds
    • Municipal Matrix
    • Close
  • Professional Development
    • Continuing Education System (CES)
    • AIBC Courses & Professional Development
    • Recognized Educational Provider Program
    • Close
  • Protecting the Public
    • AIBC’s Regulatory Role
    • Does Your Project Need An Architect?
    • Complaints
    • Professional Conduct
    • Illegal Practice
    • Close
  • News & Events
    • News
    • Calendar
    • Signature Events & Programs
    • Architectural Walking Tours
    • Media
    • AIBC 100
    • Close
  • Resources
    • AIBC Resources
    • Industry Resources
    • Chapters
    • Affiliates
    • Close
Home / About / Professional Governance Act Transition

Professional Governance Act Transition

 Overview

The Government of British Columbia has announced that the AIBC will be moved from the Ministry of Advanced Education, Skills and Training to the Ministry of the Attorney General, with an eventual transition from the Architects Act to the Professional Governance Act (PGA). The letter from the government, which announces the transition, can be read here.

This transition does not change the AIBC’s core function, mandate, or operations – the AIBC will continue to exist, and will continue to regulate the profession of architecture in British Columbia in the interest of the public. Over the next several years, the AIBC will work with Attorney General and the Office of the Superintendent of Professional Governance (OSPG) as partners in professional regulation to transition Ministries and legislation.

The AIBC has sought to modernize the Architects Act for many years. Although changes to the Architects Act now won’t be made, the PGA contains key items that were being considered as amendments to the Act. The transition to the Professional Governance Act better aligns the profession with current societal and governmental expectations and standards, and will allow the AIBC to more effectively regulate the profession in the public’s interest.

Information, including next steps and updates, will be shared on this webpage. We encourage you to check back frequently – the AIBC is committed to keeping registrants and the public informed at each stage of the transition process.

Current Status

Transitioned Ministries as of November 26

As of November 26, 2020, the AIBC became officially part of the Ministry of Attorney General. This was announced on December 1 in a letter from the Office of the Superintendent of Professional Governance (OSPG). Previously, the AIBC was under the Ministry of Advanced Education, Skills and Training.

It is important to note this part of the transition does not involve any regulatory or operational changes, and has no affect on registrants of the AIBC.

Updates & Next Steps

Submit Comments, Questions and Feedback

If you have any questions about the transition, please email them to pga@aibc.ca. This will allow the AIBC to compile and categorize questions, as well as gain a better understanding of the public’s and registrants’ comments and concerns. Please note submitted questions will remain anonymous.

Your questions will be answered in the Frequently Asked Questions section below.

Questions and Answers

Answers provided by the OSPG are noted at the top of the response.

General

What is the Professional Governance Act, and how did it come into force?

In November 2018, the Government of British Columbia passed the Professional Governance Act. The Act established the Office of the Superintendent of Professional Governance, housed in the Attorney General’s office, and consolidated oversight of five professional regulators in the built environment and natural resource sectors. In addition, the Act codified key elements of professional governance, such as council composition and bylaw creation.

The Professional Governance Act is a result of the Professional Reliance Review (“Review”), which provided 121 recommendations upon reviewing the legislation of five natural resources professions in B.C – engineering and geoscience, forestry, agrology, applied biology, and applied science technology. Spearheaded by the provincial government, the Review was tasked with making recommendations that would “ensure that the highest professional, technical and ethical standards are being applied to resource development in British Columbia”.

The legislation will set consistent governance standards across the professions it governs. More information about the PGA can be found on the Office of the Superintendent of Professional Governance website.

Why is the AIBC being moved under the Professional Governance Act?

The Architects Act is outdated and in need of modernization. The newest professional regulation legislation in British Columbia is the Professional Governance Act, and the government has invested significant resources and effort to create this modern professional governance framework. As outlined in the letter from the government, in recognition of this investment in the PGA, and, more importantly, recognizing that the PGA contains key items that were being considered as amendments to the Architect Act, the AIBC is moving ministries and transitioning to the PGA.

When will this take effect?

It is expected to take several years for all AIBC regulations and documents (such as Bylaws, Council Rules, Bulletins, etc.) to be updated and aligned with the new legislation.

As a first step, the AIBC will be moving ministries in fall 2020.

We have at least a year to prepare for the transition to the PGA, meaning there will be no changes implemented to regulatory documents or for architectural practice until the end of 2021, or early 2022.

Is the Architects Act still in effect?

Yes, for now. Once fully in place, the Professional Governance Act and its associated regulations will replace the Architects Act. Until then, the Architects Act is still in effect.

Is the government taking away self-governance?


The following response was provided by the OSPG.

While the OSPG’s role is to ensure regulatory excellence and accountability to the public, regulatory bodies will continue governing their registrants, ensuring they meet professional standards set by them, and undertake the complaints and discipline process.

The OSPG will not assume any function currently held by the AIBC. The purpose of the PGA and OSPG is to ensure best practices in professional governance, regulatory consistency, oversight across all regulatory bodies, and compliance with the PGA.

The OSPG may intervene where there are systemic concerns but does not investigate individual cases or registrants.

How will the perception that there's a problem – requiring the government to 'step-in' – be managed?


The following response was provided by the OSPG.

The Professional Governance Act is about providing a modern and effective regulatory framework for professionals. It was designed to apply to the initial five regulatory bodies and be expanded to existing or new professions if and when it makes sense. The timing for bringing AIBC under the PGA was right for a number of reasons, but are not related to the government needing to “step-in” in response to a particular incident.

The AIBC has sought to modernize the Architects Act for many years, and the PGA contains key items that were being considered as amendments to the Act. The transition to PGA better aligns the profession with current societal and governmental expectations and standards and will allow the AIBC to more effectively regulate the profession in the public’s interest.

The development of the PGA is not only a result of the Professional Reliance Review but is also influenced by trends in professional regulation generally.

The Architects Act & Section 60

Section 60 of the Architects Act delineates a quantifiable scope wherein the services of an architect are required. This helps to protect the public by establishing the authority of the architect and prevents
the encroachment on the profession by non-regulated individuals. How will the PGA continue to
uphold this scope with the support of provincial legislation?

The following response was provided by the OSPG.

Initial implementation is anticipated to carry over the status quo to the governance framework of the PGA. The current Section 60 of the Architects Act would be carried over through regulations prescribed according to Part 5 of the PGA (Reserved Titles and Reserved Practice).

Currently, there are buildings that require an architect under the Architects Act, and some that do not. Is it expected that this distinction will be examined and updated? Will there be scopes of work under
new legislation for the registrants currently in the associates class?

The following response was provided by the OSPG.

OSPG and AIBC have begun discussing the issue related to Section 60 and OSPG is committed to working with AIBC to bring about practical changes where appropriate. This could include reconciling the requirements in the BC Building Code for architectural services.

The timing for completion of this work is not yet known and while some aspects might coincide with bringing the AIBC under the PGA others may take longer.

Firms

Architects work in different contexts: architectural firms, engineering firms and public service at many levels. Will PGA governance reflect these differences?

The following response was provided by the OSPG.

Generally speaking, the employment context does not vary the requirements set in the PGA and in regulatory body bylaws for individual registrants.

When a regulatory body regulates firms, the firms become registrants of the regulatory body and like individual registrants, must comply with any requirements for registrants that are set in the PGA, subsequent regulations and the bylaws of the regulatory body.

A regulatory body’s bylaws may differentiate firms that are government entities, sole proprietors and other types of firms. The approach to regulating multi-disciplinary firms is still being determined.

The AIBC already regulates firms, but does not have any guidelines or practice standards specific to firms, nor firm-specific CES requirements. Can we expect to see the introduction of mandatory requirements, such as courses, examinations, Quality Management programs? Is there an expectation to create ‘firms guidelines’ that define a standard of practice specific to firms?

The following response was provided by the OSPG.

OSPG will be working with AIBC to understand its current approach to regulating firms and discuss whether and how firm regulation might look differently under the PGA.

An appropriate timeline for the integration of AIBC’s program to the requirements of the PGA will be set and will involve development of some guidelines specific to the firms regulated by AIBC.

Typically, regulated professional firms should adhere to the same core principles as individual professionals: Quality Management, Code of Ethics, and Continuing Professional Education as laid out in a Professional Practice Management Plan for each firm. Firms need to maintain competency in the profession and specific fields they offer services in and will have to support their professional employees in meeting their continuing education requirements.

It is common for firms to work with their employees to ensure continuing education requirements are met, and the firm regulation provisions support that work.

OSPG is working with Engineers and Geoscientists BC on details of engineering firm regulation and intends to authorize EGBC to regulate firms by July 2021. Lessons learned from EGBC’s implementation of firm regulation could inform other regulatory bodies’ approaches. In EGBC’s model, the firm itself will send a representative to initial training on how to meet the regulation of firm requirements, and any periodic subsequent training offered by EGBC.

Relationship with Government

Will AIBC have representation on the OSPG Council?

The following response was provided by the OSPG.

OSPG works collaboratively with all the regulatory bodies on implementation of the PGA. The AIBC has already begun joining monthly meetings with OSPG and the regulatory bodies on the implementation and operation of the PGA.

The AIBC will also be represented on the Professional Governance Advisory Committee, a statutory committee under the PGA chaired by the Superintendent. This Committee is comprised of representatives from each of the regulatory bodies as well senior employees from relevant ministries within Government. The Committee provides an avenue for communication between the regulatory bodies under the PGA and ministries in their capacity as both an employer of professionals and administrator of relevant enactments. The Committee also serves to enhance awareness of the work being done within each of the regulatory bodies and ministries.

Will the PGA have a stronger mandate/ability to enforce and regulate more of the grey areas of building projects in the province, such as un-incorporated areas outside of an Authority Having Jurisdictions
(ski-resorts, non-municipal areas, or oil and gas mining camps) for building practices that are often able to find ways around building regulations?

The following response was provided by the OSPG.

The Professional Governance Advisory Committee established under the PGA provides a venue for regulatory bodies, ministries and OSPG to discuss regulatory and policy matters that impact the professions.

The AIBC may wish to raise these grey areas of building projects with the Committee, or directly with the relevant government authorities.

Once the PGA is in force and AIBC is designated, the OSPG will be in a better position to gather facts and determine what role (if any) the office would have in addressing the matters raised in this question.

AIBC Council

Under the heading of transparency, there does not appear to be an opportunity to go 'In Camera' for issues of personnel or staff salaries, for example. Is confidentiality of some aspects of Council and/or committee meetings possible?

The following response was provided by the OSPG.

Yes. A council through its bylaws can outline when it is appropriate to go “in camera” to discuss matters such as personnel matters. In conducting its work, the AIBC and its council or committees are required to keep information confidential.

Section 35(2) of the PGA enables council to make bylaws governing the conduct of the affairs of the council, including the conduct of council meetings and proceedings before the council.

While council meetings should be open to the public, not everything can be shared with the public. Bylaws are expected to detail who is able to attend the meetings and under what circumstances meetings may be held in camera.

In the event council meetings are held in camera, meeting minutes should detail the reason for this.

Stakeholder Engagement & External Organizations

What kind of stakeholder engagement will the OSPG do, and what are the expectations of the AIBC?

The following response was provided by the OSPG.

The AIBC will continue to engage and communicate with its registrants about implementation of the PGA including, for example, changes to its bylaws. The OSPG will work with the AIBC to identify areas where OSPG support is critical to AIBC’s engagement with registrants.

Although somewhat curtailed by the pandemic, OSPG will continue to engage registrants through townhalls, AGMs and other events. The AIBC can also send any questions put forth by their registrants to OSPG for response. Suggestions are welcome.

Registrants are encouraged to frequently review the OSPG and AIBC websites, which are updated on a regular basis.

Is there overlap between AIBC and Applied Science Technologists and Technicians of BC?
Will they be combined?

The following response was provided by the OSPG.

It is possible that overlaps between the work of AIBC and ASTTBC registrants will be identified in the course of bringing the AIBC under the PGA.

In that case, the PGA provides various tools to address overlapping areas of regulated and/or reserved practice between two or more regulatory bodies.

Advocacy 

Do you see a situation where the OSPG will directly intervene in advocacy initiatives?

The following response was provided by the OSPG.

OSPG has been working on guidance to help the AIBC and other regulatory bodies to decide where to draw the line with respect to advocacy initiatives. It is expected that regulatory bodies will use this guidance to determine and document whether the activity they are undertaking or propose to take is appropriate.

OSPG will be monitoring regulatory bodies through audits and other means and will work with regulatory bodies as needed to ensure activities are appropriate.

Section 22(3) of the PGA stipulates that a regulatory body may only act in an advocacy role in accordance with this Act and in accordance with rules, conditions or limits prescribed by the Lieutenant Governor in Council.

Resources

      • Letter from the Government of B.C. Announcing Transition (July 2020)
      • Ministry Transition Letter from Provincial Government (December 2020)
      • OSPG Virtual Town Hall Presentation  (Hosted on September 17, 2020)
      • Office of the Superintendent of Professional Governance website
      • Bill 49 – 2018: Professional Governance Act (Full Act)
      • Professional Governance Act (Items in Force)
      • Factsheet: Professional Governance Act Overview
      • Implementing the PGA Timeline
      • Professional Reliance Review
      • ABCFP Forestry Conference – Q&A with Paul Craven, Superintendent of Professional Governance

AIBC Contact

If you have any questions about the legislation and ministry transition, please email pga@aibc.ca.

  • About
    • Organization
      • Registration Types
    • Regulatory Authority
      • Architects Act
      • Bylaws
      • Codes
      • Council Rules & Rulings
      • Council Policy & Protocols
      • Bulletins
    • Governance
      • Council
      • Council Meetings Schedule, Agendas & Minutes
      • Council Committees, Task Forces & Working Groups
      • Council Election
        • Nomination Process
        • Nominees
      • Council Liaisons
      • Strategic Plan
    • Professional Governance Act Transition
    • Boards & Committees
    • Annual Meeting
      • Past Annual Meetings
    • Initiatives
      • Act Review
      • Bylaw Review
        • Code of Ethics Part II
      • Proposed Council Rules & Rulings
      • Past Initiatives
        • Act Renewal Archive: Consensual Resolution
        • Bylaw Review Archive
        • Associates Status Disclosure
    • Opportunities
      • Career Opportunities
      • Volunteer Opportunities
      • Volunteer Profiles
      • Sponsors & Exhibitors
    • Staff
    • Contact Us

Main Pages

  • Home
  • About
  • Registration
  • Programs & Services
  • Professional Development
  • Protecting the Public
  • News & Events
  • Resources

Contact Us

Architectural Institute of B.C.
100 – 440 Cambie Street
Vancouver, British Columbia
Canada V6B 2N5
Tel: 604.683.8588 or toll free in BC 1.800.667.0753
Fax: 604.683.8568 or toll free in BC 1.800.661.2955
Email: reception@aibc.ca

Follow us

Quick Links

  • Sitemap
  • Privacy Policy
  • Terms and Conditions
  • Contact Us

Copyright © 2021 AIBC