A major component of the AIBC’s transition to the Professional Governance Act (PGA) was the development of new bylaws which met the requirements of the PGA. The suite of draft bylaws addressing complaints, investigation, and discipline were made available in January 2023. These bylaws were developed by AIBC staff with review and feedback from the Office of the Superintendent of Professional Governance.
Complaints, Investigation and Discipline Bylaw Overview
Overall, the Complaints, Investigation and Discipline Bylaws (PDF) provide a more modern approach to handling complaint, investigation and discipline matters of AIBC registrants, and allows for more efficiency, expediency and flexibility. Of note, the investigation and discipline processes are significantly different from the current processes under the Architects Act. A summary of the more noteworthy changes can be found below. For all details, please see the draft Complaints, Investigation and Discipline Bylaws (PDF).
- Individual Investigators
One of the most significant changes is that investigations will be conducted by an individual investigator from the Investigation Committee. Currently, under the Architects Act, the Investigations Committee, as a whole, conducts the investigation. Under the new process, an investigator will be assigned a complaint file and carry out the investigation in line with the principles and procedures laid out in the PGA and the bylaws. At the conclusion of the investigation the investigator will prepare a report for the Investigation Committee who will determine the outcome of the complaint investigation.
- Extraordinary Action to Protect the Public
This is a new process, which allows the Institute to take immediate action to protect the public when information is received that there is an imminent risk to public safety resulting from the actions of a registrant. If an order is issued under this process, limits or conditions may be imposed on a registrant’s practice or a registrant’s registration may be suspended.
- Discipline Committee
The Discipline Committee is a new committee for the AIBC which has the primary task of conducting discipline hearings. The committee will be comprised of registrant volunteers as well as public (lay) members from which a discipline panel of three members will be selected to preside over discipline hearings. Under the Architects Act, the discipline panel was selected from members of Council.
- Discipline Outcomes
More complaint resolution options will be available to resolve discipline matters. Under the PGA, the discipline options include:- Reprimand and Remedial Action by Consent: A resolution through a written undertaking by a registrant to not repeat the conduct at issue, take educational courses, or consent to a reprimand.
- Alternative Complaint Resolution: A remedial process to address conduct issues that are connected to physical, emotional, social or occupational conditions that would be better resolved through a process intended to reduce the likelihood the registrant’s conduct will escalate or reoccur or to otherwise protect the public. This resolution is similar to the current remedial recommendation process.
- Consent Order: This resolution is in keeping with the current consensual resolution process which results in a written agreement between the registrant and the AIBC that sets out the facts of the case and includes an admission by the registrant and an appropriate penalty.
- Discipline Hearing: A formal hearing before a Discipline Hearing Panel regarding charges that have been recommended against the registrant.
- Public Representation
Under the PGA, the Investigation Committee and Discipline Committee are required to have at least one public (lay) member present at all meetings. The AIBC is currently recruiting for these positions.
- Investigation and Discipline of Former Registrants
The PGA provides the ability to investigate and discipline former registrants during the time period for which they were registered. This means that registrants who resign before or during the complaint, investigation, or discipline process will remain subject to the jurisdiction of the AIBC.
Read the full Draft Complaints, Investigation, and Discipline Bylaws (PDF)
Supporting Documentation
- Draft Complaints, Investigation, and Discipline Bylaws (PDF)
- Draft Schedules
Please note that when the above resources were published, they were still in development and subject to change; the X was included in the title as the number had not yet been finalized.
Consultation
Architects and other registrants were invited to review and provide feedback on the draft Complaints, Investigation, and Discipline bylaws by emailing pga@aibc.ca. The AIBC encouraged active participation in the consultation process – in the past, bylaw suites have often been amended based on thoughtful and insightful comments from registrants.