The AIBC had been seeking legislative amendments to authorize consensual resolution since the autumn of 2009, when a B.C. Court of Appeal decision involving the Association of Professional Engineers and Geoscientists of B.C. (APEGBC) led AIBC Council to put the institute’s successful consensual resolution process on hold pending statutory reform. As a result, charges of unprofessional conduct were heard at formal disciplinary inquiries, the only statutory mechanism available at the time.
Prior to the 2009 court decision, the AIBC had resolved most disciplinary allegations against architects and other registrants through a consensual resolution process established by AIBC Council Rules in 2001. After the APEGBC court case, the AIBC sought amendments to the Architects Act to specifically provide for alternative resolution of disciplinary matters.
On March 29, 2012, the provincial government enacted into law Bill 18 – the Advanced Education Statutes Amendment Act 2011. This bill amended the Architects Act to allow for a consensual resolution process for disciplinary matters related to members, associates, architectural firms and licensees.
The amendments required that bylaws establish the actual practices and procedures for the consensual resolution process be passed by AIBC members. The AIBC’s Bylaw Review Committee, with AIBC Council consultation and input, developed new bylaws to revive consensual resolution.
Consensual Resolution Consultation Session
Date: Thursday, January 31, 2013
Time: 3:30 – 5 p.m.
Location: AIBC offices
– Overview of consensual resolution as an alternative disciplinary process
– Architects Act provisions on consensual resolution
– Overview of proposed bylaws and the process for bringing them into force
– Open forum and Q & A on bylaws and process
Consensual Resolution Special Public Meeting of Council
Date: Tuesday, February 12, 2013
Time: 11 a.m.
Location: AIBC offices
Primary purpose of this meeting is for council members to vote on proposed new bylaws regarding consensual resolution bylaws. Interested members of the institute and the public are invited to attend. If approved, the draft bylaws will be advanced to members for a vote requiring a two/thirds majority for adoption.
Members were encouraged to review the summary document which provided background on consensual resolution and the proposed bylaws, and to pass along feedback and comments.
Member Vote & Results
Consensual Resolution Amendments Set for Vote
An information package was mailed to members and honorary members, with ballots to be physically received at the AIBC offices before 4:30 p.m. on Friday, May 3, 2013, in accordance with the instructions provided.
The information package contained a cover letter from AIBC President David Yustin, background information on consensual resolution, proposed consensual resolution bylaws 36.0 through 36.22, and mail ballots.
Members Approve Consensual Resolution Bylaw Amendments
The AIBC’s proposed consensual resolution bylaws received strong approval from the institute’s voting members. The voting results, tabulated on May 7, showed a 96% approval rate from the nearly 400 members and honorary members who cast ballots.
In keeping with the requirements of the Architects Act (Section 25), the institute notified the Minister of Advanced Education, Innovation and Technology of the bylaws’ passage and after the passing of the 45-day statutory disallowance period, members were notified of final bylaw status.
Consensual Resolution In Place
The bylaws establishing the AIBC’s process for alternative resolution of disciplinary matters continue to be in effect. AIBC Council established a terms of reference for the new Consensual Resolution Review Panel, appointed panel members, and published a revision to the AIBC’s bylaws. Once approved by the panel, consensual resolution agreements are published on the AIBC’s web site.