Overview
One of the primary sources of practice inquiries and complaints from Architects and Clients are the Professional Standards related to ‘project takeover’. This suite of Professional Standards specifies the requirements a Registrant must follow when taking over a Project for which another Registrant is or has been retained. The PSAG, supported by the AIBC Board, is proposing amendments to these standards to align with modern professional regulation practices. Note that as with many Professional Standards that may apply to non-Architect Registrants, these standards have been updated to refer to “Registrants”.
A summary of the proposed changes, including a PDF document illustrating the proposed amendments and updated commentary, is found below:
- Professional Standard 5.9 (previously Bylaw 34.8)
Professional Standard 5.9 currently mandates that an Architect can only accept a commission for a Project when the services of any Architect previously retained have been terminated. The PSAG is recommending a minor update to this standard to change the terminology from Architect to Registrant.
- Professional Standard 5.10 (previously Bylaw 34.8(a))
This standard currently requires written notification by Architect #2 to Architect #1, upon any approach by, or instructions from, a client on any Project for which Architect #2 “knows or can ascertain by reasonable inquiry that another Architect is or has been engaged by the same client.”The PSAG recommends revising the standard into two parts. The first change is the addition of a written notification requirement to the potential client that if that potential client asks for a proposal for services from Registrant #2, the Registrant must notify Registrant #1.The second change is a modification to the timing when Registrant #2 must provide written notification to Registrant #1. In the current standard, notification is required “on being either approached or instructed to proceed”. The PSAG recommends that the threshold for notification comes later: When (if) a potential client requests a proposal for services.
- Professional Standard 5.11 (previously Bylaw 34.8(b))
Professional Standard 5.11 currently mandates that a successor Architect (Architect #2) taking over a project cannot provide services “which are based upon, and which continue and complete those” services started by Architect #1, unless there is confirmation that the Client has paid for the services of Architect #1.This payment issue often becomes problematic from a regulatory point of view. In many scenarios, the professional standard effectively becomes a “stop work order” while the parties settle their payment dispute.To alleviate this concern, the PSAG recommends removal of the payment requirement. Professional Standards are intended to promote ethical, competent practice and to protect the public interest. However, this standard has been criticized for focusing on protecting Architect #1’s contractual right to be paid, and protection of copyright. The PSAG and staff believe that such protection is better afforded by the Registrant asserting their private law rights of contract, copyright, and lien. Additional information regarding these rights can be found in the commentary. The PSAG recommends that the proposed change is consistent with modern commercial practices and moves the regulator away from the appearance of being a payment enforcer for Registrants.There are currently an additional three requirements that Registrant #2 must comply with before providing services which are based upon those initiated by Registrant #1: (1) that there must have been no supplanting: (2), that resignation/termination took place in accordance with the Client-Architect Contract, and (3) that any new owner of the Project must have acquired Architect #1’s copyright. The PSAG proposes the following:- Retain the requirement that there was no supplanting of the first Registrant;
- Modify the requirement regarding termination of Registrant #1 by requiring that Registrant #2 must receive confirmation of Registrant #1’s termination of services (with a time limit for Registrant #1 to reply); and
- Remove the requirement that any new owner of the project must have acquired Registrant #1’s copyright. Copyright is a legal matter. Registrant #2 must consider copyright as part of their overall due diligence when taking over a commission.
- Professional Standard 2.2 (previously Bylaw 34.7)
Professional Standard 2.2 requires that there be no supplanting or an attempt to supplant another Registrant after they have been retained or steps have been taken toward retention for a Project. The PSAG is only proposing a minor amendment to update the commentary to include a clearer definition of supplanting.
Read the Proposed Amendments to the Project Takeover Professional Standards Chart (PDF)
Consultation Session
A hybrid consultation session (in-person and online) was held virtually and at the AIBC office 100 – 440 Cambie Street on:
Date: Tuesday, December 5, 2023
Time: 12–1:30 p.m.
Location: In-person (AIBC Office)* and Online via Zoom
Learning Units: 1.5 Core
IN-PERSON Attendance Registration: Registration closed on Thursday, November 30, 2023, at 4 p.m.
ONLINE Attendance Registration: Registration closed on Monday, December 4, 2023, at 4 pm.
The presentation was recorded and will be posted on the AIBC website for Professional Standard consultation purposes for up to six months from the date of recording. By signing up for and joining this presentation, you consented to being recorded. Note that only the presenters were visible on screen but audio questions from participants were captured in the recording.
Supporting Documentation
Please note that those who view the recording after the live consultation session can self-report the presentation for Non-core LUs.
- Proposed Amendments to the Project Takeover Professional Standards Chart (PDF)
- View the PowerPoint Presentation from the consultation session (PDF)
- View the recording of the consultation session
Registrant Feedback
Registrants were encouraged to provide feedback by either emailing bylawfeedback@aibc.ca or by responding to an online feedback survey. All feedback received was considered by the PSAG, the AIBC Board and AIBC staff.
Effective Date
Approved by the AIBC Board in April 2024, the Bylaw amendments were submitted to the Office of the Superintendent of Professional Governance for approval and filing with the minister. After review, the Superintendent declared the Bylaw amendments in force, effective May 1, 2024. The updated AIBC Bylaws (PDF) are now available on the AIBC website.