Illegal Practice Frequently Asked Questions

The Architects Regulation is provincial enactment specific to the architectural profession that:

1. defines the practice of architecture,
2. identifies which type of buildings in British Columbia require the services of an Architect
3. sets out what is the “Reserved Practice” of architecture which can only be performed by Architects, and
4. identifies “reserved titles” that can only be used by persons registered with the AIBC.

“Reserved Practice” of architecture means that services for certain building projects must be carried out by a registered Architect, practising through an architectural Firm holding a Certificate of Practice issued by the AIBC.

To help the public understand the Reserved Practice of architecture in British Columbia, including when an Architect is required on a project, descriptive material in the form of a guide is available: “Architects Regulation: Reserved Practice of Architecture”.

A reserved title means that only registrants of a regulatory body can use specific titles.

Under the Architects Regulation, you must be registered as an AIBC Registrant to use the title “Architect”, “Intern Architect” or “Architectural Technologist”.

Further information about “reserved title”, can be found in sections 51 – 53 of the Professional Governance Act, section 4 of the Architects Regulation, and the Regulatory Guidance | Right to Title document.

Illegal Practice occurs when a building project, requiring the services of a registered Architect, practising through an architectural Firm holding a Certificate of Practice issued by the AIBC, is proceeding without an Architect being retained.

Further information about which buildings require the services of an Architect is available in the AIBC’s descriptive material: “Architects Regulation: Reserved Practice of Architecture”. Additional information can also be found on the AIBC’s Illegal Practice webpage.

• An individual who is not a registered Architect with the AIBC prepares and submits drawings to a municipality for a development permit application. The drawings are for a 5-unit townhouse building project which requires an Architect under the Architects Regulation.
• An individual who is not a registered Architect with the AIBC carries out renovations or repairs to a building that are related to any of the following:
  • change to the building’s major occupancy;
  • change to the building’s structural integrity;
  • alteration or penetration of a building’s fire separations;
  • alteration or penetration of a building’s enclosure;
  • alteration of a building’s exiting;
  • change to the building’s energy utilization; or
  • change to access to the building for persons with disabilities.

Contact an AIBC practice advisor at practiceadvice@aibc.ca to determine whether your project requires the services of an Architect.

Pursuant to section 5(3) of the Architects Regulation, minor alterations to existing buildings may be completed without an Architect. However, an Architect is required to carry out renovations or repairs when the work involves one or more of the following:

a) change to the building’s major occupancy;

b) change to the building’s structural integrity;

c) alteration or penetration of a building’s fire separations;

d) alteration or penetration of a building’s enclosure;

e) alteration of a building’s exiting;

f) change to the building’s energy utilization; or

g) change to access to the building for persons with disabilities.

• Additional guidance is provided in the Architects Regulation: Reserved Practice of Architecture.
• Contact an AIBC practice advisor at practiceadvice@aibc.ca to determine whether your project requires the services of an Architect.

The types of buildings that require an Architect are identified in section 5(2) of the Architects Regulation.

• Further information about which buildings requiring the services of an Architect is available at “and there is a convenient chart at Appendix A, pages 9 – 18.
• Refer to the AIBC webpage Does Your Project Need an Architect?
• You may also e-mail an AIBC practice advisor at practiceadvice@aibc.ca or contact an illegal practice officer at illegalpractice@aibc.ca to enquire whether an Architect is required on a project.

To determine if an individual or business is registered as an Architect or architectural Firm and has a Certificate of Practice to provide architectural services, please check the AIBC Register.

The Architects Regulation applies to everyone in BC, including local municipalities or authorities having jurisdiction, and section 5(2) of the Architects Regulation states which buildings (by law) require the services of an Architect.

• Further information about which buildings requiring the services of an Architect is available at “Architects Regulation: Reserved Practice of Architecture”, and there is a convenient chart at Appendix A, pages 9 –18.

Yes, but only on those buildings set out in Schedule 1 of the Architects Regulation.

You may contact an AIBC practice advisor at practiceadvice@aibc.ca.

Alternatively, you may contact the AIBC’s Illegal Practice department:

• by email at IllegalPractice@aibc.ca, or
• by telephone at 604.305.2697

Misrepresentation (a subset of “Illegal Practice”) occurs when a person or business not registered with the AIBC uses a reserved title (Architect, Intern Architect or Architectural Technologist) or when a non-Architect uses any derivative form of the word “architect” when describing (offering or advertising) themselves or their services in any manner that expresses or implies that the person is registered with the AIBC and authorized to practice architecture or use a reserved title.

Examples of misrepresentation include using titles such as “architectural designer” or “interior architect” or offering/advertising services such as “architectural designs” or “architectural drawings”.

• Further information on how individuals who are not registered with the AIBC should display their credentials to avoid confusion to the public and AIBC’s expectations on offers of service is available in the Regulatory Guidance | Right to Title document.
• Additional information can also be found on the AIBC’s Illegal Practice webpage.

• A person uses the title “Architectural Designer” on their social media profile and states that they are able to provide architectural design services and prepare architectural drawings.
• A person who is located in and/or is representing the ability to practise in British Columbia and is registered as an architect in another jurisdiction (i.e., France) uses the title “Architect”, without identifying the specific jurisdiction, on their social media profile.
• A company website included a photograph of the exterior of a building (which based on its size and description requires an Architect under the Architects Regulation) without proper attribution (credit) to the Architect or architectural Firm involved.

Further information on how individuals not registered with the AIBC should display their credentials is available in the Regulatory Guidance | Right to Title document. Additional information can also be found on the AIBC’s Illegal Practice webpage.

When promoting work on your website (through photographs, drawings, or sketches) that you carried out on projects that require the services of an Architect, to avoid misrepresentation or public confusion, you should include the name of the Architect or architectural Firm next to the image and specify the work that you carried out.

For example, it may not be appropriate to simply show a building’s external view when the services you provided were solely interior design.  Make sure that the written description clearly and accurately identifies the nature of your work and your level of responsibility.

Below is an example of what should be specified:

Project:      (Name of project)
Architect:   (Name of Architect or architectural Firm)

A description of the work you carried out on the project.

• For further information or direction, contact an AIBC practice advisor at practiceadvice@aibc.ca.
• Alternatively, you may contact the AIBC’s Illegal Practice department:
  • by email at IllegalPractice@aibc.ca, or
  • by telephone at 604.305.2697.

No. If you are not an Architect practising through a Certificate of Practice issued by the AIBC, you cannot prepare conceptual architectural plan drawings for a building that requires an Architect by law. If the building requires an Architect, an Architect must be used at all stages. Conceptual plans are considered part of the design and planning of a building. You can, of course, provide services on a building requiring an Architect as long as the services are performed under the direct supervision of an Architect.

• For further information or direction, contact an AIBC practice advisor at practiceadvice@aibc.ca.

No. Only architectural Firms registered with the AIBC and holding a Certificate of Practice can provide, advertise, or promote architectural services.

You may display your credentials as follows:

• Holder of a Diploma (or Degree) in Architecture and/or use of the corresponding initials (if such is the case), such as B. Arch or M. Arch
• Architectural Graduate (if such is the case)

Additional information and examples of how individuals who are not AIBC Registrants should display their credentials is found in section 2.2 of the AIBC Regulatory Guidance | Right to Title.

The following titles would not be acceptable:

• • Architect-in-Training or Graduate Architect
  • Architectural Designer or Architectural Draftsman
  • Architectural Technologist or Intern Architect, unless so registered with the AIBC

• Additional information and examples are found in section 2.1 of the AIBC Regulatory Guidance | Right to Title document.

Yes, but only if the jurisdiction in which you are registered to practise is clearly and conspicuously noted when displaying your credentials, and the title is used in accordance with the requirements specified by the regulatory body of that jurisdiction.

• Example: Morgan Lee, Architect (United Kingdom)

(Format: First Name Last Name Designation (Location)

• Additional information about the use of acceptable titles for Architects from other jurisdictions is found in AIBC Regulatory Guidance | Right to Title document.

If you have resigned your registration as an Architect, you can identify yourself as a “retired architect”.

Alternatively, you are permitted to use the designation “Retired Architect” or “Retired Architect AIBC” if you are registered with the AIBC in that category.

It is important to note that former Architects may not:

• use the title Architect AIBC following their name
• provide any services for buildings requiring the services of an Architect.

Information about the use of acceptable titles for former Architects is found in AIBC Bylaw 4.95 and section 4.5 of AIBC Regulatory Guidance | Right to Title document.

Additional information about how to become registered with the AIBC as a Retired Architect or Retired Architect AIBC can be found on the AIBC website: ca/registration/retired-architects/.

Anyone can report a concern if they believe that an individual or business has contravened the Professional Governance Act or the Architects Regulation. The AIBC routinely receives complaints from members of the public, building officials, clients and AIBC Registrants.

As an AIBC Registrant, the obligation to report instances of illegal practice is a professional expectation pursuant to Professional Standard 10.8 of Schedule A: Code of Ethics and Professional Conduct of the AIBC Bylaws.

• Further information about submitting an illegal practice complaint is found on the AIBC website: ca/protecting-the-public/illegal-practice/.

Yes. Contact the AIBC’s Illegal Practice department by:

• email at IllegalPractice@aibc.ca or
• calling 604.305.2697.

First, verify that the person or business you are making a complaint about is not an AIBC Registrant.  This can be done by searching the AIBC Register.

If the person or the business is not listed, please submit your inquiry or complaint in writing by email or mail to the AIBC’s Illegal Practice department:

Email: IllegalPractice@aibc.ca

Mail: Architectural Institute of British Columbia
Illegal Practice Department
100 – 440 Cambie Street
Vancouver, B.C. V6B 2N5

Phone: 604.305.2697

Include any supporting documentation that you have and provide as much information as possible about the alleged illegal practice or misrepresentation.

If you need assistance, including language proficiency or any other capacity issues, with submitting an inquiry or complaint, or determining whether an individual or company is registered with the AIBC, please contact the AIBC’s Illegal Practice Officer by phone at 604.305.2697 or by email at IllegalPractice@aibc.ca.

If the person or the business is listed in the AIBC Register as an AIBC Registrant, your concerns will proceed through the professional conduct process. Further information about making a professional conduct complaint against an AIBC Registrant is aibc.ca/protecting-the-public/professional-conduct/.

You may, but since further information may be required to properly carry out the investigation, it is preferred that you provide your contact information.

You will not be identified during an illegal practice investigation, although the AIBC may need to disclose your name if required by law. As a public body under the provisions of the Freedom of Information and Protection of Privacy Act, the AIBC provides security and confidentiality of a complainant’s personal information.

No. A complaint cannot be withdrawn after it is submitted.  The AIBC retains the right to continue and complete an investigation even if a complainant wishes to “withdraw” it, as it is our mandate to protect the public and regulate the competent and ethical practice of architecture in BC.

The AIBC strives to conduct investigations and reach resolutions in a timely manner, but there is no timeline set by legislation or bylaw.

Once an investigation has commenced the timeline depends on the complexity of the complaint, third-party co-operation, and the AIBC’s Illegal Practice department’s workload and available resources.

Receipt of your complaint will be acknowledged and following that you will be contacted if further information is required from you. However, due to the high volume of illegal practice inquiries the AIBC receives, we are unable to provide complainants with status updates.

• Resolutions of illegal practice investigations that have been substantiated are available on the AIBC website.

The AIBC treats in confidence all reports of alleged illegal practice and misrepresentation infractions and commits to protecting the confidentiality of any information that individuals provide concerning a reported infraction.

You will be provided with a summary of the complaint. However, the name of the complainant is not typically disclosed, and information is released in accordance with the provision of the Freedom of Information and Protection of Privacy Act.

Although you are not required to do so, you are entitled to seek legal advice, at your own expense, at any time during the process.

AIBC staff reviews the concerns identified in the complaint and if necessary, makes information requests to relevant parties, and consults with the AIBC Practice Advice department.

Based on the findings, a determination is made whether there is evidence to demonstrate that a contravention of the Architects Regulation has occurred.

Possible outcomes include:

• No action is taken. This happens when there is insufficient evidence to support a contravention of the Architects Regulation, or the concern does not relate to the practice of architecture (i.e. falls outside the AIBC’s jurisdiction).
• Corrective action through early resolution. If the concern relates to a first-time contravention with minimal instances of misrepresentation that can be resolved quickly by taking corrective action, the matter is resolved via an “early resolution” email or letter.
• Undertaking and covenant agreement (Undertaking). In more serious cases of misrepresentation or illegal practice, the individual or business will be asked to sign an Undertaking, which includes acknowledgment of breaching the Professional Governance Act and Architects Regulation and a commitment to compliance in the future.
• Corrective action and Undertaking. If the concerns or the investigation identify serious misrepresentations, or that the illegal practice of architecture has occurred, and extensive follow-up is required to ensure corrective action is achieved, an Undertaking is also required.
• Issuance of a fine. In more serious cases, and/or for repeat offenders, the Professional Governance Act provides the AIBC with authority to issue a fine if there is a contravention of Reserved Practice or the use of reserved titles.
• Legal action. If the offender does not take the necessary corrective action to address the AIBC’s concerns, the AIBC may initiate legal proceedings, as permitted by the Professional Governance Act.  In most cases, the AIBC will resolve investigations without the need for legal action if the individual or business of concern complies with the legislation.
• Submit a professional conduct complaint with the appropriate regulatory body. If a registrant of another regulatory body under the Professional Governance Act has engaged or is believed to have engaged in the illegal practice of architecture, the AIBC may file a complaint with that registrant’s regulatory body for professional misconduct.

Yes. As a matter of public interest and protection, the AIBC publishes resolutions of all substantiated illegal practice complaints on the AIBC’s Illegal Practice webpage.

• Statistics for past illegal practice resolutions is available on the AIBC website.