Professional Conduct

Every complaint is reviewed to ensure it meets the basic requirements and falls within the AIBC’s jurisdiction. The AIBC may ask that the complainant (the person making the complaint) provide further information, including supporting documents. Once the complaint is complete, a copy is sent to the registrant (the respondent), who is asked to respond in writing. When the response is received, a copy is usually provided to the complainant for their review and further comment. The materials are then provided to the Investigations Committee for investigation.

The AIBC strives to ensure that both the complainant and respondents are treated with respect and fairness throughout the process. The AIBC’s professional conduct process is designed to facilitate a full and impartial review, and to incorporate the principles of natural justice and procedural fairness.

After the AIBC has received the complainant’s and respondent’s responses, the complaint is typically referred to the AIBC’s Investigations Committee, comprised of volunteer Architects AIBC (although the committee may include a public member and one retired member). AIBC staff, including legal and paralegal staff, support the Investigations Committee in its work.

The Investigations Committee’s role is to determine whether a matter should proceed to the disciplinary stage.

The Investigations Committee gathers documentation, conducts interviews when appropriate, and reviews all the information before it. While the AIBC makes every effort to resolve complaints promptly, the Investigations Committee is composed of volunteers and meets once per month, therefore the investigation process can take several months to complete, depending on the complexity of the complaint and the Committee’s current workload. The complainant and respondent are updated regularly of the status of the investigation.

Upon concluding its investigation, if the Investigations Committee determines that there is insufficient evidence of competence or conduct concerns to warrant a disciplinary inquiry, the matter is discontinued – sometimes with observations or “practice” advice. Where the Investigations Committee determines that there are sufficient grounds to warrant charges, it will make a recommendation to AIBC Council, which can direct that a disciplinary inquiry be scheduled. In either instance, the complainant and the respondent are notified of the outcome of the investigation.

It is important to note that the Investigations Committee does not make a finding of whether a registrant is guilty of unprofessional conduct or incompetence. Rather, the Investigations Committee performs a screening function by gathering relevant information and either dismissing the complaint or recommending that a disciplinary inquiry is warranted.

There is no appeal of the Investigations Committee’s decision under the AIBC’s Bylaws, although their decisions may be subject to judicial review within the court system.

Where the Investigations Committee concludes that there are sufficient grounds to recommend to AIBC Council that charges should be made against the respondent, it will identify the appropriate sections of the Architects Act, AIBC Bylaws and council rulings that may have been breached. At this stage, three resolution options are available, depending on the nature of the file.

If the Investigations Committee decides that the matter merits consideration at a disciplinary inquiry, the respondent has the option of proceeding directly to an inquiry or beginning a process of consensual resolution with the AIBC.

3.1 Disciplinary Inquiry
A disciplinary inquiry is a formal hearing by a Disciplinary Committee into the charges that have been recommended against the respondent. A Disciplinary Committee is comprised of three or more members of the AIBC Council. A Disciplinary Committee is separate from the Investigations Committee. At an inquiry, the AIBC and the respondent may present evidence, call and cross-examine witnesses, and make arguments about the case. The parties may be represented by legal counsel at their own expense. Note that the complainant is not a party in a disciplinary inquiry. However, the complainant may be called as a witness, and is entitled, by law, to notice of the disciplinary inquiry. Disciplinary inquiries are open to the public

At the end of the inquiry, the Disciplinary Committee makes a decision as to whether the allegations of unprofessional conduct have been proven or should be dismissed, and issues written reasons for its decision. If a finding of unprofessional conduct has been made, the Disciplinary Committee also separately decides upon an appropriate penalty.

Penalties for unprofessional conduct vary with the circumstances of the case. A range of sanctions are available, such as a reprimand, a fine, conditions imposed on a certificate of practice, suspension from practice, or removal from the register.

Decisions of a Disciplinary Committee may be appealed to the B.C. Supreme Court within 30 days of the ruling.

A Disciplinary Committee does not have authority to grant compensation to a complainant, even where a finding of unprofessional conduct has been made against a registrant. The remedies available to the Disciplinary Committee are prescribed by the Architects Act and are different than the options available in civil actions brought through the courts.

3.2 Consensual Resolution
Prior to conducting an inquiry, the AIBC must offer the respondent an opportunity to pursue an agreed-upon outcome through consensual resolution. If successful, the process will result in an agreement setting out the facts of the case, an admission(s) of unprofessional conduct by the respondent, and an appropriate sanction, without the need for an inquiry. All such agreements are reviewed and subject to approval by the AIBC’s Consensual Resolution Review Panel to ensure that the proposed agreement is in the public interest. The consensual resolution process is confidential and does not prejudice the member or the AIBC if either party should choose to abandon consensual resolution discussions and proceed to a disciplinary inquiry.

Possible penalties included in a consensual resolution agreement include: a reprimand; imposition of conditions on a certificate of practice; educational action (e.g., coursework) the requirement to attend an oral conduct review; fine; suspension; and removal from the register. In accordance with AIBC Bylaw 36.20, all finalized consensual resolution agreements are published. Publication of these agreements is intended to fulfill the AIBC’s objective of transparency, and serves as an educational message for registrants with respect to ethical and professional conduct expectations.

3.3 Remedial Recommendation
Prior to making a recommendation to bring charges, the Investigations Committee may decide that a complaint would be better resolved through a remedial process intended to improve a respondent’s practice or otherwise protect the public. Such files generally include significant mitigating circumstances. In this case, the Investigations Committee will provide a report with remedial recommendations to the AIBC’s Remedial Review Panel, which is responsible for monitoring, assessing and reporting on the respondent’s compliance with the remedial recommendations.

Remedial recommendations may include: educational action, including coursework; an oral conduct review; a practice consultation/peer review; and/or professional counseling (financial, social, health). Upon successful completion of the remedial recommendations, a publication of a summary of the completed remedial recommendation will be issued to the AIBC membership without the respondent’s name. In the event an individual elects not to proceed to remedial recommendation, or does not satisfy the recommendation, the matter proceeds to the disciplinary stage.

In both consensual resolution and a disciplinary inquiry, there is a requirement that costs be paid. Under consensual resolution, the parties agree on the costs to be paid by the respondent in accordance with published guidelines. Where an inquiry is held, the disciplinary committee may order the respondent to pay costs. If the disciplinary committee finds that the member did not commit a disciplinary violation, the disciplinary committee can also order that the AIBC pay a portion of or all of the member’s inquiry costs. The amount of costs associated with an inquiry, which includes legal costs, is significantly higher than the amount payable under the costs guidelines for consensual resolution.