Frequently Asked Questions
What is this Task force
we’ve been hearing about, and who’s on
it?
Why are Building Designers, Residential
Designers and Interior Designers involved with the
task force?
Why is it necessary to change
the existing legislation?
What areas have proven to be most
problematic?
What has prompted the AIBC to
pursue a new act?
What is the basis for the changes
suggested by the draft legislation?
Would the new legislation impact
one’s professional designation?
When will these come into effect?
Why does the AIBC now include
Building Designers and Residential Designers?
Where does the AIBC get the authority
to expand its membership in such a way?
How can AIBC Council simply create
classes of architects or other members, or scopes
of practice?
Does that mean Building Designers
and Residential Designers are now subject to the same
standards and requirements of other members?
Is this not going to take away
business that architects have traditionally been responsible
for doing?
What impact has this had on the
various scopes of practice?
What has the response been from
Building Designers and Residential Designers?
Where do Interior Designers stand
in all this?
How can AIBC Council simply create
specialist designations, as I understand
it is now prepared to do?
Has membership had any input
into the process and proposal?
Where does the provincial government
stand on all this?
What is the projected timeline
for the passing of new legislation?
Will members get a final vote
on the proposed new act?
Where can members obtain a copy
of the proposed new legislation?
Q: What is this Task force we’ve
been hearing about, and who’s on it?
A: In 2002, the AIBC established a task force with
representation from architects, and Building, Residential,
and Interior Designers to work on proposals for a
new Architectural Professions Act. In recent years
the task force has been joined by Architectural Technologists.
It has since been renamed the Task Force for
Legislative Change.
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Q: Why are Building Designers, Residential
Designers and Interior Designers involved with the
task force?
A: These three allied groups are seeking a credible
and effective model for regulating protection of the
public interest, one that better recognizes their
close professional connection to the architectural
profession.
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Q: Why is it necessary to change the existing legislation?
A: The Architects Act, established in 1920, is outdated,
inefficient, difficult to administer, and does not
reflect modern circumstances for professional practice
and consumer protection.
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Q: What areas have proven to be most problematic?
A: Two ongoing challenges are the sections pertaining
to definition of practice and the intersection of
architecture and engineering. Consultation with our
engineering colleagues is ongoing.
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Q: What has prompted the AIBC to pursue a new act?
A: In recent years, the provincial government has taken
it upon itself to update various pieces of legislation.
Given the potential for the interests of the profession
to come into conflict with proposed legislative changes
in other areas (such as professional engineers), as
well as the likelihood the province might simply introduce
changes with little or no input from the profession,
the AIBC chose to take a leadership role in bringing
forward revised legislation that better suits the
needs and interests of the public and its membership.
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Q: What is the basis for the changes suggested by
the draft legislation?
A: As with the existing legislation, the guiding principle
continues to be that of protecting the public interest,
followed by assuring the strengths of the profession.
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Q: Would the new legislation impact one’s professional
designation?
A: No, although it will introduce several new designations.
The AIBC has already made the necessary submissions
to reserve the titles Architect.AIBC, Architectural
Technologist.AIBC, Building Designer.AIBC, Residential
Designer.AIBC and Interior Designer.AIBC, as well
as the designations Arch.AIBC, AT.AIBC, BD.AIBC, RD.AIBC
and ID.AIBC as official marks under Canadian trademark
legislation..
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Q: When will these come into effect?
A: These designations take effect new provincial legislation
is acclaimed.
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Q: Why does the AIBC now include Building Designers
and Residential Designers?
A: Building Designers and Residential Designers were
existing professions seeking a regulatory home as
well as having a shared interest with the AIBC in
offering solutions to the built environment. By bringing
them into the fold, it both better protects the public
interest and strengthens the AIBC’s status as
the home of architecture.
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Q: Where does the AIBC get the authority to expand
its membership in such a way?
A: Under Section 40 of the Architects Act,
the AIBC Council may admit any person into the institute
as an associate, as is the case with Building, Interior
and Residential Designers, as well as Architectural
Technologists. As Associates, they have limited status
within the institute and no defined scope of practice.
Under the proposed new legislation, all would be regarded
as members with the potential for limited scopes of
practice.
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Q: How can AIBC Council simply create classes of architects
or other members, or scopes of practice?
A: It can’t. As explained above, the authority
exists to introduce categories of associate, not full
members. This will continue to be the case under the
proposed new legislation, where such decisions will
be the product of by-laws requiring a member vote.
The same applies to any proposed changes to scopes
of practice.
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Q : Does that mean Building Designers and Residential
Designers are now subject to the same standards and
requirements of other members?
A: Yes. Having chosen to join the AIBC, registrants
are subject to the regulatory jurisdiction of the
AIBC. The existing Architects Act, as well as the
AIBC’s bylaws, rules, policies and procedures
(including such things as the Code of Ethics, standards
of conduct, and continuing education requirements)
now apply to each and every registrant.
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Q: Is this not going to take away business that architects
have traditionally been responsible for doing?
A: No. These individuals have been practicing independently
as long as many architects. However, it does have
the desirable effect of bringing these professionals
under the authority of the AIBC, where they will be
required to offer the same levels of service and meet
the same standards while working with a limited license.
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Q: What impact has this had on the various scopes
of practice?
A: The Architects Act remains unchanged for now. This
means the definition of professional practice, scope
of practice provisions of the act, and Bulletin 31
(“Buildings requiring the Services of an Architect”)
also remain unchanged. The proposed new legislation
will extend the area that architects regulate to include
everything larger than a duplex residence.
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Q: What has the response been from Building Designers
and Residential Designers?
A: To date, more than 70 of 90 previous BDIBC members
– close to 80 per cent - have transferred to
the AIBC, with more applications arriving. Even more
encouraging has been the expressions of interest received
from previously unaffiliated now that the AIBC offers
a regulatory home.
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Q: Where do Interior Designers stand in all this?
A: The interior design community, represented by the
Interior Designers Institute of British Columbia (IDIBC),
has agreed to join the AIBC and is actively engaged
with the institute in supporting new legislation as
well as strengthening administrative and regulatory
ties with the AIBC. Since the IDIBC is a formal society
under the Societies Act and has title protection under
that legislation, its members will transfer registration
to the AIBC when the new legislation comes into effect.
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Q: How can AIBC Council simply create specialist designations,
as I understand it is now prepared to do?
A: The authority to create specialist designation within
the architectural profession is not the result of
an AIBC Council initiative but rather the provincial
government under recently introduced legislation (Bill
10). While the authority for AIBC council to do so
now exists, it can only be implemented through members
approved by-law. The introduction of Bill 10 further
illustrates the need for the AIBC to take a proactive
approach to influencing government legislation.
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Q: Has membership had any input into the process and
proposal?
A: Discussions within the AIBC first began in 2002,
and the evolving legislative proposal has been shared
with AIBC membership at various stages over recent
years, including information sessions, conference
workshops, and ongoing written communications (for
a timeline, click
here). The current proposal reflects the input
and support of members as well as other stakeholders
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Q: Where does the provincial government stand on all
this?
A: The AIBC proposal has the support of the Ministry
of Advanced Education and Labour Market Development,
our host ministry in the provincial government. The
province is eager to see legislation that is less
problematic, less confusing, more logical, and better
for the public. The government has expressed its desire
to bring about changes to the legislation under which
architects as well as others in the built design community
function. It is in the best interests of AIBC members
that the AIBC help shape this change, rather than
having it imposed.
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Q: What is the projected timeline for the passing
of new legislation?
A: It is anticipated the proposed new legislation will
move forward as part of the government’s Spring
2010 legislation session, thought it is subject to
government prioritization and electoral cycles. The
Minister has expressed interest in having new legislation
for professional engineers accompany that of architects.
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Q: Will members get a final vote on the proposed new
act?
A: Rather than a final vote, effort will continue to
be made throughout the process to gather input and
advice from AIBC members, both through committee representatives,
individual submission and open dialogue. Keep in mind
that the draft legislation eventually put forth by
the AIBC will undoubtedly undergo extensive revision
by the provincial government. The reality is, it is
not our act; it is the provincial government’s
legislation.
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Q: Where can members obtain a copy of the proposed
new legislation?
A: The most current version, while still subject to
change, is available to members and the public here.
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