Chapter 1.1 - The Role of the Architect PDF

10/24/21, 3:58 PM Chapter 1.1 - RAIC Chapter 1.1 The Role of the Architect Print this page The Architect in Society The role of the architect has evolved over centuries to cover an expanding array of tasks and responsibilities. Today the core role of the architect is usually that of the primary professional design service provider, coordinating the various stakeholders during the planning, design, and construction process of buildings. Technological and sociological changes, as well as increasing globalization, continue to affect the way architecture is practised. Architects continue to shape our built environment, as their training experience and regulated status allow them to design buildings of all types. Their work has a major impact on human activity and the planet; hence, they have a tremendous responsibility towards fellow citizens and the environment. Architects add value to the built environment; their primary contribution and impact are its design, as well as their ability to coordinate and oversee projects to completion within schedules and budgets. The Evolving Role of the Architect Challenges and Opportunities for Architects in the 21st Century Traditionally, an architect was considered to be a professional with general knowledge of the many disciplines involved in the design, construction, maintenance and alteration of buildings. Over time, technological advancement, population redistribution, and the growth of cities have both physically changed the built environment and changed expectations for the built environment. Architects’ responsibilities have also changed as more and different disciplines introduced into the design-construction-operation supply chain are required. The architect’s role in society has evolved with these changes and continues to evolve. Today, an architect must have the skills necessary to synthesize, integrate and coordinate various parts of a project into a composite whole. This is not only to satisfy functional and safety requirements, but also to contribute to an orderly, visually pleasing, and sustainable environment. As architects are increasingly being asked more specific questions with regards to specific subjects, there is a growing trend to specialize to meet complex issues, requirements or contexts. Areas of specialization may include aspects of planning and programming, building regulations, design, production, management, sustainability, site supervision or construction. The individual architect may thus become an expert in a specific building type, or accredited or certified in specialties such as building code, building envelope, project management, sustainable design, or heritage conservation. However, maintaining a general expertise in all aspects of the profession remains a foundation of keeping architecture healthy and enhances the credibility of the profession in the eyes of the public. The architect also maintains an ethical responsibility for passing along their knowledge and skills, through teaching, mentoring, and hiring and training the next generation of architects. The practice of architecture is interrelated with many other design disciplines, including various types of engineering, landscape design, sociological and planning studies, and public art. In the complex task of coordinating the many specialists involved in a project, the architect develops a unique role and set of skills. A holistic view of the built environment has enabled architects to undertake a variety of strategic roles in society. These roles include acting as facilitators, collaborators, and communicators in addressing the needs of an increasing number of stakeholders, voicing their views and desires on how the built environment should be shaped and the impact it has at local and global scales. The growth of existing areas of architectural practice and new frontiers provide exciting opportunities for architects, including: strategic planning and facility programming at pre-design stages; inclusive design; sustainable design; existing buildings (maintenance, life and fire safety upgrades, reuse, repurposing, heritage conservation); urban design and renewal; new forms of project delivery, such as integrated design processes; new technologies and communication tools; globalized practice. https://chop.raic.ca/chapter-1.1 1/9 10/24/21, 3:58 PM Chapter 1.1 - RAIC Strategic Planning and Facility Programming at Pre-Design Stages Institutional and infrastructure projects are becoming larger and more complex due to the number of stakeholders involved, and their duration now often extends for several years with phased implementation and construction. The architect can assist with the general planning of such undertakings and/or the detailed programming of a facility. Inclusive Design The Inclusive Design Research Centre defines inclusive design as: “design that considers the full range of human diversity with respect to ability, language, culture, gender, age and other forms of human difference.” Inclusive Design Research Centre - OCAD University Historically, accessibility has been limited to accommodating persons with disabilities. Inclusive design extends the concept of accessibility to address everyone’s needs with respect to equity, functionality, safety, gender, culture and religion. The architect should be an ambassador for inclusive design so that the specific needs, values and concerns of a diverse society are reflected and integrated in its buildings. Inclusive design embraces the reality that people who use buildings come from a variety of cultural backgrounds, are dimensionally different, and present a wide range of physical and sensory abilities. Recognition of such diversity will result in building designs accommodating the widest range of inclusion. https://chop.raic.ca/chapter-1.1 2/9 10/24/21, 3:58 PM Chapter 1.1 - RAIC Emerging trends in inclusive design include recognizing that wheelchairs and other mobility devices are as diverse as the people who use them and that they require more space than is usually specified in codes and standards; buildings can be designed to better accommodate persons with vision loss, as well as those with hidden disabilities such as strength or stamina limitations; and an equivalent level of life safety should be available to everyone in a building in an emergency situation. Sustainable Development Buildings are society’s response to population growth, urbanization and the economics of land use development in addition to the age-old function of meeting humans’ basic need for shelter. The conventional construction and operation of buildings produce greenhouse gas emissions. Buildings are contributors to climate change. Because of that contribution, architects have an opportunity as well as a responsibility to adjust their practice so that the buildings they design do not, for example: contribute to the heat island effect and the attendant heat stress illnesses in urban populations; destroy habitat for local flora and fauna; increase peak storm water flows and contribute to urban flooding; unnecessarily deplete natural resources, including potable water; become quickly unlivable in power outages, summer or winter. There are multiple views about what classifies as sustainable development. With interest in this area increasing at an exponential rate, and with multiple certifications for “green” building available to the building owner, a shared working definition is important to promote communication and understanding. The United Nations defines sustainable development: “Sustainable development has been defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” Building enclosures and mechanical and electrical systems have unusually long service lives compared to other material goods. This means that the ability to mitigate poor performance of an existing building arises infrequently and may only be present every second human generation. This “lock-in” of wasteful performance and resulting greenhouse gas emissions or other environmental disruption may give cause for clients or the general public to demand better building performance than conventional methods provide. The attention of the architect’s client to these matters is the key to the architect’s ability to implement climate change adaptation or mitigation measures. Many adaptation or mitigation measures are “no regrets” actions that do not involve a construction premium and therefore can be incorporated into design practice in a way that does not require the client’s direct attention. However, there are many other conditions in the interlinked systems of land use planning, transportation planning and access, development finance, and property development that require discussion with the client in the pre-design stages of a project. It has long been known that the annual energy expended (and emissions generated) by commuters going to and from an office building can be larger than the annual energy consumption of the building itself. Conventional measures to mitigate an unfavourable location are not commonly considered because the building site is a given in the client brief. This default requires a different approach. For example, extra attention to microclimate design may push a project away from generic solutions, but in the process identify and develop latent conditions on an unfavourable site to produce a unique and valuable experience. Matching or adding facility program elements to difficult site conditions is one technique to generate added value for a site. Understanding the potential of a site from a sustainability perspective may also support more effective design solutions from other perspectives, including financing and insurance costs. Sustainable and regenerative design presents opportunities for innovation and collaborative solutions in both design processes and outcomes. It is difficult to deny that in the years to come a foundational aspect of architectural design success will be the design response to driving factors in both the micro and macro environments. Revitalizing Existing Buildings For many architects, working with existing buildings comprises a significant volume of the work, ranging from minor renovations to complete makeovers, either maintaining existing occupancies or converting to new uses. These projects may extend beyond simple renovations to completely revitalize the existing building’s aesthetic and performance. Existing buildings in this context include all existing buildings, even those considered heritage (over 40 years old) but not designated as such. An existing building may not be designated, but may still be architecturally and culturally significant, necessitating care in how change is effected on the building. This presents a challenge of making function follow form, and must also consider the impact to the building design, building structure, envelope, environment and fit with the local community. With the growing need to make buildings more energy efficient and sustainable (to reduce greenhouse gases (GHGs) and capitalize on existing infrastructure and embodied energy), understanding the existing building’s technologies, past uses, and performance will inform how the building may be renovated to achieve the best balance between performance, durability, sustainability goals and satisfaction of local community interests. An architect may undertake all aspects of the project within his or her practice, but often other specialists beyond the core disciplines of structural, mechanical and electrical will be needed to provide additional depth, and may include: cultural experts, heritage professionals, and building historians, as well as professionals with expertise in building envelope, building materials, sustainability, https://chop.raic.ca/chapter-1.1 3/9 10/24/21, 3:58 PM Chapter 1.1 - RAIC environment, energy modeling, building controls, building commissioning, fire protection, etc. Urban Design and Renewal Architects are often engaged to complete master planning studies and intensification studies, as well as other investigations into the development and/or renewal potential of properties both urban and rural. Contributing their knowledge of architectural design and implementation, and the unique spatial requirements of specific building forms and typologies, an architect’s involvement in urban design lends credibility to the physical suitability and practical feasibility of new built fabric. Architects are also trained to consider context and frontage relationships with surrounding streets, and public space resources. Furthermore, architects can provide specific advice and expertise pertaining to the renewal potential of existing buildings and structures within a larger urban framework. Being familiar with coordinating the inputs of a range of sub-consultant disciplines, architects are of great value as leaders of complex, multi-disciplinary design teams often engaged to provide urban design studies. And lastly, as they are often asked to interpret urban design guidelines in the detailed design of individual works of architecture, architects can contribute meaningfully to the authorship of urban design guidelines and other documents that seek to influence the design of our cities. New Forms of Project Delivery Clients and governments are constantly seeking new or varied forms of project delivery that may result in alternate forms of financing and more efficient building design and construction methods. In the face of global warming and in order to reduce energy consumption, a much higher level of building energy performance is required. This has resulted in new and evolving methods of project delivery. New forms of project delivery result in changes to the architect’s professional relationship with clients, users and others in the construction industry. Project delivery methods such as design-build and public-private partnerships (P3s) result in the architect being engaged by a builder or a financial entity and not directly by the owner or users of the building. Other project delivery methods such as integrated project delivery can demand greater cost efficiency, and shorter timeframes for document production. This leads to the potential for increased risk and liability for the architect, therefore challenging the architect and project stakeholders to balance the risks and rewards of the changing project delivery landscape. Project delivery is evolving and architects must adapt, taking into consideration their liability in delivering services while always considering the public interest. On the other hand, architects can play a key role in integrated design processes by skillfully addressing the various needs and objectives of multiple stakeholders, including multi-party client groups, the other professionals and experts on the design team, and the larger community. The integrated project delivery method results in changed relationships between the architect and other project stakeholders, including the owner, builder and design team. It may prompt the architect to adopt a new business model. These varied project delivery methods therefore present challenges for the practice of architecture, but also offer opportunities, including new roles such as integrators, compliance architect, or advocate architect. See also Chapter 4.1 – Types of Design-Construction Program Delivery. New Technologies, Communication Tools, and Processes BIM, automation and advanced visualization are some of the technological innovations that have continued to transform architectural practice. The acronym BIM refers to both building information management and building information modeling, depending on the context and the focus of the author of a particular publication. Modeling and simulation software programs to assist architects in the analysis of lighting or thermal resistance, in the creation of three-dimensional images, or in the preparation of more accurate cost estimates have become widespread. Some of them are even accessible to anyone now, therefore increasing both the client’s requirements and expectations. Some firms who do not have access to these new technologies may outsource parts of their work. The historical role of the architect to gather, process and synthesize information, and to use presentation techniques to communicate a solution, is more and more influenced by the choice of new format options. BIM is becoming more widespread as a tool for integrated building design and as a communication tool for coordination with consultants, constructors, and component fabricators. Some public sector organizations now require that projects be delivered using BIM. BIM requires not only changes in a firm’s technology, but, more importantly, changes in business, operational, and project processes. The integration of design processes across the design-construction-operation supply chain requires rethinking contractual relationships, organizational culture, and a redistribution of effort with a firm. See Chapter 5.6 – Building Information Managing for a discussion of these topics. Globalized Practice https://chop.raic.ca/chapter-1.1 4/9 10/24/21, 3:58 PM Chapter 1.1 - RAIC Architectural practices vary in size from sole practitioners to large corporations. The range of projects undertaken by practices also varies greatly. The profession includes firms with multiple offices, country-wide and internationally. Projects may be executed through multinational resource pools, or through joint-venture arrangements. Smaller firms may form joint ventures to combine specific strengths in order to bid on larger contracts or projects requiring specific expertise. Such collaboration may be established for a sole project or put in place over longer periods on a variety of endeavours. This globalization presents new challenges to architects to adapt to different practices, cultures, political environments, regulations, building construction standards, workers’ safety codes and new markets, as well as to cope with increased competition in the Canadian market from both local and international firms. Types of Practice or Professional Activity Architects work in a variety of professional contexts. These include: private practice; corporations (private sector); government and institutions (public sector); education and research; construction and development; non-governmental organizations; formal design review panels; independent expert witness. Architects may also work in a combination of these situations providing that the architect is not in a conflict of interest. Professional Responsibility The architect’s responsibility extends beyond the client to fellow professionals, the profession, and society in general. The amount of responsibility an architect is prepared to accept will determine how they practise architecture. The employed or salaried architect has reduced direct responsibility to his employer’s client, whereas the sole practitioner carries the entire responsibility. Architects in partnership share this responsibility. The architect’s responsibility varies depending on their role(s). See also Chapter 1.3 – Professional Conduct and Ethics for more information on professional obligations and responsibilities. Architects in Private Practice “Architectural practice is the setting where ethos and circumstances lock horns, where individual and professional goals combine with budgets, deadlines, skills, organization, power, context and regulations.” Cuff Architects employed by a private practice may be: employed (salaried) architects working for other professionals; independent contractors providing services to other architects; specialist consultants in various fields, such as project management, building code, building envelope, sustainable design, conservation, and specifications. Self-employed architects may be: sole proprietors; in partnership with other architects or engineers; directors or shareholders of an architectural corporation. Self-employed architects in private practice must maintain expertise in two distinct areas: the performance of architectural services; the operation and management of a practice, including staff. See also Chapter 3.1 – Starting and Organizing of an Architectural Practice. The architect in private practice accepts liability for the architectural commissions which the architect undertakes. See also Chapter 3.6 – Human Resources for a discussion of employees and independent contractors in the design professions. https://chop.raic.ca/chapter-1.1 5/9 10/24/21, 3:58 PM Chapter 1.1 - RAIC Architects Employed in a Corporation other than an Architectural Practice (Private Sector) Many corporations that do not practise architecture employ architects as members of their staff. For example, many large corporations employ architects in their real estate, design, construction, and facilities management divisions. The architect working for a corporation must nevertheless comply with the provincial or territorial requirements for practice and the use of the professional seal. Some of these architects may provide a full range of professional services for their employer, the corporation. Alternatively, they may simply manage the design and construction by selecting architects and consultants, and by coordinating the provision of architectural services as a representative of the corporation. Frequently, corporate architects provide services in: site selection; project planning; programming; consultant selection; contract negotiations; construction contract administration; facilities management and maintenance. Architects in Government and Institutions (Public Sector) The architect can also serve society as a civil servant, that is, as an employee of the government, either at the federal, provincial/territorial or municipal level, or for a public institution. Public sector employees are not generally required to purchase a professional insurance, but they are nonetheless fully accountable and personally liable for their work. Often, universities and hospitals require in-house expertise for the management and expansion of their buildings and physical assets. Architects in government and institutions can exert influence and develop policies related to the built environment. Opportunities within the public sector may include positions at a technical, managerial or policy level. All levels of government construct and fund building projects as well as regulate the built environment. Architects can play a variety of roles within government. Architects in these roles may require an advanced skill set in stakeholder management and engagement, negotiation, and interpersonal relationship building. Communication skills become paramount when dealing with a wide range of stakeholders, such as the general public, government officials, other architects, developers’ contractors, other branches within their department, civil servants in other departments or jurisdictions, deputy ministers, Treasury Board representatives, politicians and the media. Because many decisions regarding the built environment are made in the political arena, some architects choose to run for office for: various levels of government; school boards; professional or business associations. Architects employed in government and institutions may be required to maintain “professional” registration with a provincial or territorial association of architects. In addition to working in a different context, the lapse or absence of a professional license can create a distance between the government “professional” and fellow architects and can lead to a lack of currency and knowledge of the profession. Conversely, the lack of familiarity with government operations from architects in private practice may lead to misunderstandings when delivering services in this context. Federal At the federal level, architects work as: employees of Public Services and Procurement Canada (PSPC), Department of National Defence (DND), Defence Construction Canada (DCC), and several other federal government departments; conservation architects within the Federal Heritage Building Review Office (FHBRO) and Parks Canada Agency, the guardians of national historic sites and buildings; researchers within federal government agencies such as the Canada Mortgage and Housing Corporation (CMHC) and the Institute for Research in Construction (IRC) of the National Research Council (NRC); technical representatives and policy developers or other officials related to the built environment and building codes. Provincial/Territorial At the provincial/territorial level, architects work as: https://chop.raic.ca/chapter-1.1 6/9 10/24/21, 3:58 PM Chapter 1.1 - RAIC employees of various provincial/territorial government ministries, crown corporations, and agencies related to the built environment (for example, education, public works and government services, housing, planning, tourism, health, building codes and regulations, culture and heritage); researchers and technicians; policy developers for the provincial/territorial government. Municipal At the municipal level, architects may work as: building inspectors and plans examiners; administrators and designers within municipal departments of planning and development, specializing in areas such as land- use planning and zoning, urban design, and heritage conservation. Architects in Education and Research Architects may pursue a career in academia as faculty members at the university schools of architecture, the community college schools of design and construction, or as researchers in a variety of settings. The university schools of architecture in Canada have faculty on a full-time, visiting or adjunct (part-time) basis. See also “List: Canadian University Schools of Architecture with Accredited Programs” in Chapter 1.5 – Admission to the Profession. Some architects who teach also undertake research. Many architects also teach at the various community colleges, technical institutions, and cégeps (collèges d’enseignement général et professionnel in Québec), which train architectural technicians, technologists, and other students who study design and the construction industry. Practising architects may also be invited as mentors, tutors and/or jurors by architectural schools to comment and help students with their projects (critiques). Architects may be involved in both pure and applied research. Opportunities exist in various government agencies and universities, and with manufacturers of building products and certain specialized institutes of research. Architects in Construction and Development Increasingly, those with architectural training are selecting careers directly in the construction industry or in real estate development. As designers, planners and managers, they can contribute significant skills to this sector of the economy. Typical careers include: developer; construction manager; contractor; design-builder; real estate agent. Many developers have their own in-house staff to plan and coordinate consultants in the provision of design services for projects, and many building contractors are involved in design-build work, employing architects directly. The following skill sets can be especially marketable to builders and developers: marketing; economic feasibility studies; conceptual problem-solving; design; building code compliance; construction planning; estimating and review of project budgets; construction contract administration. Architects sometimes lead the development and building process; in fact, the number of architect-led design- build firms, particularly in the United States, is growing. Architects must confirm with the provincial or territorial associations of architects that their services and roles within a design-build firm comply with provincial or territorial regulations. Architects in Non-Governmental Organizations Architects may work for non-governmental organizations (NGO) involved in emergency relief, cooperation and development (ex.: Architecture Sans Frontières), as well as advocacy groups related to, among others, professional practice (ex.: Royal Architectural Institute of Canada (RAIC), provincial or territorial associations of architects), sustainable design (ex.: Green Building Council, BREEAM, https://chop.raic.ca/chapter-1.1 7/9 10/24/21, 3:58 PM Chapter 1.1 - RAIC Passive House), or heritage conservation (ex.: ICOMOS, APTi, National Trust for Canada, Ontario Heritage Trust, Heritage Toronto, Action patrimoine, Héritage Montréal, Association québécoise pour le patrimoine industriel (AQPI), etc.). Architects involved in these organizations may develop new regulations, policies, frameworks, best practices, or new design guidelines coming from various sources (health, environmental sensitivities, legal, research), as well as training courses, public awareness programs and site visits. These activities provide opportunities for sharing knowledge and experience, shaping the profession, networking, and having a positive impact in society. Architects in Formal Design Review Panels Architects may be involved in a formal role in various public design review panels or advisory committees on city planning and heritage conservation. Similarly, architects may be invited to act as jurors for architectural competitions or awards (ex.: Governor General’s Medals in Architecture, Canadian Architect Awards of Excellence, award programs led by provincial or territorial associations of architects). Architects as Independent Expert Witness Architects may also function in a capacity of expert witness in situations where building or project failure has resulted in mediation, arbitration or litigation. The increasing complexity of building technologies, rising expectations on the part of many stakeholders in the design/construction/operation industries, and growing attitudes toward risk aversion and transfer have resulted in opportunities for architects with specialized skills to provide clarity in dispute resolution processes. See also Chapter 3.10 – Other Services Provided by an Architect, Appendix A – Architect as Expert Witness for a detailed description of this scope of practice. Other Roles for Architects An architectural education is often valuable for other fields of endeavour. Architects look beyond architecture for careers related to design, planning, and construction, and as specialist consultants. New career opportunities are also available to architects willing to pursue studies in related professions and become specialists with a multi-discipline background. Some examples include: architect/engineer; architect/planner/urban designer; architect/lawyer; architect/business administrator; architect/facilities planner; computational designer; data specialist; digital practice information manager; BIM model manager; integration manager; sustainability consultant; energy modeler; client representative or project manager; designer of virtual environments for computers; mediator/arbitrator; forensic investigator. Refer to the RAIC website’s Becoming an Architect for a list of some of the non-traditional jobs for architects (https://raic.org/raic/becoming-architect). References Cuff, Dana. Architecture: The Story of Practice. Boston, MA: Massachusetts Institute of Technology Press, 1991. Lewis, Roger K. Architect? A Candid Guide to the Profession. Revised Edition, Cambridge, MA: Massachusetts Institute of Technology Press, 1998. “Livre blanc pour une politique québécoise de l’architecture.” Ordre des architectes du Québec, March 2019, www.oaq.com/fileadmin/Fichiers/Publications_OAQ/Memoires_Prises_position/LIV-PQA-20180410.pdf. “Référentiel de compétences lié à l’exercice de la profession d’architecte au Québec.” Ordre des architectes du Québec 2017, https://www.oaq.com/fileadmin/user_upload/OAQ_RCOMP_2018_VFINALE.pdf, accessed April 20, 2020. https://chop.raic.ca/chapter-1.1 8/9 10/24/21, 3:58 PM Chapter 1.1 - RAIC “What Is Inclusive Design.” Inclusive Design Research Centre – OCAD University, https://idrc.ocadu.ca/about- the-idrc/49- resources/online-resources/articles-and-papers/443-whatisinclusivedesign, accessed April 20, 2020. Royal Institute of British Architects. Guide to Using the RIBA Plan of Work 2013, London: RIBA Publishing, 2013. “Toolkit for Building Projects: From Concept to Construction.” Northwest Territories Association of Architects, 2014, http://nwtaa.ca/data/uploads/NWTAA_Toolkit-for-Building-Projects_WEB.pdf, accessed September 11, 2020. Farrell, Terry. “The Farrell Review of Architecture and the Built Environment.” The Farrell Review, 2017, www.farrellreview.co.uk/download, accessed April 15, 2020. e T 1-844-856-RAIC | [email protected] Privacy | Legal/Copyright | Royal Architectural Institute of About RAIC/IRAC | Canada Institut royal d'architecture du Site Map Canada The Canadian Handbook of Practice for Architects © RAIC 2020 https://chop.raic.ca/chapter-1.1 9/9 10/24/21, 4:03 PM Chapter 1.2 - RAIC Chapter 1.2 The Architect as a Professional Print this page Definitions Advocacy: The act or process of supporting a cause or proposal. Architect: A person or entity registered, licensed or otherwise authorized exclusively to use the title “architect” and to practice architecture in a province or territory. Competency: The ability to do something successfully or efficiently. Copyright: The exclusive legal right to reproduce, publish, sell or distribute the matter and form of something (such as a literary, musical or artistic work). Intellectual Property: Property (such as an idea, invention or process) that derives from the work of the mind or intellect. Practice of Architecture: From the UIA Accord on Recommended International Standards of Professionalism in Architectural Practice: The practice of architecture consists of the provision of professional services in connection with town planning as well as the design, construction, enlargement, conservation, restoration or alteration of a building or group of buildings. These professional services include but are not limited to: planning and land-use planning; urban design; provision of preliminary studies, designs, models, drawings, specifications, and technical documentation; coordination of technical documentation prepared by others (consulting engineers, urban planners, landscape architects and other specialist consultants) as appropriate and without limitation; construction economics; contract administration; monitoring of construction (referred to as supervision in some countries); project management. Refer to each provincial or territorial architects act for a legal definition. Profession: A vocation or calling, especially one that involves some branch of advanced learning or science. Public Good or Public Interest: The benefit or advantage of the community as a whole. Introduction “Membership in any profession, whether law, medicine, teaching, journalism, accounting, or architecture, entails not only the mastery of a body of knowledge and skills but at its best the honoring of a social contract to advance basic human values.” Boyer and Mitgang The dedication to advancing the human condition and upholding the public trust distinguishes professions from other occupations. Most professions in Canada, including architecture, are self-governing and self-regulating. The provinces and the Northwest Territories, through enabling legislation (the provincial and territorial architects acts), have established associations which regulate admission to the profession in exchange for safeguarding the public. The provincial and territorial associations of architects are mandated to maintain high standards of practice and ethics among their members. The Practice of Architecture The International Union of Architects (Union internationale des Architectes (UIA)) is the international nongovernmental organization that represents the world’s architects. Founded in Lausanne, Switzerland, in 1948, the UIA defines architectural practice thus: “The practice of architecture consists of the provision of professional services in connection with town planning and the design, construction, enlargement, conservation, restoration, or alteration of a building or group of buildings. These professional services include, but are not limited to, planning and land-use planning, urban design, provision of preliminary studies, designs, models, drawings, specifications and technical documentation, coordination of technical documentation prepared by others https://chop.raic.ca/chapter-1.2 1/6 10/24/21, 4:03 PM Chapter 1.2 - RAIC (consulting engineers, urban planners, landscape architects and other specialist consultants) as appropriate and without limitation, construction economics, contract administration, monitoring of construction (referred to as ‘supervision’ in some countries), and project management.” - UIA Accord on Recommended International Standards of Professionalism in Architectural Practice From the Quebec National Assembly’s (Assemblée nationale du Québec) Bill 401: An Act mainly to improve the quality of buildings, the regulation of divided co-ownership and the operation of the Régie du logement: “15. The practice of architecture consists of engaging in analysis, design and advisory activities applied to the construction, enlargement or alteration of a building with regard to its siting, envelope and interior layout as well as the materials and methods used, in order to ensure that the building is durable, functional and harmonious. The practice of architecture also consists in coordinating the work of persons who, in relation to architectural work, participate in the construction, enlargement or alteration of a building. The practice of architecture includes respect for the environment and life, the protection of property, heritage preservation and economic efficiency to the extent that they are related to the architect’s professional activities.” Provincial and Territorial Architects Acts & Self-Regulation The practice of architecture refers to the professional services associated with design, alteration and management of construction of a building or group of buildings. The Attorney General of Canada has mandated provincial and territorial associations of architects to determine and regulate the conduct of their members in their practice. The provincial and territorial architects acts are government statutes which establish the authority of each individual self-regulating professional association. They define the scope of practice for which architects in that jurisdiction are responsible and mandate the legal responsibilities, terms and standards associated with their professional designation. The authority granted by the architects acts allows each self-regulating architectural association to determine subsequent regulations that govern the behaviour and practice of their members. This can include bylaws, codes of ethics, codes of conduct, rules, regulations, policies and protocols. It is the responsibility of professional members to uphold the standards set by their regulating bodies and, as members, they are empowered to contribute their voice by joining councils, surveys or committees in self-governance. See also Chapter 1.6 – The Organization of the Profession in Canada. Professionalism In the Western tradition, the professions were the scholarly endeavours and practices of theology, law, and medicine, historically called the “learned” professions. They had certain principles and characteristics distinct from other vocations. The term professional is derived from the Latin profiteri, meaning “to declare publicly.” The notion of declaring our skill publicly reinforces our dedication to the public good. Unfortunately, the expression “profession” or “professional” is often misused and overused in an attempt to capitalize on the influence and prestige associated with the original status enjoyed by scholarly professions. Today, the expression does not necessarily represent an adherence to the principles of professionalism. It is the responsibility of professionals and their regulating bodies to uphold the significance of their respective professions. To be worthy of the term, all professionals must conduct both their personal and business lives according to certain fundamental principles. Advocacy Professional designation has a place in the public context, which is defined by the governmental mandate to create an architects act. The architect’s role as a professional is in educating the public and advocating for the elements in society that are affected by the specialized knowledge and skill that the architect possesses. Architects are well-equipped to serve local communities by contributing to public policy, serving on local councils, or participating in peer review such as municipal design review panels. In their professional capacity, architects often advocate for their contribution in defining public spaces, environmental policy, and generally preserving the public interest where it is affected by components that may fall under the scope of practice defined by the provincial or territorial act regulating architectural practice and the profession at large. In this public-facing capacity, architects maintain the dignity of the profession by adhering to the regulations for conduct laid out by their local associations. Principles of the Profession All professionals are required to adhere to the following four principles: expertise; autonomy; commitment to public good; https://chop.raic.ca/chapter-1.2 2/6 10/24/21, 4:03 PM Chapter 1.2 - RAIC accountability. Expertise Professionals possess a comprehensive body of knowledge, skills and theory developed through education and experience. The process of professional education, experience and examination is structured to assure the public that professionals engaged to perform professional services have acquired the expertise to perform them to acceptable standards. To achieve proficiency, professionals undergo intensive preparation, gaining specialized knowledge in an academic setting. Education in an academic setting is usually followed by a period of training in practice. Alternatively, education and training may be concurrent, as in university-based co-operative learning programs or the RAIC Syllabus Program. Because acute judgement is such an essential skill in the provision of services, professionals are required to be proficient, adept, skilled and expert. While in practice, professionals continue their personal scholarship, their quest for knowledge, and their growth by experience. The combination of continuous education and experience in practice provide the professional with a body of tacit and explicit knowledge on which to draw. In parallel, knowledge-sharing becomes intrinsic to the profession and is expressed through mentorship and supervision. See also Chapter 1.4 – Mentorship and Career Transitions. Autonomy Professional practitioners provide expert advice, independent of self-interest. Uncompromised professional judgement should take precedence over any other motive. Professionals are at liberty to exercise discretion, and clients value their judgement and authority. They act independently and accept responsibility for their actions. Professionals must also embrace the spirit and the letter of the laws governing their professional affairs, and thoroughly consider the broader societal and environmental impacts of their professional activities. Commitment to Public Good Professionals bring a high level of dedication to their work. Members of professions are mandated primarily to serve societal needs in a competent and professional manner, and to exercise unprejudiced and impartial judgement on their behalf. In benefitting societal needs, architects are committed to upholding their professional integrity. The commitment is inherent in the dedication required of the architect to become a licensed professional. In practice, architects’ commitment to continuing education to maintain their currency and their contribution to the profession contributes to contemporary societal needs. Accountability Professionals are aware of their responsibility to provide independent and, if necessary, critical advice to their clients and of the effects of their work on society and the environment. Professionals undertake to perform professional services only when they, together with those whom they may manage or consult, are qualified by education, training or experience in the services offered. Professionals accept personal responsibility and liability for the consequences of their professional behaviour. Furthermore, professionals are expected to protect not only the primary interest of their clients but also the interest of the public good. Professionals must provide and exercise the standard of care typical of their profession, but they are not required to have an extraordinary degree of skill. Professional Liability Insurance The provincial and territorial associations vary in their requirements for professional liability insurance. In most jurisdictions in Canada, professional liability insurance is mandatory. Professional liability insurance will protect the public by providing financial compensation as a result of an error, omission or negligence in the provision of professional services. Under some provincial and territorial statutes of limitations there is a limitation period for bringing an action related to professional services; however, in certain jurisdictions the risk can endure for a lifetime. Architects should discuss their insurance requirements with their insurer. See also Chapter 3.8 – Risk Management and Professional Liability, Appendix E – Comparison of Statutes of Limitations in Each Province and Territory. Architecture as a Profession https://chop.raic.ca/chapter-1.2 3/6 10/24/21, 4:03 PM Chapter 1.2 - RAIC Architecture, which has been described as a social art (and also an artful science), is the sole profession whose members are qualified to design and to provide advice, including technical and aesthetic judgement on the built environment. Architects provide services and solutions with technical competence and aesthetic sensitivity suitable to the physical, social, cultural and economic environment, thereby inspiring the community and its citizens. In matters of public health and safety, architects are obliged to serve the public interest and respond to the public need. The concepts of health and safety are expanding to encompass the sustainability of the global environment and accessibility for all persons. The four generic principles of professionalism previously outlined in this chapter apply to architecture. But what distinguishes architecture from other professions? In the broadest of terms, architecture is the profession which endeavours to identify the public need, and to serve the public interest, in matters relating to the built environment. In this context, architecture is environmental design; in fact, any manipulation of the physical environment is of potential interest to architects. Other disciplines, such as interior design and landscape architecture, share in specific aspects of the design of the built environment. The practice of architecture is usually broader than the regulations governing the profession. However, legislation formalizes a specific relationship between the profession and society by setting certain regulations which limit and define membership and practice. An architect’s proficiency may extend well beyond the requirements of registration/licensure — particularly after extensive experience. For example, although a statute or regulation may not define “urban design” or single-family house design as architecture, most architects would agree that it is, to a significant degree, an architectural endeavour. Not including urban design in its legislation demonstrates a jurisdiction’s decision to regulate only a certain portion of architecture which it deems to be the “profession of architecture” under its legislative authority. Architecture and Engineering Almost all architects work closely with professional engineers, structural, mechanical, electrical, and civil, who are members of the design team. Professional engineering adheres to the principles of professionalism and is regulated in a manner similar to architecture. In Canada, most jurisdictions have legislation to identify which professional services or building types fall under the authority of architecture or engineering. The differences between the professions of architecture and engineering can be summarized as follows: the educational background required for architecture is more diverse than it is for engineering; the experience requirement is more wide-ranging for architects and more specific for engineers; the architect is expected to understand, assemble and coordinate all the building disciplines, whereas the engineer usually specializes in one discipline; the architect is involved in the design and construction of many buildings and environments for human habitation and occupancy, but architects are often not involved in other structures which require only engineers by building code, such as warehouses and bridges, or smaller buildings, such as single-family residences, that do not require the involvement of a licensed professional; the architect is involved not only in the building design but is also concerned about the impact of a building or buildings on the character of a community; architects have traditionally filled the role of the prime professional responsible for managing and coordinating a project. The Architect's Seal An important symbol and tool of the architectural profession is the architect’s seal. An architect’s seal is a professional seal and not a business seal. The seal must be applied to certain documents prepared by the architect who is licensed to practise. Issued by the provincial or territorial association, the seal assures the public and authorities having jurisdiction that they may rely on document preparation, prepared under an architect’s supervision, direction and control, with confidence. Affixing the seal to documents indicates that they were prepared under the supervision, direction and control of a licensed architect. For information on the proper application of the professional seal, refer to the provincial or territorial associations’ practice bulletins. See also Chapter 1.6 – The Organization of the Profession in Canada, Appendix E – Charts: Comparison of Practice Requirements of Each Provincial and Territorial Association. Copyright All artistic works — including music, photography, paintings, drawings, artistic crafts and architectural designs — are intellectual property belonging to their creator. In Canada, a copyright does not have to be registered. It rests automatically with the author, and so does the responsibility to demonstrate any ownership of copyright by the author. The Copyright Act protects the architect’s designs and drawings from unauthorized use or copying. https://chop.raic.ca/chapter-1.2 4/6 10/24/21, 4:03 PM Chapter 1.2 - RAIC The ownership of the copyright rests with the architect unless the architect assigns it in writing to someone else. Architects are advised to retain ownership of the copyright in all instances. Copyright protection is also provided in the standard forms of agreement. RAIC Document Six – Canadian Standard Form of Contract for Architect’s Services states that the architect retains the copyright for their work and grants the client a licence to use the “instrument of service,” i.e., the drawings and specifications, for the purposes of “constructing, using, maintaining, altering, and adding to the project.” See also Chapter 6.4 – Construction Documents, Appendix A – Copyright and Architects. Building Inscriptions The architect may be permitted to arrange for the installation of a permanent inscription on a building, which may identify the construction date, owner, architect and builder. Traditionally, a cornerstone was used; however, today, other suitable signs or inscriptions are provided on the permanent fabric of the building. In some localities, building inscriptions may be required for specific projects. Building inscriptions provide an opportunity to foster public discourse on architecture, and to provide recognition of both the contribution of the professional and the profession. Non-Professionals and the Built Environment It is important, especially for the public and for clients, to understand that there are many other disciplines that provide services for design and construction and that these individuals are not regulated professionals. Architects and engineers are regulated by provincial and territorial statute, which provides both title protection and a scope of practice. Other non-professionals may provide services under a limited scope of practice and they may not have the same accountability as professionals. Some of these non- professionals include architectural technicians and technologists, cost consultants, construction managers and designers. In some provinces, allied professionals such as interior designers and architectural technologists have a designated scope of practice and are regulated under the respective architects act. References American Institute of Architects (AIA). The Architect’s Handbook of Professional Practice, 15th Edition, Chapter 1 – Professional Life. Hoboken, New Jersey: Wiley, 2013. “Bill 401: An Act mainly to improve the quality of buildings, the regulation of divided co-ownership and the operation of the Régie du logement.” Assemblée nationale du Québec, 2018, http://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-401-41- 1.html, accessed 2019-08-12. Belfall, Donald. Professions in Transition. Toronto: Canadian Society of Association Executives, 2008. Boyer, Ernest L. and Mitgang, Lee D. Building Community: a new future for architecture education and practice: a special report. Ewing, NJ: California Princeton Fulfillment Services, 1996. “Copyright Act.” Government of Canada, current to March 19, 2020, https://laws-lois.justice.gc.ca/eng/acts/C-42/Index.html, accessed 2019-08-12. “UIA Accord on Recommended International Standards of Professionalism in Architectural Practice.” Amended August 2014 at XXVI General Assembly, Durban, International Union of Architects (UIA), https://www.bak.de/w/ files/bak/02architekten/05internationales/1454321930v4bbw8wd2dq42ph7.pdf, accessed April 19, 2020. “Référentiel de compétences lié à l’exercice de la profession d’architecte au Québec.” Ordre des architectes du Québec (OAQ), https://www.oaq.com/wp-content/uploads/2020/02/Referentiel_competences_2018.pdf, 2018, accessed April 17, 2020. T 1-844-856-RAIC | [email protected] Privacy | Legal/Copyright | Royal Architectural Institute of About RAIC/IRAC | Canada Institut royal d'architecture du Site Map Canada https://chop.raic.ca/chapter-1.2 5/6 10/24/21, 4:03 PM Chapter 1.2 - RAIC The Canadian Handbook of Practice for Architects © RAIC 2020 https://chop.raic.ca/chapter-1.2 6/6 10/24/21, 4:03 PM Chapter 1.3 - RAIC Chapter 1.3 Professional Conduct and Ethics Print this page Definitions Code: A set of rules, or systematic collection of statutes or body of laws arranged to avoid inconsistency and overlap; standard of moral behaviour. Complaint: Formal written accusation or statement of grievance. Discipline: Order maintained among members of a profession; control exercised over members of an organization; chastisement. Ethics: Moral principles upon which rules of conduct are based. Introduction Architectural practice is a profession as well as a business. What distinguishes professional practice from a business is the higher standard of responsibility to the public, meeting standards of professionalism, integrity and competence, and abiding by codes of conduct and ethics. Like other legislated professions, architecture has duties to many stakeholders in the built environment, including the environment itself. Understanding these professional responsibilities, why they exist and how they guide the actions of professionals is the domain of ethics – regulations which govern professional actions in the field (codes of conduct) and the principles which guide actions (codes of ethics). This chapter will briefly outline the foundations of professional ethics, its basic principles and regulations, and their governance in Canada. Foundations The Hippocratic oath is a first iteration of establishing professional ethics. While the oath was created for medical practitioners, there are general principles which continue to influence current professional codes of ethics and conduct. The oath’s first principle sets basic rules of conduct for those applying their professional knowledge. Second, the oath implies a core concept that this kind of special knowledge requires a code of conduct concerning the appropriate use of the body of knowledge in the public realm. Third, it also implies a distinction between such “professionals” and the lay public, and that the distinction relates directly to the body of knowledge and its use. The oath contains a code of conduct covering three important points which continue to be a significant part of modern professions: do no harm; maintain patient/client confidentiality; pass this knowledge on to the next generation. Variations on these three elements continue to form the basis for the codes of ethics and conduct for many professionals, including the architectural profession. It also provides an outline of the responsibilities of professionals. Architects have responsibilities to the public and to the environment (similar to “do no harm”), to clients (integrity, confidentiality and impartiality), to fellow professionals, and to the next generation through internship, mentoring, and the transfer of the body of knowledge. In this way they also meet their professional duty to ensure the continuation of the profession. These and other responsibilities are outlined in codes of ethics and codes of conduct published by the regulating associations of architects. Ethical Principles and Regulations The taking of an oath is a promise both to one’s fellow professionals and to the public the professional serves. In many jurisdictions to this day, architects must take a public oath or declaration (see Appendix A). It is a promise to uphold the profession’s standards of conduct through adherence to an architects act and its regulations and bylaws. The rules of conduct are found in the various acts, regulations, bylaws and practice notes of the provincial or territorial associations of architects. Ideally, the jurisdictional authorities consolidate rules about competence and ethical conduct into a discrete publication (listed in Appendix D). A separate document has several advantages: https://chop.raic.ca/chapter-1.3 1/8 10/24/21, 4:03 PM Chapter 1.3 - RAIC it can be readily referenced and understood; architects do not have to search for conduct rules among all other bylaws, articles of the architects act, and council rulings; it provides the context conducive to a full understanding of individual rules. At the international level (see Appendix C), the International Union of Architects or Union Internationale des Architectes (UIA), through its Professional Practice Commission, has developed recommended guidelines for the UIA Accord on Recommended International Standards of Professionalism in Architectural Practice — Policy on Ethics and Conduct, intended as a model code for the UIA member sections. Briefly, it outlines general principles and four obligations, and then describes how these principles and obligations are applied (conduct). The four obligations are: general obligations (requirements to achieve and maintain competency); obligations to the public (requirements to ensure that professional affairs respect social standards and the environment); obligations to the client (requirements to ensure proper professional service and judgement); obligations to the profession (requirements to uphold and respect the dignity of the profession). The code of ethics of the Ordre des architectes du Québec (OAQ) bears some similarity to the UIA document. The National Council of Architectural Registration Boards (NCARB) – the U.S. organization that sets standards, including standards of professional conduct for architects – has developed Model Rules of Conduct and has encouraged its adoption by its state Member Boards. In this document there are seven guiding principles and five rules: competence, conflict of interest, full disclosure, compliance with laws, and signing and sealing documents. The American Institute of Architects (AIA), in their Code of Ethics and Professional Conduct, makes the distinction between principles and conduct by establishing three different levels: canons (broad principles), ethical standards (specific goals), and rules of conduct (rules arising from the canons and ethical Standards). The Architectural Institute of British Columbia (AIBC) has developed its own Code of Ethics and Professional Conduct, based on the NCARB model. The Saskatchewan Association of Architects (SAA) has adopted a similar code to that of the AIBC in its Bylaw No. 15. Its five subject areas are: competence; conflict of interest; full disclosure; compliance with laws; professional conduct. It should be noted that while the principles of professional duty to the public remain unchanged, codes of conduct in architectural practice evolve and adjust to changing societal standards and expectations. For example, in the past, professional conduct by architects included conditions that tightly regulated a practice’s business model, such as preventing engagement in construction management or construction. In most jurisdictions, and subject to certain provisions, these actions are now considered acceptable business practices for an architectural firm. Those provinces or territories with societal, legislative or cultural changes and those with high rates of growth have tended to periodically update their rules, sometimes comprehensively, so that conduct requirements remain clear to an expanding and increasingly diverse membership. It is important for the practising professional to remain current with any changes and developments in the code of conduct in their jurisdiction. Governance In Canada the provincial or territorial legislatures permit the profession to be self-governing. As such, the creation and administration of bylaws, codes of ethics and professional conduct are undertaken by the provincial or territorial associations of architecture. The associations are responsible for maintaining the ethical standards and for monitoring practising professionals for adherence to the standards. The Role of the Provincial and Territorial Associations of Architects The criteria for acceptable behaviour of an architect are set out in the architects acts and the subsidiary bylaws and regulations developed by each provincial or territorial association. When an individual becomes registered or licensed as an architect, they assume professional rights and obligations. The provincial or territorial architects act (or the Professional Code in Québec) authorizes a provincial or territorial association of architects to regulate its members and the practice of architecture by empowering the association to: set eligibility criteria for becoming an architect (see Chapter 1.5 – Admission to the Profession for details on these criteria); https://chop.raic.ca/chapter-1.3 2/8 10/24/21, 4:03 PM Chapter 1.3 - RAIC set conduct regulations for architects; require architects to maintain currency through participation in continuing education programs; investigate and adjudicate allegations of an architect’s professional misconduct; administer disciplinary action should an architect be judged to have engaged in professional misconduct. Each of the provincial and territorial architects acts differs in reflecting the unique customs and history of the architectural profession in that jurisdiction. However, the acts and regulations are similar regarding architects’ rights, obligations and disciplinary procedures. An architect who does not comply with a conduct requirement (sometimes called “professional misconduct”) may be reprimanded or fined, or have their licence temporarily suspended or permanently revoked. Regulations and Bylaws The existing bylaws or regulations in each province or territory can be broadly sub-divided as follows: a) Ethical regulations or codes of ethics (those rules that assist in maintaining the public trust in the integrity of the profession) Examples include rules requiring behaviour that exemplifies traits such as honesty, integrity, impartiality and respect for the law. Some of these traits would be familiar characteristics of virtue ethics. Ethical principles are fundamental to all the rules and regulations. For example, honesty is implicit in the requirement that an architect shall not knowingly make a false representation. b) Regulations regarding competency (those rules that ensure the proper provision of architectural services to the public) Examples include rules about the standards of care that characterize an architect’s advice or service, rules about the architect’s supervision of staff, and rules about the application of an architect’s seal. c) Administrative rules and regulations (those rules that assist in the efficient operation of the provincial or territorial association) Examples include: rules about the timely payment by an architect of annual membership fees; procedures for election to the association’s council; procedures for changing a bylaw or regulation; rules that require an architect who is aware of an apparent violation of the architects act to report it to the association. Many rules of conduct stem from moral customs. They regulate the way an architect relates to others. For example: rules against offering or receiving bribes; rules against violating laws and building regulations; rules that require impartial professional judgement regardless of an architect’s personal interests. Regulating Professional Conduct The provincial and territorial associations of architects have established procedures for addressing complaints and administering disciplinary procedures in the event that an architect is suspected of professional misconduct. Following a rigorous complaints review process, should a complaint be found to be valid, the matter is typically referred to a disciplinary committee. In some provincial and territorial associations, a disciplinary committee may convene a hearing concerning conduct of the referred member. The disciplinary committee is also responsible for administering disciplinary action should an architect be found in contravention of the architects act, its regulations or bylaws. Disciplinary hearings are quasi-judicial proceedings and therefore follow due process of law. The association and the architect accused of professional misconduct may be represented by legal counsel. Typically, the findings of a disciplinary committee and subsequent disciplinary actions are published and distributed to the membership at large. Such publication has the following benefits: it reinforces the prevailing ethical standard; it demonstrates to society that the profession is exercising its mandate; it provides a deterrent against unprofessional conduct by other architects; it delivers continuing education to architects to refresh their knowledge on matters of conduct. Architects should be aware of the common lapses of professional conduct in their province or territory. One of the most common contraventions of professional conduct has been the failure to comply with annual continuing professional development requirements. The requirement to maintain currency in the body of knowledge of architectural practice is part of the oath (see Appendix E) and is core to the competence architects profess to the public. https://chop.raic.ca/chapter-1.3 3/8 10/24/21, 4:03 PM Chapter 1.3 - RAIC Emerging Trends As noted above, codes of conduct and the responsibilities to the public can evolve and adjust to changing societal standards and expectations. It is incumbent on the provincial and territorial jurisdictional authorities and on practising professionals to be prepared for change. Social Responsibility A broad trend is emerging towards corporate social responsibility (CSR) over the last 50 years. While CSR is largely voluntary, there are growing expectations on the part of citizens’ groups and consumers for corporations to act beyond the bottom line into a larger arena of ethical action. Professions have greater obligations to the public good than do the voluntary actions of corporations. The public’s expectations are moving toward social justice, equity and human rights. There are three emerging ethical issues which will have an impact on the practice of architecture. They are not actually new but are growing in the potential to expose an architect to increased responsibilities to the public. Social Clauses Procurement contracts and, more recently, construction contracts may now include “social clauses.” This is growing rapidly in the public sector. These clauses are often focused on labour, support for local social enterprises, and access issues (refer to, for example, “Social Procurement: State of Practice,” City of Vancouver, or “Public Procurement for Social Progress: A Social Platform Guide to the EU Public Procurement Directive”). They may also consider the supply chain of materials. “Overall, the goal is to encourage fair competition and provide better value for money, focusing on quality criteria, as well as the innovative nature of the offers” (from “Best practices in the field of social clauses in public procurements in Europe”). Refer also to “A Guide to Social Procurement” (Buy Social Canada, 2018). Environmental Rights In recent years it has been argued that the architect has an ethical role to play in the fight against climate change. In early 2018, the AIA adopted new rules and ethical standards that make sustainable design an imperative for its members, who must “make reasonable efforts to advise their clients and employers of their obligations to the environment.” The AIA’s National Code of Ethics also expanded on what architects’ goals should be in terms of energy conservation, water use, building materials and the ecosystem. Many municipal jurisdictions are now passing regulations concerning the rights of the environment while at the same time issuing RFP with inappropriate risk transfer and egregious contractual conditions, making it increasingly difficult for the architect to provide the services needed to meet environmental protection objectives. The Community Environmental Legal Defense Fund (CELDF) is one of several organizations assisting municipalities in drafting regulations concerning the rights of nature. This also relates to what is called Wild Law. Refer also to David Boyd’s Rights of Nature and The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment. Controversy exists over the validity of claims for environmental rights within the context of a building project as they have conventionally been external to the contractual relationships between a municipality and a building owner, and between that owner and his or her architect. The introduction of environmental protection through municipal bylaws or building program requirements is essential to the incorporation of a broader understanding of the value of environmental protection in the project. Notwithstanding a potential for influence, architects have no control over their clients’ objectives, program, and attitudes towards sustainable/regenerative design. The “reasonable efforts” to inform a client of the benefits or necessities of incorporating elements of environmental protection into a project must take place before the final project scope is fixed. This then raises the question, what events or behaviour would constitute professional misconduct should an architect be unsuccessful at encouraging a client to adopt higher building performance standards towards sustainable or regenerative design? Human Rights There are growing conflicts between local populations and the development sector concerning cultural rights, rights of access, housing rights, and, in international work, the rights of construction workers and their families (Human Rights Watch continues to compile reports of abuses, all of which implicate design professionals). It is noteworthy that, in Canada, the Canadian Human Rights Act and provincial or territorial human rights codes prevail over the basic requirements of building codes. (Refer also to a similar case in New York City with the United States v Avalon Chrystie, SLCE Architects, et al.) Oaths and Declarations An example of an oath taken by incoming members of the AIBC: https://chop.raic.ca/chapter-1.3 4/8 10/24/21, 4:03 PM Chapter 1.3 - RAIC “Solemnly do I declare that having read and understood the Architects Act and the Bylaws and Code of Ethics and Professional Conduct of the Architectural Institute of British Columbia, and having passed the examinations, I am eligible for membership. Further do I announce that I will uphold professional aims, uphold the art, and the science of architecture, and I will thereby improve the environment. I also accept with obligation the need to further my education as an architect. I promise now that my professional conduct as it concerns the community, my work, and my fellow architects will be governed by the ethics and the tradition of this honourable and learned profession, in the public interest.” (AIBC Bylaws 9.0) An example of a declaration (this is signed by incoming members of the NSAA): “I am the person making application for a licence to practice architecture. The photograph submitted with this application is an unaltered photograph of me taken within the last six months before the application was made. I hereby authorize the Nova Scotia Association of Architects to make such inquiries about me as it considers appropriate in connection with this application for a licence and consent to any third party releasing information to the Association in connection with this application. I further authorize the Association to disclose information about me, including, for example, copies of this form and documents submitted in this application process to other regulatory authorities and architectural registration boards. I have read, understood, and will abide by the provisions of: a. the Architects Act; b. Regulations under the Architects Act; c. Bylaws of the Association; d. NSAA Code of Ethics and Professional Conduct; e. Provincial Building Code of Nova Scotia; and f. Builder’s Lien Act. I understand that in order to have my licence renewed, I must meet the Continuing Education requirements approved by the Nova Scotia Association of Architects. I understand that I have not satisfied the requirements for a licence if, in connection with this application or any past application, I have made a false or misleading representation, either because of what I have stated or what I have omitted. I understand that if I have made a false or misleading representation my licence may be revoked. I understand that I must maintain Professional Liability Insurance, as per section 10 of the Regulations pursuant to the Nova Scotia Architects Act, up to and including the warranty period following completion of all projects. I understand that this Professional Liability Insurance must cover all work on projects in Nova Scotia during this time. The answers I have given and the information I have provided is true, complete and without intent to mislead. I have read, understood and signed this application. I will immediately notify the Association of any changes to any of the information contained in this application. I make this declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.” Summary of Code of Ethics and Professional Conduct of the AIBC and SAA The following is a summary of the Code of Ethics and Professional Conduct from the AIBC (Architectural Institute of British Columbia) and the SAA (Saskatchewan Association of Architects) which is based on the model developed by NCARB (National Council of Architectural Registration Boards). Competence Regulations governing competence are based on the assumption that the end result of an architect’s services – a building – shall be fit, in all applicable regards, for its intended purposes. These rules state that: architects must provide reasonable care, competence, knowledge, skill and judgement to clients and the public; architects’ consultants must be similarly competent; architects must not undertake to provide services beyond their personal competence. The test of competence is if another architect, being reasonable and prudent, would have provided similar services at the same time and place. When a provincial or territorial association receives a complaint of incompetence against one of its members, it may respond through an evaluation of the architect’s services by his or her peers. If they find incompetence, then the architect could be subject to penalties imposed by the association. The aim is to protect the public from further incompetence by ensuring that the architect either raises his or her skills and services to prevailing professional standards or, failing this, stops practising. Conflict of Interest https://chop.raic.ca/chapter-1.3 5/8 10/24/21, 4:03 PM Chapter 1.3 - RAIC Architects must avoid actions and situations in which their personal interests conflict, or appear to conflict, with professional obligations to the public, the client and others. Rules about conflict of interest include the following statements. An architect shall be compensated by only one party on a project, except when the other interested parties agree in writing to another arrangement. An architect with a personal association or interest in a project shall disclose this in writing to the client or employer. If the client has objections, then the architect must either terminate the association or interest or offer to give up the commission or employment. An architect shall not solicit or accept compensation or benefits from suppliers in return for specifying or endorsing their products, except as permitted. An architect acting as an interpreter of construction contract documents and reviewing construction for conformance with the contract documents shall render decisions impartially. An architect may be a project’s owner. An architect may also be the constructor of a project of the architect’s own design. In such cases, the architect shall: disclose any interest in writing to the other contracting parties and the authority having jurisdiction; receive their written acknowledgement; provide professional services as if disinterested. An architect who is a juror or advisor to an approved competition shall not subsequently provide services to the winner or, if there is no winner, receive any commission deriving from the competition. Each architect should refer to their respective architects act for the full definition of conflict of interest. Full Disclosure This principle refers to an architect’s obligation to accurately represent the full truth. For example: An architect shall disclose all related personal or business interests when making a public statement on an architectural issue. An architect shall accurately represent to the public, prospective or existing client or employer the qualifications and scope of responsibilities in connection with work for which the architect is claiming credit. If an architect becomes aware that the employer or client is acting against professional advice and violating applicable building regulations, the architect shall: refuse to consent; report the action to the authority having jurisdiction; terminate services on the project. An architect shall not knowingly make or assist others to make a false or misleading statement or omission of material fact about education, training, experience or character when applying for or renewing registration as an architect. An architect who knows of an apparent violation of the architects act, bylaws, or council rulings shall report such knowledge to the association. An architect who has a financial interest in a building product or device which the architect proposes to specify for a project shall disclose this to the client, receive the client’s written approval, and include a copy of the client’s approval in the construction documents. Compliance with Laws An architect must respect and comply with laws and regulations. For example: In the practice of architecture, an architect shall not knowingly violate any law or regulation. An architect shall neither offer nor make payment or gift to a public official (elected or appointed) with the intent of influencing the official’s judgement in connection with a prospective or existing project. An architect shall comply with the relevant architects act and its bylaws and council rulings. In the practice of architecture, an architect shall take into account all applicable federal, provincial or territorial, and municipal building bylaws and regulations. The architect may rely on the advice of other professionals and qualified persons as to the intent and meaning of such regulations. Professional Conduct This section includes rules based on principles that are not covered in the preceding sections, as well as rules that may not be conduct requirements in every province or territory. Examples of such conduct requirements include: the supervision of an architectural office by an architect; the use of the architect’s seal; the prohibition of the following acts: offering gifts other than of nominal value to a prospective client; committing fraud or having wanton disregard for the rights of others; performing any act that would reflect unfavourably on the profession; falsely or maliciously injuring another architect’s reputation or business prospects; https://chop.raic.ca/chapter-1.3 6/8 10/24/21, 4:03 PM Chapter 1.3 - RAIC attempting to supplant another architect after the other has been retained or is in the process of being retained; accepting the same commission as another architect before the other has been dismissed; the requirement to: comply with competition rules approved by the council of the provincial or territorial association; promptly distribute monies received for others; comply with the provincial or territorial association’s performance standards together with appropriate fees for services. References and Readings Boyle, David. The Rights of Nature: A Legal Revolution That Could Save the World. ECW Press, 2017. Boyle, David. The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment. UBC Press, 2011. “A Guide to Social Procurement.” Buy Social Canada. 2018, https://ccednet-rcdec.ca/sites/ccednet- rcdec.ca/files/buy_social_canada_social_procurement_guide.pdf, accessed March 17, 2020. Fisher, Thomas. The Architecture of Ethics. Routledge, 2019. Fisher, Thomas. Ethics for Architects: 50 Dilemmas of Professional Practice. Princeton Architectural Press, 2010. Fox, Warwick. Ethics and the Built Environment. Routledge, 2000. Foxell, Simon. Professionalism for the Built Environment. Routledge, 2018. Iliescu, Sanda (ed.). The Hand and the Soul: Aesthetics and Ethics in Architecture and Art. University of Virginia Press, 2009. Morgan, Diane. Kant for Architects. Routledge, 2018. Owen, Graham (ed.). Architecture, Ethics and Globalization. Routledge, 2009. Ray, Nicholas. Architecture and its Ethical Dilemmas. Routledge, 2005. Spector, Tom. The Ethical Architect: The dilemma of contemporary practice. Princeton Architectural Press, 2001. Taylor, William M., and Michael P. Levine. Prospects for an Ethics of Architecture. Routledge, 2011. Wasserman, Barry, Patrick Sullivan, and Gregory Palmero. Ethics and the Practice of Architecture. John Wiley and Sons, 2000. International Documents American Institute of Architects (AIA). 2018 Code of Ethics and Professional Conduct. http://content.aia.org/sites/default/files/2018- 09/2018_Code_of_Ethics_0.pdf, accessed April 21, 2020. “UIA Accord on Recommended International Standards of Professionalism in Architectural Practice, Amended August 2014 at the XXVI General Assembly (Durban, South Africa).” International Union of Architects (UIA), http://www.cialp.org/documentos/1454321930V4bBW8wd2Dq42PH7.pdf, accessed April 21, 2020. “Guidelines for the UIA Accord Policy on Ethics and Conduct. Amended by the UIA Council held in Beirut, Lebanon, January 2011.” International Union of Architects (UIA), 2011, https://www.united-architects.org/ assets/files/media- files/UIA%20Code%20of%20Ethics-Accord_0.pdf, accessed April 21, 2020. “Model Rules of Conduct 2018-2019.” National Council of Architectural Registration Boards (NCARB), July 2018, https://www.ncarb.org/sites/default/files/Rules_of_Conduct.pdf, accessed April 21, 2020. “United States of America v CVP1, LLC, Downtown Manhattan Residential, LLC, Chrystie Venture Partners, LLC, Avalon Bay Communities, Inc. and SLCE A

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