Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE MICHAEL FARNWORTH

MINISTER OF MUNICIPAL AFFAIRS

AND HOUSING

BILL 39 – 1997

BUILDING OFFICIALS' ASSOCIATION ACT

Contents

Section

Definitions

Association continued as corporation with full capacity

Objects

Membership

Registrar to maintain register

Persons not affected

Executive committee

Officers

Powers and duties of executive committee

Power to make bylaws

General meetings

Use of titles

Inquiry

Discipline

Appeals

Offence

Application of Offence Act

Injunction

Transitional

Consequential Amendment

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Definitions

1 In this Act:

"association" means the Building Officials' Association of British Columbia

continued under

section 2 and formerly known as the Building Inspectors'

Association of British Columbia;

"BIABC" is the abbreviated form of the former name of the association;

"BOABC" is the abbreviated form of and means the association;

"building regulations" means the British Columbia Building Code and other

related codes, standards and enactments governing the construction, alteration,

"bylaw" means a bylaw made by the executive committee;

"designated committee" in relation to the function specified, means a committee of

the association designated under the bylaws to perform that function;

"executive committee" means the executive committee of the association under

section 7;

"member" means a member of the association;

"registered building official" means a member who is certified as a registered

building official in accordance with the bylaws and includes a member certified

as a registered building inspector;

"RBI" is the abbreviated form of and means registered building inspector;

"RBO" is the abbreviated form of and means registered building official.

Association continued as corporation with full capacity

(1) The Building Officials' Association of British Columbia is continued as a

corporation under this Act.

(2) The association has the power and capacity of a natural person of full capacity for

the purposes of this Act.

(3) Section 3 of the Company Act does not apply to the association.

(4) By regulation, the Lieutenant Governor in Council may provide that provisions

of the Company Act or the Society Act apply to the association.

Objects

3 The objects of the association are as follows:

(

a) to assist in the development, maintenance and improvement of building

regulations;

(

b) to promote the uniform

interpretation and enforcement of building regulations;

(

c) to promote greater understanding and knowledge of building regulations

among its members, governments, the building industry and related organizations and the public;

(

d) by providing for training, education, certification and discipline, to

promote, establish and maintain high standards of knowledge, skill and

proficiency in the performance of the functions of building inspection, plan

review and the administration of building regulations by its members.

Membership

(1) The association must admit as a member a person who

(

a) applies for membership in accordance with the bylaws,

(

b) has the qualifications established in the bylaws,

(

c) pays the fees established in the bylaws, and

(

d) meets all other eligibility requirements for membership established in the

bylaws.

(2) Only a member in good standing is entitled to membership privileges.

Registrar to maintain register

(1) The executive committee must appoint a registrar in accordance with the bylaws.

(2) The registrar must maintain a register to record the name of each member in good

standing.

(3) The register must identify each member who is a registered building official.

(4) The register must be available at the head office of the association for inspection

by any person during regular office hours.

(5) A certificate of the registrar is proof in the absence of evidence to the contrary of

any of the following:

(

a) a person is or is not a member of the association;

(

b) a member is or is not in good standing;

(

c) a member is or is not a registered building official.

Persons not affected

6 This Act does not affect or interfere with the right of a person who is not a member to

perform the function of building official, building inspector, plan reviewer or any other

similar function, or to be employed or appointed in that capacity by a government,

organization or person.

Executive committee

(1) The executive committee is the governing body of the association and conducts

the business of the association in accordance with this Act and the bylaws.

(2) The executive committee is composed of the following:

(

a) a president elected by the members in accordance with the bylaws;

(

b) vice presidents elected by the members in accordance with the bylaws;

(c) 7 to 14 members, elected by the members in accordance with the bylaws, to

represent regions of British Columbia;

(

d) a secretary appointed under subsection (3);

(

e) a treasurer appointed under subsection (3);

(

f) the most recent past president who is available and willing to serve;

(

g) individuals appointed by the minister under subsection (4).

(3) The executive committee must appoint a secretary and a treasurer in accordance

with the bylaws.

(4) The minister may appoint to the executive committee up to 4 individuals who are

not members of the association.

Officers

8 The officers of the association are those members referred to in

section 7 (2) (

a) to (

f) who are designated by the bylaws as officers of the association.

Powers and duties of executive committee

(1) The executive committee is responsible for the management and administration

of the association and without limitation, may do the following:

(

a) govern the procedure and business at executive committee meetings;

(

b) provide for application forms, certificates for registered building officials

and other forms and standard documents for use by the association;

(

c) administer the holding of courses and examinations for members, persons

applying for membership and other persons;

(

d) provide for the date of and place for holding annual general meetings,

special general meetings and other meetings of members.

(2) By resolution, the executive committee must designate the location of the head

office of the association.

Power to make bylaws

(1) The executive committee may make bylaws providing for carrying out the objects

of the association.

(2) Without limiting subsection (1), the executive committee may make bylaws as

follows:

(

a) respecting annual general meetings, special general meetings and other

meetings of members, including the timing and manner of holding those

meetings;

(

b) respecting absentee member voting by mail ballot and proxy;

(

c) respecting the election and appointment of members to the executive

committee, including election of members on a regional basis and

determining the number of vice presidents;

(

d) determining which of the members of the executive committee are voting

members of the committee;

(

e) providing for the terms of office of executive committee members,

including the staggering of their terms of office;

(

f) respecting officers of the association, including the designation,

appointment, election and replacement of officers, and their powers, duties

and remuneration;

(

g) respecting the appointment of the secretary, treasurer and registrar;

(

h) governing the establishment, operation and proceedings of committees of

the association, including the appointment of committee members, their

remuneration and designation of committees for specified functions;

(

i) respecting powers, duties and functions of committees of the association,

including the delegation of powers, duties and functions of the executive

committee to those committees;

(

j) respecting appeals to the executive committee from a decision of a

committee of the association;

(

k) respecting application for membership, including the application process

and requirements for persons applying for membership;

(

l) respecting qualifications and other eligibility requirements for admission as

a member;

(

m) establishing and defining classes of members, including the class of

members who are registered building officials;

(

n) establishing different qualifications, eligibility requirements, limitations

and other conditions of membership for different classes of members;

(

o) establishing which classes of members are entitled

(

i) to vote at the annual general meeting, special general meetings or

other meetings of the members of the association, and

(ii) to hold office in the association;

(

p) respecting education and examinations for persons applying for

membership;

(

q) respecting certification of members as registered building officials;

(

r) respecting standards of knowledge, skill and proficiency that must be

attained and maintained by members;

(

s) respecting training courses and continuing education for members and other

persons including establishing amounts that some or all classes of persons

attending courses may be charged;

(

t) respecting standards of professional conduct and competence for members,

including regulation of the conduct and competence of members and former

members through suspension, expulsion or other penalties for misconduct,

incompetence, contravention of this Act or the bylaws or a failure to comply

with a limitation or condition imposed under this Act;

(

u) establishing fees that must be paid by members or persons applying for

membership, including application fees, membership fees and fees for

insurance against professional liability claims;

(

v) establishing different fees for different classes of members or persons

applying for membership and exempting classes of members from some or

all fees set under the bylaws;

(

w) requiring members in certain classes to maintain insurance against professional liability claims;

(

x) establishing fines and other penalties for misconduct, incompetence,

contravention of the bylaws or a failure to comply with a limitation or

condition imposed under this Act;

(

y) respecting inquiries into the conduct or competence of members or former

members;

(

z) respecting fines of up to $10 000 that may be imposed under

section 14 (2) (

g) or (3) (c), including establishing different amounts of

fines for different classes of members and different kinds of misconduct.

(3) A bylaw, amendment to a bylaw or repeal of a bylaw under this

section does not

take effect until it is approved at the annual general meeting or a special general

meeting by 75% of the eligible members

(

a) who are present at the meeting and vote,

(

b) who vote by mail ballot in accordance with the bylaws, and

(

c) who vote by proxy in accordance with the bylaws.

(4) The association must maintain an accurate copy of all current bylaws of the

association and make those bylaws available at the head office of the association

for inspection by any person during regular office hours.

General meetings

(1) An annual general meeting of the members must be held in accordance with the

bylaws to conduct business of the association.

(2) A special general meeting of the members may be called and held in accordance

with the bylaws.

Use of titles

(1) A member in good standing who is identified in the register as a registered

building official may use the designation "Registered Building Official" or

"Registered Building Inspector" or the initials "RBO" or "RBI".

(2) Except as authorized by this Act, a person must not indicate that he or she is a

registered building official by

(

a) using or displaying the designation "Registered Building Official" or

"Registered Building Inspector" or the initials "RBO" or "RBI", or

(

b) implying, suggesting or holding out in any manner that the person is a

registered building official.

(3) A person other than the association or a member of the association must not use

the name of the association, the former name of the association, the initials

"BOABC" or the initials "BIABC" in any manner intended to imply, suggest or

hold out that the person is a member of or connected with the association.

Inquiry

(1) The executive committee or a designated committee may inquire into the professional conduct and competence of a member or former member to determine if

grounds exist for discipline under

section 14.

(2) A designated committee that inquires under this

section must include at least one

person from the executive committee appointed by the minister if, when the

designated committee starts its inquiry, there are any members of the executive

committee appointed by the minister.

(3) To assist in an inquiry, the executive committee or the designated committee may

require in writing

(

a) that the member or former member who is the subject of the inquiry answer

questions, provide information and produce documents or other things for

examination, and

(

b) if there are reasonable and probable grounds to believe that another member

possesses information, documents or other things relevant to the inquiry,

that that member provide and produce them.

(4) On application to the Supreme Court by the association, if the court is satisfied

that it is relevant to and reasonably required for an inquiry under this section, the

court may order that a person produce any record or other thing to an officer of

the association.

(5) For the purposes of an inquiry, the executive committee or a designated

committee may hold a hearing, and for that hearing has the same power as the

Supreme Court has for the trial of civil actions to

(

a) summon and enforce the attendance of a witness, or a member or former

member who is the subject of the inquiry,

(

b) compel a witness, or a member or former member who is the subject of the

inquiry, to give evidence on oath or in any other manner, and

(

c) compel a witness, or a member or former member who is the subject of the

inquiry, to produce records and other things in his or her possession or

control.

(6) A person is liable to be committed for contempt, on application to the Supreme

Court as if in breach of an order of the Supreme Court, if the person fails or

refuses to do any of the following in relation to a hearing under this section:

(

a) to attend;

(

b) to take an oath or affirmation;

(

c) to give evidence;

(

d) to produce records or other things in that person's possession or control.

(7) A person who is the subject of an inquiry under this

section has the right, at that

person's own expense, to be represented by counsel.

Discipline

(1) After an inquiry, the executive committee or the designated committee may

exercise one or more of the powers under subsection (2) or (3) if it makes any of

the following findings in respect of a member or former member:

(

a) the member or former member has contravened this Act or the bylaws;

(

b) the member or former member has failed to comply with a limit or condition

imposed under this Act;

(

c) the member or former member has committed professional misconduct;

(

d) the member or former member is incompetent to perform, as a member, the

function of building official, building inspector, plan reviewer or a similar

function;

(

e) the member or former member suffers from a physical or mental ailment, an

emotional disturbance or an addiction to alcohol or drugs that impairs his or

her ability to perform, as a member, the function of building official,

building inspector, plan reviewer or a similar function.

(2) If the executive committee or the designated committee makes a finding under

subsection (1) in respect of a member it may, by order, do one or more of the

following:

(

a) reprimand the member;

(

b) suspend the member;

(

c) impose limitations or conditions on the continuance of membership;

(

d) revoke the certification of the member as a registered building official;

(

e) expel the member;

(

f) if it expels the member, impose limitations or conditions on the member

resuming his or her membership;

(

g) impose a fine that the member must pay to the association;

(

h) require that the member pay to the association within a specified period of

time the costs of the inquiry including costs incurred by a complainant or

witness.

(3) If the executive committee or the designated committee makes a finding under

subsection (1) in respect of a former member it may, by order, do one or more of

the following:

(

a) reprimand the former member;

(

b) impose limitations or conditions on the former member resuming his or her

membership;

(

c) impose a fine that the former member must pay to the association;

(

d) require that the former member pay to the association within a specified

period of time the costs of the inquiry including costs incurred by a

complainant or witness.

(4) A fine imposed under subsection (2) (

g) or (3) (

c) may be imposed in accordance

with the bylaws, but must not be greater than $10 000.

Appeals

(1) A person aggrieved by a decision of the executive committee or a designated

committee may appeal the decision to the Supreme Court by way of an

originating application if the executive committee or the designated committee in

making the decision does any of the following:

(

a) refuses to certify a member as a registered building official or to identify a

member as a registered building official on the register;

(

b) imposes any form of discipline under

section 14.

(2) An appeal under this

section must be commenced within 30 days after the date of

the decision.

(3) The Rules of Court respecting originating applications apply to the appeal, but

Rule 49 does not apply.

(4) A petition commencing an appeal under this

section must be served

(

a) on the association, within 14 days of being filed in the court registry,

(

b) on the member or former member who is the subject of the decision

appealed, and

(

c) if the matter relates to a complaint, on the complainant.

(5) The court may, on application, require that the petition be served on any other

persons involved in the decision being appealed.

(6) On request by a person served with a petition under this section, and on payment

of any disbursements and expenses connected with the request, the association

must provide the person with the relevant record of the inquiry or other

proceeding before the executive committee or designated committee.

(7) An appeal under this

section

(

a) must be a new hearing if there is no transcript of the inquiry or other

proceeding in which the decision being appealed was made, or

(

b) must be a review of the transcript and proceeding if there is a transcript,

unless the court is satisfied that a new hearing or the admission of new

evidence is necessary in the interests of justice.

(8) On the hearing of an appeal under this section, the court may do one or more of

the following:

(

a) confirm, vary or reverse the decision;

(

b) refer the matter back to the executive committee or designated committee

that made the decision, with or without directions;

(

c) make any other order it considers appropriate in the circumstances.

(9) A decision of the Supreme Court on an appeal under this

section may be appealed

to the Court of Appeal if leave to appeal is granted by a justice of the Court of

Appeal.

Offence

16 A person who contravenes

section 12 (2) or (3) commits an offence.

Application of Offence Act

Section 5 of the Offence Act does not apply to this Act or to the bylaws.

Injunction

(1) On application of the association and on being satisfied that there is reason to

believe that the Act or the bylaws are or will be contravened, the Supreme Court

may grant an injunction restraining a person from the contravention.

(2) At any time before the court disposes of the injunction proceeding, it may grant

an interim injunction.

Transitional

19 On the coming into force of this Act

(

a) the members in good standing of the Building Officials' Association of British

Columbia immediately before the coming into force of this Act are the members

in good standing of the association under this Act,

(

b) the members of the executive committee of the Building Officials' Association of

British Columbia immediately before the coming into force of this Act are the

members of the executive committee under this Act, and

(

c) to the extent that they are consistent with this Act, the constitution and the bylaws

of the Building Officials' Association of British Columbia as they were

immediately before the coming into force of this Act are continued as the bylaws

of the association under this Act.

Consequential Amendment

Freedom of Information and Protection of Privacy Act

Schedule 3 of the Freedom of Information and Protection of

Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding "Building Officials'

Association of British Columbia" .

Commencement

21 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

[Section 20 of this Bill amends the Revised Statutes of British

Columbia, 1996. The Revised Statutes of British Columbia, 1996 came into force

on April 21, 1997.]

This Act gives the Building Officials' Association of British Columbia

a mandate to promote high standards of knowledge, skill and proficiency in

building inspection, plan review and building regulations administration by its

members,

power to certify its members as registered building officials,

exclusive use of the title of registered building official,

disciplinary powers over its members and former members, and

other powers and protections required to carry out the association's objects.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada