Complaints

The Association administers two distinct complaints processes under separate legislation.

1. Building Officials’ Association Act complaints are focused on the competence and conduct of Association members.

2.  Building Act complaints are focused on the whether individuals and their employers are operating in accordance with the regulated scopes of practice for building and plumbing officials.

Further information about the either of these complaints processes or and the scope of the Association mandate is provided below.

Association Mandate

Building Officials’ Association Act Complaints

Building Act Complaints

Frequently Asked Questions

Association Mandate

The Association’s mandate with respect to complaints, discipline and penalties is governed by provincial legislation. You should be aware that this legislation does not provide the Association with a mandate to do the following:

• make compliance decisions for on behalf of qualified officials or local authorities;
• review, vary, overturn or otherwise ‘undo’ compliance decisions made by qualified officials on behalf of local authorities;
• require local authorities or other organizations to update or change operating plans, policies, procedures, processes or systems;
• provide interpretations of the BC Building Code or other codes, technical standards or requirements; and
• resolve disputes between homeowners and homebuilders or contractors.

If you are an owner or permit holder and want to appeal a decision made by a local authority about the application or interpretation of building regulations, you may be eligible to file an appeal with the B.C. Code Appeal Board. This body is established under the Building Act to review local authority decisions on whether a matter conforms with building regulations, including the B.C. Building and Plumbing Codes. Information about how owners and permit holders can submit and appeal, which includes submitting a completed application form, and other information about the appeals process and board itself are found on the Provincial Government website.

If you want an interpretation of the B.C. Building or Plumbing codes, you could request an interpretation from the Code Interpretation Committee. This body is comprised of volunteer experts representing different stakeholders and provides non-binding interpretations of the current BC Building and Plumbing Codes in response to requests received from code users and the general public. The Association hosts the online interpretation request form and a searchable database of previous interpretations.

Building Officials’ Association Act

Complaints filed under the Building Officials’ Association Act (Act) focus on complaints about the professional conduct or competence of a member or former member.  The Code of Ethics and Rules of Professional Conduct provide specific guidance around the meaning of ‘professional conduct or competence’ and can be found in the Association bylaws or attached to the Complaint Submission Form.

Submitting a Complaint

To submit a complaint, you must email a completed Complaint Submission Form to the Association at info@boabc.org.  Please ensure that all requested information is provided, and that relevant supporting information is also included.

Complaint Submission Form

You will receive confirmation from the Association that your complaint has been received along with further information within two business days.

Complaint Process

The complaints process under the Act is set out in sections 32-34 of the Association bylaws.  This process provides a transparent, objective, impartial, timely, fair, and proportional means of addressing complaints.

Before submitting a complaint, you should review information on the Association website and the Complaint Submission Form to understand the purpose and scope of the complaints processes administered by the Association. You can contact the Association at info@boabc.org if you need more information or have any questions.

Once submitted, your complaint will be reviewed by staff to ensure that the form is complete and all required information is provided. The complaint is then reviewed by the Complaints Committee, which determines whether the complaint is within the Association mandate and requires further review. If a complaint is outside of the Association mandate, the committee may choose to close the complaint and provide written notification of that decision to the complainant.

If further review is needed, the committee or a Complaint Investigator may carry out additional investigation and assessment of the complaint. Respondent(s) are afforded an opportunity to provide a response to a complaint and submit relevant supporting information.

Under its bylaws, the Association will not disclose the identity of a complainant unless they have agreed to waive that requirement; however, information about the allegations and other details from the completed Complaint Submission Form will be shared with the respondent(s) so that they can understand the allegations made against them and can provide a response to the complaint. All information associated with complaints is managed in accordance with the Freedom of Information and Protection of Privacy Act.

Once an investigation is complete, findings are reviewed by the Complaints Committee, which decides whether a complaint has merit and should be directed to the Discipline Committee, or the complaint will be closed because the allegations are not supported by evidence or do not constitute a contravention of the Code of Conduct or Rules of Professional Conduct.  The Committee can also choose to address the complaint in another manner that is consistent with the Association bylaws.

The timeline for reviewing complaints will vary depending on the complexity of the complaint and risk to public safety.

Building Act

Under the Building Act (Act), the Registrar, who is an Association employee, is responsible for managing and addressing complaints about:

• unqualified building officials or other persons making compliance decisions about building regulations on behalf of local authorities;
• local authorities that allow or require unqualified persons to make compliance decisions about building regulations on their behalf; or
• providing false information to the Registrar in an application or annual report submitted under the Act.

The Registrar may issue administrative penalties to individuals or local authorities based on the results of their investigation into complaints.

Submitting a Complaint

To submit a complaint, you must email a completed Complaint Submission Form to the Association at info@boabc.org. Please ensure that all requested information, including relevant supporting information, is included.

Complaint Submission Form

You will receive confirmation from the Association that your complaint has been received along with further information within two business days.

Complaint Process

The complaints process under the Building Act is set in the Complaint Management and Administrative Penalties Policy and the associated procedure to establish a transparent, objective, impartial, timely, and fair means of addressing complaints.

Before submitting a complaint, you should review information on the Association website and the Complaint Submission Form to understand the purpose and scope and jurisdiction of the complaints process. You can contact the Association at info@boabc.org if you need more information or have any questions.

Once submitted, your complaint is reviewed to ensure that it is complete and all required information is provided. The Association will contact you to obtain any missing or incomplete information before proceeding with further review of your complaint.

The complaint is then forwarded to the Registrar to determine whether it is within scope of the Act and requires further investigation. The Registrar may, in whole or part, close a complaint at this stage if it is outside the scope of the Act, unsubstantiated, frivolous, or vexatious.

If further investigation is required, the complaint will be assigned to a Complaints Investigator. The complainant(s) and respondent(s) will have opportunities to be interviewed as part of the investigation process. Information collected from complainant(s), respondent(s), and other parties is treated as confidential and only released with permission or if required by law.

Once an investigation is complete, the findings are reviewed by the Registrar, who then decides whether, on a balance of probabilities, the respondent(s) has contravened sections 10(2), 10(3), or 23(2) of the Act. If the Registrar determines that a contravention has occurred, they must also decide whether an administrative penalty is required and, if so, the nature of that penalty.  Before issuing an administrative penalty, the respondent(s) will have an opportunity to provide the Registrar with a written submission explaining how they exercised due diligence in trying to prevent the contravention.  Notice of any administrative penalty would be served to the respondent(s) in writing.

The timeline for reviewing complaints will vary depending on the complexity of the complaint and risk to public safety.

Frequently Asked Questions

 

General FAQ's

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Building Officials' Association Act Complaints FAQ's

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Building Act Complaints FAQ's