Complaints

The Association administers two distinct complaints processes under separate legislation.

Complaints about the conduct or competence of an Association member are addressed under the Building Officials’ Association Act.

Complaints about an unqualified or underqualified individual making compliance decisions about building regulations on behalf of local authorities or local authorities allowing or requiring such individuals to make compliance decisions on their behalf are addressed under the Building Act.

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.

Once submitted, your complaint will be reviewed by staff to ensure that the form is complete and all required information is provided.

The complaint will then be reviewed by the Complaints Committee, which determines whether the complaint is within the Association mandate and requires further review. In all cases, respondent(s) are afforded an opportunity to provide a written response to a complaint and submit relevant supporting information.

If further review is needed, the complaint may be assigned to a Complaints Investigator.  The Investigator may assist the Committee by conducting interviews, reviewing documents or other information, and summarizing findings.

Information submitted by complainant(s), respondent(s), and other parties is treated as confidential and only released with permission or if required by law. In most cases, the Association will ask the complainant and respondent for permission to share information that they submit as part of the investigation to facilitate a timely and fair process for all parties.

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.

Once submitted, your complaint is reviewed to ensure that it is complete and all required information is provided.

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 Building Act, unsubstantiated, frivolous, or vexatious.

If further investigation is required, the complaint will be assigned to a Complaints Investigator. The Investigator may conduct interviews, review, and analyze documents or other information, and summarize findings. The complainant(s) and respondent(s) will be provided with opportunities to be interviewed.  Information submitted by 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.

General FAQ's

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Building Officials' Association Act Complaints FAQ's

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Building Act Complaints FAQ's