The Association administers two complaints processes:
1. Building Officials’ Association Act complaints are focused on the professional competency and conduct of Association members.
2. Building Act complaints are focused on whether individuals and their employers are operating in accordance with the regulated scopes of practice for building and plumbing officials.
Further information about either of these complaints processes and the scope of the Association mandate is provided below.
Building Officials’ Association Act Complaints
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:
- provide financial or other compensation to homeowners, contractors or other parties;
- make compliance decisions 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 an 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 are seeking an interpretation of the B.C. Building or Plumbing codes, you may 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) must relate to 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.
After submitting your complaint form, you will receive confirmation from the Association that your complaint has been received along with further information.
Complaint Process
The complaints process is described under section 13 of the Act and 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. In addition to completing the Complaint Submission Form, you should include additional documentation or other information that relates to the allegations in your complaint.
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 not within the Association mandate, the Committee may choose to close the complaint and provide written notification of that decision to the complainant.
If your complaint is within the Association mandate, the Complaints Committee will investigate the allegations. A complaint investigator may assist the Complaints Committee with conducting an investigation. Respondent(s) must be given an opportunity to provide a response to a complaint and submit their own supporting information.
Under its bylaws, the Association will not disclose the identity of a complainant unless they agree to do so in writing; however, information about the allegations from the completed Complaint Submission Form may be shared with the respondent(s) so that they can understand the allegations made against them and provide a comprehensive response. 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, on a balance of probabilities, been substantiated. Based on this decision, the Complaints Committee may:
- recommend that the complaint, in whole or part, be referred to the Discipline Committee;
- direct that the complaint be closed; or
- take such action as it considers appropriate under the circumstances, and that is not inconsistent with the Act and the bylaws, including the Informal dispute resolution.
The timeline for the Committee to make a decision regarding a complaint will vary depending on variety a of factors, including the current workload of the Committee, complexity of the complaint, responsiveness of the parties involved, and risk to public safety.
A complaint referred to the Discipline Committee will be subject to a hearing pursuant to section 37 of the Association bylaws. The Discipline Committee may impose penalties on members or former members of the Association pursuant to section 14 of the Building Officials’ Association Act and section 36 of the Association bylaws.
A respondent may appeal a penalty imposed by the Discipline Committee pursuant to section 15 of the Building Officials’ Association Act.
Building Act
Under the Building Act (Act), the Registrar, who is an Association employee, is responsible for managing and addressing complaints about:
- a person making compliance decisions about building regulations on behalf of local authorities without holding the required building official qualifications or being an exempt building professional;
- a local authority that allows or requires a person to make compliance decisions on its behalf without being an appropriately qualified building official or exempt building professional;
- a person providing false information to the Registrar in an application or annual report submitted pursuant to 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.
After submitting your complaint form, you will receive confirmation from the Association that your complaint has been received along with further information.
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 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 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 Building Act. If the Registrar determines that the complaint is within scope of the Building Act, information about the complaint will be sent to the respondent(s) for response. The respondent(s) may include supporting information with their response.
After reviewing information provided by the complainant and respondent, the Registrar may consider imposing an administrative penalty if they determine that, on a balance of probabilities, the respondent(s) have contravened the Building Act; initiate an investigation if further information is required; close the complaint; or attempt to resolve the complaint through alternative means.
If further investigation is required, the complaint may be assigned to a Complaints Investigator. The complainant(s) and respondent(s) will be contacted as part of the investigation.
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 Building 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 imposing an administrative penalty on a respondent, the Registrar must consider:
- previous enforcement actions for contraventions of a similar nature by the respondent;
- the gravity and magnitude of the contravention;
- whether the contravention was repeated or continuous;
- whether the contravention was deliberate;
- any economic benefit derived by the respondent from the contravention; and
- the respondent’s efforts to correct the contravention.
The Registrar cannot impose an administrative penalty on a respondent if they exercised due diligence to prevent the contravention of the Building Act. 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 must be served to the respondent(s) in writing.
A respondent may request that the Registrar reconsider the imposition of an administrative penalty pursuant to section 29 of the Building Act. A respondent may also appeal the imposition of an administrative penalty to the Safety Standards Appeal Board pursuant to section 30 of the Building Act.
The timeline for the Registrar to make a decision regarding a complaint will vary depending on a variety of factors, including the number of complaints already under consideration by the Registrar, the complexity of the complaint, responsiveness of the parties involved, and risk to public safety.
Frequently Asked Questions
General FAQs
Anyone can file a complaint through either complaints process administered by the Association. Complaints can be submitted by a homeowner, member of the Association, contractor, representative of a local government, or other individual can file a complaint.
Timelines for reviewing complaints vary depending on the nature and complexity of the complaint, as well as whether the issues identified in the complaint pose any ongoing risk to public safety. The Association will provide complainants and respondents with updates as a complaint progresses through the review process.
No. Under its bylaws, the Association cannot disclose your identity to the respondent or other parties without your permission. The Association will ask that you waive the requirement for non-disclosure of your identity to facilitate an effective review that is transparent and equitable for all parties. You are not required to agree to this request but choosing to remain anonymous may limit the Association’s ability to proceed with your complaint. The Committee may share some or all of the information contained in your submitted Complaint Submission Form with the respondent(s) or other parties while investigating your complaint. All records and information collected by the Association during its review of a complaint is managed in accordance with the Freedom of Information and Protection of Privacy Act.
No. Payment of a fee is not required to submit a complaint.
Building Officials' Association Act Complaints FAQs
Complaints can be filed about any member of the Association under the Building Officials’ Association Act. This includes members working as qualified official for local authorities and members working for other organizations in the building regulatory system.
No. The Complaints Committee is not required to hold in-person hearings before making a decision under section xx of the Association bylaws. That said, the Committee will ensure that the complainant(s) and respondent(s) have appropriate opportunity to provide information related to the complaint through other means.
Contractors and registered professionals are not subject to the Building Officials’ Association Act unless they also happen to be members of the Association. Your concerns may be better addressed by other regulatory bodies or associations that have mechanisms to review complaints about their registrants or members. Association staff can help you find the appropriate organization to address your concerns.
Following an investigation, the Complaints Committee may decide to forward your complaint to the Discipline Committee. The Discipline Committee has authority to impose sanctions on members as authorized under section 14 of the Building Officials’ Association Act.
No. The Association cannot direct a member or local government to take specific actions. Under the Building Officials’ Association Act, the Association may review complaints about the conduct and competency of individual members and impose sanctions where appropriate. None of the sanctions specified by the Act authorize the Association to direct a member or local government to take or not take certain action(s). Further, the policies and practices of local authorities or private organizations are not subject to Association review per section 34(3) of the bylaws.
Building Act Complaints FAQs
Under the Building Act, a complaint must be submitted about a qualified official or other individual or local authority.
No. The Registrar does not need to hold in-person hearings before deciding whether an administrative penalty is warranted in a particular case.
No. Neither the Association nor the Registrar have jurisdiction over registered professionals, contractors or other occupations or organizations practicing within the building regulatory system. Complaints about registered officials should be directed to the appropriate regulatory body and complaints about violations of the BC Homeowner Protection Act by builders or other parties should be referred to BC Housing.
If the Registrar determines that, on a balance of probabilities, the respondent(s) has contravened the Building Act, they may issue an appropriate administrative penalty to the respondent(s). When deciding whether to issue an administrative penalty, the Registrar must consider the following:
- previous enforcement actions for contraventions of a similar nature by the respondent;
- the gravity and magnitude of the contravention;
- whether the contravention was repeated or continuous;
- whether the contravention was deliberate;
- any economic benefit derived by the respondent from the contravention; and
- the respondent’s efforts to correct the contravention.
As set out in the Act, administrative penalties may include a monetary penalty or suspending or cancelling the qualifications of the respondent(s).