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CODE OF ETHICS
As of 18 October 2010
PART 1 – GENERAL
1. This document shall be known as the Code of Ethics of the Licensing Board of Newfoundland and Labrador Architects.
2. This document has been modeled after the Code of Ethics and Professional Conduct published by the Nova Scotia Association of Architects 22 January 1998.
PART 2 – DEFINITIONS
1. The Association is the Newfoundland and Labrador Association of Architects.
2. A License Holder is a person granted a license to practise architecture by the Board.
PART 3 – CODE OF ETHICS
1. In practicing architecture, a License Holder shall act with reasonable care and competence, and shall apply the knowledge, skill and judgment which is ordinarily applied by License Holders currently practicing in the Province of Newfoundland and Labrador.
2. A License Holder shall remain informed with respect to the practice of architecture in the Province of Newfoundland and Labrador.
3. A License Holder shall undertake to perform professional services only when qualified, together with those whom the License Holder may engage as consultants, by education, training and experience in the specific areas involved.
1. A License Holder shall limit professional practice to areas of personal competence or shall engage others (including staff) who are competent in supplementary areas.
2. Where so governed under Provincial statute, other professionals must be engaged to practise their professions.
3.2 CONFLICT OF INTEREST
1. Except as permitted hereunder and with full disclosure under Section 3.5, a License Holder shall avoid actions and situations where the License Holder’s personal interests conflict or appear to conflict with professional obligations to the public, the client and to other License Holders.
1. A License Holder shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed to and agreed to (such disclosure and agreement to be in writing) by all interested parties.
2. All parties compensating the License Holder must so agree prior to the License Holder’s rendering services to the second and subsequent parties.
2. A License Holder having a personal association or interest which relates to a project shall fully disclose in writing the nature of the association or interest to the License Holder’s client or employer. If the client or employer objects, then the License Holder will either terminate such association or interest or offer to give up the commission or employment.
1. Personal association includes (but is not limited to) friendship or family relationship; personal interest includes (but is not limited to) direct or indirect potential for financial or material gain.
2. The License Holder is required to make disclosure as soon as there is a personal association or interest, or an awareness of a potential or perceived conflict of interest, to which a client or employer might object.
3. Except as permitted under Clause 5.3.7, a License Holder shall not solicit or accept compensation or benefit from material or equipment suppliers in return for specifying or endorsing their products.
1. Under this Clause, “endorsing” means “accepting” or “approving” for use on a project.
2. Pursuing or receiving a “kickback” is disallowed.
3. A License Holder must make recommendations based on independent professional judgment and uncompromised evaluation.
4. Neither agreement between the parties nor disclosure (in whole or part) of the receipt of benefits in exchange for recommending products will eliminate or waive the License Holder’s conflict of interest under this Clause.
4. A License Holder acting as the interpreter of construction contract documents and reviewing construction for conformance with the contract documents shall render decisions impartially.
1. Regardless of which party in a project’s administrative structure had engaged and pays the License Holder, the License Holder shall interpret construction contract documents impartially, as if disinterested.
5. A License Holder who is a juror or advisor for an approved competition shall not subsequently provide any services to the winner or, if there is not winner, for any derivative commission.
1. This applies equally to a License Holder who was, or who had agreed to serve as, a juror or advisor but was discharged or withdrew.
3.3 FULL DISCLOSURE
1. A License Holder shall disclose if the License Holder has a related personal or business interest when making a public statement on an architectural issue.
1. Personal interest includes (but is not limited to) friendship or family relationship or direct or indirect potential for financial or material gain.
2. A License Holder serving on an advisory design panel or other like committee, reviewing either a proposal’s character or a candidate’s qualifications, must make known any involvement in an application being reviewed or any other relationship that might constitute a conflict of interest and withdraw from the meeting and any discussion or evaluation of the merits of that matter.
2. A License Holder shall accurately represent to the public, a prospective or existing client or employer the License Holder’s qualifications and the scope of the License Holder’s responsibility in connection with work for which the License Holder is claiming credit.
1. An architectural firm’s representations must accurately reflect current principals and staff capacities.
3. A License Holder who, in the provision of services, becomes aware of an action taken by the License Holder’s employer or client, against the License Holder’s advice, which violates applicable building laws or regulations, shall, (i.) refuse, in writing to the employer or client, to consent to the violation; and (ii.) should the employer or client refuse to take action to correct the violation, report the violation, in writing, to the authority having jurisdiction.
1. A License Holder in such a situation must take all reasonable steps to convince such an employer or client to comply with the building laws or regulations.
4. A License Holder shall not knowingly make or assist others to make, either a false or misleading statement or an omission or material fact about education, training, experience or character when applying for or renewing registration as a License Holder.
5. A License Holder who knows of an apparent violation of the Architects Act, Regulations, By-Laws, Code of Ethics, or Board rulings shall report such knowledge to the Association.
1. A License Holder must not withhold information from the Board about an apparent infraction regardless of who might ask the License Holder or require the License Holder under an agreement, to do so.
2. A License Holder acting in the capacity of a mediator or arbitrator, under an agreement which includes a confidentiality provision, is not obliged to report information so received to the Board.
6. Except as prohibited by Clause 5.2.3, a License Holder, whether compensated or not, may permit the License Holder’s name, portrait or reputation to be attached to an endorsement of other’s services or products.
7. A License Holder having a financial interest in any building material or device which the License Holder proposes to specify for a project shall disclose this interest to the client and shall request and receive written approval for such specification from the client and shall include a copy of this approval in the construction contract documents.
1. This permits a License Holder to have a prior or ongoing proprietary interest. The License Holder should also request the License Holder’s staff and sub consultants to make similar disclosures to the License Holder.
3.4 COMPLIANCE WITH LAWS
1. In practicing architecture, a License Holder shall not knowingly violate any law or regulation.
1. A License Holder must not counsel the License Holder’s employees, consultants or associates knowingly to disregard, violate or otherwise abuse any bylaw, regulation or code affecting the practice of architecture.
2. A License Holder shall neither offer nor make any payment or gift to a public official (whether elected or appointed) with the intent of influencing the official’s judgment in connection with a prospective or existing project.
1. A License Holder must not offer or provide a bribe or “kickback” to any person.
2. Nominal entertainment and hospitality expenditures by a License Holder hosting a public official are permitted.
3. A License Holder shall comply with the Architects Act of Newfoundland and Labrador, the Regulations under the Architects Act, By-Laws, Code of Ethics, and Board rulings.
1. A License Holder must not directly or indirectly condone or encourage contravention of the License Holders’ Act, Regulations and The Board rulings by others.
4. In practicing architecture, a License Holder shall take into account all applicable federal, provincial and municipal building laws and regulations and a License Holder may rely on the advice of other professionals and other qualified persons as to the intent and meaning of such regulations.
1. Each office maintained for offering architectural service to the public shall have a License Holder who has direct knowledge and supervisory control of the services.
1. A License Holder’s site or auxiliary office for a specific project is a convenient extension of the base office for a single project and is not itself permitted to offer or to provide independent architectural services to the public.
2. Proposals of service; agreements; assurances; certifications; official submissions to authorities having jurisdiction; and other representations on behalf of an architectural firm must be made by a License Holder.
3. When an authority having jurisdiction receives a formal presentation (e.g., to a design panel, public hearing, advisory commission or elected body) on an architectural matter, the presentation shall be made by (or under the attending, personal supervision of) a License Holder.
2. A License Holder shall seal the License Holder’s work in accordance with the requirements of the Architects Act, Regulations, By-laws, Code of Ethics, and Board rulings.
1. A License Holder’s seal is to be applied only by that License Holder and is to be used only on documents prepared by the License Holder personally or by other persons under the License Holder’s supervision, direction and control.
3. A License Holder shall neither offer nor make any gifts, other than of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of a prospective client in connection with a project in which the License Holder is interested.
1. A License Holder must not offer or provide a bribe or “kickback” to any person.
4. A License Holder shall not engage in conduct involving fraud or wanton disregard of the rights of others.
5. A License Holder shall conduct the License Holder’s affairs in a professional manner and refrain from any act which would reflect unfavorable on the profession as a whole.
1. A License Holder’s conduct towards other License Holders shall be characterized by courtesy and good faith.
2. A License Holder shall give due regard to the professional obligations of those from whom the License Holder receives or to whom the License Holder gives authority, responsibility or employment, or of those with whom the License Holder is professionally associated.
3. A License Holder shall give due regard for the interests of both those who commission and those who may be expected to use or be exposed to the product of the License Holder’s services.
4. A License Holder who engages in any profession, business or occupation concurrent with the practice of architecture must not allow such outside interests to jeopardize or come into conflict with the License Holder’s professional integrity or obligations.
5. Dishonorable conduct in the professional or private life of a License Holder which reflects adversely on the integrity of the profession must be avoided.
6. A License Holder shall not falsely or maliciously injure the professional reputation or business prospects of another License Holder.
7. A License Holder shall not supplant or attempt to supplant another License Holder after the other License Holder has been retained or definite steps have been taken toward the other License Holder’s retention.
8. A License Holder may only accept a commission for a project when the services of any License Holder previously retained for the project have been terminated.
1. A License Holder, on being either approached or instructed to proceed with services for which the License Holder knows or can ascertain by reasonable inquire that another License Holder is or has been engaged by the same client, shall notify the other License Holder in writing of that fact.
2. The foregoing notwithstanding, there are several necessary pre-conditions to a “successor” firm’s providing services which are based upon and which continue and complete those initiated by its predecessor: (i.) there must have been no supplanting of the original firm by a successor firm; (ii.) the resignation or termination of the original firm must have been done in accordance with the terms of its client/architect agreement; (iii.) the original owner must have paid for the services of the original firm; (iv.) in the case of property transfer to a new owner, there must have been legal acquisition by the new owner of the original architectural firm’s copyright and drawings (either directly from the original firm or from the original owner, if that owner was legally entitled to sell them).
9. A License Holder may only provide the same service for the same client on the same project as another License Holder through the medium of an approved competition.
1. The “same client” includes technically different clients, authorities or departments connected to or part of a broader client.
2. Any attempt to circumvent the Regulations by sequential engagement and disengagement of a series of License Holders is considered a non-approved form of competition.
10. Except in an approved competition, a License Holder shall provide no form of service until retained and in receipt of the client’s instructions.
1. Speculative services to lure or entice a client, or “loss leaders,” are not permitted.
2. Prior to being retained, a License Holder is not permitted to provide solutions, suggestions, ideas or evidence of same (in any format) which have value to the client or upon which the client might be expected to rely.
3. A License Holder has a duty to communicate with a client and to keep a client reasonable informed.
4. A License Holder who provides personal input to a public organization, occupies political office or is a board or committee member (on either a paid or voluntary basis) must not provide any form of architectural services to that organization in that capacity (but may do so in accordance with Clause 3.5.16).
11. An approved architectural competition is either a competition conducted according to the current “Canadian Rules for the Conduct of Architectural Competitions” or an alternate arrangement, specifically approved in writing by the Association, that assures equitable treatment and equal and adequate remuneration to participating License Holders.
1. Prior to a License Holder’s participation, a architectural competition’s “approved” status must be confirmed with the Association.
2. A License Holder invited to participate in a non-approved architectural competition must decline the invitation and advise the Association of the competition.
12. A License Holder’s conduct when participating in an approved competition must comply with the “Canadian Rules for the Conduct of Architectural Competitions” or as directed by the Association.
13. A License Holder shall not attempt to influence the awards of an approved competition, except as a jury member
1. Any actions which involve bribery, pressure or unusual contact with the competition authorities are prohibited.
14. A License Holder shall not attempt to obtain a commission to be awarded by an approved competition, except as an entrant.
15. A License Holder receiving monies for services provided by others shall not use such monies for the License Holder’s own purposes, and shall distribute them promptly to those so entitled.
1. The Clause requires a License Holder to fulfill the expectation that funds received by a License Holder on behalf of others will be properly managed.
2. Receiving monies for services provided by others would include fees or disbursements invoiced to a client for project-related services, provided under contract to the License Holder by sub consultants and suppliers. This provision does not apply to employees of the License Holder.
3.6 SERVICES RELATED TO FIRMS
1. A License Holder who chooses to provide direct supervision to a firm referenced in Section 13(2) of the Architects Act must be either an employee or contract employee of the firm, and shall limit the direct supervision to that firm, and any partnership and joint venture that the firm is a member of.
1. The License Holder agrees to notify the Board 30 days in advance of the name of the firm, and where direct supervision is provided to any partnership or joint venture that the firm is a member of, then the name of the partnership or joint venture; and to notify the Board immediately when direct supervision ceases.
2. Where the License Holder is a employee or contract employee of more than one firm, direct supervision shall be provided to only one firm and any partnership or joint venture that the firm is a member of.
2. A License Holder who, in the provision of services to a firm operating under Section 13 of the Architects Act, suspects that the offering and provision of architectural services are not being made under the direct supervision of a License Holder, shall, immediately stop providing architectural services to the firm until such time as the License Holder is satisfied that the required direct supervision is being performed by a License Holder.
3. A License Holder shall not provide architectural services or supervision to any firm who offered or provided architectural services and, in the preceding six months, failed to meet the requirements of Section 13 of the Architects Act.
PART 4 – APPROVAL OF THE CODE OF ETHICS
4.1 This is to certify this document is the official record of the Code of Ethics of the Licensing Board of Newfoundland and Labrador License Holders as of the date prescribed below.
1. Signature of the Chairman:
2. Signature of the Registrar: