Frequently Asked Questions
The following questions and answers are to assist in understanding what impact the transition to the new Professional Governance Act will have on AAA registrants and other interested parties.
General
In May, 2022, the Ministry of Labour and Immigration introduced Bill 23, the Professional Governance Act (PGA), in the Alberta Legislature. This bill went on to pass first and second reading before the Legislature wrapped up their spring session early to move forward with a leadership race. Since then, the Ministry of Labour has been dissolved, and now the Ministry of Advanced Education has the mandate to move this legislation forward.
In December of 2023, the Ministry of Advanced Education met with the professional regulatory organizations that oversee the regulation of the 22 non-health professions (architecture being one of the 22). We were informed that the PGA will be re-introduced in 2024 with a goal of it taking effect upon proclamation at the end of June 2025. These dates have now been adjusted for the PGA to be introduced in the Spring of 2025 to take effect in the Fall of 2025.
The Professional Governance Act and General Regulation will apply equally to all 22 professions. These two pieces of legislation will speak to the framework for professional regulation; the high-level principles for complaints, discipline and appeals; provide regulation and bylaw-making authorities; and speak to rules of professional conduct.
The AAA will have our own customized Schedule that will outline elements very specific to the regulation of the practice of architecture and interior design. This is where entry to practice and protected scope and title details will reside. Much of the content that currently resides within our General Regulation under the Architects Act will move into the new Schedule under the Professional Governance Act.
We will also need to update our Bylaws to reflect the changes in the other pieces of legislation as well as the typical items that a regulatory organization has in their bylaws such as governance matters. The PGA and General Regulation are expected to transfer more authority down into the bylaws, so this is where a considerable amount of the work on this project will reside.
Alberta Advanced Education is responsible for legislation that governs 22 non-health Professional Regulatory Organizations (PROs).
- Accountants (CPA Alberta)
- Agrologists
- Architects
- Consulting engineers
- Engineers, geoscientists and technologists (APEGA and ASET)
- Foresters and forest technologists
- Land surveyors
- Veterinarians and veterinary technologists
Other non-health professionals under POARA (Professional and Occupational Associations Registration Act)
- Alberta Assessors’ Association
- Alberta Association of Landscape Architects
- Alberta Human Ecology and Home Economics Association
- Alberta Professional Planners Institute
- Alberta Shorthand Reporters’ Association
- Alberta Society of Professional Biologists
- Association of School Business Officials of Alberta
- Association of the Chemical Profession of Alberta
- Canadian Information Processing Society of Alberta
- Electrical Contractors Association of Alberta
- Institute of Certified Management Consultants of Alberta
- Society of Local Government Managers of Alberta
- Supply Chain Management Association Alberta
The Architects Act and General Regulation will be repealed and cease to exist. The Professional Governance Act and the subordinate regulations (including profession-specific regulatory schedules) will be the presiding legislation.
Clear purpose statement aligned with governing duties and regulatory responsibilities. The AAA has always maintained a mandate of public interest as a priority, however the PGA includes a more specific purpose statement that confirms that the AAA must govern the professions of architecture and interior design in a manner that protects the public interest and the interest of public safety.
Increased clarity of authority to establish and enforce practice standards. Under our current legislation we establish best practice, but under the PGA we will have more ability to enforce established standards.
Modernized Code of Ethics. Our existing Code of Ethics is currently constrained to what has been outlined in the schedule to the Architects Act General Regulation. An updated Code of Ethics will be separate from legislation and can be updated more regularly to reflect the dynamic nature of the professions.
Delegation of powers. Current legislation is very prescriptive on who does what, which can cause slow downs in the system when someone (such as the Registrar, Chair of Registration Committee or Council) is not immediately available. The draft PGA allows for more delegation of tasks as appropriate, while maintaining responsibility for policy development and oversight with the appropriate authority.
Elimination of administrative burden on Council. Currently every single new registration, and change to practice requires Council review and approval. With the delegation of powers, Council will simply establish requirements and the Registrar and/or administration will be able to approve applications that meet established requirements.
Streamlined registration processes. Ability for AAA to control the process more directly as long as we remain in compliance with the Fair Registration Practices Act. We aim to eliminate the two-step process for registration of firms for example.
Modernized complaints and discipline process. There will be more opportunities for alternative dispute resolution. In the right situation, this may be a more effective and less expensive use of resources than a hearing while still ensuring the public is protected. Complaint hearings will be open to the public (upon registration to attend the online hearing). Some level of public access to discipline information of registrants will be a requirement.
Bylaw making authority. The AAA’s bylaw making authority is significantly expanded by the PGA. Subject to Ministerial oversight, Council will be required to consult on bylaws but will not be required to seek a vote of the membership to make bylaw changes. The PGA purpose statement, the consultation requirement and the continued election of councillors will hold the governing body accountable to the registrants for the bylaw decisions made.
Government oversight. The PGA establishes the potential for more government oversight than under the Architects Act.
Increased ability to update Schedules. Under our current model, a significant amount of details that control the professions exist within the Act and General Regulation. Under the PGA model, the Act and Regulation will provide some specific, but high level direction to all 22 professions. Each profession will have our own Schedule where details related to our particular professions will reside. Making changes to the Schedule will not require approval within the Alberta Legislature, but rather can be made at the Ministerial level. This will allow us to be more nimble in our goal to keep current in an ever-changing profession.
Professional practice implications
The reserved scope of practice for architects and LIDs will remain the same, with some improved clarity as to when an architect or LID is required by law. The government has made it very clear that no major changes will be made, or even welcomed, as part of the transition to the new PGA.
Yes. Under the PGA we are required to have both a Code of Ethics and Standards of Practice. The transition to the new legislation will give AAA an opportunity to develop an updated Code of Ethics.
The Bylaw Task Force has been meeting since September 2023 to work on a set of updates to the Code of Ethics.
AAA has created several practice guides and advisory tools over the years, but we have never had a formalized guide to practice standards. This new legislation provides us with an opportunity to develop a comprehensive Standards of Practice guide that we will be able to maintain in an ever-evolving practice environment.
Registration and licensing
No. Entry to practice requirements for both Registered Architects and Licensed Interior Designers will remain the same.
Yes – Registered Architect and Licensed Interior Designer as well as Intern Architect and Intern Interior Designer will remain protected titles under the new legislation. AAA will retain the right to protect variations of the term “Architect”.
This has yet to be determined, however we are looking for opportunities to streamline our process. The out-dated two-step process is out of synch with the intent of the Fair Registration Practices Act. Stay tuned for more information on this element as we move forward.
As part of the transition, all ongoing matters in process at the time the new legislation takes effect will follow the Alberta Architects Act process until they are completed. Any new applications will be required to follow the new process. The actual registration requirements stay the same.
Continuing education and professional conduct
This will be one area where we will see significant change, although the overall intent will be the same. A modernized complaints and discipline process will benefit both the public and the professionals. Among the changes, we will gain options for alternative complaints resolution. In some instances this could speed up the process for everyone involved and provide outcomes that are satisfactory to all parties.
As we work through the documentation with the Ministry of Advanced Education we will be able to provide more detailed information on this new process with AAA Registrants.
Under legislation AAA will retain the right to determine continuing competency requirements through a professional development program. We are not looking to make any changes to the program at this time.
What will change is the name of the current Professional Development Advisory Committee (to be confirmed) and some administrative elements within their terms of reference.
AAA registrants will not see any differences in PD requirements due to introduction of the PGA. Any future changes will simply be due to the association striving to adapt to the dynamic professional environment and a desire to support our registrants’ ability to stay current.
AAA governance and administration
The Ministry is moving towards more public member engagement in all professional regulatory organizations. AAA currently has two positions for public members on Council. It is quite likely that we will see one or two more positions added under legislation.
The Alberta government appoints public members to professional regulatory governing bodies, committees and tribunals to ensure accountability and to assist the professional regulatory organization with carrying out its responsibilities.
As noted elsewhere, the PGA delegates downwards some elements of governance allowing AAA increased independence to determine the composition of our governing body. As part of a commitment to continuous improvement, the current AAA Council will be reviewing how we are currently functioning and discussing whether there is any desire to make small adjustments.
No. The PGA is intended to provide a consistent framework for self-regulating professions that incorporates best practices of professional governance, including regulation in the public interest. The legislation draws a line between regulation and advocacy so that organizations under the PGA focus their activities on regulating registrants to serve the public interest.
The Ministry of Advanced Education has been working with the 22 professional regulatory organizations (PROs) directly to consult on specifics for each profession. At the same time however, they are focused on making updates that will not require any consultation with the registrants, the public or other interested organizations.
Incorporating multiple PROs under one piece of legislation is a significant undertaking. Currently these PROs are governed under 9 different pieces of legislation. The PGA will bring us all together under one Act, with separate schedules under the Act that apply to each profession.
The Ministry has made it clear that with this first iteration of the legislation, there will be minimal changes. For those professions operating under more recent legislation, the changes will be minimal. For the AAA, our legislation is very old and outdated. By bringing AAA under the PGA we will inevitably see several welcome changes.