Rules of Professional Conduct

OBOA Rules of Professional Conduct

ARTICLE 12 - RULES OF PROFESSIONAL CONDUCT

12.1 Preamble
The members and Chartered Chapters accept these Rules of
Professional Conduct as a desirable method of achieving increased
professional status for the Association. These Rules are based on
principles that the members and chapters accept as necessary for
maintaining the high standard of behavior to which the membership
adheres. These Rules will be applied under stated guidelines to ensure
the protection of the rights of any member or chapter whose conduct
allegedly violates these Rules.

12.2 Rules
The following shall be the rules of the Association:

(a) No member or chapter shall commit an indictable offence or other

offence prosecuted under indictment under the Criminal Code
(Canada) or similar criminal legislation in the United States of America,
or in any municipality, province, state, district or territory of Canada or
the United States of America, or any other offence which brings
discredit or embarrassment to other Members or chapters of the
Association.

(b) No member or chapter shall commit any offence or serious misconduct

pertaining to the funds and/or property of any branch of government.

the performance of their duties that brings discredit and/or
embarrassment to other Members or the Association.

(d) Members and where applicable, chapters shall resist any

encroachment of stated responsibilities that would interfere with the
legislated duties or members’ freedom to carry out official policies and
handle any problem without discrimination on the basis of principle and
justice.

(e) No Member or chapter shall disclose to others or use to further any

personal interest, confidential information acquired in the course of
stated official duties.

(f) Members and chapters shall strive to maintain the integrity of the

profession and should participate in its activities.

(g) Members and chapters shall observe the Rules of Professional

Conduct set out herein in both spirit as well as in letter.

12.3 Complaints
A complaint that a member or Chapter (hereinafter called the respondent)
has violated the Rules of Professional Conduct shall be made in writing (in
the format provided by the association) to the registrar. The complaint
must contain a clear and concise statement including pertinent dates
outlining the alleged breach of the Rules and must be signed by the
complainant. It is not necessary that the complainant be a member of the
Association. A complaint submitted shall be disposed of by the Rules of
Behaviour Committee within 90 days after the complaint is filed with the
registrar.

12.4 Complaints Committee
The Complaints Committee shall be composed of no fewer than 3
Government Members of the Association appointed to the Committee by
the Board. No person who is a member of the Discipline Committee (or
the Board) shall be a member of the Complaints Committee. The Board
shall name one member of the Complaints Committee to be Chair.

12.5 Complaints Committee - Duties and Powers.

(a) The Complaints Committee shall consider and investigate complaints,

but the Committee under section 12.5(d)(iii) shall take no action
unless:

(i) the respondent whose conduct or actions are being investigated

has been notified of the complaint and given two weeks in which to
submit in writing to the Committee any explanations or
representations the respondent may wish to make concerning the
matter; and

(ii) the committee has examined or has made every reasonable effort

to examine all records and other documents relating to the
complaint.

(b) The Complaints Committee shall be cognisant of frivolous complaints

and shall, at all times, bear in mind spirit of the Rules of Professional
Conduct and the rights of any member whose conduct is allegedly
breaches the Rules.

matters that are more properly considered the affairs of a particular
municipality.

(d) The Committee in accordance with the information it receives may:

(i) direct that the matter be referred, in whole or in part, to the

Disciplinary Committee.

(ii) direct that the matter not be referred under clause i); or

(iii) take such action as it considers appropriate in the circumstances

and that is not inconsistent with the OBOA Act or the Bylaws.

(e) Pursuant to Section 12.5(d)(iii) above, the Complaints Committee may

decide, if the nature of the alleged breach is such in the Committee’s
opinion that it could be remedied through informal discussions with the
complaint and the respondent, then this course of action will be taken.
If this is the case, a member of the Complaints Committee shall be
appointed to approach the Complainant and determine what the
complainant believes should be the outcome of the complaint
procedure. Upon the complainant’s agreement, the appointed
member of the Complaints Committee shall attempt to achieve this
outcome through discussion and/or correspondence with the
respondent, if agreed to by the Complaints Committee, without
resorting to the more formal disciplinary procedure. If the desired
outcome is not achieved, any person may bring the complaint forward
again.

(f) The Committee shall give its decision in writing to the registrar for the

purposes of Section 12.5(g) and, where the decision is made under
Section 12.5(d)(ii), its reasons therefore.

(g) The registrar shall send to the complainant and to the respondent by

prepaid first class mail a copy of the written decision made by the
Complaints Committee and its reasons therefore, if any.

(h) The Committee is not required to hold a hearing or to afford to any

person an opportunity to make oral submissions before making a
decision or giving a direction under this Section 12.5.

12.6 Review of Complaints Committee Action.

(a) The President (or a designate) may examine from time to time the

procedures for the treatment of complaints by the Association.

(b) A complainant who is not satisfied with the handling by the Complaints

Committee of a complaint to the Complaints Committee may apply to
the President for a review of the treatment of the complainant, after the
Complaints Committee has disposed of the complaint.

the merits of any particular complaint made to the Association.

(d) The President has the discretion to decide in a particular case not to

make a review or not to continue a review in respect of the Association
where:

(i) the review is or would be in respect of the treatment of a complaint

that was disposed of by the Association more than twelve months
before the matter came to the attention of the President; or

(ii) in the opinion of the President,

(1) the application to the President is frivolous or vexatious or is not

made in good faith, or

(2) the person who has made application to the President has not a

sufficient personal interest in the subject matter of the particular
complaint.

(e)The President (or the designate) is not required to hold or to afford any

person an opportunity for a Hearing in relation to an examination,
review or report in respect of the Complaints Committee.

(f) The President (or his designate) shall make a Report containing

recommendations to the Board following upon each examination or
review by him in respect of the Complaints Committee’s action.

(g) The Board shall consider each Report, and any recommendations

included in the Report and make final a decision as to any action it
shall take in consequence.

(h) The Board, by resolution, may direct the Discipline Committee to hold

a Hearing and determine any allegations of professional misconduct
on the part of a respondent specified in the resolution.

12.7 Discipline Committee
The Discipline Committee shall be composed of the Immediate Past
President of the Association who assumes the position of chair and three
other members, one of which shall be a Government Member who has not
less than ten years experience as a building official. The other two
persons shall not be members.

All disciplinary decisions require the vote of a majority of the members of
the Discipline Committee.

Three members of the Discipline Committee constitute a quorum.

12.8 Discipline Committee - Duties & Powers

(a) The Discipline Committee shall:

(i) when so directed by the Board or the Complaints Committee, hear

and determine allegations of professional misconduct against a
respondent; and

(ii) perform such other duties as are assigned to it by the Board.

(b) The Committee may find a respondent guilty of misconduct if guilt has

been proven, in the opinion of the Discipline Committee of professional
misconduct as defined in Section 12.2.

misconduct it may, by order:

(i) reprimand the respondent, or

(ii) temporarily suspend the Certification and or Membership of the

respondent and cause forfeiture of their rights and privileges
associated with the use of the CBCO, BCQ and/or ICBO
designation and/or Membership for the determined period, or

(iii) permanently revoke the certification and/or Membership of the

respondent and cause forfeiture of their rights and privileges
associated with the use of the CBCO, BCQ and/or ICBO
designation and/or Membership, or

(iv) in the case of a chapter, temporarily suspend the charter of the

chapter and all associated rights and privileges therein, or

(v) subject to the approval of the President, permanently revoke the

charter of the chapter and all associated rights and privileges
therein.

(d) In the event of an order under 12.8.(c )(iv and v) above, the treasurer

and chair of said chapter shall turn over all monies in the possession
of the chapter as well as the chapter flag and the original charter to the
Chief Administrative Officer upon notification of the order.

(e) The Discipline Committee shall cause an order of the Committee

revoking or suspending the certification and/or Membership of a
respondent to be published, with or without reasons, in the official
publication of the Association with or without the name of the
respondent.

(f) The Discipline Committee shall cause a determination by the

Committee that an allegation of professional misconduct was
unfounded to be published in the official publication of the Association,
upon the request of the respondent against whom the allegation was
made.

(g) Where the Discipline Committee is of the opinion that the

commencement of the proceedings was unwarranted, the Committee
may order that the Association reimburse the respondent for their
costs or such portion thereof as the Discipline Committee fixes.

(h) Where the Discipline Committee revokes or suspends the certification

and/or Membership of a respondent, the order takes effect when the
time for appeal from the order has expired without an appeal being
taken or, if taken, the appeal has been disposed of or abandoned.

12.9 The Proceedings

(a) In proceedings before the Discipline Committee, the Association and

the respondent whose conduct is being investigated in the
proceedings are parties to the proceedings.

(b) A respondent whose conduct is being investigated in proceedings

before the Discipline Committee shall be afforded an opportunity to
examine before the Hearing any written or documentary evidence that
will be produced or any report the contents of which will be given as
evidence at the Hearing.

the Hearing in any investigation of the subject-matter of the Hearing
other than as a member of the Board considering the referral of the
matter to the Discipline Committee or at a previous Hearing of the
Committee, and shall not communicate directly or indirectly in relation
to the subject-matter of the Hearing with any person or with any party
or representative of any party except upon notice to and opportunity
for all parties to participate. The Discipline Committee may seek legal
advice from an advisor independent from the parties and, in such case
the nature of the advice shall be known to the parties, in order that
they may make submissions as to the law.

(d) Hearings of the Discipline Committee shall be closed to the public. If

the party whose conduct is being investigated requests otherwise by a
notice delivered to the registrar before the day fixed for the Hearing,
the Committee shall conduct the Hearing in public except where
sensitive information of persons other than the respondent outweighs
the desirability of holding the Hearing in public.

(e) The oral evidence taken before the Discipline Committee shall be

recorded and, if so required, copies of the transcript thereof shall be
furnished only to the parties involved upon the same terms as the
Ontario Court of Justice.

(f) Nothing is admissible in evidence before the Discipline Committee that

would be inadmissible in a court in a civil case and the findings of the
Discipline Committee shall be based exclusively on evidence admitted
before it.

(g) Where the Discipline Committee finds a respondent guilty of

professional misconduct, a copy of the decision shall be served upon
the person complaining in respect of the conduct or action of the
respondent.

12.10 Hearing in Absentia.

(a) The Discipline Committee shall endeavor to provide every reasonable

opportunity for the respondent to appear in their defense at the
Hearing examining allegations of their misconduct. Nevertheless, in
the event of an unwillingness on the part of the respondent to
cooperate in the setting of a Hearing date or to co-operate in
appearing at the Hearing, the Discipline Committee may then proceed
with the Hearing in the absence of the respondent.

(b) The notice of Hearing and any subsequent notification relating to the

complaint will be addressed to the respondent at the last address left
on file with the Association.

12.11 Notification to the Disciplinary Committee and the Respondent
The Chair of the Disciplinary Committee shall, upon receipt of the
complaint, forward a copy to the members of the Disciplinary Committee
advising the respondent, in writing, of the statement of alleged facts
constituting the breach of Rules of Professional Conduct. The notice to
the respondent shall not identify the complainant.

12.12 Informal Procedure
The Disciplinary Committee shall, at a meeting convened within thirty (30)
days of receipt of the complaint, decide if the nature of the alleged breach
makes it subject to informal resolution. This decision shall be based on
the Disciplinary Committee’s opinion as to whether the alleged breach
could be made by informal discussion by the complainant and the
respondent. If this is the case, a member of the Disciplinary Committee
shall be appointed to approach the complainant and determine what the
complainant believes should be the outcome of the complaint procedure.
Upon the complainant’s agreement, the appointed member of the
Disciplinary Committee shall attempt to achieve this outcome through
discussion and/or correspondence with the respondent, if agreed to by the
Disciplinary Committee, without resorting to the formal complaint
procedure. If the desired outcome is not achieved, any person may bring
the complaint forward again.

12.13 Investigation
In the event that the informal procedure is not applicable or is
unsuccessful, the Disciplinary Committee may appoint one or two of its
members to investigate the complaint. These investigators shall undertake
an objective review of the circumstances surrounding the alleged breach
of Rules of Professional Conduct. The investigators shall offer the
complainant and the respondent an opportunity to submit a written
statement of position or evidence with respect to the allegations. The
investigators shall, within ninety (90) days of the receipt of the complaint,
submit their finding to the Disciplinary Committee. These findings shall not
include any recommendation concerning the complaint.

12.14 Notice of Hearing
Upon receipt of the investigator’s report, the Disciplinary Committee shall
inquire of the respondent whether they wish to attend a Hearing before
said Committee. In the event that the respondent declines or fails to
respond within ten (10) days, the Committee shall convene a Hearing. In
any event, a Hearing shall be held as soon, as is practical.

12.15 Hearing
The Disciplinary Committee shall conduct a Hearing with the purpose of
outlining pertinent facts. Attendance at the Hearing shall be limited to
members of the Disciplinary Committee, the respondent, and their legal
counsel, if applicable, and the Association’s legal counsel, if applicable.
Additional persons may be allowed to attend with the agreement of the
respondent.

12.16 Findings and Decision
Subsequent to the Hearing or subsequent to an admission of a breach of
the Rules by the respondent, the Disciplinary Committee shall make its
findings based on the evidence brought before it at the Hearing. The
decision reached by the Committee shall be limited to:

(a) dismissing the complaint or

(b) reprimanding the respondent or

(c) temporarily or permanently suspending the respondent from the

Association and cause forfeiture of his/her rights and privileges
associated with the Membership.

The Disciplinary Committee shall advise the respondent, in writing, within
ten (10) days of the Hearing of the Committee’s findings. The respondent
may, within fourteen (14) days of the receipt of the Disciplinary
Committee’s findings, apply to the Board of the Association for permission
for a review before the Board. Such a request will be dealt with by the
Board within sixty (60) days and if so agreed to be the Board, a rehearing
will be held as soon as practical. No further appeal to the Board will be
allowed.

In the event that a respondent forfeits their right to use the designations of
the Association, either temporarily or permanently, and still uses any of
the designations in contravention of the Disciplinary Committee’s findings,
they will again be notified, in writing, and advised to desist. If the
respondent then continues to improperly use any of the designations, the
Board has the right to advise any persons that it deems appropriate.

September 25, 2007