Codes and Grievances

The Bylaws of the BCAPA contain a Code of Ethics, a Code of Conduct, and a Grievance Procedure that provides a mechanism for addressing complaints of unprofessional conduct by members. Unprofessional conduct is defined as conduct that violates the bylaws of the society generally and, in particular, the guidelines set out in the Code of Ethics and Code of Conduct, or the operational standards of the society. These bylaws, codes and standards bind all members. The Code of Ethics, Code of Conduct, and Grievance Procedures are excerpted below from the Bylaws of the association.

Click here for the Grievance Form

Part 3 CODE OF ETHICS

10. Part 3 Code of Ethics of these bylaws provides principles of professional conduct for the benefit of the members of the society.

11. All members of the society undertake, as a condition of membership, that they will uphold the society’s constitution and comply with these bylaws.

12. The society subscribes to the following principles:

(1) the archaeological record is the physical remains of past human activity, and as such, members of the society hold it as of importance to all people;

(2) members of the society have a responsibility to work for the preservation and protection of the archaeological record.

13. Members of the society have a responsibility to contribute to the advancement of archaeology by developing professional knowledge and skills, and by sharing this information and experience.

14. Members of the society have a responsibility to conduct themselves with integrity, in accordance with the principles and standards of the society.

Part 4 CODE OF CONDUCT

15. Part 4 of these bylaws elaborates standards of professional conduct for the benefit of the members of the society.

16. Responsibility to the Archaeological Record

A member of the society shall:

(1) not participate in the illicit import, export, or buying and selling of archaeological materials;

(2) avoid and discourage statements that could encourage others to engage in activities that jeopardize the archaeological record;

(3) inform the parties responsible for the management of archaeological resources of any undertaking that is detrimental to the archaeological record;

(4) exercise independent professional judgement.

17. Responsibility to the Public

A member of the society shall:

(1) present archaeology and the results of archaeological investigations to the public in a responsible manner;

(2) encourage the public to comply with heritage legislation.

18. Responsibility to Cultural Groups

A member of the society shall:

(1) strive to respect the archaeological concerns of cultural groups whose histories and/or resources are the subject of investigation;

(2) encourage partnerships with cultural groups in archaeological research, management, and education, based on respect and mutual sharing of knowledge and expertise;

(3) recognize that First Nations have an interest in the protection and management of the aboriginal archaeological record, and its interpretations and presentation;

(4) identify, to the best of his or her ability, those First Nations that have an interest in an area, prior to conducting any archaeological field investigation. In areas where more than one First Nation has an interest, all will be recognized;

(5) inform, to the best of his or her ability, those First Nations who have an interest in an area, prior to conducting any archaeological field investigation, that field work is planned, except where such disclosures contravene an agreement for confidentiality. In areas where more than one First Nation has an interest, all will be informed;

(6) recognize, and make an effort to follow, archaeological protocols, policies, and permit systems established by First Nations, where these do not contravene the Heritage Conservation Act and the Constitution and bylaws of the society;

(7) respect First Nations protocols governing the investigation, removal, curation and reburial of human remains and associated objects;

(8) communicate the results of archaeological investigations to cultural groups in a timely and accessible manner, where such disclosures do not contravene an agreement for confidentiality.

19. Responsibility to the Discipline of Archaeology and the Profession of Archaeology

A member of the society shall:

(1) be familiar with and comply with relevant federal, provincial, and municipal laws and regulations;

(2) be familiar with and comply with the Operational Standards of the society set under Bylaw 22(1);

(3) work toward effective protection of the archaeological record through federal, provincial, and municipal laws and regulations;

(4) stay informed of developments in his or her own field or fields of specialization;

(5) not undertake any archaeological research or services for which he or she is not qualified;

(6) not sign reports or opinions which involve professional judgement unless they were prepared under his or her direct supervision;

(7) disseminate the results of archaeological investigations without undue delay, unless such disclosures contravene an agreement for confidentiality;

(8) not attempt to destroy or distort archaeological data;

(9) not conceal archaeological data, provided that it is not a breach of confidentiality;

(10) not make misleading statements about his or her qualifications and experience;

(11) not purport to represent the society without prior written authorization from the directors;

(12) report violations by members of the society’s Constitution and Bylaws to the society;

(13) agree to provide services only for such commensurate fees as will reasonably allow the member to perform the work to the professional standards required by the society of its members.

20. Responsibility to Other Archaeologists

A member of the society shall:

(1) not refuse a reasonable request for data unless such disclosures contravene an agreement for confidentiality;

(2) take responsibility for his or her own work;

(3) give appropriate credit for work undertaken by others;

(4) not bring the professional reputation of a colleague into disrepute;

(5) review the work of other archaeologists in a fair and professional manner;

(6) not attempt to supplant an archaeologist currently working on a project during the tenure of a contract;

(7) in a formal evaluation of the works of another archaeologist, attempt to notify the archaeologist under review, unless such disclosures contravene an agreement for confidentiality.

21. Responsibility to Clients

A member of the society shall:

(1) not accept compensations for recommending the employment of consulting archaeologist unless such compensation is fully disclosed to clients;

(2) not use confidential information of a non-archaeological nature provided by the client, unless the client consents in writing;

(3) not provide professional services if there is an actual or apparent conflict of interests without full written disclosure;

(4) only levy charges for work performed;

(5) solicit or provide services only if they can responsibly be performed within the time limits agreed upon between the consulting archaeologists and the client.

22. Operational Standards

(1) The society may, from time to time, issue Operational Standards binding on members of the society. The Operational Standards take effect after they have been adopted by a simple majority of the members present at a general meeting or a simple majority of member ballots during a mail-in vote.

(2) The society may, from time to time, issue Notes clarifying, or further defining, the principles and standards of conduct in this Part 4 of the bylaws. These Notes take effect after they have been adopted by a simple majority of the members present at a general meeting or a simple majority of member ballots during a mail-in vote.

Part 5 GRIEVANCE PROCEDURES

23. Protection from Law Suits - The society, its officers, employees, directors or members shall not be liable to a member for anything done in good faith as a result of any proceeding commenced under the bylaws.

24. Complaints Against Members

(1) Any person, including a director of the society, who believes a member of the society may be guilty of unprofessional conduct may make a complaint against the member to a director of the society.

(2) “Unprofessional conduct” is defined as conduct which violates the bylaws of the society generally and in particular, the guidelines set out in Part 3 Code of Ethics and Part 4 Code of Conduct, or the Operational Standards of the society.

(3) A complaint against a member must be made in writing and must include the particulars of the conduct alleged to be unprofessional.

(4) A director shall, upon receipt of a complaint against a member, acknowledge receipt of the complaint and inform the directors of the complaint within seven days of receiving the complaint.

(5) Within thirty days after being informed of the complaint, the directors shall notify all named parties involved of the complaint, shall meet to discuss the complaint and shall vote on appropriate action.

(6) Where the directors consider unprofessional conduct did not occur they shall:

(a) vote no further action shall be taken and prepare a written report describing the reasons for this decision. The report shall be made available to the complainant and the member; or,

(b) select a mutually agreeable facilitator to aid in resolution of the issue and prepare a written report describing the reasons for this decision. This report shall be made available to the complainant and the member.

(7) Where the directors consider unprofessional conduct may have occurred they shall:

(a) appoint a Mediation Committee to mediate between the complainant and the member. The directors shall prepare a written report describing the reasons for this decision and shall distribute their report to the complainant and the member; or,

(b) appoint an Investigation Committee to further investigate the request and prepare a written report describing the reasons for this decision. This report shall be made available to the complainant and the member.

(8) The Code of Conduct and Code of Ethics applies to members who are government regulators 
except that a complaint may not be made by anyone against a member who is a government 
regulator of the Heritage  Conservation Act with regards to their actions carried out in the 
administration of the Heritage Conservation Act.

25. Mediation

(1) A Mediation Committee appointed by the directors under bylaw 24(7)(a) shall consist of three individuals. At least one member of the Mediation Committee shall be a member of the society.

(2) A quorum shall consist of a majority of the members of the Mediation Committee. The Mediation Committee shall fix its own procedure.

(3) The Mediation Committee may, for its duties under the bylaws, employ at expense of the society legal or other services it considers necessary.

(4) The Mediation Committee shall make all attempts to complete its duties within ninety days of its members being confirmed by the directors. If more than ninety days are required to fulfill its duties, the Mediation Committee shall inform the directors of this need prior to this date, stating the reasons for the need in writing and the expected time of completion.

(5) Where the Mediation Committee is satisfied the mediation resolves the complaint and proposes to take no further action, it shall:

(a) prepare a written report describing the mediation and solution; and,

(b) send a copy of the report to the Directors who will distribute the report to the complainant and the member.

(6) Where the Mediation Committee is satisfied a complaint cannot be resolved through mediation it shall:

(a) prepare a written report describing the mediation process; and,

(b) send a copy of the report to the directors who will distribute the report to the complainant and the member.

(7) The directors within twenty-one days of the receipt of a report stating that mediation is unsuccessful shall initiate the process to appoint an Investigation Committee to investigate the complaint.

26. Investigation Committee

(1) An Investigation Committee appointed by the directors under Bylaw 24(7)(b) or Bylaw 25(7) shall consist of three individuals. At least one member of the Investigation Committee shall be a member of the society and at least one member shall not be a member of the society.

(2) A quorum shall consist of a majority of the members of the Investigation Committee.

(3) The Investigation Committee may, for its duties under the bylaws, employ at expense of the society legal or other services it considers necessary.

(4) The Investigation Committee has the right to compel members of the society to respond and produce documents necessary for the investigation.

(5) The Investigation Committee may at its discretion delay the procedure pending the outcome of any private civil dispute between the complainant and the member.

(6) In the event that subsection (5) does not apply, the Investigation Committee shall make all attempts to complete its duties within ninety days of its members being confirmed by the directors. If more than ninety days are required to fulfill its duties, the Investigation Committee shall inform the directors of this need prior to this date, stating the reasons for the need in writing and the expected time of completion.

(7) Where the Investigation Committee is satisfied the member has not engaged in unprofessional conduct, it shall:

(a) prepare a written report describing the information upon which its decision is based and stating the reasons for not proceeding with disciplinary action; and,

(b) send a copy of the report to the directors who will distribute the report to the complainant and the member.

(8) Where the Investigation Committee is satisfied the member has engaged in unprofessional conduct, it shall order a disciplinary hearing into the conduct of the member by directing the directors to issue a citation against the member.

27. Disciplinary Hearing

(1) A citation issued under bylaw 26(8) shall set out the particulars of the complaint or matter of inquiry and shall be served on the member (the “respondent”).

(2) Upon issuing the citation, the directors shall appoint a Disciplinary Panel of five individuals.

(3) The Disciplinary Panel shall consist of members and non-members as the directors in its discretion, may require. No member of the directors or of the Investigation Committee shall be eligible to be appointed to the Disciplinary Panel and at least one member of the Disciplinary Panel shall not be a member of the society.

(4) The directors shall appoint a chairperson of the Disciplinary Panel. The Disciplinary Panel will set its own procedure with the intention of providing the society, the complainant and the respondent with a full and fair hearing.

(5) The Disciplinary Panel shall hold a hearing into a respondent’s conduct at which the society and the respondent have the right to be represented by legal counsel.

(6) At least one month’s written notice of the time and place of the hearing shall be served on the respondent and the complainant.

(7) The Disciplinary Panel has the right to compel members of the society to respond and produce documents necessary for a full hearing.

(8) If the respondent fails to attend, on proof of service of notice, the Disciplinary Panel may proceed with the hearing in the respondent’s absence and make its findings and its determination without further notice to the respondent.

(9) The Disciplinary Panel may at its discretion delay the procedure pending the outcome of any private civil dispute between the complainant and the respondent.

(10) A Disciplinary Panel shall at the conclusion of its hearing, make a determination whether or not a respondent has engaged in unprofessional conduct.

(11) A Disciplinary Panel shall decide any matter by a majority and the decision f the majority of Panel members is the decision of the Panel.

28. Discipline Resolution

(1) Where at the completion of the hearing a Disciplinary Panel is satisfied that a respondent has engaged in unprofessional conduct, it may do one or more of the following:

(a) reprimand the respondent;

(b) declare the respondent a member not in good standing of the society;

(c) expel the respondent from the society;

(d) make an award of costs against the respondent of any mediation, investigation, hearing or other proceedings under Part 5 Grievance Procedures of these bylaws.

(2) Where a Disciplinary Panel declares a respondent a member not in good standing under bylaw 28(1)(b), the Panel shall require the respondent to undertake specific remedial action on or before a date fixed by the Panel. If the respondent does not complete remedial action to the satisfaction of the Panel by the date specified by the Panel, then the Disciplinary Panel may:

(a) extend the time period for completion of the remedial action; or,

(b) expel the member from the society.

If the member completes the remedial action on or before the date specified by the Panel to the satisfaction of the Panel, the Panel shall declare that the respondent is no longer a member not in good standing under the terms of its former determination.

(3) Where at the completion of the hearing a Disciplinary Panel is satisfied that the member has not engaged in unprofessional conduct it shall recommend no disciplinary action be taken.

(4) The Disciplinary Panel shall record its decisions in writing and shall give a copy of its written decision and the reasons for it to the directors. The directors shall deliver a copy of the report to the complainant, the respondent, and the Investigation Committee. The directors may distribute a summary of the findings of the Disciplinary Panel to the membership of the society.

29. Review by the directors

(1) Within 30 days of the report of the Disciplinary Panel, the Investigation Committee or the respondent may request the directors to reconsider the complaint.

(2) The directors may at their sole discretion:

(a) refuse to reconsider the complaint; or,

(b) reconsider the complaint and in doing so may hear further argument and evidence and/or may appoint a Mediation Committee under bylaw 25 above, except that bylaw 25(7) allowing for the appointment of an Investigation Committee will not apply.

(3) If the directors do reconsider the complaint, then the directors may substitute their decision for the decision of the Disciplinary Panel. The decision of the directors on the complaint will be final. If a Mediation Committee appointed under bylaw 29(2)(b) has brought the parties to a mediated solution, then the directors will give effect to the mediated solution.

(4) The directors will prepare a written report of their decision under this bylaw 29 which will include the written report made by a Mediation Committee (if any). The directors will distribute their report under this paragraph to the respondent, the complainant, the Investigation Committee, and the Disciplinary Panel. The directors may distribute a summary of their report to the membership of the society.