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Chartered Accountants Act, 2010

S.O. 2010, CHAPTER 6
Schedule C

Consolidation Period: From October 25, 2010 to the e-Laws currency date.

Last amendment: 2010, c. 15, s. 216.

SKIP TABLE OF CONTENTS

CONTENTS

Definitions and Interpretation

1.

Definitions

2.

Interpretation – rights not affected

The Institute

3.

Institute continued

4.

Objects of the Institute

5.

Meetings of the Institute

The Council

6.

Council of the Institute

7.

Vacancy

8.

Officers of the Institute

9.

Committees

10.

Delegation

Membership

11.

Membership

12.

Restrictions, conditions

13.

Classes

14.

Designation and initials

15.

Initials

16.

Restriction

17.

Refusal, restrictions or conditions

18.

Suspension of membership

19.

Continuing jurisdiction

20.

Honorary members

Firms

21.

Registration of firms

22.

Restrictions, conditions

23.

Application of Act and by-laws

24.

Continuing jurisdiction

25.

Limited liability partnerships

26.

Professional corporations

Prohibitions

27.

Prohibitions

28.

Offence and penalty

29.

Costs

30.

Limitation

31.

Order prohibiting contravention

32.

Offences under the Public Accounting Act, 2004

Complaints and Discipline

33.

Complaints committee

34.

Decision of complaints committee

35.

Discipline committee

36.

Preliminary suspension, restrictions

37.

Appeal committee

38.

Costs

39.

Application to former members

Practice Inspections

40.

Practice inspections

41.

Costs

Capacity

42.

Interpretation – “incapacitated”

43.

Investigation

44.

Application

45.

Appeal

Investigation and Inspection Powers

46.

Investigators

47.

Inspectors

48.

Proof of appointment

49.

Powers

50.

No obstruction

Custodianship

51.

Application

52.

Custodianship order

53.

Compensation

54.

Variation or discharge

55.

Application to former members

Miscellaneous

56.

Register

57.

Registrar’s certificate as evidence

58.

Duty of confidentiality

59.

Disclosure to public authority

60.

Persons not compellable

61.

Documents not admissible

61.1

Regulations

62.

Protection from liability

By-laws

63.

By-laws

64.

When by-law effective

65.

Transition

Definitions and Interpretation

Definitions

1.  In this Act,

“appeal committee” means an appeal committee established by the by-laws; (“comité d’appel”)

“by-laws” means the by-laws made under this Act; (“règlements administratifs”)

“capacity committee” means the capacity committee established by the by-laws; (“comité de détermination de la capacité”)

“complaints committee” means the complaints committee established by the by-laws; (“comité des plaintes”)

“council” means the council of the Institute; (“conseil”)

“discipline committee” means the discipline committee established by the by-laws; (“comité de discipline”)

“document” includes data and information in electronic form; (“document”)

“firm” means an entity registered under section 21 as a firm; (“cabinet”)

“Institute” means The Institute of Chartered Accountants of Ontario; (“Institut”)

“limited liability partnership” means a limited liability partnership as defined in the Partnerships Act; (“société à responsabilité limitée”)

“professional corporation” means a corporation incorporated under the Business Corporations Act that is established by one or more members of the Institute; (“société professionnelle”)

“public accountant” and “public accounting” have the same meanings as in the Public Accounting Act, 2004; (“expert-comptable”, “expertise comptable”)

“registrar” means the registrar of the Institute appointed by the council; (“registrateur”)

“student” means an individual registered as a student of the Institute in accordance with the by-laws. (“stagiaire”) 2010, c. 6, Sched. C, s. 1.

Interpretation – rights not affected

2.  This Act does not affect or interfere with the right of any person who is not a member of the Institute to practise as an accountant. 2010, c. 6, Sched. C, s. 2.

The Institute

Institute continued

3.  (1)  The Institute of Chartered Accountants of Ontario is continued as a corporation without share capital under the name The Institute of Chartered Accountants of Ontario in English and Institut des comptables agréés de l’Ontario in French. 2010, c. 6, Sched. C, s. 3 (1).

Composition

(2)  The Institute is composed of its members. 2010, c. 6, Sched. C, s. 3 (2).

Powers, etc., of natural person

(3)  For the purpose of carrying out its objects, the Institute has the capacity and the rights, powers and privileges of a natural person. 2010, c. 6, Sched. C, s. 3 (3).

Implied provisions do not apply

(4)  Section 92 (implied provisions for corporations) of the Legislation Act, 2006 does not apply to the Institute. 2010, c. 6, Sched. C, s. 3 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 3 is amended by adding the following subsection:

Application of Not-for-Profit Corporations Act, 2010

(5)  The Not-for-Profit Corporations Act, 2010 does not apply to the Institute, except as may be prescribed by regulation. 2010, c. 15, s. 216 (1).

See: 2010, c. 15, ss. 216 (1), 249.

Objects of the Institute

4.  The objects of the Institute are,

(a) to promote and protect the public interest by governing and regulating the practice of individuals and firms as Chartered Accountants in accordance with this Act and the by-laws, including,

(i) establishing, maintaining, developing and enforcing standards of qualification,

(ii) establishing, maintaining, developing and enforcing standards of practice,

(iii) establishing, maintaining, developing and enforcing standards of professional ethics,

(iv) establishing, maintaining, developing and enforcing standards of knowledge, skill and proficiency, and

(v) regulating the practice, competence and professional conduct of individuals and firms as Chartered Accountants;

(b) to promote and increase the knowledge, skill and proficiency of members of the Institute, firms and students;

(c) to promote and protect the welfare and interests of the Institute and of the accounting profession;

(d) to meet and maintain the standards that the Institute, as a designated body within the meaning of the Public Accounting Act, 2004, is required to meet and maintain in order to be authorized to license and govern the activities of its members as public accountants under that Act; and

(e) to promote and protect the public interest by licensing members of the Institute as public accountants and regulating those members and professional corporations as public accountants under the Public Accounting Act, 2004, when authorized under that Act to do so, in accordance with that Act, this Act and the by-laws. 2010, c. 6, Sched. C, s. 4.

Meetings of the Institute

Annual meetings

5.  (1)  The Institute shall hold an annual meeting of the members of the Institute in accordance with the by-laws. 2010, c. 6, Sched. C, s. 5 (1).

General meetings

(2)  The Institute or the council may at any time call a general meeting of the members of the Institute in accordance with the by-laws. 2010, c. 6, Sched. C, s. 5 (2).

The Council

Council of the Institute

6.  (1)  The council of the Institute is continued and shall manage and administer the Institute’s affairs in accordance with this Act and the by-laws. 2010, c. 6, Sched. C, s. 6 (1).

Composition

(2)  The council shall be composed of,

(a) no more than 16 individuals, as fixed by the by-laws, who are members of the Institute and who are elected by members of the Institute in accordance with the by-laws; and

(b) four individuals who are not members of the Institute or of a self-regulating accounting body and who are appointed by the Lieutenant Governor in Council. 2010, c. 6, Sched. C, s. 6 (2).

Deemed reappointment

(3)  An individual whose appointment under clause (2) (b) expires is deemed to have been reappointed until his or her successor takes office. 2010, c. 6, Sched. C, s. 6 (3).

Vacancy

7.  (1)  If the seat of an elected member of the council becomes vacant, the council shall fill the vacancy for the remainder of the member’s term in accordance with the by-laws. 2010, c. 6, Sched. C, s. 7 (1).

Same

(2)  For the purposes of subsection (1), an elected member’s seat becomes vacant,

(a) if the member dies or resigns;

(b) if the member is removed from the council in accordance with the by-laws; or

(c) for any other reason specified by the by-laws. 2010, c. 6, Sched. C, s. 7 (2).

Officers of the Institute

8.  (1)  The council shall elect from among its members the officers specified by the by-laws to be elected. 2010, c. 6, Sched. C, s. 8 (1).

Same

(2)  The council shall appoint as officers of the Institute,

(a) a President and Chief Executive Officer;

(b) a registrar; and

(c) any other officers specified by the by-laws to be appointed. 2010, c. 6, Sched. C, s. 8 (2).

Acting registrar

(3)  The registrar may designate in writing an individual identified by the council for the purpose to exercise the powers and perform the duties of the registrar in his or her absence. 2010, c. 6, Sched. C, s. 8 (3).

Committees

9.  (1)  The council shall by by-law establish a complaints committee, a discipline committee, a capacity committee and one or more appeal committees, and may establish additional committees as it considers appropriate. 2010, c. 6, Sched. C, s. 9 (1).

Terms, conditions of appointment

(2)  The council shall appoint the members of any committee established under this Act for the term and on the conditions that the council determines. 2010, c. 6, Sched. C, s. 9 (2).

Panels

(3)  The by-laws may authorize a committee to sit in panels for the purpose of exercising its powers and performing its duties under this Act, and for any other purpose. 2010, c. 6, Sched. C, s. 9 (3).

Same

(4)  A decision of a panel of a committee constitutes the decision of the committee. 2010, c. 6, Sched. C, s. 9 (4).

Delegation

Council may delegate

10.  (1)  The council may delegate any of its powers or duties under this Act to one or more committees, the President and Chief Executive Officer of the Institute or the registrar, subject to any restrictions or conditions that the council may specify. 2010, c. 6, Sched. C, s. 10 (1).

Registrar may delegate

(2)  The registrar may delegate any of his or her powers or duties under this Act, other than the power to designate an acting registrar under subsection 8 (3), to one or more employees of the Institute identified by the council for the purpose, subject to any restrictions or conditions that the registrar may specify. 2010, c. 6, Sched. C, s. 10 (2).

Membership

Membership

11.  The registrar shall admit as a member of the Institute any individual who meets the requirements and qualifications for membership that are established by the council. 2010, c. 6, Sched. C, s. 11.

Restrictions, conditions

12.  The right of a member of the Institute to practise as a Chartered Accountant is subject to any restrictions or conditions imposed under this Act. 2010, c. 6, Sched. C, s. 12.

Classes

13.  The council may by by-law establish classes of members, including Fellows and Associates. 2010, c. 6, Sched. C, s. 13.

Designation and initials

Designation

14.  A member of the Institute has the right to use the designation “Chartered Accountant”. 2010, c. 6, Sched. C, s. 14.

Initials

15.  (1)  A member of the Institute has the right to use the initials “C.A.”, “CA”, “A.C.A.” and “ACA”. 2010, c. 6, Sched. C, s. 15 (1).

Same

(2)  In addition, a Fellow of the Institute has the right to use the initials “F.C.A.” and “FCA”. 2010, c. 6, Sched. C, s. 15 (2).

Restriction

16.  The right of a member to use a designation or initials under section 14 or 15 is subject to any restrictions or conditions specified by the by-laws. 2010, c. 6, Sched. C, s. 16.

Refusal, restrictions or conditions

Refusal of membership

17.  (1)  An applicant who is refused membership or candidacy for membership to the Institute may appeal the decision to the appeal committee specified by the by-laws. 2010, c. 6, Sched. C, s. 17 (1).

Restrictions or conditions

(2)  An applicant whose membership in the Institute is granted subject to restrictions or conditions on his or her right to practise as a Chartered Accountant may appeal the decision to the appeal committee specified by the by-laws. 2010, c. 6, Sched. C, s. 17 (2).

Parties

(3)  The parties to an appeal under subsection (1) or (2) are the applicant and the registrar. 2010, c. 6, Sched. C, s. 17 (3).

Powers

(4)  On hearing the appeal, the appeal committee may confirm or vary the decision being appealed, or may substitute its own decision for that of the registrar. 2010, c. 6, Sched. C, s. 17 (4).

Decision final

(5)  The decision of the appeal committee under subsection (4) is final. 2010, c. 6, Sched. C, s. 17 (5).

Suspension of membership

18.  (1)  The registrar may suspend the membership of a member of the Institute for failure to meet a requirement set out in the by-laws within the time set out in the by-laws for the requirement, including a failure to,

(a) pay all or part of any fee or other amount that is payable to the Institute;

(b) provide information or produce documents or other materials required under this Act to be provided or produced, including proof of professional liability insurance; or

(c) successfully complete a professional development course required under this Act to be completed. 2010, c. 6, Sched. C, s. 18 (1).

Same

(2)  A suspension imposed under subsection (1) remains in effect until the earlier of,

(a) the member’s compliance with the requirement that is the subject of the suspension; and

(b) the revocation of the member’s membership under subsection (3) or otherwise. 2010, c. 6, Sched. C, s. 18 (2).

Revocation of membership

(3)  If a suspension imposed under subsection (1) remains in effect for the period specified by the by-laws, the registrar shall revoke the member’s membership. 2010, c. 6, Sched. C, s. 18 (3).

Appeal

(4)  An individual whose membership is suspended or revoked under this section may appeal the decision to the appeal committee specified by the by-laws. 2010, c. 6, Sched. C, s. 18 (4).

Parties

(5)  The parties to an appeal under subsection (4) are the individual and the registrar. 2010, c. 6, Sched. C, s. 18 (5).

Powers

(6)  On hearing the appeal, the appeal committee may confirm or vary the decision being appealed, or may substitute its own decision for that of the registrar. 2010, c. 6, Sched. C, s. 18 (6).

Decision final

(7)  The decision of the appeal committee under subsection (6) is final. 2010, c. 6, Sched. C, s. 18 (7).

Continuing jurisdiction

Former member

19.  (1)  An individual who resigns as a member of the Institute or whose membership is revoked or otherwise terminated remains subject to the continuing jurisdiction of the Institute in respect of an investigation or disciplinary proceeding arising from his or her conduct while a member, subject to subsection (2). 2010, c. 6, Sched. C, s. 19 (1).

Limitation

(2)  No investigation shall be commenced respecting the conduct of an individual referred to in subsection (1) unless the conduct comes to the attention of the Institute before the sixth anniversary of the day on which the individual ceased to be a member. 2010, c. 6, Sched. C, s. 19 (2).

Suspended member

(3)  A member whose membership is suspended remains subject to the continuing jurisdiction of the Institute for all purposes under this Act. 2010, c. 6, Sched. C, s. 19 (3).

Honorary members

20.  The members who are present at a meeting of the members of the Institute may elect an individual to honorary membership in the Institute in accordance with the by-laws. 2010, c. 6, Sched. C, s. 20.

Firms

Registration of firms

21.  The registrar shall accept any of the following entities for registration as a firm in accordance with the by-laws:

1. A partnership, including a limited liability partnership, or other association of members of the Institute.

2. A professional corporation.

3. Any other entity specified by the by-laws. 2010, c. 6, Sched. C, s. 21.

Restrictions, conditions

22.  (1)  The right of a firm to practise as a Chartered Accountant is subject to any restrictions or conditions imposed on it under this Act. 2010, c. 6, Sched. C, s. 22 (1).

Application

(2)  A restriction or condition imposed under this Act on a member of the Institute practising as a Chartered Accountant through a firm applies to the firm in relation to the member’s practice as a Chartered Accountant. 2010, c. 6, Sched. C, s. 22 (2).

Same

(3)  A restriction or condition imposed under this Act on a firm applies to the members of the Institute practising as Chartered Accountants through the firm. 2010, c. 6, Sched. C, s. 22 (3).

Application of Act and by-laws

23.  (1)  This Act and the by-laws apply to a member of the Institute even if the member practises as a Chartered Accountant through a firm. 2010, c. 6, Sched. C, s. 23 (1).

Fiduciary and ethical obligations to clients

(2)  The fiduciary and ethical obligations of a member of the Institute to a person on whose behalf the member is practising as a Chartered Accountant,

(a) are not diminished by the fact that the member is practising through a firm; and

(b) in the case of a member practising through a professional corporation, apply equally to the corporation and to its directors, officers, shareholders, agents and employees. 2010, c. 6, Sched. C, s. 23 (2).

Investigation or inspection

(3)  If a member practising as a Chartered Accountant through a professional corporation is the subject of an investigation or inspection under this Act, the corporation is jointly and severally liable with the member for all fines and costs that the member is required to pay in relation to the investigation or inspection, unless otherwise provided by by-law or by an order of the discipline committee or an appeal committee. 2010, c. 6, Sched. C, s. 23 (3).

Continuing jurisdiction

24.  A firm whose registration is suspended remains subject to the continuing jurisdiction of the Institute for all purposes under this Act. 2010, c. 6, Sched. C, s. 24.

Limited liability partnerships

25.  (1)  Subject to the by-laws, two or more members of the Institute may form a limited liability partnership or continue a partnership as a limited liability partnership for the purpose of practising as Chartered Accountants. 2010, c. 6, Sched. C, s. 25 (1).

Same

(2)  For the purposes of subsection (1), a member of the Institute includes a professional corporation. 2010, c. 6, Sched. C, s. 25 (2).

Partnerships Act

(3)  For greater certainty, this Act is an Act governing a profession for the purposes of section 44.2 of the Partnerships Act. 2010, c. 6, Sched. C, s. 25 (3).

Professional corporations

26.  (1)  Subject to the by-laws, a member of the Institute, or two or more members of the Institute practising as individuals or as a partnership, may establish a professional corporation for the purpose of practising as Chartered Accountants, and the provisions of the Business Corporations Act that apply to professional corporations within the meaning of that Act apply to the corporation. 2010, c. 6, Sched. C, s. 26 (1).

Notice, change of shareholder

(2)  A professional corporation shall notify the registrar of a change in the shareholders of the corporation within the time and in the manner and form specified by the by-laws. 2010, c. 6, Sched. C, s. 26 (2).

Prohibitions

Prohibitions

Prohibition, individuals

27.  (1)  No individual, other than a member of the Institute, shall, through an entity or otherwise,

(a) take or use the designation “Chartered Accountant” or the initials “C.A.”, “CA”, “A.C.A.”, “ACA”, “F.C.A.” or “FCA”, alone or in combination with other words or abbreviations;

(b) take or use any term, title, initials, designation or description implying that the individual is a Chartered Accountant;

(c) practise as a Chartered Accountant; or

(d) otherwise hold himself or herself out as a Chartered Accountant, regardless of whether he or she provides services as a Chartered Accountant to any individual or entity. 2010, c. 6, Sched. C, s. 27 (1).

Exceptions

(2)  Clauses (1) (a) and (b) do not apply if an individual uses a term, title, initials, designation or description when making reference to authentic professional accounting qualifications obtained by the individual from a jurisdiction other than Ontario in,

(a) a speech or other presentation given at a professional or academic conference or other similar forum;

(b) an application for employment or a private communication respecting the retainer of the individual’s services, if the reference is made to indicate the individual’s educational background and the individual expressly indicates that he or she is not a member of the Institute and is not governed by the Institute; or

(c) a proposal submitted in response to a request for proposals, if the reference is made to demonstrate that the individual meets the requirements for the work to which the request for proposals relates. 2010, c. 6, Sched. C, s. 27 (2).

Same

(3)  For the purposes of clause (2) (b), stating the name of the jurisdiction from which the qualifications were obtained after the term, title, initials, designation or description is not sufficient to expressly indicate that the individual is not a member of the Institute and is not governed by the Institute. 2010, c. 6, Sched. C, s. 27 (3).

Prohibition, corporations

(4)  No corporation, other than a professional corporation, shall,

(a) take or use the designation “Chartered Accountant” or the initials “C.A.”, “CA”, “A.C.A.”, “ACA”, “F.C.A.” or “FCA”, alone or in combination with other words or abbreviations;

(b) take or use any term, title, initials, designation or description implying that the corporation is entitled to practise as a Chartered Accountant;

(c) practise as a Chartered Accountant; or

(d) otherwise hold itself out as a Chartered Accountant, regardless of whether it provides services as a Chartered Accountant to any individual or entity. 2010, c. 6, Sched. C, s. 27 (4).

Exception

(5)  Clauses (4) (a) and (b) do not apply if a corporation uses a term, title, initials, designation or description when making reference to authentic professional accounting qualifications obtained by the corporation from a jurisdiction other than Ontario in a proposal submitted in response to a request for proposals, if the reference is made to demonstrate that the corporation meets the requirements for the work to which the request for proposals relates. 2010, c. 6, Sched. C, s. 27 (5).

Non-residents, etc.

(6)  Nothing in this section affects or interferes with the right of a person to use any term, title, initials, designation or description identifying himself or herself as an accountant, if the person does not reside, have an office or offer or provide accounting services in Ontario. 2010, c. 6, Sched. C, s. 27 (6).

Offence and penalty

28.  (1)  Every person who contravenes section 27 is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 2010, c. 6, Sched. C, s. 28 (1).

Application to corporation

(2)  If a corporation is guilty of an offence under subsection (1), every director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is deemed to be a party to and guilty of the offence and on conviction is liable to a fine of not more than $10,000. 2010, c. 6, Sched. C, s. 28 (2).

Probation orders

(3)  On conviction of a person for an offence under this section, the court may prescribe as a condition of a probation order any of the following:

1. That the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.

2. That the person shall not contravene section 27. 2010, c. 6, Sched. C, s. 28 (3).

Costs

29.  (1)  In addition to the fine or any other penalty imposed on conviction for an offence under section 28, the court may order that the convicted person pay to the Institute some or all of the costs reasonably incurred by it in prosecuting the offence and in undertaking any investigation related to the subject matter of the prosecution. 2010, c. 6, Sched. C, s. 29 (1).

Same

(2)  Costs payable under subsection (1) are deemed to be a fine for the purpose of enforcing payment. 2010, c. 6, Sched. C, s. 29 (2).

Limitation

30.  No prosecution for a contravention of section 27 shall be commenced more than two years after the time when the subject matter of the prosecution arose. 2010, c. 6, Sched. C, s. 30.

Order prohibiting contravention

31.  (1)  On application by the Institute, the Superior Court of Justice may make an order prohibiting a person from contravening section 27, if the court is satisfied that the person is contravening or has contravened that section. 2010, c. 6, Sched. C, s. 31 (1).

No prosecution or conviction required

(2)  An order may be made under subsection (1) whether or not the person has been prosecuted for or convicted of the offence of contravening section 27. 2010, c. 6, Sched. C, s. 31 (2).

Variation or discharge

(3)  Any person may apply to the Superior Court of Justice for an order varying or discharging an order made under subsection (1). 2010, c. 6, Sched. C, s. 31 (3).

Offences under the Public Accounting Act, 2004

Limitation on prosecutions

32.  (1)  The Institute shall not commence a prosecution for a contravention of section 13, 14 or 15 of the Public Accounting Act, 2004 with respect to any person who is not a member or former member of the Institute or a firm, except with the consent of The Public Accountants Council for the Province of Ontario. 2010, c. 6, Sched. C, s. 32 (1).

Costs

(2)  If a prosecution by the Institute for a contravention of section 13, 14 or 15 of the Public Accounting Act, 2004 results in a conviction, the reference in section 16 of that Act to the Council shall be read as a reference to the Institute. 2010, c. 6, Sched. C, s. 32 (2).

Complaints and Discipline

Complaints committee

33.  The complaints committee shall review every complaint regarding the conduct of a member of the Institute or a firm and, if the complaint contains information suggesting that the member or firm may be guilty of breaching the rules of professional conduct established by the by-laws, the committee may investigate the matter. 2010, c. 6, Sched. C, s. 33.

Decision of complaints committee

34.  (1)  Following the investigation of a complaint by the complaints committee, the committee may,

(a) direct that the matter be referred, in whole or in part, to the discipline committee;

(b) direct that the matter not be referred to the discipline committee;

(c) negotiate a settlement agreement between the complaints committee and the member or firm and refer the agreement to the discipline committee for approval; or

(d) take any remedial action that it considers appropriate in the circumstances and that is not inconsistent with this Act or the by-laws, including providing guidance to or admonishing the member or firm, but not including any action described in subsection 35 (4). 2010, c. 6, Sched. C, s. 34 (1).

Review of settlement agreement

(2)  If the complaints committee refers a settlement agreement to the discipline committee under clause (1) (c), the discipline committee shall review the agreement and,

(a) approve the agreement; or

(b) reject the agreement and refer the matter back to the complaints committee. 2010, c. 6, Sched. C, s. 34 (2).

Enforcement of settlement agreement

(3)  A settlement agreement that is approved by the discipline committee may be filed in the Superior Court of Justice. 2010, c. 6, Sched. C, s. 34 (3).

Same

(4)  A settlement agreement that is filed under subsection (3) is enforceable as if it were an order of the Superior Court of Justice. 2010, c. 6, Sched. C, s. 34 (4).

Discipline committee

35.  (1)  The discipline committee shall hear every matter referred to it by the complaints committee under clause 34 (1) (a). 2010, c. 6, Sched. C, s. 35 (1).

Parties

(2)  The parties to a hearing under subsection (1) are the complaints committee and the member who or the firm that is the subject of the complaint. 2010, c. 6, Sched. C, s. 35 (2).

Professional misconduct

(3)  The discipline committee may find a member or firm guilty of professional misconduct if the committee determines that the member or firm is guilty of breaching the rules of professional conduct established by the by-laws. 2010, c. 6, Sched. C, s. 35 (3).

Powers

(4)  If the discipline committee finds a member or firm guilty of professional misconduct, it may by order do one or more of the following:

1. Revoke the member’s membership or the firm’s registration.

2. Suspend the member’s membership or the firm’s registration.

3. Impose restrictions or conditions on the right of the member or firm to practise as a Chartered Accountant.

4. Direct the member or firm to pay a fine and specify the timing and manner of payment.

5. Direct the member or firm to take any specified rehabilitative measure, including requiring the member or any member practising as a Chartered Accountant through the firm to successfully complete specified professional development courses or to seek specified counselling or treatment.

6. Refer the matter back to the complaints committee for further investigation, on such terms and conditions as the discipline committee may specify.

7. Require a practice inspection under section 40, on such terms and conditions as the committee may specify.

8. Make any other order that the committee considers appropriate in the circumstances. 2010, c. 6, Sched. C, s. 35 (4).

Combining proceedings

(5)  If two or more proceedings before the discipline committee involve the same member or firm or the same or similar questions of fact, law or policy, the committee may, without the consent of the parties, combine the proceedings or any part of them or hear the proceedings at the same time. 2010, c. 6, Sched. C, s. 35 (5).

Preliminary suspension, restrictions

36.  (1)  The discipline committee may order that the member’s membership or the firm’s registration be suspended, or be subject to any restrictions or conditions that the committee may specify, pending the outcome of a hearing or settlement agreement respecting the matter, if there are reasonable grounds to believe that,

(a) there is a significant risk of harm to members of the public or to the public interest; and

(b) making the order would likely reduce the risk. 2010, c. 6, Sched. C, s. 36 (1).

Same

(2)  An order may be made under subsection (1),

(a) at any time after a matter is referred to the discipline committee under clause 34 (1) (a) and before the committee makes a final order under section 35; or

(b) earlier on application by the complaints committee. 2010, c. 6, Sched. C, s. 36 (2).

Parties

(3)  The parties to an application under clause (2) (b) are the complaints committee and the member who or the firm that is the subject of the complaint. 2010, c. 6, Sched. C, s. 36 (3).

Matter must be referred

(4)  If an order under subsection (1) is made before the complaints committee makes a decision under subsection 34 (1) respecting the matter, the complaints committee shall, following its investigation,

(a) refer the matter, in whole or in part, to the discipline committee under clause 34 (1) (a); or

(b) negotiate a settlement agreement with the member or firm and refer the agreement to the discipline committee under clause 34 (1) (c). 2010, c. 6, Sched. C, s. 36 (4).

Appeal committee

37.  (1)  A party to a proceeding before the discipline committee may appeal a final decision or order of the committee under section 35 or an order under section 36 to the appeal committee specified by the by-laws by filing a notice of appeal within the time and in the manner set out in the by-laws. 2010, c. 6, Sched. C, s. 37 (1).

Effect of appeal

(2)  An appeal under subsection (1) does not operate as a stay in the matter unless the appeal committee, on motion by a party, orders otherwise. 2010, c. 6, Sched. C, s. 37 (2).

Same

(3)  In making an order under subsection (2), the appeal committee may impose any restrictions or conditions on the right of the member or firm to practise as a Chartered Accountant that it considers appropriate, pending the outcome of the appeal. 2010, c. 6, Sched. C, s. 37 (3).

Jurisdiction, powers

(4)  The appeal committee may determine any question of law or mixed fact and law that arises in an appeal under subsection (1) and may,

(a) make any decision or order that could have been made by the discipline committee;

(b) order a new hearing before the discipline committee; or

(c) dismiss the appeal. 2010, c. 6, Sched. C, s. 37 (4).

Decision, order final

(5)  A decision or order of the appeal committee under subsection (4) is final. 2010, c. 6, Sched. C, s. 37 (5).

Costs

38.  (1)  The discipline committee may award the costs of a proceeding before it under section 35 or 36 against the member who or firm that is the subject of the proceeding, in accordance with its procedural rules. 2010, c. 6, Sched. C, s. 38 (1).

Same

(2)  An appeal committee may award the costs of a proceeding before it under section 37 against the member who or firm that is the subject of the proceeding, in accordance with its procedural rules. 2010, c. 6, Sched. C, s. 38 (2).

Inclusion of Institute’s costs

(3)  The costs ordered under subsection (1) or (2) may include costs incurred by the Institute arising from the investigation, including any further investigation ordered under subsection 35 (4), prosecution, hearing and, if applicable, appeal of the matter that is the subject of the proceeding. 2010, c. 6, Sched. C, s. 38 (3).

The Chartered Accountants Act, 1956

(4)  An order for costs made under The Chartered Accountants Act, 1956 is deemed to have been validly made if the order was made,

(a) on or after December 6, 2000;

(b) by a committee established by by-laws made under clause 8 (1) (g) or (h) of that Act; and

(c) in respect of a proceeding referred to in subclause 8 (1) (g) (ii) of that Act or an appeal of that proceeding. 2010, c. 6, Sched. C, s. 38 (4).

Same

(5)  The references in subsection (4) to The Chartered Accountants Act, 1956 are to that Act as it read immediately before its repeal. 2010, c. 6, Sched. C, s. 38 (5).

Application

(6)  This section applies despite section 17.1 of the Statutory Powers Procedure Act. 2010, c. 6, Sched. C, s. 38 (6).

Application to former members

39.  Subject to subsection 19 (2), sections 33 to 38 apply with necessary modifications in respect of an individual who resigns as a member of the Institute or whose membership is revoked or otherwise terminated. 2010, c. 6, Sched. C, s. 39.

Practice Inspections

Practice inspections

40.  The Institute may conduct inspections respecting the practices of members of the Institute and firms in accordance with the by-laws. 2010, c. 6, Sched. C, s. 40.

Costs

41.  The costs to the Institute of an inspection respecting the practice of a member or firm shall be borne by the member or firm in accordance with the by-laws. 2010, c. 6, Sched. C, s. 41.

Capacity

Interpretation – “incapacitated”

42.  A member of the Institute is incapacitated for the purposes of sections 43 to 45 if, by reason of physical or mental illness, condition or disorder, other infirmity or addiction to or excessive use of alcohol or drugs, he or she is incapable of meeting his or her obligations under this Act. 2010, c. 6, Sched. C, s. 42.

Investigation

43.  If the Institute receives information suggesting that a member is incapacitated, the registrar may investigate the matter. 2010, c. 6, Sched. C, s. 43.

Application

44.  (1)  Following an investigation under section 43, the registrar may apply to the capacity committee for a determination of whether the member is incapacitated. 2010, c. 6, Sched. C, s. 44 (1).

Parties

(2)  The parties to an application under subsection (1) are the registrar and the member. 2010, c. 6, Sched. C, s. 44 (2).

Medical or psychological examination

(3)  If the capacity committee determines that it is necessary to obtain the opinion of a physician or psychologist in order to determine whether a member is incapacitated, the committee may, on its own or on motion, order the member to undergo a medical or psychological examination. 2010, c. 6, Sched. C, s. 44 (3).

Examining physician, psychologist

(4)  The examining physician or psychologist shall be specified by the capacity committee after giving the parties an opportunity to make recommendations. 2010, c. 6, Sched. C, s. 44 (4).

Failure to comply

(5)  If the member fails to comply with an order under subsection (3), the capacity committee may make an order suspending his or her membership until he or she complies. 2010, c. 6, Sched. C, s. 44 (5).

Assessment

(6)  Following the examination of a member, the physician or psychologist shall provide to the capacity committee,

(a) an assessment of whether the member is incapacitated;

(b) an assessment of the extent of any incapacity; and

(c) any further information respecting the medical or psychological issues in the case. 2010, c. 6, Sched. C, s. 44 (6).

Admissibility

(7)  Information provided by a member to a physician or psychologist during a medical or psychological examination is not admissible in evidence except,

(a) in the application, including any appeal, and in any proceeding in court arising from or relating to the application; and

(b) in an application under section 52 for a custodianship order, including any appeal, and in any proceeding in court arising from or relating to the application. 2010, c. 6, Sched. C, s. 44 (7).

Powers

(8)  If the capacity committee determines that the member is incapacitated, the committee may by order,

(a) suspend the member’s membership;

(b) impose restrictions or conditions on the member’s right to practise as a Chartered Accountant; or

(c) make any other order, other than revoking the member’s membership, that the committee considers necessary to protect the public interest. 2010, c. 6, Sched. C, s. 44 (8).

Appeal

45.  (1)  A party to the application may appeal a decision or order under section 44, or a refusal to make an order under that section, to the appeal committee specified by the by-laws by filing a notice of appeal within the time and in the manner set out in the by-laws. 2010, c. 6, Sched. C, s. 45 (1).

Jurisdiction, powers

(2)  The appeal committee may determine any question of law or mixed fact and law that arises in an appeal under subsection (1) and may,

(a) make any decision or order that could have been made by the capacity committee;

(b) refer the matter back to the capacity committee; or

(c) dismiss the appeal. 2010, c. 6, Sched. C, s. 45 (2).

Decision, order final

(3)  A decision or order of the appeal committee under subsection (2) is final. 2010, c. 6, Sched. C, s. 45 (3).

Investigation and Inspection Powers

Investigators

46.  (1)  The complaints committee may appoint investigators for the purposes of section 33. 2010, c. 6, Sched. C, s. 46 (1).

Same

(2)  The registrar may appoint investigators for the purposes of section 43. 2010, c. 6, Sched. C, s. 46 (2).

Inspectors

47.  The Institute may appoint inspectors for the purposes of section 40. 2010, c. 6, Sched. C, s. 47.

Proof of appointment

48.  Every investigator or inspector who exercises powers under this Act shall, on request, produce written proof of his or her appointment under section 46 or 47, as the case may be. 2010, c. 6, Sched. C, s. 48.

Powers

49.  (1)  In conducting an investigation under this Act, an investigator may,

(a) at any reasonable time, enter and inspect the business premises of the individual or firm under investigation, other than any part of the premises used as a dwelling, without the consent of the owner or occupier and without a warrant;

(b) question and require the individual or anyone who works with the individual, or anyone who works in the firm, as the case may be, to provide information that the investigator believes is relevant to the investigation;

(c) require the production of and examine any document or thing that the investigator believes is relevant to the investigation, including a client file;

(d) on giving a receipt for it, remove any document or thing that the investigator believes is relevant to the investigation for the purposes of making copies or extracts of any document or information, but the making of the copies or extracts shall be carried out with reasonable dispatch, taking into account the scope and complexity of the work involved in making the copies or extracts, and the document or thing shall afterwards be returned promptly to the person from whom it was taken; and

(e) use any data storage, processing or retrieval device or system used in carrying on business on the premises in order to produce a document in readable form. 2010, c. 6, Sched. C, s. 49 (1).

Same

(2)  In conducting an inspection under this Act, an inspector may exercise any of the powers set out in subsection (1), with necessary modifications. 2010, c. 6, Sched. C, s. 49 (2).

No obstruction

50.  (1)  No person shall obstruct an investigator or inspector executing his or her duties or withhold from him or her or conceal, alter or destroy any document or thing relevant to the investigation or inspection. 2010, c. 6, Sched. C, s. 50 (1).

Offence and penalty

(2)  Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000. 2010, c. 6, Sched. C, s. 50 (2).

Application to corporation

(3)  If a corporation is guilty of an offence under subsection (2), every director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is deemed to be a party to and guilty of the offence and on conviction is liable to a fine of not more than $25,000. 2010, c. 6, Sched. C, s. 50 (3).

Custodianship

Application

51.  (1)  Sections 52 to 54 apply to property, wherever it may be located, that is or should be in the possession or control of a member of the Institute in connection with,

(a) the business operations relating to the member’s practice;

(b) the business or affairs of a client or former client of the member;

(c) an estate for which the member is or was executor, administrator or administrator with the will annexed;

(d) a trust of which the member is or was a trustee;

(e) a power of attorney under which the member is or was the attorney; or

(f) a guardianship under which the member is or was the guardian. 2010, c. 6, Sched. C, s. 51 (1).

Same

(2)  An order under subsection 52 (1) applies to property that is or should be in the possession or control of the member before or after the order is made. 2010, c. 6, Sched. C, s. 51 (2).

Interpretation

(3)  For the purposes of sections 52 to 54, property includes client files and other documents. 2010, c. 6, Sched. C, s. 51 (3).

Custodianship order

52.  (1)  On application by the Institute, the Superior Court of Justice may order that all or part of the property that is or should be in the possession or control of a member of the Institute be given into the custody of a custodian appointed by the court. 2010, c. 6, Sched. C, s. 52 (1).

Application without notice

(2)  An application for an order under subsection (1) may be made without notice. 2010, c. 6, Sched. C, s. 52 (2).

Grounds for order

(3)  An order may be made under subsection (1) only if,

(a) the member’s membership has been suspended or revoked;

(b) the member has died or disappeared;

(c) the member is incapacitated within the meaning of section 42;

(d) the member has neglected or abandoned his or her practice without making adequate provision for the protection of his or her clients’ interests;

(e) the member has failed to conduct his or her practice in accordance with any restriction or condition to which he or she is subject under this Act;

(f) there are reasonable grounds for believing that the member has or may have dealt improperly with property that is or should be in the possession or control of the member or any other property; or

(g) there are reasonable grounds for believing that other circumstances exist in respect of the member or his or her practice that make an order under subsection (1) necessary for the protection of the public. 2010, c. 6, Sched. C, s. 52 (3).

Purpose of order

(4)  An order may be made under subsection (1) only for one or more of the following purposes, as specified in the order:

1. Preserving the property.

2. Distributing the property.

3. Preserving or carrying on the member’s practice.

4. Winding up the member’s practice. 2010, c. 6, Sched. C, s. 52 (4).

Custodian

(5)  The court may appoint as custodian,

(a) the Institute; or

(b) a member in good standing of the Institute. 2010, c. 6, Sched. C, s. 52 (5).

Use of agent

(6)  If the Institute is appointed as custodian, it may appoint an agent to act on its behalf. 2010, c. 6, Sched. C, s. 52 (6).

Powers of court

(7)  An order under subsection (1) may,

(a) authorize the custodian to employ or engage any professional or other assistance that is required to carry out the custodian’s duties;

(b) authorize the custodian or the sheriff or any police officer or other person acting on the direction of the custodian or the sheriff to,

(i) enter, by force if necessary, any building, dwelling or other premises, or any vehicle or other place, where there are reasonable grounds for believing that property that is or should be in the possession or control of the member may be found,

(ii) search the building, dwelling, premises, vehicle or place,

(iii) open, by force if necessary, any safety deposit box or other receptacle,

(iv) require any person to provide access to any property that is or should be in the possession or control of the member, and

(v) seize, remove and deliver to the custodian any property that is or should be in the possession or control of the member;

(c) require a police officer to accompany the custodian or sheriff in the execution of the order;

(d) give directions to the custodian regarding the manner in which the custodian should carry out the purposes of the order;

(e) require the member to account to the Institute and to any other person named in the order for any property that the court may specify;

(f) provide for the discharge of the custodian on completion of the custodian’s duties under the order and any subsequent orders relating to the same matter; and

(g) give any other directions that the court considers necessary in the circumstances. 2010, c. 6, Sched. C, s. 52 (7).

Compensation

53.  In an order under subsection 52 (1) or on a subsequent application, the court may make such order as it considers appropriate for the compensation of the custodian and the reimbursement of the custodian’s expenses by the member, whether out of the property held by the custodian or otherwise as the court may specify. 2010, c. 6, Sched. C, s. 53.

Variation or discharge

54.  The Institute, the member or the custodian may apply to the Superior Court of Justice to vary or discharge an order made under subsection 52 (1). 2010, c. 6, Sched. C, s. 54.

Application to former members

55.  (1)  Sections 51 to 54 apply with necessary modifications in respect of an individual who resigns as a member of the Institute or whose membership is revoked or otherwise terminated. 2010, c. 6, Sched. C, s. 55 (1).

Same, property

(2)  Sections 51 to 54 apply to property that is or should be in the possession or control of an individual referred to in subsection (1), before or after he or she ceases to be a member. 2010, c. 6, Sched. C, s. 55 (2).

Miscellaneous

Register

56.  The registrar shall establish and maintain a register of the members of the Institute, firms and students. 2010, c. 6, Sched. C, s. 56.

Registrar’s certificate as evidence

57.  Any statement containing information from the register purporting to be certified by the registrar is admissible in evidence as proof, in the absence of evidence to the contrary, of the information in the statement, without proof of the registrar’s appointment or signature. 2010, c. 6, Sched. C, s. 57.

Duty of confidentiality

58.  (1)  Every person engaged in the administration of this Act and the by-laws shall preserve secrecy respecting information or material that comes to his or her knowledge or possession in the course of his or her duties under this Act or the Public Accounting Act, 2004, and shall not disclose any such information or material to any person except,

(a) to his or her counsel;

(b) with the consent of the person to whom the information or material relates;

(c) to the extent that the information or material is available to the public;

(d) as may be required in connection with the administration of this Act and the by-laws or with any proceeding under this Act; or

(e) as may otherwise be required by law. 2010, c. 6, Sched. C, s. 58 (1).

Offence and penalty

(2)  Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000. 2010, c. 6, Sched. C, s. 58 (2).

Application to corporation

(3)  If a corporation is guilty of an offence under subsection (2), every director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is deemed to be a party to and guilty of the offence and on conviction is liable to a fine of not more than $25,000. 2010, c. 6, Sched. C, s. 58 (3).

Costs

(4)  In addition to the fine, on conviction for an offence under this section, a court may order that the convicted person pay to the Institute some or all of the costs reasonably incurred by it in prosecuting the offence and in undertaking any investigation related to the subject matter of the prosecution. 2010, c. 6, Sched. C, s. 58 (4).

Same

(5)  Costs payable under subsection (4) are deemed to be a fine for the purpose of enforcing payment. 2010, c. 6, Sched. C, s. 58 (5).

Limitation

(6)  No prosecution for a contravention of subsection (1) shall be commenced more than two years after the time when the subject matter of the prosecution arose. 2010, c. 6, Sched. C, s. 58 (6).

Disclosure to public authority

59.  (1)  The Institute may apply to the Superior Court of Justice for an order authorizing the disclosure to a public authority of any information that a person to whom subsection 58 (1) applies would otherwise be prohibited from disclosing under that subsection. 2010, c. 6, Sched. C, s. 59 (1).

Restrictions

(2)  The court shall not make an order under this section if the information sought to be disclosed came to the knowledge of the Institute as a result of,

(a) the making of an oral or written statement by a person in the course of an investigation, inspection or proceeding that may tend to criminate the person or establish the person’s liability to civil proceedings, unless the statement was made at a hearing held under this Act;

(b) the making of an oral or written statement disclosing matters that the court determines to be subject to solicitor-client privilege; or

(c) the examination of a document that the court determines to be subject to solicitor-client privilege. 2010, c. 6, Sched. C, s. 59 (2).

Documents and other things

(3)  An order under this section that authorizes the disclosure of information may also authorize the delivery of documents or other things that are in the Institute’s possession and that relate to the information. 2010, c. 6, Sched. C, s. 59 (3).

Persons not compellable

60.  No person to whom subsection 58 (1) applies shall be compelled to give testimony in any civil proceeding, other than a proceeding under this Act or a judicial review relating to a proceeding under this Act, with regard to information obtained in the course of his or her duties. 2010, c. 6, Sched. C, s. 60.

Documents not admissible

61.  No record of a proceeding under this Act and no document or thing prepared for or statement given at such a proceeding and no decision or order made in such a proceeding is admissible in any civil proceeding, other than a proceeding under this Act or a judicial review relating to a proceeding under this Act. 2010, c. 6, Sched. C, s. 61.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section:

Regulations

61.1  The Lieutenant Governor in Council may make regulations prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to the Institute. 2010, c. 15, s. 216 (2).

See: 2010, c. 15, ss. 216 (2), 249.

Protection from liability

62.  No action or other proceeding may be instituted against the Institute, the council or any committee, any member or former member of the Institute, of the council or of a committee, or any officer, employee or agent of the Institute or of the council for any act done in good faith in the exercise or performance or the intended exercise or performance of any power or duty of the Institute under this Act or the Public Accounting Act, 2004 or for any alleged neglect or default in the exercise or performance in good faith of such power or duty. 2010, c. 6, Sched. C, s. 62.

By-laws

By-laws

63.  (1)  The council may make by-laws necessary or desirable to conduct the business and carry out the objects of the Institute. 2010, c. 6, Sched. C, s. 63 (1).

Same

(2)  Without limiting the generality of subsection (1), the council may make by-laws with respect to the following matters:

1. Governing members of the Institute as Chartered Accountants, including establishing standards of practice, governing the imposition of restrictions and conditions on a member’s right to practise as a Chartered Accountant, establishing classes of members and governing the granting, renewal, suspension and revocation of memberships.

2. Governing the calling and holding of meetings of the members of the Institute, including specifying and limiting the matters that may be considered at an annual meeting.

3. Governing the nomination and election of members of the Institute to the council, including fixing the number of elected members, setting out the qualifications that a member must meet in order to be elected to and serve on the council and setting out terms of office.

4. Governing the election and appointment of officers of the Institute and setting out their powers and duties.

5. Establishing the committees required by this Act and any additional committees, governing the names, composition, powers, duties and quorums of the committees, governing the appointment of individuals to the committees, and authorizing and governing the formation of panels of committees.

6. Delegating any of the council’s powers or duties under this Act to one or more committees, to the President and Chief Executive Officer of the Institute or to the registrar, and specifying restrictions or conditions on the delegation.

7. Governing the registration of members of the Institute as sole proprietorships, including requiring the registration of sole proprietorships, specifying the requirements and qualifications for registration, governing applications for registration and governing the renewal, suspension and revocation of registrations.

8. Governing the registration of entities as firms, including requiring the registration of firms, specifying additional entities that may register as a firm, specifying the requirements and qualifications for registration, governing applications for registration and governing the renewal, suspension and revocation of registrations.

9. Governing firms as Chartered Accountants, including establishing standards of practice, governing the imposition of restrictions and conditions on a firm’s practice, governing the names of firms and governing firms that are limited liability partnerships.

10. Governing the establishment of professional corporations in accordance with section 26 and respecting the notification of a change in the shareholders of those corporations.

11. Respecting any person, partnership or other entity that, in addition to practising as a Chartered Accountant, also practises another profession or provides other services, including requiring that the persons, partnerships and other entities be registered to engage in such activities, governing the registrations and their renewal, suspension and revocation and governing the restrictions and conditions that may be imposed on the registered persons, partnerships and other entities.

12. Respecting the election and rights and duties of honorary members.

13. Governing the resignation of members of the Institute.

14. Governing the reinstatement or readmission of individuals who have resigned or whose membership is suspended or revoked.

15. Governing the conduct of members of the Institute and firms as Chartered Accountants, including,

i. providing for rules of professional conduct, and

ii. governing complaints and discipline, including specifying requirements for the making of complaints.

16. Governing investigations and practice inspections under this Act, including respecting the payment of the costs of an inspection.

17. Governing continuing education and professional development, including providing for the development or approval of continuing education and professional development programs for members of the Institute and requiring members to successfully complete or participate in such programs, and governing the provision of professional development and related services to members and to non-members.

18. Governing individuals as students, including,

i. requiring the registration of individuals as students and governing applications for registration,

ii. respecting the rights and duties of students, and

iii. providing that any provision of this Act or the by-laws apply to students with necessary modifications or subject to such modifications as may be specified by the by-laws.

19. Respecting the minimum requirements for professional liability insurance that must be carried by members of the Institute and by firms.

20. Establishing and governing the payment of fees and other amounts that must be paid to the Institute and exempting any class of individual or entity from all or part of any fee or amount.

21. Respecting matters of procedure for any meeting, process or proceeding under this Act, including providing for the adoption of procedural rules for proceedings before committees under this Act.

22. Providing for the training and recognition of specialists.

23. Providing for the affiliation of the Institute with a university, college, school, corporation or other entity with similar or related objects.

24. Providing for the receipt, management and investment of contributions, donations and bequests from members of the Institute and others for benevolent and charitable purposes.

25. Governing the retention and destruction of information and documents in the possession of the Institute or any officer of the Institute, the council or any committee.

26. Respecting any matter that this Act refers to as a matter that the by-laws may specify, set out, determine or otherwise deal with.

27. Addressing any transitional issues that arise from the repeal of The Chartered Accountants Act, 1956. 2010, c. 6, Sched. C, s. 63 (2).

Same, public accounting

(3)  Without limiting the generality of subsection (1), the council may make by-laws with respect to the following matters:

1. Governing matters relating to meeting and maintaining the standards that the Institute, as a designated body within the meaning of the Public Accounting Act, 2004, is required to meet and maintain in order to be authorized to license and govern the activities of its members as public accountants under that Act.

2. Governing matters relating to the licensing and governance of members of the Institute as public accountants, as permitted by the Public Accounting Act, 2004.

3. Governing matters relating to the practice, through a professional corporation, of public accounting by members of the Institute who are licensed under the Public Accounting Act, 2004 as public accountants, as permitted by that Act.

4. Providing that any provision of this Act or the by-laws apply, with necessary modifications or subject to such modifications as may be specified by the by-laws, with respect to,

i. members of the Institute who are licensed by the Institute under the Public Accounting Act, 2004 as public accountants, or

ii. professional corporations, established by one or more members of the Institute who are licensed by the Institute under the Public Accounting Act, 2004 as public accountants, that hold a valid certificate of authorization under that Act to practise as public accountants. 2010, c. 6, Sched. C, s. 63 (3).

Limitation

(4)  Despite section 64, a by-law made under paragraph 2, 3 or 4 of subsection (3) is of no effect unless the Institute is authorized under the Public Accounting Act, 2004 to license and govern the activities of its members as public accountants. 2010, c. 6, Sched. C, s. 63 (4).

General or particular

(5)  A by-law made under this section may be general or particular in its application. 2010, c. 6, Sched. C, s. 63 (5).

When by-law effective

64.  (1)  A by-law made by the council is effective on and after the day it is made. 2010, c. 6, Sched. C, s. 64 (1).

Approval of by-law by members

(2)  Despite subsection (1), a by-law made by the council does not continue to have effect unless it is approved by the members of the Institute at the earlier of the first annual meeting of the Institute following the making of the by-law and any general meeting at which the by-law is considered. 2010, c. 6, Sched. C, s. 64 (2).

Effect of rejection

(3)  A by-law that is not approved by the members of the Institute in accordance with subsection (2) ceases to have effect on the day on which the approval is withheld. 2010, c. 6, Sched. C, s. 64 (3).

Same, validity

(4)  The rejection of a by-law by the members of the Institute does not affect the validity of any action taken under the by-law while it was in effect. 2010, c. 6, Sched. C, s. 64 (4).

Transition

65.  Every by-law made by the council under The Chartered Accountants Act, 1956 that is in force immediately before the day on which this section comes into force is deemed on that day to be a by-law of the Institute under this Act and shall remain in force, to the extent that it does not conflict with this Act, until it is amended or revoked by by-law under this Act. 2010, c. 6, Sched. C, s. 65.

66., 67.  Omitted (amends, repeals or revokes other legislation). 2010, c. 6, Sched. C, ss. 66, 67.

68.  Omitted (provides for coming into force of provisions of this Act). 2010, c. 6, Sched. C, s. 68.

69.  Omitted (enacts short title of this Act). 2010, c. 6, Sched. C, s. 69.

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