Certified General Accountants Act, 2010, S.O. 2010, c. 6, Sched. A

• Jurisdiction: Ontario

Certified General Accountants Act, 2010

S.O. 2010, CHAPTER 6
Schedule A

Historical version for the period October 25, 2010 to May 16, 2017.

Last amendment: 2010, c. 15, s. 214.

CONTENTS

Definitions and Interpretation

Definitions

1 In this Act,

“appeal tribunal” means the appeal tribunal established by the by-laws; (“tribunal d’appel”)

“Association” means The Certified General Accountants Association of Ontario; (“Association”)

“Board” means the Board of Directors of the Association; (“conseil”)

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

“capacity committee” and “capacity tribunal” mean the capacity committee and the capacity tribunal established by the by-laws; (“comité de détermination de la capacité”, “tribunal de détermination de la capacité”)

“certificate of authorization” means a certificate held under this Act authorizing the professional corporation named in it to practise as a Certified General Accountant; (“certificat d’autorisation”)

“complaints committee” means a committee described in paragraph 2 of subsection 10 (1); (“comité des plaintes”)

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

“firm” means an entity registered under section 19 as a firm; (“cabinet”)

“hearing tribunal” means a tribunal described in paragraph 3 of subsection 10 (1); (“tribunal d’audience”)

“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 Association; (“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 Association appointed by the Board; (“registrateur”)

“student” means an individual registered as a student of the Association in accordance with the by-laws. (“stagiaire”) 2010, c. 6, Sched. A, 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 Association to practise as an accountant. 2010, c. 6, Sched. A, s. 2.

The Association

Association continued

3 (1) The Certified General Accountants Association of Ontario is continued as a corporation without share capital under the name The Certified General Accountants Association of Ontario in English and Association des comptables généraux accrédités de l’Ontario in French. 2010, c. 6, Sched. A, s. 3 (1).

Composition

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

Powers, etc., of natural person

(3) For the purpose of carrying out its objects, the Association has the capacity and the rights, powers and privileges of a natural person. 2010, c. 6, Sched. A, 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 Association. 2010, c. 6, Sched. A, 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 Association, except as may be prescribed by regulation. 2010, c. 15, s. 214 (1).

See: 2010, c. 15, ss. 214 (1), 249.

Section Amendments with date in force (d/m/y)

2010, c. 15, s. 214 (1) - not in force

Objects of the Association

4 The objects of the Association are,

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

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

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

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

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

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

(b) to promote and protect the welfare and interests of the Association and of the accounting profession;

(c) to meet and maintain the standards that the Association, 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

(d) to promote and protect the public interest by licensing members of the Association 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. A, s. 4.

Proxy

5 At any general or special meeting of the members of the Association, a member may be represented by proxy in accordance with the by-laws. 2010, c. 6, Sched. A, s. 5.

Surplus

6 Any surplus obtained from carrying on the business of the Association shall be solely devoted to and applied towards promoting and carrying out its objects in accordance with this Act and the by-laws and shall not be divided among its members. 2010, c. 6, Sched. A, s. 6.

The Board

Board of Directors

7 (1) The Board of Governors of the Association is continued as the Board of Directors of the Association, which shall manage and administer the Association’s affairs in accordance with this Act and the by-laws. 2010, c. 6, Sched. A, s. 7 (1).

Composition

(2) The Board shall be composed of,

(a) no fewer than nine and no more than 15 individuals, as determined by the Board, who are members of the Association and who are elected by members of the Association in accordance with the by-laws; and

(b) three individuals who are not members of the Association or of a self-regulating accounting body and who are appointed by the Lieutenant Governor in Council. 2010, c. 6, Sched. A, s. 7 (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. A, s. 7 (3).

Vacancy

8 (1) If the seat of an elected member of the Board becomes vacant, the Board shall fill the vacancy for the remainder of the member’s term in accordance with the by-laws. 2010, c. 6, Sched. A, s. 8 (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 Board in accordance with the by-laws; or

(c) for any other reason specified by the by-laws. 2010, c. 6, Sched. A, s. 8 (2).

Registrar

9 The Board shall appoint a registrar, who need not be a member of the Board, and the registrar has, in addition to the powers and duties that are set out in this Act and the by-laws, any powers or duties that are granted or assigned to him or her by the Board. 2010, c. 6, Sched. A, s. 9.

Committees and tribunals

10 (1) The Board shall by by-law establish the following committees and tribunals, and may establish additional committees or tribunals as it considers appropriate:

1. An admissions standards committee.

2. One or more committees to review and investigate complaints respecting individuals and firms.

3. One or more tribunals to hear matters arising from complaints respecting individuals and firms.

4. A capacity committee and a capacity tribunal.

5. An appeal tribunal. 2010, c. 6, Sched. A, s. 10 (1).

Panels

(2) The by-laws may authorize a committee or tribunal 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. A, s. 10 (2).

Same

(3) A decision of a panel of a committee or tribunal constitutes the decision of the committee or tribunal, as the case may be. 2010, c. 6, Sched. A, s. 10 (3).

Delegation

11 The Board may delegate any of its powers or duties under this Act to one or more committees or tribunals or the registrar, subject to any restrictions or conditions that the Board may specify. 2010, c. 6, Sched. A, s. 11.

Membership

Membership

12 (1) Every individual who applies for membership in accordance with the by-laws and who meets the requirements and qualifications for membership that are specified by the by-laws shall be admitted as a member of the Association. 2010, c. 6, Sched. A, s. 12 (1).

Admissions standards committee

(2) The admissions standards committee shall, in accordance with the by-laws, review every application for membership and determine whether the applicant meets the requirements and qualifications for membership that are specified by the by-laws. 2010, c. 6, Sched. A, s. 12 (2).

Same

(3) On making a determination under subsection (2), the admissions standards committee shall,

(a) approve or reject the application;

(b) notify the applicant of its decision; and

(c) if the application is approved, notify the Board of the approval in accordance with the by-laws. 2010, c. 6, Sched. A, s. 12 (3).

Appeal

(4) An applicant whose application for membership is rejected may appeal the decision to the appeal tribunal. 2010, c. 6, Sched. A, s. 12 (4).

Parties

(5) The parties to an appeal under subsection (4) are the applicant and the admissions standards committee. 2010, c. 6, Sched. A, s. 12 (5).

Powers

(6) On hearing the appeal, the appeal tribunal may confirm the decision being appealed or refer the matter, with recommendations, back to the admissions standards committee for reconsideration. 2010, c. 6, Sched. A, s. 12 (6).

Decision final

(7) The decision of the appeal tribunal under subsection (6)...