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NEWFOUNDLAND AND LABRADOR
REGULATION 5/10

Certified General Accountants Regulations
under the
Certified General Accountants Act, 2008

(Filed January 26, 2010 )

Under the authority of section 46 of the Certified General Accountants Act, 2008 , the board of the Certified General Accountants Association of Newfoundland and Labrador makes, with the approval of the Minister of Government Services, the following regulations.

Dated at St. Johnís , January 22, 2010 .

Trevor McCormick
Chairperson
Board of the Certified General Accountants
Association of
Newfoundland and Labrador

Kevin O'Brien
Minister of Government Services

REGULATIONS

Analysis



Short title

††††††† 1. These regulations may be cited as the Certified General Accountants Regulations .

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Definitions

††††††† 2. In these regulations

†††††††††††† (a) "Act" means the Certified General Accountants Act, 2008 ;

†††††††††††† (b) "applicant" means a person applying to the association for membership;

†††††††††††† (c) "by-laws" means the by-laws of the association;

†††††††††††† (d) " CGA Canada" means the Certified General Accountants Association of Canada;

†††††††††††† (e) "firm " means a sole proprietorship, partnership or corporation;

††††††††††††† (f) "partnership" includes a limited liability partnership;

†††††††††††† (g) "profession" means the profession of certified general accountants in Newfoundland and Labrador and "professional" refers to a member of the profession;

†††††††††††† (h) "provincial association" means an association of certified general accountants incorporated in a province or territory of Canada , or in another country, but does not include the Certified General Accountants Association of Newfoundland and Labrador ;

††††††††††††† (i) "rules of professional conduct" means the rules of professional conduct of the association; and

††††††††††††† (j) "student" means a person who is enrolled with the association in a school or program of accountancy offered or approved by the association as meeting the educational requirements for certification..

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Admission to membership

††††††† 3. (1)†The membership of the association consists of those persons who are members or fellows of the association in good standing at the date of the first enactment of these regulations and those other persons who are afterward admitted, and who continue in good standing.

†††††††††††† (2) The certification of a certified general accountant granted under section 11 of the Act shall be renewed by the registrar if the member fulfils the following requirements:

†††††††††††† (a) submits to the registrar completed forms or reports that may be prescribed by the board for the continuation of certification; and

†††††††††††† (b) provides full payment to the association of the annual and other fees and dues no later than the date specified in the by-laws or as otherwise determined by the board.

†††††††††††† (3) The board may by resolution admit to membership of the association a student who has registered with the association and who has fulfilled the educational, practical experience and examination requirements prescribed by the board, completed a declaration in the form the board may require and for whom it has received satisfactory evidence of good moral character.

†††††††††††† (4) The board shall admit into membership of the association

†††††††††††† (a) a member in good standing of a provincial association and whose professional qualifications and experience are satisfactory to the board; and

†††††††††††† (b) a member or former member of an accounting body outside Canada which recognizes membership in the association as a basis for obtaining membership in that body without requiring that its normal final examinations be written and passed, if the other accounting body

††††††††††††††††††††† (i) is designated by the board under subsection 4 (1), in the case of a current member in good standing of the accounting body,

†††††††††††††††††††† (ii) was designated by the board under subsection 4 (1), or a predecessor provision when the former member ceased to be a member in good standing of that accounting body, in the case of a former member, or

††††††††††††††††††† (iii) was a body designated by the board under subsection 4 (1), or a predecessor provision, on the date the person applying to the association was admitted to membership in that body, if the body is not designated under subsection 4 (1), on the date of making application to the association,

and if the applicant has fulfilled all of the educational, practical experience, and examination requirements as prescribed by the board for an applicant under this paragraph.

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Designated accounting bodies

††††††† 4. (1)†The board may designate particular accounting bodies outside Canada which have educational, practical experience and examination requirements for qualification for membership which are acceptable to the association, and professional standards and requirements for admission to and continuance of membership which are acceptable to the association.

†††††††††††† (2) The board may remove the designation of a particular accounting body made under subsection (1).

†††††††††††† (3) The board may prescribe the educational, practical experience, and examination requirements for persons who apply for membership.

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Application for membership

††††††† 5. (1)†An applicant for membership in the association shall make application to the registrar in writing and the application shall be accompanied by a declaration signed by the applicant that the contents of the application are true and correct.

†††††††††††† (2) An applicant shall inform the board if he or she

†††††††††††† (a) has been convicted of a criminal or similar offence;

†††††††††††† (b) has pleaded guilty or been found guilty of a violation of the rules of professional conduct;

†††††††††††† (c) is the subject of an investigation by the complaints authorization committee or a body having similar powers with another provincial association;

†††††††††††† (d) is the subject of a charge laid by the disciplinary body of another provincial association; and

†††††††††††† (e) has pleaded guilty or been found guilty of violating the provisions of the Securities Act or regulations or an equivalent Act or regulations in another jurisdiction.

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Readmission to membership

††††††† 6. (1)†The board may re-admit to membership of the association an applicant who has completed the requirements prescribed by the board for readmission.

†††††††††††† (2) The board may require an applicant to submit documentation acceptable to it that an applicant has completed the prescribed requirements for readmission.

†††††††††††† (3) The board shall give prompt written notice to the applicant of its decision reached under subsection (1).

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Fellows

††††††† 7. (1)†A member of the association, in good standing, who has been designated a fellow by CGA Canada shall be admitted as a fellow of the association.

†††††††††††† (2) A member who is admitted as a fellow of the association shall be entitled to take and use the designation "Fellow of Certified General Accountants" or the initials F.C.G.A.

†††††††††††† (3) The use of the designation F.C.G.A. shall be subject to the by-laws of the association.

†††††††††††† (4) A fellow may not continue to hold the title fellow if he or she is no longer on the roll of the association or the roll of another provincial association.

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Honourary membership

††††††† 8. (1)†A person, who has given conspicuous service to the association, either in the advancement of its educational objects or general welfare, or by material contribution to the association, may by 2/3 vote of the board be elected to honourary membership in the association.

†††††††††††† (2) An honourary membership does not confer upon a person the right to use the designation "certified general accountant" or be elected to the board.

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Membership certificate

††††††† 9. (1)†A member shall be entitled to receive a certificate of membership which shall be in the form that the board may determine and to hold the certificate as long as he or she remains a member.

†††††††††††† (2) A m embership certificate remains the property of the association and in the event of termination or suspension of membership for a reason other than death shall, at the request of the board, be returned to the association.

†††††††††††† (3) A membership certificate shall be under the seal of the association under the signature of the chairperson or vice-chairperson and by the registrar or secretary.

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Use of designation

††††† 10. A member, practising in partnership with a person who is not a member, shall not permit the partnership to take or use the designation "Certified General Accountants" or "Fellow of Certified General Accountants", or permit the partnership to take the initials "C.G.A." or "F.C.G.A.".

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Firm and professional corporation names and registration

††††† 11. (1)†A member, firm, or professional corporation shall register with the association, in the manner prescribed by the board, the name or names under which the member or firm carries on an accounting practice or a related function, business or practice.

†††††††††††† (2) The board may authorize a firm to practice under a name which is consistent with the rules of professional conduct.

†††††††††††† (3) Upon registration with the association, a firm or professional corporation shall designate a member of the association to be the designated representative of the firm or professional corporation.

†††††††††††† (4) In addition to the requirements in section 20(2) of the Act, a professional corporation shall

†††††††††††† (a) provide to the registrar a certified copy of the articles of incorporation of the corporation to be registered; and

†††††††††††† (b) pay an annual or other fees or dues prescribed by the board.

†††††††††††† (5) A member shall notify the association in writing not later than 30 days following

†††††††††††† (a) a merger of the memberís practice with another memberís practice or a firm or practice;

†††††††††††† (b) the acquisition by the member of another memberís practice or a firm or practice; and

†††††††††††† (c) the closure or termination of the memberís practice.

†††††††††††† (6) The designated representative of a firm shall notify the association in writing not later than 30 days following

†††††††††††† (a) the merger of the firmís practice with another memberís practice or a firm or practice;

†††††††††††† (b) the acquisition by the firm of another memberís practice or a firm or practice; and

†††††††††††† (c) the dissolution of the firm.

†††††††††††† (7) The designated representative of a professional corporation shall notify the association in writing not later than 30 days following

†††††††††††† (a) the merger of the professional corporationís practice with another memberís practice, or firm or practice;

†††††††††††† (b) the sale or transfer of the voting shares of the professional corporation to another member or firm;

†††††††††††† (c) the acquisition by the professional corporation of another memberís practice or a firm or practice; and

†††††††††††† (d) the dissolution or amalgamation of the professional corporation.

†††††††††††† (8) The name of the professional corporation shall include the words "professional corporation" and shall comply with subsection (1) in respect of the names that may be used and registered by professional corporations.

†††††††††††† (9) A partnership consisting of 2 or more professional corporations or of one or more members and one or more professional corporations may establish a firm for the purpose of providing the services of certified general accountants.

†††††††††† (10) The sale or transfer of the voting shares of a professional corporation to another member or firm does not require re-registration unless the professional corporation continues to provide the services of a certified general accountant after the sale or transfer takes effect.

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Limited liability partnerships

††††† 12. (1)†A firm that has registered one or more offices under section 11 is eligible to be registered as a limited liability partnership under section 55 of the Partnership Act.

†††††††††††† (2) A limited liability partnership shall provide to the association proof of registration as a limited liability partnership and pay the fee the board may prescribe.

†††††††††††† (3) Upon receipt of proof of registration, the association shall change the firm name registered with the association by adding the phrase Limited Liability Partnership or its abbreviation LLP.

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Accountancy program

††††† 13. The association may

†††††††††††† (a) directly administer a program of accountancy;

†††††††††††† (b) enter into agreements or arrangements suitable to the board with another body or school for the provision of a program or school of accountancy; or

†††††††††††† (c) enter into agreements for the recognition of other national or international programs or schools of accountancy.

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Filing of an allegation

††††† 14. (1)†Within 30 days of receipt of an allegation the respondent shall be notified in writing that an allegation has been received.

†††††††††††† (2) A respondent shall have 30 days from the notification of the allegation to respond to the complainantís allegation.

†††††††††††† (3) The chairperson of the complaints authorization committee shall inform the respondent and the complainant within 120 days of receipt of the allegation whether the committee intends to conduct an investigation of the allegation under section 31 of the Act.

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Appointment of an adjudication tribunal

††††† 15. An adjudication tribunal shall be appointed within 30 days of the receipt of the charges by the disciplinary panel.

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Adjudication tribunal hearing date

††††† 16. (1)†An adjudication tribunal shall set a hearing date at the later of

†††††††††††† (a) 120 days after the decision of the complaints authorization committee that grounds exist to start a disciplinary proceeding; or

†††††††††††† (b) 90 days after the complaint is referred to the disciplinary panel.

†††††††††††† (2) With the agreement of the respondent and the board, the chairperson of the adjudication tribunal may extend a period referred to in subsection (1).

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Decision of the adjudication tribunal

††††† 17. The written decision and orders of an adjudication tribunal shall be provided to the board and the respondent within 90 days of the completion of the hearing of the complaint by the adjudication tribunal.

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Alternate dispute resolution

††††† 18. (1)†Where an allegation is referred by the complaints authorization committee to the registrar or another person for alternate dispute resolution, the registrar or other person has 120 days from the referral to resolve the allegation.

†††††††††††† (2) Where the persons engaged in alternate dispute resolution under subsection (1) agree, the period referred to in subsection (1) may be extended for an additional 60 days.

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Service to the public

††††† 19. For the purpose of subsection 11(3) of the Act, a person provides services directly to the public where he or she

†††††††††††† (a) practises as a "public accountant" as defined in the Public Accountancy Act ;

†††††††††††† (b) performs an assurance engagement as defined in the CICA Handbook;

†††††††††††† (c) performs a specific auditing procedures engagement as defined in the CICA Handbook ;

†††††††††††† (d) performs a compilation engagement as defined in the CICA Handbook where there is third party reliance on financial information that is the subject of the compilation engagement;

†††††††††††† (e) practises accounting, where it involves analysis, advice and interpretation in an expert capacity, but excluding record keeping;

††††††††††††† (f) practises taxation, where it involves advice and counselling in an expert capacity, but excluding mechanical processing of returns; or

†††††††††††† (g) prepares a tax return or other statutory filing when the preparation is in connection with a practice offering or providing a service as described in paragraph (a), (b), (c), (d), (e), or (f).