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Newfoundland and Labrador
Certified
General Accountants Regulations (Filed Under the authority of section 46 of the Certified General Accountants Act, 2008,
the board of the Certified General Accountants Association of Newfoundland and Dated at Trevor McCormick Kevin O'Brien REGULATIONS Analysis 1. Short title 2. Definitions 3. Admission to membership 4. Designated accounting bodies 5. Application for membership 6. Readmission to membership 7. Fellows 8. Honourary membership 9. Membership certificate 10. Use of designation 11. Firm and professional corporation names and registration 12. Limited liability partnerships 13. Accountancy program 14. Filing of an allegation 15. Appointment of an adjudication tribunal 16. Adjudication tribunal hearing date 17. Decision of the adjudication tribunal 18. Alternate dispute resolution 19. Service to the public Short title 1. These regulations may be cited as the Certified General Accountants Regulations. 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) " (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 (h) "provincial association"
means an association of certified general accountants incorporated in a
province or (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.. 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. 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. 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. 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). 7. (1) A member of the association, in good
standing, who has been designated a fellow by (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. 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. 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 membership 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. 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.". 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 member's practice with another
member's practice or a firm or practice; (b) the acquisition by the member of another
member's practice or a firm or practice; and (c) the closure or termination of the member's
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 firm's practice with another
member's practice or a firm or practice; (b) the acquisition by the firm of another member's
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 corporation's practice with another member's 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 member's 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. 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. 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. 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 complainant's 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. 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. 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). 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. 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. 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). ©Earl G. Tucker, Queen's Printer |