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Statutes of Newfoundland and Labrador 2011


CHAPTER 4

AN ACT TO AMEND THE PUBLIC
ACCOUNTANTS ACT

(Assented to May 31, 2011)

Analysis


        1.   S.3 Amdt.
Board incorporated

        2.   S.7 Amdt.
By-laws

        3.   Ss.22 & 23 R&S
Definitions

        4.   Ss.25 to 38 R&S
25.   Certified general
        accountants
26.   Certified management
        accountants
27.   Chartered accountants

        5.   S.39 R&S
Action prohibited

        6.   S.40 Amdt.
Regulations

        7.   Consequential
Amdt.

        8.   Commencement

 

 

 


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2009 cP-35.1

        1. Subsection 3(1) of the Public Accountants Act is amended by striking out the word "Accountancy" and substituting the word "Accountants".

 

        2. (1) Subparagraph 7(1)(f)(i) of the Act is repealed and the following substituted:

                      (i)  a definition of "professional misconduct" and "conduct unbecoming" for the purpose of paragraph 22(c),

             (2)  Paragraph 7(1)(g) of the Act is repealed.

 

        3. Sections 22 and 23 of the Act are repealed and the following substituted:

Definitions

      22. In this section and sections 24, 25, 26 and 27,

             (a)  "allegation" means a written document alleging that a person has engaged in conduct deserving of sanction;

             (b)  "complainant" means a person making an allegation described in section 24;

             (c)  "conduct deserving of sanction" includes

                      (i)  professional misconduct,

                     (ii)  professional incompetence,

                    (iii)  conduct unbecoming a public accountant,

                    (iv)  incapacity or unfitness to practise as a public accountant, and

                     (v)  acting in breach of this Act, the regulations or the code of ethics made under section 7; and

             (d)  "respondent" means a public accountant or former public accountant, a corporation to which sections 13 to 20 apply or a former corporation against whom an allegation is made.

 

        4. Sections 25 to 38 of the Act are repealed and the following substituted:

Certified general accountants

      25. (1) Where an allegation filed under section 24 relates to a respondent who is a member of the Certified General Accountants Association of Newfoundland and Labrador, the registrar shall refer it to the registrar of the association.

             (2)  Sections 30 to 45 of the Certified General Accountants Act, 2008 apply, with the necessary changes, to an allegation referred to the registrar of the association under subsection (1) as if it was an allegation filed under section 29 of that Act.

             (3)  In subsection (1), "member" includes a corporation to which sections 18 to 25 of the Certified General Accountants Act, 2008 apply, and a former corporation.

Certified management accountants

      26. (1) Where an allegation filed under section 24 relates to a respondent who is a member of the Society of Certified Management Accountants of Newfoundland and Labrador, the registrar shall refer it to the registrar of the society.

             (2)  Sections 28 to 43 of the Certified Management Accountants Act apply, with the necessary changes, to an allegation referred to the registrar of the society under subsection (1) as if it was an allegation filed under section 27 of that Act.

             (3)  In subsection (1), "member" includes a corporation to which sections 16 to 23 of the Certified Management Accountants Act apply, and a former corporation.

Chartered accountants

      27. (1) Where an allegation filed under section 24 relates to a respondent who is a member of the Institute of Chartered Accountants of Newfoundland and Labrador, or a registered public accountant, the registrar shall refer it to the registrar of the institute.

             (2)  Sections 30 to 45 of the Chartered Accountants Act, 2008 apply, with the necessary changes, to an allegation referred to the registrar of the institute under subsection (1) as if it was an allegation filed under section 29 of that Act.

             (3)  Where an allegation relates to a registered public accountant, he or she is considered to be a respondent for the purpose of sections 30 to 45 of the Chartered Accountants Act, 2008.

             (4)  In subsection (1), "member" includes a corporation to which sections 18 to 25 of the Chartered Accountants Act, 2008 apply, and a former corporation.

 

        5. Section 39 of the Act is repealed and the following substituted:

Action prohibited

      39. An action for damages shall not lie against the board or the individual members of the board, the registrar, or an officer or employee of the board for

             (a)  an act or failure to act, or a proceeding initiated or carried out in good faith under this Act, or carrying out their duties or obligations as an officer, employee or member under this Act; or

             (b)  for a decision made in good faith under this Act.

 

        6. (1) Paragraphs 40(1)(f), (g) and (h) of the Act are repealed.

             (2)  Subsection 40(2) of the Act is repealed.

Consequential Amdt.

        7. (1) The Certified General Accountants Act, 2008 is amended by adding immediately after section 27 the following:

Authority with respect to an allegation

   27.1 The registrar, the complaints authorization committee, a person acting on behalf of the complaints authorization committee and a disciplinary panel have the same authority with respect to an allegation referred under section 25 of the Public Accountants Act as they have with respect to an allegation referred to in section 29 of this Act.

             (2)  Section 28 of the Certified General Accountants Act, 2008  is amended by adding immediately after subsection (4) the following:

          (4.1)  At least one of the certified general accountants appointed by the board under subsection (4) shall be licensed as a public accountant under the Public Accountants Act.

             (3)  Section 32 of the Certified General Accountants Act, 2008  is amended by adding immediately after subsection (2) the following:

             (3)  Where a complaint that is referred to an adjudication tribunal involves an allegation that was referred to the registrar of the association under section 25 of the Public Accountants Act, one of the certified general accountants shall be licensed as a public accountant under the Public Accountants Act.

             (4)  The Certified Management Accountants Act is amended by adding immediately after section 25 the following:

Authority with respect to an allegation

   25.1 The registrar, the complaints authorization committee, a person acting on behalf of the complaints authorization committee and a disciplinary panel have the same authority with respect to an allegation referred under section 25 of the Public Accountants Act as they have with respect to an allegation referred to in section 27 of this Act.

             (5)  Section 26 of the Certified Management Accountants Act is amended by adding immediately after subsection (4) the following:

          (4.1)  At least one of the certified management accountants appointed by the board under subsection (4) shall be licensed as a public accountant under the Public Accountants Act.

             (6)  Section 30 of the Certified Management Accountants Act is amended by adding immediately after subsection (2) the following:

             (3)  Where a complaint that is referred to an adjudication tribunal involves an allegation that was referred to the registrar of the society under section 25 of the Public Accountants Act, one of the certified management accountants shall be licensed as a public accountant under the Public Accountants Act.

             (7)  The Chartered Accountants Act, 2008 is amended by adding immediately after section 27 the following:

Authority with respect to an allegation

   27.1 The registrar, the complaints authorization committee, a person acting on behalf of the complaints authorization committee and a disciplinary panel have the same authority with respect to an allegation referred under section 25 of the Public Accountants Act as they have with respect to an allegation referred to in section 29 of this Act.

             (8)  Section 28 of the Chartered Accountants Act, 2008  is amended by adding immediately after subsection (4) the following:

          (4.1)  At least one of the chartered accountants appointed by the board under subsection (4) shall be licensed as a public accountant under the Public Accountants Act.

             (9)  Section 32 of the Chartered Accountants Act, 2008 is amended by adding immediately after subsection (2) the following:

             (3)  Where a complaint that is referred to an adjudication tribunal involves an allegation that was referred to the registrar of the institute under section 25 of the Public Accountants Act, one of the chartered accountants shall be licensed as a public accountant under the Public Accountants Act.

Commencement

        8. This Act comes into force on the day the Public Accountants Act comes into force.