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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER C-7

AN ACT RESPECTING THE CERTIFIED PUBLIC ACCOUNTANTS ASSOCIATION OF NEWFOUNDLAND

Analysis

1. Short title

2. Definitions

3. Association continued

4. Property

5. Objects

6. Lectures and classes

7. Benevolent fund

8. Board of governors

9. By-laws

10. Examinations

11. Membership

12. Designation "CPA"

13. Register

14. Profits

15. Salary

16. Saving


Short title

1. This Act may be cited as the Certified Public Accountants Act.

RSN1970 c32 s1

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Definitions

2. In this Act

(a) "association" means the Certified Public Accountants Association of Newfoundland; and

(b) "board" means the board of governors of the association.

RSN1970 c32 ss2&7

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Association continued

3. The Certified Public Accountants Association of Newfoundland is continued as a corporation.

RSN1970 c32 s2

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Property

4. The association may acquire, take and hold real property that is actually required for its purposes, and may sell, mortgage, lease or otherwise dispose of that property.

RSN1970 c32 s3

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Objects

5. The general objects of the association are

(a) to provide means and facilities by which its members may increase their knowledge, skill and proficiency in all things relating to the business or profession of an accountant or an auditor;

(b) to hold examinations and prescribe tests of competency that may be considered expedient to qualify for admission to membership; and

(c) to discipline members guilty of a default or misconduct in the practice of their business or profession.

RSN1970 c32 s4

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Lectures and classes

6. The association may establish lectures and classes for students in accounts or may enter into agreements with the governing body of a university or college that may come within the course of subjects prescribed by the by-laws of the association.

RSN1970 c32 s5

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Benevolent fund

7. The association may establish and administer a benevolent fund for the benefit of members or the families of deceased members who may require financial assistance and for that purpose may make and receive contributions and donations.

RSN1970 c32 s6

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Board of governors

8. (1) The affairs and business of the association shall be managed and controlled by a board of governors consisting of 10 members.

(2) The members of the board shall hold office for a term that may be fixed by by-law.

(3) Where a vacancy occurs in the membership of the board, the board shall appoint some other member of the association to fill the vacancy.

(4) The board shall elect from its members a president, a first and a second vice-president and a secretary-treasurer.

RSN1970 c32 s7

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By-laws

9. (1) The board may pass by-laws, which shall not come into force until approved of at an annual general meeting of the association or at a special meeting of the association called for the purpose of considering the by-laws and by the Minister of Justice,

(a) prescribing a curriculum and course of studies to be pursued by students in accounts and the subjects upon which students and candidates for admission as members shall be examined and for granting certificates to students and candidates who have successfully passed the examinations;

(b) appointing examiners for the purpose of ascertaining and reporting upon the qualifications of candidates for membership and students in accounts and for defining their duties and fixing their remuneration;

(c) regulating and governing the conduct of its members in the practice of their business or profession, including the suspension or expulsion of a member for misconduct or violation of the rules or by-laws of the association;

(d) fixing the examination fees to be paid by candidates and the annual fees to be paid by members;

(e) governing the election of members of the board and fixing the procedure to be adopted at meetings; and

(f) generally, for the better carrying out of the purpose and objects of this Act.

(2) A by-law may be annulled by the Minister of Justice.

RSN1970 c32 s8; 1986 c30 s2

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Examinations

10. A person over 19 years of age, living in the province and who has taken the course of studies prescribed by the board, upon making written application to the board before the holding of the examination for admission to membership and upon paying the prescribed examination fees shall have the right to take the examination.

RSN1970 c32 s9; 1971 No71 s22

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Membership

11. The following persons shall be admitted to membership

(a) students in accounts and candidates who have passed the prescribed examination; and

(b) members of a corporation, association or body of accountants or auditors having similar objects and purposes, under those conditions which the board considers appropriate.

RSN1970 c32 s10; 1971 No71 s23

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Designation "CPA"

12. (1) Notwithstanding anything to the contrary contained in another Act, a member of the association shall have the right to use the designation "Certified Public Accountant" and may also use after his or her name the initials "C.P.A." indicating that the member is a Certified Public Accountant, and a person shall not be entitled to take or use the designation "Certified Public Accountant" or the initials "C.P.A." or a name, title, or description implying that the person is a member of the association unless that person is a member in good standing and registered as a member.

(2) A person who contravenes subsection (1) shall incur a penalty not exceeding $25 for each offence, recoverable summarily.

(3) A penalty shall immediately upon the recovery of it be paid over by the convicting Provincial Court judge to the secretary-treasurer of the association.

RSN1970 c32 s11

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Register

13. (1) The secretary-treasurer shall keep a register in which shall be entered in alphabetical order the names of all members in good standing.

(2) Those members whose names are entered in the register shall be entitled to the privilege of membership.

(3) The register shall be open to inspection by a person free of charge.

RSN1970 c32 s12

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Profits

14. All profits derived from carrying on the affairs and business of the association shall be devoted and applied solely to the promoting and carrying out of its objects and purposes and shall not be divided among its members.

RSN1970 c32 s13

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Salary

15. The secretary-treasurer may be paid a salary that may be fixed by by-law of the association.

RSN1970 c32 s14

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Saving

16. Nothing in this Act shall affect or interfere with the right of a person not a member of the association to practise as an accountant or auditor in the province.

RSN1970 c32 s15

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