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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. (1) The corporation known as the Institute of Chartered Accountants of British Columbia is continued. Membership in the corporation consists of those persons whose qualifications and fitness are approved by the council.
(2) The head office of the institute shall be at the City of Vancouver.
Historical Note(s): RS1960-51-2.
2. (1) For the purposes of this Act, the institute has all the powers and capacity of a natural person.
(2) The institute may receive, manage and invest contributions and donations from members or others as a benevolent fund for the benefit of needy members or their families and the families of deceased members.
Historical Note(s): RS1960-51-3; 1972-12-1; 1987-20-1, effective July 17, 1987 (B.C. Reg. 219/87).
3. The objects of the institute are
(a) to promote and maintain the knowledge, skill and proficiency of its members and students in all matters relating to the practice of accounting, and, to that end, to establish qualifications and requirements for admission to and continuation of membership and for enrolment and continuation of enrolment of students,
(b) to regulate all matters relating to the practice of accounting by its members and students, including competency, fitness, moral character and professional conduct, and, to that end, to establish and enforce standards, and
(c) to represent the interests of its members and students.
Historical Note(s): 1987-20-2, effective July 17, 1987 (B.C. Reg. 219/87).
4. There shall be a council of the institute (the "council") consisting of not less than 9 persons of which
(a) up to 3 persons, who need not be members of the institute, may be appointed by the Lieutenant Governor in Council, and
(b) the remainder, who shall be members of the institute residing in the Province, shall be elected by the members.
Historical Note(s): 1972-12-2; 1987-20-3, effective July 17, 1987 (B.C. Reg. 219/87); 1990-57-1.
5. (1) An annual meeting shall be held for the election of the council, and for such other business as may be brought before the meeting.
(2) to (4) [Repealed 1987-20-4, effective July 17, 1987 (B.C. Reg. 219/87).]
(5) Except as may be otherwise provided by the bylaws, vacancies that occur in the council in the interval between 2 annual meetings may be filled by the council.
Historical Note(s): RS1960-51-6; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1987-20-4, effective July 17, 1987 (B.C. Reg. 219/87).
6. Except as may be otherwise provided by the bylaws, the officers of the institute shall consist of
(a) a president and one or more vice presidents elected by the council from its members, and
(b) an executive director, a secretary and a treasurer appointed by the council from among the members of the institute.
Historical Note(s): 1987-20-5, effective July 17, 1987 (B.C. Reg. 219/87).
8. (1) The council may make bylaws relative to the management and objects of the institute, but no bylaw or amendment takes effect until it has been approved at an annual meeting of the institute or at a special general meeting called to consider it.
(2) A bylaw may be annulled by the Lieutenant Governor in Council.
(3) Without limiting the generality of subsections (1) and (2), the council may make bylaws respecting
(a) annual meetings, including the time, place and manner of holding annual meetings,
(b) elections to the council, including the election of council members on a regional basis,
(c) the terms of office of council members, including the staggering of their terms of office,
(d) officers of the institute including the appointment, election and replacement of officers, and their powers, duties and remuneration,
(e) appointments by the council of committees composed of one or more members of the institute or other persons, and the powers, duties and functions of those committees, including the delegation of powers, duties and functions of the council to the committees and including provision for an executive committee of the council,
(f) appeals to the council from a decision or order of a committee,
(g) inquiries by the council or a committee into the conduct of a current or former member or a student,
(h) investigation and discipline of a current or former member or a student,
(i) a panel under section 19.4,
(j) practice reviews under section 19.1 (1),
(k) insurance against professional liability claims including requirements that members maintain such insurance, provisions for the exemption of a member or class of membership from such requirements and provisions that empower the institute to act as agent for its members in obtaining the insurance,
(l) fees for insurance against professional liability claims including provisions exempting a member or class of membership from payment of all or part of the insurance fee, and
(m) information relevant to the objects of the institute to be submitted to the institute by members and students, including the timing of the submissions.
Historical Note(s): RS1960-51-9; 1987-20-6, effective July 17, 1987 (B.C. Reg. 219/87).
9. The council may determine
(a) requirements for enrolment and training of students;
(b) curriculum of studies to be pursued by the students;
(c) the fitness and moral character required of a person applying to be examined;
(d) the subjects on which candidates for certificates of competency shall be examined;
(e) standards of skill and competency;
(f) fees to be paid by persons applying for examination and may appoint examiners, and define their duties and fix their remuneration; and
(g) the rules and regulations, not contrary to this Act or the bylaws of the institute, for examinations.
Historical Note(s): RS1960-51-10; 1972-12-4.
10. The council shall hold examinations at least once a year.
Historical Note(s): RS1960-51-11.
11. The council shall by bylaw establish the conditions on which persons who have passed the examinations of other corporate bodies having the same or similar objects may be admitted as members of the institute. The conditions shall be reasonable and subject to amendment by the Lieutenant Governor in Council. If the council omits to pass such a bylaw the Lieutenant Governor in Council may prescribe the conditions.
Historical Note(s): RS1960-51-12(1); 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
12. (1) Any person who has failed to pass an examination and who feels himself aggrieved by an examination paper or the marks awarded him on it may appeal to the Supreme Court within 3 months from the date of the publication of the result of the examination. The appeal shall be brought by way of notice in writing delivered to the council and the court. The person appealing shall deposit $25 with the court, to be applied as the court may direct. The court shall proceed to hear the appeal, and may itself further investigate the qualifications of the appellant, and may make an order varying, confirming or reversing the finding or award.
(2) Examination papers shall not be destroyed until after 3 months from the date of the publication of the result of the examination, and all documents relating to the question in issue shall be produced on the hearing of an appeal.
Historical Note(s): RS1960-51-12(2,3); 1982-7-32, proclaimed effective September 7, 1982.
13. The institute may establish lectures and classes for students in accountancy and, subject to the approval of the Lieutenant Governor in Council, may make arrangements with a university or college in the Province for the attendance of students in accountancy at lectures or classes in the university or college as may come within the course of subjects established by the rules and bylaws of the institute, may agree with the university or college for the use of any library or museum or property belonging to or under the control of the university or college, may affiliate with the university or college and may enter into all arrangements necessary for that end on agreed terms.
Historical Note(s): RS1960-51-13; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
14. The membership of the institute consists of 2 classes named fellows and associates.
Historical Note(s): RS1960-51-15.
15. A member in good standing of the institute may use the designations
(a) "Chartered Accountant" or the initials "C.A." signifying that designation,
(b) "Associate of the Chartered Accountants" or the initials "A.C.A." signifying that designation, and
(c) "Fellow of the Chartered Accountants" or the initials "F.C.A." signifying that designation if he is a Fellow of the Chartered Accountants.
Historical Note(s): 1987-20-7, effective July 17, 1987 (B.C. Reg. 219/87).
16. Persons who have rendered conspicuous service to the institute may, by an affirmative vote of 3/4 of the members present and voting at a meeting of the institute, be elected to honorary membership and shall be entitled to use the designation Chartered Accountant, Honorary or the initials C.A. (Hon.), but honorary membership does not confer the right to be elected to the council, to vote or to practise as a chartered accountant.
Historical Note(s): 1972-12-5.
17. (1) Except as authorized or permitted by this Act, no person shall
(a) use or display in the Province the designation "certified accountant", "chartered accountant", "Fellow of the Chartered Accountants" or "Associate of the Chartered Accountants" or the initials "C.A.", "F.C.A.", "A.C.A." or "C.A. (Hon.)", or
(b) in any other manner, imply, suggest or hold out that he is a chartered accountant.
(2) A person shall not display or use in the Province either of the designations certified public accountant or certified public auditor alone or in combination with any other word, name, title, initial, letter or description or, by the use of the initials C.P.A. or in any other manner, imply, suggest or hold out that he is a certified public accountant or certified public auditor.
(2.1) A firm of chartered accountants whose head office is outside the Province, but who maintains an office and practice within the Province, is entitled to use and display the designation "chartered accountants" and the initials "C.A.", and to practise as such, where at least one partner of the firm is resident in the Province and is a member of the institute.
(2.2) Where the partner referred to in subsection (2.1) dies or resigns from the firm with the result that the firm ceases to meet the criteria set out in that subsection, the firm may continue to use and display the designation "chartered accountants" and the initials "C.A.", and to practise as such for a period of 6 months from the death or resignation.
(3) and (4) [Repealed 1987-20-8, effective July 17, 1987 (B.C. Reg. 219/87).]
Historical Note(s): RS1960-51-18(1,2,3,4); 1987-20-8, effective July 17, 1987 (B.C. Reg. 219/87).
18. This Act does not affect or interfere with the right of a person not a member of the institute to practise as an accountant in the Province, or with the right of a person not residing or having an office in the Province to use any designation as accountant.
Historical Note(s): RS1960-51-21.
19. (1) The council shall cause to be kept a register, in which shall be entered the names of all members in good standing; and those members only whose names are entered in the register shall be deemed entitled to the privilege of membership in the institute. The register shall at all times be subject to inspection by any person free of charge.
(2) The register, or a copy of it certified by the secretary, is proof in the absence of evidence to the contrary in all courts and before all persons that the persons whose names are entered in it are members of the institute in good standing, and the absence of the name of a person from the register is similar proof that the person is not a member of the institute.
Historical Note(s): RS1960-51-19; 1987-20-9, effective July 17, 1987 (B.C. Reg. 219/87).
19.1 (1) An officer or committee of the institute or a person designated by the council may
(a) investigate the conduct of a current or former member or a student to determine whether grounds exist for disciplinary action against that person under section 20, and
(b) conduct a practice review of a member by inspecting the member's professional practice for the purpose of identifying any deficiencies in the practice or the competence or conduct of the member.
(2) Where the officer, committee or person is satisfied on reasonable and probable grounds that a member or student possesses any information, record or thing which is relevant to an investigation of a current or former member or a student or a practice review of a member, the officer, committee or person may make a written request to the member or student requiring him to answer inquiries of the officer, committee or person relating to the investigation or practice review and to produce to the officer, committee or person the record or thing for examination, and the member or student shall comply with the request.
(3) Where a member or student who receives a request under subsection (2) refuses or neglects to promptly comply with the request, the institute may apply to the Supreme Court for an order requiring the person to comply.
(4) The Supreme Court, on being satisfied that a person has contravened subsection (2), may order that the person comply and may impose requirements as to time and manner of compliance.
(5) No person shall refuse to comply with this section on the grounds of confidentiality.
Historical Note(s): 1987-20-10, effective July 17, 1987 (B.C. Reg. 219/87).
19.2 On application by the institute to the Supreme Court, the Supreme Court may order that a person produce to an officer or committee of the institute or a person designated by the council any record or thing if the court is satisfied that it is relevant to and reasonably required by the officer, committee or person for an investigation of the conduct of a current or former member or a student or for a review of the professional practice of a member.
Historical Note(s): 1987-20-10, effective July 17, 1987 (B.C. Reg. 219/87).
19.3 (1) Every person acting under the authority of this Act or the bylaws shall keep confidential all facts, information and records obtained or furnished under this Act or the bylaws or under a former enactment, except so far as his public duty requires or this Act or the bylaws permit him to make disclosure of them or to report or take official action on them.
(2) Except in respect of a proceeding under this Act or the bylaws, no person to whom subsection (1) applies shall in any civil proceeding be compelled to give evidence respecting any facts, information or records obtained by him in the course of his duties.
Historical Note(s): 1987-20-10, effective July 17, 1987 (B.C. Reg. 219/87).
19.4 (1) Where a panel consisting of any 3 members of the council considers that the length of time that would be required to hold an inquiry concerning a member would be prejudicial to the public interest, the panel, without giving the member an opportunity to be heard, may suspend his membership pending an inquiry and decision under section 20.
(2) Where the panel decides to suspend a membership under subsection (1), it shall give written notice to the member of its decision, the reasons for it and of the member's right to apply to the Supreme Court to have the suspension removed.
(3) The suspension of a membership under subsection (1) shall not be effective until the earlier of
(a) receipt by the member of the written notice, or
(b) 3 days after the day the institute mails the written notice to the person at his last address on file with the institute.
(4) A member whose membership is suspended under subsection (1) may apply to the Supreme Court to have the suspension removed, and the court may make any order respecting the suspension that it considers appropriate.
(5) A member of council who takes part in the decision under subsection (1) shall not sit on any inquiry or appeal with respect to any matter in relation to which he exercised the power of decision.
Historical Note(s): 1987-20-10, effective July 17, 1987 (B.C. Reg. 219/87).
20. (1) Where, after an inquiry, the council or a committee appointed by the council is satisfied that a current or former member or a student is incompetent, has committed professional misconduct or has contravened this Act or the bylaws, the council or the committee may, by order, do one or more of the following:
(a) reprimand the member or student;
(b) suspend the member from membership or the student from enrolment;
(c) expel the member from membership or the student from enrolment;
(d) impose conditions upon the continuance of the member's membership or the student's enrolment;
(e) impose a fine payable to the institute of not more than
(i) $10 000 against the current or former member, and
(ii) $2 000 against the student;
(f) impose costs against the current or former member or the student.
(1.1) Any current or former member or any student who is the subject of an order made by a committee pursuant to subsection (1) may appeal that decision to the council in accordance with the bylaws and, for the purposes of the appeal, the council has all the powers referred to in subsection (1) and may substitute its order for the order of the committee or may confirm the committee's order.
(1.2) A member of the committee appointed under subsection (1) shall not sit on any appeal held by the council with respect to any matter in relation to which he exercised a power or performed a duty as a member of the committee.
(1.3) The council or the committee appointed under subsection (1), and any member of the council or the committee, has the same power for the purposes of an inquiry
(a) to summon and enforce the attendance of a witness,
(b) to compel a witness to give evidence on oath or in any other manner, and
(c) to compel a witness to produce records and things in his possession or control,
as the Supreme Court has for the trial of civil actions, and the failure orr refusal of a person
(d) to attend,
(e) to take an oath or affirmation,
(f) to give evidence, or
(g) to produce the records or things in his possession or control,
makes the person, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.
(2) A person aggrieved by an order made by the council under subsection (1) or (1.1) may appeal the order to the Supreme Court, and the Supreme Court may confirm, vary or reverse the order or refer the matter, with instructions, back to the council.
(3) An appeal to the Supreme Court shall be brought within 30 days of the date of the decision.
Historical Note(s): 1972-12-6; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1987-20-11, effective July 17, 1987 (B.C. Reg. 219/87).
21. (1) No action for damages lies against a person, acting or purporting to act, in furtherance of the objects of the institute, for anything done or omitted in good faith in the exercise or purported exercise of the powers conferred by this Act or the bylaws.
(2) Subsection (1) does not absolve the institute from vicarious liability or any other liability to which it would otherwise be subject.
Historical Note(s): 1987-20-12, effective July 17, 1987 (B.C. Reg. 219/87).
22. (1) Section 5 of the Offence Act does not apply to this Act or to the bylaws made under it.
(2) A person who contravenes section 17 (1) or (2) or 19.3 (1) commits an offence.
Historical Note(s): 1987-20-12, effective July 17, 1987 (B.C. Reg. 219/87).
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