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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
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1 (1) The corporation known as the Institute of Chartered Accountants of British Columbia is continued.
(2) Membership in the corporation consists of those persons whose qualifications and fitness are approved by the council.
(3) The head office of the institute must be at the City of Vancouver.
2 (1) For the purposes of this Act, the institute has 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.
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 enrollment and continuation of enrollment 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;
(c) to represent the interests of its members and students.
4 The council of the institute consists 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 must be members of the institute residing in British Columbia, must be elected by the members.
5 (1) An annual meeting must be held for the election of the council and for other business that may be brought before the meeting.
(2) 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.
6 Except as may be otherwise provided by the bylaws, the officers of the institute 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.
7 The council may determine admission and annual fees.
8 (1) The council may make bylaws relative to the management and objects of the institute.
(2) Without limiting subsection (1), the council may make bylaws respecting one or more of the following:
(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 23;
(j) practice reviews under section 20 (1);
(k) insurance against professional liability claims, including
(i) requirements that members maintain insurance,
(ii) provisions for the exemption of a member or class of membership from those requirements, and
(iii) 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;
(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.
(3) 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.
(4) A bylaw may be annulled by the Lieutenant Governor in Council.
9 (1) The council may determine one or more of the following:
(a) requirements for enrollment 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 must be examined;
(e) standards of skill and competency;
(f) fees to be paid by persons applying for examination;
(g) the rules, not contrary to this Act or the bylaws of the institute, for examinations.
(2) The council may
(a) appoint examiners,
(b) define their duties, and
(c) set their remuneration.
10 The council must hold examinations at least once a year.
11 (1) The council must 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.
(2) The conditions must be reasonable and subject to amendment by the Lieutenant Governor in Council.
(3) If the council omits to pass such a bylaw, the Lieutenant Governor in Council may prescribe the conditions.
12 (1) Any person who has failed to pass an examination and who feels aggrieved by an examination paper or the marks awarded the person on it may appeal to the Supreme Court within 3 months from the date of the publication of the result of the examination.
(2) The appeal must be brought by way of notice in writing delivered to the council and the court.
(3) The person appealing must deposit $25 with the court, to be applied as the court may direct.
(4) The court must proceed to hear the appeal, and may itself further investigate the qualifications of the appellant.
(5) The court may make an order varying, confirming or reversing the finding or award.
(6) Examination papers must not be destroyed until after 3 months from the date of the publication of the result of the examination.
(7) All documents relating to the question in issue must be produced on the hearing of an appeal.
13 (1) The institute may establish lectures and classes for students in accountancy.
(2) With the approval of the Lieutenant Governor in Council, the institute may do one or more of the following:
(a) make arrangements with a university or college in British Columbia 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;
(b) 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;
(c) affiliate with the university or college;
(d) enter into all arrangements necessary for the purposes of this section on agreed terms.
14 The membership of the institute consists of 2 classes named fellows and associates.
15 A member in good standing of the institute may use the following 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;
(c) "Fellow of the Chartered Accountants" or the initials "F.C.A." signifying that designation if the member is a Fellow of the Chartered Accountants.
16 (1) By a vote of 3/4 of the members present and voting at a meeting of the institute, persons who have rendered conspicuous service to the institute may be elected to honorary membership and are entitled to use the designation Chartered Accountant, Honorary or the initials C.A. (Hon.).
(2) Honorary membership does not confer the right to be elected to the council, to vote or to practise as a chartered accountant.
17 (1) Except as authorized or permitted by this Act, a person must not
(a) use or display in British Columbia 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 the person is a chartered accountant.
(2) A person must not
(a) display or use in British Columbia 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
(b) by the use of the initials "C.P.A." or in any other manner, imply, suggest or hold out that the person is a certified public accountant or certified public auditor.
(3) A firm of chartered accountants whose head office is outside British Columbia, but who maintains an office and practice within British Columbia, is entitled to use and display the designation "chartered accountants" and the initials "C.A.", and to practise as such, if at least one partner of the firm is resident in British Columbia and is a member of the institute.
(4) If the partner referred to in subsection (3) 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.
18 This Act does not affect or interfere with the right of a person who is not a member of the institute to practise as an accountant in British Columbia, or with the right of a person not residing or having an office in British Columbia to use any designation as accountant.
19 (1) The council must keep a register, in which the names of all members in good standing must be entered.
(2) Only those members whose names are entered in the register are entitled to the privilege of membership in the institute.
(3) The register must at all times be subject to inspection by any person free of charge.
(4) 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.
(5) The absence of the name of a person from the register is similar proof that the person is not a member of the institute.
20 (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 24, 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) If 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 the member or student 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.
(3) A member or student who receives a request under subsection (2) must comply with the request.
(4) If 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.
(5) The Supreme Court, on being satisfied that a person has contravened subsection (3), may order that the person comply and may impose requirements as to time and manner of compliance.
(6) A person must not refuse to comply with this section on the grounds of confidentiality.
21 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.
22 (1) A person acting under the authority of this Act or the bylaws must 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 the person's public duty requires or this Act or the bylaws permit the person 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, a person to whom subsection (1) applies must not in any civil proceeding be compelled to give evidence respecting any facts, information or records obtained by the person in the course of the person's duties.
23 (1) If 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 the person's membership pending an inquiry and decision under section 24.
(2) If the panel decides to suspend a membership under subsection (1), it must 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) is not 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 the person's 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) must not sit on any inquiry or appeal with respect to any matter in relation to which the member of council exercised the power of decision.
24 (1) If, 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 enrollment;
(c) expel the member from membership or the student from enrollment;
(d) impose conditions on the continuance of the member's membership or the student's enrollment;
(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.
(2) Any current or former member or any student who is the subject of an order made by a committee under subsection (1) may appeal that decision to the council in accordance with the bylaws.
(3) For the purposes of the appeal, the council has all the powers referred to in subsection (1) and may
(a) substitute its order for the order of the committee, or
(b) may confirm the committee's order.
(4) A member of the committee appointed under subsection (1) must not sit on any appeal held by the council with respect to any matter in relation to which the member of the committee exercised a power or performed a duty as a member of the committee.
(5) The council or the committee appointed under subsection (1), and any member of the council or the committee, has for the purposes of an inquiry, the same power as the Supreme Court has for the trial of civil actions
(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 or her possession or control.
(6) For the purposes of subsection (5), the failure or refusal of a person
(a) to attend,
(b) to take an oath or affirmation,
(c) to give evidence, or
(d) to produce the records or things in the person's 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.
(7) A person aggrieved by an order made by the council under subsection (1) or (3) 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.
(8) An appeal to the Supreme Court must be brought within 30 days of the date of the decision.
25 (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.
26 (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 22 (1) commits an offence.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada