Second Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 26
THE CERTIFIED MANAGEMENT ACCOUNTANTS ACT
Section | Table of Contents |
PART 1 | |
DEFINITIONS | |
1 | Definitions |
PART 2 | |
SOCIETY OF MANAGEMENT ACCOUNTANTS | |
2(1) | Society continued |
(2) | Powers of society |
(3) | Membership |
(4) | Objects of society |
(5) | Meetings |
(6) | Notice of meetings |
3(1) | Board of directors |
(2) | Powers of the board |
(3) | Composition of board |
(4) | Non-members on board |
(5) | Board members to be elected |
(6) | Vacancies filled by appointment |
4 | Board officers |
5(1) | By-laws |
(2) | By-laws available |
6(1) | Coming into force |
(2) | Confirmation of by-law resolution |
(3) | By-law lapses if not confirmed |
PART 3 | |
REGISTRATION | |
7(1) | Registers |
(2) | Entry in the register of members |
(3) | Certificate of registration to be issued |
(4) | Entry in register of corporations |
(5) | Register open to the public |
8(1) | CMA certification by society only |
(2) | Use of designation by members |
PART 4 | |
PROFESSIONAL CORPORATIONS | |
9 | Professional corporation may practise |
10(1) | Corporate permit |
(2) | Refusal to issue or renew permit |
(3) | Notice of refusal |
(4) | Appeal to board |
(5) | Validity of permit |
11(1) | Business without permit prohibited |
(2) | Restriction on business of professional corporation |
(3) | Interpretation of business restriction |
(4) | Validity of corporate act |
12(1) | Voting agreements void |
(2) | Unanimous shareholders' agreements void |
13 | Notification of changes |
14(1) | Application of Act and by-laws |
(2) | Obligations to clients not diminished |
(3) | Liability of member |
(4) | Liability of voting shareholders |
(5) | Effect of member's conduct on professional corporation |
(6) | Member's practise restrictions apply to corporation |
15(1) | Grounds for suspension or cancellation of permit |
(2) | Limitation |
(3) | Alternative to cancellation or suspension |
PART 5 | |
COMPLAINTS | |
16 | Definitions |
17(1) | Complaints against members |
(2) | Complaints against former members |
18 | Referral to vice-president |
19 | Informal resolution |
20(1) | Investigation |
(2) | Legal counsel and experts |
(3) | Records and information |
(4) | Failure to produce records |
(5) | Investigation of other matters |
21 | Report to vice-president |
DECISION OF VICE-PRESIDENT | |
22(1) | Decision of vice-president |
(2) | Matter not resolved by mediation |
(3) | Decision to be given to member and complainant |
(4) | Hearing not required |
(5) | Costs |
CENSURE | |
23 | Publication of censure |
VOLUNTARY SURRENDER OF REGISTRATION | |
24 | Voluntary surrender of registration |
APPEAL BY COMPLAINANT | |
25(1) | Appeal by complainant to board |
(2) | Notice |
(3) | Power on appeal |
(4) | Notice of decision |
(5) | Hearing not required |
SUSPENSION OF REGISTRATION PENDING DECISION | |
26(1) | Suspension of registration pending decision |
(2) | Notice of suspension or conditions |
27(1) | Appeal of suspension or conditions |
(2) | Hearing by board |
(3) | Right to appear and be represented |
(4) | Powers on appeal |
(5) | Application for stay |
28 | Referral to discipline committee |
29 | Disclosure of information to authorities |
DISCIPLINE COMMITTEE | |
30(1) | Discipline committee |
(2) | Public representatives |
31(1) | Selection of panel |
(2) | Composition |
(3) | Exclusion from panel |
(4) | Effect of member being unable to continue |
HEARING | |
32(1) | Hearing |
(2) | Date of hearing |
(3) | Notice of hearing |
(4) | Public notice of hearing |
33(1) | Right to appear and be represented |
(2) | Adjournments |
(3) | Recording of evidence |
34(1) | Member may examine documentary evidence |
(2) | Member to provide documentary evidence |
(3) | Evidence of expert without report |
(4) | Failure to provide summary |
35 | Investigation of other matters |
36(1) | Hearings open to public |
(2) | Exclusion of public |
(3) | Public information may be disclosed |
(4) | Exclusion of public during certain motions |
(5) | Orders with respect to matters in submissions |
(6) | Reasons for excluding public to be available |
(7) | Reconsidering of order to exclude public, etc. |
37(1) | Oral and affidavit evidence |
(2) | Oral evidence |
(3) | Power to administer oaths and affirmations |
38(1) | Witnesses |
(2) | Notice to attend and produce records |
(3) | Secretary to provide notices |
(4) | Witness fees |
(5) | Failure to attend or give evidence |
(6) | Failure of investigated member to attend |
39 | Hearing in absence of investigated member |
DECISION OF PANEL | |
40 | Findings of panel |
41(1) | Orders of panel |
(2) | Panel may consider previous censure |
(3) | Ancillary orders |
(4) | Return of certificate or permit |
(5) | Costs when conditions imposed |
(6) | Contravention of order |
(7) | Suspension or cancellation or registration |
42(1) | Costs and fines |
(2) | Nature of costs |
(3) | Failure to pay costs and fines by time ordered |
(4) | Filing of order |
43(1) | Written decision |
(2) | Decision forwarded to secretary |
(3) | Service of decision |
(4) | Copies of transcript |
44 | Publication of decision |
APPEAL TO COURT OF APPEAL | |
45(1) | Appeal to Court of Appeal |
(2) | Commencement of appeal |
(3) | Appeal on the record |
46 | Powers of court on appeal |
47 | Stay pending appeal |
REINSTATEMENT | |
48 | Reinstatement |
PART 6 | |
GENERAL PROVISIONS | |
INSPECTORS | |
49(1) | Appointment of inspector |
(2) | Inspection of a practice |
50(1) | Entry of premises and inspection of records |
(2) | Admissibility of copies |
(3) | Entry with order |
(4) | Obstruction of inspector |
SERVICE OF DOCUMENTS | |
51(1) | Service of documents |
(2) | Deemed receipt |
OFFENCES | |
52(1) | Offence |
(2) | Officers, directors and employees |
(3) | Limitation on prosecution |
(4) | Prosecution of offence |
(5) | Stay of proceedings |
53 | Single act of unauthorized practice |
PROTECTION FROM LIABILITY | |
54 | Protection from liability |
LIMITATION PERIOD FOR MEMBERS | |
55 | Limitation period for members |
INJUNCTION | |
56 | Injunction |
LIMITED LIABILITY PARTNERSHIPS | |
57 | Limited liability partnerships |
PART 7 | |
TRANSITIONAL PROVISIONS | |
58(1) | Definition of "former Act" |
(2) | Registration continued |
(3) | Board continued |
59 | Complaints re past conduct |
PART 8 | |
REPEAL AND COMING INTO FORCE | |
60 | Consequential amendment, C.C.S.M. c. M225 |
61 | Consequential amendment, C.C.S.M. c. R38 |
62 | Repeal |
63 | C.C.S.M reference |
64 | Coming into force |