This is an unofficial version of the Act as of the day it was repealed.
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REPEALED
Date: September 1, 2015
C.C.S.M. c. C46
The Certified General Accountants Act
(Assented to March 15, 1990)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"association" means The Certified General Accountants Association of Manitoba; (« Association »)
"board" means the Board of Governors established under subsection 3(1); (« conseil »)
"by-law" means a by-law of the association; (« règlement administratif »)
"by-law resolution" means a resolution of the board that is made under section 6 and that makes, amends or repeals a by-law; (« résolution concernant un règlement administratif »)
"certificate" means a certificate of the association which certifies that the person named on it
(a) is a certified general accountant and a member of the association, or
(b) is a specialist in a field or branch of practice; (« certificat »)
"certified general accountant" means a person who is certified by the association and is a member of the association; (« comptable général accrédité »)
"committee" means a committee of the board, whether a standing committee or a committee struck for a particular purpose; (« comité »)
"inquiry" means an inquiry that is conducted by an inquiry committee under section 14; (« enquête »)
"inquiry committee" means a committee that is directed under clause 12(6)(b) to conduct an inquiry; (« comité d'enquête »)
"judge" means a judge of the Court of Queen's Bench; (« juge »)
"limited liability partnership" means a limited liability partnership within the meaning of The Partnership Act; (« société à responsabilité limitée »)
"member" means a member of the association and, except in sections 3, 7, 9 and 11, includes a student; (« membre »)
"permit" means a document issued under subsection 11.3(1) certifying that the corporation named in the document is authorized to provide professional services in the province for the period specified in the document; (« permis »)
"professional corporation" means a corporation holding a valid permit; (« cabinet de comptables » ou « cabinet de comptables à responsabilité limitée »)
"professional services" means public accounting services; (« services professionnels »)
"secretary" means the secretary or the secretary-treasurer appointed under subsection 3(9); (« secrétaire »)
"student" means a person who is enrolled in a course of studies established or sponsored by the association. (« étudiant »)
S.M. 1999, c. 41, s. 2; S.M. 2002, c. 30, s. 14.
The Certified General Accountants Association of Manitoba, incorporated by a private Act of the Legislature, is continued as a body corporate.
The association has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
The objects of the association
The objects of the association are
(a) to provide the means and the facilities by which members can increase their professional knowledge, skill and proficiency as accountants, auditors or financial managers;
(b) to maintain appropriate standards of practice among members that are consistent with the principle of self-regulation and the public interest;
(c) to regulate and govern the professional conduct of members; and
(d) to generally advance the professional interests of members.
A Board of Governors is hereby established as the governing body of the association.
The board shall manage and conduct the business and affairs of the association and may exercise the powers of the association in the name of and on behalf of the association.
The board shall consist of not fewer than five and not more than 15 persons.
Association non-members on board
At least 20% of the persons elected or appointed to the board shall not be members of the association.
Subject to subsection (6), board members shall be elected by the members of the association as provided in the by-laws.
Vacancies filled by appointment
Where a vacancy occurs on the board, the board may appoint a person to fill the vacancy until the next annual general meeting of the association.
The board shall elect from its members a president, a first vice-president and a second vice-president.
Chairperson and vice-chairperson
The president shall act as chairperson of the board and the first vice-president shall act as vice-chairperson of the board.
The board shall appoint a secretary-treasurer or a secretary and a treasurer.
Appointee need not be board member
A person who is not a member of the board or the association may be appointed under subsection (9).
Persons to be admitted as members
The board shall admit a person as a member where the person
(a) satisfies the prescribed admission requirements; and
(b) demonstrates, to the satisfaction of the board, appropriate educational and professional qualifications and character.
Terms and conditions on admission
The board may impose terms and conditions upon the admission of a person under subsection (1) as the board considers appropriate.
General meetings of the association shall be held in accordance with the by-laws and at least one general meeting, designated as the annual general meeting of the association, shall be held in each calendar year.
Subject to the provisions of this Act, the board may, by resolution, make, amend or repeal by-laws regulating the business and affairs of the association and its members and, without restricting the generality of the foregoing, the board may, by resolution, make, amend or repeal by-laws
(a) fixing the number and terms of office of board members;
(b) respecting the holding of regular, special and annual general meetings of the association;
(c) prescribing a curriculum and course of studies for students;
(d) prescribing the examination standards and the examinations required of students and other candidates seeking membership in the association;
(e) prescribing the academic or professional qualifications that are required for admission as a member and certification as a certified general accountant;
(f) prescribing the examination fees and tuition, if any, payable by candidates seeking admission to the association and by students;
(g) prescribing the duties and the remuneration of examiners;
(h) regulating and governing professional conduct of members;
(i) regulating and governing professional standards applicable to the practices of members and of professional corporations;
(j) prescribing continuing professional education requirements for members;
(k) regulating and governing the duties, tasks, services and functions that may be performed by students and the limitations, restrictions or conditions, if any, under which such duties, tasks, services and functions may be performed;
(l) respecting applications for membership and prescribing application fees;
(m) prescribing categories of members and the rights, privileges and obligations that apply to each category;
(n) prescribing the membership fees and other fees or assessments payable by members whether on an annual basis or otherwise;
(o) regulating and governing the registration of members, including
(i) the renewal, suspension, cancellation or reinstatement of memberships, and
(ii) the imposition of limitations, restrictions or conditions on memberships;
(p) prescribing the form, content and issuance of certificates;
(p.1) regulating and governing the provision of professional services by professional corporations, including by-laws
(i) respecting the application for and the issuance, expiry and renewal of permits, and providing for conditions that must be met before a permit may be issued or renewed,
(ii) setting the fees payable on application for a permit or renewal of a permit,
(iii) respecting notification of changes required under section 11.7,
(iv) prescribing conditions or restrictions that may be imposed on permits,
(v) respecting procedures for the issuance, renewal, suspension or cancellation of permits, or the imposition of conditions or restrictions on permits,
(vi) respecting names by which professional corporations or partnerships referred to in section 11.2 may be known or under which they may provide professional services;
(q) prescribing penalties for breaches of the by-laws;
(r) prescribing a tariff of costs that may be charged against a member who is the subject of an inquiry;
(s) prescribing the administration fees payable with respect to applications, appeals or other proceedings under this Act;
(t) prescribing classes of specialists and licensees in branches or fields of practice, including
(i) the qualifications required for registration as a specialist or licensee and for the issuance of a specialist certificate or license,
(ii) the renewal, suspension, cancellation or reinstatement of a specialist certificate or license and the imposition of limitations, restrictions or conditions on a specialist certificate or license,
(iii) the use of terms, titles, initials or designations indicating specialization or a license in a branch or field of practice, and
(iv) the duration of specialist certificates and licenses;
(u) prescribing the requirements for nomination for election to the board and the procedure governing the election of board members;
(v) subject to the provisions of this Act, respecting the powers and duties of officers and members of the board;
(w) with respect to meetings of the board, general meetings of the association or meetings of a committee, prescribing
(i) rules of procedure,
(ii) quorum requirements,
(iii) methods of voting, and
(iv) qualifications of persons entitled to vote;
(x) establishing branches, regions, chapters or sub-sections of the association and prescribing the management organization of the branches, regions, chapters or subsections;
(y) authorizing the making of agreements, co-operative arrangements or affiliations with other institutions, organizations or professional bodies, whether or not located in the province;
(z) providing for the election, appointment, removal and remuneration of officers of the board;
(aa) providing for the election, appointment, removal and remuneration of officers, officials, employees or agents of the association;
(bb) respecting the powers and duties of officers, officials, employees or agents of the association;
(cc) establishing committees for carrying out the business and affairs of the board;
(dd) delegating to committees, officers, officials, employees or agents of the board or the association any of the duties, powers or privileges of the board or of an officer or committee of the board, other than the power of the board under this section to make, amend or repeal by-laws and other than the duties, powers and privileges of the secretary under subsection 11(1), the first vice-president and president under section 12, an inquiry committee under sections 13 and 14 or the board under sections 4 and 18;
(ee) respecting the management and disposition of trust, charitable or benevolent funds in the possession of the association or of a member, a professional corporation or a firm of members, professional corporations or any combination thereof, including the books, records and accounts to be kept with respect to such funds and the audit of such books, records and accounts;
(ff) setting the fiscal year of the association and determining the location of the head office of the association;
(gg) respecting the use of commercial advertising by members and professional corporations;
(hh) respecting the use of professional liability insurance by members and professional corporations, including requiring members and professional corporations that practise in limited liability partnerships to maintain a minimum amount of liability insurance, as defined in Part III of The Partnership Act;
(ii) respecting reviews by the association of the accounting practice of members and professional corporations;
(jj) defining a term that is used in this Act and that is not defined in this Act; and
(kk) respecting such other matters as the board considers necessary for the administration of this Act.
Incorporation of external standards
In making or amending a by-law, the board may incorporate by reference as a part of the by-law a practice, rule or regulation of another association or organization having objects or purposes that are similar to those of the association.
A by-law resolution requires the approval of a majority of board members.
S.M. 1990-91, c. 12, s. 1; S.M. 1999, c. 41, s. 3; S.M. 2002, c. 30, s. 14.
Coming into force upon confirmation
Subject to subsection (3), a by-law resolution does not come into force until it is confirmed by the members at an annual general meeting of the association.
Confirmation of by-law resolution
Where a by-law resolution is passed by the board, the board shall, at the next annual general meeting of the association, present the by-law resolution for confirmation by the members.
Option as to coming into force
Subject to subsection (4), the board may declare that a by-law resolution comes into force on the day it is passed by the board.
By-law lapses if not confirmed
Where a by-law resolution comes into force on the day it is passed by the board and is not confirmed by the members at the next annual general meeting of the association, the resolution ceases to have effect on the day after the date of the annual general meeting.
Subject to subsection (2), a member and the practice of the member are bound by the by-laws.
Where a by-law conflicts with a provision of this Act, this Act prevails.
By-laws are public documents and may be inspected by a member of the public at any time during the usual business hours of the association.
Subject to section 11.2 and subsection 11.3(1), no person, other than a member in good standing, may use the designations "Certified General Accountant" or "Certified General Accountant (Honorary)", or the corresponding abbreviated designations "C.G.A." or "C.G.A. (Hon.)", after the name of the person or with respect to the professional qualifications of, or the professional services provided by, the person.
Except where the person is a member in good standing and is permitted to do so under a by-law, no person shall use the designation "Accredited Public Accountant" or the corresponding abbreviated designation, "A.P.A.", after the name of the person or with respect to the professional qualifications of, or the professional services provided by, the person.
C.G.A. certifications by association only
No person, body or organization, other than the association, may certify a person as a certified general accountant or purport to give to a person professional recognition or standing as a certified general accountant or as an accredited public accountant.
A person, body or organization that contravenes subsection (1), (2) or (3) is guilty of an offence.
Directors, officers and employees
If a corporation commits an offence under this section, a director, officer or employee of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted.
A person who is guilty of an offence under this section is liable, on summary conviction,
(a) for a first offence, to a fine of not more than $6,000.; and
(b) for a second or subsequent offence, to a fine of not more than $30,000.
Any fine imposed under this section shall be paid to the Minister of Finance.
Any person may be a prosecutor in the prosecution of an offence under this section, and the government may pay to the prosecutor a portion of any fine recovered, in an amount that it considers appropriate, toward the costs of the prosecution.
Certificate or permit property of association
Notwithstanding the granting of a certificate to a member or a permit to a corporation, the certificate or permit remains at all times the property of the association.
Return of certificate or permit
A member who is directed by the board to surrender his or her certificate or a permit issued to a corporation of which he or she is a director or officer shall forthwith deliver the certificate or permit to the secretary.
Enforcement by injunction or other order
For purposes of enforcing subsection (1), (2), (3) or (6), the board may apply to a judge for an injunction, including an interlocutory injunction, or other enforcement order.
The association may invest its funds in investments in which a trustee is authorized to invest under The Trustee Act.
The secretary shall establish and maintain
(a) a register of members; and
(b) a register of corporations that have been issued permits.
An entry in the register of members under subsection (1) shall include
(a) the full name of the member;
(b) the business address of the member;
(c) where applicable, the name and registered address of the professional corporation of the member;
(d) the date of admission to membership;
(e) the date of certification as a certified general accountant;
(f) where applicable, the date of certification as a specialist;
(g) the standing of the member;
(h) where applicable, the disciplinary restrictions, limitations or conditions to which the member is subject;
(i) where applicable, the name of the custodian appointed under subsection 12(7); and
(j) where applicable, whether the member is an undischarged bankrupt.
Entry in register of corporations
An entry in the registry of corporations under subsection (1) shall include
(a) the name and business address of the corporation;
(b) the names of the voting shareholders, the directors and the president of the corporation;
(c) any practice restrictions or other conditions imposed on the corporation's permit;
(d) a notation of each suspension or cancellation of the corporation's permit;
(e) where applicable, the name of the custodian appointed under subsection 12(7); and
(f) any other information that the by-laws require to be kept in the register.
Member in good standing has rights
Subject to subsection (4), a member who is listed in the register of members as a member in good standing is entitled to the rights and privileges of membership in the association.
Limitations or conditions apply
Where a member is subject to a limitation or condition under clause 18(5)(b), the rights and privileges of the member are governed by the limitation or condition.
Register open to public inspection
Each register under subsection (1) is open to inspection by members of the public during the business hours of the association.
In this section and sections 11.2 to 11.9,
"member" means, unless the context otherwise requires, a member of the association in good standing; (« membre »)
"voting share", in relation to a corporation, means a share of its capital stock that entitles the holder to vote in any election of directors of the corporation; (« action avec droit de vote »)
"voting shareholder", in relation to a corporation, means a person who owns a voting share of the corporation or is a voting shareholder of another corporation that owns a voting share of the corporation. (« actionnaire avec droit de vote »)
Professional corporation may provide professional services
A professional corporation may, through one or more members, provide professional services
(a) under its own name; or
(b) as a member of a general or limited liability partnership of professional corporations or of professional corporations and members, under a name approved by the secretary in accordance with the by-laws.
S.M. 1999, c. 41, s. 6; S.M. 2002, c. 30, s. 14.
Subject to subsection (2), the secretary shall issue a permit or a renewal of a permit to a corporation if he or she is satisfied that
(a) the corporation is incorporated, formed by amalgamation or continued under The Corporations Act and is in good standing under that Act;
(b) the name of the corporation includes the words "certified general accountant" or "certified general accountants" or the initials "C.G.A.";
(c) each voting share of the corporation is legally and beneficially owned by a member or a professional corporation;
(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is
(i) a voting shareholder of the corporation,
(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or
(iii) a corporation each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);
(e) each director of the corporation is a member;
(f) the president of the corporation is a member;
(g) each person through whom the corporation will be providing professional services is
(i) a member, or
(ii) an employee acting under the supervision of a member through whom the corporation will be providing professional services;
(h) the corporation has filed an application, in the form prescribed by the board, and paid the fee prescribed by the board, for the permit or renewal of the permit; and
(i) all other requirements prescribed by the board for the issuance or renewal of the permit have been satisfied.
Refusal to issue or renew permit
The secretary
(a) shall refuse to issue a permit to, or to renew the permit of, a corporation if the secretary is not satisfied by proper evidence that the corporation is eligible for the permit; and
(b) may refuse to issue a permit to, or to renew the permit of, a corporation if
(i) a permit issued to the corporation under this Act has been cancelled, or
(ii) a director, officer or shareholder of the corporation is or has been a director, officer or shareholder of a corporation whose permit under this Act has been cancelled.
When the secretary refuses to issue or renew a permit under subsection (2), the secretary shall inform the corporation in writing of his or her decision and the reasons for the decision.
A corporation that is refused a permit or renewal of a permit under subsection (2) may appeal the secretary's decision to the board, which may confirm or vary the decision of the secretary.
S.M. 1999, c. 41, s. 6; S.M. 2002, c. 24, s. 6.
Unless it is cancelled, surrendered or under a suspension, a permit is valid for the period specified in the permit.
Business without permit prohibited
A corporation whose name contains "certified general accountant", "certified general accountants" or the initials "C.G.A." shall not carry on any business in the province unless it holds a valid permit.
Restriction on business of professional corporation
A professional corporation shall not carry on any business or activity other than the provision of professional services authorized by the permit and the provision of other services directly associated with the provision of those services.
Interpretation of business restriction
Subsections (1) and (2) shall not be construed so as to prohibit a corporation from investing its own funds in real property, other than for development purposes, or in stocks, mutual funds, debt obligations, insurance, term deposits or similar investments.
No act of a corporation, including a transfer of property to or by the corporation, is invalid merely because it contravenes subsection (1) or (2).
An agreement or proxy that vests in a person who is not a member the authority to exercise any voting right attached to a share of a professional corporation is void.
Unanimous shareholders' agreements void
A unanimous shareholders' agreement within the meaning of subsection 140(2) of The Corporations Act in respect of a professional corporation is void unless each shareholder of the corporation is a member or a professional corporation.
Every professional corporation shall notify the secretary, within the time and in a form and manner prescribed by the board, of every change in the voting shareholders, the other shareholders, the directors or the president of the corporation.
This Act and the by-laws apply to a member despite any relationship he or she may have with a professional corporation.
Obligations to clients not diminished
The fiduciary and ethical obligations of a member, and the obligations of a member respecting confidentiality, to a person receiving professional services
(a) are not diminished by the fact that the services are provided on behalf of a corporation; and
(b) apply equally to a corporation on whose behalf the services are provided and to its directors, officers and shareholders.
The liability of a member for a professional liability claim is not affected by the fact that the member is providing professional services on behalf of a corporation.
Liability of voting shareholders
A person is jointly and severally liable with a professional corporation, or a corporation acting in contravention of subsection 11.5(1), for all professional liability claims made against the corporation in respect of errors or omissions that were made or occurred while the person was a voting shareholder of the corporation.
Effect of member's conduct on professional corporation
If the conduct of a member through whom a professional corporation was providing professional services at the time the conduct occurred is the subject of an investigation or inquiry,
(a) any power that may be exercised in respect of the member may be exercised in respect of the corporation; and
(b) the corporation is jointly and severally liable with the member for all fines and costs the member is ordered to pay.
Member's practice restrictions apply to corporation
Any restriction imposed on the practice of a member through whom a professional corporation provides professional services applies to the permit of the corporation in relation to its provision of professional services through that member.
Grounds for suspension or cancellation of permit
Subject to subsection (2), a corporation's permit may be cancelled or suspended by the board if
(a) the corporation ceases to meet any of the requirements set out or referred to in subsection 11.3(1);
(b) the corporation contravenes any provision of this Act or the by-laws of the association; or
(c) a member, in the course of providing professional services on behalf of the corporation, does or fails to do anything as a result of which he or she ceases to be a member in good standing.
A professional corporation's permit shall not be cancelled or suspended by reason only of the fact that
(a) one or more shares of the corporation have vested in
(i) an executor or administrator of the estate of an individual as a consequence of the death of the individual, or
(ii) a trustee in bankruptcy on the bankruptcy of the owner of the shares,
unless the individual or owner was the only member through whom the corporation was providing professional services or the shares continue to be vested in the executor, administrator or trustee for a period of 180 days or any longer period allowed by the board;
(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;
(c) a member's right to practise has been temporarily suspended, unless
(i) the member remains a director or officer of the corporation more than 14 days after the commencement of the suspension, or
(ii) the corporation is not providing professional services through any other member; or
(d) an individual has ceased to be a member, for any reason other than the death or bankruptcy of the individual, unless
(i) the individual remains a director or officer of the corporation more than 14 days after ceasing to be a member,
(ii) the individual remains a voting shareholder of the corporation for more than 90 days after ceasing to be a member, or for any longer period allowed by the board, or
(iii) the corporation is not providing professional services through any other member.
Alternative to cancellation or suspension
Instead of suspending or cancelling the permit of a professional corporation, the board may do one or more of the following:
(a) reprimand the corporation or one or more directors or voting shareholders of the corporation;
(b) impose restrictions on the permit;
(c) impose a fine on the corporation, payable to the association, in an amount not exceeding $10,000.
S.M. 1999, c. 41, s. 6; S.M. 2000, c. 35, s. 1; S.M. 2002, c. 24, s. 6.
Limited liability partnerships
For the purposes of clause 69(1)(b) of The Partnership Act, members and professional corporations are authorized to form limited liability partnerships to practise public accounting as certified general accountants.
Where a person believes that a member, whether as a result of an act or omission of the member or the incapacity of the member due to illness or other disability, is in breach of a by-law relating to professional conduct or professional standards and that, as a result, the interests of the association or of a third party are at risk, the person may report the breach to the secretary.
Assessment by first vice-president
Upon receipt of a report under subsection (1), the secretary shall refer the report to the first vice-president for a preliminary assessment.
First vice-president reports to president
Upon the completion of a preliminary assessment under subsection (2), the first vice-president shall submit an assessment report to the president.
Immediate suspension by president
Where the president, upon receiving the assessment report of the first vice-president, believes that immediate suspension of a member is required in the public interest, the president may impose a temporary suspension on the member effective immediately.
A temporary suspension imposed under subsection (4) is subject to confirmation by the board at its next meeting.
Action by president after assessment
Where the president, after receiving the assessment report of the first vice-president, decides that an alleged breach of the by-laws is of a serious nature, the president shall
(a) inform the member of the preliminary assessment and of the decision of the president that the alleged breach is of a serious nature; and
(b) direct a committee of the board to conduct an inquiry.
Where the president, upon receipt of an assessment report under subsection (3), believes that the interests of third parties are seriously at risk, the president may apply to a judge for an order appointing a custodian to administer the business or practice of the member or of a corporation on whose behalf the member is practising, pending final determination of the matter.
S.M. 1990-91, c. 12, s. 1; S.M. 1999, c. 41, s. 7.
Where a committee is directed under clause 12(6)(b) to conduct an inquiry, the inquiry committee shall give the member to whom the inquiry relates seven days written notice of the time and place of the first meeting of the committee that is held for the taking of evidence.
A notice under subsection (1) shall include a summary of the facts alleged in the report made under subsection 12(1) and in the assessment report submitted under subsection 12(3).
A notice under subsection (1) may be personally served upon the member named in the notice or sent to the member by registered mail, postage prepaid, addressed to the member at the business address of the member as entered in the register of members under subsection 11(1).
Day of service of mailed notice
A notice served by registered mail under subsection (3) is deemed to be served on the day following the day on which the notice is mailed.
Proof of service of a notice under subsection (1) may be given by the affidavit or statutory declaration of the person who effects service.
Inquiry in default of attendance of member
Where a member is served with a notice under subsection (1), the committee may, upon proof of service of the notice, proceed with the inquiry in the absence of the member.
An inquiry committee has the powers that commissioners have under sections 88 and 89 and subsections 93(1) and 93(2) of The Manitoba Evidence Act.
Subject to a direction of the board providing for a larger quorum, the quorum of an inquiry committee is three.
Evidence and witnesses of member
A member who is the subject of an inquiry has the right to present evidence, to call witnesses in defence and reply and, subject to subsection (4), to cross-examine witnesses.
The rights of a member under subsection (3) do not include the right to cross-examine a witness who is called by the member unless the inquiry committee, upon application by the member, declares the witness to be adverse or hostile to the interests of the member.
Inquiry in public if member requests
Unless the member who is the subject of the inquiry requests otherwise, an inquiry shall be conducted in private.
An inquiry committee may use a magnetic tape recorder to record the evidence taken and the testimony heard during an inquiry.
Tape recording constitutes record
A magnetic tape recording of the evidence taken and the testimony heard during an inquiry, certified by the chairperson of the committee to be a full and complete recording of the evidence taken and the testimony heard during the inquiry, constitutes, for purposes of this Act, a record of the evidence taken and testimony heard during the inquiry.
A member who is the subject of an inquiry under this Act has the right to be represented by counsel at the inquiry.
Upon completion of an inquiry, the inquiry committee shall submit a written report to the president.
Report to include recommendation
An inquiry report under subsection (1) shall include recommendations by the inquiry committee as to the disciplinary action, if any, to be taken against a member.
Presentation of report to board
Upon receipt of an inquiry report under subsection (1), the president shall present the report to the board at its next meeting.
Where an alleged breach of the by-laws relates to, or arises in connection with, a dispute between members or between a member and a third party, the president may recommend to the parties that they attempt to resolve the dispute through mediation.
Reasonable time allowed for mediation
Where the parties under subsection (1) agree to attempt to resolve a dispute through mediation, the president shall, before presenting the inquiry report to the board under subsection 16(3), allow a reasonable period of time for completion of the mediation.
Notice to member of possible action
Where, upon consideration of an inquiry report, the board determines that disciplinary action might be required, the president shall send to the member who is the subject of the inquiry
(a) a copy of the inquiry report; and
(b) at least 14 days notice of the date, place and time of the meeting of the board at which possible disciplinary action against the member is to be considered.
Board to hear submissions of member
At a meeting of the board under clause (1)(b), the board shall receive and consider the submission, if any, of the member who is the subject of the inquiry, but may, in its discretion, decline to receive further evidence.
A submission under subsection (2) may be written or oral and may be made by counsel acting on behalf of the member.
Committee members disqualified
Where a meeting of the board is called under clause (1)(b), the members of the inquiry committee shall not attend the meeting or in any way participate in the consideration of the inquiry report by the board.
After considering the submission, if any, of the member who is the subject of the inquiry, the board may take no disciplinary action, or may, by order,
(a) expel, suspend, fine or reprimand the member; and
(b) impose limitations or conditions upon the member or upon the rights of practice of the member.
Publication of the results of the inquiry
In making an order under subsection (5), the board may, in addition, direct the publication of the results of the inquiry and any other information it deems appropriate.
The board may, by order, charge a member who is the subject of an inquiry with the costs of the inquiry.
Orders enforceable as judgments
A copy of an order of the board imposing a fine under clause 18(5)(a) or for costs under subsection 18(7), certified by the secretary to be a true copy, may be filed in the Court of Queen's Bench and enforced as a judgment of the court.
Where a member is expelled or is suspended for a period of more than 15 days, the member may
(a) after the 15th day following the day of suspension; or
(b) after the 30th day following the day of expulsion;
apply to the board for reinstatement as a member.
For purposes of an application under subsection (1), the board may reinstate a member where the board is satisfied that reinstatement is not contrary to the interests of the association or the public generally.
No action may be brought against the board, a board member, a committee or a member of a committee or an officer of the board or against an officer, official, employee or agent of the association for actions done or decisions taken in good faith under this Act or on account of a procedural irregularity or defect of form in proceedings of the board or a committee.
Appeal to judge of Queen's Bench
Where the board, by order made under subsection 18(5), takes disciplinary action against a member, the member may, within 14 days of service of the order upon the member, appeal the order to a judge.
An appeal under subsection (1) shall only be made on the grounds that the inquiry committee or the board
(a) failed to observe a principle of natural justice;
(b) acted beyond or refused to exercise its jurisdiction; or
(c) made any other error of law.
Except as otherwise provided in this Act, an appeal under subsection (1) shall be by application in accordance with the Rules of the Court of Queen's Bench.
Where the board under subsection 18(7) makes an order for costs against a member, the member may appeal the order to a judge.
Rule 62 of the Rules of the Court of Queen's Bench applies to an appeal under subsection (4).
Suspension of disciplinary action
With respect to an appeal under subsection (1) or (4), the member making the appeal may, in accordance with Rule 63 of the Rules of the Court of Queen's Bench, apply to a judge for a stay of the order under appeal pending the appeal.
Transmittal of material to judge
Upon receipt of notice of an application for purposes of an appeal under subsection (1), the secretary shall transmit to the registrar of the Court of Queen's Bench a certified copy of
(a) the record of the proceedings before the inquiry committee, including the evidence taken and the testimony heard in the course of the inquiry;
(b) the report of the inquiry committee under subsection 16(1);
(c) the minutes of the meeting of the board under subsection 18(2), including a copy of any written submission that is made to the board at the meeting; and
(d) the decision of the board under subsection 18(5).
Where an appeal under subsection (1) or (4) is allowed and an order of the board is declared invalid or set aside, the judge hearing the appeal shall refer the matter back to the board for reconsideration in accordance with such directions, if any, as the judge considers appropriate as a result of the appeal.
Where, at the end of a fiscal year, the association has surplus funds, the funds shall be applied to the promotion and implementation of the objects of the association and shall not be distributed to the members.
Remuneration for secretary and officers
The secretary and other officers of the board may be paid such remuneration as the board determines.
Nothing in this Act interferes with the right of a person who is not a member to practise as an accountant or an auditor.
This Act may be referred to as chapter C46 of the Continuing Consolidation of the Statutes of Manitoba.
Upon proclamation of this Act, the governing board of the association, as constituted under the Private Act incorporating the association, continues as the board under this Act until a successor board is elected or appointed in accordance with the by-laws of the association made under this Act.
This Act comes into force on a day fixed by proclamation.
NOTE: S.M. 1989-90, c. 64 was proclaimed in force July 1, 1990.