Date: December 1, 2004
R.S.M. 1990, c. 184
The Society of Management Accountants of Manitoba Incorporation Act
WHEREAS the persons hereinafter named and others prayed that the Society of Industrial and Cost Accountants of Manitoba should be incorporated for the purpose of increasing the knowledge, skill and proficiency of the members of the said society in all things relating to cost and industrial accounting, business organization and administration, and generally for the carrying out of the objects of the society: William Dunbar, Comptroller, George Herbert Elliott, Secretary-Treasurer, Walter James MacDonald, Chartered Accountant, John Haynes Smith, Comptroller, and Daniel Sprague, Chartered Accountant, all of the City of Winnipeg, in the Province of Manitoba;
AND WHEREAS their prayer was granted, and resulted in the enactment of The Society of Industrial and Cost Accountants Act, assented to April 26, 1947;
AND WHEREAS the Act was subsequently amended and the name of the corporation changed to the Society of Management Accountants of Manitoba;
AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Society of Management Accountants of Manitoba (hereinafter referred to as "the society") is continued as a corporation consisting of those persons who were members on the coming into force of this Act and such other persons as become members of the society.
The general objects of the society are
(a) to provide an organization for accountants particularly interested in the preparation and interpretation of financial statements and reports for use by management, in planning and controlling the operations, in making special decisions and formulating major plans and policies, of and for business and governmental organizations and to promote and increase by all lawful means the knowledge, skill and proficiency of its members and all things relating to management accounting; and
(b) to promote and to foster in the public, particularly in commercial and governmental organizations, a greater awareness of the importance of management accounting.
The members of the society from time to time comprise the society.
Membership in the society is open to any one 16 years of age or over who is engaged or interested in management accounting.
The membership of the society shall be divided into two classes, namely:
(a) registered or certified members as determined by the council; and
(b) student members.
A register, which shall be open for inspection by the public at all reasonable times, shall be kept containing the names of all members of the society in good standing.
Only those members whose names appear in the register shall be entitled to the privileges of membership in the society.
Subject to The Insurance Act, the society may establish and administer a benevolent fund for any members, or the families of any deceased members, of the society who may require financial assistance, and for that purpose may make and receive contributions.
The society may purchase, sell, mortgage, lease or otherwise deal with such real property as is actually required for its purposes.
The affairs and business of the society shall be controlled, managed and regulated by a council which shall consist of at least ten qualified members, five of whom shall constitute a quorum, and who shall hold office for a term of one year and until their successors are elected: Provided that any member of the council may be re-elected.
When a vacancy occurs in the council from any cause, the council shall appoint any registered or certified member of the society to fill the vacancy until the next annual meeting of the society.
A general meeting of the society shall be held annually for the purpose of electing the council and for such other business as may be brought before the meeting.
A general meeting shall be held at such time and place, upon such notice and otherwise as is provided in the by-laws of the society.
The council shall elect from its members a president, a first and a second vice-president, and a secretary and a treasurer or a secretary-treasurer; and may appoint a registrar and such other officers and employees as may be provided for in the by-laws of the society.
The council may pass by-laws which shall not come into force until approved at an annual general meeting of the society or at a special general meeting thereof called for the purpose of considering same.
The by-laws of the society may,
(i) a curriculum and a course of studies in management accountancy and business organization and administration that shall be pursued by student members,
(ii) the subjects upon which candidates for admission as registered or certified members shall be examined, and
(iii) the conditions upon which certificates of membership shall be granted to registered or certified members;
(b) provide for the establishment of lectures and classes for members of the society in management accounting;.
(c) authorize an agreement between the society and any university, college or school for such lectures or classes as may come within the course of subjects prescribed by the by-laws of the society;
(d) provide for regulating the conduct of the members of the society, including the suspension or expulsion of any member for misconduct or violation of the by-laws or regulations of the society;
(e) provide for the payment of salary to the secretary and the treasurer or the secretary-treasurer, the registrar and any other officer or employee of the society and for fixing the duties of each of them;
(f) fix the examination fees to be paid by members, and by candidates for admission to membership in the society, and the annual fees to be paid by members;
(g) provide for the establishment of chapters of the society within Manitoba;
(h) provide for the affiliation of the society with any other body, corporate or unincorporate, having objects similar to those of the society;
(i) govern the election of members to the council;
(j) fix procedure to be adopted at meetings;
(k) provide generally for the carrying out of the purposes of this Act.
Any by-law of the society may be annulled by order of the Lieutenant Governor in council, and shall cease to have effect from the date stated in such order.
Every registered or certified member of the society has the right to use the designation
(a) "Registered Industrial Accountant", or
(b) "Certified Management Accountant" or "Comptable en Management Accrédité";
as may be determined by the council, and has the right to use, after his name, the initials
(c) "R.I.A"; or
(d) "C.M.A." or "c.m.a";
as may be determined by the council, indicating that he is a registered or certified member of the society in good standing.
Every person taking or using the designation "Registered Industrial Accountant" or "Certified Management Accountant" or "Comptable en Management Accrédité" or the initials "R.I.A." or "C.M.A." or "c.m.a.", or any name, title or description implying that he is a registered or certified member of the society, unless he is authorized under subsection (1) so to do, is guilty of an offence and liable, on summary conviction, to a fine of not less than $25. and not more than $500. for each offence.
This Act shall not affect or interfere with the right of any person to carry on business in Manitoba as a cost accountant, or management accountant, or certified accountant, or professional accountant, and from designating himself as such.
Any surplus derived from carrying on the affairs and business of the society shall be devoted to, and applied solely in, promoting and carrying out its objects and purposes, and shall not be divided among its members.
NOTE: This Act replaces S.M. 1947, c. 101.