Chartered Accountants By-laws

Link to law: https://www.novascotia.ca/just/regulations/regs/cabylaws.htm

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Chartered Accountants By-laws
made under Section 25 of the

Chartered Accountants Act

S.N.S. 1900, c. 154

Order in Council dated November 23, 1964, N.S. Reg. 13/64

as amended up to O.I.C. 2011-350 (September 27, 2011), N.S. Reg. 277/2011

Table of Contents

Definitions

Membership

Officers and their duties

Lay representation

Committees

Election of officers and Council

Meetings

Discipline

Registered students

Courses of study

Examinations

Professional liability insurance

Definitions for by-law 68A

Registration of a Nova Scotia LLP

Receipt of application

Registration of an extra-provincial LLP

Receipt of application

Insurance requirements

Notification of non-compliance

Information required annually

Professional corporations

Professional Development Committee

Definitions

In these by-laws

 

“Act” means an Act to incorporate the Institute of Chartered Accountants of NovaScotia, Chapter 154, Statutes of Nova Scotia 1900, as amended;

 

“British West Indies” means all those countries located in or around the CaribbeanSea which are, or were at any time since 1900, British Colonies or members of theBritish Commonwealth, provided that the Council at any time may declare that anysuch country which has ceased to be a British Colony or member of the BritishCommonwealth shall no longer be deemed to be one of the British West Indies forpurposes of these by-laws;

 

“Council” means the Council of the Institute of Chartered Accountants of NovaScotia;

 

“Executive Director” means the Executive Director of the Institute;

Definition “Executive Director” added: O.I.C. 2011-350, N.S. Reg. 277/2011.

 

“extra-provincial LLP” has the same meaning as in Part II of the Partnership Act, butis limited to an LLP;

Definition “extra-provincial LLP” added: O.I.C. 2011-350, N.S. Reg. 277/2011.

 

“firm” means a partnership;

Definition “firm” added: O.I.C. 94-818, N.S. Reg. 190/94.

 

“Institute” means the Institute of Chartered Accountants of Nova Scotia;

 

“LLP” means a limited liability partnership under Part II of the Partnership Act thatis engaged in, or holds itself out as engaging in, the profession, whether as a NovaScotia LLP or an extra-provincial LLP;

Definition “LLP” added: O.I.C. 2011-350, N.S. Reg. 277/2011.

 

“member” means a member of the Institute, except where otherwise indicated by thecontext;

Definition “member” added: O.I.C. 87-1187, N.S. Reg. 210/87.

 

“Nova Scotia LLP” has the same meaning as in Part II of the Partnership Act, but islimited to an LLP;

Definition “Nova Scotia LLP” added: O.I.C. 2011-350, N.S. Reg. 277/2011.

 

“Nova Scotia partner” means a member who is a partner in an extra-provincial LLPor a proposed extra-provincial LLP and who is either engaged in the profession orintends to be so engaged following registration of the proposed extra-provincial LLP;

Definition “Nova Scotia partner” added: O.I.C. 2011-350, snr 277/2011.

 

“number and gender” when stated as singular and masculine shall be construed asmeaning plural or feminine where the context so requires;

Definition “number and gender” added: O.I.C. 75-729.

 

“Organization” includes [a] corporation, company, society, association, firm orsimilar body as well as any department or division of a government or a Crowncorporation, agency, board or commission established by or pursuant to statute.

Definition “organization” added: O.I.C. 2008-83, N.S. Reg. 94/2008.

 

“practice of public accounting” means offering service whether on a full-time orpart-time basis to members of the public, alone or in partnership with others, inrespect of any one or more of the following:

 

“public accountancy” as defined in the Public Accountant’s Act, Chapter 369,R.S.N.S. 1989, as amended from time to time, or

 

accounting, insofar as it involves analysis, advice and interpretation in anexpert capacity, but excluding record keeping, and

 

taxation, insofar as it involves advice and counselling in an expert capacity, butexcluding mechanical processing of returns;

Definition “practice of public accounting” added: O.I.C. 87-1187, N.S. Reg. 210/87.

 

“practising member” means a member who is engaged in the practice of publicaccounting and includes member employees of practising members;

Definitions “practising member” added: O.I.C. 87-1187, N.S. Reg. 210/87.

 

“Practicing Office” means an office of a member, firm or professional corporationengaged in the practice of public accounting.

Definition “practicing office” added: O.I.C. 2008-83, N.S. Reg. 94/2008.

 

“profession” means the profession of chartered accountants in Nova Scotia and“professional” refers to that profession;

Definitions “profession” added: O.I.C. 87-1187, N.S. Reg. 210/87.

 

“professional colleague” means a member of the Institute or a member of aprovincial Institute;

Definitions “professional colleague” added: O.I.C. 87-1187, N.S. Reg. 210/87.

 

“professional corporation” means a corporation which meets the followingrequirements:

 

                         (1)    legal and beneficial interest of a majority of the issued shares and of thevoting shares of the professional corporation vest in members of theInstitute;

Subclause (1) replaced: O.I.C. 95-908, N.S. Reg. 181/95.

 

                         (2)    a majority of the persons who are directors of the corporation aremembers of the Institute;

 

                         (3)    any person who will carry on the practice of public accounting on behalfof the corporation is a member of the Institute or a person under thedirection or supervision of a member;

 

                         (4)    by virtue of its objects, the corporation has the capacity

 

                                  (i)     to engage in every phase and aspect of rendering the same servicesto the public that a member of the Institute is authorized to render,

 

                                  (ii)    to purchase, or otherwise acquire and to own, mortgage, pledge,sell, assign, transfer and otherwise dispose of, and to invest in, dealin or with, real or personal property necessary for the rendering ofsuch professional services,

 

                                  (iii)  to contract debts and borrow money, issue and sell or pledgebonds, debentures, notes and other evidences of indebtedness andexecute such mortgages, transfers of corporate property or otherinstruments to secure the payment of corporate indebtedness asrequired, and

 

                                  (iv)   to enter into partnership, consolidate or merge with or purchase theassets of another corporate [corporation] or individual rendering thesame professional services.

Definition “professional corporation” added: O.I.C. 94-818, N.S. Reg. 190/94.

 

“professional development” means activities which sustain a member’s professionalcompetence by keeping the member informed of, and able to comply with,developments of professional standards in all functions in which the memberpractises or in which the member is relied upon because of the member’s calling;

Definition “professional development” added: O.I.C. 95-908, N.S. Reg. 181/95.

 

“provincial institute” means an institute of chartered accountants incorporated inBermuda or in any province of Canada other than Nova Scotia;

Definition “provincial institute” replaced: O.I.C. 75-729.

 

“Registrar of Joint Stock Companies” means the Registrar of Joint Stock Companiesof the Province;

Definition “Registrar of Joint Stock Companies” added: O.I.C. 2011-350, N.S. Reg. 277/2011.

 

“student” means a student-in-accounts in good standing registered under the[se] by-laws and includes a person registered on a conditional basis under the[se] by-laws;and words importing the singular number or the masculine gender only include morepersons, parties or things of the same kind than one, and females as well as malesand the converse.

Definition “student” added: O.I.C. 87-1187, N.S. Reg. 210/87.

Membership

1     Subject to the Act and the[se] by-laws, the membership of the Institute consists of thosepersons who were members of the Institute in good standing at the date of the enactment ofthese by-laws and such other persons as are thereafter admitted in accordance with the Actand the[se] by-laws and who in every case continue in good standing. The Council shallcause to be established and maintained a register of members and to cause to be recordedtherein the names, mailing addresses and email addresses, if applicable, of all members ofthe Institute and all registered students of the Institute and such other information asCouncil may require.

By-law 1 amended: O.I.C. 2011-350, N.S. Reg. 277/2011.

 

2     Upon application the Council may admit as a member any person who

 

       A               (i)     has passed the final examinations of this Institute from time to timeprescribed if, on report from the Membership Committee, the Council issatisfied as to his or her character, habits and other qualifications, and hascompleted a term of experience in an approved office for a period of timeand upon such terms as shall be determined by the Council, includingcompletion of such professional development or other courses as Councilmay from time to time require, or

 

                         (ii)    having been a student of a provincial institute and having recently passedthe final examinations of that institute is unable to become a member ofthat institute due to any legal restriction of that province which is not alsoa legal restriction of Nova Scotia with respect to membership andCouncil is satisfied as to his or her character, habits and otherqualifications, or

 

       B      is a member in good standing of a provincial institute, or

 

       C      is a member in good standing of a corporate body outside of Canada having the sameor similar objects as the Institute and who has attained a standard of education,training and experience equivalent, in the opinion of the Council, to that required ofapplicants for admission under By-law 2A, or

 

       D      is a member in good standing of any body of professional accountants recognized bythe Institute as possessing standards of education, training and experience equivalentto that required of applicants for admission under By-law 2A and who satisfies theCouncil as to his or her character and habits.

By-law 2 replaced: O.I.C. 95-908, N.S. Reg. 181/95.

 

3     (1)    Every member shall be entitled to receive a certificate of membership which shall bein such form as the Council may from time to time determine and, subject to theterms of these by-laws, to hold the certificate as long as he remains a member.

 

       (2)    Such certificate shall remain the property of the Institute and in the event oftermination or suspension of membership for any reason other than death shall bereturned to the Institute.

 

4     Any member in good standing and not under liability to the Institute pursuant to Sections[By-laws] 7B, 65 or otherwise, and provided that no complaint, charge or default relatingto professional misconduct against him is outstanding shall be entitled to resign hismembership by giving to the Secretary notice in writing of his intention to do so not laterthan fifteen (15) days from the date of the notice referred to in Section [By-law] 8(1), andsuch resignation shall take effect on the day set by the Council.

By-law 4 replaced: O.I.C. 86-945, N.S. Reg. 217/86.

 

5     Every person entitled to membership by having passed the final examinations of theInstitute shall pay an entrance fee, the amount of which shall be established in accordancewith the provisions of Section [By-law] 7A.

By-law 5 replaced: O.I.C. 75-729.

 

6     All other persons accepted for membership in the Institute shall pay an entrance fee at thetime of admission, provided that the Council may waive the payment of such entrance feeif the applicant is a member in good standing of a provincial institute which accords thesame privilege to members of the Institute. The amount of such entrance fee shall be thesame as the amount established from time to time for the purposes of Section [By-law] 5.

By-law 6 replaced: O.I.C. 75-729.

 

7     A      Annual fees shall be due and payable the first day of May for the twelve monthsending the 30th day of April next following in such amounts and payable by suchcategories of members and students as shall have been determined by Council. Theamount of admission fees provided for in By-law 5 and By-law 6 shall bedetermined by Council. The categories of members and students shall be as follows:

 

Category I

                (a)    Member engaged as a principal means of livelihood in the practice of publicaccounting in Nova Scotia;

 

                (b)    member engaged in the practice of public accounting in the British WestIndies;

 

                (c)    member engaged in the practice of public accounting other than in NovaScotia while not a member in good standing of a provincial institute orcorporate body outside of Canada having the same or similar objects as theInstitute.

 

Category II

                (a)    Member resident in Nova Scotia but not engaged as a principal means oflivelihood in the practice of public accounting;

 

                (b)    member resident other than in Nova Scotia but not engaged in the practice ofpublic accounting, while not a member in good standing of a provincialinstitute or corporate body outside Canada having the same or similar objectsas the Institute.

 

Category III

All other members.

 

Category IV

Registered students.

By-law 7A replaced: O.I.C. 95-908, N.S. Reg. 181/95.

 

       B      Members may be assessed an additional fee to provide funds for special purposes ifsuch assessment is approved by a majority of the members present at an annual orother general meeting of the Institute, the notice whereof shall have specified that themembers will be asked to approve such assessment.

 

       C      The Membership Committee may waive, remit, or defer, in whole or in part, the feesof any member under any circumstances which in its discretion warrants such actionand report such decisions to Council.

Original By-law 7C repealed: O.I.C. 2008-83, N.S. Reg. 94/2008.

Original By-law 7D replaced: O.I.C. 83-1032, N.S. Reg. 201/83; amended: O.I.C. 1998-601, N.S. Reg. 89/98;renumbered 7C: O.I.C. 2008-83, N.S. Reg. 94/2008.

 

       D      Any person admitted to membership in the last six months of the fiscal year shall payone-half of the annual fees for the fiscal year.

Original By-law 7E renumbered 7D: O.I.C. 2008-83, N.S. Reg. 94/2008.

 

8     (1)    If any fee or assessment payable by any member of the Institute is not paid withinsixty (60) days after the date upon which the same is due and payable, the Secretaryshall forthwith send by registered mail to his address as shown on the register ofmembers a notice to the effect that unless the said fee or assessment is paid withinfifteen (15) days from the date of such notice such member shall be suspended frommembership in the Institute. If such fee or assessment is not paid before theexpiration of the said fifteen (15) days such member shall automatically standsuspended from membership in the Institute until the Council cancels suchsuspension upon such terms as the Council shall determine.

 

       (2)    Any member whose fees or assessments are not paid within nine (9) months after thedate of his suspension shall be deemed to have thereby terminated his membershipand his name shall be removed from the register of members. Such a person maysubsequently be re-admitted upon such terms as the Council may approve.

By-law 8(2) replaced: O.I.C. 86-945, N.S. Reg. 217/86.

Officers and their duties

9     The President shall preside and preserve order at all meetings of the Institute and of theCouncil. In his absence the Vice-President shall exercise the office of President. In theabsence of the President and Vice-President, a Chairman, who for the time being shall bevested with the powers of the President, shall be elected by a majority of those present.

 

10   (1)    The Secretary shall be responsible for the keeping of the records and papers of theInstitute and for custody of the seal, for the performance of all secretarial duties inthe Institute and such other duties as the Council may from time to time direct.

 

       (2)    If the office of the Secretary is vacant or if the Secretary is unable for any reason toperform his duties the President shall appoint in writing some other member to act asSecretary pro tempore.

 

11   The Treasurer shall be responsible for the receipt, custody and disbursement of the fundsof the Institute, the keeping of accounts and the preparation of financial statements andshall perform such other duties as the Council may from time to time direct.

 

12   (1)    All cheques issued on behalf of the Institute shall be signed by any two of thefollowing, namely the President, Vice-President, Secretary, Treasurer, or ExecutiveDirector, or such other persons as are approved for this purpose by Council.

By-law 12(1) replaced: O.I.C. 69-807; amended: O.I.C. 1999-496, N.S. Reg. 104/99.

 

       (2)    All documents to be signed by the Institute under seal shall be signed by thePresident and the Secretary or, in their absence, by any two of the Vice-President,Treasurer, and Executive Director, and the seal of the Institute shall be impressedthereon.

By-law 12(2) replaced: O.I.C. 1999-496, N.S. Reg. 104/99.

 

       (3)    All other documents may be signed by such persons as are approved by Council.

By-law 12(3) added: O.I.C. 1999-496, N.S. Reg. 104/99.

 

1313 (1)  The Council may appoint an Executive Director who shall be responsible for suchduties as may be assigned to him by Council. The offices of Executive Director,Secretary and Treasurer, or any two of them, may be combined in one person. TheExecutive Director, the Secretary, and the Treasurer shall respectively receive suchremuneration as the Council shall from time to time by resolution determine.

By-law 13 replaced: O.I.C. 75-729; renumbered 13(1): O.I.C. 2007-385, N.S. Reg. 331/2007.

 

       (2)    The Executive Director, appointed by Council, shall also hold the position of ChiefExecutive Officer of the Institute of Chartered Accountants of Nova Scotia. TheExecutive Director may be identified in all documents and in all communication,written or oral, as the Chief Executive Officer of the Institute of CharteredAccountants of Nova Scotia. For purposes of clarity, any act taken by orcommunication issued by the Executive Director using the title Chief ExecutiveOfficer shall for the purposes of the Chartered Accountants Act and this By-Law beconsidered to be an act of the Executive Director of the Institute of CharteredAccountants of Nova Scotia.

By-law 13(2) added: O.I.C. 2007-385, N.S. Reg. 331/2007.

Lay representation

14   The Council of the Institute shall consist of

 

                (a)    11 members of the Institute resident in Nova Scotia of whom at least two mustbe resident outside the Halifax Regional Municipality, who shall be electedannually as hereinafter provided by these by-laws; and

Clause 14(a) amended: O.I.C. 1998-601, N.S. Reg. 89/98.

 

                (b)    not more than two additional persons who are not members of the Institutewho shall be appointed by Council at the first meeting of the Council nextfollowing an annual meeting and hold office for two years or for such term asCouncil may from time to time determine.

By-law 14 replaced: O.I.C. 94-818, N.S. Reg. 190/94.

Committees

15   (1)    The Council shall appoint annually from among Council members Committees ofCouncil including:

 

                (a)    an Audit Committee;

                (b)    a Human Resources Committee;

                (c)    a Planning Committee; and

                (d)    an Executive Committee.

 

       (2)    The Council shall appoint annually from the members of the Institute StatutoryCommittees including:

 

                (a)    a Membership Committee;

                (b)    a Complaints Committee;

                (c)    a Conduct Committee;

                (d)    a Professional Standards Committee;

                (e)    a Nominating Committee;

                (f)    a Professional Development Committee; and

Clause 15(2)(f) replaced: O.I.C. 2001-439, N.S. Reg. 118/2001.

                (g)    an Honours Committee.

 

       (3)    Council shall appoint non-members to Statutory Committees as required by these by-laws.

By-law 15 replaced: O.I.C. 1998-601, N.S. Reg. 89/98.

 

16   The Membership Committee shall be responsible for reporting to Council on allapplications for registration as students, for examinations or for membership in theInstitute.

By-law 16 amended: O.I.C. 94-818, N.S. Reg. 190/94.

 

17   The Complaints Committee and Conduct Committee shall report to the Council throughthe Executive Director on all matters pertaining to professional conduct referred to them bythe Executive Director.

Original By-law 18 replaced: O.I.C. 86-945, N.S. Reg. 217/86; amended: O.I.C. 94-818, N.S. Reg. 190/94;renumbered 17 and amended: O.I.C. 1998-601, N.S. Reg. 89/98.

 

18   (1)    The Professional Standards Review Committee, Nominating Committee, andHonours Committee shall have such powers as conferred on them by the By-laws.

 

       (2)    All other Committees of Council and Statutory Committees shall have such powersand duties as determined by Council.

By-law 18 added: O.I.C. 1998-601, N.S. Reg. 89/98.

 

19   The Council may appoint such other committees from time to time as it may determineand shall assign the duties to be performed by such committees.

Election of officers and Council

20   (1)    On or before the fifteenth day of April in each year the Secretary shall prepare anomination document in a form satisfactory to the Council for the nomination ofmembers of the Council. On or before the twentieth day of April, in each year, theSecretary shall send the nomination document to each member of the Institute bymail, by courier, electronically or by any other means approved by Council to themember’s mailing or email address as shown on the register of members. TheSecretary shall select the means or combination of means by which the nominationdocument shall be sent to members. The Secretary shall cause to be included in thenomination document a notice to the effect that unless the signed nominationdocument is returned to the Secretary on or before the first day of May following itshall not be counted as a nomination.

By-law 20(1) replaced: O.I.C. 2011-350, N.S. Reg. 277/2011.

 

       (2)    (a)    Each nomination of a candidate for election to Council shall be countersignedby two other members of the Institute and shall have the written assent of thenominee appended thereto.

 

                (b)    Any member who countersigns a nomination paper shall be deemed to havenominated the candidates listed thereon.

By-law 20 replaced: O.I.C. 77-1190, N.S. Reg. 119/77.

 

21   (1)    On or before the first day of May in each year, the President shall appoint threemembers of the Institute to be scrutineers. The scrutineers shall open thenomination papers returned to the Secretary and shall prepare a list of the names ofall members who have been nominated for election to the Council. The scrutineersshall deliver the list, as compiled, to the Secretary before the seventh day in May ineach year.

 

       (2)    If the list, delivered by the scrutineers to the Secretary, contains less than 11 namesin total or less than the names of two candidates resident outside the HalifaxRegional Municipality, the Nominating Committee shall make the nominationsnecessary to make up the deficiency, and shall report the members so nominated tothe President at the annual meeting for election in accordance with the requirementsof Section [By-law] 25 of these by-laws.

By-law 21(2) amended: O.I.C. 1998-601, N.S. Reg. 89/98.

 

       (3)    In the event that the total number of members nominated is 11, including at least twonominees not resident in the Halifax Regional Municipality, the scrutineers shall notcause a voting paper to be prepared, but shall report the 11 members so nominated tothe President at the annual meeting for election in accordance with the requirementsof Section [By-law] 25 of these by-laws.

By-law 21(3) amended: O.I.C. 1998-601, N.S. Reg. 89/98.

By-law 21 replaced: O.I.C. 77-1190, N.S. Reg. 119/77.

 

22   The Secretary shall cause to be printed a voting paper containing the names, alphabeticallyarranged (followed by the County of residence), of all persons nominated for election tothe Council as reported to him by the scrutineers, and shall on or before the fourteenth dayof May, in each year, cause one of such voting papers to be sent by mail to each memberof the Institute in good standing as of the preceding thirtieth day of April, directed to hisaddress as shown on the register of members. The Secretary shall cause to be enclosed inthe envelope containing the said voting paper a notice to the effect that unless the votingpaper is marked and returned to the Secretary on or before the thirty-first day of May nextfollowing, it shall not be counted in the tabulation of votes.

By-law 22 replaced: O.I.C. 77-1190, N.S. Reg. 119/77.

 

23   Each voting paper shall be marked for the election of not more than 11 members ofCouncil including not more than 9 members whose residence is in the Halifax RegionalMunicipality.

By-law 23 replaced: O.I.C. 77-1190, N.S. Reg. 119/77; amended: O.I.C. 1998-601, N.S. Reg. 89/98.

 

24   On or before the fifth day of June, in each year, the Secretary shall deliver to the threescrutineers all the voting papers returned to him as provided in By-law 22. The threescrutineers shall count the votes indicated on such voting papers, and shall draw up areport in writing showing in alphabetical order the names of the 11 members who havereceived the largest number of votes and shall present such report to the President at theannual meeting. If at least two of the nominees residing outside the Halifax RegionalMunicipality would not otherwise be included in the report, the one and/or two suchnominees receiving the largest number of votes, shall be substituted for the name(s) of thenominees who ranked 11th and, if required, 10th in number of votes received.

By-law 24 replaced: O.I.C. 77-1190, N.S. Reg. 119/77; amended: O.I.C. 1998-601, N.S. Reg. 89/98.

 

25   (1)    At the annual meeting when the President shall declare the meeting ready to proceedwith the election of members of the Council, two of the scrutineers or any othermembers of the Institute, shall move and second a motion that the 11 membersnominated for election to the Council whose names appear on the scrutineers’ reportbe and they are duly elected for the ensuing year. If such motion is duly carried thePresident shall thereupon declare that the 11 members so named are duly electedmembers of the Council for the ensuing year.

By-law 25(1) amended: O.I.C. 1998-601, N.S. Reg. 89/98.

 

       (2)    If such motion is not duly carried, the President shall thereupon declare the meetingopen for nominations for election of 11, including at least two resident outside theHalifax Regional Municipality, members of Council and the meeting shall proceedto make nominations and, if more than 11, including at least two resident outside theHalifax Regional Municipality, members are nominated, to elect by secret ballot 11,including at least two resident outside the Halifax Regional Municipality, membersfrom the number of those nominated. If at least two of the nominees residing outsidethe Halifax Regional Municipality would not otherwise be included in the memberselected, the one and/or two such nominees receiving the largest number of votes,shall be substituted for the name(s) of the nominees who ranked 11th and, ifrequired, 10th in number of votes received.

By-law 25 replaced: O.I.C. 77-1190, N.S. Reg. 119/77; amended: O.I.C. 1998-601, N.S. Reg. 89/98.

 

26   Immediately after the election of the 11 members of Council as hereinbefore provided, theannual meeting shall proceed to elect from the members of Council elected pursuant to By-law 25, a president and vice-president of the Institute.

By-law 26 replaced: O.I.C. 77-1190, N.S. Reg. 119/77; amended: O.I.C. 1998-601, N.S. Reg. 89/98.

 

27   Whenever it is necessary, in the event of an equality of votes being polled for two or morenominees at any election, the name or names of those nominees, who shall be declaredelected, shall be decided by a drawing to be made by the scrutineers.

Meetings

28   The fiscal year of the Institute shall terminate on the thirtieth day of April and the annualmeeting of the Institute shall be held within four months after the end of each fiscal year atsuch time and place as the Council shall determine and notice of the said time and place ofsuch meeting shall be mailed by the Secretary to all members at least ten (10) days prior tothe date of such meeting.

By-law 28 replaced: O.I.C. 75-729.

 

29   A special meeting of the Institute may be called at any time by the President or, in hisabsence, by the Vice-President upon a resolution of the Council or the receipt of arequisition for the holding of a special meeting signed by not less than twenty-five (25)members. Notice of the time and place of such meeting shall be mailed by the Secretary toall members at least ten (10) days prior to the date of such meeting. No business otherthan that specified in the said notice shall be brought before such meeting.

By-law 29 replaced: O.I.C. 86-945, N.S. Reg. 217/86.

 

30   Any meeting of the Institute may be adjourned from time to time by resolution of themajority of the members present but no business shall be transacted at any such adjournedmeeting other than the business left unfinished at the meeting from which the adjournmenttook place.

 

31   In matters of procedure at meetings of the Institute not provided in these by-laws nor in theAct of Incorporation, Bourinot’s “Rules of Order” shall apply.

 

31AAll notices that the Secretary is required to mail to members pursuant to by-laws 28 and 29may alternatively be sent to members by courier, electronically or by any other meansapproved by Council to each member’s mailing or email address as shown on the registerof members. The Secretary shall select the means or combination of means by which thenotice shall be sent to members.

By-law 31A added: O.I.C. 2011-350, N.S. Reg. 277/2011.

 

31B Meetings of Council and any committee appointed by Council, including any sub-committee thereof, may be conducted in person or by teleconference, video conference orother means of electronic communication approved by Council.

By-law 31B added: O.I.C. 2011-350, N.S. Reg. 277/2011.

 

32   (1)    At any meeting of the Institute only members present and in good standing will beentitled to vote.

 

       (2)    On any mail ballot of the Institute, only members in good standing shall be entitledto vote.

 

       (3)    Votes cast by mail ballot are subject to the following provisions:

 

                (a)    subject to the Act and the[se] by-laws, Council, by majority vote, shall haveabsolute discretion to determine which matters shall be presented to membersof the Institute as resolutions for determination by mail ballot;

 

                (b)    Council shall fix a date of return for mail ballots and not less than thirty daysprior to such date the Secretary shall mail to each member of the Institute acopy of any resolution or resolutions to be considered by mail ballot togetherwith a mail ballot in such form as Council may from time to time determine;

 

                (c)    the mail ballot shall be completed in writing signed by the member andreceived at the office of the Institute on or before the date of return as providedfor in Section [By-law] 32(3)(b);

 

                (d)    the mail ballot shall be clearly marked either for or against the resolution;

 

                (e)    on the day following the date of return the Secretary shall tabulate the mailballots in the presence of two or more scrutineers appointed by the President;

 

                (f)    the Secretary shall reject any mail ballots that are incomplete or are not clearlymarked either for or against any resolution;

 

                (g)    within ten days of the tabulation of the ballots, the Secretary shall prepare, signand deliver to the President a Certificate, certified by the scrutineers, stating thevotes for and against each resolution and the number of votes rejected inaccordance with Section [By-law] 32(3)(f);

 

                (h)    the President shall present the report of the Secretary to the next regular orother meeting of Council. Council shall inform each member of the nstitute inwriting of the results of the mail ballot and the effective date of the resolutionor resolutions provided, however, that such notification shall be sent to eachmember not later than the 30th day following the tabulation of the mail ballotvote.

By-law 32 replaced: O.I.C. 80-1427.

Discipline

33   (1)    Council may appoint a Complaints Committee, consisting of not less than 15persons who are members of the Institute and up to five persons who are notmembers of the Institute, who shall have all the powers of Council as conferred bythese By-laws to investigate and dispose of complaints or allegations that a memberor student is guilty of professional misconduct or in breach of the Act or the[se] by-laws or the rules or regulations of the Institute. The Chairperson of the ComplaintsCommittee shall be appointed by Council.

 

       (2)    Members of the Complaints Committee shall be appointed for such period of time asCouncil may from time to time determine; provided that no member of theCommittee shall be replaced while that member is in the process of investigating acharge or complaint.

 

       (3)    Council may, from time to time, appoint an additional person or persons to theComplaints Committee in cases where previously appointed persons of theCommittee are disqualified or unable to act on the Committee.

 

       (4)    Council may appoint a Conduct Committee, consisting of not less than 15 personswho are members of the Institute and up to five persons who are not members of theInstitute, who shall have all the powers of Council as conferred by these by-laws toadjudicate and dispose of complaints or allegations that a member or student isguilty of professional misconduct or in breach of the Act or the[se] by-laws or therules or regulations of the Institute. The Chairperson of the Conduct Committeeshall be appointed by Council.

 

       (5)    Members of the Conduct Committee shall be appointed for such period of time asCouncil may from time to time determine; provided that no member of theCommittee shall be replaced while that member is in the process of adjudicating acharge or complaint.

 

       (6)    Council may, from time to time, appoint an additional person or persons to theConduct Committee in cases where previously appointed persons of the Committeeare disqualified or unable to act on the Committee.

 

       (7)    Council may appoint a Conduct Review Committee, consisting of the Chairpersonof the Complaints Committee, the Chairperson of the Conduct Committee, and oneperson who is not a member of the Institute, which shall have all the powers ofCouncil as conferred by these by-laws to dispose of complaints or allegations that amember or student is guilty of professional misconduct or in breach of the Act, theby-laws, the Rules or regulations of the Institute.

By-law 33(7) added: O.I.C. 2000-650, N.S. Reg. 207/2000.

 

       (8)    The Executive Director may delegate to the Director of Regulatory Affairs anyresponsibilities, tasks, duties, obligations, or information receiving or reportingfunctions imposed upon the Executive Director in any of Sections 34, 35, 36, 38 and40 of the By-Laws of the Institute of Chartered Accountants of Nova Scotia.

By-law 33(8) added: O.I.C. 2008-83, N.S. Reg. 94/2008.

 

       (9)    For purposes of clarity, any act taken by or information received by or issued by theDirector of Regulatory Affairs pursuant to Section 33(8) of the By-Laws of theInstitute of Chartered Accountants of Nova Scotia shall for the purposes of theChartered Accountants Act and this By-Law be of the same force and effect as ifundertaken, received or issued by the Executive Director of the Institute of CharteredAccountants of Nova Scotia in respect of Sections 34, 35, 36, 38 and 40.

By-law 33(9) added: O.I.C. 2008-83, N.S. Reg. 94/2008.

By-law 33 replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

34   (1)    Any person may address to the Executive Director in writing a complaint orcomplaints of unfitness, lack of moral character, professional or other misconduct onthe part of any member or of any student.

 

       (2)    The Executive Director shall investigate all complaints brought to his or herattention relating to professional conduct of members or students and may attempt toresolve the matter referred to in the complaint to the satisfaction of the complainantresulting in the complaint being withdrawn.

By-law 34(2) amended: O.I.C. 2000-650, N.S. Reg. 207/2000.

 

       (3)    Failing withdrawal of the complaint, the Executive Director shall determine if acomplaint should not be investigated, based on one of the following factors:

 

                (a)    the complaint, even if sustained, does not appear to involve a breach of theRules of Professional Conduct;

 

                (b)    the complaint, even if sustained, involves a breach of the Rules of ProfessionalConduct which is so trivial or minor that it would not warrant charges beinglaid.

By-law 34(3) added: O.I.C. 2000-650, N.S. Reg. 207/2000.

 

       (4)    Where the Executive Director determines that a complaint should not beinvestigated, he or she shall refer the complaint directly to the Conduct ReviewCommittee for a review of this determination.

By-law 34(4) added: O.I.C. 2000-650, N.S. Reg. 207/2000.

 

       (5)    Where the Executive Director refers a complaint to the Conduct Review Committee,the Committee shall review the facts of the complaint and such other documentationas provided by the Executive Director, without disclosure of the identities of theparties, after which the Committee shall

 

                (a)    dismiss the complaint and direct the Executive Director to advise the parties ofthe outcome; or

 

                (b)    where there is no dispute on the facts, caution the member and dismiss thecomplaint, or with the member’s consent, admonish the member and dismissthe complaint; or

 

                (c)    direct the Executive Director to proceed in accordance with subsection (6).

By-law 34(5) added: O.I.C. 2000-650, N.S. Reg. 207/2000.

 

       (6)    Failing withdrawal of the complaint or its dismissal by the Conduct ReviewCommittee, the Executive Director shall notify in writing the member or studentagainst whom a complaint is made by sending the member or student a copy of thecomplaint and requesting the member or student to respond in writing to theExecutive Director within twenty-one (21) days.

Original By-law 34(3) amended: O.I.C. 94-818, N.S. Reg. 190/94; amended and renumbered (6): O.I.C.2000-650, N.S. Reg. 207/2000.

 

       (7)    Upon receipt of the written response of the member or student, the ExecutiveDirector may, but shall not be obliged to, send a copy of the written response to thecomplainant and may attempt to resolve the matter referred to in the complaint to thesatisfaction of the complainant resulting in the complaint being withdrawn.

Original By-law 34(4) replaced: O.I.C. 94-818, N.S. Reg. 190/94; renumbered 34(7): O.I.C. 2000-650, N.S.Reg. 207/2000.

 

       (8)    After the expiration of the 21 days referred to in [clause] subsection (3) and failingwithdrawal of the complaint, the Executive Director shall refer the complaint as wellas the written response of the member or student, if any, to the Chairperson of theComplaints Committee.

Original By-law 34(5) replaced: O.I.C. 94-818, N.S. Reg. 190/94; renumbered 34(8): O.I.C. 2000-650, N.S.Reg. 207/2000.

 

       (9)    If without any such complaint, any seeming unfitness, lack of moral character orprofessional or other misconduct on the part of a member or of a student shall cometo the notice of the Executive Director, he or she may make inquiries with regardthereto and thereafter may notify the member or student in writing of the matter andrequest the member or student to respond in writing within twenty-one (21) days. Upon the expiration of twenty-one (21) days, the Executive Director may report inwriting to the Chairperson of the Complaints Committee the facts ascertained by himor her and the written response of the member or student, if any. The Chairperson ofthe Complaints Committee may deal with the report as if it constituted a complaintor complaints under this By-law for all purposes.

Original By-law 34(6) added: O.I.C. 94-818, N.S. Reg. 190/94; renumbered 34(9): O.I.C. 2000-650, N.S.Reg. 207/2000.

By-law 34 replaced: O.I.C. 86-945, N.S. Reg. 217/86.

 

35(A)  (1)  Upon receipt of a complaint from the Executive Director, the Chairperson of theComplaints Committee shall empanel five members of the ComplaintsCommittee, of whom four shall be persons who are members of the Institute andone shall be a person who is not a member of the Institute, to investigate thecomplaint. The Chairperson of the Complaints Committee shall designate one ofthe empanelled persons, who is a member of the Institute, as Chairperson of thepanel for purposes of the investigation. Three of the empanelled persons shallconstitute a quorum of the panel.

 

            (2)  The investigating panel of the Complaints Committee may, as part of itsinvestigation, retain the services of an independent person to make inquiries, toconduct interviews, to review files and working papers and to make a report to thepanel in relation to the matter or matters under investigation by the panel.

 

            (3)  Upon completion of its investigation, the investigating panel of the ComplaintsCommittee shall, by majority vote, decide

 

                   (a)   to dismiss the complaint; or

 

                   (b)  to counsel the member or student against whom a complaint is made; or

 

                   (c)   to caution the member or student against whom a complaint is made; or

 

                   (d)  to counsel and caution the member or student against whom a complaint ismade; or

 

                   (e)   with the consent of the member or student against whom a complaint is made,to admonish the member or student or recommend that the member or studenttake certain educational courses, or both; or

 

                   (f)   to lay a formal charge or charges, or a charge with more than one count,alleging that the member or student is guilty of one or any number of offensesof

 

                           (i)   professional misconduct, unfitness, lack of moral character or othermisconduct, or

 

                           (ii)  a breach of the Act, by-laws, rules or regulations of the Institute.

 

            (4)  The member or student against whom a complaint is made and any personaddressing a complaint of professional misconduct of a member or student shall beadvised of the disposition of that complaint pursuant to subsection (3) of this By-law.

 

            (5)  Notwithstanding anything contained in this By-law if during an investigation anymatter arises or comes to the attention of the investigating panel of the ComplaintsCommittee that might form the subject matter of a charge or complaint against themember or student whose conduct is being investigated, the investigating panel ofthe Committee may investigate that matter or thing that arises in the course of aninvestigation although the matter or thing was not mentioned in the originalcomplaint and where such matter or thing is investigated, the Chairperson of thepanel shall forthwith advise the member or student of the investigation.

 

35(B)  (1)  At any time after a complaint is referred to the Chairperson of the ComplaintsCommittee and prior to the commencement of a formal hearing by the ConductCommittee of a charge or charges arising from the complaint, the member orstudent against whom a complaint is made may enter into a settlement agreementwith the investigating panel of the Complaints Committee, conditional uponacceptance by an adjudicating panel of the Conduct Committee.

 

            (2)  Upon acceptance by an adjudicating panel of the Conduct Committee, the termsand conditions of the settlement agreement as agreed between the investigatingpanel of the Complaints Committee and the member or student against whom acomplaint is made, or as varied by the adjudicating panel of the ConductCommittee with the consent of the member or student, shall have the same forceand effect as an order made under Section [By-law] 37 of these by-laws.

 

            (3)  If an adjudicating panel of the Conduct Committee rejects a settlement agreement,

 

                   (a)   the Chairperson of the Conduct Committee shall appoint a new panel ofmembers of the Conduct Committee to hear the charge or charges against themember or student;

 

                   (b)  any admissions made in the settlement agreement shall not be used against themember or student in a subsequent proceeding before a new panel of theConduct Committee.

By-law 35 replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

36   (1)    If the investigating panel of the Complaints Committee lays a formal charge ofprofessional misconduct under clause 35(A)(3)(f), the Chairperson of theinvestigating panel shall so notify the Executive Director in writing and theExecutive Director shall,

 

                         (i)     within ten days of the laying of the formal charge, notify the member orstudent and the Chairperson of the Conduct Committee, in writing that,pursuant to clause 35(A)(3)(f) a formal charge or charges of professionalmisconduct have been laid and include therewith a copy of the charge orcharges, and

By-law 36(1)(i), including preamble, replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

                         (ii)    appoint a time and place for the hearing and adjudication of the charge orcharges laid, which date shall be no later than ninety (90) days from thedate on which the Executive Director was notified of the laying of theformal charge of professional misconduct; and

By-law 36(1)(ii) amended: O.I.C. 94-818, N.S. Reg. 190/94.

 

                         (iii)   notify the member or student charged of the date for the hearing no laterthan thirty (30) days prior to the hearing.

 

       (2)    Upon receipt of notice given under clause 36(1)(i), the Chairperson of the ConductCommittee shall empanel five members of the Conduct Committee, of whom fourshall be members of the Institute and one shall be a person who is not a member ofthe Institute, to adjudicate the charge or charges laid. The Chairperson of theConduct Committee shall designate one of the empanelled persons, who is a memberof the Institute, as Chairperson of the panel for purposes of the hearing. Three of theempanelled persons shall constitute a quorum of the panel.

By-law 36(2) replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

       (3)    Any person so charged may attend at the time and place appointed for such hearingand shall have the right to be present with, if he or she so desires, and at his or herown expense, legal representation or any agent, during the hearing of all evidence inrelation to the charge or charges against him or her. If any person so notified fails toappear, the hearing may proceed in his or her absence.

By-law 36(3) replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

       (4)    Any person so charged shall have the right to submit to such hearing suchstatements, evidence, arguments and witnesses as are relevant to his or her defence.

By-law 36(4) replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

       (5)    On the hearing of a charge against any person, any other member or student shall, ifrequired to do so by the adjudicating panel of the Conduct Committee, appear at ahearing and give evidence or produce such books, papers and documents or copiesthereof in his or her possession or under his or her control as the panel may fromtime to time require but the hearing may proceed without such evidence orproduction.

By-law 36(5) replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

       (6)    The procedure at all hearings, including the method of receiving evidence, shall beby ruling of the Chairperson of the adjudicating panel of the Conduct Committeewhose decision shall be final, binding and conclusive.

By-law 36(6) replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

       (7)    A hearing may be adjourned at any time and from time to time.

By-law 36(7) replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

       (8)    If more than one member or student is involved in any charge or if there is more thanone charge, the hearing may proceed as to each charge or member or studentseparately or together as the adjudicating panel of the Conduct Committee may fromtime to time determine.

By-law 36(8) replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

       (9)    The proceedings at any hearing shall be recorded in shorthand or otherwise but neednot be transcribed unless an appeal is taken under the[se] by-laws and a copy of thetranscript is ordered and paid for by the person appealing.

By-law 36(9) replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

       (10)  If no transcript is ordered, the report of any hearing or appeal signed by theChairperson of the adjudicating panel of the Conduct Committee shall be conclusiveevidence of the proceedings for all purposes.

By-law 36(10) added: O.I.C. 94-818, N.S. Reg. 190/94.

By-law 36 replaced: O.I.C 86-945, N.S. Reg. 217/86.

 

37   (1)    After a hearing, the adjudicating panel of the Conduct Committee shall decide, by amajority vote, whether a member or student charged is guilty of unfitness, lack ofmoral character or professional or other misconduct and shall render a writtendecision with reasons. If the decision of the adjudicating panel of the ConductCommittee is not unanimous, the dissenting member or members shall render aseparate decision in writing with reasons.

 

       (2)    If after a hearing, the adjudicating panel of the Conduct Committee, by majority vote,finds a member or student guilty of unfitness, lack of moral character or professionalor other misconduct, the adjudicating panel may order one or more of the following:

 

                (a)    that any such member or student be reprimanded;

 

                (b)    that any such member or student, pay a fine to the Institute, and if such fineshould not be paid on or before a date specified by the panel, that the memberor student be dealt with under this By-law in such manner, includingsuspension or expulsion, as the panel may determine; or

 

                (c)    that any such member or student be charged such costs of the proceeding,including fees and disbursements of any counsel or witness, or any portion ofcosts, as may be fixed by the panel, and if such costs should not be paid on orbefore a date specified by the panel, the member or student shall be dealt withunder this By-law in such manner including suspension or expulsion, as thepanel may determine; or

 

                (d)    that any such member or student be suspended from all of his or her rights andprivileges under the Act and the[se] by-laws either for a time certain or on suchterms and conditions as may be ordered; or

 

                (e)    that any such member or student be required to attend such reasonableprofessional development or other courses as may be ordered or tosuccessfully complete such courses or examinations as may be ordered; or

 

                (f)     that any such member or student be required to limit the scope of his or herprofessional practice or activities either for a time certain or on such terms andconditions as may be ordered; or

 

                (g)    that any such member or student be required to complete a period ofsupervised practice on such terms and conditions as may be ordered; or

 

                (h)    that any such student be struck off the register of students; or

 

                (i)     that any such member be expelled from membership in the Institute and struckoff the register of members; or

 

                (j)     that any such member or student be permitted to resign; or

 

                (k)    that any such member or student be disciplined in such other way as may beordered.

 

       (3)    Notice of any order made pursuant to this By-law shall be given or published inaccordance with By-law 38 and in addition may be given or published in such wayand at such time as the adjudicating panel of the Conduct Committee may determine.

 

       (4)    Where an order is made pursuant to this By-law, the adjudicating panel of theConduct Committee shall retain jurisdiction to make any further order required bythe failure of the member or student to comply with the original order of theCommittee so long as a quorum of the adjudicating panel of the Conduct Committeecontinues to participate.

By-law 37 replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

38   (1)    The Chairperson of the adjudicating panel of the Conduct Committee shall reportforthwith to the Council and the Executive Director the disposition of every chargelaid against a member or student.

 

       (2)    The Executive Director shall, with ten days of notification received under[subsection] (1), send to the person charged and the complainant referred to inSection [By-law] 35, by first class mail addressed to such persons at their address lastknown, or by personal service, a copy of the final decision and order made underSection [By-law] 37.

 

       (3)    Unless a notice of appeal is filed pursuant to By-law 40(1), notice of any order madeunder Section [By-law] 37 may be given, and notice of any order of expulsion orsuspension of a member or student shall be given to all members of the Institute,after a period of 15 days from the date of expiry of the appeal period.

 

       (4)    Notice of any order made under Section [By-law] 37 may be published in theInstitute’s newsletter and such publication shall be deemed adequate notice to allmembers under subsection (3) of this By-law.

 

       (5)    Unless a notice of appeal is filed pursuant to By-law 40(1)

 

                (a)    where a member or student against whom an order is made is engaged in thepractise of public accounting, the Executive Director shall send a copy of thefinal decision and order made under By-law 37 to the Public Accountant’sBoard;

 

                (b)    where a member or student is suspended or expelled from membership or amember’s right to practice is restricted, the Executive Director shall promptlyinform all other provincial Institutes by sending to each other provincialInstitute a copy of the final decision and order made under By-law 37;

 

                (c)    the Executive Director shall send a copy of the final decision and order madeunder By-law 37 to such other professional, regulatory or governing body asthe adjudicating panel of the Conduct Committee shall determine.

Subsection 38(5) replaced: O.I.C. 97-711, N.S. Reg. 150/97.

 

       (6)    All members and students by their applications for membership or registration or bytheir continuance of membership or registration shall consent and be deemed to haveconsented to any notice or publication under these by-laws.

By-law 38 replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

39   Any person who is suspended under the[se] by-laws shall not, during the period ofsuspension, be considered a member or student as the case may be for any purpose and hisname shall be removed from the register accordingly for the period of his suspension.

By-law 39 replaced: O.I.C. 86-945, N.S. Reg. 217/86.

 

40   (1)    A member or student against whom an order is made under Section [By-law] 37, orthe complainant referred to in Section [By-law] 35, may appeal the findings or orderby written notice of appeal given in person or by registered letter addressed to theExecutive Director not later than 21 days from the date of delivery of the decision. In the event that such an appeal is not received by the Executive Director within thistime, the findings and order made under Section [By-law] 37 in any particular caseshall be final, binding and conclusive for all purposes.

 

       (2)    Any notice of appeal given pursuant to this By-law shall set forth the particulargrounds of appeal and state the particular relief sought. Except by leave of theAppeals Committee, no ground of appeal may be put forth and no relief may beasked on the appeal which is not included in the notice of appeal.

 

       (3)    Every appellant shall submit with his or her notice of appeal given pursuant to thisBy-law an appeal fee of $1,000, which amount is refundable in whole or in part atthe discretion of the Appeals Committee.

 

       (4)    When a notice of appeal is duly given, the Executive Director shall notify thePresident or, in his or her absence or inability to act, the Vice-President of Councilwho shall appoint an Appeals Committee of no less than four members of theInstitute, none of whom shall be members of the Council, and one person who is nota member of the Institute who shall meet to hear the appeal. The Chairperson of theAppeals Committee shall be appointed by the President or Vice-President. TheExecutive Director shall promptly give notice of the time appointed for such hearing,such hearing to be not less than 60 days following receipt of the notice of appeal bythe Executive Director pursuant to [subsection] (1).

 

       (5)    The hearing of the appeal shall be held before the Appeals Committee provided thatany members of the Institute who participated in either the investigation oradjudication of the charge shall refrain from any participation in the appeal.

 

       (6)    Any appeal will be considered as an appeal on the record from the decision and ordermade pursuant to By-law 37, provided that the Appeals Committee, in its solediscretion in the interest of justice, may permit new or additional evidence to bepresented in the appeal hearing.

 

       (7)    The Appeals Committee by majority vote may confirm, modify, alter, cancel orrevoke any findings or order made under Section [By-law] 37 in whole or part. Where an order made under Section [By-law] 37 is modified or altered by theAppeals Committee, the members of the Appeals Committee shall retain jurisdictionto make any further order required by the failure of the member or student to complywith the order as modified or altered so long as a quorum of the members of theAppeals Committee continue to participate.

 

       (8)    The Chairperson of the Appeals Committee shall report forthwith to the Council andthe Executive Director the disposition of the appeal. The Executive Director shall,within ten days, send to the member or student and the complainant, by first classmail, or personal service, a copy of the decision of the Appeals Committee.

 

       (9)    The decisions, findings and order of the Appeals Committee in any appeal shall befinal, binding and conclusive for all purposes.

 

       (10)  Notice of any order made by the Appeals Committee may be given, and notice ofany order of expulsion or suspension of a member or student shall be given, to allmembers of the Institute after a period of 15 days from the date of the makingthereof.

 

       (11)  Notice of any order made by the Appeals Committee may be published in theInstitute’s newsletter and such publication shall be deemed adequate notice to allmembers under subsection (9) of this By-law.

 

       (12)  Upon the disposition of any appeal by the Appeals Committee

 

                (a)    where the member or student is engaged in the practise of public accounting,the Executive Director shall send a copy of the final decision and order of theAppeals Committee to the Public Accountant’s Board;

 

                (b)    where a member is suspended or expelled from membership or a member’sright to practice is restricted, the Executive Director shall promptly inform allother provincial Institutes by sending to each other provincial Institute a copyof the final decision and order of the Appeals Committee;

 

                (c)    the Executive Director shall send a copy of the final decision and order of theAppeals Committee to such other professional, regulatory or governing body asthe Appeals Committee shall determine.

Subsection 40(12) replaced: O.I.C. 97-711, N.S. Reg. 150/97.

 

       (13)  Such further or other notice of any order made by the Appeals Committee may begiven or published in such way and at such time as the Appeals Committee maydetermine.

 

       (14)  The appellant may be charged such costs of the appeal, including fees anddisbursements of any solicitor, or portion of costs as may be fixed by the AppealsCommittee, to be paid on or before a date specified by the Appeals Committee, andif the appellant is a member or student, and such costs should not be paid within thetime specified, the member or student shall be dealt with under this By-law in suchmanner, including suspension or expulsion as the Appeals Committee maydetermine.

By-law 40 replaced: O.I.C. 94-818, N.S. Reg. 190/94.

 

41(A)  (1)   Any member or student who becomes a bankrupt shall notify the Institute of thefact in writing no later than ten days after the event.

 

           (2)   Any member upon the date of becoming a bankrupt is thereupon suspended frommembership in the Institute until his suspension is terminated in accordance withthis By-law.

 

           (3)   Any person whose membership in the Institute is suspended by the operation ofclause (1) [subsection (2)], and against whom there is no charge outstanding underBy-law 34 or 35, may apply to have his suspension terminated.

 

           (4)   Any application under clause [subsection] (3) shall be investigated by theComplaints Committee and, after such investigation the Complaints Committeemay, subject to other provisions of this By-law, accept or reject the application andif it is accepted the suspension shall terminate in accordance with such acceptance. The subject bankrupt member shall be given appropriate notification of anymeeting of the Complaints Committee called to consider the said application fromthe member.

 

           (5)   If the Complaints Committee while conducting its investigation under this By-lawinto the matter becomes aware of

 

                   (a)   any preliminary investigation and enquiry into the professional conduct of theapplicant pursuant to By-law 34 or 35; or

 

                   (b)  any act, omission, matter or thing on the part of the applicant that theComplaints Committee is empowered to investigate or enquire into pursuantto By-law 34 or 35;

 

it shall cease its investigation until such preliminary investigation, enquiry orcharge shall have been finally disposed of under these by-laws.

 

If the change results in the expulsion of the applicant from membership in theInstitute, the application made under clause [subsection] (3) hereof shall terminateand be [of] no further effect.

 

           (6)   In arriving at its decision under clause [subsection] (4) hereof, the ComplaintsCommittee shall have regard to such considerations as it may deem appropriateincluding

 

                   (a)   the status of the bankruptcy administration or whether the applicant has beenabsolutely or conditionally discharged from bankruptcy;

 

                   (b)  the nature of any outstanding disciplinary order and the state of compliancetherewith by the applicant.

 

           (7)   The Complaints Committee may require that the applicant satisfy such conditionsas are deemed appropriate to be fulfilled prior to the termination of his suspension.

 

           (8)   Any person applying pursuant to clause [subsection] (3) shall be given promptwritten notice of the decision of the Complaints Committee and, if he is notsatisfied with such decision, he may appeal the decision to Council by providingwritten notice of the grounds of appeal within ten days of receipt of said notice ofdecision and Council shall appoint a time and place for such appeal to be heard.

 

           (9)   Subject to other provisions of this By-law, the Complaints Committee shall reportits decision to Council.

 

           (10)  For purposes of clause [subsection] (1), a certified copy of the receiving order, acertificate of the official receiver certifying that the person is a bankrupt, or theadmission of the member that he is a bankrupt, may be given as conclusive proofof the facts certified, evidenced or declared.

 

           (11)  For the purposes of an application under clause [subsection] (4) above, or anappeal under clause [subsection] (8), the applicant or appellant respectively, shallbe entitled to appear at the meeting therein referred to.

By-law 41(A) added: O.I.C. 85-973, N.S. Reg. 148/85; amended: O.I.C. 2001-439, N.S. Reg. 118/2001.

 

41(B)  (1)  Upon the date a member

 

                   (a)   is declared by a court to be a mentally incompetent person; or

 

                   (b)  is certified to be mentally incompetent and has been admitted to a psychiatricfacility or continues therein as a certified patient;

 

he is thereupon suspended from membership in the Institute and shall remainsuspended until his suspension is terminated in accordance with this By-law.

 

            (2)  Any person whose membership in the Institute is suspended by the operations ofclause [subsection] (1), and against whom there is no charge outstanding under By-law 34 or 35, may apply to have his suspension terminated.

 

            (3)  Any application under clause [subsection] (2) shall be investigated by theComplaints Committee and after such investigation the Complaints Committeemay, subject to other provisions of this By-law, accept or reject the application andif it is accepted the suspension shall terminate in accordance with such acceptance. The subject member shall be given appropriate notification of any meeting of theComplaints Committee called to consider the said application from the member.

 

            (4)  If the Complaints Committee while conducting its investigation under this By-lawinto the matter becomes aware of

 

                   (a)   any preliminary investigation and enquiry into the professional conduct of theapplicant pursuant to By-law 34 or 35; or

 

                   (b)  any act, omission, matter or thing on the part of the applicant that theComplaints Committee is empowered to investigate or enquire into pursuantto By-law 34 or 35;

 

it shall cease its investigation until such preliminary investigation, enquiry orcharge shall have been finally disposed of under these by-laws. If the chargeresults in expulsion of the applicant from membership in the Institute, theapplication made under clause [subsection] (2) hereof shall terminate and be [of]no further effect.

 

            (5)  In arriving at its decision under clause [subsection] (3) hereof, the ComplaintsCommittee shall have regard to such considerations as it may deem appropriateincluding

 

                   (a)   in the case of a member suspended by virtue of subclause 41(B)(1)(a) hereof;whether the applicant has been declared by a court to have become mentallycompetent or capable of managing his own affairs as evidenced by a courtorder to that effect;

 

                   (b)  in the case of a member suspended by virtue of subclause 41(B)(1)(b);whether the applicant has sufficiently recovered and has been discharged froma psychiatric facility as evidenced by a certificate or other written evidence tothat effect from the proper authorities.

 

            (6)  Any person applying pursuant to clause [subsection] (2) shall be given promptwritten notice of the decision of the Complaints Committee and, if he is notsatisfied with such decision, he may appeal the decision to Council by providingwritten notice of the grounds of appeal within ten days of receipt of said notice ofdecision and Council shall appoint a time and place for such appeal to be heard.

 

            (7)  For the purposes of clause [subsection] (1), the following may be given asconclusive proof of the facts certified, evidenced or declared:

 

                   (a)   in the case of a mentally incompetent person, a certified copy of the finalcourt order declaring the person to be mentally disordered;

 

                   (b)  in the case of a person who is mentally incompetent and is a patient in apsychiatric facility, written evidence from an appropriate authorized individualin such psychiatric facility, stating that the person has been admitted to, or hasbecome a patient in the psychiatric facility.

 

            (8)  For the purposes of an application under clause (3) [subsection (2)] above or anappeal under clause [subsection] (6), the applicant or appellant respectively shall beentitled to appear at the meeting therein referred to.

By-law 41(B) added: O.I.C. 85-973, N.S. Reg. 148/85; amended: O.I.C. 2001-439, N.S. Reg. 118/2001.

 

42   Council may, without notice and on proof of a conviction, suspend or expel from theInstitute any member who has been convicted of an offence punishable under the CriminalCode.

By-law 42 replaced: O.I.C. 78-935.

 

42A    In respect of any charge under the Rules of Professional Conduct or in respect of anyaction taken pursuant to By-law 42, a certificate of conviction by any competent court ora certified copy of the original information or indictment with the endorsement of theconviction thereon signed by the official having custody thereof or equivalentdemonstrative documentation shall be sufficient evidence of the conviction; and, acertificate of acquittal or discharge or a certified copy of the original information orindictment with the endorsement of the acquittal or discharge thereon signed by theofficial having custody thereof or equivalent demonstrative documentation shall besufficient evidence of the acquittal or discharge.

By-law 42A added: O.I.C. 91-1258, N.S. Reg. 227/91.

 

43   Neither the Institute nor Council nor the Complaints Committee or Conduct Committeeshall be required to take notice of any published article or private communication or of anystatement affecting the conduct of a member or a student.

By-law 43 replaced: O.I.C. 78-935; amended: O.I.C. 2001-439, N.S. Reg. 118/2001.

 

44   No member or student shall have any cause of action or lawful complaint against theInstitute, the Council, the Complaints Committee or Conduct Committee, or any memberthereof, any member, student, or officer, servant, agent, counsel, or solicitor of the Instituteby reason of anything done or omitted to be done or any other matter or thing connectedwith it or in respect of any disciplinary order or publication made or done in good faithunder the[se] by-laws.

By-law 44 added: O.I.C. 78-935; amended: O.I.C. 2001-439, N.S. Reg. 118/2001.

Registered students

45   (1)    Any person who is certified to be of good moral character and habits by a memberand is recommended by

 

                (a)    a partner or shareholder or the sole practitioner of a practicing office, or

 

                (b)    a member of the Institute who has responsibility for the training andsupervision of the person in an organization

 

that has been approved for the training of students pursuant to Bylaw 48 and who forthe purpose of securing practical experience is employed to perform the duties of astudent in such office may apply to the Council to be registered or re-registered as astudent.

Original By-law 44(1) amended: O.I.C. 75-729; renumbered 45(1): O.I.C. 78-935; replaced: O.I.C. 2008-83,N.S. Reg. 94/2008.

 

       (2)    Every applicant for registration shall

 

                (a)    have attained the age of 18 years; and

Original By-law 44(2)(a) amended: O.I.C. 75-729; renumbered 45(2)(a): O.I.C. 78-935.

 

                (b)    satisfy the Council that he has attained the educational requirements adoptedby the Council; and

 

                (c)    give a declaration of intention to qualify for admission to membership in theInstitute and to apply therefor; and

 

                (d)    give an undertaking to submit to the direction and control of the Council in allmatters relating to studies, practical experience and discipline; and

 

                (e)    enter into an agreement with the Institute that the by-laws, rules andregulations of the Institute will govern the relations between the applicant andthe Institute.

Original By-law 45 replaced: June 22, 1966; renumbered 46: O.I.C. 78-935.

Original By-law 44 renumbered 45: O.I.C. 78-935.

 

46   The educational requirements adopted from time to time by Council for the purpose ofSection [By-law] 45(2)(b) shall become effective as and from the date four monthssubsequent to the date on which notice of such requirement is sent by mail, by courier,electronically or by any other means approved by Council to each member of the Instituteat the member’s mailing or email address as shown on the register of members. TheExecutive Director shall select the means or combination of means by which the noticeshall be sent to members.

Original By-law 45 replaced: June 22, 1966; renumbered 46: O.I.C. 78-935; amended: O.I.C. 2011-350,N.S. Reg. 277/2011.

 

47   Every registered student shall as a prerequisite to admission to membership complete, inone or more practicing offices or organizations that has or have been approved pursuant toBy-law 48 for the training of students, a period of practical experience of an amount andnature prescribed by the Council.

Original By-law 46 replaced: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 47: O.I.C. 78-935; replaced:O.I.C. 2008-83, N.S. Reg. 94/2008.

 

48   (1)    Every practicing office who employs one or more students and every member whoas an employee of an organization approved pursuant to Section 48(4)(b) of thisbylaw has responsibility for the supervision and training of one or more studentsemployed by the organization is responsible for giving such practical experience andinstruction and for affording such opportunities as are necessary to enable the studentto acquire the art, skill, science and knowledge of a chartered accountant.

 

       (2)    Every practicing office who employs one or more students and every member whoas an employee of an organization approved pursuant to clause (4)(b) of this bylawhas responsibility for the supervision and training of one or more students employedby the organization shall maintain records showing, in reasonable detail, thedisposition of each student’s time while so engaged and the type of work allocated tohim or her.

 

       (3)    The Council shall have the power to:

 

                (a)    make whatever investigation it deems necessary, including an inspection of thebooks and records of the practicing office, to satisfy itself that the practicingoffice is complying with the requirements of this bylaw; and

 

                (b)    approve a practicing office as being qualified to provide proper practicalexperience and instruction.

 

       (4)    The Council shall have the power to:

 

                (a)    designate any person to make whatever investigation is deemed necessary inaccordance with the policies and procedures adopted by the Council todetermine whether an organization meets the standards prescribed by theCouncil to be qualified to employ students; and

 

                (b)    upon review of a report made by the person pursuant to clause (a) above,approve an organization to employ students.

By-law 47 added: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 48: O.I.C. 78-935; replaced: O.I.C. 2008-83, N.S. Reg. 94/2008.

 

49   (1)    No person shall be registered or re-registered as a student,

 

                (a)    in the case of a person who has been offered employment with or is employedby a practicing office,

 

                         (i)     unless the Council has approved the office (such approval to be effectedin advance of any offer or transfer of employment, as the case may be) asbeing qualified to provide the student with proper practical experienceand instruction, or

 

                         (ii)    if as a result of such registration or re-registration the total number ofstudents employed in such practicing office would exceed three for eachmember or for each eligible licensee, as the case may be, in such office,or such lesser number of students as may be set by the Council inparticular cases; students who have completed the required period ofprescribed practical experience and have written the Uniform Evaluationor the former Uniform Final Examination shall be excluded indetermining the number of students permitted;

 

                (b)    in the case of a person who has been offered employment with or is employedby an organization,

 

                         (i)     unless the Council has approved the organization (such approval to beeffected in advance of any offer or transfer of employment, as the casemay be) as being qualified to provide the student with proper practicalexperience and instruction, or

 

                         (ii)    if as a result of such registration or re-registration the total number ofstudents employed in such organization would exceed the maximumnumber of students that the Council has determined may be employedwith the organization; students who have completed the required periodof prescribed practical experience and have written the UniformEvaluation or the former Uniform Final Examination shall be excludedin determining the number of students permitted.

By-law 48 added: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 49: O.I.C. 78-935; replaced: O.I.C. 2008-83, N.S. Reg. 94/2008.

 

50   Any person who is licensed under the Public Accountants Act or who is employed by aperson licensed under that Act shall upon application be registered as a registered studentof the Institute, providing such person complies with all the requirements of the Instituterespecting registered students other than the requirement that such person be or becomeemployed by a practising office.

Original By-law 47 renumbered 49: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 50: O.I.C. 78-935;amended: O.I.C. 2008-83, N.S. Reg. 94/2008.

Courses of study

51   (1)    (a)    The Council shall accredit the course of study prescribed by the AtlanticSchool of Chartered Accountancy (ASCA) toward a registered student’sapplication for membership in the Institute.

 

                (b)    The Council may adopt the regulations, policies, rules and guidelines of ASCAas its own and may vary such regulations, policies, rules and guidelines as theCouncil deems appropriate.

 

       (2)    Before being permitted by Council to write the uniform evaluation (“UFE”) of theInstitute, registered students must:

 

                (a)    successfully complete the ASCA professional course of study or such othercourse of study duly approved by the Council; and

                (b)    satisfy such other requirements of the Institute as the Council may prescribe.

Subsection 51(2) amended: O.I.C. 2003-423, N.S. Reg. 173/2003.

Original By-law 48 renumbered 50: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 51: O.I.C. 78-935;replaced: O.I.C. 92-1143, N.S. Reg. 243/92.

By-law 52 (original By-law 49) repealed: O.I.C. 92-1143, N.S. Reg. 243/92.

Examinations

53   The Council shall hold examinations at least once in each calendar year in the City ofHalifax and concurrently at such other places as it may from time to time determine.

Original By-law 50 renumbered 52: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 53: O.I.C. 78-935.

 

54   The Council shall appoint examiners to set and mark all examination papers and theCouncil shall fix the remuneration of such examiners.

Original By-law 51 renumbered 53: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 54: O.I.C. 78-935.

 

55   The Council may adopt for use in Nova Scotia examinations arranged and prepared by theBoard of Evaluators of the Canadian Institute of Chartered Accountants or by any otherprovincial institute.

Original By-law 52 replaced: O.I.C. 75-729; renumbered 54: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered55: O.I.C. 78-935; amended: O.I.C. 2003-423, N.S. Reg. 173/2003.

 

56   Notice of the time and place of examinations shall be sent by mail, by courier,electronically or by any other means approved by Council to each registered student at thestudent’s mailing or email address as shown on the register of members. The ExecutiveDirector shall select the means or combination of means by which the notice shall be sentto registered students.

Original By-law 53 renumbered 55: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 56: O.I.C. 78-935;amended: O.I.C. 2011-350, N.S. Reg. 277/2011.

 

57   Every registered student who applies for permission to write any examinations shall paysuch fees as are prescribed by the Council.

Original By-law 54 renumbered 56: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 57: O.I.C. 78-935.

 

58   Subject to the provisions of By-laws 45 to 57, both inclusive, the Council may from timeto time make rules and regulations with respect to educational requirements for theadmission of students, courses of instruction, examinations or the granting of exemptionstherefrom and the requirements for writing and passing examinations. Such rules andregulations and any amendment thereof shall be published by circular to all members andregistered students immediately after the adoption thereof and shall come into and remainin full force and effect unless and until repealed or amended by subsequent resolution ofthe Council or by a resolution passed by two-thirds of the members present and voting at ageneral meeting of the Institute.

Original By-law 55 renumbered 57: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 58: O.I.C. 78-935.

 

59   (1)    The Council may, subject to approval by the Institute at its next annual meeting, or ata special general meeting called for the purpose, enter into an agreement oragreements with any university or universities under the terms of which theuniversity or universities will provide such course or courses as the Institute mayprescribe as part of the required study for a degree.

 

       (2)    Such agreements may also provide for the granting of exemption from courses andexaminations of the Institute excepting the uniform evaluation (“UFE”) prepared bythe Board of Evaluators of the Canadian Institute of Chartered Accountants.

Original By-law 56(2) replaced: O.I.C. 75-729.

Subsection 59(2) amended: O.I.C. 2003-423, N.S. Reg. 173/2003.

Original By-law 56 renumbered 58: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 59: O.I.C. 78-935.

 

60   A diploma in such form as the Council may determine shall be granted to each registeredstudent who shall have passed the final examinations of the Institute.

Original By-law 57 renumbered 59: O.I.C. 77-1190, N.S. Reg. 119/77; renumbered 60: O.I.C. 78-935;replaced: O.I.C. 86-945, N.S. Reg. 217/86.

 

61   (1)    The Council may by an affirmative vote of two-thirds of all the members of Councilelect as a “Fellow of the Chartered Accountants”, any member in accordance withthe provisions of Sections 7 and 8 of the Act of Incorporation, providing suchmember

 

                (a)    is a member in good standing of the Institute;

 

                (b)    has been a member in good standing of the Institute for at least fifteen (15)years or has been a member in good standing of one or more provincialInstitutes for at least fifteen (15) years; and

 

                (c)    has rendered meritorious service to the profession, or whose careerachievement or achievements in the community have brought honour to theprofession.

By-law 61(a)-(c) replaced, clause (d) repealed: O.I.C. 97-711, N.S. Reg. 150/97.

 

       (2)    Upon application to and approval by Council, any member who has been elected as a“Fellow of the Chartered Accountants” by a Provincial Institute or other jurisdictionacceptable to Council may take or use the designation in Nova Scotia provided theindividual remains a member in good standing of both the Institute and theProvincial Institute or jurisdiction which elected the individual as a Fellow.

By-law 61(2) added: O.I.C. 1998-601, N.S. Reg. 89/98.

Original By-law 58 replaced: O.I.C. 75-729; renumbered 60: O.I.C. 77-1190, N.S. Reg. 119/77;renumbered 61: O.I.C. 78-935; renumbered 61(1): O.I.C. 1998-601, N.S. Reg. 89/98.

 

62   The Professional Standards Committee shall be responsible for ensuring that the highprofessional standards of the members of the Institute who engage in the practice of publicaccounting are maintained.

By-law 62 added: O.I.C. 83-1032, N.S. Reg. 201/83; replaced: O.I.C. 87-1187, N.S. Reg. 210/87.

 

63   In the execution of its duties the Professional Standards Committee shall have power

 

                (a)    to establish and administer tests of competency and fitness as it deemsappropriate;

 

                (b)    to require the co-operation of any member;

 

                (c)    upon reasonable notice, to enter the professional premises of members andinspect the professional records, files, working papers and all other documentsand papers and records relating to the professional practice of a member;

 

                (d)    upon reasonable notice, to require any member who does not have identifiableprofessional premises to make available for inspection the professional records,files, working papers and all other documents and papers and records relatingto the professional practice of the member;

 

                (e)    make such orders and recommendations as are appropriate in thecircumstances including, without limitation, the power to require correctivecourses of action for a member, to require that a member upgradequalifications, to provide for a follow-up practice review and to direct, at anystage, that the matter be referred to the Professional Conduct Committee of theInstitute;

 

                (f)     retain the services of any member, including a member of another provincialinstitute, on a fee basis or otherwise, and to authorize any such member toenquire into all matters which may be brought to his attention by theCommittee, or to authorize any such member to interview any member orstudent and to examine any working papers, files, documents or other materialrelating to the professional practice of a member,

 

in accordance with the procedures established by Council.

By-law 63 added: O.I.C. 83-1032, N.S. Reg. 201/83.

Clauses 63(d) & (e) relettered 63(e) & (f), clause 63(d) added: O.I.C. 87-1187, N.S. Reg. 210/87.

 

64   The Professional Standards Committee and any member thereof and any person acting onits behalf shall maintain the confidentiality of

 

                (a)    all practice inspection reports and files;

 

                (b)    all professional records, files, working papers and all other documents andpapers and records relating to the professional practice of a member;

 

                (c)    the affairs of any member and of his clients and notwithstanding any otherprovision of these by-laws, or the Rules of Professional Conduct, any matterarising out of a practice inspection shall not be disclosed or brought to theattention of the Professional Conduct Committee unless, as a result of aninspection, the Professional Standards Committee is of the opinion that anyfailure to maintain professional standards is sufficiently serious as to reflectadversely upon the professional competence, reputation or integrity of amember or student.

By-law 64 added: O.I.C. 83-1032, N.S. Reg. 201/83.

 

65   Notwithstanding Section [By-law] 7, Council may assess members for the cost associatedwith the Professional Standards Committee either by way of general or specific chargesupon members or some of them or a combination of such charges or otherwise as Councilin its discretion deems fit.

By-law 65 added: O.I.C. 83-1032, N.S. Reg. 201/83.

 

66   Council shall prescribe from time to time the procedures to be followed by theProfessional Standards Committee in carrying out its duties under the by-laws.

By-law 66 added: O.I.C. 83-1032, N.S. Reg. 201/83.

 

67   Council may enter into any agreement or agreements with any other provincial institute orprovincial institutes for the implementation and administration of all or any part of theProfessional Standards Committee’s duties hereunder.

By-law 67 added: O.I.C. 83-1032, N.S. Reg. 201/83.

Professional liability insurance

68   (1)    Every practising member shall be covered by professional liability insurancecoverage in accordance with this By-law.

By-law 68(1) amended: O.I.C. 1999-496, N.S. Reg. 104/99.

 

       (2)    The professional liability insurance coverage required by this By-law shall

 

                (a)    provide minimum coverage in the amount of

 

                         (i)     $1,000,000 for each practising member $1,500,000 for each firm havingtwo or three practicing members or $2,000,000 for each firm having 4 ormore practising members, and

Subclause 68(2)(a)(i) amended: O.I.C. 2007-385, N.S. Reg. 331/2007.

 

                         (ii)    if a practising member provides audit or review services pursuant to thePublic Accountants Act, any additional amount of coverage that may beprescribed by the Public Accountants Board of Nova Scotia; and

Clause 68(2)(a) replaced: O.I.C. 2003-423, N.S. Reg. 173/2003.

 

                         (iii)   the amendments to Section 68(2)(a)(i) of the By-laws of the Institute ofChartered Accountants of Nova Scotia approved at the annual meeting ofthe members of the Institute of Chartered Accountants of Nova Scotia onJune 12, 2006 shall come into full force and effect on and afterSeptember 1, 2007; [sic]

Subclause 68(2)(a)(iii) added: O.I.C. 2007-385, N.S. Reg. 331/2007.

 

                (b)    provide that the minimum coverage of any policy as required by these by-lawsduring the term of the policy be available in respect of all claims made 6 yearsfollowing the date that the member is covered by the policy.

By-law 68(2)(b) replaced: O.I.C. 1999-496, N.S. Reg. 104/99; amended: O.I.C. 2007-385, N.S. Reg. 331/2007.

 

       (3)    At the commencement of the practice of public accounting and annually thereafteron or before September 1, confirmation of insurance coverage shall be submitted tothe Institute by

 

                (a)    the member in charge of each firm of members engaged in the practice ofpublic accounting in Nova Scotia;

 

                (b)    every member engaged in the practice of public accounting in Nova Scotia assole practitioner or partner of a non-member public accountant; and

 

                (c)    a successor member or the member in charge of a successor firm in respect ofinsurance coverage required by clause 2(b), in the event that the predecessorpractice of public accounting has been discontinued,

 

in the form and manner and with such evidence of coverage as is prescribed by theCouncil.

By-law 68(3) replaced: O.I.C. 1999-496, N.S. Reg. 104/99; amended: O.I.C. 2007-385, N.S. Reg. 331/2007.

 

       (4)    Upon request by the Executive Director or the Professional Standards Committee amember shall make available for inspection the professional liability insurance policywhich covers the member and shall provide all information and documents relevantto the policy.

By-law 68(4) amended: O.I.C. 1999-496, N.S. Reg. 104/99.

 

       (5)    In the event satisfactory proof of professional liability insurance coverage is notprovided to the Institute as required by this by-law, a notice shall be sent byregistered mail that the member has fifteen (15) days from the date of the notice tosupply the proof or be suspended, and if the proof is not provided within (15) days ofthe date of the notice, the member shall be suspended from membership in theInstitute.

By-law 68(5) replaced: O.I.C. 1999-496, N.S. Reg. 104/99.

 

       (6)    A practising member or firm, immediately upon any change or modification[notification] from an insurer of any pending change in the existence or sufficiencyof the insurance coverage required by this By-law shall forthwith advise theExecutive Director in writing of the change or pending change.

 

       (7)    Any person whose rights and privileges of membership in the Institute have beensuspended pursuant to this by-law who has not been reinstated to membership ingood standing within 9 months of the date of suspension shall be deemed to havethereby terminated membership and shall be removed from the register of members.

By-law 68(7) added: O.I.C. 1999-496, N.S. Reg. 104/99.

 

       (8)    Any person whose rights and privileges of membership in the Institute have beensuspended or terminated pursuant to this by-law shall be reinstated to membership ingood standing upon such terms as the Council shall determine.

By-law 68(8) added: O.I.C. 1999-496, N.S. Reg. 104/99.

By-law 68(9) repealed: O.I.C. 2007-385, N.S. Reg. 331/2007.

Original By-law 4(A) added: O.I.C. 94-818, N.S. Reg. 190/94; renumbered 68: O.I.C. 95-908, N.S. Reg.181/95.

Definitions for by-law 68A

68A(1)    In this by-law 68A,

 

                (a)    “liability insurance” has the same meaning as in Part II of the Partnership Act;

 

                (b)    “professional liability claim” has the same meaning as in Part II of thePartnership Act.

 

Registration of a Nova Scotia LLP

       (2)    A partnership or 2 or more persons that propose to register as a Nova Scotia LLPunder Part II of the Partnership Act must make an application to the ExecutiveDirector, which application shall be in the form prescribed by Council and, inaddition to the information required on the form, shall contain:

 

                (a)    the completed application for registration as a Nova Scotia LLP that theproposed LLP intends to submit to the Registrar of Joint Stock Companies;and

 

                (b)    documentation, in a form prescribed by Council, confirming that all memberswho are partners in the proposed LLP have and maintain the liability insurancerequired by this by-law.

 

Receipt of application

       (3)    On receipt of an application pursuant to by-law 68A(2), the Executive Director shallverify that:

 

                (a)    the partnership and its partners meet all of the applicable eligibilityrequirements for practice as an LLP that are imposed under the Act; and

 

                (b)    the members who are partners of the proposed LLP have liability insurance inthe form and amount required by this by-law.

 

       (4)    When the Executive Director is satisfied that the requirements of by-law 68A(3)have been met, the Executive Director shall issue to the Registrar of Joint StockCompanies the statement required by clause 7A(1)(e) of the Partnerships andBusiness Names Registration Act.

 

Registration of an extra-provincial LLP

       (5)    A partnership with the status of a limited liability partnership under the laws of ajurisdiction outside Nova Scotia that proposes to register as an extra-provincial LLPunder Part II of the Partnership Act must make an application to the ExecutiveDirector, which application shall be in the form prescribed by Council and, inaddition to the information required on the form, shall contain:

 

                (a)    the completed application for registration as an extra-provincial LLP that itproposes to submit to the Registrar of Joint Stock Companies; and

 

                (b)    documentation, in a form prescribed by Council, confirming that all of theNova Scotia partners have and maintain the liability insurance required by thisby-law.

 

Receipt of application

       (6)    On receipt of an application pursuant to by-law 68A(5) the Executive Director shallverify that:

 

                (a)    the partnership and its partners meet all of the applicable eligibilityrequirements for practice as an LLP that are imposed under the Act; and

 

                (b)    the Nova Scotia partners have liability insurance in the form and amountrequired by this by-law.

 

       (7)    When the Executive Director is satisfied that the requirements of by-law 68A(6)have been met, the Executive Director shall issue to the Registrar of Joint StockCompanies the statement required by clause 7A(2)(g) of the Partnerships andBusiness Names Registration Act.

 

Insurance requirements

       (8)    Except as provided in by-law 68A(9), each member who is a partner of a NovaScotia LLP and each member who is a Nova Scotia partner of an extra-provincialLLP must have and maintain liability insurance that:

 

                (a)    includes the LLP as a named insured;

 

                (b)    provides minimum coverage in respect of professional liability claims in theamount of $1,500,000 if the member practices in an LLP having 3 or fewermembers or $2,000,000 if the member practices in an LLP having 4 or moremembers; and

 

                (c)    provides that the minimum coverage of any policy required by this by-law beavailable in respect of all claims made 6 years following the coverage periodstipulated in the policy.

 

       (9)    If the member has and maintains professional liability insurance pursuant to by-law68 that meets all the requirements of the liability insurance required by this by-lawthen no additional insurance is required by this by-law.

 

Notification of non-compliance

       (10)  The Executive Director shall provide notification to the Registrar of Joint StockCompanies in accordance with subclause 16A(1)(b)(i) of the Partnerships andBusiness Names Registration Act if the Executive Director becomes aware that:

 

                (a)    the LLP or 1 or more of the partners no longer meets all of the applicableeligibility requirements for practice as an LLP that are imposed under the Act;or

 

                (b)    1 or more of the members who are partners of the LLP no longer have liabilityinsurance in the form and amount required by this by-law.

 

Information required annually

       (11)  Each LLP registered pursuant to Part II of the Partnership Act shall annuallyprovide, in a form prescribed by Council, the following information to the ExecutiveDirector:

 

                (a)    confirmation that the LLP continues to be engaged in the profession;

 

                (b)    full particulars of any change in the partners in the Nova Scotia LLP or theNova Scotia partners of an extra-provincial LLP since the later of the LLP’sregistration with the Registry of Joint Stock Companies and the LLP’s mostrecent report to the Executive Director under this by-law; and

 

                (c)    documentation, in a form prescribed by Council, confirming that each memberwho is a partner of a Nova Scotia LLP or each member who is a Nova Scotiapartner of an extra-provincial LLP has and maintains the liability insurancerequired by this by-law.

By-law 68A added: O.I.C. 2011-350, N.S. Reg. 277/2011.

Professional corporations

69   (1)    A member or members proposing to be registered with the Institute as a professionalcorporation for the purpose of practising public accounting shall submit to theExecutive Director

 

                (a)    a letter of application requesting registration as a professional corporation;

 

                (b)    a declaration stating

 

                         (i)     legal and beneficial interest of [in] a majority of the issued shares of theprofessional corporation vest in members of the Institute,

 

                         (ii)    a majority of the persons who are directors of the professionalcorporation are members of the Institute, and

 

                         (iii)   any person who will carry on the practice of public accounting on behalfof the professional corporation is a member of the Institute or a personunder the direction or supervision of a member;

 

                (c)    a copy of the professional corporation’s Memorandum of Association;

 

                (d)    a copy of the professional corporation’s Certificate of Incorporation certified bythe Registrar of Joint Stock Companies;

 

                (e)    a Certificate of Status issued by the Registrar of Joint Stock Companies; and

 

                (f)    registration fee in an amount prescribed by Council.

 

       (2)    Any member who has complied with the requirements of [subsection] (1) shall beregistered as a professional corporation for the purpose of practising publicaccounting if, in the opinion of Council, the professional corporation meets therequirements for a professional corporation as defined in these by-laws and is acorporation in good standing under the Companies Act of Nova Scotia.

 

       (3)    Registration under subsection (2) shall be valid from the date of registration to the30th day of April next following.

By-law 69(3) replaced: O.I.C. 1999-496, N.S. Reg. 104/99.

 

       (4)    Registration may be renewed annually upon payment of a renewal fee to theInstitute, the amount of which shall be prescribed by Council, on or before [the] 30thday of April of each year.

By-law 69(4) replaced: O.I.C. 1999-496, N.S. Reg. 104/99.

 

       (5)    Registration may be suspended or revoked by resolution of Council

 

                (a)    if any of the requirements for a professional corporation as defined in these by-laws ceases to be fulfilled;

 

                (b)    upon failure to pay a renewal fee on or before the anniversary date ofregistration;

 

                (c)    upon written request of the member.

 

       (6)    If a professional corporation ceases to fulfil any requirement for a professionalcorporation by reason only of

 

                (a)    the death of a member;

 

                (b)    a member ceasing to be a member; or

 

                (c)    the suspension of a member,

 

who is a shareholder of the professional corporation, the member or the personalrepresentative of the deceased member, has a period of 90 days from the date ofdeath, cessation of membership, or suspension, as the case may be, in which to fulfilthe condition failing which registration is automatically revoked effective upon theexpiration of the 90 day period, without the necessity of a resolution of Council.

 

       (7)    Registration which has been suspended or revoked shall be reinstated if, in theopinion of Council, the professional corporation meets the requirements for aprofessional corporation as defined in these by-laws and is a corporation in goodstanding under the Companies Act of Nova Scotia and any renewal fee has beenpaid.

 

       (8)    The Executive Director shall keep a register called the Corporations Register whichshall contain

 

                (a)    the name of each member registered to practise public accounting as aprofessional corporation and the name of the professional corporation;

 

                (b)    the date of registration of each member registered to practise public accountingas a professional corporation;

 

                (c)    the respective dates of renewal of the member’s registration as a professionalcorporation;

 

                (d)    the date of revocation or suspension of the member’s registration as aprofessional corporation;

 

                (e)    such further particulars as may be directed by Council.

 

       (9)    Every member who is registered as a professional corporation shall inform theExecutive Director of any change in the particulars set forth in the informationprovided under (1)(b) by providing the Executive Director with written notice within15 days of the change.

 

       (10)  No member who is a shareholder of a professional corporation shall enter into avoting trust agreement, proxy or any other type of agreement vesting in anotherperson who is not a member of the Institute the authority to exercise the voting rightsattached to any or all of his or her shares.

Original By-law 4B added: O.I.C. 94-818, N.S. Reg. 190/94; renumbered 69: O.I.C. 95-908,N.S. Reg. 181/95.

Professional Development Committee

70   (1)    The Professional Development Committee shall be responsible for ensuring thatmembers engage in continuing professional development on an annual basis.

 

       (2)    In the execution of its duties the Professional Development Committee shall have thepower

 

                (a)    to determine from time to time what activities qualify as continuingprofessional development;

 

                (b)    to determine the manner in which members shall report their continuingprofessional development;

 

                (c)    to determine members or classes of members, in addition to those membersdescribed in subsection (3), who may be exempted or have reducedrequirements from the requirements of this By-law;

By-law 70(1)(c) amended: O.I.C. 2008-83, N.S. Reg. 94/2008.

 

                (d)    to review member compliance with the requirements of this By-law.