C-48.1, r. 26.1 - Regulation respecting the public accountancy permit of the Ordre des comptables professionnels agréés du Québec

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chapter C-48.1, r. 26.1
Regulation respecting the public accountancy permit of the Ordre des comptables professionnels agréés du Québec
CHARTERED PROFESSIONAL ACCOUNTANTS — PUBLIC ACCOUNTANCY PERMIT
Chartered Professional Accountants Act
(chapter C-48.1, ss. 5 and 6).
C-48.1
June 4 2014
DIVISION I
GENERAL PROVISIONS
1. The Ordre des comptables professionnels agréés du Québec shall issue a public accountancy permit:
(1)  to a member who meets the following conditions:
(a)  has successfully completed the professional education program in public accountancy set out in Division II or training recognized by the Order that meets the objectives set out in Division II;
(b)  has successfully completed the training period in public accountancy set out in Division III or a period of training or practical experience recognized by the Order that meets the objectives set out in Division III;
(c)  has passed the public accountancy examination of the Order set out in Division IV or passed an evaluation or earned practical experience recognized by the Order that meets the objectives set out in Division IV;
(d)  has completed an application for a public accountancy permit;
(e)  has paid the prescribed fees;
(2)  to a member who holds a legal authorization to practice public accountancy contemplated in Division VI.
The fees payable under this Regulation are those prescribed by the board of directors pursuant to paragraph 8 of section 86.0.1 of the Professional Code (chapter C-26).
O.C. 476-2014, s. 1.
2. A member shall meet the conditions in subparagraphs a to c of paragraph 1 of section 1 within 3 years from the date of registration in the professional education program or the date of authorization to start a training period in public accountancy, whichever is earliest, or within a shorter period prescribed by the Order in accordance with Division V.
O.C. 476-2014, s. 2.
DIVISION II
PROFESSIONAL EDUCATION
3. The professional education program in public accountancy allows for the in-depth integration and development of competencies in assurance and taxation.
Members successfully complete the professional education program when they have completed one of the following:
(1)  6 to 12 credits integrated in a graduate level program delivered by a university that grants a diploma giving access to the permit issued by the Order;
(2)  graduate-level education offered by the Order consisting of at least two modules of 8 to 10 weeks each.
This education shall be delivered using learning methodologies and evaluation processes that involve a diversity of modern teaching methodologies emphasizing competency development.
For purposes of the first, second and third paragraphs, consideration is given to modules or courses allowing for the in-depth development of competencies in assurance and taxation completed by the member as part of the professional education program contemplated in Division II of the Regulation respecting other terms and conditions for the issue of permits of the Ordre des comptables professionnels agréés du Québec (chapter C-48.1, r. 5.2).
O.C. 476-2014, s. 3.
4. To complete the education delivered as part of a university program, members shall register with a university that provides such education. To complete the education delivered by the Order, members shall register with the Order.
Members shall pay the prescribed fees for any application respecting the professional education program.
O.C. 476-2014, s. 4.
DIVISION III
TRAINING PERIOD
5. The training period in public accountancy lasts 24 months and is comprised of at least 1,250 hours of professional services in assurance, including at least 625 hours devoted to audit engagements. It enables the trainee member to integrate, in a professional environment, competencies in the area of financial reporting and to develop in-depth competencies in audit and assurance. The work environment in which the training period takes place has the following characteristics:
(1)  audit and assurance services are offered to various types of clients operating in diverse industries;
(2)  the trainee member is provided with a range of progressively complex assignments, increasing responsibility and high-quality practical experience conducive to his progress;
(3)  the policies and practices in place foster professional and ethical conduct.
For purposes of the first paragraph, consideration is given to a training period completed by the member in accordance with Division III of the Regulation respecting other terms and conditions for the issue of permits by the Ordre des comptables professionnels agréés du Québec (chapter C-48.1, r. 5.2) and meeting the requirements of this Division.
O.C. 476-2014, s. 5.
6. The training period in public accountancy shall be supervised by a training employer who assists the trainee member in achieving the objectives of the training period.
O.C. 476-2014, s. 6.
7. The training employer shall satisfy the following conditions:
(1)  holds a public accountancy permit and practices auditing in the enterprise or organization where the training period is taking place;
(2)  is not struck off the Roll, suspended or subject to a limitation of the right to engage in professional activities;
(3)  was not the subject of a striking off the Roll, a suspension or a limitation of the right to engage in professional activities imposed by the disciplinary council or by any other disciplinary tribunal in the 3 years prior to the date of the training period authorization request;
(4)  has the experience, competence and availability required to perform this function.
O.C. 476-2014, s. 7.
8. Before starting a training period, members shall complete a public accountancy training period authorization request using the prescribed form and pay the prescribed fees.
The training period evaluation committee, formed by the board of directors pursuant to paragraph 2 of section 86.0.1 of the Professional Code (chapter C-26), authorizes the public accountancy training period project if it meets the conditions set out in this Division. Before refusing to authorize a public accountancy training period project, the committee shall give the trainee member the opportunity to submit written representations. The decision of the training period evaluation committee is final.
O.C. 476-2014, s. 8.
9. Any change to a training period project shall be authorized by the training period evaluation committee.
O.C. 476-2014, s. 9.
10. During the training period, the trainee member submits periodic assessments on his progression to the training period evaluation committee in accordance with the objectives stated in section 5. These assessments, completed on the forms provided for this purpose and signed by the training employer, shall be submitted at least twice a year.
Within 30 days of the end of the training period, the trainee member shall also submit a final assessment report on the training period in accordance with the objectives stated in section 5, completed on the form provided for this purpose and signed by the training employer.
O.C. 476-2014, s. 10.
11. The training period evaluation committee may, during the training period, verify whether the training period meets the requirements of the authorized project. To this end, the committee may require from the training employer or trainee member information that will allow it to evaluate the validity of the training period.
If the committee believes that the training period does not meet the requirements of the authorized project, it may take one or more of the following actions:
(1)  revoke its authorization of the training period project;
(2)  refuse to recognize all or part of the training period already served;
(3)  indicate the conditions under which the training period can be completed.
Before taking any of these actions, the committee shall give the trainee member the opportunity to submit written representations.
O.C. 476-2014, s. 11.
12. Within 90 days of receiving the report contemplated in the second paragraph of section 10, the training period evaluation committee determines, based on the periodic assessments and the final assessment report, whether the trainee member meets the training period requirements and informs the trainee member.
If the committee refuses to recognize all or part of the training period, it shall determine the activities to be completed or repeated, as well as the terms and conditions under which they shall be completed or repeated, to meet the training period requirements.
However, the committee cannot make a decision provided for in the second paragraph until it has given the trainee member the opportunity to make written representations.
O.C. 476-2014, s. 12.
13. Within 30 days of receiving the training period evaluation committee’s decision informing him that he has not met the requirements of the training period, the trainee member may request a review by the executive committee, the members of which must not have been involved in the initial decision. The executive committee’s decision shall be communicated to the trainee member within 90 days of the review application date.
O.C. 476-2014, s. 13.
DIVISION IV
EXAMINATION
14. The public accountancy examination evaluates the depth of competency in financial reporting, assurance and auditing.
For purposes of the first paragraph, consideration is given to the fact that the member has passed the paper contemplated in paragraph 2 of section 25 of the Regulation respecting other terms and conditions for the issue of permits by the Ordre des comptables professionnels agréés du Québec (chapter C-48.1, r. 5.2), which evaluates the depth of competency in financial reporting, assurance and auditing.
O.C. 476-2014, s. 14.
15. The public accountancy examination shall be held at least once a year.
O.C. 476-2014, s. 15.
16. Members may sit for the final examination if they:
(1)  have met the requirements in subparagraph 1 of the first paragraph of section 1;
(2)  have completed an application for the examination using the form provided for this purpose and paid the prescribed fees.
O.C. 476-2014, s. 16.
17. A member who fails the public accountancy examination is entitled to retake it. Should the member fail once again, he may retake the examination after having completed examination preparation training.
The executive committee may allow an additional attempt if the member can demonstrate that he was unable to sit for the examination or pass the examination due to exceptional circumstances.
O.C. 476-2014, s. 17.
18. A member may request to have his examination results reviewed by presenting a written application to the executive committee within 15 days of receiving the results, accompanied by the prescribed fees.
The executive committee shall render a decision within 90 days of receiving the review application.
The revised mark is final.
O.C. 476-2014, s. 18.
DIVISION V
RECOGNITION PROCEDURE
19. A member wishing to obtain recognition for education, a training period, practical experience or an evaluation for the purposes of section 1 shall apply to the secretary of the Order, include all documents supporting the application and pay the prescribed fees.
Documents in a language other than French or English submitted in support of an application shall be accompanied by a French or English translation. The translation shall be certified as true to the original by a member of the Ordre des traducteurs, terminologues et interprètes agréés du Québec or by an authorized consular or diplomatic representative.
O.C. 476-2014, s. 19.
20. The secretary of the Order shall send the application for recognition to the committee formed for this purpose by the board of directors pursuant to paragraph 2 of section 86.0.1 of the Professional Code (chapter C-26). The committee is composed of persons other than members of the board of directors.
Where the documents provided by the member are insufficient to allow for an appreciation of the application for recognition, the committee may, in order to complete its assessment, ask the member to participate in an interview, pass an examination, complete a training period or submit to a combination of these measures.
O.C. 476-2014, s. 20.
21. The decision of the committee shall be reasoned and in writing and shall be communicated to the member within 90 days of the date of the application.
Where the committee decides to refuse all or part of the application for recognition, it shall, within the same timeframe, inform the member in writing of the programs of study, courses, training periods and examinations which, if successfully completed within the allotted time, would enable the member to be granted recognition. The committee shall also advise the member of the right to apply for a review of the decision in accordance with section 22.
O.C. 476-2014, s. 21.
22. A member who is informed of the committee’s decision to refuse or partially accept the application for recognition may apply for a review of the decision by the Order’s executive committee. The member shall apply to the secretary of the Order in writing for this review within 30 days of receiving the decision and pay the prescribed fees.
The executive committee has 75 days from the date it receives the application for review to render its decision. The secretary of the Order shall inform the member of the date of the meeting at which the application will be reviewed at least 15 days before that date. The member may send written representations at any time before the date scheduled for the meeting.
The decision of the executive committee is final and shall be communicated to the member within 15 days of the date on which the decision was made.
O.C. 476-2014, s. 22.
DIVISION VI
LEGAL AUTHORIZATIONS TO PRACTICE
23. The Order shall issue a public accountancy permit to a member who holds a legal authorization to practice public accountancy granted by the Public Accountants Board of the Province of Nova Scotia, the Public Accountants Licensing Board of Newfoundland and Labrador or by an organization of chartered professional accountants, chartered accountants, certified management accountants or certified general accountants in another Canadian province or territory, or in Bermuda.
O.C. 476-2014, s. 23.
24. To obtain a public accountancy permit, a member who is legally authorized to practice shall apply in writing to the Order, and include proof of the authorization to practice and the prescribed fees.
O.C. 476-2014, s. 24.
DIVISION VI.1
PROVISIONS GIVING EFFECT TO THE ARRANGEMENT ENTERED INTO BY THE ORDER UNDER THE AGREEMENT BETWEEN QUÉBEC AND FRANCE REGARDING MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
1165-2018O.C. 1165-2018, s. 1.
24.1. To obtain a public accountancy permit, the applicant shall meet the following conditions:
(1)  has obtained, in the 5 years preceding the application, a chartered professional accountant’s permit under the Règlement sur la délivrance d’un permis de l’Ordre des comptables professionnels agréés du Québec pour donner effet à l’arrangement conclu par l’Ordre en vertu de l’Entente entre le Québec et la France en matière de reconnaissance mutuelle des qualifications professionnelles (chapter C-48.1, r. 14.01);
(2)  has accumulated, in the last 5 years, during the applicant’s training period and professional experience in France, at least 1,250 hours in assurance, including at least 625 hours in audit or, where applicable, has accumulated the missing hours in Québec by an adaptation period with a chartered professional accountant training employer who holds a public accountancy permit recognized by the Order;
(3)  has successfully completed training offered by the Ordre des comptables professionnels agréés du Québec or by an entity accredited by the Order for at least 14 hours on accounting standards for private enterprises;
(4)  has successfully completed training offered by the Ordre des comptables professionnels agréés du Québec or by an entity accredited by the Order for at least 14 hours on Canadian auditing standards.
1165-2018O.C. 1165-2018, s. 1.
24.2. The applicant shall fill out and submit to the Order the form provided by the Order and attach to it
(1)  a certificate of compliance of the Ordre des experts-comptables de France, completed by the applicant and the Ordre des experts-comptables de France on the form provided by the Ordre des comptables professionnels agréés du Québec, which specifies the number and description of training hours or professional experience in assurance and audit that the applicant completed in France;
(2)  if applicable, a form of professional experience certification provided by the Order that the applicant has filled out by the applicant’s former employers, which specifies the number and description of hours of professional experience in assurance and audit completed in Québec;
(3)  the certifications indicating that the applicant has successfully completed the training periods required under paragraphs 3 and 4 of section 24.1; and
(4)  the payment of the fees for file examination and for opening a file, required under paragraph 8 of section 86.0.1 of the Professional Code (chapter C-26).
The Ordre des comptables professionnels agréés du Québec acknowledges receipt of the permit application within 30 days following the date of receipt and, where applicable, informs the applicant of any missing document. The applicant has 3 years following his application to send the certifications provided for in subparagraph 3 of the first paragraph and, where applicable, the certification form provided for in subparagraph 2 of the first paragraph.
1165-2018O.C. 1165-2018, s. 1.
24.3. The Order’s committee, formed for that purpose, decides if the applicant meets the conditions provided for in section 24.1 within 60 days following the date on which the committee receives each of the documents required under section 24.2.
Where the committee refuses to recognize that one of the conditions is fulfilled, it shall, on the same occasion, inform the applicant in writing of the programs of study, courses, training periods and examinations which, if successfully completed, within the allotted time, would enable the applicant to obtain the public accountancy permit. The committee shall also advise the applicant of the right to apply for review of the decision in accordance with section 24.4.
1165-2018O.C. 1165-2018, s. 1.
24.4. The applicant who is informed of the committee’s decision to refuse to recognize that one of the conditions provided for in section 24.1 is fulfilled may apply for review to the Order’s executive committee. The applicant shall apply thereto in writing with the Order within 30 days of the date of receipt of that decision and pay the fees payable.
The executive committee has 75 days from the date it receives the application for review to render its decision. The secretary informs the applicant of the date of the sitting at which the application will be reviewed at least 15 days before that date. The committee informs the applicant that it may send written representations at any time before the date scheduled for the sitting.
The decision of the executive committee is final and shall be communicated to the applicant within 15 days of the date on which the decision was made.
1165-2018O.C. 1165-2018, s. 1.
DIVISION VII
CONDITIONS FOR HOLDING A PERMIT
§ 1.  — Refresher program
25. A member who holds a public accountancy permit and who resumes the practice of public accountancy after not practicing in this area for more than 5 years shall successfully complete a refresher program determined by the Order.
This program consists in performing assurance and audit engagements evaluated by a training employer who meets the conditions in section 7. The program may include the requirement to take courses, with or without evaluation.
O.C. 476-2014, s. 25.
26. The Order determines the duration of the refresher program imposed on a member. The program shall not exceed 24 months. For purposes of determining the duration and content of the refresher program, the Order takes into account the member’s professional experience in public accountancy and the period during which the member ceased to practice in this area.
O.C. 476-2014, s. 26.
27. At the end of the refresher program, the training employer analyzes the member’s ability to practice public accountancy and, within 30 days from the date the program ends, issues a recommendation to the committee formed for this purpose by the board of directors pursuant to paragraph 2 of section 86.0.1 of the Professional Code (chapter C-26). This committee is made up of persons other than members of the board of directors.
O.C. 476-2014, s. 27.
28. Within 90 days of receiving the recommendation contemplated in section 27, the committee determines whether the member meets the refresher program requirements and informs the member.
Where the committee refuses to recognize all or part of the program, it shall determine the activities to be completed or repeated, as well as the terms and conditions under which they shall be completed or repeated, to meet the program requirements.
However, the committee cannot make a decision provided for in the second paragraph until it has given the member the opportunity to make written representations.
O.C. 476-2014, s. 28.
29. Within 30 days of receiving the committee’s decision informing him that he has not met the requirements of the refresher program, the member may request a review by the executive committee. The executive committee’s decision shall be communicated to the member within 90 days of the review application date.
O.C. 476-2014, s. 29.
§ 2.  — Professional liability insurance
30. Members who hold a public accountancy permit shall send proof to the Order, not later than 1 April each year, that they have insurance for any liability they may incur as a result of faults or negligence committed in the practice of public accountancy.
O.C. 476-2014, s. 30.
DIVISION VIII
TRANSITIONAL AND FINAL PROVISIONS
31. The Order shall issue a public accountancy permit to a member who has met the conditions for the issue of a permit set out in the Regulation respecting the public accountancy permit of the Ordre des comptables en management accrédités du Québec (chapter C-48.1, r. 25) and the Regulation respecting the public accountancy permit of the Ordre des comptables généraux accrédités du Québec (chapter C-48.1, r. 26) before the earlier of 4 June 2015 and the date determined pursuant to a decision of the Order under a recognition or monitoring process provided for in these regulations.
O.C. 476-2014, s. 31.
32. This Regulation replaces the Regulation respecting the public accountancy permit of the Ordre des comptables en management accrédités du Québec (chapter C-48.1, r. 25) and the Regulation respecting the public accountancy permit of the Ordre des comptables généraux accrédités du Québec (chapter C-48.1, r. 26).
O.C. 476-2014, s. 32.
33. (Omitted).
O.C. 476-2014, s. 33.
TRANSITIONAL
2018
(O.C. 1165-2018) SECTION 2. The permit obtained by an applicant in the 5 years preceding the application, pursuant to the Règlement sur la délivrance du permis de l’Ordre des comptables généraux accrédités du Québec pour donner effet à l’arrangement conclu par l’Ordre en vertu de l’Entente entre le Québec et la France en matière de reconnaissance mutuelle des qualifications professionnelles (chapter C-48.1, r. 14) may replace the permit referred to in paragraph 1 of section 24.1 of the Regulation respecting the public accountancy permit of the Ordre des comptables professionnels agréés du Québec (chapter C-48.1, r. 26.1).
REFERENCES
O.C. 476-2014, 2014 G.O. 2, 1157
O.C. 1165-2018, 2018 G.O. 2, 4458