C-26, r. 42 - Regulation respecting refresher training periods for certified management accountants

Updated to 1 September 2012

This document has official status.

chapter C-26, r. 42

Regulation respecting refresher training periods for certified management accountants

Professional Code

(chapter C-26, s. 94, par. j).

Implicitly revoked, 2012, chapter 11, s. 25, par. 1.

DIVISION I GENERAL

1. In this Regulation, unless the context indicates otherwise,

“Order” means the Ordre professionnel des comptables en management accrédités du Québec;

“member” means a person entered on the roll of the Order;

“training period” means a period of refresher training contemplated by this Regulation;

“trainee member” means a member who is required to serve a training period;

“tutor” means a member responsible for verifying whether a training period or part of a training period is in conformity with the objectives and terms and conditions determined by the board of directors.

O.C. 71-87, s. 1.

DIVISION II TRAINING PERIOD

2. If the board of directors considers that the level of competence of a member does not meet the standards required for the protection of the public, it may oblige a member to serve a training period where:

(1)  his name is entered on the roll more than 5 years after he obtained his permit or more than 5 years from the date on which he was entitled to the issuance of such permit;

(2)  his name is re-entered on the roll after failing to have it entered thereon for more than 5 years;

(3)  his name is re-entered on the roll after it has been struck off for more than 5 years;

(4)  he is the subject of a recommendation to that effect by the professional inspection committee or the disciplinary council pursuant to section 113 or 160 of the Professional Code (chapter C-26);

(5)  he has served a training period considered, under section 11, not to comply with the objectives and the terms and conditions determined by the board of directors.

O.C. 71-87, s. 2.

3. A training period may not be imposed more than 90 days after the point at which a member becomes liable to be obliged to serve such training period.

O.C. 71-87, s. 3.

4. A training period may prescribe activities, in particular one or more of the following:

(1)  period of practical training;

(2)  studies;

(3)  courses;

(4)  research work.

O.C. 71-87, s. 4.

5. A training period may not exceed 1,000 hours nor extend over a period of more than 12 consecutive months.

O.C. 71-87, s. 5.

6. The decision of the board of directors to oblige a member to serve a training period must specify the objectives, duration and the terms and conditions of that training period.

O.C. 71-87, s. 6.

7. The board of directors shall determine the place and time of the training period and shall designate one or several tutors, as required.

O.C. 71-87, s. 7.

8. The tutor shall submit a report to the board of directors within 10 days after completion of his task stating, with reasons in support thereof, whether the trainee member acted, while under his supervision, in compliance with the objectives and the terms and conditions determined by the board of directors.

O.C. 71-87, s. 8.

9. The trainee member or his tutor may be required to submit additional reports to the board of directors on the dates determined by the latter.

O.C. 71-87, s. 9.

10. The tutor must send the trainee member a copy of the report under section 8 or 9 at the same time as he sends it to the board of directors.

O.C. 71-87, s. 10.

11. After study of each of the reports required under sections 8 and 9, the board of directors shall decide, within 20 days after completion of the training period, whether it complies with the objectives and the terms and conditions it has determined.

O.C. 71-87, s. 11.

DIVISION III LIMITATION OF PROFESSIONAL ACTIVITIES

12. The board of directors may, if it so considers necessary for the protection of the public, limit the trainee member’s right to practise during all or part of the training period, in particular in one or several of the following ways:

(1)  by determining when and where he is authorized or is not authorized to practise;

(2)  by determining the professional acts which he is authorized or is not authorized to perform;

(3)  by requiring that the professional acts that he is authorized to perform, or some of them, be performed under the supervision of another member or group of members.

O.C. 71-87, s. 12.

13. The decision of the board of directors to limit a trainee member’s right to practise must be transmitted to his employer, if any.

O.C. 71-87, s. 13.

DIVISION IV DECISIONS OF THE BOARD OF DIRECTORS

14. Before imposing a training period or limiting a trainee member’s right to practise, the board of directors must give the member concerned the opportunity to be heard. For such purpose, the board of directors must give the member written notice of at least 5 days of the date of the hearing.

O.C. 71-87, s. 14.

15. The reasons for a decision imposing a training period, limiting a trainee member’s right to practise, or ruling on the validity of a completed training period, must be given in writing and served on the member in question in accordance with the Code of Civil Procedure (chapter C-25) or sent by registered or certified mail.

O.C. 71-87, s. 15.

16. The decision of the board of director imposing a training period or limiting a trainee member’s right to practise shall take effect 30 days after being sent to or served on the latter.

O.C. 71-87, s. 16.

17. During the training period, the board of directors may, upon a request with reasons by the trainee member and communicated to his tutor, reduce the duration and requirements of the training period and reduce the conditions of any limitation of the trainee member’s right to practise.

O.C. 71-87, s. 17.

18. A member must comply with every decision of the board of directors given in accordance with this Regulation.

O.C. 71-87, s. 18.

DIVISION V FINAL

19. (Omitted).

O.C. 71-87, s. 19.

REFERENCES

O.C. 71-87, 1987 G.O. 2, 844

S.Q. 2008, c. 11, s. 212