C-48.1, r. 28 - Regulation respecting the refresher training periods and the refresher courses of the Ordre des comptables professionnels agréés du Québec

Updated to 1 September 2012

This document has official status.

chapter C-48.1, r. 28

Regulation respecting the refresher training periods and the refresher courses of the Ordre des comptables professionnels agréés du Québec

Chartered Professional Accountants Act

(chapter C-48.1, s. 2).

Professional Code

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

The former alphanumerical designation of this Regulation was: chapter C-26, r. 64.

O.C. 353-93; S.Q. 2012, c. 11, s. 34.

DIVISION I REFRESHER TRAINING PERIODS AND REFRESHER COURSES

1. If the board of directors considers that the level of competence of a member of the Ordre des comptables professionnels agréés du Québec does not meet the standards required for the protection of the public, it may require the member to serve a refresher training period or to take a refresher course, or both, where:

(1)  his name is entered on the roll more than 5 years since he obtained his permit or more than 5 years after the date on which he was entitled to the issue 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 returns to private practice, in an office, self-employed or in the employment of a partnership of members, after having been out of private practice for more than 5 years;

(6)  he has served a training period or taken a refresher course that does not meet the objectives and conditions determined by the board of directors.

O.C. 353-93, s. 1.

2. The board of directors shall determine the duration, content, objectives, conditions and terms of the refresher training period or refresher course, or both, based on the deficiences ascertained with respect to the member and with respect to the protection of the public.

O.C. 353-93, s. 2.

3. A refresher training period or a refresher course may not extend over a period of more than 12 consecutive months.

O.C. 353-93, s. 3.

4. A refresher training period shall start not later than 3 months following the decision of the board of directors prescribing it.

A refresher course shall be taken within 12 months following the decision of the board of directors prescribing it.

O.C. 353-93, s. 4.

DIVISION II LIMITATION AND SUSPENSION OF THE RIGHT TO PRACTISE

5. Upon the recommendation of the professional inspection committee or of the disciplinary council, the board of directors may limit or suspend the right of a member for whom a refresher training period or a refresher course is prescribed to practise his professional activities. It shall decide the nature, extent and circumstances of the limitation, or the duration of the suspension, based on the deficiencies ascertained.

O.C. 353-93, s. 5.

DIVISION III MISCELLANEOUS

6. The board of directors shall rule on a recommendation of the professional inspection committee or of the disciplinary council within 90 days of its receipt.

O.C. 353-93, s. 6.

7. Before limiting or suspending a member’s right to practise, the board of directors shall give him the opportunity to be heard and, for that purpose, shall give him notice in writing not less than 15 days prior to the date of the hearing, transmitted by registered mail or by service on the member.

O.C. 353-93, s. 7.

8. The board of director’s decision to limit or suspend a member’s right to practise shall be sent to his employer or the partnership of which he is a member.

O.C. 353-93, s. 8.

9. The board of director’s decision prescribing a refresher training period or a refresher course or limiting or suspending a member’s right to practise shall give reasons and shall be transmitted to the member in question within 10 days following the date of the decision, by registered mail or by service on the member. It may not take effect prior to 30 days from the date it is transmitted or served.

O.C. 353-93, s. 9.

10. During a refresher training period and upon the recommendation of the member who supervises a member undergoing such training period, the board of directors may reduce the duration and requirements of the training period and, where applicable, the limitation or suspension of the right to practise.

O.C. 353-93, s. 10.

DIVISION IV FINAL

11. This Regulation replaces the Regulation respecting refresher training periods for certified general accountants (R.R.Q., 1981, c. C-26, r. 38).

O.C. 353-93, s. 11.

12. (Omitted).

O.C. 353-93, s. 12.

REFERENCES

O.C. 353-93, 1993 G.O. 2, 1962

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

S.Q. 2009, c. 35, s. 76

S.Q. 2012, c. 11, s. 32