C-48 - Chartered Accountants Act

À jour au 15 décembre 2008

Ce document a valeur officielle.

chapter C-48

Chartered Accountants Act

The Minister of Justice is entrusted with the application of this Act. Order in Council 667-2010 dated 11 August 2010, (2010) 142 G.O. 2 (French), 3668.

DIVISION I DEFINITIONS

1. In this Act and the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:

(a)  “Order” : the Ordre des comptables agréés du Québec constituted by this Act;

(b)  “board of directors” : the board of directors of the Order;

(c)  “chartered accountant” or “member of the Order” : any person entered on the roll;

(d)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  “roll” : the list of members in good standing of the Order prepared in accordance with the Professional Code (chapter C-26) and this Act.

1973, c. 64, s. 1; 1974, c. 65, s. 104; 1977, c. 5, s. 229; 1994, c. 40, s. 288; 2008, c. 11, s. 212.

DIVISION II THE ORDRE DES COMPTABLES AGRÉÉS DU QUÉBEC

2. All the chartered accountants in Québec constitute a professional order called the “Ordre professionnel des comptables agréés du Québec” or the “Ordre des comptables agréés du Québec”.

1973, c. 64, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 289.

3. Subject to this Act, the Order and its members shall be governed by the Professional Code (chapter C‐26).

1973, c. 64, s. 3.

4. The head office of the Order shall be at Montréal or at any other place in Québec determined by regulation of the board of directors adopted pursuant to paragraph f of section 93 of the Professional Code (chapter C-26).

1973, c. 64, s. 4; 1994, c. 40, s. 290; 2008, c. 11, s. 212.

DIVISION III THE BOARD OF DIRECTORS

2008, c. 11, s. 212.

5. The Order shall be governed by a board of directors consisting of a president and 24 directors elected in accordance with the Professional Code (chapter C-26) and four other directors appointed by the Office des professions du Québec in the manner provided in that Code.

1973, c. 64, s. 5; 1974, c. 65, s. 109; 1989, c. 25, s. 1; 2008, c. 11, s. 212.

6. At the first meeting of the board of directors following the election and appointment of the president and directors, the members of the board of directors shall designate a vice-president from among their number by secret ballot.

1973, c. 64, s. 6; 2008, c. 11, s. 212.

7. If the president is absent or unable to act, he shall be replaced by the vice-president.

1973, c. 64, s. 7; 1999, c. 40, s. 76.

8. (Repealed).

1973, c. 64, s. 8; 1994, c. 40, s. 291.

9. (Repealed).

1973, c. 64, s. 9; 1994, c. 40, s. 291.

10. (Repealed).

1973, c. 64, s. 10; 1983, c. 54, s. 29; 1989, c. 25, s. 2; 1994, c. 40, s. 291.

11. (Repealed).

1973, c. 64, s. 11; 1994, c. 40, s. 291.

DIVISION IV SECRETARY GENERAL OF THE ORDER

1989, c. 25, s. 3.

12. (Repealed).

1973, c. 64, s. 12; 1989, c. 25, s. 4.

13. (Repealed).

1973, c. 64, s. 13; 1989, c. 25, s. 4.

14. The secretary general of the Order is appointed by the board of directors; he shall perform the duties assigned to the secretary of the Order by the Professional Code (chapter C-26), this Act and the regulations of the board of directors, and the duties entrusted to him by the board of directors.

He may receive a declaration under oath and administer the oaths prescribed by this Act.

1973, c. 64, s. 14; 1989, c. 25, s. 5; 1994, c. 40, s. 292; 2008, c. 11, s. 212.

15. (Repealed).

1973, c. 64, s. 15; 1989, c. 25, s. 6.

DIVISION V

Repealed, 1994, c. 40, s. 293.

1994, c. 40, s. 293.

16. (Repealed).

1973, c. 64, s. 16; 1989, c. 25, s. 7; 1994, c. 40, s. 293.

17. (Repealed).

1973, c. 64, s. 17; 1994, c. 40, s. 293.

18. (Repealed).

1973, c. 64, s. 18; 1994, c. 40, s. 293.

DIVISION VI PRACTICE OF PUBLIC ACCOUNTANCY

19. The practice of public accountancy consists in

(1)  expressing an opinion to provide a level of assurance about a financial statement or any part of a financial statement, or about any other information related to the financial statement; this corresponds to an assurance engagement, which comprises the performance of both an audit engagement and a review engagement, as well as the issue of special reports; and

(2)  issuing any form of certification, declaration or opinion in respect of information related to a financial statement or to any part of a financial statement, or in respect of the application of specified auditing procedures with respect to financial information, other than financial statements, neither being intended exclusively for internal management purposes.

1973, c. 64, s. 19; 2007, c. 42, s. 4.

20. (Repealed).

1973, c. 64, s. 20; 1994, c. 40, s. 294.

21. The board of directors may issue a permit to a member of a corporation of chartered accountants of another province or of a territory of Canada upon written application for that purpose accompanied by the following documents:

(a)  a written recommendation of three members of the Ordre des comptables agréés du Québec;

(b)  a certificate of the competent officer attesting that the applicant is a member in good standing of a corporation of chartered accountants of another province or of a territory of Canada.

Only the members of a corporation of chartered accountants of a province or territory of Canada in which the same privileges are granted to the members of the Ordre des comptables agréés du Québec may avail themselves of this section.

1973, c. 64, s. 21; 1977, c. 5, s. 229; 1989, c. 25, s. 8; 1994, c. 40, s. 294; 2008, c. 11, s. 212.

22. The board of directors may issue a permit to a member of a corporation of chartered accountants of another country, upon written application for that purpose accompanied by the following documents:

(a)  a written recommendation of three members of the Ordre des comptables agréés du Québec;

(b)  a certificate of the competent officer attesting that the applicant is a member in good standing of a corporation of chartered accountants of another country.

The applicant must:

(a)  show that the level of the examinations and the conditions of admission of such foreign corporation are conformable with the level of the examinations and conditions of admission of the Ordre des comptables agréés du Québec;

(b)  (subparagraph repealed);

(c)  for the year immediately preceding his application, have done in Canada accountancy work which in the opinion of the board of directors has provided him with the necessary accountancy experience;

(d)  undergo an examination in commercial law, company law and federal and provincial taxation;

(e)  meet the other conditions and formalities imposed in accordance with this Act and the regulations of the board of directors.

1973, c. 64, s. 22; 1977, c. 5, s. 229; 1994, c. 40, s. 294; 2008, c. 11, s. 212.

22.1. The board of directors may enter into an agreement with the following bodies exercising complementary functions with respect to the protection of the public: the Autorité des marchés financiers and the Canadian Public Accountability Board incorporated under the Canada Business Corporations Act (Revised Statutes of Canada (1970), chapter C-32). The term of the agreement may not exceed five years.

The agreement may, to the extent required for its implementation, derogate from the Acts and regulations governing the Order that pertain to the confidentiality of the information it holds. The agreement must define the nature and scope of the information the Order and the body may exchange concerning inspection, discipline or any inquiry conducted by the body or the Order regarding a professional or a professional partnership or company within which members of the Order practise, specify the purpose of the exchange of information and the conditions of confidentiality to be observed, including those pertaining to professional secrecy, and determine how information so obtained may be used.

The information that may be communicated under the agreement must be necessary for the exercise of the functions of the party receiving it.

The information communicated by the Order under the agreement must be treated by the body receiving it with as much confidentiality as if it had been obtained or was held by the Order in the exercise of the powers granted by the Professional Code (chapter C-26). That obligation does not, however, restrict the powers granted by an Act of Québec to the Autorité des marchés financiers as regards the communication of information.

The agreement is published in the Gazette officielle du Québec. On the expiry of at least 45 days after the publication, it is submitted to the Government for approval, with or without amendments. The agreement comes into force after approval, on the date it is published again in the Gazette officielle du Québec or on any later date stated in the agreement.

The Order shall report on the implementation of the agreements entered into in the report it must produce under section 104 of the Professional Code.

2006, c. 19, s. 1; 2008, c. 11, s. 212.

22.2. As long as an agreement under section 22.1 is in force, members of the Order are authorized, despite being bound by professional secrecy, to provide, to the extent specified in the agreement, information relating to their professional activities or clients to a representative of the body acting within the scope of its activities in Québec.

The information communicated under the agreement by a member of the Order must be treated by the body receiving it with as much confidentiality as if it had been obtained or was held by the Order in the exercise of the powers granted by the Professional Code (chapter C-26). That obligation does not, however, restrict the powers granted by an Act of Québec to the Autorité des marchés financiers as regards the communication of information.

2006, c. 19, s. 1.

22.3. No proceedings may be instituted against a body having entered into an agreement under section 22.1, or any of its directors or representatives, by reason of any act performed in good faith in the exercise of their functions in Québec on the basis of information obtained in accordance with the agreement, unless an Act of Québec concerning the body provides otherwise.

2006, c. 19, s. 1.

23. (Repealed).

1973, c. 64, s. 23; 1994, c. 40, s. 294.

DIVISION VII ILLEGAL PRACTICE OF PUBLIC ACCOUNTANCY

24. Subject to the rights and privileges expressly granted by law to other professionals, no person may practise public accountancy unless he is a chartered accountant.

This section shall not apply to acts performed:

(a)  by a person in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26);

(b)  by accountants and auditors employed by the Government in the performance of their duties.

1973, c. 64, s. 24; 1977, c. 5, s. 14; 1994, c. 40, s. 295.

25. The designation “Chartered Accountant” in English and “comptable agréé” in French and the initials “C.A.” may be used only by the members of the Order or by a partnership of which each partner who practises in Québec is a member of the Order and of which every other partner is a member of the Order or a member of an order of chartered accountants of another province or of a territory of Canada.

1973, c. 64, s. 25; 1974, c. 65, s. 105; 1989, c. 25, s. 9; 1994, c. 40, s. 296; 1999, c. 40, s. 76.

26. Every person who contravenes section 24 or 25 is liable, for each offence, to the penalties provided in section 188 of the Professional Code.

1973, c. 64, s. 26.

27. Nothing in this Act shall affect the right of any partnership of public accountants which has practised public accountancy in Québec for at least one year immediately prior to 17 April 1946 and of which at least one partner is resident in Canada and all the partners resident in Canada are members of the Order or members of a corporation of public accountants incorporated prior to 17 April 1946 under the authority of the legislature of any other province, to continue the practice of public accountancy in Québec.

1973, c. 64, s. 27; 1999, c. 40, s. 76.

28. (Repealed).

1973, c. 64, s. 28; 1977, c. 5, s. 229; 1984, c. 39, s. 555; 1987, c. 17, s. 5; 1988, c. 84, s. 567; 1994, c. 40, s. 297; 2007, c. 42, s. 5.

29. (Repealed).

1973, c. 64, s. 29; 1982, c. 26, s. 294; 1984, c. 38, s. 132; 1988, c. 64, s. 556, s. 587; 1999, c. 43, s. 13; 2000, c. 29, s. 722; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2007, c. 42, s. 5.

DIVISION VIII FINAL PROVISIONS

30. The permits issued by the Institute of Chartered Accountants of Québec under subsection 2 of section 11 of chapter 47 of the statutes of 1946, in force at 1 February 1974, shall remain in force.

1973, c. 64, s. 37.

31. Any person who, on 17 April 1946, was a member in good standing of the General Accountants Association, incorporated by the Act to incorporate the General Accountants Association (Statutes of Canada, 1913, chapter 116), and resided in Québec and has not become a member of the Order, may, at any time, obtain from the board of directors a permit to practise public accountancy, upon a written application representing that on 17 April 1946 he was a member in good standing of the General Accountants Association and then resided in Québec and intends to reside and practise public accountancy there as his principal means of livelihood.

For the purposes of this section, service outside Québec in Her Majesty’s forces or the exercise of a public function relating to the war which began in 1939, is equivalent to the necessary residence in Québec.

1973, c. 64, s. 38; 2008, c. 11, s. 212.

32. Any holder of a permit contemplated in section 30 or 31 may use the title “Registered Public Accountant”, in English, and “Comptable public enregistré”, in French, without abbreviation and without the use of initials after his name, but such title shall not be used by any partnership unless each partner holds a permit contemplated in section 30 or 31, or is a member of the Order.

1973, c. 64, s. 39; 1999, c. 40, s. 76.

33. Each holder of a permit contemplated in section 30 or 31 shall send to the Order, before 1 June each year, the address of his office and the other information which the board of directors may require.

1973, c. 64, s. 40; 2008, c. 11, s. 212.

34. The provisions of this Act and of the Professional Code (chapter C‐26) respecting the professional conduct and discipline of the members of the Order shall apply to the holders of permits contemplated in sections 30 and 31.

1973, c. 64, s. 41.

35. The board of directors may suspend or cancel a permit contemplated in section 30 or 31 if its holder does not furnish the information required under section 33 within the prescribed time.

1973, c. 64, s. 42; 1999, c. 40, s. 76; 2008, c. 11, s. 212.

36. The secretary general of the Order shall keep up to date a list of the holders of permits contemplated in sections 30 and 31.

1973, c. 64, s. 43; 1989, c. 25, s. 10.

37. A holder of a permit contemplated in section 30 who establishes to the satisfaction of the board of directors that he has practised public accountancy for at least five years and whose application is supported by three members of the Order may be admitted as a member of the Order, and entered on the roll, if he passes the professional examinations required by the regulations of the board of directors.

1973, c. 64, s. 44; 2008, c. 11, s. 212.

38. A holder of a permit contemplated in section 31 shall be admitted as a member of the Order and entered on the roll on a mere written application and on payment of the contribution exigible, if he establishes that he resides in Québec and that his principal means of subsistence for one year has been the practice of public accountancy.

1973, c. 64, s. 45.

39. Nothing in this Act shall prevent any member of The International Society of Commerce Limited who has resided in Québec since 1 January 1942 and practised as an accountant from continuing to do so, and such member may use the title of “Accredited Public Accountant” or the initials “A.P.A.” for the purposes of public accountancy, and shall retain the right to use the same title and the same initials in the exercise of his functions.

This section shall not apply to members admitted by the International Society of Commerce Limited after 17 April 1946.

Only the persons whose names appear on the lists contemplated in section 23a of chapter 47 of the statutes of 1946 may avail themselves of this section.

1973, c. 64, s. 46.

40. Nothing in this Act shall prevent a member of The International Accountants’ and Executives’ Corporation of Canada who practised public accountancy as such on 17 April 1946 and had, on that date, resided at least three years in Québec, from continuing to practise public accountancy and affixing the following distinctive letters to his name: “F.A.E.”.

1973, c. 64, s. 47.

41. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 64 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 30 to 36, 48 and 56, effective from the coming into force of chapter C-48 of the Revised Statutes.