CPABC in Focus September/ October 2015 | Page 22

Highlights of the CPABC Bylaws and Bylaw Regulations From the Regulatory Affairs Team I n the last issue of CPABC in Focus, we provided an overview of the CPABC Act. We are now pleased to present a summary of two more components of our regulatory framework: the bylaws and bylaw regulations. The bylaws The bylaws represent the high-level powers of CPABC and enable the board to make regulations relating to the implementation of that authority. These bylaws were approved by the legacy boards, submitted to the government of BC, and then approved by the CPABC board, as authorized under the CPABC Act. Any future changes to the bylaws can only be made with the approval of the membership, and can only come into force after submission to the government, which has up to 45 days to disallow them. Key areas covered: Membership and CPD The bylaws require that members must now use the CPA designation, together with their legacy designation—for example: James Joyce, CPA, CA. A change for members is that they are now permitted to display foreign accounting designations, provided that: a) the foreign designation is displayed after the tagged Canadian CPA designation and b) the jurisdiction of the foreign designation (the country or US state) is noted—for example: Jane Doe, CPA, CGA (NZ) and John Doe, CPA, CMA, CPA (Illinois). In addition, the bylaws confirm the requirement for compliance with a continuing professional development (CPD) program, and give CPABC the authority to suspend or cancel non-compliant members. Public practice It is now required that individuals engaged in public practice be licensed and firms be registered. This represents a change for all legacy members, as none of the legacy bodies required that both individuals and firms be registered. Note that the definition of “public practice” is included in the definitions section of the bylaws and includes “public accounting” and “other regulated services” (such as tax and forensic accounting). The bylaws establish different licence categories that correspond to the services being offered to the public. This too represents a change for some legacy practitioners. Investigation and discipline This part of the bylaws details the process that must take place when complaints arise concerning the conduct of a member/former member, student, professional accounting corporation/former professional accounting corporation, or registered firm/former registered firm. It ensures that a rigorous and fair process is undertaken—one that respects the rights of the individual whose conduct is in question while also ensuring the protection of the public. These processes represent some level of change for members of all three legacy bodies. General The general section of the bylaws covers matters such as: the incorporation of the rules of professional conduct into the bylaws; the authority to suspend and cancel membership or licensure for non-payment of fees; and the authority to disclose information to the public about a member’s membership status, public practice licence, and business contact information. Roman Sigaev/iStock/Thinkstock