Alberta Gazette — 29 September (ii)

0929 ii

Alberta — Gazette

Alberta Regulation 173/2001

Municipal Government Act

LETHBRIDGE REGIONAL WATER SERVICES

COMMISSION REGULATION

Filed: September 13, 2001

Made by the Lieutenant Governor in Council (O.C. 360/2001) on September 13,

2001 pursuant to

section 602.02 of the Municipal Government Act.

Establishment 1

Members 2

Services 3

Operating deficits 4

Sale of property 5

Profit and surpluses 6

Approval 7

Transfer of assets 8

Schedule

Establishment

1 A regional services commission known as the Lethbridge Regional Water

Services Commission is established.

Members

2 The following municipalities are members of the Commission:

(

a) the County of Lethbridge;

(

b) the Town of Coaldale.

Services

3 The Commission is authorized to provide water services.

Operating deficits

4 The Commission may not assume operating deficits that are shown on the

books of either of the member municipalities.

Sale of property

5(1) The Commission may not, without the approval of the Minister, sell

any of its land, buildings, equipment or inventory whose purchase has been

funded wholly or partly by grants from the Government of Alberta.

(2) The Minister may not approve a sale under subsection (1) unless the

Minister is satisfied

(

a) as to the repayment of the grants from the Government of

Alberta and outstanding debt associated with that portion of the land,

buildings, equipment or inventory to be sold,

(

b) that the sale would not have a significant adverse effect on

the services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surpluses

6 Unless otherwise approved by the Minister, the Commission may not

(

a) operate for the purposes of making a profit, or

(

b) distribute any of its surpluses to its member municipalities.

Approval

7 The Minister may make an approval under

section 5 or 6 subject to any

terms or conditions the Minister considers appropriate.

Transfer of assets

8 The member municipalities shall execute all documents and do all things

necessary to transfer to the Commission the property, assets and

liabilities in the

Schedule to this Regulation.

SCHEDULE OF PROPERTY,

ASSETS AND LIABILITIES

Transferor Transferred Asset or Liability

County of Lethbridge Water Services Agreement

with the

Town of Coaldale City of Lethbridge made as

of April 5, 2000

County of Lethbridge Grant Agreement with the

Province (Minister of Agriculture, Food and Rural Development) made

February 1, 2001

County of Lethbridge Plan 9913209

Block 2

Lot

Excepting Thereout All Mines and Minerals

County of Lethbridge Plan 0013201

Block 1

Lot

Excepting Thereout All Mines and Minerals

County of Lethbridge All equipment and assets

including,

Town of Coaldale but not limited to, all

water mains, metering facilities and associated piping to comprise the

works of the Commission located between the point of connection with the

City of Lethbridge Water System on the lands legally described as NW

10-9-21-W4 and the point of delivery to the Town of Coaldale on the east

side of the Pressure Reducing Station located on the lands legally

described as NW 9-9-20-W4.

------------------------------

Alberta Regulation 174/2001

Municipal Government Act

NORTH PEACE REGIONAL LANDFILL COMMISSION REGULATION

Filed: September 13, 2001

Made by the Lieutenant Governor in Council (O.C. 361/2001) on September 13,

2001 pursuant to

section 602.02 of the Municipal Government Act.

Establishment 1

Members 2

Services 3

Operating deficits 4

Sale of property 5

Profit and surplus 6

Conditions 7

Establishment

1 A regional services commission known as the North Peace Regional

Landfill Commission is established.

Members

2 The following municipalities are members of the Commission:

(

a) Town of Fairview;

(

b) Village of Hines Creek;

(

c) Municipal District of Fairview No. 136;

(

d) Municipal District of Clear Hills No. 21.

Services

3 The Commission is authorized to provide solid waste management

services.

Operating deficits

4 The Commission may not assume operating deficits that are shown on the

books of any of the member municipalities.

Sale of property

5(1) The Commission may not, without the approval of the Minister, sell

any of its land, buildings or personal property the purchase of which has

been funded wholly or partly by grants from the Government of Alberta.

(2) The Minister may not approve a sale under subsection (1) unless the

Minister is satisfied

(

a) as to the repayment of grants from the Government of Alberta

and outstanding debt associated with that portion of the land, buildings or

personal property to be sold,

(

b) that the sale would not have a significant adverse effect on

the services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surplus

6 Unless otherwise approved by the Minister, the Commission must not

(

a) operate for the purpose of making a profit, or

(

b) distribute any of its surplus to its member municipalities.

Conditions

7 The Minister may make an approval under

section 5 or 6 subject to any

terms or conditions that the Minister considers appropriate.

Alberta Regulation 175/2001

Cemeteries Act

EXEMPTION AMENDMENT REGULATION

Filed: September 13, 2001

Made by the Lieutenant Governor in Council (O.C. 363/2001) on September 13,

2001 pursuant to

section 60 of the Cemeteries Act.

1 The Exemption Regulation (AR 236/98) is amended by this Regulation.

2 The title of the Regulation is repealed and the following is

substituted:

CEMETERIES EXEMPTION REGULATION

3 The following is added after

section 3:

Bow City Community Hall

3.1(1) The Bow City Community Hall is exempt from sections 4 and 53 of the

Act for the purposes of permitting the Bow City Community Hall to establish

and operate a cemetery on the land legally described as follows:

Plan 0110067, Lot 1

(2) Except for sections 4 and 53 of the Act, all the provisions of the Act

and the regulations under the Act apply to the Bow City Community Hall and

in respect of the cemetery referred to in subsection (1) and its operation.

------------------------------

Alberta Regulation 176/2001

Regulated Accounting Profession Act

CERTIFIED GENERAL ACCOUNTANTS REGULATION

Filed: September 13, 2001

Made by the Lieutenant Governor in Council (O.C. 369/2001) on September 13,

2001 pursuant to

section 14 of the Regulated Accounting Profession Act.

Definitions 1

Part 1

Registration

Division 1

Students and Members: General Registration

Evidence provided on registration 2

Division 2

Registration of Students

Student applicant 3

Continuation of registration as a student 4

Cancellation of registration of student 5

Division 3

Registration of and Requirements for Members

Requirements for registration by student 6

Academic requirements 7

Practical experience requirements 8

Requirements for members of a provincial affiliate 9

Requirements for applicants from recognized accounting

organizations 10

Requirements for registration under

section 35(2)(

c) of the Act 11

Continuance of registration as a member 12

Continuing education requirements 13

Continuing education reports 14

Division 4

Reinstatement

Reinstatement of registration 15

Division 5

Use of Titles, Abbreviations and Initials

Certified general accountant 16

Division 6

Professional Corporations

Continuance of registration as a professional corporation 17

Division 7

Public Accounting Firms

Gross revenue threshold for registration of public

accounting firms 18

Registration of certified general accountants as public

accounting firms 19

Registration of other persons or firms as public

accounting firms 20

Continuance of registration as a public accounting firm 21

Division 8

Limited Liability Partnerships

Limited liability partnerships 22

Division 9

Professional Service Providers

Who must register 23

Information to be provided on registration 24

Continuance of registration as a professional service provider 25

Division 10

Categories of Registrants

Categories of registrants 26

SRA auditors 27

Part 2

Public Information

Maintenance of information 28

Part 3

Practice Review

Practice review 29

Part 4

Transitional Provisions

Limitation on investigated parties 30

Part 5

Miscellaneous

Electronic information 31

Repeal 32

Definitions

1(1) In this Regulation,

(a) "Act" means the Regulated Accounting Profession Act;

(b) "affiliation agreement" means an agreement that establishes the

terms on which the Board recognizes a provincial affiliate or a recognized

accounting organization;

Accountants' Association of Alberta;

(d) "incident" means any alleged occurrence, error, omission or

negligent act in rendering or failing to render professional services which

any reasonable person would expect to give rise to a claim;

(e) "NEC" means the National Education Committee of the Certified

General Accountants Association of Canada as described in the affiliation

agreement among the provincial affiliates;

(f) "professional admission comprehensive examinations" means a

national examination or series of examinations on competence included in

the syllabus and approved by the Board;

(g) "provincial affiliate" means an association of certified

general accountants incorporated in a territory or province of Canada other

than Alberta that is a signatory to an affiliation agreement;

(h) "recognized accounting organization" means a professional

accounting organization

(

i) recognized by the Board as having similar

regulatory objectives to the Association;

(ii) that grants a professional accounting designation;

(iii) that has competence and practice standards

recognized by the Board as being substantially equivalent to those of the

Association;

(i) "SRA auditor" means a securities regulatory authority auditor;

(j) "syllabus" means the areas of study referred to in

section

7(b).

(2) The terms defined in

section 1 and

Schedule 2 of the Act have the same

meaning in this Regulation.

PART 1 REGISTRATION

Division 1

Students and Members: General Registration

Evidence provided on registration

2(1) Each applicant for registration as a student or member of the

Association must provide evidence satisfactory to the registrar of

(

a) being a Canadian citizen or a person lawfully permitted to work

or study in Canada, and

(

b) having a good character and reputation.

(2) In determining whether an applicant is of good character and

reputation, the registrar must consider whether the applicant

(

a) has had a finding of unprofessional conduct or similar finding

made against the applicant by any professional organization, and any orders

made in consequence,

(

b) has any outstanding complaints or discipline matters with any

professional organization with which the applicant is or has been

registered,

(

c) has been convicted of a criminal offence in any country,

(

d) has any outstanding charges under the criminal law of any

country,

(

e) has been found guilty of contravening a

section of securities

regulatory or taxation authority legislation,

(

f) has been subject to any of the bankruptcy or insolvency

provisions of the Bankruptcy and Insolvency Act (Canada) or similar

legislation in another jurisdiction, and

(

g) has been found guilty of a breach of a code of conduct or an

academic infraction at any post-secondary education institution.

(3) In addition to the matters referred to in subsections (1) and (2), the

registrar must consider

(

a) any character references,

(

b) information on steps taken to overcome and evidence that the

applicant has overcome the competence or ethical issues related to

subsection (1) or (2), and

(

c) any mitigating factors provided by the applicant.

Division 2

Registration of Students

Student applicant

3(1) An applicant for registration as a student must provide to the

registrar

(

a) evidence satisfactory to the registrar that the applicant

(

i) is at least 21 years old and has a minimum 2 years

of work experience, or

(ii) has graduated from grade 12 with senior

matriculation in Alberta or with the substantially equivalent education

from a secondary school as determined by the registrar,

and

(

b) official transcripts of any relevant secondary and

post-secondary education.

(2) In addition to the requirements referred to in subsection (1), an

applicant must provide to the registrar at the time of application a

declaration

(

a) respecting the information required under

section 2;

(

b) agreeing to comply with the provisions of the Act, this

Regulation, the by-laws, the Code of Ethics and Rules of Professional

Conduct and the Association's student policy approved by the Board.

Continuation of registration as a student

4 Registration as a student continues in effect if the registrant

provides to the registrar, in a timely manner,

(

a) a description of practical experience in the form and at the

times prescribed by the registrar,

(

b) any changes to the information required to be provided to the

registrar under the Act, regulations and by-laws, and

(

c) on request of the registrar, satisfactory evidence of continued

compliance with conditions imposed by the registrar.

Cancellation of registration of student

5 A student's registration will be cancelled if the student fails to meet

the grade or performance requirements on courses and examinations within

the number of attempts or time limits determined by the Board.

Division 3

Registration of and Requirements

for Members

Requirements for registration by student

6(1) An application for registration as a member of the Association by a

student who is not registered as a member by another provincial affiliate

or recognized accounting organization must be accompanied by evidence

satisfactory to the registrar that the following requirements have been

met:

(

a) the academic requirements under

section 7;

(

b) the practical experience requirements under

section 8;

(

c) the grade and performance requirements prescribed by the Board

on the professional admission comprehensive examination.

(2) An application for registration under this

section must be made within

12 months of completing the requirements referred to under this section.

(3) The registrar may grant extensions to the time periods in subsection

(2) on the written request of the applicant.

Academic requirements

7 For purposes of

section 6(1)(a), the academic requirements consist of

(

a) completion of a degree approved by the registrar from a degree

granting institution acceptable to the registrar;

(

b) meeting the grade or performance requirements prescribed by the

Board on courses and examinations prescribed by the Board, which may

include the following areas:

(

i) financial accounting;

(ii) management accounting;

(iii) assurance services;

(iv) finance;

(

v) management information systems;

(vi) taxation;

(vii) professional accounting applications;

(viii) business, ethics and management.

Practical experience requirements

8(1) An applicant under

section 6(1)(

b) requires a period of practical

experience of 36 months in a full-time position or equivalent part-time

position in which the applicant demonstrates the practical application of

competencies in the syllabus.

(2) The Board must establish the standard at which the applicant is

required to demonstrate the practical application of the competencies in

the syllabus.

(3) The registrar will determine if the practical experience requirement

established by the Board has been met by the applicant.

(4) Notwithstanding subsection (1), the registrar may in its discretion

reduce the period of experience to a minimum of 24 months if the registrar

determines the experience requirement under subsection (3) has been met.

Requirements for members of a provincial affiliate

9(1) For the purpose of

section 35(2)(

b) of the Act, if the applicant for

registration as a member of the Association is registered by a provincial

affiliate as a certified general accountant, the applicant must provide

satisfactory evidence to the registrar that the applicant is registered in

good standing with that provincial affiliate, and that the applicant

(

a) has met the grade or performance requirements prescribed by the

NEC that were in effect at the time of admission to the provincial

affiliate, and

(

b) has completed the practical experience requirements of the

provincial affiliate that were in effect at the time of admission to the

provincial affiliate.

(2) An applicant who does not meet the requirements of subsection (1) may

provide evidence of competence in accordance with

section 11 or meet the

requirements for registration as a student applicant under

section 6.

Requirements for applicants from recognized accounting organizations

10(1) For the purposes of

section 35(2)(

b) of the Act, if an applicant for

registration as a member of the Association is registered with a recognized

accounting organization, the applicant must provide evidence satisfactory

to the registrar that the applicant has met the competence requirements

referred to in

section 35(1)(

a) of the Act by providing evidence that the

applicant

(

a) is registered in good standing with that recognized accounting

organization,

(

b) has met the grade or performance requirements and examination

requirements of the recognized accounting organization that were in effect

at the time of admission to that accounting organization,

(

c) has completed any other course or examination requirements that

the Board determines are necessary to insure the applicant has the

competence required to practise as a certified general accountant in

Alberta, and

(

d) has completed the practical experience requirements of the

recognized accounting organization that were in effect at the time of

admission to that accounting organization.

(2) An applicant who does not meet the requirements of subsection (1) may

provide evidence of competence in accordance with

section 11 or meet the

requirements for registration as a student applicant under

section 6.

Requirements for registration under

section 35(2)(

c) of the Act

11(1) An applicant may provide evidence of competence under

section

35(2)(

c) of the Act by providing evidence satisfactory to the registrar of

(

a) grades and performance achieved in academic, educational and

other relevant studies, that are substantially equivalent to the

requirements set out in

section 7,

(

b) practical experience of at least 36 months, including

documentation and examples of relevant accomplishments and abilities, that

are substantially equivalent to the requirements set out in

section 8,

(

c) membership in good standing with organizations relevant to the

accounting profession, the regulated standards and requirements of such

organizations and activities completed in such organizations,

(

d) relevant professional development activities completed,

(

e) other relevant qualifications, accomplishments, abilities and

competencies,

(

f) areas of employment or practice within which the applicant

intends to be professionally active, and

(

g) professional competence of the applicant, as it relates to the

areas of practice within which the applicant intends to be professionally

active.

(2) For purposes of subsection (1), the evidence must be presented in

writing and may be supplemented by personal representations from the

applicant or from other individuals, at the request of the registrar.

(3) For the purposes of assessing public accounting practice experience

where the applicant intends to engage in a public accounting practice, a

review of client files that is substantially equivalent to a practice

review required under

Part 4 of the Act must be completed.

(4) For purposes of assessing the evidence provided under subsection (1),

the registrar may direct that the applicant satisfactorily demonstrate

certain abilities and competencies through completion of courses or

examinations approved by the Board.

(5) An applicant who does not meet the requirements of subsections (1) to

(4) may meet the requirement for registration as a student applicant under

section 6.

Continuance of registration as a member

12 For the purposes of

section 51(1)(

c) of the Act, registration as a

member of the Association continues in effect if the registrant provides to

the registrar, in a timely manner,

(

a) any changes to the information required to be provided to the

registrar under the Act, this Regulation and the by-laws,

(

b) the report on continuing education required under

section 14,

and

(

c) on request of the registrar, evidence satisfactory to the

registrar of continued compliance with conditions imposed by the registrar.

Continuing education requirements

13(1) Each member of the Association must complete the topics of study and

activities, the minimum number of credits in relation to those topics of

study and activities and the total number of credits prescribed by the

Board in order to maintain professional competence.

(2) The registrar, in accordance with policy made by the Board, may grant

an exemption from the requirements prescribed under subsection (1).

(3) For the purposes of subsections (1) and (2), the registrar may

recognize as continuing education any formal education or informal

education that in the registrar's opinion is appropriate.

(4) For the purposes of subsection (3),

(a) "formal education" includes

(

i) presentation or completion of courses and seminars

offered by entities recognized by the registrar, and

(ii) any other form of educational activity recognized

by the registrar as formal education;

(b) "informal education" includes

(

i) private reading, study or research,

(ii) preparation for lectures or courses,

(iii) preparation of published articles or papers, and

(iv) any other form of educational activity recognized

by the registrar as informal education.

Continuing education reports

14 Each member of the Association must

(

a) submit annually, on or before the date prescribed by the

registrar and in the form prescribed by the registrar, a report containing

(

i) a declaration that the member has complied with

section 13, or

(ii) a declaration that

section 13 does not apply to the

member,

and

(

b) keep, for 5 years, a record of continuing education completed

annually and, on request, provide to the registrar or its designate the

record and supporting documentation for reported credits.

Division 4

Reinstatement

Reinstatement of registration

15(1) Unless otherwise provided in the Act, this Regulation or the

by-laws, an investigated party whose registration is suspended under

Part 5

or 6 of the Act must be reinstated when the investigated party has

satisfied the discipline tribunal roster chair that the investigated party

has complied with the order governing the suspension made pursuant to

Part

5 or 6 of the Act and any certificate must be reissued.

(2) An applicant whose resignation was accepted under

section 75(2) of the

Act or whose registration was cancelled under

Part 5 or 6 of the Act must

comply with all orders or any conditions specified by the complaints

inquiry committee, discipline tribunal, appeal tribunal or Court of Appeal,

as the case may be, before being entitled to apply for reinstatement of

registration.

(3) Unless otherwise provided in the Act or this Regulation, an

investigated party whose registration was cancelled under

Part 5 or 6 of

the Act may not apply to the registration committee for reinstatement

within 2 years of the cancellation.

(4) An applicant for reinstatement referred to in subsection (2) must

(

a) comply with the requirements of this section;

(

b) provide in the form prescribed by the registrar evidence

satisfactory to the registrar of meeting the requirements of

section 2;

(

c) meet any education requirements specified by the registrar;

(

d) pay a reinstatement fee as provided by the resolutions;

(

e) satisfy any other terms or conditions specified by the

registrar.

(5) The registrar may order the reinstatement of a registration cancelled

under

Part 5 or 6 of the Act or a registration resigned under

section 75(2)

of the Act on such terms as the registrar may approve if all orders have

been complied with and any conditions set at the time of the cancellation

or resignation, as the case may be, have been met.

(6) Sections 32 to 34 of the Act apply to all applications for

reinstatement of registration after cancellation or resignation.

Division 5

Use of Titles, Abbreviations

and Initials

Certified general accountant

16(1) Subject to the rules of professional conduct, only a certified

general accountant or public accounting firm registered under

Part 3 of the

Act may use the names "Certified General Accountant", "Certified General

Accountants" or "computable g‚n‚ral accredit‚", "comptables g‚n‚ral

accr‚dit‚s", comptable g‚n‚ral licenci‚, or the initials "CGA".

(2) Only a certified general accountant registered under

Part 3 of the Act

who is authorized to do so by the Board may use the name "Fellow of the

Certified General Accountants" or "Fellow comptable agr‚‚s", "fellow de la

comptable g‚n‚ral accr‚dit‚", fellow de l'association de comptable g‚n‚raux

accr‚dite", "fellow de la comptable g‚n‚ral licenci‚", "fellow des

comptables g‚n‚raux accr‚dit‚s" or "fellow des comptables g‚n‚raux

licenci‚s" or the initials "FCGA".

(3) The registrar may authorize a person or firm registered under

section

50 of the Act to use the designation "Certified General Accountant" or

"CGA" in Alberta if such person or firm

(

a) provides satisfactory evidence to the registrar that such

person or firm is allowed to use the designation "Certified General

Accountant" by another affiliate,

(

b) completes an application in the form required by the by-laws,

and

(

c) pays the application fees specified by the Board.

(4) The registrar may set conditions on the use of the designation by

applicants whose applications are approved under subsection (3).

(5) To continue to use the designation authorized under subsection (3),

the person or firm must

(

a) provide to the registrar

(

i) an annual filing establishing continued compliance

with conditions referred to in subsection (4), and

(ii) immediate notification of any contravention of a

condition,

and

(

b) pay the annual fees prescribed by the Board.

Division 6

Professional Corporations

Continuance of registration as a professional corporation

17 For the purposes of

section 51(1)(

c) of the Act, registration as a

professional corporation continues in effect if the registrant provides to

the registrar, in a timely manner,

(

a) any changes to the information provided to the registrar

pursuant to

section 40 of the Act, and

(

b) on request of the registrar, evidence satisfactory to the

registrar of continued compliance with conditions imposed by the registrar

on the registration.

Division 7

Public Accounting Firms

Gross revenue threshold for registration of public accounting firms

18(1) For the purposes of

section 46(3)(

a) of the Act, a member of the

Association, a professional corporation or a partnership that provides the

services referred to in

section 1(oo)(iv) or (vi) of the Act is not

required to register as a public accounting firm if annual gross revenue

from those services is less than $10 000.

(2) A member of the Association, a professional corporation or a

partnership that provides the services referred to in

section 1(oo)(iv) or

(vi) of the Act and that has annual gross revenue from those services equal

to or greater than $10 000, but less than $20 000, may apply to the Board

or its delegate for an exemption from registration as a public accounting

firm.

Registration of certified general accountants as public accounting firms

19 For the purposes of

section 47(

e) of the Act, an applicant for

registration as a public accounting firm must provide to the registrar

(

a) the primary name under which the practice is conducted;

(

b) the legal name of the public accounting firm;

(

c) other names under which the practice is conducted;

(

d) the names of any related business or practice;

(

e) the firm's business address;

(

f) a listing of the principals, partners, directors or

shareholders of the firm;

(

g) a listing of the areas of professional practice the firm plans

to engage in;

(

h) for each area of public accounting practice that the firm plans

to engage in, satisfactory current evidence that a certified general

accountant with the firm meets any education and experience requirements

prescribed by the Board;

(

i) the name of any professional corporation related to or

affiliated with the firm.

Registration of other persons or firms as public accounting firms

20 For the purposes of

section 50(2) of the Act, if an applicant for

registration as a public accounting firm is registered with a provincial

affiliate or recognized accounting organization that the Board recognizes

as having substantially equivalent competence and practice requirements,

the applicant must provide to the registrar, in addition to all information

required of a public accounting firm under

section 47 of the Act and

section 19 of this Regulation, satisfactory evidence that

(

a) any person who is engaged in the applicant's public accounting

practice in Alberta

(

i) meets the requirements of

section 2, and

(ii) demonstrates to the registrar that such person has

maintained competence,

and

(

b) the applicant

(

i) has no outstanding complaints or discipline matters

with any professional organization with which the applicant is or has been

registered,

(ii) is registered in good standing with that provincial

affiliate or recognized accounting organization,

(iii) is permitted, through that provincial affiliate or

recognized accounting organization, to carry out a practice of public

accounting in that jurisdiction,

(iv) has successfully completed a recent review of

client files that is substantially equivalent to a practice review required

under

Part 4 of the Act, and

(

v) would be permitted by that provincial affiliate or

recognized accounting organization to carry out the scope of practice that

the applicant intends to carry out while registered under

section 50(2) of

the Act.

Continuance of registration as a public accounting firm

21 For the purposes of

section 51(1)(

c) of the Act, registration as a

public accounting firm continues in effect if the registrant provides to

the registrar, in a timely manner,

(

a) any changes to the information provided to the registrar

pursuant to

section 47 of the Act and sections 19 and 20 of this

Regulation, as applicable,

(

b) satisfactory evidence, on request by the registrar, that the

amount of professional liability insurance required under the regulations

and the by-laws is currently maintained, and

(

c) satisfactory evidence, on request by the registrar, of

continued compliance with conditions imposed on the registration by the

registrar.

Division 8

Limited Liability Partnerships

Limited liability partnerships

22(1) For the purpose of registration as an Alberta limited liability

partnership or an extra-provincial limited liability partnership under

Part

2.1 of the Partnership Act, the applicant must provide satisfactory

evidence to the registrar that the partnership carries professional

liability insurance in an amount not less than

(a) $1 000 000 per incident for partnerships with fewer than 5

certified general accountants or professional corporations engaged in the

partnership's practice, and

(b) $2 000 000 per incident for partnerships with 5 or more

certified general accountants or professional corporations engaged in the

partnership's practice.

(2) Notwithstanding subsection (1), a letter of credit, bond or other

protection against professional liability may be substituted for

professional liability insurance if it is

(

a) in an amount not less than the professional liability insurance

which would be required under subsection (1), and

(

b) in a form approved by, and otherwise acceptable to, the

registrar.

(3) A partnership referred to in subsection (1) must provide annually to

the registrar satisfactory evidence of continued compliance with subsection

(1) or (2).

Division 9

Professional Service Providers

Who must register

23 A certified general accountant or student who meets the requirements

section 48 of the Act must register as a professional service provider.

Information to be provided on registration

24 For the purpose of

section 49(

d) of the Act, an applicant for

registration as a professional service provider must provide to the

registrar

(

a) the primary name under which the professional service provider

practises,

(

b) the legal name of the entity under which the professional

service provider practises,

(

c) other names under which the practice is conducted,

(

d) the applicant's business address,

(

e) the applicant's areas of professional practice,

(

f) a plan, acceptable to the registrar, of how the applicant will

maintain client files, so that each client file will be separate and

accessible for practice review purposes, and

(

g) an undertaking, acceptable to the registrar, allowing the

Association access, for practice review purposes, to the working paper

files that evidence the work performed by the applicant.

Continuance of registration as a professional service provider

25 For the purposes of

section 51(1)(

c) of the Act, registration as a

professional service provider continues in effect if the registrant

provides to the registrar, in a timely manner,

(

a) any changes to the information provided to the registrar

pursuant to

section 49 of the Act and

section 24 of this Regulation,

(

b) satisfactory evidence, on request by the registrar, that the

amount of professional liability insurance required under the regulations

and the by-laws is currently maintained, and

(

c) satisfactory evidence, on request by the registrar, of

continued compliance with conditions imposed by the registrar.

Division 10

Categories of Registrants

Categories of registrants

26(1) The following categories of members of the Association are

established:

(

a) specialists who meet the requirements prescribed in the by-laws

and are approved by the registrar;

(

b) suspended members;

(

c) members engaged in a public accounting practice;

(

d) members who have conditions or restrictions placed on their

registration.

(2) The following categories of public accounting firms are established:

(

a) limited liability partnerships;

(

b) SRA auditors;

(

c) part-time firms;

(

d) suspended firms;

(

e) firms that have conditions or restrictions placed on their

registration or practice.

(3) The following categories of professional service providers are

established:

(

a) professional service providers that have conditions or

restrictions placed on their registration or practice;

(

b) suspended professional service providers.

(4) The following categories of students are established:

(

a) students who are professional service providers;

(

b) students who have conditions or restrictions placed on their

registration;

(

c) suspended students.

SRA auditors

27(1) Only a public accounting firm approved as an SRA auditor may perform

an audit or review engagement for entities that are required to file

financial statements or financial information with a securities regulatory

authority.

(2) The Board may establish additional education, experience and

professional liability insurance requirements to be met by an applicant for

approval as an SRA auditor.

(3) The registrar must approve a public accounting firm as an SRA auditor

if the applicant meets the requirements prescribed by the Board.

(4) If the applicant fails to meet the requirements established by the

Board, the Board may approve the application subject to conditions or

restrictions.

(5) Approval as an SRA auditor continues if the public accounting firm

provides to the registrar

(

a) an annual filing establishing continued compliance with

education, experience and professional liability insurance requirements and

any conditions or restrictions,

(

b) immediate notification

(

i) of any contravention of a condition or restriction,

(ii) that the firm is subject to a follow-up practice

review,

(iii) that the firm or any member at the firm has been

found guilty of contravening the provisions of any securities legislation,

(iv) that the firm or any member at the firm has been

discharged absolutely on conviction or after pleading guilty to

contravening the provisions of any securities legislation, or

(

v) that the firm or any member at the firm has reached

a settlement with a securities regulatory authority regarding contravention

of the provisions of any securities legislation,

and

(

c) the annual fees prescribed by the Board.

(6) The Board may place restrictions or conditions on a public accounting

firm's ability to practise as an SRA auditor if the firm does not meet the

education and experience requirements or is subject to a follow-up practice

review.

PART 2 PUBLIC INFORMATION

Maintenance of information

28 For the purposes of

section 26 of the Act, the Association must

maintain information about registrants and former registrants for the

following periods of time:

(

a) for at least 10 years for information respecting past

registration status, registration decisions on registrations that were

refused or conditions placed on registration or practice;

(

b) for at least 10 years for information under

section 28(1)(

c) to

(

f) of the Act;

(

c) for at least 5 years for information respecting practice

speciality, professional corporations and the principals, partners,

directors or shareholders of a public accounting firm;

(

d) for at least one year for any other relevant information

maintained in accordance with the Act, regulations or by-laws.

PART 3 PRACTICE REVIEW

Practice review

29 Public accounting firms and professional service providers that

provide any of the following services are subject to a practice review:

(

a) assurance engagements;

(

b) specified auditing procedures engagements;

(

c) compilation engagements.

PART 4 TRANSITIONAL PROVISIONS

Limitation on investigated parties

30 Any limitation placed on an investigated party under a former Act is

deemed to be equivalent to a restriction imposed under the Act.

PART 5 MISCELLANEOUS

Electronic information

31 Where the Act, this Regulation, a by-law or a resolution requires

(

a) information to be published, the publication may be in either

printed or electronic form, or

(

b) information to be submitted in writing, the registrar may

accept the submission in electronic form.

Repeal

32 The General Regulation (AR 158/88) is repealed.

------------------------------

Alberta Regulation 177/2001

Regulated Accounting Profession Act

CERTIFIED MANAGEMENT ACCOUNTANTS REGULATION

Filed: September 13, 2001

Made by the Lieutenant Governor in Council (O.C. 370/2001) on September 13,

2001 pursuant to

section 14 of the Regulated Accounting Profession Act.

Definitions 1

Part 1

Registration

Division 1

General Registration

Evidence provided on registration 2

Deadline for application as a certified management accountant 3

Division 2

Candidates and Executive Candidates

Application requirements 4

Continuance of registration 5

Cancellation of student registration 6

Division 3

Registration of and Requirements

for Certified Management Accountants

Requirements for registration by student applicants 7

Academic requirements 8

Experience requirements 9

CMAs from provincial society 10

Other evidence of competence 11

Registration under

section 35(2)(c) 12

Continuance of registration as a member 13

Post-designation learning 14

Reporting 15

Division 4

Reinstatement of Registration

Applications for reinstatement of registration 16

Division 5

Use of Titles, Abbreviations and Initials

Certified management accountant 17

Division 6

Professional Corporations

Continuance of registration as a professional corporation 18

Division 7

Public Accounting Firms

Gross revenue threshold for registration of public

accounting firms 19

Registration of certified management accountants as public

accounting firms 20

Continuance of registration as a public accounting firm 21

Division 8

Limited Liability Partnerships

Limited liability partnerships 22

Division 9

Professional Service Providers

Who must register 23

Professional services for purposes of sections 48(1)(

a) and

49(

a) of the Act 24

Information to be provided on registration 25

Continuance of registration as a professional service provider 26

Division 10

Categories of Registrants

Categories of registrants 27

SRA auditors 28

Part 2

Public Information

Maintenance of information 29

Part 3

Practice Review

Practice review 30

Part 4

Transitional Provisions and Repeals

Limitation on investigated parties 31

Repeal 32

Definitions

1(1) In this Regulation,

(a) "Act" means the Regulated Accounting Profession Act;

(b) "Board" means the Board of Directors of the CMAA;

who has complied with

section 4(1);

(d) "CMA Canada" means the Board of Directors of the Society of

Management Accountants of Canada;

(e) "CMA entrance examination" means the examination as prescribed

that assesses knowledge of the syllabus;

(f) "executive candidate" means a student who has complied with

section 4(2);

(g) "incident" means any alleged occurrence, error, omission or act

in rendering or failing to render professional services that any reasonable

person would expect to give rise to a claim for negligence;

(h) "prescribed" means prescribed by the Board;

(i) "provincial society" means a society, order or other

association of certified management accountants incorporated in a territory

or province of Canada other than Alberta;

(j) "SLP" means the Strategic Leadership Program as prescribed that

constitutes the academic and work experience requirements for admission as

a member;

(k) "SRA auditor" means a securities regulatory authority auditor;

(l) "syllabus" means the program of study as prescribed that is

required for the CMA entrance examination and includes the following areas:

(

i) management accounting;

(ii) financial accounting;

(iii) process of management;

(iv) computer systems;

(

v) quantitative methods;

(vi) legal dimensions of accounting;

(vii) international business;

(viii) marketing;

(ix) operations management.

(2) The terms defined in

section 1 and

Schedule 3 of the Act have the same

meaning in this Regulation.

PART 1 REGISTRATION

Division 1

General Registration

Evidence provided on registration

2(1) Each applicant for registration as a candidate, executive candidate

or member of the CMAA must provide satisfactory evidence to the registrar

(

a) being a Canadian citizen or a person lawfully permitted to work

or study in Canada, and

(

b) having a good character and reputation.

(2) In determining whether an applicant is of good character and

reputation, the registrar must consider whether the applicant

(

a) has had a finding of unprofessional conduct or similar finding

made against the applicant by any professional organization, and any orders

made in consequence,

(

b) has any outstanding complaints or discipline matters with any

professional organization with which the applicant is or has been

registered,

(

c) has been convicted of a criminal offence in any jurisdiction,

(

d) has any outstanding charges under the securities regulatory law

or the criminal law of any jurisdiction,

(

e) has been convicted of contravening the securities regulatory

legislation of any jurisdiction,

(

f) has been subject to any of the bankruptcy or insolvency

provisions under the Bankruptcy and Insolvency Act (Canada) or any similar

legislation of any other jurisdiction, and

(

g) has been found guilty of a breach of a code of conduct or an

academic infraction at any post secondary education institution.

(3) In addition to the matters referred to in subsections (1) and (2), the

registrar must consider

(

a) any character references,

(

b) information on steps taken to overcome and evidence that the

applicant has overcome the competence or ethical issues related to

subsections (1) and (2), and

(

c) any mitigating factors provided by the applicant.

Deadline for application as a certified management accountant

3(1) A candidate must apply for registration as a certified management

accountant within 5 years of the date of passing the CMA entrance

examination.

(2) An executive candidate must apply for registration as a certified

management accountant within 3 years of the date of admission as an

executive candidate.

(3) If an application for registration as a certified management

accountant is made outside the time period prescribed in subsection (1) or

(2), the registrar may consider the application and determine what

additional requirements, if any, are to be met for approval of the

application.

Division 2

Candidates and Executive Candidates

Application requirements

4(1) An applicant for registration as a candidate must provide

satisfactory evidence to the registrar of having

(

a) completed the syllabus,

(

b) received a degree granted by a post-secondary institution as

prescribed, and

(

c) completed the CMA entrance examination and met the grade

requirements as prescribed.

(2) An applicant for registration as an executive candidate must provide

satisfactory evidence to the registrar of having

(

a) received a degree granted by a post secondary institution, as

prescribed,

(

b) at least 5 years' experience in a senior financial and

strategic management position authorized by the registrar, and

(

c) completed the syllabus or another course of study as

prescribed.

(3) An applicant under subsection (1) must apply for registration as a

candidate within 2 years of complying with subsection (1)(c).

(4) An applicant under subsection (2) must apply for registration as an

executive candidate within 6 months of complying with or being exempted

from subsection (2)(c).

(5) If an application for registration is made outside the time period

referred to in subsection (3) or (4), the registrar may consider the

application and determine what additional requirements, if any, are to be

met for approval of the application.

Continuance of registration

5(1) For the purposes of

section 51(1)(

a) of the Act, registration as a

student continues in effect if the student

(

a) achieves the minimum grade requirement in the SLP as

prescribed, and

(

b) holds a full-time position approved by the registrar.

(2) For the purposes of

section 51(1)(

c) of the Act, registration as a

student continues in effect if the student provides to the registrar,

within the time specified by the registrar,

(

a) any changes to the information required to be provided to the

registrar under the Act, this Regulation and the by-laws, and

(

b) on request of the registrar, satisfactory evidence of continued

compliance with conditions imposed by the registrar.

Cancellation of student registration

6 A student's registration will be cancelled if the student is no longer

eligible to become a member of the CMAA under this Regulation.

Division 3

Registration of and Requirements

for Certified Management Accountants

Requirements for registration by student applicants

7(1) An application for registration as a member of the CMAA by a

candidate must be accompanied by evidence satisfactory to the registrar

that the applicant has met the requirements under sections 8 and 9(1).

(2) An application for registration as a member of the CMAA by an

executive candidate must be accompanied by evidence satisfactory to the

registrar that the applicant has meet the requirements under sections 8 and

9(2).

Academic requirements

8 For purposes of

section 7, the academic requirements of the SLP consist

of meeting the grade or performance requirements as prescribed on courses

and examinations in the following areas:

(

a) strategy;

(

b) management accounting;

(

c) operations;

(

d) finance;

(

e) management;

(

f) organizational behaviour;

(

g) marketing;

(

h) information technology.

Experience requirements

9(1) An applicant under

section 7(1) requires a total of 24 months of

experience in a full-time position approved by the registrar, accumulated

during the applicant's enrolment in the SLP.

(2) An applicant under

section 7(2) requires

(

a) a total of 5 years of experience in a full-time position

approved by the registrar, accumulated in the period specified by the

registrar prior to entry in the SLP, and

(

b) continued experience in a full-time position approved by the

registrar accumulated during the applicant's enrolment in the SLP.

(3) The Board must establish the nature of experience required under

subsections (1) and (2).

(4) The registrar may recognize other relevant experience for the purposes

of subsections (1) and (2).

CMAs from provincial society

10(1) For the purposes of

section 35(2)(

b) of the Act, if an applicant for

registration as a certified management accountant is registered by a

provincial society as a certified management accountant, the applicant must

provide satisfactory evidence to the registrar that the applicant has met

the competence requirements referred to in

section 35(1)(

a) of the Act by

providing evidence that the applicant

(

a) is registered in good standing with that provincial society,

and

(

b) meets the good character and reputation requirements referred

to in

section 2.

(2) An applicant who does not meet the requirements of subsection (1) may

not be registered until the applicant meets those requirements.

Other evidence of competence

11 An applicant who does not meet the requirements of

section 7 or 10, as

the case may be, may provide evidence of competence for the purposes of

section 35(1)(

a) of the Act in accordance with

section 12.

Registration under

section 35(2)(c)

12(1) An applicant may provide evidence of competence to satisfy the

registrar under

section 35(2)(

c) of the Act by providing to the registrar

satisfactory evidence of

(

a) grades and performance achieved in academic, educational and

other relevant studies substantially equivalent to those required to

demonstrate a thorough knowledge of the syllabus,

(

b) a minimum of 5 years' experience in a senior level position

that demonstrates leadership in financial and strategic management as

prescribed, and

(

c) completion of any courses or examinations with the required

grades as prescribed.

(2) For the purposes of subsection (1), the evidence must be presented in

writing and may be supplemented by personal representations from the

applicant or from other individuals, at the request of the applicant or

registrar.

Continuance of registration as a member

13 For the purposes of

section 51(1)(

c) of the Act, registration as a

certified management accountant continues in effect if the registrant

provides to the registrar, within the time prescribed by the registrar,

(

a) any changes to the information required to be provided to the

registrar under the Act, this Regulation and the by-laws,

(

b) the report required under

section 15, and

(

c) on request of the registrar, evidence satisfactory to the

registrar of continued compliance with conditions imposed by the registrar.

Post-designa-tion learning

14(1) For the purpose of this section,

(a) "formal education" includes actively pursuing a degree,

designation or diploma from a recognized post-secondary institution, as

prescribed;

(b) "informal education" includes any other form of learning

activity recognized by the registrar as informal education;

education, or a combination of both, as prescribed that contributes to

continued competency and effectiveness of members of the CMAA as financial

and strategic management professionals.

(2) Each certified management accountant must complete post-designation

learning within the time period prescribed.

(3) The registrar may grant an exemption from the post-designation

learning requirements imposed pursuant to subsection (2).

Reporting

15 Each member of the CMAA must

(

a) submit annually, on or before the date set out in the by-laws,

a report in the form specified by the registrar that includes

(

i) a declaration that the member has complied with

section 14 and the particulars of compliance, or

(ii) a declaration that

section 14 does not apply to the

member, if an exemption has been granted pursuant to

section 14(3),

and

(

b) keep an annual record of the member's post-designation learning

for 5 years, completed in accordance with

section 14 and, on request,

provide to the registrar or its designate the record and supporting

documentation of post-designation learning completed.

Division 4

Reinstatement of Registration

Applications for reinstatement of registration

16(1) An applicant whose resignation was accepted under

section 75(2) of

the Act or the predecessor Act or whose registration was cancelled under

Part 5 or 6 of the Act or the predecessor Act must comply with all orders

or any conditions specified in connection with the resignation or

cancellation, before being entitled to apply for reinstatement of

registration.

(2) Unless otherwise provided in the Act or this Regulation, an

investigated party whose registration was cancelled under

Part 5 or 6 of

the Act or the predecessor Act may not apply to the registrar for

reinstatement within 2 years of the cancellation.

(3) An applicant for reinstatement referred to in subsection (1) must

(

a) comply with the requirements of this section;

(

b) provide satisfactory evidence to the registrar of meeting the

requirements of

section 2;

(

c) meet any education requirements specified by the registrar;

(

d) pay a reinstatement fee as provided by the resolutions;

(

e) satisfy any other terms or conditions specified by the

registrar.

necessary, reinstate the registration of an applicant under subsection

(1) if all orders have been complied with and all conditions set at the time of

the cancellation or resignation, as the case may be, have been met.

(5) Sections 32 to 34 of the Act apply to all applications for

reinstatement of registration after cancellation or resignation.

Division 5

Use of Titles, Abbreviations

and Initials

Certified management accountant

17(1) Subject to the rules of professional conduct, only a certified

management accountant or public accounting firm registered under

Part 3 of

the Act may use the names "Certified Management Accountant" or "comptable

en management accr‚dit‚s" or the initials "CMA".

(2) Only a certified management accountant registered under

Part 3 of the

Act who has been elected as a Fellow of the Certified Management

Accountants by CMA Canada may use the name "Fellow of the Certified

Management Accountants" or "Fellow comptable management accr‚dit‚s" or the

initials "FCMA".

Division 6

Professional Corporations

Continuance of registration as a professional corporation

18 For the purposes of

section 51(1)(

c) of the Act, registration as a

professional corporation continues in effect if the registrant provides to

the registrar, within the time specified by the registrar,

(

a) any changes to the information provided to the registrar

pursuant to

section 40 of the Act, and

(

b) on request of the registrar, evidence satisfactory to the

registrar of continued compliance with conditions imposed by the registrar

on the registration.

Division 7

Public Accounting Firms

Gross revenue threshold for registration of public accounting firms

19(1) For the purposes of

section 46(3) of the Act, a member of the CMAA,

professional corporation or a partnership that provides the services

referred to in

section 1(oo)(iv) or (vi) of the Act is not required to

services is less than $10 000.

(2) A member of the CMAA, professional corporation or partnership that

provides the services referred to in

section 1(oo)(iv) or (vi) of the Act

and that has annual gross revenue from those services equal to or greater

than $10 000, but less than $20 000, may apply to the Board or its delegate

for an exemption from registration as a public accounting firm.

Registration of certified management accountants as public accounting firms

20 For the purposes of

section 47(

e) of the Act, an applicant for

registration as a public accounting firm must provide to the registrar

(

a) the primary name under which the practice is conducted;

(

b) the legal name of the public accounting firm;

(

c) other names under which the practice is conducted;

(

d) the names of any related business or practice;

(

e) the firm's business address;

(

f) a listing of the principals, partners, directors, officers and

shareholders of the firm;

(

g) a listing of the areas of public accounting practice the firm

plans to engage in;

(

h) for each area of public accounting practice that the firm plans

to engage in, satisfactory current evidence that a certified management

accountant with the firm meets any education and experience requirements

specified by the practice review committee;

(

i) the name of any professional corporation related to or

affiliated with the firm.

Continuance of registration as a public accounting firm

21 For the purposes of

section 51(1)(

c) of the Act, registration as a

public accounting firm continues in effect if the registrant provides to

the registrar, within the time specified by the registrar,

(

a) any changes to the information provided to the registrar

pursuant to

section 47 of the Act and

section 20, as applicable,

(

b) satisfactory evidence, on request by the registrar, that the

amount of professional liability insurance required under this Regulation

and the by-laws is currently maintained, and

(

c) satisfactory evidence, on request by the registrar, of

continued compliance with conditions imposed on the registration by the

registrar.

Division 8

Limited Liability Partnerships

Limited liability partnerships

22(1) For the purpose of registration as an Alberta limited liability

partnership or an extra-provincial limited liability partnership under

Part

2.1 of the Partnership Act, the applicant must provide satisfactory

evidence to the registrar that the partnership carries professional

liability insurance in an amount not less than

(a) $1 000 000 per incident for partnerships with fewer than 5

certified management accountants or professional corporations engaged in

the partnership's practice, and

(b) $2 000 000 per incident for partnerships with 5 or more

certified management accountants or professional corporations engaged in

the partnership's practice.

(2) Notwithstanding subsection (1), a letter of credit, bond or other

protection against professional liability may be substituted for

professional liability insurance if it is

(

a) in an amount not less than the professional liability insurance

that would be required under subsection (1), and

(

b) in a form approved by, and otherwise acceptable to, the

registrar.

(3) A partnership referred to in subsection (1) must provide annually to

the registrar satisfactory evidence of continued compliance with subsection

(1) or (2).

Division 9

Professional Service Providers

Who must register

23 A person who meets the requirements of

section 48 of the Act must

(

a) a certified management accountant, or

(

b) a student who is approved by the registrar to practise as a

professional service provider.

Professional services for purposes of s48(1)(

a) and 49(

a) of the Act

24 For the purposes of sections 48(1)(

a) and 49(

a) of the Act, the

professional services are

(

a) acting as a trustee in bankruptcy, a liquidator, a receiver, a

receiver-manager or acting in any other aspect of insolvency practice, or

(

b) public practice as a business valuator.

Information to be provided on registration

25 For the purpose of

section 49(

d) of the Act, an applicant for

registration as a professional service provider must provide to the

registrar

(

a) the primary name under which the professional service provider

practises,

(

b) the legal name of the entity under which the professional

service provider practises,

(

c) other names under which the practice is conducted,

(

d) the applicant's business address,

(

e) the applicant's areas of professional practice,

(

f) a plan, acceptable to the registrar, of how the applicant will

maintain client files, so that each client file will be separate and

accessible for practice review purposes, and

(

g) an undertaking, acceptable to the registrar, allowing the CMAA

access, for practice review purposes, to the working paper files that

evidence the work performed by the applicant.

Continuance of registration as a professional service provider

26 For the purpose of

section 51(1)(

c) of the Act, registration as a

professional service provider continues in effect if the registrant

provides to the registrar, within the time prescribed by the registrar,

(

a) any changes to the information provided to the registrar

pursuant to

section 49 of the Act and

section 25,

(

b) satisfactory evidence, on request by the registrar, that the

amount of professional liability insurance required under this Regulation

and the by-laws is currently maintained, and

(

c) satisfactory evidence, on request by the registrar, of

continued compliance with conditions imposed by the registrar.

Division 10

Categories of Registrants

Categories of registrants

27(1) The following categories of members of the CMAA are established:

(

a) specialists who are approved by the registrar;

(

b) suspended members;

(

c) members engaged in a public accounting practice;

(

d) members engaged in the professional services set out in

section

24;

(

e) members who have conditions or restrictions placed on their

registration.

(2) The following categories of public accounting firms are established:

(

a) limited liability partnerships;

(

b) SRA auditors;

(

c) suspended firms;

(

d) firms that have conditions or restrictions placed on their

registration or practice.

(3) The following categories of professional service providers are

established:

(

a) professional service providers that have conditions or

restrictions placed on their registration or practice;

(

b) suspended professional service providers.

(4) The following categories of students are established:

(

a) executive candidates;

(

b) candidates;

(

c) students who have conditions or restrictions placed on their

registration;

(

d) suspended students.

(5) The fees, dues and levies payable by categories of members of the

CMAA, public accounting firms, professional service providers and students

may vary from category to category, as determined by resolution.

SRA auditors

28(1) Only a public accounting firm that receives an approval from the

practice review committee to practise as an SRA auditor may perform an

audit or review engagement for entities that are required to file financial

statements or financial information with a securities regulatory authority.

(2) The Board may establish additional education, experience and

professional liability insurance requirements to be met by an applicant for

approval as an SRA auditor.

(3) The practice review committee must approve a public accounting firm as

an SRA auditor if the applicant meets the requirements as prescribed.

(4) If the applicant fails to meet the requirements as prescribed, the

practice review committee may approve the application subject to conditions

or restrictions.

(5) Approval as an SRA auditor continues if the public accounting firm

provides to the registrar

(

a) an annual filing establishing continued compliance with

education, experience and professional liability insurance requirements and

any conditions or restrictions, as prescribed,

(

b) notification within the time specified by the registrar

(

i) of any contravention of a condition or restriction,

(ii) that the firm is subject to a follow-up practice

review,

(iii) that the firm or any member of the firm has been

found guilty of contravening the provisions of any securities legislation,

(iv) that the firm or any member of the firm has been

discharged absolutely on conviction or after pleading guilty to

contravening the provisions of any securities legislation, or

(

v) that the firm or any member of the firm has reached

a settlement with a securities regulatory authority regarding contravention

of the provisions of any securities legislation,

and

(

c) the annual fees prescribed by the Board.

(6) Approval as an SRA auditor automatically terminates if the

registration of the public accounting firm is suspended or cancelled.

(7) The practice review committee may, in order to protect the public

interest, place restrictions or conditions on a public accounting firm's

ability to practise as an SRA auditor if the firm does not meet the

education and experience requirements or is subject to a follow-up practice

review.

PART 2 PUBLIC INFORMATION

Maintenance of information

29 For the purposes of

section 26 of the Act, the CMAA must maintain the

information about registrants and former registrants for the following

periods of time:

(

a) for at least 10 years for information respecting past

registration status, registration decisions on registrations that were

refused or conditions placed on registration or practice;

(

b) for at least 10 years for information under

section 28(1)(

c) to

(

f) of the Act;

(

c) for at least 5 years for information respecting practice

specialty, professional corporations and the principals, partners,

directors or shareholders of a public accounting firm;

(

d) for at least one year for any other relevant information

maintained in accordance with the Act, regulations or by-laws.

PART 3 PRACTICE REVIEW

Practice review

30 Public accounting firms and professional service providers that

provide any of the following services are subject to practice review:

(

a) assurance engagements;

(

b) specified auditing procedures engagements;

(

c) compilation engagements.

PART 4 TRANSITIONAL PROVISIONS AND REPEALS

Limitation on investigated parties

31 Any limitation placed on an investigated party under a former Act is

deemed to be equivalent to a restriction imposed under the Act.

Repeal

32 The General Regulation (AR 159/88) is repealed.

------------------------------

Alberta Regulation 178/2001

Regulated Accounting Profession Act

CHARTERED ACCOUNTANTS REGULATION

Filed: September 13, 2001

Made by the Lieutenant Governor in Council (O.C. 371/2001) on September 13,

2001 pursuant to

section 14 of the Regulated Accounting Profession Act.

Definitions 1

Part 1

Registration

Division 1

Students and Members: General Registration

Evidence provided on registration 2

Deadline for application as a chartered accountant 3

Division 2

Registration of Students

Degree holders 4

Certified management accountant or certified general accountant 5

Currently enrolled in post-secondary school 6

All others 7

Continuance of registration 8

Failure to meet grade/performance requirements 9

Division 3

Registration of Members

Applicants not registered in another jurisdiction 10

Academic requirements 11

Experience requirements 12

Chartered accountants from a provincial institute 13

Applicants with recognized accounting designations 14

Applicants without recognized accounting designations 15

Other evidence of competence 16

Registration under

section 35(2)(c) 17

Continuance of registration as a member 18

Continuing education requirements 19

Continuing education report 20

Division 4

Reinstatement

Reinstatement of registration 21

Division 5

Use of Titles, Abbreviations and Initials

Chartered accountant 22

Certified public accountant 23

Division 6

Professional Corporations

Continuance of registration as a professional corporation 24

Division 7

Public Accounting Firms

Gross revenue threshold for registration of public

accounting firms 25

Registration of chartered accountants as public

accounting firms 26

Registration of other persons or firms as public

accounting firms 27

Continuance of registration as a public accounting firm 28

Division 8

Limited Liability Partnerships

Limited liability partnerships 29

Division 9

Professional Service Providers

Who must register 30

Professional services for purposes of sections 48(1)(

a) and

49(

a) of the Act 31

Information to be provided on registration 32

Continuance of registration as a professional service provider 33

Division 10

Categories of Registrants

Categories of registrants 34

SRA auditors 35

Training offices 36

Part 2

Public Information

Maintenance of information 37

Part 3

Practice Review

Practice review 38

Part 4

Transitional Provisions and Repeals

Limitation on investigated parties 39

Repeals 40

Definitions

1(1) In this Regulation,

(a) "Act" means the Regulated Accounting Profession Act;

(b) "Alberta university" means a university established under the

Universities Act;

by the Council;

(d) "Council" means the Council of the Institute;

(e) "foreign accounting organization" means a professional

accounting organization in a country other than Canada having objects

similar to the objects of the Institute and that grants a professional

accounting designation;

(f) "graduate management admission test" means the graduate

management admission test administered by the Education Testing Service in

the United States of America or a substantially equivalent examination that

may be administered by another body approved by the Council;

(g) "incident" means any alleged occurrence, error, omission or

negligent act in rendering or failing to render professional services which

any reasonable person would expect to give rise to a claim;

(h) "Institute" means the Institute of Chartered Accountants of

Alberta;

(i) "IQAB" means the International Qualifications Appraisal Board

recognized by the Canadian Institute of Chartered Accountants and the

Council;

(j) "national qualifying examination" means a national qualifying

examination recognized by the Canadian Institute of Chartered Accountants

and the Council;

(k) "national reciprocity examination" means a national reciprocity

examination recognized by the Canadian Institute of Chartered Accountants

and the Council;

(l) "provincial institute" means an institute or order of chartered

accountants incorporated in a territory or province of Canada other than

Alberta;

(m) "recognized accounting designation" means an accounting

designation

(

i) recognized by the Council, and

(ii) granted by a foreign accounting organization that

has substantially equivalent competence and practice requirements

recognized by the Council based on an IQAB recommendation or a mutual

recognition agreement;

(n) "SRA auditor" means a securities regulatory authority auditor;

(o) "training office" means a public accounting firm or other

entity approved by the registration committee that meets the requirements

section 36.

(2) The terms defined in

section 1 and

Schedule 1 of the Act have the same

meaning in this Regulation.

PART 1 REGISTRATION

Division 1

Students and Members: General Registration

Evidence provided on registration

2(1) Each applicant for registration as a student or member of the

Institute must provide satisfactory evidence to the registrar of

(

a) being a Canadian citizen or a person lawfully permitted to work

or study in Canada, and

(

b) having a good character and reputation.

(2) In determining whether an applicant is of good character and

reputation, the registration committee must consider whether the applicant

(

a) has had a finding of unprofessional conduct or similar finding

made against the applicant by any professional organization, and any orders

made in consequence,

(

b) has any outstanding complaints or discipline matters with any

professional organization with which the applicant is or has been

registered,

(

c) has been convicted of a criminal offence in any country,

(

d) has any outstanding charges under the criminal law of any

country,

(

e) has been found guilty of contravening a

section of securities

regulatory legislation,

(

f) has been subject to any of the provisions of the Bankruptcy and

Insolvency Act (Canada), and

(

g) has been found guilty of a breach of a code of conduct or an

academic infraction at any post-secondary education institution.

(3) In addition to the matters referred to in subsections (1) and (2), the

registration committee must consider

(

a) any character references,

(

b) information on steps taken to overcome and evidence that the

applicant has overcome the competence or ethical issues related to

subsection (1) or (2), and

(

c) any mitigating factors provided by the applicant.

Deadline for application as a chartered accountant

3(1) An application for registration as a chartered accountant, except an

application made under

section 13, must be made within 12 months of the

date on which the applicant has satisfied the requirements of

section 10,

14 or 15, as the case may be.

(2) If an application for registration as a chartered accountant is made

outside the time period prescribed in subsection (1), the registration

committee may consider the application and determine what additional

requirements, if any, are to be met for approval of the application.

Division 2

Registration of Students

Degree holders

4 If the applicant for registration as a student is a university

graduate, the applicant must provide satisfactory evidence to the registrar

of having

(

a) a baccalaureate degree from an Alberta university or a degree

assessed by a body approved by the Council as equivalent to an Alberta

university degree or that would be sufficient to permit enrolment for

graduate studies at an Alberta university, and

(

b) met the grade requirement prescribed by CASB on the Alberta

university or substantially equivalent courses prescribed by CASB in the

areas listed in

section 11 or obtained the grade prescribed by CASB on the

graduate management admission test.

Certified management accountant or certified general accountant

5 If the applicant for registration as a student is registered in Canada

as a certified management accountant or a certified general accountant, the

applicant must provide satisfactory evidence to the registrar that the

registration is in good standing.

Currently enrolled in post - secondary school

6 If the applicant for registration as a student is enrolled in a

post-secondary program of studies to complete the Alberta university or

substantially equivalent courses prescribed by CASB in the areas listed in

section 11, the applicant must provide satisfactory evidence to the

registrar of

(

a) enrolment in the post-secondary institution, and

(

b) having met the grade requirement prescribed by CASB for the

courses completed or having met the grade prescribed by CASB on the

graduate management admission test.

All others

7 If the applicant is other than a person described in

section 4, 5 or 6,

the applicant must provide satisfactory evidence to the registrar of having

(

a) a high school diploma or a diploma that is substantially

equivalent to a high school diploma,

(

b) at least

(i) 5 years of relevant business experience, or

(ii) a combination of a minimum of 2 years relevant

business experience and up to 3 years post-secondary education,

and

(

c) met the grade requirement prescribed by CASB on the graduate

management admission test.

Continuance of registration

8(1) For the purpose of

section 51(1)(

a) of the Act, registration as a

student continues in effect if the registrant

(

a) is employed by a training office, or

(

b) has completed the experience requirements set out in

section

(2) Notwithstanding subsection (1)(a), a student may be without training

office employment for a period not exceeding 6 continuous months or any

other period approved by CASB or the registration committee.

(3) For the purposes of

section 51(1)(

c) of the Act, registration as a

student continues in effect if the registrant provides to the registrar, in

a timely manner,

(

a) any changes to the information required to be provided to the

registrar under the Act, this Regulation and the by-laws, and

(

b) on request of the registrar, satisfactory evidence of continued

compliance with conditions imposed by the registration committee.

(4) Registration as a student under

section 6 continues in effect if the

registrant provides to the registrar satisfactory evidence of

(

a) annual enrolment in a post-secondary institution, for no more

than 5 years, or

(

b) having met the requirements of

section 4, 5, or 7.

Failure to meet grade/perfor-mance requirements

9 A student's registration will be cancelled if the student fails to meet

the grade or performance requirements on courses and examinations

prescribed by CASB or the Council within the number of attempts determined

by CASB or the Council.

Division 3

Registration of Members

Applicants not registered in another jurisdiction

10 An application for registration as a member of the Institute by a

student who is not registered as a member by another provincial institute

or foreign accounting organization must be accompanied by evidence

satisfactory to the registrar that the following requirements have been

met:

(

a) the academic requirements under

section 11;

(

b) the grade or performance requirements prescribed by CASB or the

Council on a national qualifying examination;

(

c) the experience requirements under

section 12.

Academic requirements

11 For purposes of

section 10(a), the academic requirements consist of

meeting the grade or performance requirements prescribed by CASB or the

Council on courses and examinations prescribed by CASB or the Council in

the following areas:

(

a) financial accounting, cost accounting and performance

measurement;

(

b) assurance and professional practice;

(

c) taxation;

(

d) finance;

(

e) information systems;

(

f) business, ethics and management.

Experience requirements

12(1) The experience required for the purposes of

section 10(

c) is a

period of 36 months with a training office.

(2) The Council must establish the nature of student experience required

with a training office in order to provide practical application of the

competencies necessary to be a chartered accountant.

(3) The registration committee may recognize relevant experience obtained

while not employed with a training office.

Chartered accountants from a provincial institute

13 For the purposes of

section 35(2)(

b) of the Act, if the applicant for

registration as a member of the Institute is registered by a provincial

institute as a chartered accountant, the applicant must provide

satisfactory evidence to the registrar that the applicant has met the

competence requirements referred to in

section 35(1)(

a) of the Act by

providing evidence that the applicant is registered in good standing with

that provincial institute and

(

a) has met the grade or performance requirements prescribed by

CASB or the Council on a national qualifying examination, or

(

b) is or was registered in good standing with a foreign accounting

organization that the Council recognizes, based on an IQAB recommendation

or through a mutual recognition agreement, as having substantially

equivalent competence and practice requirements and has met the grade or

performance requirements prescribed by CASB or the Council on a national

reciprocity examination.

Applicants with recognized accounting designations

14 For the purposes of

section 35(2)(

b) of the Act, if an applicant for

registration as a member of the Institute holds a recognized accounting

designation, the applicant must provide satisfactory evidence to the

registrar that the applicant has met the competence requirements referred

to in

section 35(1)(

a) of the Act by providing evidence that the applicant

(

a) is registered in good standing with the foreign accounting

organization that granted the designation,

(

b) was engaged in the accounting profession in the jurisdiction in

which that foreign accounting organization is located for a 2-year period,

or a lesser period that the registration committee may approve, immediately

preceding the applicant's receipt of the recognized accounting designation,

and

(

c) has met the grade or performance requirements prescribed by

CASB or the Council on a national reciprocity examination.

Applicants without recognized accounting designations

15 For the purposes of

section 35(2)(

c) of the Act, if an applicant for

registration as a member of the Institute is registered with a foreign

accounting organization but does not hold a recognized accounting

designation, the applicant must provide satisfactory evidence to the

registrar that the applicant has met the competence requirements referred

to in

section 35(1)(

a) of the Act by providing evidence that the applicant

(

a) is registered in good standing with that foreign accounting

organization,

(

b) has met academic requirements substantially equivalent to those

required under

section 11,

(

c) has met the grade or performance requirements prescribed by

CASB or the Council on a national qualifying examination, and

(

d) has met experience requirements substantially equivalent to

those required under

section 12.

Other evidence of competence

16 An applicant who does not meet the requirements under

section 13, 14

or 15, as the case may be, may provide evidence of competence for the

purposes of

section 35(1)(

a) of the Act in accordance with

section 17, and

must be registered as a student until the requirements are met.

Registration under

section 35(2)(c)

17(1) An applicant may provide evidence of competence to satisfy the

registration committee under

section 35(2)(

c) of the Act, by providing to

the registration committee satisfactory evidence of

(

a) grades and performance achieved in academic, educational and

other relevant studies,

(

b) relevant employment, and public accounting practice or

substantially equivalent experience, including documentation and examples

of relevant accomplishments and abilities,

(

c) membership in good standing with organizations relevant to the

accounting profession, the regulated standards and requirements of such

organizations and activities completed in such organizations,

(

d) relevant professional development activities completed,

(

e) other relevant qualifications, accomplishments, abilities and

competencies, and

(

f) areas of employment or practice within which the applicant

intends to be professionally active.

(2) For purposes of subsection (1), the evidence must be presented in

writing and may be supplemented by personal representations from the

applicant or from other individuals, at the request of the applicant or

registrar.

(3) For the purposes of assessing public accounting practice experience

where the applicant intends to engage in a public accounting practice, a

review of client files that is substantially equivalent to a practice

review required under

Part 4 of the Act must be completed.

(4) For purposes of assessing the evidence provided under subsection (1),

the registration committee may direct that the applicant satisfactorily

demonstrate certain abilities and competencies through an oral or practical

simulation examination.

Continuance of registration as a member

18 For the purposes of

section 51(1)(

c) of the Act, registration as a

member of the Institute continues in effect if the registrant provides to

the registrar, in a timely manner,

(

a) any changes to the information required to be provided to the

registrar under the Act, this Regulation and the by-laws,

(

b) the report on continuing education required under

section 20,

and

(

c) on request of the registrar, evidence satisfactory to the

registrar of continued compliance with conditions imposed by the

registration committee.

Continuing education requirements

19(1) For the purposes of this section,

(a) "formal education" includes

(

i) presentation or completion of courses and seminars

offered by entities recognized by the registration committee, and

(ii) any other form of educational activity recognized

by the registration committee as formal education;

(b) "informal education" includes

(

i) private reading, study or research,

(ii) preparation for lectures or courses,

(iii) preparation of published articles or papers, and

(iv) any other form of educational activity recognized

by the registration committee as informal education.

(2) Each member of the Institute who

(

a) earns employment or business income in an amount equal to or

greater than the amount set by the Council from time to time for the

purposes of this section,

(

b) resides

(

i) in Alberta, or

(ii) outside Alberta and is not a member of a provincial

institute or foreign accounting organization recognized by the Council,

and

(

c) has not been granted an exemption by the registration committee

from the continuing education requirements imposed by this

section

must complete the minimum number of hours of relevant continuing education

described in this section.

(3) A member of the Institute must complete the number of hours prescribed

by the Council in the period of time prescribed by the Council or such

additional time as is granted by the registration committee.

(4) The hours referred to in subsection (3) must include the minimum

number of hours of formal education as is prescribed by the Council.

(5) For the purposes of subsections (3) and (4), the registration

committee may recognize as continuing education any formal education or

informal education that, in its opinion, is appropriate.

Continuing education report

20 Each member of the Institute must

(

a) submit annually, on or before the date set out in the by-laws,

a report in the form prescribed by the registration committee, which

includes

(

i) a declaration that the member has complied with

section 19, or

(ii) a declaration that

section 19 does not apply to the

member,

and

(

b) keep, for 5 years, a record of continuing education completed

annually and, on request, provide to the registration committee or its

designate the record and supporting documentation of formal education

completed.

Division 4

Reinstatement

Reinstatement of registration

21(1) Unless otherwise provided in the Act, this Regulation or the

by-laws, an investigated party whose registration is suspended under

Part 5

or 6 of the Act must be reinstated when the investigated party has

satisfied the discipline tribunal roster chair that the investigated party

has complied with the order governing the suspension made pursuant to

Part

5 or 6 of the Act and any certificate must be reissued.

(2) An applicant whose resignation was accepted under

section 75(2) of the

Act or whose registration was cancelled under

Part 5 or 6 of the Act must

comply with all orders or any conditions specified by the complaints

inquiry committee, discipline tribunal, appeal tribunal or Court of Appeal,

as the case may be, before being entitled to apply for reinstatement of

registration.

(3) Unless otherwise provided in the Act or this Regulation, an

investigated party whose registration was cancelled under

Part 5 or 6 of

the Act may not apply to the registration committee for reinstatement

within 2 years of the cancellation.

(4) An applicant for reinstatement referred to in subsection (2) must

(

a) comply with the requirements of this section;

(

b) provide satisfactory evidence to the registration committee of

meeting the requirements of

section 2, if the applicant is a former member

or a former student;

(

c) meet any education requirements specified by the registration

committee;

(

d) pay a reinstatement fee as provided by the resolutions;

(

e) satisfy any other terms or conditions specified by the

registration committee.

(5) The registration committee may order the reinstatement of a

registration cancelled under

Part 5 or 6 of the Act or a resignation

accepted under

section 75 of the Act on such terms as the committee may

approve if all orders have been complied with and any conditions set at the

time of the cancellation or resignation, as the case may be, have been met.

(6) Sections 32 to 34 of the Act apply to all applications for

reinstatement of registration after cancellation or resignation.

Division 5

Use of Titles, Abbreviations

and Initials

Chartered accountant

22(1) Subject to the rules of professional conduct, only a chartered

accountant or public accounting firm registered under

Part 3 of the Act may

use the names "Chartered Accountant" or "comptable agr‚‚" or the initials

"CA".

(2) Only a chartered accountant registered under

Part 3 of the Act who has

been elected as a Fellow of the Chartered Accountants by the Council in the

manner prescribed in the by-laws may use the name "Fellow of the Chartered

Accountants" or "Fellow comptable agr‚‚" or the initials "FCA".

(3) Only a chartered accountant registered under

Part 3 of the Act may,

with the approval of the Council, use the name "Associate of the Chartered

Accountants" or "Associ‚ d'un comptable agr‚‚" or the initials "ACA".

(4) The registration committee may authorize a person or firm registered

under

section 50 of the Act to use the designation "Chartered Accountant"

or "CA" in Alberta if such person or firm

(

a) provides satisfactory evidence to the registrar that such

person or firm is allowed to use the designation "Chartered Accountant" by

another provincial institute,

(

b) completes an application in the form required by the by-laws,

and

(

c) pays the application fees specified by the Council.

(5) The registration committee may set conditions on the use of the

designation by applicants whose applications are approved under subsection

(4).

(6) To continue to use the designation authorized under subsection (4),

the person or firm must

(

a) provide to the registrar

(

i) an annual filing establishing continued compliance

with conditions referred to in subsection (5), and

(ii) immediate notification of any contravention of a

condition,

and

(

b) pay the annual fees prescribed by the Council.

Certified public accountant

23(1) For the purposes of this section, "registration committee" means the

registration committee or registrar of the Institute, the Society of

Management Accountants of Alberta or the Certified General Accountants'

Association of Alberta.

(2) For the purposes of subsections (3) and (4), a "chartered accountant,

certified management accountant or certified general accountant" also means

a Fellow of the Chartered Accountants, a Fellow of the Certified Management

Accountants or a Fellow of the Certified General Accountants.

(3) The registration committee may authorize a chartered accountant,

certified management accountant or certified general accountant registered

under

Part 3 of the Act to use the name "Certified Public Accountant" or

the initials "CPA" or any title, name, description, abbreviation, letter or

symbol representing that name or those initials, alone or in combination

with any other name, title, description, abbreviation, letter, symbol or

initials, that represents expressly or by implication that the individual

is a certified public accountant if the person

(

a) provides satisfactory evidence to the registration committee of

having a current CPA certificate from the United States of America, and

(

b) completes an application in the form required by the by-laws

and pays the application fee specified by the governing body.

(4) An applicant whose application is approved under subsection (3) must

use the designation "Certified Public Accountant" or the initials "CPA"

only

(

a) when accompanied by and following "Chartered Accountant",

"Certified Management Accountant", "Certified General Accountant", "CA",

"CMA" or "CGA", as applicable, and

(

b) when the designation also discloses the name of the applicable

CPA jurisdiction in the United States of America, in the following manner:

"Chartered Accountant, Certified Public Accountant (State, USA)",

"Certified Management Accountant, Certified Public Accountant (State,

USA)", "Certified General Accountant, Certified Public Accountant (State,

USA)", "CA, CPA (State, USA)", "CMA, CPA (State, USA)" or "CGA, CPA (State,

USA)".

(5) A person who has a current CPA certificate from the United States of

America but who is not a chartered accountant, certified management

accountant or certified general accountant

(

a) may use the statement "certified as a CPA in (State, USA)", or

(

b) may use the statement "licensed as a CPA in (State, USA)" if

such person has also been granted the right to practice public accountancy

by a state board of accountancy in the United States of America with which

the Institute has a mutual recognition agreement.

(6) A person referred to under subsection (5) may not use the designation

"Certified Public Accountant" or "Certified Public Accountant (State, USA)"

or the initials "CPA" or "CPA (State, USA)".

(7) The registration committee may authorize a person registered under

section 50 of the Act or a public accounting firm registered under

section

46 of the Act to use the designation "Certified Public Accountant" or "CPA"

in Alberta if such person or firm

(

a) provides satisfactory evidence to the registration committee

that such person or firm has a current CPA certificate from the United

States of America and has the right to practice accountancy as granted by a

state board of accountancy in the United States of America with which the

Institute has a mutual recognition agreement, and

(

b) completes an application in the form required by the by-laws

and pays the application fee specified by the governing body.

(8) The registration committee may set conditions on the use of the

designation by applicants whose applications are approved under subsections

(3) and (7).

(9) The use of the designation authorized under subsection (3) or

(7) continues if the person or firm provides to the registration committee

(

a) an annual filing that establishes continued compliance with

conditions set pursuant to subsection (8),

(

b) immediate notification of any contravention of a condition set

pursuant to subsection (8), and

(

c) the annual fees prescribed by the governing body.

Division 6

Professional Corporations

Continuance of registration as a professional corporation

24 For the purposes of

section 51(1)(

c) of the Act, registration as a

professional corporation continues in effect if the registrant provides to

the registrar, in a timely manner,

(

a) any changes to the information provided to the registrar

pursuant to

section 40 of the Act, and

(

b) on request of the registrar, evidence satisfactory to the

registrar of continued compliance with conditions imposed by the

registration committee on the registration.

Division 7

Public Accounting Firms

Gross revenue threshold for registration of public accounting firms

25(1) For the purposes of

section 46(3) of the Act, a member of the

Institute, a professional corporation or a partnership that provides the

services referred to in

section 1(oo)(iv) or (vi) of the Act is not

required to register as a public accounting firm if annual gross revenue

from those services is less than $10 000.

(2) A member of the Institute, a professional corporation or a partnership

that provides the services referred to in

section 1(oo)(iv) or (vi) of the

Act and that has annual gross revenue from those services equal to or

greater than $10 000, but less than $20 000, may apply to the Council or

its delegate for an exemption from registration as a public accounting

firm.

Registration of chartered accountants as public accounting firms

26 For the purposes of

section 47(

e) of the Act, an applicant for

registration as a public accounting firm must provide to the registrar

(

a) the primary name under which the practice is conducted;

(

b) the legal name of the public accounting firm;

(

c) other names under which the practice is conducted;

(

d) the names of any related business or practice;

(

e) the firm's business address;

(

f) a listing of the principals, partners, directors or

shareholders of the firm;

(

g) a listing of the areas of professional practice the firm plans

to engage in;

(

h) for each area of public accounting practice that the firm plans

to engage in, satisfactory current evidence that a chartered accountant

with the firm meets any education and experience requirements prescribed by

the Council;

(

i) the name of any professional corporation related to or

affiliated with the firm.

Registration of other persons or firms as public accounting firms

27 For the purposes of

section 50(2) of the Act, if an applicant for

registration as a public accounting firm is registered with a provincial

institute or foreign accounting organization that the Council recognizes as

having substantially equivalent competence and practice requirements based

on an IQAB recommendation or through a mutual recognition agreement, the

applicant must provide to the registrar, in addition to all information

required of a public accounting firm under

section 47 of the Act and

section 26 of this Regulation, satisfactory evidence that

(

a) any person who is engaged in the applicant's public accounting

practice in Alberta

(

i) meets the requirements of

section 2, and

(ii) demonstrates to the registration committee that

such person has maintained competence,

and

(

b) the applicant

(

i) has no outstanding complaints or discipline matters

with any professional organization with which the applicant is or has been

registered,

(ii) is registered in good standing with that provincial

institute or foreign accounting organization,

(iii) is permitted, through that provincial institute or

foreign accounting organization, to carry out a practice of public

accounting in that jurisdiction,

(iv) has successfully completed a recent review of

client files that is substantially equivalent to a practice review required

under

Part 4 of the Act, and

(

v) would be permitted by that provincial institute or

foreign accounting organization to carry out the scope of practice that the

applicant intends to carry out while registered under

section 50(2) of the

Act.

Continuance of registration as a public accounting firm

28 For the purposes of

section 51(1)(

c) of the Act, registration as a

public accounting firm continues in effect if the registrant provides to

the registrar, in a timely manner,

(

a) any changes to the information provided to the registrar

pursuant to

section 47 of the Act and sections 26 and 27 of this

Regulation, as applicable,

(

b) satisfactory evidence, on request by the registrar, that the

amount of professional liability insurance required under this Regulation

and the by-laws is currently maintained, and

(

c) satisfactory evidence, on request by the registrar, of

continued compliance with conditions imposed on the registration by the

registration committee.

Division 8

Limited Liability Partnerships

Limited liability partnerships

29(1) For the purpose of registration as an Alberta limited liability

partnership or an extra-provincial limited liability partnership under

Part

2.1 of the Partnership Act, the applicant must provide satisfactory

evidence to the registrar that the partnership carries professional

liability insurance in an amount not less than

(a) $1 000 000 per incident for partnerships with fewer than 5

chartered accountants or professional corporations engaged in the

partnership's practice, and

(b) $2 000 000 per incident for partnerships with 5 or more

chartered accountants or professional corporations engaged in the

partnership's practice.

(2) Notwithstanding subsection (1), a letter of credit, bond or other

protection against professional liability may be substituted for

professional liability insurance if it is

(

a) in an amount not less than the professional liability insurance

that would be required under subsection (1), and

(

b) in a form approved by, and otherwise acceptable to, the

registration committee.

(3) A partnership referred to in subsection (1) must provide annually to

the registrar satisfactory evidence of continued compliance with subsection

(1) or (2).

Division 9

Professional Service Providers

Who must register

30 A person who meets the requirements of

section 48 of the Act must

(

a) a chartered accountant, or

(

b) a student who is approved by the registration committee.

Professional services for purposes of ss48(1)(

a) and 49(

a) of the Act

31 For the purposes of sections 48(1)(

a) and 49(

a) of the Act, the

specified professional services are

(

a) acting as a trustee in bankruptcy, a liquidator, a receiver, a

receiver-manager or acting in any other aspect of insolvency practice, or

(

b) public practice as a business valuator.

Information to be provided on registration

32 For the purposes of

section 49(

d) of the Act, an applicant for

registration as a professional service provider must provide to the

registrar

(

a) the primary name under which the professional service provider

practices,

(

b) the legal name of the entity under which the professional

service provider practices,

(

c) other names under which the practice is conducted,

(

d) the applicant's business address,

(

e) the applicant's areas of professional practice,

(

f) a plan, acceptable to the registration committee, of how the

applicant will maintain client files, so that each client file will be

separate and accessible for practice review purposes, and

(

g) an undertaking, acceptable to the registrar, allowing the

Institute access, for practice review purposes, to the working paper files

that evidence the work performed by the applicant.

Continuance of registration as a professional service provider

33 For the purposes of

section 51(1)(

c) of the Act, registration as a

professional service provider continues in effect if the registrant

provides to the registrar, in a timely manner,

(

a) any changes to the information provided to the registrar

pursuant to

section 49 of the Act and

section 32 of this Regulation,

(

b) satisfactory evidence, on request by the registrar, that the

amount of professional liability insurance required under this Regulation

and the by-laws is currently maintained, and

(

c) satisfactory evidence, on request by the registrar, of

continued compliance with conditions imposed by the registration committee.

Division 10

Categories of Registrants

Categories of registrants

34(1) The following categories of members of the Institute are

established:

(

a) specialists who are approved by the registration committee;

(

b) suspended members;

(

c) members engaged in a public accounting practice;

(

d) members engaged in the professional services set out in

section

31;

(

e) members who have conditions or restrictions placed on their

registration.

(2) The following categories of public accounting firms are established:

(

a) limited liability partnerships;

(

b) SRA auditors;

(

c) training offices;

(

d) part-time firms;

(

e) regional or national firms;

(

f) suspended firms;

(

g) firms that have conditions or restrictions placed on their

registration or practice.

(3) The following categories of professional service providers are

established:

(

a) training offices;

(

b) professional service providers that have conditions or

restrictions placed on their registration or practice;

(

c) suspended professional service providers.

(4) The following categories of students are established:

(

a) co-op students;

(

b) students who are professional service providers;

(

c) students who have conditions or restrictions placed on their

registration;

(

d) suspended students.

SRA auditors

35(1) Only a public accounting firm approved as an SRA auditor may perform

an audit or review engagement for entities that are required to file

financial statements or financial information with a securities regulatory

authority.

(2) The Council may establish additional education, experience and

professional liability insurance requirements to be met by an applicant for

approval as an SRA auditor.

(3) The registration committee must approve a public accounting firm as an

SRA auditor if the applicant meets the requirements prescribed by the

Council.

(4) If the applicant fails to meet the requirements established by the

Council, the registration committee may approve the application subject to

conditions or restrictions.

(5) Approval as an SRA auditor continues if the public accounting firm

provides to the registrar

(

a) an annual filing establishing continued compliance with

education, experience and professional liability insurance requirements and

any conditions or restrictions,

(

b) immediate notification

(

i) of any contravention of a condition or restriction,

(ii) that the firm is subject to a follow-up practice

review,

(iii) that the firm or any member at the firm has been

found guilty of contravening the provisions of any securities legislation,

(iv) that the firm or any member at the firm has been

discharged absolutely on conviction or after pleading guilty to

contravening the provisions of any securities legislation, or

(

v) that the firm or any member at the firm has reached

a settlement with a securities regulatory authority regarding contravention

of the provisions of any securities legislation,

and

(

c) the annual fees prescribed by the Council.

(6) The registration committee may place restrictions or conditions on a

public accounting firm's ability to practice as an SRA auditor if the firm

does not meet the education and experience requirements or is subject to a

follow-up practice review.

Training offices

36(1) Only a training office may provide training experience to students.

(2) The Council may establish education and experience requirements to be

met by an applicant for approval as a training office.

(3) The registration committee must approve an applicant as a training

office if the applicant meets the requirements established by the Council.

(4) If the applicant fails to meet the requirements established by the

Council, the registration committee may approve the application subject to

conditions or restrictions.

(5) Approval as a training office continues if the training office

provides to the registrar

(

a) any filing requested to establish

(

i) continued compliance with education and experience

requirements and any conditions or restrictions,

(ii) the nature or period of experience provided to an

individual student or to students generally, or

(iii) a plan for providing the required experience to

students in the future,

(

b) immediate notification of any contravention of a condition or

restriction or if the training office is subject to a follow-up practice

review, and

(

c) the annual fees prescribed by the Council.

(6) The registration committee may place restrictions or conditions on a

training office's ability to train students if the office does not meet the

experience requirements for students or is subject to a follow-up practice

review.

PART 2 PUBLIC INFORMATION

Maintenance of information

37 For the purposes of

section 26 of the Act, the Institute must maintain

information about registrants and former registrants for the following

periods of time:

(

a) for at least 10 years for information respecting past

registration status, registration decisions on registrations that were

refused or conditions placed on registration or practice;

(

b) for at least 10 years for information under

section 28(1)(

c) to

(

f) of the Act;

(

c) for at least 5 years for information respecting practice

specialty, professional corporations and the principals, partners,

directors or shareholders of a public accounting firm;

(

d) for at least one year for any other relevant information

maintained in accordance with the Act, this Regulation or by-laws.

PART 3 PRACTICE REVIEW

Practice review

38 Public accounting firms and professional service providers that

provide any of the following services are subject to a practice review:

(

a) assurance engagements;

(

b) specified auditing procedures engagements;

(

c) compliance engagements.

PART 4 TRANSITIONAL PROVISIONS AND REPEALS

Limitation on investigated parties

39 Any limitation placed on an investigated party under a former Act is

deemed to be equivalent to a restriction imposed under the Act.

Repeals

40 The following Regulations are repealed:

(

a) General Regulation (AR 160/88);

(

b) Joint Standards Directorate Regulation (AR 161/88).

Alberta Regulation 179/2001

Government Organization

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: September 13, 2001

Made by the Lieutenant Governor in Council (O.C. 372/2001) on September 13,

2001 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 44/01) is

amended by this Regulation.

Section 13 is amended by adding the following after subsection (4):

(5) The Minister of Human Resources and Employment is designated as

the Minister responsible for the Regulated Accounting Profession Act.

------------------------------

Alberta Regulation 180/2001

Insurance Act

MISCELLANEOUS PROVISIONS AMENDMENT REGULATION

Filed: September 13, 2001

Made by the Lieutenant Governor in Council (O.C. 374/2001) on September 13,

2001 pursuant to

section 15 of the Insurance Act.

1 The Miscellaneous Provisions Regulation (AR 120/2001) is amended by

this Regulation.

Section 3(2) is amended by adding the following after clause (g):

(

h) Hotel Employees and Restaurant Employees Union, Local 47,

Health and Welfare Fund.

Alberta Regulation 181/2001

Highway Traffic Act

SEAT BELT AMENDMENT REGULATION

Filed: September 13, 2001

Made by the Lieutenant Governor in Council (O.C. 378/2001) on September 13,

2001 pursuant to

section 65 of the Highway Traffic Act.

1 The Seat Belt Regulation (AR 258/87) is amended by this Regulation.

Section 4(1)(

d) and (2) are repealed.

3 This Regulation comes into force on January 1, 2002.

------------------------------

Alberta Regulation 182/2001

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: September 14, 2001

Made by the Alberta Energy and Utilities Board on September 12, 2001

pursuant to

section 10(1)(a.2) of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulations (AR 151/71) are amended by

this Regulation.

2 The following is added after

section 16.630:

PART 16.6

SECURITY

Security required

16.640(1) Where an approval is required in respect of an oilfield

waste management facility, the applicant for the approval shall provide

security in accordance with this Part before construction or operation of

the facility commences.

(2) Where, before the coming into force of this section, an approval

is granted in respect of an oilfield waste management facility, the

approval holder shall provide security in accordance with this Part on or

before September 15, 2001.

Exemption from security

16.641

Section 16.640 does not apply where the oilfield waste

management facility, other than an oilfield landfill, is or will be

integrated as a waste management component into an approved or licensed

production system that only manages waste originating from within the same

interconnected system of upstream production facilities.

Failure to provide security

16.642 If an approval holder fails to provide security when

required to do so under

section 16.640(2), the Board may direct that

operations at the oilfield waste management facility be suspended until

such time as the security has been provided.

Amount of security

16.643(1) The amount of security is the amount calculated in

accordance with

Schedule 15.

(2) Notwithstanding subsection (1), the Board may, on application,

accept an amount of security that is less than the amount calculated in

accordance with

Schedule 15.

(3) An application under subsection (2) must be accompanied with a

report containing the following information:

(

a) the cost of securing the oilfield waste management

facility to prevent access;

(

b) the cost of minimizing safety and environmental

risks related to the oilfield waste management facility, including the

removal of all product, chemical and waste inventories to an approved

facility, and the securing of any disposal wells;

(

c) the cost of maintaining a monitoring program, if

required;

(

d) the cost of maintaining utilities to the oilfield

waste management facility;

(

e) the cost of winterizing the oilfield waste

management facility.

(4) The cost of each activity described in subsection (3) must

reflect the amount reasonably required to pay a third party contractor to

carry out the activity.

Use of security

16.644 Any security provided under this Part may be used for the

suspension, abandonment and reclamation of an oilfield waste management

facility notwithstanding that the amount of security calculated under

section 16.643 is based on the estimated cost to suspend the facility.

Adjustment of security

16.645(1) The Board may increase or decrease the amount of security

that is to be provided where

(

a) the cost of suspending an oilfield waste management

facility changes,

(

b) the extent of operations at the oilfield waste

management facility is increased or decreased, or

(

c) any other circumstances exist that may increase or

decrease the estimated cost of suspending the oilfield waste management

facility.

(2) The Board may specify times or set a

schedule for re-evaluating

and adjusting the security provided.

(3) The Board shall notify an approval holder of any proposed

adjustment to the amount of the security.

Form of security

16.646 Security must be in one or more of the following forms as

required by the Board:

(

a) cash;

(

b) irrevocable letter of credit in a form acceptable

to the Board;

(

c) any other form of security that is acceptable to

the Board.

Return of security

16.647 The Board shall return all or part of the security provided

by an approval holder where

(

a) the security has been replaced with other security

acceptable to the Board,

(

b) the oilfield waste management facility has been

suspended and abandoned, the site has been decontaminated and the surface

land reclaimed such that the site has been rendered suitable for the next

intended land use, or

(

c) the approval for the oilfield waste management

facility has been transferred to a new approval holder who has provided

security for that facility acceptable to the Board.

Forfeiture of security

16.648(1) The Board may direct that all or part of the security

provided by the approval holder be forfeited to the Board if

(

a) the approval holder fails to suspend and abandon

the oilfield waste management facility, decontaminate the site and reclaim

the surface land in accordance with applicable legislation and any

requirements or directions of the Board,

(

b) a receiver, receiver-manager or trustee has been

appointed in respect of the operations of the approval holder,

(

c) the approval holder is subject to any proceedings

under the Companies' Creditors Arrangement Act (Canada),

(

d) the security is in the form of an irrevocable

letter of credit and the Board receives notice from the issuing bank that

it will not renew the letter of credit, or

(

e) the approval holder fails to adjust the amount of

security as required by the Board.

(2) If security is forfeited under subsection (1), the Board shall

use as much of the security as the Board considers necessary to carry out

the suspension and abandonment of the oilfield waste management facility,

site decontamination and surface land reclamation such that the site is

rendered suitable for the next intended land use.

(3) If the Board directs security to be forfeited under subsection

(1), the Board shall give written notice of its decision to the approval

holder.

(4) If the amount of forfeited security exceeds the amount required

to ensure that the oilfield waste management facility has been suspended

and abandoned, the site has been decontaminated and the surface land has

been reclaimed such that the site has been rendered suitable for the next

intended land use, the Board shall pay the excess amount to the person or

persons entitled to that amount.

(5) If the amount of forfeited security is not sufficient to pay for

the costs to ensure that the oilfield waste management facility has been

suspended and abandoned, the site has been decontaminated and the surface

land has been reclaimed such that the site has been rendered suitable for

the next intended land use, the approval holder and any other working

interest participants remain liable for the balance of the costs.

3 The following is added after

Schedule 14:

SCHEDULE 15

SECURITY COSTS

Type of facility

Security required based on cost of immediate site suspension

Security required per month

Total number of months

Total security required

Oilfield waste processing facility

$50 000

$3 000

$158 000

Surface facility associated with stand-alone waste disposal wells (class Ia

or Ib)

$10 000

$1 000

$46 000

Oilfield waste storage facility or transfer station

$20 000

$2 000

$92 000

Biodegradation facility

$20 000

$1 000

$56 000

Oilfield landfill

$20 000

$1 000

$56 000

ERRATA

The Reciprocal Insurance Exchange Regulation (AR 123/2001), which was

published in The Alberta Gazette of July 31, 2001 (vol. 97 no. 14), was

made by the Lieutenant Governor in Council by Order in Council numbered

O.C. 270/2001, not O.C. 123/2001 as indicated.

The Forest Protection (Payment for Services, Vehicles and Equipment)

Regulation (AR 150/2001), as published in The Alberta Gazette of August 15,

2001 (vol. 97 no. 15), contains a typographical error in the title of the

Regulation; "VEHCILES" should read "VEHICLES".

Document details

Collection	Alberta — Gazette
Citation	0929 ii
Type	gazette
Volume / chapter	0929 ii
Language	en
Format	html
Source	PROVINCIAL
Identifier	8d616230beae05f775e813b711dfad8116609511

Source file is stored in the law ingest library (html).

Alberta Gazette — 29 September (ii)

LETHBRIDGE REGIONAL WATER SERVICES

COMMISSION REGULATION

section 602.02 of the Municipal Government Act.

Table of Contents

Schedule

section 5 or 6 subject to any

Schedule to this Regulation.

SCHEDULE OF PROPERTY,

ASSETS AND LIABILITIES

NORTH PEACE REGIONAL LANDFILL COMMISSION REGULATION

section 602.02 of the Municipal Government Act.

Table of Contents

section 5 or 6 subject to any

EXEMPTION AMENDMENT REGULATION

section 60 of the Cemeteries Act.

CEMETERIES EXEMPTION REGULATION

section 3:

CERTIFIED GENERAL ACCOUNTANTS REGULATION

section 14 of the Regulated Accounting Profession Act.

Table of Contents

Definitions 1

Part 1

Division 1

Division 2

Division 3

section 35(2)(

Division 4

Division 5

Division 6

Division 7

Division 8

Division 9

Division 10

Part 2

Part 3

Part 4

Part 5

Definitions

section 1 and

Schedule 2 of the Act have the same

PART 1

REGISTRATION

Division 1

Division 2

section 2;

Division 3

section 7;

section 8;

section 6(1)(a), the academic requirements consist of

section 6(1)(

section 35(2)(

section 11 or meet the

section 6.

section 35(2)(

section 35(1)(

section 11 or meet the

section 6.

section 35(2)(

section 7,

section 8,

Part 4 of the Act must be completed.

section 6.

section 51(1)(

section 14,

section 13, or

section 13 does not apply to the

Division 4

Part 5

Part

section 75(2) of the

Part 5 or 6 of the Act must

Part 5 or 6 of

section 2;

Part 5 or 6 of the Act or a registration resigned under

section 75(2)

Division 5

Part 3 of the

Part 3 of the Act

Division 6