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Yukon Bylaws Regulations Note: Amendments are noted in [brackets] with the year in which they were approved by Council. Incidental changes to numbering and cross-references are not annotated.
Yukon Bylaws Regulations: Click here to download an Adobe Acrobat (PDF) version
Contents
Y224 - Officers, Seal and Committees
Y230 - Procedure for Meetings
Y240 - Fees and Other Assessments
Y250 - Professional Liability Insurance
Y250.6 - Transitional
Y290 - Sending Documents
Y301 - Membership
Y320 - Fellows
Y401 - CA School of Business
Y401 - Application to Enrol
Y410 - Instruction and Experience
Y410 - Application for Admission as a Member
Y410 - Appeals
Y504 - Annual General Meeting
Y510 - Composition of Council
Y523 - Election of Council
Y542 - Special General Meeting
Y553 - Votings at Meetings, and Proxies
Y562 - Special Vote
Y660 - Standards of Professional Practice
Y1002 - Professional Development
Y1011 - Professional Development Review Committee
Officers, Seal and Committees
| Y224/1 |
Except as otherwise provided in the Bylaws or the Regulations, or where Council retains the services of a Committee of the BC Institute, Council shall appoint the chair of each Committee. |
| Y224/2 |
The President, Vice-Presidents and Treasurer shall constitute the Executive Committee. The Chief Executive Officer and Secretary shall be non-voting members of the Executive Committee. [2009] |
Procedure for Meetings
| Y230/1 |
Meetings of Council shall be convened at least once in each calendar quarter at such time and place as may be determined by the President or failing the President, by a Vice-President or failing a Vice-President, by the Chief Executive Officer. |
| Y230/2 |
Meetings of Committees shall be convened by the Chair or upon notice by the Chief Executive Officer or the Secretary. Committees shall report to Council as required. |
| Y230/3 |
At all meetings of Council or any Committee every member of Council or that Committee, as the case may be, shall have one vote and in the case of a tie the Chair of the meeting shall have a second or casting vote. |
| Y230/4 |
The proceedings at all meetings shall be governed by the Act, the Bylaws and these Regulations, supplemented by such rules of procedure as may be determined by Council. |
| Y230/5 |
A member of Council or a Committee may participate in a meeting of Council or a Committee by means of conference telephones or other communications facilities by means of which all members of Council or the Committee, as the case may be, participating in the meeting can hear each other. A member of Council or a Committee participating in a meeting in accordance with this Regulation shall be deemed to be present at the meeting and shall be counted in the quorum therefor and be entitled to speak and vote thereat. |
Fees and Other Assessments
| Y240/1 |
There will be payable to the Institute in the amounts determined by Council from time to time:
- a student registration fee;
- a membership admission fee;
- an annual membership fee;
- an annual membership fee on behalf of the CICA;
- from members employing students, an annual fee for each student;
- an annual student fee;
- from members having a proprietary interest in a practicing office of a sole proprietorship or firm, an annual assessment consisting of:
- a practice licence fee;
- a special practice review assessment based on the numbers of practicing members at the practicing office, each of whom is either a sole proprietor or a partner of the firm; and
- an assessment based on the number of practicing members at the practicing office who are members of the CICA;
- from members having a proprietary interest in a practicing office of a sole proprietorship or firm, an annual firm assessment based upon the number of members and students of other Canadian professional accounting bodies at the practicing office;
- an evaluation fee to accompany an application for a practice licence; and
- a fee for follow-up reviews and reissuing of a practice licence.
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| Y240/2 |
If any amount payable to the Institute by a member, student, approved firm, or approved organization is not paid by the due date, a late penalty in an amount determined by council from time to time shall be added thereto and written notice thereof shall be mailed by regular post to the member, student, approved firm, or approved organization specifying the amount payable and requiring the amount payable, together with a penalty, to be paid before a specified date. [2003] [2007] |
| Y240/3 |
In default of payment by the member or student of an amount payable, together with the late penalty, prior to the date designated as the specified date in a written notice given pursuant to Regulation Y240/2, and subject to any conditions imposed by Council, Council may, by notice, suspend or expel the member, remove the name of the student from the register of students, or suspend the licence of the practicing office of the member. |
| Y241/1 |
The due date for an annual membership fee shall be the later of May 31 or thirty days after the billing date; and for all other amounts payable to the Institute by a member or student shall be thirty days after the billing date. |
Professional Liability Insurance
| Y250/1 |
Subject to Regulation Y250/1.1, the following minimum levels of professional liability insurance are required to be carried with a recognized insurance company by members practicing public accounting, either full or part-time, either incorporated or unincorporated:
| Firm with |
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Minimum Coverage
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| 1 member |
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$ 250,000
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| 2 or 3 members |
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$ 500,000
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| 4 or more members |
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$1,000,000
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| Y250/1.1 |
The following minimum levels of professional liability insurance are required to be carried with a recognized insurance company by members practicing public accounting, either full or part-time, either incorporated or unincorporated, whose professional liability insurance coverage is obtained or renewed on or after April 1, 2005:
| Firm with |
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Minimum Coverage
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| 1 member |
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$1,000,000
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| 2 or 3 members |
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$1,500,000
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| 4 or more members |
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$2,000,000
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[2004]
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Y250/2
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Each professional liability insurance contract shall be endorsed with the requirement that the insurance company shall notify the Institute in writing forthwith of:
- any cancellation or non-renewal of such policy; or
- any insurance coverage which is below the minimum coverage required above
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Y250/3
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Within 15 calendar days of receiving a written request to do so, the member shall provide proof, to the satisfaction of the Institute, of professional liability insurance coverage. |
| Y250/4 |
Members are required to ensure prior acts are covered by adequate professional liability insurance either through riders to an ongoing insurance policy or a separate discovery policy, for a minimum of six years after ceasing to be in public practice.
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| Y250/5 |
The minimum limits in Regulations Y250/1 and Y250/1.1 are subject to the availability generally of such insurance to members practicing public accounting. |
Transitional
| Y250/6 |
The following changes to the Bylaw Regulations shall take effect on April 1, 2006:
- Regulation Y250/1 shall be replaced with the following:
"The following minimum levels of professional liability insurance are required to be carried with a recognized insurance company by members practicing public accounting, either full or part-time, either incorporated or unincorporated:
| Firm with |
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Minimum Coverage
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| 1 member |
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$1,000,000
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| 2 or 3 members |
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$1,500,000
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| 4 or more members |
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$2,000,000
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- Regulation Y250/1.1 shall be deleted; and
- Regulation Y250/5 shall be amended by striking out the words "Regulations Y250/1 and Y250/1.1" and substituting "Regulation Y250/1.1".
[2004]
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Sending Documents
| Y290/1 |
Except as otherwise provided in the Bylaws or the Regulations, any decision, determination, notice, order, report, statement or other document to be given or delivered to a member or student pursuant to the Bylaws or the Regulations shall be deemed:
- to be duly given or delivered:
- if personally delivered or mailed postage pre-paid to the member's or student's address; or
- where the member or student has authorized electronic delivery of materials pursuant to Regulation Y290/2, if sent to the last electronic mail address provided by the member or student to the Registrar; and
- to have been effected:
- if personally delivered, on the day of delivery;
- if mailed, on the third day, Saturdays and statutory holidays excepted, following the date of mailing; or
- if sent by electronic mail, on the day it is sent.
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| Y290/2 |
A member or student may authorize electronic delivery of materials under Regulation Y290/1 by communicating his consent to the Registrar in the manner and form determined by Council. |
Membership
| Y300/1 |
An application by a student for admission as a member under Bylaw Y301(i) must be accompanied by
- certification from the CA School of Business that the student has completed all applicable program, examination, evaluation, and experience requirements referred to in Regulation Y410/1(i); and
- certification, in the form required by the BC Institute, that the student has satisfied the mandatory professional development requirement referred to in Regulation Y410/1(ii).
[2007]
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| Y300/2 |
An application by a member of a Provincial Institute for admission as a member under Bylaw Y301(iii) must be accompanied by certification from the Registrar or other competent officer of that Provincial Institute that the applicant is a member in good standing of that Provincial Institute. [2007]
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| Y300/3 |
An application by a member of a professional body outside of Canada and Bermuda for admission as a member under Bylaw Y301(iv) must be accompanied by certification from the Registrar or other competent officer of the foreign professional body that the applicant is a member in good standing of that body. [2007]
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| Y301/1 |
The Registrar shall admit as a member any person whom the Registrar determines to have met the requirements of Bylaw Y301, with the exception of a reinstatement of a member or a readmission of a former member. |
| Y301/2 |
An applicant by examination shall be recommended by two members in good standing at the Institute. |
| Y301/3 |
An application for admission by affiliation as a member shall be accompanied by the certificate of the Registrar or other competent officer of the Provincial Institute of which the applicant is a member attesting to his membership in good standing of that Provincial Institute. |
| Y301/4 |
The Registrar shall reinstate a member who has been suspended for non-payment of membership fees or any other amounts payable to the Institute by the member, when such financial obligations are satisfied. |
| Y301/5 |
Applications for readmission of a former member or for reinstatement of a suspended member, other than applications under Regulation Y301/4, shall be forwarded to the Membership Committee established by Council. The Membership Committee shall make recommendations to Council regarding the disposition of all applications, except those applications for readmission which are approved by the Membership Committee itself under Regulation Y301/6. |
| Y301/6 |
The Membership Committee may admit a former member, provided that:
- the application of the former member satisfies the requirements established by Council;
- there has been no previous finding or determination by the Institute or by a Provincial Institute that the former member is incompetent, has committed professional misconduct, or has contravened the Act or Bylaws of the Institute, the Rules of Professional Conduct, or corresponding legislation, bylaws or rules of a Provincial Institute; and
- the Membership Committee is satisfied that there is no reason for the application to be reviewed by Council.
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| Y301/8 |
An applicant who is a member in good standing of a professional body outside Canada having the same or similar objects as the Institute may submit an application for admission as a member accompanied by a non-refundable application fee prescribed by Council. The Registrar shall furnish the applicant with a ruling as to what courses, examinations, experience or duration of residence in the Yukon shall be required of the applicant or alternatively shall advise the applicant to submit an application for registration as a student. The application fee shall be applied to the admission or student registration fee required.
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| Y301/9 |
The Registrar shall admit the applicant on completion of the prescribed courses, examinations, experience or residence requirements by an applicant under Regulation Y301/8, receipt of the prescribed admission fee, and an attestation by a competent officer of the professional body outside Canada as to the applicant's membership in good standing. |
| Y301/10 |
If the requirements of Regulation Y301/9 are not completed within thirty months of the date of issue of a ruling by the Registrar, the application for admission as a member shall expire and the application fee shall be forfeited. Nothing in these regulations, however, shall preclude an applicant from submitting another application fee and an application for admission as a member after the expiry of the thirty-month period. The requirements respecting courses, examinations, experience, residence and time limitations relating to such subsequent applications shall be determined by the Registrar. |
Fellows
| Y320/1 |
Each year Council shall seek nominations for the election of Fellows from among the members. All members, except then members of Council exclusive of the Institute's First Vice-President, shall be eligible. Council may elect Fellows for distinguished service to the profession, or for bringing distinction to the profession. |
| Y320/2 |
Council will, upon application, admit as Fellows those members who have been elected Fellows by another Provincial Institute for as long as
- that Provincial Institute grants a similar right to its members, and
- the member retains membership in that Provincial Institute.
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Students
CA School of Business
| Y401/1 |
Effective January 1, 2001, the BC Institute (on behalf of the Institute) entered into an agreement with the CA School of Business (CASB) to administer pre-qualification requirements for students of the Institute, covering education, experience and evaluation, subject to the Bylaws and Regulations of the Institute.[2007] |
Application to Enrol
| Y401/2 |
The functions and authority of Council in respect of the enrolment of students are delegated to CASB to the extent provided under the “Education Agreement regarding the CA School of Business” dated February 19, 2004 (replacing the previous Education Agreement dated June 17, 2000), as amended from time to time, and in accordance with the terms and conditions of that Agreement, except as may otherwise be determined by Council. All applications for enrolment as a student of the Institute (including any application by a member of a foreign professional accounting body having a designation that has not been recommended by the International Qualifications Appraisal Board of CICA for exemption from the Uniform Final Examination) must be submitted to CASB in accordance with any requirements established by CASB, unless otherwise prescribed by Council. [2007]
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Instruction and Experience
| Y410/1 |
To qualify for admission as a member under Bylaw 301(i), a student must satisfy:
- all applicable program, examination, evaluation, and experience requirements established under arrangements made between the Institute (or the BC Institute, on the Institute’s behalf) and CASB, or as may otherwise be prescribed by Council; and
- the mandatory professional development requirement for students established by the BC Institute, or as may otherwise be prescribed by Council.
[2007] |
| Y410/2 |
The experience requirement under Regulation Y300/1 may only be satisfied in accordance with Bylaw Y412. [2007]
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Application for Admission as a Member
| Y410/3 |
Not later than 12 months after the date on which a student has passed the UFE and completed the experience requirement, the student shall apply for admission as a member of the Institute.[2007] |
| Y410/4 |
The Membership Committee may, as it thinks fit, extend the time for a student to apply for admission as a member of the Institute under Regulation Y410/3.[2007]
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| Y410/5 |
If a student fails to apply for admission as a member of the Institute within the time required under Regulations Y410/3 and Y410/4, the Membership Committee may cancel the student’s enrolment.[2007] |
Appeals
| Y410/6 |
Any appeals initiated by students enrolled with CASB will be dealt with by CASB. [2007] |
Annual General Meeting
| Y504/1 |
The President shall act as Chair at all annual general meetings of the Institute and Council meetings. In the President's absence a Vice-President shall preside. In their absence a Chair shall be elected by a majority of those attending and entitled to vote. |
| Y504/2 |
Annual general meetings of the Institute may be adjourned by resolution of a majority of the members present in person. |
| Y504/3 |
The Chief Executive Officer or the Secretary may make any or all of the materials referred to in Bylaw Y503 available to members by:
- publishing the materials on the Internet, in a downloadable and printable format, on a World Wide Web site maintained by the Institute; and
- notifying all members of the Uniform Resource Locator (i.e. http:// address) for the World Wide Web site, and of any other information reasonably required for members to access the materials, by specifying that information in the notice of meeting delivered pursuant to Bylaw Y502
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Composition of Council
| Y510/1 |
The number of members to be elected to Council shall be 5. |
Election of Council
| Y523/1 |
Members of Council shall cease to hold office on:
- ceasing to hold the office of President of the Institute;
- ceasing to be a member in good standing of the Institute;
- delivering a resignation in writing to the Secretary of the Institute;
- becoming bankrupt, or making an assignment in bankruptcy or otherwise being declared insolvent; or
- being found to be mentally incompetent or becoming of unsound mind.
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| Y526/1 |
The nomination of a candidate for election as a member of Council is valid only if:
- it is in writing, signed by at least two members in good standing;
- the member who seeks to be the candidate consents in writing to the nomination; and
- the nomination and consent are delivered to the Institute within the time provided by Bylaw Y501.
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| Y526/2 |
Council shall be elected by ballots, whether the members voting are present at or absent from the meeting. |
| Y526/3 |
The ballots for an election of members to Council shall:
- list the names of candidates alphabetically;
- include instructions respecting the completion of the ballot and its delivery to the Institute, which may be by electronic means, if and as authorized by Council; and
- be in the form determined by Council. [2003]
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| Y526/4 |
A member who votes:
- shall vote in accordance with the instructions enclosed or published with the ballot; and
- may vote for any number of candidates up to the total number to be elected.
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| Y526/5 |
Ballots shall be:
- received by the Secretary before five o'clock in the afternoon of the last business day preceding the day of the annual general meeting;
- delivered to the Institute by electronic means, if and as authorized by Council, before five o'clock in the afternoon of the last business day preceding the day of the meeting; or
- delivered to the Chair of the meeting before the commencement of the meeting. [2003]
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| Y526/6 |
In an election of members to Council, the 5 candidates who receive the greatest number of votes shall be elected. |
| Y526/7 |
In the event that more than one candidate receives the same number of votes, a Vice-President, designated by the Chief Executive Officer, shall cast the deciding vote. |
| Y527/1 |
Where a member of Council ceases to hold office prior to expiration of the member's term of office, Council shall fill the vacancy from amongst the members. |
Special General Meeting
| Y542/1 |
The provisions of Regulations Y504/1, Y504/2, Y553/1 and Y553/2 apply to a special general meeting. |
Votings at Meetings, and Proxies
| Y553/1 |
An appointment of proxy shall be in the form approved by Council, and shall be:
- signed by the member and received by the Secretary before five o'clock in the afternoon of the last business day preceding the day of the annual general meeting;
- delivered to the Institute by electronic means, if and as authorized by Council, before five o'clock in the afternoon of the last business day preceding the day of the meeting; or
- signed by the member and delivered to the Chair of the meeting before the commencement of the meeting. [2003]
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| Y553/2 |
An appointment of proxy may only be revoked:
- by notice in writing signed by the member and received by the Secretary before five o'clock in the afternoon of the last business day preceding the day of the annual general meeting;
- by electronic means, if and as authorized by Council, before five o'clock in the afternoon of the last business day preceding the day of the meeting; or
- by notice in writing delivered to the Chair of the meeting before the commencement of the meeting. [2003]
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Special Vote
| Y562/1 |
Every matter that is put to a special vote of the members shall be decided by a majority of votes cast. Voting may be conducted by mail, telephone, facsimile, electronic means, or by any other means approved by Council. [2003] |
Standards of Professional Practice
| Y660/1 |
For the purpose of practice reviews the following are prescribed, pursuant to Bylaw Y660(iii), as standards of professional practice included within generally accepted standards of practice of the profession. |
| Y660/2 |
Members shall comply with the standards enunciated in Rule 206 of the Rules of Professional Conduct, which, for greater clarity, include:
- recommendations set out in the CICA Public Sector Accounting and Auditing Statements;
- in the case of clients subject to specific accounting or auditing requirements set by legislation or regulatory authorities, compliance with those requirements; for example, with respect to a law office trust account examination, the member would ensure compliance with the provisions of the Legal Profession Act and the Law Society of Yukon Rules governing trust accounts; and
- the CICA Handbook Recommendations, denoted in italic type, shall be considered the minimum standards to be followed by members. In addition to the Recommendations, the Handbook includes background material and suggestions as to other practices which are desirable. Members are strongly encouraged to adhere to those desirable practices
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| Y660/3 |
Members shall maintain sufficient documentation in their files to confirm the nature and extent of the work they have performed. At a minimum, members shall maintain the following documentation in their files:
- for audit and review engagements-
- particulars of the agreement with the client, normally an engagement letter, setting out the services to be provided by the member;
- evidence of matters subjected to enquiry and discussion with the client including, for example, a letter of representation signed by the client;
- a statement of the program of work performed, or a checklist completed with due care. Members are referred to CICA Accounting and Auditing Guidelines for guidance in this matter; and
- appropriate working papers.
- for compilation engagements-
- particulars of the agreement with the client, normally an engagement letter, setting out the services to be provided by the member; and
- appropriate working papers.
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| Y660/4 |
Approved firms, and members referred to in Bylaw Y625(i) who are responsible for the supervision and training of students employed by an approved organization, must maintain records showing, in reasonable detail, the disposition of each student’s time while employed by the approved firm or approved organization, and the type of work performed by the student. [2007]
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Professional Development
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Y1002/1
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Regulations made under Bylaw Y1002 do not apply to any members or category of members exempted by Council under Bylaw Y1003. [2003]
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Y1002/2
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Subject to Regulation Y1002/3, every member shall complete a minimum of 120 qualifying hours of continuing professional development in each three-calendar year period (“Period”) starting on January 1, 2008, which shall include a minimum of 20 qualifying hours in each calendar year during the Period. [2007]
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Y1002/3
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Every person who becomes a member during a Period shall complete a prorated qualifying hour requirement based on a three-year minimum of 120 hours, and the number of full months remaining in the Period after the person becomes a member, which shall include:
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a prorated minimum number of qualifying hours during the calendar year in which the person becomes a member, based on an annual minimum of 20 hours, and the number of full months remaining in that calendar year after the person becomes a member; and
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a minimum of 20 qualifying hours in each calendar year during the Period after the one in which the person becomes a member. [2007]
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Y1002/4
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A person may not carry qualifying hours from one Period over to the subsequent one. [2003]
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Y1002/5
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By January 31 of each year, every member shall file a compliance report with respect to the member’s continuing professional development during the previous calendar year. [2007]
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Professional Development Review Committee
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Y1011/1
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Where the Professional Development Review Committee is appointed under Bylaw Y1010 (i), it shall consist of not less than seven members. [2009]
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Y1011/2
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The Professional Development Review Committee:
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shall determine what courses and activities qualify as formal or informal programs of learning;
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shall determine the number of qualifying hours required in each course and activity;
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shall determine what constitutes a qualifying hour of participation in a course or activity;
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shall determine the compliance report to be filed by members;
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shall review compliance reports filed by members;
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may require a member to produce verification of the member’s compliance report; and
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may report a member’s failure to file a compliance report or to complete the minimum level of continuing professional development prescribed by Council:
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to the Professional Conduct Enquiry Committee; or
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to Council.
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