Any member of the public, CGA Ontario member or student in
the CGA Ontario program of professional study (“student”) may file a
complaint against a CGA in good standing or a currently enrolled student. The complaint
must ultimately be reduced to writing, although it can be initiated through a number
of sources (e.g., a letter, online, verbal, through self-regulation, peer review,
the Canada Revenue Agency or the police).
Initial Review
A complaint is initially reviewed by a member of the discipline department’s staff.
During the intake process:
- The specifics of the complaint is summarized on a draft
complaint form that will ultimately, if the matter is properly the subject of possible
discipline, constitute the formal complaint.
- An initial assessment is made regarding jurisdiction.
The draft complaint is then forwarded to CGA Ontario’s legal staff. CGA Ontario’s
legal staff then determines if there is proper jurisdiction. If there is no jurisdiction
the complainant is advised and no further disciplinary action is taken. If there
is jurisdiction the matter proceeds.
Formal Complaint and Response
If there is jurisdiction, the matter proceeds to a formal complaint (please see
complaint form).
The nature and consequences of the complaint are finalized with the complainant
and the formal complaint and any relevant attachments are sent to the respondent
along with a response form.
Both the complainant and respondent are advised of the discipline process; the impact
of failing to respond on a timely basis; and requirement for full disclosure.
A copy of the complaint is then delivered to the complainant with advice as to his
or her ability to add information to the complaint.
The respondent has 21 calendar days to provide a formal response to the complaint.
During and following the 21-day period, additional relevant information may be collected,
and if necessary, an investigation takes place.
If the respondent fails to respond to the complaint within the required 21 days,
the respondent receives a warning letter and is given a further seven calendar days
to respond. The respondent is reminded that his or her failure to respond will result
in the discipline committee concluding that the content of the
complaint is true and thereafter proceed on the basis of the complaint, and that
failure to respond without a reasonable explanation constitutes a breach of the
Code of Ethical Principles and Rules of Conduct in and of itself.
If following this there is no response within seven days, the complaint proceeds
to the discipline committee as is.
If either within the 21-day period or the subsequent seven-day period the response
is received:
- CGA Ontario’s legal representative
updates the cComplaint and attaches the response.
- CGA Ontario’s legal representative
performs any required follow-up (such as appointing an investigator in more complicated
matters or obtaining further information) based on the response or post-complaint
activity.
- Any new issues are addressed.
- A letter is sent to the complainant
for follow-up and comment. The complainant must respond within 14 days (or earlier
is there is an urgency due to a
discipline committee
meeting being scheduled within that 14-day period).
- The matter then proceeds to the discipline
committee.
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