Depending on the issues raised in
a complaint, from time to time an investigator will be appointed in order to assist
the
discipline committee in its deliberation of complaints.
Investigators are formally appointed
by the
discipline committee. Investigators are selected on a rotating basis from
a pool of pre-qualified Investigators. Investigators are appointed based on a number
of factors including: expertise in forensic, accounting or other investigation;
familiarity with the discipline process and the
Code of Ethical Principles and Rules of Conduct; availability;
proven expertise in public accounting; and interviewing and report preparing skills.
Subject to having the aforementioned skills, any member of CGA Ontario is eligible
to be an investigator.
Consistent with the
discipline committee’s role as prosecutor at the
professional conduct tribunal
level, investigators may be called as witnesses at
professional conduct tribunal
hearings.
The Investigation
The investigator will be provided
with a copy of the complaint, the response, and any supporting documentation or
information. It is assumed, and the investigator will confirm, that he or she is
fully familiar with theCode of
Ethical Principles and Rules of Conduct.
The investigator is required to enter
into an investigator contract which contains specific direction regarding: appointment;
investigation (including standards); conflict of interest; confidentiality; training;
fees; term; termination; and appointment.
The investigator is to base his or
her investigation on the rule or rules from the
Code of Ethical Principles and Rules of Conduct
that the CGA or student is alleged to have breached. Through interviews and investigation
the investigator is to obtain the necessary evidence to allow the
discipline committee to make a determination as to whether there has been
an apparent infraction of the Code. This will be achieved through assessing documents,
witnesses, third party and other supporting information that may be relevant and/or
required in order to make an informed decision as to whether or not a breach has
occurred.