BILL NO. 140

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015



Government Bill



Public Accountants Act
(amended)



The Honourable Randy Delorey
Minister of Finance and Treasury Board



First Reading: November 27, 2015

(Explanatory Notes)

Second Reading: December 1, 2015

Third Reading: December 11, 2015 (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 amends the Public Accountants Act to

(a) add definitions of "designated body", "licensee", "Minister" and "Nova Scotia accounting body";

(b) replace the definitions of "public accountancy" and "public accountant"; and

(c) add persons who provide financial statement compilation services to the persons who are not affected by the Act.

Clause 2

(a) adds to the names that the Public Accountants Board of the Province of Nova Scotia may use; and

(b) gives the Board powers and capacity of a natural person.

Clause 3 revises the appointment process for members of the Board so that the Governor in Council determines the number of members to be either five or seven and makes all of the appointments.

Clause 4

(a) updates the Act to be gender neutral; and

(b) revises the appointment process to fill vacancies on the Board.

Clause 5 clarifies the purpose of the Board's powers and adds to them.

Clause 6

(a) removes references to specific months when Board meetings must be held; and

(b) updates the Act to be gender neutral.

Clause 7 provides additional authority to deal with vacancies in offices.

Clause 8 makes a consequential amendment to take into account that the number of Board members may be either five or seven.

Clause 9 revises the Board's obligations respecting the roll of public accountants so that the roll

(a) shows business addresses;

(b) is no longer changed if a person's residency in Canada changes; and

(c) must be published on the Board's website.

Clause 10

(a) adds by-law powers for the Board;

(b) adds a requirement for the Minister to consult respecting designating accounting bodies as "designated bodies";

(c) designates specified accounting bodies;

(d) provides for reviews of designated bodies;

(e) requires individuals to be licensed under the Act if engaged in the practice of public accounting; and

(f) requires the Board to establish a licensing committee to deal with licensing matters.

Clause 11 adds requirements respecting licensing under the Act.

Clause 12 provides complaint, discipline, appeal and reinstatement processes to deal with complaints respecting individuals licensed under the Act.

Clause 13

(a) replaces "public accountancy" with "public accounting"; and

(b) substitutes "individuals" for "persons".

Clause 14

(a) replaces the offence provisions in the Act to reflect amendments made by this Act and to add details respecting the laying of charges and penalties;

(b) provides for financial matters;

(c) updates the regulation-making powers in the Act to refer to the designation of accounting bodies;

(d) revises the signing authority in the Act to refer to "by-laws" rather than "regulations";

(e) provides greater detail respecting the service of notices and documents under the Act; and

(f) limits actions that may be brought in court with respect to duties under the Act

Clause 15 adds a consequential amendment to the Municipal Finance Corporation Act.

Clause 16 provides that this Act comes into force upon proclamation.

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An Act to Amend Chapter 369
of the Revised Statutes, 1989,
the Public Accountants Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 369 of the Revised Statutes, 1989, the Public Accountants Act, is repealed and the following Section substituted:

2 Section 3 of Chapter 369 is amended by

(a) adding "(1)" immediately after the Section number;

(b) adding "or PABNS" immediately after "Scotia" in the last line; and

(c) adding the following subsection:

3 Section 4 of Chapter 369 is repealed and the following Section substituted:

4 (1) Subsection 5(1) of Chapter 369 is amended by adding "or her" immediately after "his" in the second line.

(2) Subsection 5(2) of Chapter 369 is repealed and the following subsection substituted:

5 Section 6 of Chapter 369 is amended by

(a) striking out "The" in the first line and substituting "In order to enable the Board to maintain public accounting practice standards and protect the public interest, the";

(b) striking out clause (d) and substituting the following clauses:

(c) striking out the period at the end of clause (f) and substituting a semicolon; and

(d) adding immediately after clause (f) the following clause:

6 (1) Subsection 8(1) of Chapter 369 is amended by striking out "in January and July of each year" in the first and second lines.

(2) Subsection 8(2) of Chapter 369 is amended by adding "or she" immediately after "he" in the second line.

7 Section 10 of Chapter 369 is amended by

(a) adding "(1)" immediately after the Section number; and

(b) adding the following subsection:

8 Section 11 of Chapter 369 is amended by striking out "three" in the first line and substituting "a majority of the".

9 Section 13 of Chapter 369 is amended by

(a) adding "(1)" immediately after the Section number;

(b) adding "business" immediately after "and" in the second line;

(c) striking out "or cease to reside in Canada" in the first and second lines of clause (b); and

(d) adding the following subsection:

10 Chapter 369 is further amended by adding immediately after Section 13 the following Sections:

11 Section 14 of Chapter 369 is repealed and the following Sections substituted:

12 Sections 17 to 21 of Chapter 369 are repealed and the following Sections substituted:

13 (1) Subsection 22(1) of Chapter 369, as enacted by Chapter 30 of the Acts of 1994, is amended by striking out "accountancy" in the last line and substituting "accounting".

(2) Subsection 22(2) of Chapter 369, as enacted by Chapter 30 of the Acts of 1994, is amended by

(a) striking out "accountancy" in the second and third lines and substituting "accounting"; and

(b) striking out "persons" in the third line and substituting "individuals".

(3) Subsection 22(3) of Chapter 369, as enacted by Chapter 30 of the Acts of 1994, is amended by

(a) striking out "accountancy" in the third line and substituting "accounting"; and

(b) striking out "persons" in the third line and substituting "individuals".

14 Sections 23 to 30 of Chapter 369 are repealed and the following Sections substituted:

15 Subsection 23(1) of Chapter 301 of the Revised Statutes, 1989, the Municipal Finance Corporation Act, is amended by striking out "accountancy" in the third line and substituting "accounting".

16 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

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