The Bylaws under the APA are approved by the CPA Saskatchewan Board. The APA sets out what matters must be dealt with by Bylaw and includes matters related to governance, standards and regulation of registrants.
The Board has general authority under subsection 8(1) to govern and manage the regulation of registrants and specific authorities such as registration and licensing under section 17. However, the only provision that explicitly enables the board to make bylaws is subsection 14(1) “for purposes set out in section 15”. Also the board cannot delegate authority to make bylaws.
The process for making and filing bylaws is prescribed in The Accounting Profession Act in Sections 14 and 16, respectively.
- The Board makes bylaws, with a two-thirds (2/3) majority of the Board.
- Bylaws come into force and effect as follows:
- A regulatory bylaw - when approved by the Minister of Finance and published in the Gazette. If no advice has been received from the Minister within 90 days of receiving copies, the regulatory bylaw is not approved.
- An administrative bylaw - after the day it is filed (with the Director of Corporations) or the date specified in the bylaw (whichever is later). Administrative bylaws or amendments to administrative bylaws not filed within 30 days are revoked.
- Once the bylaws are made, the registrar must notify registrants within 150 days. If this is not done, a bylaw is not invalidated.