Matters of potential incapacity are investigated by the Registrar, who may refer the matter to the Capacity Committee for a determination of whether the member is incapacitated. The Committee has the power to make a wide range of orders to rehabilitate the member, while protecting the public interest.
Capacity refers to the ability of a member to perform the necessary functions associated with the profession. A member may be incapacitated due to physical or mental illness, disorder or addiction.
The Capacity Committee is governed by the Chartered Professional Accountants of Ontario Act, 2017, the Statutory Powers Procedure Act, as well as the By-law of the CPA Ontario. Regulation 16-1 and the Rules of Practice and Procedure apply to how the hearing is held.
A final decision of the Capacity Committee may be appealed to the Appeal Committee.
The Capacity Committee also hears motions to reconsider its prior orders.
There are a number of preconditions to bringing a motion for reconsideration. Those conditions and the process for making a motion are found in Sections 32 to 35 in Regulation 16-1.
For further information about making a motion, please email the Tribunals Office