CIA (e)Bulletin/(e)Bulletin de l'ICA
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June 2016
 
 

Motion Carried by CIA Voting Members—Amending Bylaw 2016–1 Regarding the Disclosure of Criminal Convictions

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By Lynn Blackburn

Voting members of the CIA approved Amending Bylaw 2016–1 regarding the disclosure of criminal convictions. The motion to approve the bylaw was carried as follows:

  • For: 561 (57 percent);
  • Against: 371 (38 percent); and
  • Abstention: 53 (5 percent).

On May 16, 2016 the Board approved changes to the Bylaws, Rules of Professional Conduct, and policies related to the implementation of a new requirement for existing members, as well as applicants to the Institute, to disclose any criminal convictions.

The amendments were the culmination of a review and consultation process that began in 2014 when the CIA’s law firm, Fasken Martineau DuMoulin, made several recommendations regarding potential enhancements to the CIA’s ability to better protect the public interest.

The firm asked the Board to consider implementing a requirement to disclose criminal convictions, in order to assess and determine if such information impairs the actuary’s ability to perform professional services, thus enhancing the CIA’s ability to protect the public interest and better support Guiding Principle #1, which states that "In carrying out its activities and programs, the Institute holds the duty of the profession to the public above the needs of the profession and its members."

Pursuant to the Bylaws, CIA voting members were asked to confirm the proposed amendments at the General Business Session (GBS) held at the CIA Annual Meeting in St. John’s, NL on June 28, 2016. Proxy voting was also permitted for those who could not attend the GBS, and 836 members exercised that privilege in advance of the meeting. Another 149 members cast their vote in person at the GBS for a total of 985 votes cast.

Impact of the Amendments
 
As of September 1, 2016, all new applicants to the Institute will be required to disclose all past convictions, for which they have not received a record suspension (formerly a pardon), upon application for enrolment.

Also as of September 1, 2016, existing members who are not fully retired will be required to disclose a criminal conviction that occurs on or after this date, within 30 days of the date of the conviction.

As a transitional measure, existing members who are not fully retired will be required to disclose all past criminal convictions (occurring before September 1, 2016) for which they have not received a record suspension, to the Institute no later than July 1, 2017. This will allow members who have a criminal conviction on their record some extra time to apply for a record suspension, if they are eligible, which would be taken into consideration as the CIA assesses the conviction.

Later this summer, the Institute will release more information on the process and procedures to follow to disclose a criminal conviction.

If you have any questions regarding the new requirements, please contact me at lynn.blackburn@cia-ica.ca.

Lynn Blackburn is the director of professional practice and volunteer services at the CIA.

 

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