Bylaw and Rule Amendments

 

By Lynn Blackburn

On May 19, members were advised of a recent Board decision to amend the Bylaws and Rules of Professional Conduct in order to implement a requirement for members of the CIA to disclose any criminal convictions.

Background

As part of the ongoing desire to ensure that CIA members are considered leading professionals in Canada, the Board regularly looks at the CIA’s infrastructure, including its Bylaws, Rules of Professional Conduct, and policies, to ensure that they are sufficiently rigorous and consistent with other professions in Canada.

In early 2014, the CIA’s law firm Fasken Martineau DuMoulin made several recommendations for changes within the Institute to better support Guiding Principle #1, for the Board’s consideration. The Governance Committee (GC) was asked to investigate some of these recommendations.

The requirement to disclose a criminal conviction was at the top of the list and was pursued by the GC. Such a requirement is already imposed on other professions through their respective rules and/or legislation (e.g., Law Society of Upper Canada, Chartered Professional Accountants (CPA) of Ontario, all 45 professional orders in Québec). 

In November 2015, the Board reviewed draft proposed changes to the Bylaws, Rules of Professional Conduct, and several policies that were recommended in order to further support the principle behind Rule 11 of the Rules of Professional conduct which already stated that a member would be "subject to the CIA’s disciplinary procedures if the member is convicted or found guilty of or pleads guilty to any criminal or similar offence". The proposal would require that new applicants, as well as existing members of the Institute, disclose any past or future criminal convictions for review and assessment by the Institute. The Board approved the proposed changes for release to the membership for consultation.

 

In March 2016, the Board discussed the results of the member consultation and, with a few modifications to the proposal, decided to proceed with implementation. The next steps in the formal approval process were then initiated.

On April 26, 2016, the Board approved the proposed amendments in principle, which would further strengthen Rule 11 with the addition of a disclosure requirement. This new requirement will enable the CIA, as the professional actuarial body in Canada, to become aware of a criminal conviction of one of its members and more promptly assess and determine if such information impairs the professional’s ability to provide professional services, thus enhancing the CIA’s ability to protect the public interest.

On May 16, 2016, the Board formally approved the proposed amendments, including the use of proxy voting for members to confirm the amendments. On May 19, the amendments were released to members for confirmation at the Annual Meeting in St. John’s, NL on June 28–29, 2016.

On May 30, 2016, a webcast was held with the leadership in order to provide members with an opportunity to better understand the changes and ask questions. If you were not able to attend, you may access a recording of the webcast.

Documents

The material below provides you with the detailed amendments that have been approved by the Board, and which now require member confirmation. The process and procedural information you will need to cast your vote on the proposed amendments, prior to or at the June 2016 CIA Annual Meeting in St. John’s, NL, is also included. You may also access this information on the CIA website, once logged in to the members’ site, under Organization>Amendments.

1. Memorandum to Members: Proposed Amendments Related to the Disclosure of Criminal Convictions.

2. Amending Bylaw No. 2016–1: Disclosure of Criminal Convictions (Bylaws and Rules of Professional Conduct). Also, see Appendix A and Appendix C.

3. Policy on Disclosure of Criminal Convictions.

4. Policy on Qualification Requirements.

5. Policy on Waiving Membership Dues.

6. Instructions for Voting (Electronic Proxy and Live) and Use of the Amendments Listserver—Timetable for the Next 40 Days.

7. May 30 Webcast Recording.

8. Annual Meeting Registration.

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

Canadian Institute of Actuaries/Institut canadien des actuaires
http://www.cia-ica.ca/