Bank Act — B-1.01 847
Qualification of auditor 847 (1) A firm of accountants is qualified to be an auditor of a bank holding company if (a) two or more members thereof are accountants who (i) are members in good standing of an institute or association of accountants incorporated by or under an Act of the legislature of a province, (ii) each have at least five years experience at a senior level in performing audits of a financial institution, (iii) are ordinarily resident in Canada, and (iv) are independent of the bank holding company; and (b) the member of the firm jointly designated by the firm and the bank holding company to conduct the audit of the bank holding company on behalf of the firm is qualified in accordance with paragraph (a). Independence (2) For the purposes of subsection (1), (a) independence is a question of fact; and (b) a member of a firm of accountants is deemed not to be independent of a bank holding company if that member, a business partner of that member or the firm of accountants (i) is a business partner, director, officer or employee of the bank holding company or of any affiliate of the bank holding company or is a business partner of any director, officer or employee of the bank holding company or of any affiliate of the bank holding company, (ii) beneficially owns or controls, directly or indirectly, a material interest in the shares of the bank holding company or of any affiliate of the bank holding company, or (iii) has been a liquidator, trustee in bankruptcy, receiver or receiver and manager of any affiliate of the bank holding company within the two years immediately preceding the firm’s proposed appointment as auditor of the bank holding company, other than an affiliate that is a subsidiary of the bank holding company acquired pursuant to section 934 or through a realization of security pursuant to section 935. Business partners (2.1) For the purposes of subsection (2), a business partner of a member of a firm of accountants includes (a) another member of the firm; and (b) a shareholder of the firm or of a business partner of the member. Notice of designation (3) Within fifteen days after appointing a firm of accountants as auditor of a bank holding company, the bank holding company and the firm of accountants shall jointly designate a member of the firm who has the qualifications described in subsection (1) to conduct the audit of the bank holding company on behalf of the firm and the bank holding company shall forthwith notify the Superintendent in writing of the designation. New designation (4) Where for any reason a member of a firm of accountants designated pursuant to subsection (3) ceases to conduct the audit of the bank holding company, the bank holding company and the firm of accountants may jointly designate another member of the same firm of accountants who has the qualifications described in subsection (1) to conduct the audit of the bank holding company and the bank holding company shall forthwith notify the Superintendent in writing of the designation. Deemed vacancy (5) In any case where subsection (4) applies and a designation is not made pursuant to that subsection within thirty days after the designated member ceases to conduct the audit of the bank holding company, there shall be deemed to be a vacancy in the office of auditor of the bank holding company. 2001, c. 9, s. 183; 2005, c. 54, s. 129