Defending a CPA Ontario Matter
Two features shape everything here: costs are uncapped and include the investigation, and there is no appeal to a court from the Appeal Committee.
Start My Enquiry →Two features shape everything here: costs are uncapped and include the investigation, and there is no appeal to a court from the Appeal Committee.
Start My Enquiry →Investigation | Discipline | Appeal | Costs
Under the Chartered Professional Accountants of Ontario Act, 2017, which came into force on 17 May 2017 and repealed the three predecessor statutes the same day. A complaint or a self-report goes to the Professional Conduct Committee, which the by-law identifies as the complaints committee referred to in the Act. It investigates and decides whether to lay a formal allegation before the Discipline Committee. A finding there can be appealed to the Appeal Committee, which applies a deferential standard, and from that point the only route is judicial review rather than a statutory appeal. Two features drive strategy. The first is costs: they are uncapped and can include the cost of the investigation, which regularly makes them the largest financial consequence by a wide margin. The second is section 63, which keeps records, documents and statements from the proceeding out of later civil litigation, a genuine protection that most Ontario regulators do not offer.
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The Professional Conduct Committee is the investigating and screening body. It has not been renamed, though there is a terminology gap worth knowing: the Act speaks of the complaints committee, while the by-law and regulations call it the Professional Conduct Committee. They are the same body.
If it lays an allegation, the matter goes to the Discipline Committee for a hearing. A finding may then be appealed internally to the Appeal Committee. The regulations governing both committees were amended with effect from 1 April 2025 and the Rules of Practice and Procedure in December 2025, though the organisation publishes consolidated documents without redlines, so precisely what changed is not something anyone outside can state with confidence.
The Code of Professional Conduct itself has not moved. The version in force still dates from February 2016, and the separation from the national body, effective at the end of 2024, changed nothing structural in the discipline process.
In most Ontario regulatory regimes the fine is the headline and costs are secondary. Here it is the other way around. Costs are uncapped and can include the cost of the investigation, not merely the hearing, and the investigation is often the longest and most expensive part of the process.
That changes the arithmetic of every decision. A contested hearing on a point of principle can cost far more in costs exposure than the sanction it avoids. Conversely, an early resolution has a value that is invisible if you are only comparing the proposed penalties.
It also means the costs position should be negotiated, not simply accepted as a consequence of the outcome. Where a matter resolves by agreement, what is said about costs is as much a term of that agreement as the finding and the sanction.
Professionals often believe that what they tell an investigator cannot be used against them elsewhere. For most Ontario regulators that belief is simply wrong. Here it is largely right, and the difference is worth being precise about.
Section 63 provides that no record of a proceeding under the Act, and no document or thing prepared for or statement given at such a proceeding, and no decision or order, is admissible in a civil proceeding. That is a real protection and it is unusual.
It should not be confused with section 62, which is a different thing. Section 62 protects the organisation’s own people from being compelled to testify or produce the investigation file in other proceedings. Almost every regulator has a provision like that, and it protects the regulator, not you. Section 63 is the one that protects you, and it is the exception rather than the rule.
Two limits are worth knowing at the outset because they cut both ways. The organisation may proceed within six years of discoverability, which is longer than the two year period that governs several other Ontario regulators and long enough that historic matters remain live.
It also retains jurisdiction over former members for six years. Resignation is therefore not an exit. A member who resigns in the hope that a matter will fall away is likely to find it continuing without them, and without the ability to participate as a member.
The practical point is that both the timing of any resignation and the timing of a resolution are strategic questions rather than administrative ones. Where a member is leaving practice anyway, the sequence in which things happen can materially change what ends up on the public record.
The Appeal Committee reviews on a deferential standard rather than rehearing the matter, and there is no statutory appeal from it to a court. What remains is judicial review, which is a narrower remedy on narrower grounds and is not a second look at the merits.
The consequence is that the first hearing is close to decisive. In regimes with a full appeal to the Divisional Court there is room to treat the first instance as a stage. Here there is much less.
That should change where the effort goes. The evidence, the admissions, the expert material and the position on costs all need to be right the first time, because the opportunities to correct them afterwards are limited and the standard applied to them is not generous.
If you have had a letter from the Professional Conduct Committee, the costs exposure and the six year window are the two things to understand before you reply. Send us the letter.
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