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ARTICLE · 25 JANUARY 2023

Why Volunteering To Resign Won't Necessarily Allow You To Avoid Discipline

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An accountant who volunteered to resign from his profession to avoid a disciplinary hearing has been denied relief by Alberta's Court of King's Bench.

CanadaEmployment and HR
Sharon Au
Sharon Au
Katelyn Jones
Katelyn Jones
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An accountant who volunteered to resign from his profession to avoid a disciplinary hearing has been denied relief by Alberta's Court of King's Bench.

In Sturt v Chartered Professional Accountants of Alberta, 2022 ABKB 801, the Court dealt with whether the Chartered Professional Accountants of Alberta (the "CPA Regulator") was obliged to accept a registrant's offer to resign from practice in return for avoiding disciplinary proceedings. Sturt, the accountant, was being investigated for allegedly misappropriating funds from a former client.

Registrants and regulators often enter into "sanctions agreements" that can involve the registrant voluntarily resigning from practice in exchange for avoiding a disciplinary hearing. Agreements of this nature are generally within the discretion of the regulatory body, which must consider the appropriateness of the settlement in the circumstances, weighing the necessity to protect the integrity of the disciplinary process and

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