Find the answers to your questions in our frequently asked questions (FAQs) below.
Conciliation of accounts
Conciliation of accounts
The conciliation of accounts is a voluntary process. The Office of the syndic acts an intermediary to facilitate communication between the parties. It may not require the CPA to lower or cancel the fees in dispute or force the client to accept an agreement.
Opening a conciliation of accounts file
- The invoice must have been issued by a CPA or a firm led by CPAs;
- The invoice may not be the subject of any legal recourse aimed at recovering the amount charged;
- The invoice must not have been paid. If it has been paid in whole or in part, the conciliation must be applied for within 45 days of receiving the invoice.
- For example, if the invoice was received on June 30 and paid on August 31, whereas the application for conciliation was filed on September 1, the application for conciliation will not be accepted.
Only clients of CPAs may apply for a conciliation of accounts.
No, fees are charged for the conciliation of accounts service.
What are CPAs allowed to charge?
The fees charged must be fair and reasonable. They are not subject to any specific schedule or scale. Fees are set based on the following factors:
- the time required to provide the professional service;
- the complexity and importance of the service;
- the performance of unusual services or services requiring exceptional competence or speed;
- the experience or expertise of the CPA;
- the importance of the responsibility assumed.
Other factors, such as the structure of the firm and the range of services it offers, may also play a role in how the fees are set.
Nothing prohibits CPAs from charging fees for telephone conversations or meetings.
Reasonable fees may be charged for providing or transferring documents to another professional.
The conciliation of accounts process
Under the Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des comptables professionnels agréés du Québec, if the conciliation does not lead to an agreement within 60 days from the date of receipt of the application for conciliation, the file is closed and a report is sent to the parties. However, this is not a compulsory time limit
- Each party fills out a questionnaire.
- The applicant must specify what they feel is a fair value for the work done by the CPA.
- A representative of the Office of the syndic, who acts as a conciliator, communicates by telephone or email with each party to see if an agreement can be reached.
- The parties do not have to communicate directly with each other, but they are not prohibited from doing so.
- The conciliation of accounts is a confidential process: Only the parties involved (client and CPA) and the staff members of the Office of the syndic are privy to the information.
What is not covered by the conciliation of accounts process
No. The application for conciliation could potentially break the bond of trust and end the relationship between the client and CPA. However, if there are diligence issues, a request for an inquiry may be submitted to the Bureau of the syndic.
No, the conciliation process does not allow for the client to be compensated if a CPA has committed a professional fault or caused damage.
No. The conciliation of accounts process is solely aimed at reaching an agreement on the amount of fees that have been charged.
Visit our website to find out more about your potential recourses if you believe that a CPA:
- has failed in their ethical obligations or violated the law;
- has used funds inappropriately;
- has committed an error that has caused you monetary damage.
Closing a conciliation of accounts file
No. The agreement is final: It is a transaction within the meaning of the Civil Code of Quebec
If an agreement cannot be reached, the client may apply for an arbitration of the account within 20 days of receiving the report.
Yes, once the 20-day period has expired.
Arbitration of accounts
To ensure that this process is independent, it is managed by the Records Department and not by the Office of the syndic.
The arbitrator’s role
- One or three arbitrators (if the amount in dispute is higher than $15,000).
- The arbitrator, who does not work at the Order, is a CPA who has experience in all of the profession’s areas of expertise.
In addition to issuing the arbitration award, the arbitrator hears any dispute relating to a CPA’s statement of account, receives documents submitted as evidence by the parties, and analyzes them. The arbitrator may act as an amiable compositeur before or during a hearing.
Opening an arbitration of accounts file
Yes, a statement of fees that has not been considered in a conciliation process may not be included in an arbitration process afterward.
This recourse is reserved for clients of CPAs.
No, unless you have obtained authorization from the CPA.
Yes. However, you will need to provide reasons for submitting your application after the prescribed period of time. The chair of the Council for the arbitration of accounts will decide whether your application is accepted.
No, this signature is mandatory. If you have difficulty finding a commissioner for oaths, we suggest that you visit the Justice Québec website. A notary or a lawyer can also administer oaths for you.
Conciliation of accounts vs arbitration of accounts
Arbitrators are not required to consider these discussions. The Council for the arbitration of accounts is not bound by the conciliation report prepared by the Office of the syndic’s representative.
No, since these are two separate processes and the Office of the syndic does not participate in the arbitration process.
No, only applications involving a dispute regarding a CPA’s statement of fees may be referred to the Council for arbitration.
Agreement between the parties
- If the file has not yet been referred to the Council for arbitration, the agreement is recorded in writing and entered in the file with a view to closing it.
- If the file has been referred to the Council for arbitration, the agreement will be recorded in an arbitration award and sent to the parties in view of closing the file.
Documents forwarded in connection with an arbitration hearing
No. Given that these two processes are separate and that the conciliation process is confidential, the client and the CPA must provide written authorization if they wish for the conciliation file to be forwarded to the arbitrator and the opposing party.
Yes, all documents sent to the Records Department are included in the arbitration file and shared with the other party and the arbitrator so that everyone has the same documents on hand during the hearing.
Two weeks before the hearing, a secure link to the Records Department’s electronic file is sent to the parties so that they can upload all desired documents to it. Although it is possible to file documents the same day of the hearing, if a party does so, the arbitrator may find it justified to grant a request to postpone the hearing if he or she deems it necessary.
Yes, the Council for arbitration may demand that parties submit to it a statement of their claims along with all files, documents or information it considers necessary to decide the dispute.
The arbitration hearing
Yes, a management conference may be requested by the Council for arbitration or by a party. A number of issues may be considered during this meeting, such as the number of witnesses that each party will present, the estimated length of their testimonial, the period of time scheduled for the hearing, the submissions that the parties intend to file in support of their claims, the hearing date, etc.
Pre-hearing applications (e.g. application for postponement of the hearing) will be heard first before considering the merits of the application for arbitration.
The Council for arbitration will then hear the claimant’s (the client’s) evidence before hearing the respondent’s (the CPA’s) evidence. At the evidence stage, the parties may make their representations, submit documents, present witnesses and cross-examine the opposing party’s witnesses. The parties will conclude their respective applications by presenting their oral submissions.
- The arbitration hearings are recorded by the Records Department solely for the purpose of keeping a record of the proceedings. Nevertheless, the parties may obtain an audio recording. It should be noted that the recorded hearing is kept for up to 30 days from the date on which the file is closed.
- The parties may also hire, at their expense, a stenographer to record the hearing.
Yes, your presence is required to make your representations and file any document in support of your claims.
If one of the parties is absent, without valid a reason, the Council for arbitration may proceed in its absence and render an arbitration award afterward.
Each party may be assisted by a lawyer.
Given that the hearing is confidential, the parties may not be accompanied by a person other than a lawyer, unless the Council for arbitration authorizes it.
Yes. However, each party, and not the Records Department, is responsible for convening its witnesses to appear before the Council for arbitration on the scheduled date of the hearing.
Yes. However, the Council for arbitration has the power to accept or reject the application for postponement based on the submitted reasons.
The application for postponement must be sent by email to the Records Department as soon as possible.
Arbitration award and potential costs
The Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des comptables professionnels agréés du Québec stipulates that the Council for arbitration must issue its award within 45 days of the end of the hearing.
Please note that the 45-day period is not a compulsory time limit and that it may take longer in some cases for the award to be issued. Where applicable, the Records Department will notify you of the situation.
The Council for arbitration can maintain or decrease the amount of the account in dispute and/or determine whether a party is entitled to be reimbursed or receive a payment.
There is no charge to submit an application for arbitration. However, a party may be required to pay up to 15% of the amount in dispute in the arbitration for expenses incurred by the Order to hold it (e.g. renting a room for the hearing). Furthermore, the Council for arbitration may, based on certain criteria, add interest and an indemnity.
No. The arbitration award is final and binding.
No, the Council for arbitration and the Records Department may not advise the parties in any way whatsoever or intervene with a party that does not comply with the award. The parties are responsible for consulting a lawyer as needed.
