The Crown appealed an acquittal entered on appeal from a provincial offences conviction for practising as a public accountant without a licence.
The court held that a Certified General Accountant who prepared a stub financial statement for a share purchaser, and financial statements knowingly used by a bank, fell outside the management-accountant exemption in s. 34 because he had actual knowledge that third parties would use and rely on the statements.
The court further held that preparation of corporate income tax returns and attached financial statements did not constitute practising as a public accountant because the representations were those of the taxpayer, not the preparer.
A vagueness challenge to the statutory scheme under s. 7 of the Charter failed.
The acquittal was set aside and the conviction restored.
