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SNL1999 CHAPTER L-9.1

LAW SOCIETY ACT, 1999

Amended:

2001 cN-3.1 s2; 2004 c36 s22; 2004 c48; 2005 c20; 2008 c17;
2013 c16 s25; 2013 c21

CHAPTER L-9.1

AN ACT TO REVISE THE LAW RESPECTING THE LAW SOCIETY OF NEWFOUNDLAND

(Assented to December 14, 1999)

Analysis


       
1.   Short title

       
2.   Definitions

              PART I
THE LAW SOCIETY

       
3.   Society continued

       
4.   Visitors

       
5.   Powers

       
6.   Continuation of benchers

       
7.   Composition of benchers

       
8.   Appointing lay benchers

       
9.   Annual election

     
10.   Entitlement to vote

     
11.   Eligibility

     
12.   How vote held

     
13.   Term of office

     
14.   Annual vacancies

     
15.   When term begins

     
16.   Resignation

     
17.   Convocations

     
18.   Powers of benchers

   
18.1   Annual report

     
19.   Special funds

     
20.   President and vice-president

     
21.   Duty of president

     
22.   Duty of vice-president

     
23.   Executive committee

     
24.   Annual general meeting

     
25.   Special general meeting

     
26.   Quorum

     
27.   Effect of resolution

     
28.   Roll and register

     
29.   Enrolment and removal

     
30.   Resignation from society

     
31.   Judicial appointments

     
32.   Non-practising members

     
33.   Right to practise law

     
34.   Enrolment as solicitor

     
35.   Education committee

     
36.   Rep. by 2004 c48 s15

     
37.   Rep. by 2004 c48 s15

     
38.   Appeal

     
39.   Special admissions

     
40.   Interjurisdictional law firms

              PART II
DISCIPLINE PROCEEDINGS

     
41.   Definitions

     
42.   Committees

     
43.   Allegation

     
44.   Effect of filing allegation

     
45.   Complaints authorization committee

     
46.   Adjudication tribunal

     
47.   Hearing

     
48.   Copies of books, etc. as evidence

     
49.   Guilty plea by respondent

     
50.   Powers of adjudication tribunal

     
51.   Filing and publication of decisions

     
52.   Disbarment and suspension

     
53.   Failure to comply

     
54.   Reinstatement and readmission

     
55.   Costs of the society

   
55.1   Collection of fine

   
55.2   Appeal

   
55.3   Application of Part to professional law corporations

              PART III
CLIENT'S PROPERTY

     
56.   Definitions

   
56.1   Order against a professional law corporation

     
57.   Appointment of custodian

     
58.   Seizure by sheriff

     
59.   Powers of judge re client's property

     
60.   Notice to public

     
61.   Delivery of property

     
62.   Solicitor's lien

     
63.   Taxation of costs and fees

              PART III.1
PROFESSIONAL LAW CORPORATIONS

   
63.1   Definitions

   
63.2   Professional law corporation

   
63.3   Authority of law corporation to practice law

   
63.4   Corporate license

   
63.5   Liability of shareholders and others

   
63.6   Voting agreements with non-members prohibited

   
63.7   Application of Act or rules unaffected

   
63.8   Solicitor-client relationships preserved

   
63.9   Effect of discipline

 
63.10   Liability for misconduct of corporation

 
63.11   Interpretation

              PART IV
LAW FOUNDATION

     
64.   Foundation established

     
65.   Composition of board

     
66.   Vacating office

     
67.   Objects and powers of board

     
68.   Liability for trust money

     
69.   Duty to maintain trust account

     
70.   Saving

   
70.1   Unclaimed trust funds

     
71.   By-laws

              PART V
GENERAL PROVISIONS

     
72.   Protection

     
73.   Communications

     
74.   Recovery of fees

     
75.   Fees, levies, assessments, etc.

     
76.   Authority to practise law

     
77.   Employment of suspended or disbarred member

     
78.   Branch offices

     
79.   Offences

     
80.   Injunction

     
81.   Notice of standing

   
81.1   Consultation

     
82.   Rep. by 2008 c17 s12

     
83.   Commencement



Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Law Society Act, 1999 .

1999 cL-9.1 s1

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Definitions

        2. (1) In this Act

             (a)  "bencher" refers to a person who serves on the governing body of the society and the expression "the benchers" refers to the governing body of the society;

         (a.1)  "executive director" means the executive director of the society;

             (b)  "foreign jurisdiction" means a foreign country or, in the case of a foreign country that is a federation of internal jurisdictions in which the legal profession is regulated by the internal jurisdictions, one of its internal jurisdictions;

             (c)  "former Act" means the Law Society Act ;

             (d)  "interjurisdictional law firm" for the purpose of section 40, means a law firm

                      (i)  that maintains an office in the province together with an office in a foreign jurisdiction or in another Canadian jurisdiction, or both, and

                     (ii)  in which not all the partners, or in the case of a professional law corporation, not all the voting shareholders, are qualified to practise law in the province;

             (e)  "law firm" means a partnership, a professional law corporation that has 2 or more voting shareholders or another joint arrangement carrying on, or holding out to the public its willingness to carry on, the practice of law;

          (e.1)  "licence" means a licence issued to a professional law corporation under section 63.4;

             (f)  "member" means a person enrolled as a member of the society who has not been struck off the roll of the society, and a "member in good standing" refers to a member whose fees, levies and assessments are current and who has not been suspended;

          (f.1)  "professional law corporation" means a corporation that is licensed under this Act ;

             (g)  "rules" means rules, regulations or by-laws made by the benchers of the society under authority vested in them under this Act;

             (h)  [Rep. by 2004 c48 s1]

              (i)  "society" means the Law Society of Newfoundland and Labrador ;

              (j)  "student" means a student-at-law who is bound by a written contract, known as "articles", to serve with a member and who is entered on the register of students of the society; and

             (k)  "voting shareholder" means a person who has the legal and beneficial ownership of one or more voting shares.

             (2)  For the purpose of this Act, the practice of law includes

             (a)  acting as a barrister or solicitor;

             (b)  appearing as counsel or advocate;

             (c)  drawing, preparing, revising or settling,

                      (i)  articles under the Corporations Act , or an application, statement, affidavit, minute, resolution, bylaw or other document relating to the incorporation, registration, organization, reorganization, dissolution or winding up of a corporation,

                     (ii)  a document for use in, or relating in any way to, a proceeding, judicial or extra-judicial,

                    (iii)  a will, deed of settlement, trust deed, power of attorney, testamentary document or a document relating to the estate of a deceased person, or

                    (iv)  a document relating to real or personal property which is intended, permitted or required to be registered, recorded or filed in a registry or other public office;

             (d)  doing an act or negotiation for the settlement of, or settling, a claim or demand for damages;

             (e)  agreeing to place at the disposal of another person the services of a barrister or solicitor;

             (f)  providing legal advice;

             (g)  the making of an offer to do anything referred to in paragraphs (a) to (f);

             (h)  the making of a representation by a person that the person is qualified or entitled to do anything referred to in paragraphs (a) to (f); and

              (i)  the making of a representation by a person that the person is a member or student,

but it does not include

              (j)  the drawing or preparing of an instrument by a public officer in the course of his or her statutory duty;

             (k)  the lawful practice of a notary public;

              (l)  the usual business carried on by an insurance adjuster who is licensed under the Insurance Adjusters, Agents and Brokers Act ;

           (m)  agreeing to do something referred to in paragraph (e), where the agreement is under a prepaid legal services plan or other liability insurance program;

             (n)  the preparation, execution and delivery by real estate agents of formal agreements of sale negotiated by them; or

             (o)  the doing of other acts expressly authorized by this Act or the rules.

1999 cL-9.1 s2; 2004 c48 s1; 2005 c20 s1; 2013 c21 s1

PART I
THE LAW SOCIETY

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Society continued

        3. The Law Society of Newfoundland is continued as a corporation.

1999 cL-9.1 s3

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Visitors

        4. The judges of the Supreme Court continue to be visitors of the society.

1999 cL-9.1 s4

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Powers

        5. For the purpose of this Act, the society has all the powers and capacity of a natural person.

1999 cL-9.1 s5

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Continuation of benchers

        6. The benchers of the society continue to be the governing body of the society.

1999 cL-9.1 s6

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Composition of benchers

        7. (1) The benchers consist of

             (a)  elective benchers;

             (b)  [Rep. by 2013 c16 s25]

             (c)  honorary benchers; and

             (d)  appointed benchers.

             (2)  The elective benchers are:

             (a)  2 members in good standing and practising and resident in the Western District, that is, the area of the province that comprises all that part of the Island of Newfoundland lying west of a line drawn from Robert's Arm in Green Bay to Hermitage Bay ;

             (b)  one member in good standing and practising and resident in the Labrador District, that is, the area of the province that comprises all of the mainland portion of the province known as Labrador ;

             (c)  2 members in good standing and practising and resident in the Central District, that is, the area of the province that comprises all that part of the Island of Newfoundland lying east of a line drawn from Robert's Arm in Green Bay to Hermitage in Hermitage Bay exclusive of the Avalon Peninsula; and

             (d)  12 members in good standing and practising and resident in the Eastern District, that is, the area of the province that comprises the Avalon Peninsula.

             (3)  The honorary benchers are former treasurers or presidents of the society who are members in good standing.

             (4)  The appointed benchers are the 4 persons appointed under section 8.

1999 cL-9.1 s7; 2004 c48 s2; 2013 c16 s25

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Appointing lay benchers

        8. (1) There shall be a committee, referred to as the appointing committee, composed of

             (a)  the Chief Justice of the Trial Division, or a judge of the Trial Division designated by him or her, who shall be chairperson of the committee;

             (b)  the Minister of Justice or his or her designate; and

             (c)  2 persons, not being members or persons having a degree in law, to be appointed by the Chief Justice of the Trial Division after consultation with the Minister of Justice,

who shall select and appoint as benchers of the society 4 persons who are not members but who are resident in the province and suitable to represent the point of view of those throughout the province who may need or use the services of the members.

             (2)  An appointment as a bencher under subsection (1) is for a maximum term of 4 years but he or she may be reappointed upon the expiration of his or her term.

         (2.1)  Notwithstanding subsection (2), where the term of office of a person appointed as a bencher under this section expires, the person continues to be a bencher until he or she is reappointed or his or her successor is appointed.

             (3)  The appointments of persons under subsection (1) shall be made by the appointing committee before the day set for the election of elective benchers in a year in which an appointment shall be made under that subsection.

             (4)  Where a person appointed as a bencher under this section dies or is unable or unwilling to fulfil his or her term of office, the appointing committee may appoint another person to fill the vacancy and serve as a bencher for the remainder of the term.

             (5)  An appointed bencher shall be paid out of the funds of the society those reasonable daily allowances that the benchers may prescribe to defray his or her expenses in attending meetings of the benchers.

1999 cL-9.1 s8; 2008 c17 s1

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Annual election

        9. (1) An election of elective benchers shall be held every year as provided in this Act.

             (2)  Every member in good standing on the date that nominations close for election of benchers may vote at an election of benchers in that year.

             (3)  Following May 1 in each year the vice-president shall prepare an alphabetical list of the persons entitled under subsection (2) to vote at the election of benchers in that year, referred to as the "voting list".

             (4)  A member may, at a reasonable time, examine the voting list at the office of the vice-president.

             (5)  Where a person entitled to vote complains in writing to the president before the day on which the election for benchers takes place of the improper inclusion or omission of a name from the voting list, the vice-president shall immediately inquire into the complaint and, if it is in his or her opinion well founded, the vice-president shall rectify the voting list.

1999 cL-9.1 s9; 2004 c48 s3

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Entitlement to vote

      10. A person whose name is not on the voting list on the day on which the election for benchers takes place is not entitled to vote.

1999 cL-9.1 s10

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Eligibility

      11. A person who is a member in good standing and whose name is on the voting list on the day on which the election for benchers takes place is eligible for election as a bencher.

1999 cL-9.1 s11

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How vote held

      12. (1) The benchers may make rules governing the election of benchers.

             (2)  Voting for the election of benchers shall be held in the manner provided by the election rules.

1999 cL-9.1 s12

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Term of office

      13. (1) An elective bencher holds office for a term of 4 years but a bencher is eligible for re-election after the expiry of his or her term of office.

             (2)  Where an elective bencher holds office for a period of 8 consecutive years the bencher stops being eligible for election as a bencher until the expiration of 12 months from the year in which he or she last held office as a bencher.

1999 cL-9.1 s13

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Annual vacancies

      14. (1) In each year 4 elective benchers and one appointed bencher shall cease holding office.

             (2)  Where in a year there are fewer than 4 elective benchers whose term of office expires in that year, the benchers shall designate the elective benchers whose term of office expires in the next following year and those elective benchers shall by lot determine who among them will retire in order to ensure that 4 elective benchers will cease holding office in that year.

             (3)  The term of office of those elective benchers who are determined by lot for retirement under subsection (2) expires in that year.

1999 cL-9.1 s14

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When term begins

      15. (1) The benchers elected in a year in accordance with the election rules take office following the meeting at which the election takes place and hold office until their successors take office.

             (2)  A person against whose election a petition has been filed as provided by the election rules may not take office until the benchers declare that he or she has been elected.

1999 cL-9.1 s15

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Resignation

      16. (1) An elective bencher may resign the office of bencher by written notice of resignation to the society.

             (2)  Where an elective bencher fails to attend 3 successive regular meetings of the benchers, he or she then ceases being a bencher unless he or she has been given leave of absence by resolution of the benchers or unless his or her failure to attend is excused by resolution of the benchers.

             (3)  Where

             (a)  there is a vacancy caused by the death or resignation of an elective bencher;

             (b)  there is a failure to elect the number of benchers required under this Act; or

             (c)  there is a vacancy resulting from another cause,

the remaining benchers shall with all convenient expediency appoint a member in good standing to fill the vacancy until the next election for benchers.

             (4)  A member appointed as a bencher because of a vacancy described in subsection (3) holds office until the term of the bencher whom he or she replaces would have expired in the normal course under sections 14 and 15.

1999 cL-9.1 s16

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Convocations

      17. (1) Regular meetings of the benchers, which may be called "convocations", shall be held at those places and times that the benchers determine but at least 5 meetings shall be held in each year.

             (2)  Five elective benchers and one appointed bencher constitute a quorum of the benchers.

             (3)  Special meetings of the benchers may be called

             (a)  by the president;

             (b)  by the vice-president in the absence or inability of the president to call a meeting; or

             (c)  by 2 elective benchers in the absence, inability or refusal of the president or vice-president to call a meeting.

             (4)  [Rep. by 2008 c17 s2]

             (5)  Notwithstanding subsection (2), 5 elective benchers constitute a quorum of the benchers for a convocation for the purpose of a Call to the Bar.

1999 cL-9.1 s17; 2004 c48 s4; 2008 c17 s2

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Powers of benchers

      18. (1) The benchers shall govern the society, administer its affairs and exercise in the name and on behalf of the society the powers, privileges and rights of the society.

         (1.1)  The benchers have the authority to regulate the practice of law and the legal profession in the public interest.

         (1.2)  The benchers may delegate duties to an employee whenever they consider it necessary or desirable to do so.

             (2)  The benchers may

             (a)  make rules for the exercise of the powers, privileges and rights of the society;

             (b)  enter into contracts on behalf of the society;

             (c)  regulate and conduct convocations, proceedings and meetings of the benchers, a committee of benchers and the society, and provide for practice and procedure before an adjudication tribunal, the benchers, panels and committees;

             (d)  establish committees, appoint persons to serve on the committees in accordance with the rules, determine the duties of these committees, and delegate authority to them;

             (e)  appoint delegates or representatives of the society to represent the society and authorize their expenses;

             (f)  employ persons on behalf of the society, prescribe their duties and establish and pay compensation and benefits;

             (g)  remunerate and compensate persons who are assisting the society in the pursuit of its objectives;

             (h)  print, publish, sell or distribute legal resources or other material;

              (i)  establish and maintain a system of legal education including,

                      (i)  the setting of requirements for the enrolment of students or the admission of members,

                     (ii)  the operation of programs of legal education and service under articles for students,

                    (iii)  the operation of voluntary and compulsory programs of continuing and remedial legal education for members,

                    (iv)  the operation and maintenance of law libraries in the province, and

                     (v)  the granting of scholarships, bursaries, awards and loans to persons engaged in a program of legal education;

           (i.1)  make rules governing the admission of a student and the enrolment of a person as a member of the society;

              (j)  grant degrees in law;

             (k)  make rules governing the categories of membership and the members in those categories;

         (k.1)  make rules governing professional law corporations;

              (l)  establish and maintain systems of practice area designations whereby members and professional law corporations may hold themselves out as restricting, preferring or specializing in practice areas and to make rules governing the qualifications required for the use of such designations;

           (m)  establish the fees, levies and assessments to be paid to the society by members, students and professional law corporations and the time for payment;

             (n)  establish standards of competency that the benchers consider necessary or advisable to ensure that members and students are bringing adequate skill and knowledge to the practice of law;

             (o)  establish standards of financial responsibility relating to the integrity and financial viability of a member’s or professional law corporation's professional practice and standards of accountability for clients’ property;

         (o.1)  make rules regarding the disposition of unclaimed trust funds;

             (p)  establish or adopt rules of professional ethics or conduct;

             (q)  make rules determining those acts that do not constitute the practice of law;

              (r)  provide for inquiries, investigations, inspections and audits for the purpose of ascertaining compliance with the Act or rules;

             (s)  prescribe the consequences of non-compliance with the Act or rules and enforce penalties and orders;

              (t)  raise funds by the issue of debentures, with or without a trust deed;

             (u)  invest the funds of the society only in investments authorized under the Trustee Act;

             (v)  establish, support and contribute to systems of public legal information and referral;

            (w)  establish and operate compulsory or voluntary professional liability insurance programs for the benefit and protection of members, professional law corporations and the public and to provide for the recovery of the costs from members or classes of members and professional law corporations;

             (x)  establish and operate programs of life, accident, income replacement, property and other types of insurance for the benefit of members, former members, employees of members, professional law corporations or the society and students, and their dependants;

             (y)  establish and operate other programs for the benefit of members, former members, professional law corporations, employees or former employees of the society and students, and their dependents; and

             (z)  establish and operate programs of liability insurance protecting the society, its present and former benchers, officers, employees, agents and representatives arising out of anything done or not done in good faith on behalf of the society.

1999 cL-9.1 s18; 2004 c48 s5; 2005 c20 s2; 2008 c17 s3

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Annual report

   18.1 (1) The society shall prepare and submit to the minister not later than 6 months after the end of its financial year

             (a)  a report on the activities of the society in the previous year; and

             (b)  the society’s audited financial statements for the previous financial year.

             (2)  The minister shall table a copy of the annual report and the audited financial statement in the House of Assembly within 15 days of receiving it if the house is sitting and if the house is not sitting within 15 days after it next begins to sit.

             (3)  Where the society fails to comply with subsection (1), the society is guilty of an offence and on summary conviction may be fined $1,000.

2008 c17 s4

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Special funds

      19. (1) The benchers may maintain and augment by the levy of an annual assessment of the amount that may be fixed by them on members, students, professional law corporations, or a category of either of them, a special fund for the purpose of reimbursement of persons sustaining monetary loss because of the misappropriation or conversion by a member, student or professional law corporation, of money or other property entrusted to or received by the member or student in his or her professional capacity, or by a professional law corporation while engaged in the practice of law.

             (2)  The benchers may administer the special fund and for that purpose may make those rules that they consider necessary.

             (3)  The special fund shall be deposited in an account in a chartered bank or loan or trust company separate and apart from all other funds of the society and is the property of the society.

             (4)  The special fund and the proceeds from it may be invested in investments described in paragraph 18(2)(u) in the manner that the benchers may prescribe and the special fund is not subject to a trust.

             (5)  The benchers shall, not later than one month before the date of the annual election of benchers, prepare a report concerning the special fund and all disposition of it made during the last preceding financial year.

             (6)  The society may annually contribute an amount to a fund established by the Federation of Law Societies of Canada for the purpose of compensating claimants who sustain a financial loss arising from the misappropriation or conversion of money or property by a member while engaged in the practice of law outside the province or by a professional law corporation arising out of the practice of law outside the province.

             (7)  Where a grant is made from the special fund, the society is subrogated to the amount of the grant to a right or remedy to which the person receiving the grant was entitled on account of the loss in respect of which the grant was made against a member, professional law corporation or other person, or, in the event of the death or insolvency or other disability of the member, or other person, against the personal representative or other person administering the estate and, in the event of the winding up or insolvency of the professional law corporation, the liquidator, receiver or trustee.

1999 cL-9.1 s19; 2005 c20 s3

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President and vice-president

      20. (1) The benchers shall, from among the elective benchers, appoint 2 officers of the society, namely

             (a)  the president, who shall be the chief executive officer of the society and its presiding officer; and

             (b)  the vice-president.

             (2)  The president and vice-president shall be appointed by the benchers by a special meeting to be held immediately after the meeting at which the yearly election of benchers is held.

         (2.1)  Where the choice of benchers for appointment as president for the coming year is a bencher who is in his or her eighth consecutive year of office, he or she may, notwithstanding section 13, continue to hold office as a bencher until the expiry of his or her term as president.

             (3)  The president and vice-president hold office until the end of the next meeting at which the yearly election of benchers is held.

             (4)  Where the president is absent or unable to act, the vice-president shall act as president, and when the vice-president is absent or unable to act the president shall appoint one of the elective benchers to act as vice-president.

             (5)  Where both the president and vice-president are absent and unable to act, the benchers shall appoint from among the elective benchers persons to act as president and vice-president.

1999 cL-9.1 s20; 2004 c48 s6; 2008 c17 s5

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Duty of president

      21. The president has general supervision of the affairs of the society and shall perform other duties that may be assigned to him or her by the benchers and this Act.

2004 c48 s7

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Duty of vice-president

      22. (1) The vice-president shall keep the records of the society and shall perform other duties that may be assigned to him or her by the benchers and this Act.

             (2)  The benchers may delegate the duties of the vice-president to a bencher or employee of the society whenever they consider it necessary or desirable to do so.

2004 c48 s8

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Executive committee

      23. (1) The benchers shall establish an executive committee of not less than 5 benchers.

             (2)  The benchers may determine the duties of the executive committee and delegate authority to it.

             (3)  A quorum of the executive committee shall be not less than 4.

             (4)  [Rep. by 2008 c17 s6]

             (5)  [Rep. by 2008 c17 s6]

             (6)  [Rep. by 2008 c17 s6]

1999 cL-9.1 s23; 2005 c20 s4; 2008 c17 s6

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Annual general meeting

      24. (1) There shall be an annual general meeting of the society in each year to be held in the month of June at the place and time that the benchers may determine.

             (2)  At each annual general meeting the president shall report the general condition of the society and its affairs and may bring before the members for consideration and discussion those matters and subjects that the benchers think necessary for the promotion of the general interests of the legal profession and the improvement of the laws of the province.

             (3)  At least 30 days before an annual general meeting the vice-president shall mail to each member in good standing a notice of the meeting and a statement of the financial position of the society during the previous financial year.

1999 cL-9.1 s24; 2004 c48 s9

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Special general meeting

      25. (1) A special general meeting of the society shall be called by the vice-president when required to do so by a written request from 10 or more members in good standing who wish a meeting to be called for an object for which the general interest of the society may demand the meeting.

             (2)  A special general meeting of the society shall be called by the vice-president when the benchers so direct.

             (3)  At least 10 days before a special general meeting, the vice-president shall mail to each member in good standing a notice of the meeting which shall express the object of the meeting.

             (4)  Where the vice-president fails to call a meeting under subsection (1) or (2), the president or the petitioners may call the meeting.

1999 cL-9.1 s25; 2004 c48 s10

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Quorum

      26. Ten members in good standing constitute a quorum for an annual general or a special meeting of the society.

1999 cL-9.1 s26

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Effect of resolution

      27. A resolution passed at an annual general meeting or a special general meeting of the society shall be considered by the benchers at their next meeting but it is not binding on the benchers.

1999 cL-9.1 s27

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Roll and register

      28. (1) The vice-president shall keep a record, in books or other form, to be called the roll of the society, in the manner that the rules may prescribe.

             (2)  The vice-president shall keep a record, in books or other form, respecting persons admitted to the society as students, that shall be known as the Register of Students.

             (3)  The roll and register shall be held in the society's office and shall be open to inspection when the office is open.

2004 c48 s11

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Enrolment and removal

      29. (1) A person becomes enrolled as a member when a memorandum of his or her enrolment is entered on the roll.

             (2)  Where the vice-president receives notice from the chairperson of the education committee that it has approved the enrolment of a person under the Law Society Rules, or when the benchers have approved the enrolment of a person under section 39, and the prescribed fees, levies and assessments have been paid, the vice-president shall issue a certificate directed to the Chief Executive Officer of the Supreme Court that the person is entitled to be enrolled in the society.

             (3)  A memorandum entered on the roll shall indicate the date of its entry and be authorized by the vice-president.

             (4)  A member is suspended when a memorandum of the suspension is entered on the roll and,

             (a)  where the suspension is for a stated period of time, the memorandum shall indicate the duration of the suspension; and

             (b)  where the suspension is for a reason other than as a penalty established in Part II for conduct unbecoming a barrister or solicitor, the memorandum shall indicate the reason.

             (5)  The name of a member is struck off the roll when a memorandum to that effect is entered on the roll.

             (6)  When a member dies, the vice-president shall enter a memorandum of that fact on the roll.

1999 cL-9.1 s29; 2004 c48 s12; 2013 c16 s25

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Resignation from society

      30. (1) A member may not resign from the society unless his or her resignation is submitted to and approved by the benchers.

             (2)  Where the resignation of a member is approved, the member's name shall be struck off the roll by entering a memorandum of his or her resignation on the roll.

1999 cL-9.1 s30

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Judicial appointments

      31. Where a member becomes a judge of a court established by the Parliament of Canada or by the legislature of this or another province, his or her name shall be struck off the roll by entering a memorandum of that fact on the roll.

1999 cL-9.1 s31

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Non-practising members

      32. (1) A member who does not wish to practise in the province in a year may apply to become a non-practising member in that year and shall pay the fees, levies and assessments in the amount and manner prescribed under the rules and, upon approval of the application, a memorandum to that effect shall be entered on the roll.

             (2)  Subject to the rules that may be made by the benchers, a non-practising member in good standing may apply to the vice-president to be reinstated as a practising member, and where the application is approved a memorandum of reinstatement shall be entered on the roll.

             (3)  A member may be designated as a non-practising member by the benchers where the member has not been actively engaged in the practice of law for a period of 3 years and has not elected to become a non-practising member during that period.

             (4)  A period during which a person is a member of either of the Houses of Parliament, or of the House of Assembly, or the holder of an office under the Crown that the Lieutenant-Governor in Council may designate, shall not be counted for the purpose of subsection (3) as time during which that person has not been actively engaged in the practice of law.

1999 cL-9.1 s32; 2004 c48 s13

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Right to practise law

      33. (1) A person who has been enrolled as a solicitor of the Supreme Court of Newfoundland and Labrador is entitled to be called to the bar by the benchers and to become a member and to engage in the practise of law in the province.

             (2)  Members shall be designated as barristers and solicitors and are officers of the Supreme Court of Newfoundland and Labrador and all other courts of record in the province and have a right of audience in those courts.

             (3)  A person who has been called to the bar and on the date that this Act shall come into force is entitled to engage in the practise of law in the province continues to be entitled to engage in the practise of law in the province.

             (4)  The right to engage in the practice of law in the province and to be a member or a student is subject to adherence to this Act and the rules that the benchers may establish or adopt.

1999 cL-9.1 s33; 2001 cN-3.1 s2

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Enrolment as solicitor

      34. (1) A person who is entitled to be enrolled in the society may be enrolled as a solicitor of the Supreme Court.

             (2)  Upon production to a judge of the Trial Division of a certificate of entitlement to be enrolled in the society issued by the vice-president under this Act, the judge shall endorse his or her authorization on the certificate and the judge shall enroll the person named in the certificate as a solicitor of the Supreme Court.

             (3)  There shall be issued, under the seal of the Supreme Court, a certificate of an enrolment under subsection (2), and the documents upon which an authorization of admission was obtained shall be filed and retained on record in the Supreme Court.

             (4)  Before enrolment as a solicitor, the person applying shall take and sign the oath or affirmation of allegiance and the following oath or affirmation before a judge of the Trial Division in open court:

                      "I ............................... do swear [affirm] that I will truly and honestly conduct myself in the practice of a solicitor according to the best of my knowledge and ability." (Where an oath is taken, add "So help me God".).

1999 cL-9.1 s34; 2004 c48 s14; 2013 c16 s25

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Education committee

      35. (1) The evaluation of all matters relating to the academic qualifications, character and fitness to practice of an applicant, and the evaluation of applications for enrolment as a member or for admission as a student, is under the control of an education committee which the benchers shall establish and maintain.

             (2)  The education committee shall consider all matters relating to academic qualifications, character and fitness to practice of an applicant for enrolment as a member or for admission as a student and shall prescribe the contents of bar admission examinations and other special examinations or educational requirements.

             (3)  The education committee may enter into arrangements with another organization in Canada under which that organization in consultation with the society may prescribe the contents of and conduct bar admission examinations under the general supervision of the education committee.

             (4)  A person who is required to take a bar admission examination by the education committee shall also take a bar admission course.

          (5)  Notwithstanding anything in this Part, the education committee, where they consider that special circumstances so warrant with respect to a person, may exempt the person from taking a bar admission course or examination or both.

             (6)  The education committee or a person appointed by the committee may summon a person and require him or her to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that the committee considers necessary for the full investigation and hearing of a matter before it and it shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006 .

2008 c17 s7

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Rep. by 2004 c48 s15

      36. [Rep. by 2004 c48 s15]

2004 c48 s15

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Rep. by 2004 c48 s15

      37. [Rep. by 2004 c48 s15]

2004 c48 s15

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Appeal

      38. (1) A person affected by a decision of the education committee may appeal to the benchers who may confirm the decision or direct the education committee to vary or reverse it.

             (2)  Before making a decision on a matter, the education committee may refer the matter to the benchers who shall direct the committee as to the decision to be made.

             (3)  A person affected by a decision of the benchers under this section may, within 30 days of receipt of the decision, appeal it to the Trial Division by filing a notice of appeal with the court.

1999 cL-9.1 s38; 2008 c17 s8; 2013 c16 s25

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Special admissions

      39. (1) The benchers may make rules respecting the conditions under which a person who is qualified to practise law in another Canadian province or territory may practise law in the province, including rules respecting the extent to which the person may appear in courts of record in the province.

             (2)  The benchers may permit a person who is qualified to practise law in a country other than Canada or in an internal jurisdiction of that country, to act as a consultant in the province with respect to the law of that country or internal jurisdiction, subject to any rules or conditions, including the payment of a fee, prescribed by the benchers.

             (3)  The provisions of this Act and the rules respecting the competence, discipline and financial responsibility of members, former members, students and former students apply, with the necessary changes, and so far as they are applicable, to a person given permission under subsection (2) to act as a foreign legal consultant in the province, but the benchers have no power to disbar the person.

1999 cL-9.1 s39

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Interjurisdictional law firms

      40. (1) An interjurisdictional law firm may provide legal services to the public in the province only where,

             (a)  at least one partner, or in the case of a professional law corporation, at least one voting shareholder, is a member in good standing and qualified to practise law in the province and does practise law principally in the province; and

             (b)  in the case of an interjurisdictional law firm which maintains an office in one or more foreign or other Canadian jurisdictions,

                      (i)  it operates only in foreign or other Canadian jurisdictions which offer substantially the same treatment to law firms from this jurisdiction that the society offers to interjurisdictional law firms, or

                     (ii)  it satisfies the society that a substantial number of foreign or other Canadian jurisdictions in which that interjurisdictional law firm operates offers substantially the same treatment to law firms from this jurisdiction as the society offers to interjurisdictional law firms.

             (2)  An interjurisdictional law firm that maintains an office in one or more foreign jurisdictions shall keep within Canada the books, records and accounts which it is required to keep with respect to its practice in the province, and shall make them available in the province on demand by the society or its designated agent.

             (3)  An interjurisdictional law firm that maintains offices only in 2 or more Canadian jurisdictions shall make available in the province, on demand by the society or its designated agent, the books, records and accounts which it is required to keep with respect to its practice in the province.

             (4)  A member shall not practise law in the province as an affiliate of an interjurisdictional law firm unless the firm complies with the requirements of this section.

             (5)  A member in good standing who is an affiliate of an interjurisdictional law firm that does not comply with subsection (1) may only practise in the province as a foreign legal consultant, provided that the member holds a current permit issued under subsection 39(2).

             (6)  Where an interjurisdictional law firm or its lawyer,

             (a)  does anything in the province or permits anything to be done in the province that would, if done by a member, former member, student or former student constitute conduct deserving of sanction; or

             (b)  fails or ceases to comply with a requirement imposed under this section,

an adjudication tribunal of the discipline committee may, after a hearing in accordance with this Act and the rules,

             (c)  reprimand the interjurisdictional law firm; or

             (d)  impose a fine on the interjurisdictional law firm in an amount not exceeding $100,000.

             (7)  The benchers may make rules that they consider necessary or advisable for the purpose of this section and, without limiting the foregoing, may make rules respecting procedures for disciplinary action against an interjurisdictional law firm, including the adaptation, in a manner that the benchers consider necessary or advisable, of rules respecting disciplinary proceedings on matters of practice and procedure.

             (8)  This Act, the rules and the powers of the benchers apply to interjurisdictional law firms permitted to provide legal services to the public under this section, with the necessary changes in so far as they are applicable.

1999 cL-9.1 s40; 2004 c48 s16; 2008 c17 s9

PART II
DISCIPLINE PROCEEDINGS

2008 c17 s10

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Definitions

      41. In this Part

             (a)  "allegation" means a written document alleging that a person has engaged in conduct deserving of sanction;

             (b)  "complainant" means a person making an allegation and includes a person making a report under subsection 43 (3);

             (c)  "conduct deserving of sanction" includes

                      (i)  professional misconduct,

                     (ii)  failure to maintain the standards of practice,

                    (iii)  conduct unbecoming a member of the society, and

                    (iv)  acting in breach of this Act or the rules including rules of professional ethics or conduct made under paragraph 18 (p);

             (d)  "costs incurred by the society” includes

                      (i)  out of pocket expenses incurred by or on behalf of the society,

                     (ii)  amounts paid by the society to adjudication tribunal members as remuneration and for expenses, and

                    (iii)  the actual cost of legal counsel for the society and the adjudication tribunal;

             (e)  "disciplinary panel" means the panel of persons appointed under section 42 from which the members of an adjudication tribunal are chosen; and

             (f)  "respondent" means a member, former member, law firm, former law firm, student, former student or a person referred to in subsection 39 (1) or (2) whose conduct is being inquired into under this Part.

2008 c17 s10

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Committees

      42. (1) The benchers shall appoint at least 3 of their members, at least one of whom is an appointed bencher, to constitute a complaints authorization committee.

             (2)  The benchers shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1).

             (3)  The president and vice-president are not eligible to be members of the complaints authorization committee.

             (4)  The benchers shall appoint at least 20 members who are not elective benchers, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 10 persons, who are not benchers or members, to represent the public interest, who shall together constitute a disciplinary panel.

             (5)  Persons appointed to the disciplinary panel shall be appointed for a term of 3 years.

             (6)  Notwithstanding the expiry of his or her term, a member of the disciplinary panel continues to be a member until he or she is re-appointed or his or her replacement is appointed.

             (7)  Persons appointed to the disciplinary panel may be reappointed.

             (8)  Members of the disciplinary panel shall serve on the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal appointed under section 46 and paid their travel and other expenses associated with the work of that tribunal by the society, in accordance with and at the rates set by the rules.

             (9)  The complaints authorization committee, an adjudication tribunal appointed under section 46 and a person appointed by either of them may summon a respondent or other person and require the respondent or other person to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary for the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

2008 c17 s10

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Allegation

      43. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the vice-president.

             (2)  The vice-president may on his or her own motion make an allegation and file it, and the allegation shall have the same effect as an allegation referred to in subsection (1).

             (3)  A report to the society in respect of a respondent under subsection 66(2) of theLegal Aid Act shall be dealt with by the vice-president as an allegation, irrespective of disciplinary action taken against that person by the Newfoundland and Labrador Legal Aid Commission under that Act.

             (4)  Where the society has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended or disbarred by a governing body of the legal profession in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming the legal profession, failure to maintain the standards of practice or failing to adhere to a code of legal ethics established or adopted by the governing body of the legal profession, the information shall be dealt with by the vice-president as an allegation.

             (5)  For the purpose of subsection (4), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

2008 c17 s10

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Effect of filing allegation

      44. (1) Where it appears to the vice-president after notifying the respondent of an allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the vice-president may attempt to resolve the matter or may refer the allegation to alternate dispute resolution in accordance with the rules.

             (2)  Where the allegation is not satisfactorily resolved by the vice-president or through alternate dispute resolution under subsection (1), the vice-president shall refer the allegation and all other allegations to the complaints authorization committee.

             (3)  The vice-president shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee.

2008 c17 s10

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Complaints authorization committee

      45. (1) Where an allegation has been submitted to the complaints authorization committee, the committee may exercise one or more of the following powers:

             (a)  refer the allegation back to the vice-president for an investigation or alternative dispute resolution in accordance with the rules;

             (b)  conduct an investigation itself or appoint a person to conduct an investigation on its behalf;

             (c)  conduct a practice review into the member’s practice or the conduct of a professional law corporation of which the member is a voting shareholder; and

             (d)  require the respondent to appear before it.

             (2)  Where the complaints authorization committee is of the opinion that there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant and the respondent.

             (3)  Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation shall be considered as constituting a complaint, and the committee may

             (a)  counsel or caution the respondent;

             (b)  instruct the vice-president to file the complaint against the respondent and refer it to the disciplinary panel;

             (c)  make an application under Part III for the appointment of a custodian of the member’s practice or of a professional law corporation of which the member is a voting shareholder; and

             (d)  suspend or restrict the respondent’s licence.

             (4)  A person conducting an investigation under paragraph (1)(a), (b) or (3)(c) may require

             (a)  the respondent to

                      (i)  undergo an examination or assessment he or she considers necessary and as arranged by the vice-president, and

                     (ii)  permit the vice-president or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and

             (b)  a person other than the respondent to permit the vice-president or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy records and other documents relating to the subject matter of the investigation held by that person,

and the respondent or other person shall comply.

             (5)  An action for damages does not lie against a member or another person to whom a request is made solely because he or she provides information requested of him or her under subsection (4).

             (6)  Where the vice-president, a member of the complaints authorization committee or a person appointed by the complaints authorization committee requires that a respondent or another person provide information under subsection (4), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request.

             (7)  A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Trial Division by filing a notice of appeal with the court.

             (8)  Subsections (4), (5) and (6) apply to the Crown.

2008 c17 s10; 2013 c16 s25

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Adjudication tribunal

      46. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom 2 shall be members and one shall be a member of the panel appointed by the minister under subsection 42(4).

             (2)  The chairperson of the disciplinary panel shall appoint one of the members on an adjudication tribunal to be the chairperson.

2008 c17 s10

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Hearing

      47. (1) Where a complaint has been referred under paragraph 45 (3)(b), an adjudication tribunal shall hear the complaint.

             (2)  The parties to a hearing are the society and the respondent and a party may be represented by his or her counsel at a hearing.

             (3)  A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it determines that the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweigh the desirability of holding the hearing in public.

2008 c17 s10

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Copies of books, etc. as evidence

      48. A copy or extract of a book, record, document or thing certified by

             (a)  a member of the complaints authorization committee; or

             (b)  a person authorized under subsection 45 (4) to conduct an inspection,

who made the copy or extract under subsection 45 (4) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

2008 c17 s10

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Guilty plea by respondent

      49. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties.

             (2)  Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may

             (a)  reprimand the respondent;

             (b)  order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

             (c)  allow or direct the respondent to resign from the society upon those conditions that may be considered appropriate;

             (d)  order that the respondent be disbarred;

             (e)  strike the respondent’s name from the roll of students;

             (f)  refuse the respondent’s admission to usual examinations or refuse to grant a certificate of fitness, either absolutely or for the period of time that it considers appropriate;

             (g)  order that the respondent’s right to practice law under rules made under subsection 39(1) be suspended for a fixed period, or revoked;

             (h)  order that the permission granted under subsection 39(2) be suspended for a fixed period, or revoked;

              (i)  order that permission for members to practise with a respondent that is an interjurisdictional law firm be revoked, or suspended for a fixed period;

              (j)  order the respondent to pay to the society for the assurance fund the amount that the adjudication panel may fix;

             (k)  impose a fine, not to exceed $10,000, to be paid to the society;

              (l)  order that the respondent pay the costs or a part of the costs incurred by the society in the investigation and hearing of the complaint;

           (m)  order that the society publish a summary of the decision including the information set out in subsection 51 (4) and other information that the tribunal may specify;

             (n)  order that the respondent comply with one or more of the following:

                      (i)  make restitution to the complainant or other person affected by the conduct of the respondent,

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

                    (iv)  obtain substance abuse counselling or treatment, until the respondent can demonstrate to the adjudication tribunal or other body or person designated by the adjudication tribunal that the respondent is fit to resume practice,

                     (v)  engage in continuing education programs,

                    (vi)  report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

                   (vii)  restrict his or her professional practice or continue his or her practice under specified conditions,

                  (viii)  permit periodic inspection of his or her practice,

                    (ix)  permit periodic inspection of records relating to his or her practice,

                     (x)  maintain a specific type of trust account or a trust account for limited purposes, or

                    (xi)  accept specific co-signing controls on trust accounts; and

             (o)  impose other requirements that are just and reasonable in the circumstances.

             (3)  The costs incurred by the society to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

2008 c17 s10

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Powers of adjudication tribunal

      50. (1) Where an adjudication tribunal holds a hearing into a complaint, it shall decide whether or not a respondent is guilty of conduct deserving of sanction.

             (2)  Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable,

             (a)  order that those costs that the tribunal considers appropriate be paid by the society to the respondent; and

             (b)  make another order that it considers appropriate.

             (3)  Where an adjudication tribunal decides that a respondent is guilty, it may

             (a)  reprimand the respondent;

             (b)  order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

             (c)  allow or direct the respondent to resign from the society upon those conditions that may be considered appropriate;

             (d)  order that the respondent be disbarred;

             (e)  strike the respondent’s name from the roll of students;

             (f)  refuse the respondent’s admission to usual examinations or refuse to grant a certificate of fitness, either absolutely or for the period of time that it considers appropriate;

             (g)  order that the respondent’s right to practice law under rules made under subsection 39(1) be suspended for a fixed period, or revoked;

             (h)  order that the permission granted under subsection 39(2) be suspended for a fixed period, or revoked;

              (i)  order that permission for members to practise with a respondent that is an interjurisdictional law firm be revoked, or suspended for a fixed period;

              (j)  order the respondent to pay to the society for the assurance fund the amount that the adjudication panel may fix;

             (k)  impose a fine, not to exceed $10,000, to be paid to the society;

              (l)  order that the respondent pay the costs or a part of the costs incurred by the society in the investigation or hearing of the complaint;

           (m)  order that the society publish a summary of the decision including the information set out in subsection 51 (4) and other information that the tribunal may specify;

             (n)  order that the respondent comply with one or more of the following:

                      (i)  make restitution to the complainant or other person affected by the conduct of the respondent,

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

                    (iv)  obtain substance abuse counselling or treatment, until the respondent can demonstrate to the adjudication tribunal or other body or person designated by the adjudication tribunal that the respondent is fit to resume practice,

                     (v)  engage in continuing education programs,

                    (vi)  report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

                   (vii)  restrict his or her professional practice or continue his or her practice under specified conditions,

                  (viii)  permit periodic inspection of his or her practice,

                    (ix)  permit periodic inspection of records relating to his or her practice,

                     (x)  maintain a specific type of trust account or a trust account for limited purposes, or

                    (xi)  accept specific co-signing controls on trust accounts; and

             (o)  impose other requirements that are just and reasonable in the circumstances.

             (4)  The costs incurred by the society to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

2008 c17 s10

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Filing and publication of decisions

      51. (1) An adjudication tribunal shall file a decision or order made under subsection 49 (2), 50(2) or 50 (3) with the society and provide a copy to the complainant, the respondent and the respondent's partners and employers, as designated in the rules, and the minister.

             (2)  The society shall maintain a copy of a decision or order filed under subsection (1) for a period of 5 years, or the longer period the society may set, after the day the decision is filed and shall upon receiving a request to view the disciplinary records in relation to a member permit a person to view those records.

             (3)  The society shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the expiry of the appeal period under section 55.2, unless a court orders otherwise, where the decision or order

             (a)  suspends the respondent;

             (b)  allows or directs the respondent to surrender his or her licence;

             (c)  restricts the respondent’s practice;

             (d)  disbars the respondent;

             (e)  specifies conditions for the continuing practice of the respondent; or

             (f)  requires that a summary of the decision or order be published.

             (4)  The summary of the decision published under subsection (3) shall include

             (a)  the name of the respondent and the address where he or she practises;

             (b)  the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction;

             (c)  the name of the complainant, where the complainant has requested that his or her name be published;

             (d)  the contents of the order in relation to the actions referenced in paragraphs (3)(a) to (e); and

             (e)  other information specified for publication in the decision or order.

             (5)  Where a decision published under this section is varied or set aside, the society shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) and (4) apply, with the necessary changes.

             (6)  The society may give notice of the decision and information respecting the decision to the other persons the benchers may direct and shall, in a certificate of good standing issued in relation to the respondent, include a summary of the decision.

2008 c17 s10

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Disbarment and suspension

      52. (1) Where a member is disbarred or allowed to resign from the society or a student is struck off the roll, his or her rights and privileges as a member or student cease.

             (2)  Where a member or student is suspended, his or her rights and privileges as a member or student cease for the period of suspension.

             (3)  Where conditions or restrictions have been imposed upon a respondent’s ability to carry on the practice of law, his, her or its rights and privileges as a member, student, interjurisdictional law firm or otherwise shall be limited to the extent specified by the conditions or restrictions.

2008 c17 s10

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Failure to comply

      53. (1) On application by the society to the discipline panel, an adjudication tribunal may make an order suspending the rights and privileges of a respondent where it determines that the respondent has failed to comply with a decision or an order under this Part.

             (2)  The parties to the application are the society and the respondent.

             (3)  An order of an adjudication tribunal under this section may suspend the rights and privileges of the respondent for a fixed period that the adjudication tribunal considers appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal.

2008 c17 s10

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Reinstatement and readmission

      54. (1) Where a decision or order of an adjudication tribunal

             (a)  suspends a respondent;

             (b)  restricts a respondent’s practice; or

             (c)  specifies conditions for the continuing practice of a respondent,

and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing before an adjudication tribunal to discharge or vary the decision or order based on the new evidence or material change in circumstances.

             (2)  An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred.

             (3)  Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal for a supplementary hearing as if it were a matter referred under paragraph 45 (3)(b) and sections 47 to 52 apply, with the necessary changes, to the referred matter.

             (4)  The parties to a supplementary hearing under this section are the respondent and the society.

             (5)  For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 50 , an adjudication tribunal may

             (a)  vary the original decision or order made under section 50 ; or

             (b)  discharge the original decision or order, with or without conditions.

2008 c17 s10

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Costs of the society

      55. (1) Where a person who was ordered to pay the costs of the society under paragraph 49 (2)(l) or 50 (3)(l) fails to pay in the time required, the society may suspend the licence of that person until the costs are paid.

             (2)  Costs ordered to be paid under paragraph 49 (2)(l) or 50 (3)(l) are a debt due to the society and may be recovered by the society by a civil action.

2008 c17 s10

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Collection of fine

   55.1 (1) Where an order is made under section 49 or 50 imposing a fine on a respondent, the society may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Trial Division.

             (2)  Where a certificate is filed with the Trial Division under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

             (3)  A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

             (4)  On an application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge’s decision.

             (5)  There is no appeal from a decision of a judge made under this section.

             (6)  A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

2008 c17 s10; 2013 c16 s25

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Appeal

   55.2 (1) The society or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal under this Part, appeal the decision or order or a part of it to the Trial Division by filing a notice of appeal with the court.

             (2)  An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise.

2008 c17 s10; 2013 c16 s25

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Application of Part to professional law corporations

   55.3 (1) This Part applies, with the necessary changes, to a professional law corporation as if it was a member.

             (2)  Rules made by the benchers respecting the discipline of members under this Part may be made applicable to professional law corporations as if they were members.

2008 c17 s10

PART III
CLIENT'S PROPERTY

2005 c20 s8

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Definitions

      56. (1) In this Part

             (a)  "client's property" means property in the custody of an inactive member or someone on his or her behalf for or on behalf of a client or of another person, in the course of the practice of law;

             (b)  "custodian" means the member appointed under section 57;

             (c)  "depository" means a bank, trust company or person holding by deposit or otherwise, money, trust funds or assets relating to the practice of law by a member; and

             (d)  "inactive member" means a member or former member

                      (i)  who has no law partners and who has been disbarred or has otherwise stopped being a member, or has been suspended, or is, by reason of physical or mental illness or for another reason, unable to practise law,

                     (ii)  who has died and who, at the time of his or her death, had no law partners,

                    (iii)  who has absconded or is otherwise improperly absent from his or her practice or whose practice has been neglected for an extended period,

                    (iv)  who, there are reasonable grounds for believing, does not hold sufficient trust money to meet his or her trust liabilities, or

                     (v)  in respect of whom sufficient grounds for making an order under section 57 otherwise exist.

             (2)  This Part applies, with the necessary changes, to a professional law corporation and a former professional law corporation as if the corporation were a member.

1999 cL-9.1 s56; 2005 c20 s9

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Order against a professional law corporation

   56.1 An order that may be made by a judge of the Trial Division in the case of a member under this Part may, in the case of a professional law corporation, be made in one or more of the following cases:

             (a)  where the licence of the professional law corporation has been revoked;

             (b)  where the conduct of a voting shareholder of a professional law corporation is the subject of proceedings under Part II and there is reason to believe that the conduct involves the misappropriation or conversion of money or other property entrusted to or received by the professional law corporation;

             (c)  where all the voting shareholders of the professional law corporation have died or become mentally incapacitated;

             (d)  where for any reason the professional law corporation is unable to engage in the practice of law;

             (e)  where all the voting shareholders of the professional law corporation have absconded or are otherwise improperly absent from the professional law corporation's place of business;

             (f)  where all the voting shareholders of the professional law corporation have neglected their practice for an extended period;

             (g)  where there are reasonable grounds for believing that trust money held by a professional law corporation is not sufficient to meet its trust liabilities; and

             (h)  where in the opinion of a judge of the Trial Division other sufficient grounds exist.

2005 c20 s10

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Appointment of custodian

      57. A judge of the Trial Division, upon application by or on behalf of the society or by or on behalf of a person in respect of whom an inactive member holds client's property, shall, either unilaterally, or on the notice that the judge may require, by order, appoint a member as custodian to have custody of client's property and to manage, arrange for the conduct of, or the winding up of, the legal practice of the inactive member.

1999 cL-9.1 s57

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Seizure by sheriff

      58. (1) An order under section 57 may direct the sheriff to seize and remove and place in the custody of the custodian client's property and to that end the order may authorize the sheriff to enter upon premises to open a safety deposit box or other receptacle where there are reasonable grounds for believing that client's property may be found.

             (2)  Unless otherwise directed by the judge, the order shall be served upon the inactive member or his or her personal representative.

1999 cL-9.1 s58

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Powers of judge re client's property

      59. A judge of the Trial Division may, in an order under section 57 or by subsequent order made unilaterally or upon the notice that the judge may require,

             (a)  direct a depository of client's property to deal with, pay over or deliver the client's property to the custodian or as the judge may otherwise direct;

             (b)  remove a custodian appointed by the order and appoint another in his or her place;

             (c)  give directions and advice to the custodian as to the disposition of client's property in the hands of the custodian; and

             (d)  give those directions or make those orders that the nature of the situation requires.

1999 cL-9.1 s59

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Notice to public

      60. Where client's property has been placed in the custody of a custodian, the vice-president, or other person that the benchers may designate, shall examine it and the custodian shall, by publication in a newspaper and by other notice that he or she thinks appropriate, inform a client of the inactive member and those other persons that he or she may consider necessary

             (a)  that the client's property is in the custody of the custodian and that an examination of it indicates that the client or other persons may have an interest in it; and

             (b)  that the client and the other persons may apply, subject to a solicitor's lien of the inactive member, to the custodian for the delivery to them of the client's property in which they appear to have an interest, or for leave to make copies of documents and papers among the client's property they may require, in respect of transactions or dealings that he or she or they had with the inactive member.

1999 cL-9.1 s60; 2004 c48 s24

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Delivery of property

      61. Where a custodian is satisfied that a person is entitled to property in his or her custody and that no solicitor's lien is claimed or appears to exist, or where the lien is satisfied, he or she may deliver the property to the person claiming it.

1999 cL-9.1 s61

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Solicitor's lien

      62. (1) Where an inactive member or his or her personal representative claims to be entitled to a solicitor's lien on client's property in the custody of a custodian

             (a)  he or she may, within 30 days from the service of the order upon him or her, file notice of the claim for lien with the custodian giving full particulars of the claim; and

             (b)  the custodian shall immediately give notice of the claim for lien to the apparent owner of the client's property upon which a lien is claimed,

and the rights of the parties shall then be determined according to law.

             (2)  Where an inactive member or his or her personal representative fails to file a claim for lien under subsection (1), a lien that he or she might otherwise be entitled to is extinguished and the custodian may deliver the client’s property to the claimant if otherwise satisfied that it is appropriate to do so.

             (3)  Notwithstanding anything in this Part, a judge of the Trial Division may summarily determine the validity of a claim to a solicitor's lien.

1999 cL-9.1 s62

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Taxation of costs and fees

      63. The costs and fee of a party to proceedings under this Part are recoverable against the inactive member or his or her estate and shall be taxed by a taxing master upon the application of the person claiming the costs and fee or of the inactive member or his or her personal representative.

1999 cL-9.1 s63

PART III.1
PROFESSIONAL LAW CORPORATIONS

2005 c20 s11

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Definitions

   63.1 In this Part

             (a)  "child" means

                      (i)  a child of which a member is the natural parent, whether the child was born within or outside marriage,

                     (ii)  an adopted child of a member, and

                    (iii)  a child of whom a spouse or former spouse is a parent;

         (a.1)  "immediate relative" means a spouse, child, grandchild, father, mother, brother, sister or grandparent of a member;

             (b)  "non-voting share" means an issued share that is not a voting share;

             (c)  "spouse" means a person who is a member's spouse or common law partner and who is not living separate and apart from the member, and a person is not living separate and apart from a member unless the person was living separate and apart because of a break down of the marriage or common law partnership for a period of at least 90 days; and

             (d)  "voting share" means an issued share with the right to vote at a meeting of shareholders attached to it.

             (e)  [Rep. by 2013 c21 s2]

2005 c20 s11; 2013 c21 s2

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Professional law corporation

   63.2 (1) One or more members may incorporate a professional law corporation to engage in the practice of law.

             (2)  The corporation shall be incorporated under the Corporations Act .

             (3)  A corporation shall not engage in the practice of law unless it is licensed under this Act.

             (4)  A professional law corporation shall not carry on a business or activity other than the practice of law as authorized by its licence and other activities incidental to the practice of law.

             (5)  Subsection (4) does not prohibit a professional law corporation from investing its own funds in real property, other than for development purposes, or in stocks, mutual funds, debt obligations, insurance, term deposits, or similar investments.

2005 c20 s11

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Authority of law corporation to practice law

   63.3 (1) A professional law corporation may engage in the practice of law in its own name.

             (2)  A partnership consisting of 2 or more professional law corporations or of one or more members and one or more professional law corporations may engage in the practice of law.

2005 c20 s11

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Corporate license

   63.4 (1) The executive director shall issue a licence to a corporation that, in accordance with the rules,

             (a)  files an application in the form prescribed by the benchers;

             (b)  pays the fees prescribed by the rules;

             (c)  satisfies the executive director that the corporation has been incorporated under the Corporations Act and is in good standing under that Act;

             (d)  satisfies the executive director the name of the corporation is in accordance with the rules and contains the words "professional law corporation" or the abbreviation "PLC";

             (e)  satisfies the executive director that all the voting shares of the corporation are legally and beneficially owned by and registered in the name of one or more members in good standing or professional law corporations holding a valid licence;

             (f)  satisfies the executive director that all the directors and officers of the corporation are practicing members in good standing;

             (g)  satisfies the executive director that all the non-voting shares of the corporation are legally and beneficially owned by and registered in the name of

                      (i)  one or more practicing members in good standing who are also voting shareholders of the corporation,

                     (ii)  one or more immediate relatives of a person described in subparagraph (i), or

                    (iii)  a professional law corporation whose

                            (A)  directors and officers are practicing members in good standing and also voting shareholders of the corporation that seeks to be licensed,

                            (B)  voting shares are legally and beneficially owned by and registered in the name of one or more practicing members in good standing who are also voting shareholders of the corporation that seeks to be licensed, and

                            (C)  non-voting shares are legally and beneficially owned by and registered in the name of one or more voting shareholders, one or more immediate relatives of voting shareholders or a combination of one or more voting shareholders and one or more immediate relatives of voting shareholders;

             (h)  satisfies the executive director that the persons who will carry on the practice of law on behalf of the corporation are

                      (i)  practicing members in good standing,

                     (ii)  persons referred to in section 39 who comply with the rules applicable to them,

                    (iii)  employees of the corporation, when acting under the supervision of a practicing member in good standing, and

                    (iv)  students, when acting under the supervision of a practicing member in good standing and to the extent allowed by the rules; and

              (i)  satisfies the executive director that the articles of incorporation restrict the corporation to the practice of law and activities incidental to the practice of law.

             (2)  The executive director may revoke a licence where a condition referred to in subsection (1) no longer exists.

             (3)  Where a shareholder ceases to qualify as a shareholder of a professional law corporation, the corporation has a period of 60 days from the date of cessation of qualification in which to meet the qualification after which the corporation’s licence is automatically cancelled on the expiry of the 60 day period.

2005 c20 s11; 2013 c21 s3

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Liability of shareholders and others

   63.5 (1) Notwithstanding the Corporations Act , a member who is a voting shareholder of a professional law corporation or another person employed by the corporation

             (a)  while it is the holder of a licence; or

             (b)  while it acts in contravention of section 76

is liable to the same extent and in the same manner as if the member or other person were, during that time, carrying on the practice of law as a partner in a partnership or, if the member is the only voting shareholder and only employee, as an individual engaged in the practice of law.

             (2)  The liability of a person in carrying on the practice of law is not affected by the fact that he or she carried on the practice of law as an employee of, or otherwise through, a professional law corporation.

             (3)  A person is jointly and individually liable with a professional law corporation for claims made against the corporation in connection with the practice of law by the person through the corporation.

             (4)  In this section "member" or "person" includes a former member.

2005 c20 s11

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Voting agreements with non-members prohibited

   63.6 A voting shareholder of a professional law corporation may only enter into a voting trust agreement, proxy or other type of agreement vesting the authority to exercise the voting rights attached to the shareholder's shares with a practising member in good standing or a professional law corporation holding a valid licence.

2005 c20 s11

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Application of Act or rules unaffected

   63.7 The relationship of a person to a professional law corporation, whether as a shareholder, director, officer, employee or otherwise, does not affect, modify or diminish the application to the person of this Act or the rules.

2005 c20 s11

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Solicitor-client relationships preserved

   63.8 (1) Nothing in this Part affects, modifies or limits an Act or other law applicable to the fiduciary, confidential or ethical relationships between a barrister or solicitor and a person provided with legal services by the barrister or solicitor.

             (2)  A person who engages in the practice of law through a professional law corporation is, notwithstanding his or her relationship to the corporation, or the relationship between the client to whom the legal services are provided and the corporation, subject to

             (a)  the application of this Act as if he or she were providing the services as an individual engaged in the practice of law; and

             (b)  the same duties and responsibilities in connection with his or her dealings with clients of the corporation as if he or she were providing legal services directly to those clients.

             (3)  The rights and obligations pertaining to a communication made to or information received by a barrister or solicitor, or advice given by a barrister or solicitor on the communication or information apply to the shareholders, directors, officers and employees of a professional law corporation and to another person acting on behalf of the corporation.

2005 c20 s11

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Effect of discipline

   63.9 (1) Where a member is disbarred and the member is the sole voting shareholder of a professional law corporation, the licence of the corporation is revoked by the disbarment.

             (2)  Where a member is suspended and the member is the sole voting shareholder of a professional law corporation, the licence of the corporation is suspended for the same period for which the member is suspended.

2005 c20 s11

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Liability for misconduct of corporation

63.10 (1) A person is liable to discipline under Part II for the actions or conduct of a professional law corporation while the person was a shareholder, director, officer or employee of the corporation.

             (2)  A person is not liable to discipline under Part II where the person proves that he or she did not know and could not reasonably have known about the actions or conduct of the professional law corporation.

             (3)  A power of inspection, investigation or inquiry that may be exercised in respect of a person under Part II may be exercised in respect of a professional law corporation or its records in connection with a disciplinary proceeding against a person who is a shareholder, director, officer or employee of the corporation.

             (4)  A professional law corporation is jointly and individually liable with a person for all fines and costs the person is ordered to pay in connection with a disciplinary proceeding under Part II.

             (5)  In this section "person" includes a former member.

2005 c20 s11

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Interpretation

63.11 In an Act of, or otherwise in force in, the province, or a regulation, order or by-law made under an Act of, or otherwise in force in, the province, a reference to a person authorized to carry on the practice of law, whether referred to as a member, a barrister and solicitor or otherwise shall be read as including a professional law corporation unless the Act, regulation, order or by-law states otherwise.

2005 c20 s11

PART IV
LAW FOUNDATION

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Foundation established

      64. The "Law Foundation of Newfoundland and Labrador ", called the "foundation", is continued as a corporation.

2004 c48 s25

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Composition of board

      65. (1) The foundation shall be administered by a board of governors, called the "board".

             (2)  The board shall consist of

             (a)  the Minister of Justice or his or her appointee;

             (b)  a person who is not a member or a bencher, who shall be appointed by the Minister of Justice; and

             (c)  5 members in good standing who shall be appointed by the benchers.

             (3)  The benchers shall by their instrument of appointment designate one of the persons appointed under paragraph (2)(c) to be chair of the board.

             (4)  The maximum term of office of a governor shall be 4 years commencing at the date this Act comes into force.

             (5)  A governor is eligible for reappointment after the expiry of his or her term of office.

             (6)  Where a governor holds office for a period of 8 consecutive years, the governor stops being eligible for appointment until the expiration of 12 months from the years in which he or she last held office.

             (7)  Where a vacancy occurs on the board, the vacancy shall be filled by another appointment from the party that made the original appointment.

             (8)  Four governors constitute a quorum of the board.

             (9)  An act of the board is not invalid because of a defect occurring in the appointment of its governors.

1999 cL-9.1 s65

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Vacating office

      66. (1) A governor shall vacate office when he or she

             (a)  has completed his or her term;

             (b)  ceases holding the qualifications necessary for the appointment;

             (c)  becomes bankrupt;

             (d)  is convicted of a criminal offence;

             (e)  is unable to act; or

             (f)  has joined the executive committee of the benchers.

             (2)  A governor may resign from the board upon giving one month's notice to the board of his or her intention to do so, and the resignation takes effect upon the expiration of the notice or upon its earlier acceptance by the board.

1999 cL-9.1 s66; 2004 c48 s26

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Objects and powers of board

      67. (1) The objects of the foundation are to establish and maintain from the revenues derived under section 69 a fund, to be known as the "foundation fund", to be used for the following purposes:

             (a)  legal education and legal research;

             (b)  law reform;

             (c)  assistance in funding the Newfoundland and Labrador Legal Aid Commission as established under the Legal Aid Act;

             (d)  the establishment, operation and maintenance of a legal referral service for the residents of the province;

             (e)  the establishment, operation and maintenance of law libraries; and

             (f)  the provision of scholarships for studies in matters relevant to law.

             (2)  The board shall transfer 2/3 of the net revenue received in each calendar year directly to the Newfoundland and Labrador Legal Aid Commission.

             (3)  In order to further its objects the foundation may, as ancillary or incidental to its objects, do the things that it considers calculated to further the objects of the foundation and it may borrow, raise and secure the payment of money upon the credit of the foundation as the board thinks appropriate and may for that purpose issue notes, bonds, debentures or other evidences of indebtedness.

1999 cL-9.1 s67; 2001 cN-3.1 s2

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Liability for trust money

      68. A member, student or professional law corporation is not liable, by virtue of the relation between the member, student or professional law corporation and a client or the relation between the member, student or professional law corporation as trustee and a beneficiary, to account to a client or beneficiary for interest received by the member, student or professional law corporation on money

             (a)  deposited in a bank, trust company or other depository approved by the board; and

             (b)  deposited with other money received or held for or on account of his or her clients generally.

2005 c20 s12

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Duty to maintain trust account

      69. (1) A member or a professional law corporation shall maintain a regular interest-bearing trust account in a chartered bank, a trust company or other depository approved by the board, into which the member or corporation shall deposit all money received or held by the member or corporation for or on account of clients upon trust.

             (2)  A member or professional law corporation who is credited by a bank, trust company or other depository approved by the board with interest on money received or held for, or on account of, clients generally holds that interest in trust for the foundation and shall remit it to the foundation in accordance with the by-laws of the foundation.

1999 cL-9.1 s69; 2005 c20 s13

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Saving

      70. Nothing in sections 68 and 69 or in the by-laws of the foundation

             (a)  affects a written arrangement, whenever made, between a member or professional law corporation and a client respecting the application of the client's money or the interest on it; or

             (b)  applies to money deposited in a separate account for a client at interest that is, and is intended to remain, the property of the client.

1999 cL-9.1 s70; 2005 c20 s14

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Unclaimed trust funds

   70.1 (1) A member or professional law corporation who has held money in trust on behalf of a person whom the member or professional law corporation has been unable to locate for 2 years or more, shall pay the money to the society.

             (2)  Where a member or professional law corporation has paid money to the society under subsection (1), the liability of the member or professional law corporation to pay that money to the person on whose behalf the member or professional law corporation previously held it or to that person's legal representative, is extinguished.

             (3)  The society shall hold in trust any money paid to it under subsection (1).

             (4)  The society is entitled to retain, for its purposes, interest on any money held by it under subsection (3).

             (5)  A person or the legal representative of a person who, but for subsections (1) and (2), could have claimed money held in trust by a member or professional law corporation, may claim the money from the society and, on being satisfied that the person is entitled to it, the society shall pay the money to the person.

             (6)  A claim against the society under subsection (5) is not enforceable after the expiration of 10 years after the money is received by the society under subsection (1) and, after expiration of the 10 year period, the society shall pay the money, excluding any interest retained under subsection (4) to the foundation for its purposes.

             (7)  The society shall, for the purpose of public notice, publish in Part I of the Gazette the available identifying information regarding the unclaimed trust funds at the end of the 9th year after the money is received by the society before taking the action referred to in subsection (6).

             (8)  Where a claim is made under subsection (5) and the society is not satisfied that the person is entitled to the money, that person or the legal representative of that person may apply to the Trial Division for a review of the decision of the society and the court may, where it is satisfied that the person is entitled to the money, allow the claim.

2004 c48 s27; 2005 c20 s15

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By-laws

      71. The board may make by-laws for matters related to the affairs, property and purposes of the foundation and, in particular, may make by-laws respecting

             (a)  the number and designation of officers of the foundation;

             (b)  the resignation or removal from office of officers of the foundation;

             (c)  the number and designations of employees of the foundation other than officers, and their terms and conditions of employment;

             (d)  the remuneration of officers and employees of the foundation;

             (e)  the operation of the foundation fund;

             (f)  the deposit and remission of funds under section 69; and

             (g)  the terms, conditions and limitations upon which funds may be used for the purpose of the foundation.

1999 cL-9.1 s71

PART V
GENERAL PROVISIONS

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Protection

      72. An action does not lie against a bencher, a member of a committee or panel, a custodian, the president, the vice-president or another officer or employee of or counsel for the society, for anything done by him or her in good faith in purporting to act under this Act, the rules or an order made under Part III.

1999 cL-9.1 s72; 2004 c48 s28

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Communications

      73. An action for defamation against a bencher, a member of a committee or panel, the president, the vice-president or another officer or employee of or counsel for the society may not be founded on the publication of a communication that consists of or pertains to an allegation or complaint, where the communication is published in the course of investigating the allegation or complaint or in the course of proceedings under Part II.

1999 cL-9.1 s73; 2004 c48 s29

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Recovery of fees

      74. (1) In this section "fees" means fees, costs, charges and disbursements.

             (2)  A member or professional law corporation may sue for and recover the member's or professional law corporation's reasonable and lawful fees arising from services performed by the member or professional law corporation while engaged in the practice of law.

             (3)  A bill of fees may be taxed before a master of the Supreme Court.

             (4)  Notice of taxation of a bill of fees may be given

             (a)  by the member or professional law corporation claiming payment to a person from whom payment is claimed; or

             (b)  by a person from whom a payment is claimed to the member or professional law corporation claiming payment.

             (5)  Five clear days' notice of taxation of a bill of fees shall be given.

             (6)  A copy of the bill of fees to be taxed shall be served with the notice of taxation.

             (7)  Where the party to be served with notice of taxation fails to attend the taxation and it is proved by affidavit that he or she has been served with the notice or that he or she is absconding or absent from the province, the bill of fees may be taxed in the absence of the party to be served.

             (8)  An amount in excess of the bill of fees as taxed and allowed in respect of the professional services specified is not recoverable and where paid shall be refunded.

             (9)  The bill of fees as taxed and allowed under this Part may be entered as a judgment in a court of record having jurisdiction as a judgment of that court.

          (10)  The taxation of a bill of fees under this Part may be appealed to the Trial Division or a judge of the court in the same way as costs are taxed between parties to an action or proceeding in the court.

          (11)  A person is not entitled to recover fees as a member or professional law corporation or to tax a bill of fees as a member or professional law corporation unless he or she was a member in good standing or professional law corporation holding a valid licence at the time that the fees were incurred.

          (12)  Where a person receives money or other consideration in payment of fees as a member or professional law corporation that were incurred at a time when that person was not a member in good standing or a professional law corporation did not hold a valid licence, other than by way of an amount actually reimbursed to another person entitled to receive it, the money or other consideration shall be refunded to the person from whom it was received and the person from whom it was received may recover it by action in a court.

          (13)  Subsection (3) does not apply to the retention of fees paid or agreed to be paid by a client to a member or a professional law corporation in advance of his or her or the corporation's undertaking or providing a professional service, where the service is rendered.

          (14)  For the purpose of asserting a solicitor's lien, a professional law corporation is considered to have the same privileges as a member.

1999 cL-9.1 s74; 2005 c20 s16; 2008 c17 s11; 2013 c16 s25

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Fees, levies, assessments, etc.

      75. (1) Notwithstanding section 68 of the Judicature Act , the fee for an originating document or statement of claim except unilateral originating applications issued by a solicitor out of the Trial Division shall be paid to the Supreme Court for the society and when received shall be paid from the court to the vice-president for the purpose of the society.

             (2)  The fee referred to in subsection (1) shall be set by the minister.

             (3)  A member or professional law corporation shall pay to the society fees, levies and assessments in the amount and manner prescribed under the rules.

             (4)  Fees, levies, assessments, costs, expenses, fines or other money payable by a member, former member, student or former student, professional law corporation, former professional law corporation, or one of its directors, officers, employees or agents, under this Act or the rules or a decision or an order under this Act or the rules are the property of the society and unless otherwise ordered shall be paid to the society.

1999 cL-9.1 s75; 2004 c48 s30; 2005 c20 s17; 2013 c16 s25

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Authority to practise law

      76. (1) A person, other than a member in good standing or a professional law corporation holding a valid licence, shall not engage in the practice of law, except

             (a)  an individual acting on his or her own behalf in a proceeding to which he or she is a party other than a person to whom a debt has been assigned for collection only;

             (b)  a person drawing, preparing, revising or settling a testamentary document or a document pertaining to real or personal property or a document that is intended to be enforceable by law or to have a legal effect for his or her own use, or for others without receiving or expecting to receive a fee, gain, reward or benefit;

             (c)  a person appearing as an agent for another person before a Provincial Court judge when authorized to do so by an Act of the Parliament of Canada or the Legislature or before an administrative tribunal where permitted by the practice of the tribunal; and

             (d)  students, to the extent authorized by the benchers.

             (2)  The authority granted by paragraphs (1)(a) and (c) includes the drawing, preparing, revising or settling of related documents.

             (3)  A person who is employed by a member, a firm of members, a professional law corporation or the province and who, acting under the supervision of a member, complies with any rules prescribed by the benchers, does not contravene subsection (1).

             (4)  A member who is suspended or who has elected non-practising status or who is a life member or honorary member shall not do an act described in paragraphs 2(2)(a) to (h).

             (5)  A former member who has been disbarred or who, as a result of discipline proceedings has resigned from membership in the society, or who has otherwise ceased to be a member shall not do an act described in paragraphs 2(2)(a) to (i).

             (6)  A person shall not engage in the practice of law under a name containing the words "professional law corporation" or "PLC" unless the professional law corporation is incorporated or continued as a corporation under the Corporations Act and the corporation is the holder of a licence which has not been suspended or revoked.

1999 cL-9.1 s76; 2004 c36 s22; 2005 c20 s18

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Employment of suspended or disbarred member

      77. (1) A member shall not employ in connection with his or her practice a suspended member or a member whose name has been struck off the roll of the society except under the authority of a resolution of the benchers and in accordance with those rules that may be made by the benchers.

             (2)  A professional law corporation shall not employ a suspended member or a member whose name has been struck off the roll of the society except under the authority of a resolution of the benchers and in accordance with those rules that may be made by the benchers.

1999 cL-9.1 s77; 2005 c20 s19

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Branch offices

      78. (1) A member shall not open or maintain a branch office for the practice of law in the province unless the office is under the personal and actual control and management of a member in good standing.

             (2)  A professional law corporation shall not open or maintain a branch office in the province unless the office is under the personal and actual control and management of a member in good standing.

1999 cL-9.1 s78; 2005 c20 s20

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Offences

      79. (1) A natural person or corporation and an officer, employee or agent of a corporation who contravenes this Part is guilty of an offence and liable

             (a)  for the first offence, to a fine of not more than $2000;

             (b)  for a second offence, to a fine of not more than $5,000; and

             (c)  for a third and subsequent offence to a fine of not more than $10,000.

             (2)  A person who contravenes a provision of this Act, other than a provision of this Part, is guilty of an offence and liable to a fine of not more than $5,000.

             (3)  In a prosecution under this Part it is sufficient proof of an offence if it is proved that the accused committed a single act prohibited by this Part.

             (4)  A proceeding in respect of an offence under this Act may be instituted within but not later than 2 years after the subject matter of the proceeding is discovered.

1999 cL-9.1 s79; 2004 c48 s31

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Injunction

      80. Upon application by the society, a judge of the Trial Division may make an order restraining a person from contravening or continuing to contravene a provision of this Part, whether or not a conviction has been adjudged in respect of the contravention.

1999 cL-9.1 s80

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Notice of standing

      81. (1) Notice of every admission and enrollment and of every disbarment, suspension, resignation, readmission or other change in the status of a member or a student shall be given in the manner prescribed in the rules.

         (1.1)  A notice of the issuance of a licence to a professional law corporation and the suspension, revocation or reinstatement of a licence shall be given in the manner prescribed by the rules.

             (2)  A certificate purporting to be signed by the executive director and stating that a named person was or was not on a specified day or during a specified period

             (a)  a member;

             (b)  a member in good standing;

             (c)  an honorary member;

             (d)  a life member;

             (e)  an inactive member;

             (f)  a suspended member;

subject to restrictions on his or her ability to engage in the practice of law, including without limitation whether he or she is a practising or a non-practising member and whether he or she is insured or uninsured,

             (g)  a student;

             (h)  an officer of the society; or

              (i)  a bencher,

is admissible in evidence as, in the absence of evidence to the contrary, proof of the facts stated without proof of the executive director's appointment or signature.

             (3)  A certificate purporting to be signed by the executive director and stating that a professional law corporation was or was not on a specified day or during a specified period engaging in the practice of law while its licence was suspended or after it had been revoked is admissible in evidence as, in the absence of evidence to the contrary, proof of the facts stated without proof of the executive director's appointment or signature.

1999 cL-9.1 s81; 2004 c48 s32; 2005 c20 s21

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Consultation

   81.1 The society shall, on an annual basis, consult with the department of the government of the province responsible for ensuring compliance with the labour mobility provisions of the Agreement on Internal Trade to ensure the society's compliance with those provisions.

2004 c48 s33

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Rep. by 2008 c17 s12

      82. [Rep. by 2008 c17 s12]

2008 c17 s12

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Commencement

      83. This Act comes into force, and except to the extent contemplated in subsection 82(3) the former Act is repealed, on January 1, 2000 .

1999 cL-9.1 s83