PART 2 – MEMBERSHIP AND AUTHORITY TO PRACTISE LAW

Division 1 – Practice of Law

Categories of membership

2-1 The following are the categories of members of the Society:

(a) practising lawyers, as defined in section 1 of the Act;
(b) retired members;
(c) non-practising members.

Member in good standing

2-2 A member of the Society is a member in good standing unless suspended under section 38(5)(d) of the Act or under these Rules.

[amended 07/2008; 03/2010]

Non-practising members

2-3 (1) Any member of the Society in good standing may become a non-practising member by

(a) undertaking in writing to the Executive Director not to engage in the practice of law until released from the undertaking, and

(b) paying the application fee specified in Schedule 1 and a prorated annual fee for non-practising members as provided in Schedule 3.

(2) Non-practising members must pay the annual fee specified in Schedule 1 by the preceding November 30.

[(2) amended 07/2004]

Retired members

2-4 (1) A member of the Society in good standing who has done one of the following qualifies to become a retired member:

(a) reached the age of 55 years;

(b) been a member of the Society in good standing for 20 of the previous 25 years;

(c) engaged in the full-time active practice of law for 20 of the previous 25 years.

(2) A lawyer who qualifies under subrule (1) may become a retired member by

(a) undertaking in writing to the Executive Director not to engage in the practice of law until released from the undertaking, and

(b) paying the application fee specified in Schedule 1 and the prorated annual fee for retired members as provided in Schedule 3.

(3) Retired members must pay the annual fee specified in Schedule 1 by the preceding November 30.

(4) The Benchers may, by resolution, waive payment of the annual fee by a retired member or group of retired members.

[(1) and (3) amended, (4) added 07/2004]

Release from undertaking

2-4.1 (1) A retired or non-practising member may apply for release from an undertaking given under Rule 2‑3 or 2‑4 by delivering to the Executive Director an application in a form approved by the Credentials Committee, including written consent for the release of relevant information to the Society.

(2) The Executive Director must not grant a release from undertaking under this Rule unless satisfied that the lawyer is not prohibited from practising law under Rule 2‑57.

[added 06/06]

Certificates and permits

2-5 The Executive Director may approve the form of

(a) practising certificate issued under section 23 of the Act,
(b) retired membership certificate issued under Rule 2-4,
(c) non-practising membership certificate issued under Rule 2-3,
(d) practitioner of foreign law permit issued under Rule 2-18, and
(e) inter-jurisdictional practice permit issued under Rule 2-12.

[amended 11/99]

Member information

Annual practice declaration

2-6 (1) In this Rule, "declaration" means the Annual Practice Declaration in a form approved by the Executive Committee.

(2) A practising lawyer must complete and deliver a declaration to the Executive Director in each calendar year.

(2.1) A declaration is not delivered under this Rule unless it is

(a) complete to the satisfaction of the Executive Director,

(b) received by the Executive Director by the date set by the Executive Director, and

(c) signed by the practising lawyer.

(3) The Executive Director must not issue a practising certificate to a lawyer who fails to deliver a declaration as required under this Rule, unless the Credentials Committee directs otherwise.

[(2) and (3) amended, (2.1) added 09/03]

Definition

2-7 In Rules 2-8 and 2-9, "address" includes

(a) the name under which a lawyer's firm carries on business, and

(b) the street address, including suite number if applicable, and mailing address, if that is different from the street address.

Business address

2-8 (1) A lawyer must advise the Executive Director of the address of all of the lawyer's places of business and inform the Executive Director immediately of a change of any of the lawyer's places of business.

(2) For the purpose of this Rule, a lawyer's place of business includes the place of business and registered and records office of a law corporation of which the lawyer is a voting shareholder.

[(2) added 09/03]

Residential address

2-9 A lawyer who ceases to have a place of business separate from the lawyer's residence must provide the following information to the Executive Director immediately:

(a) the address of the lawyer's residence;

(b) any change in the address of the lawyer's residence;

(c) on return to practice, employment or other business, the address of the lawyer's place of business.

Practice history

2-9.1 (1) In this Rule "practice history" means a record of

(a) the dates and places that a lawyer or former lawyer has practised law or been enrolled in the admission program, including the name of the firms through which the lawyer or former lawyer practised law, and

(b) dates of any periods since call and admission during which the lawyer or former lawyer has been a non-practising or retired member or a former member.

(2) On request by any person, the Executive Director may disclose all or part of the practice history of any member or former member of the Society.

[added 10/04]

Unauthorized practice

Unauthorized practice of law

2-10 (1) A lawyer must not knowingly facilitate by any means the practice of law by a person who is not a practising lawyer or otherwise permitted to practise law under sections 15 to 17 of the Act.

(2) Without limiting subrule (1), a lawyer must not knowingly do any of the following:

(a) act as an agent or permit his or her name to be used or held out in any way that enables a person to engage in the unauthorized practice of law;

(b) send a process or other document to a person or do any other act that enables a person to engage in the unauthorized practice of law;

(c) open or maintain an office for the practice of law unless the office is under the personal and actual control and management of a practising lawyer.

(3) When the Society obtains a court order or an agreement restraining a person who is not a practising lawyer from the practice of law, the Executive Director may publish generally a summary of the circumstances and of the order or agreement, in a form that appears appropriate to the Executive Director.

[(3) amended 02/06; (1) amended 12/2009, effective July 1, 2010]

Inter-jurisdictional practice

Definitions

2-10.1 In Rules 2-10.1 to 2-17.1,

"business day" means any calendar day or part of a calendar day in which a lawyer provides legal services;

"disciplinary record" includes any of the following, unless reversed on appeal or review:

(a) any action taken by a governing body as a result of

(i) professional misconduct,

(ii) incompetence,

(iii) conduct unbecoming a lawyer,

(iv) lack of physical or mental capacity to engage in the practice of law,

(v) any other breach of a lawyer's professional responsibilities;

(b) disbarment;

(c) a lawyer's resignation or otherwise ceasing to be a member of a governing body as a result of disciplinary proceedings;

(d) restrictions or limits on a lawyer's entitlement to practise, other than those imposed as a result of failure to pay fees to a governing body, insolvency or bankruptcy or other administrative matter;

(e) any interim suspension or restriction or limits on a lawyer's entitlement to practise imposed pending the outcome of a disciplinary hearing.

"entitled to practise law" means allowed, under all of the legislation and regulation of a home jurisdiction, to engage in the practice of law in the home jurisdiction;

"legal matter" includes any activity or transaction that constitutes the practice of law and any other activity or transaction ordinarily conducted by lawyers in British Columbia in the course of practising law, whether or not persons other than lawyers are legally capable of conducting it;

"National Mobility Agreement" means the 2002 National Mobility Agreement of the Federation of Law Societies of Canada, as amended from time to time;

"National Registry" means the National Registry of Practising Lawyers established under the National Mobility Agreement;

"permit" means an inter-jurisdictional practice permit issued under Rule 2-11;

"provide legal services" means to engage in the practice of law

(a) physically in British Columbia, except with respect to the law of a home jurisdiction, or

(b) with respect to the law of British Columbia physically in any jurisdiction,

and includes to provide legal services respecting federal jurisdiction in British Columbia;

"reciprocating governing body"

(a) means a governing body that has signed the National Mobility Agreement, and adopted regulatory provisions giving effect to the requirements of the National Mobility Agreement, and

(b) in respect of Rule 2-49.2 before January 1, 2012, includes a governing body that has signed the Territorial Mobility Agreement and adopted regulatory provisions giving effect to the requirements of the Territorial Mobility Agreement;

"resident" has the meaning respecting a province or territory that it has with respect to Canada in the Income Tax Act (Canada);

“Territorial Mobility Agreement” means the 2006 Territorial Mobility Agreement of the Federation of Law Societies of Canada, as amended from time to time.

[added 11/99; amended effective 07/03; amended 11/06]

Inter-jurisdictional practice without a permit

2-10.2 (1) Subject to the other requirements of this Rule, a visiting lawyer may provide legal services without a permit

(a) in the case of a visiting lawyer who is entitled to practise law in the jurisdiction of a reciprocating governing body of which the visiting lawyer is a member, for a maximum of 100 business days in any calendar year, or

(b) in all other cases, on not more than 10 legal matters and for not more than 20 business days in total during any 12-month period.

(2) A visiting lawyer must not hold himself or herself out or allow himself or herself to be held out as willing or qualified to provide legal services, except as a visiting lawyer.

(3) Subject to subrule (4), to qualify to provide legal services on a temporary basis under this Rule, a visiting lawyer must at all times

(a) carry professional liability insurance that

(i) is reasonably comparable in coverage and limits to that required of lawyers under Rule 3-21(1), and

(ii) extends to the visiting lawyer’s temporary practice in British Columbia,

(b) have defalcation compensation coverage from a governing body that extends to the visiting lawyer's temporary practice in British Columbia,

(b.1) not be subject to conditions of or restrictions on the visiting lawyer's practice or membership in the governing body in any jurisdiction imposed as a result of or in connection with proceedings related to discipline, competency or capacity,

(c) not be the subject of criminal or disciplinary proceedings in any jurisdiction, 

(d) have no disciplinary record in any jurisdiction, and

(e) not establish an economic nexus with British Columbia, contrary to Rule 2-10.21.

(4) On application of a visiting lawyer who otherwise qualifies under subrule (3), the Executive Director may allow the visiting lawyer to provide legal services without a permit beyond the limits set in subrule (1).

(4.1) On the written request of a visiting lawyer affected by a decision made by the Executive Director under subrule (4), the Executive Director must refer the matter to the Credentials Committee, and the Committee may

(a) confirm the decision of the Executive Director, or

(b) substitute its decision for that of the Executive Director.

(5) The requirement in subrule (3)(a) does not apply to a visiting lawyer who is exempt from compulsory liability insurance under Rule 3-25 with respect to legal services to be provided in British Columbia.

(6) A visiting lawyer who provides legal services without a permit must, on request, 

(a) provide evidence to the Executive Director that the visiting lawyer has complied with and continues to comply with this Rule, and

(b) disclose to the Executive Director each governing body of which the visiting lawyer is a member.

(7) Notwithstanding Rules 2-10.1 to 2-17.1, a member of the Canadian Forces who is entitled to practise law in a home jurisdiction in which he or she is a member of the governing body

(a) may provide legal services for or on behalf of the Office of the Judge Advocate General without a permit, and

(b) does not establish an economic nexus with British Columbia under Rule 2-10.21, provided that he or she provides legal services exclusively for or on behalf of the Office of the Judge Advocate General.

[added 11/99; amended, (4.1) added and (5) rescinded 06/01; 
(1) to (4) and (6) amended, (5) replaced and (7) added effective 07/03]

Disqualifications

2-10.21 (1) A visiting lawyer who has established an economic nexus with British Columbia is not permitted to provide legal services without a permit under Rule 2-10.2.

(2) For the purposes of this Rule, an economic nexus is established by actions inconsistent with a temporary basis for providing legal services, including but not limited to doing any of the following in British Columbia:

(a) providing legal services beyond 100 business days, or longer period allowed under Rule 2-10.2(4);

(b) opening an office from which legal services are offered or provided to the public;

(c) becoming resident;

(d) opening or operating a trust account, or accepting trust funds, except as allowed under Rule 2-16;

(e) holding oneself out or allowing oneself to be held out as willing or qualified to provide legal services, except as a visiting lawyer.

(3) A visiting lawyer who provides legal services in or from an office affiliated with the visiting lawyer's law firm in his or her home jurisdiction does not, for that reason alone, establish an economic nexus with British Columbia.

(4) A visiting lawyer who becomes disqualified under this Rule must cease providing legal services forthwith, but may apply under Rule 2-49 for call and admission or under Rule 2-11 for an inter-jurisdictional practice permit.

(5) On application by a visiting lawyer, the Executive Director may allow the visiting lawyer to continue to provide legal services pending consideration of an application under Rule 2-11 or 2-49.

[added effective 07/03]

Federal jurisdiction

2-10.3 (1) As an exception to the requirements of Rule 2-10.2, a visiting lawyer who is not disqualified under Rule 2-10.21(2)(b) to (e) may appear before any of the following tribunals without a permit:

(a) the Supreme Court of Canada;
(b) the Federal Court of Canada;
(c) the Tax Court of Canada;
(d) a federal administrative tribunal;
(e) [rescinded]
(f) service tribunals as defined in the National Defence Act;
(g) the Court Martial Appeal Court of Canada.

(2) Subrule (1) applies when a visiting lawyer is preparing for an appearance allowed under that subrule and otherwise furthering the matter giving rise to the appearance.

[added 11/99; heading and rule amended, (2) added effective 07/03]

Inter-jurisdictional practice permit

2-11 (1) A visiting lawyer who does not qualify to provide legal services without a permit under Rule 2-10.2 or is disqualified under Rule 2-10.21 may apply for a permit.

(1.1) A permit allows a visiting lawyer to provide legal services as follows:

(a) in the case of a visiting lawyer who is entitled to practise law in the jurisdiction of a reciprocating governing body of which the visiting lawyer is a member, for a maximum of 100 business days;

(b) in all other cases, for a specific legal matter.

(2) A visiting lawyer applying under subrule (1) must deliver to the Executive Director

(a) a completed permit application in a form approved by the Credentials Committee, including a written consent for the release of relevant information to the Society,

(b) the permit fee or renewal fee specified in Schedule 1,

(c) certificates of standing dated not more than 30 days before the date of application and in a form acceptable to the Credentials Committee, issued by each governing body of which the visiting lawyer is a member,

(d) proof of professional liability insurance as required under Rule 2-10.2(3)(a), and

(e) proof that the visiting lawyer has the defalcation coverage required under Rule 2-10.2(3)(b).

(3) [rescinded]

(4) Paragraph (2)(b) does not apply to an application made by a visiting lawyer who is a member of a governing body in a jurisdiction in which

(a) the visiting lawyer is entitled to practise law, and

(b) the governing body does not charge members of the Society a fee for the equivalent of a permit.

[amended, (3) rescinded 11/99; amended 06/01; (1) amended, (1.1) added effective 07/03]

Consideration of an application for inter-jurisdictional practice permit

2-12 (1) On receipt of an application for a permit, the Executive Director must

(a) issue or renew the permit, or

(b) refer the application to the Credentials Committee.

(2) If an application is referred to the Credentials Committee under subrule (1), the Committee must direct the Executive Director to

(a) issue or renew a permit, subject to any conditions or limitations the Committee may direct, or

(b) reject the application.

(3) If an application is rejected, the Credentials Committee must, at the written request of the person applying under Rule 2-11(1), give written reasons for the decision.

[(1) and (2) amended 11/99]

Non-practising and retired members

2-13 (1) If a permit is issued under Rule 2-12 to a non-practising member or a retired member, the member is released from the undertaking given under Rule 2-3 or 2-4 only for the purpose allowed by the permit.

(2) If a non-practising member or a retired member qualifies to provide legal services as a visiting lawyer without a permit under Rule 2-10.2, the member is released from the undertaking given under Rule 2-3 or 2-4 only for the purpose of providing legal services under Rule 2-10.2.

[amended, (2) added 11/99; (2) amended effective 07/03]

Expiry and renewal of inter-jurisdictional practice permit

2-14 (1) Subject to subrules (1.1), (2) and (3), a permit issued or renewed under Rule 2-12 is valid for one year from the date it was issued.

(1.1) In the case of a visiting lawyer who is not entitled to practise law in the jurisdiction of a reciprocating governing body of which the visiting lawyer is a member, the permit expires on the completion of the legal matter for which the permit was granted.

(2) A permit ceases to be valid if the holder of the permit

(a) is not a practising member in good standing of a governing body,

(b) fails to maintain professional liability insurance as described in Rule 2-11(2)(d), or

(c) is suspended or disbarred by any governing body.

(3) Before expiry of a permit under subrule (1)(b), the holder of the permit may apply under Rule 2-11 for its renewal.

[amended 11/99; (2) amended 06/01; (1) amended, (1.1) added effective 07/03]

Responsibilities of visiting lawyer

2-14.1 (1) The Act, these Rules and the Professional Conduct Handbook apply to and bind a visiting lawyer providing legal services.

(2) It is the responsibility of a visiting lawyer providing legal services to

(a) record and verify the number of business days in which he or she provides legal services, and

(b) prove that he or she has complied with these Rules.

[added effective 07/03]

Enforcement

2-15 (1) On the request of a governing body that is investigating the conduct of a lawyer, former lawyer or visiting lawyer or has initiated disciplinary proceedings against a lawyer, former lawyer or visiting lawyer, the Executive Director must provide all relevant information.

(1.1) When the Executive Director provides information to a governing body under subrule (1), the Executive Director may inform any person whose personal, confidential or privileged information may be included of that fact and the reasons for it.

(2) A fine imposed on a lawyer or former lawyer by a governing body may be enforced under Rule 4-36(4).

(3) [rescinded]

(4) A lawyer who practises law in another Canadian jurisdiction must comply with the applicable legislation, regulations, rules and Professional Conduct Handbook of that jurisdiction.

(5) The Executive Director may require a visiting lawyer to

(a) account for and verify the number of business days spent providing legal services, and

(b) verify compliance with any Rules specified by the Executive Director.

(6) If a visiting lawyer fails or refuses to comply with a requirement under subrule (5) within 20 days, or such longer time that the Executive Director may allow in writing,

(a) the visiting lawyer is prohibited from providing legal services without a permit,

(b) any permit issued to the visiting lawyer under Rule 2-11 is rescinded, and

(c) the Executive Director must advise each of the governing bodies of which the visiting lawyer is or has been a member, of the visiting lawyer's failure to comply and the consequences.

(7) A visiting lawyer who is affected by subrule (6) may apply to the Credentials Committee for restoration of any or all rights lost under that subrule and the Committee may, in its discretion, grant the application, subject to any conditions it considers to be in the public interest.

[(3) and (4) added 11/99; (1) and (2) amended 06/01;
(3) rescinded, (5) to (7) added effective 07/03; (1) and (2) amended, (1.1) added 10/03]

Trust funds and compensation fund

2-16 (1) A visiting lawyer providing legal services must not maintain a trust account in British Columbia, and must

(a) promptly remit funds received in trust to the visiting lawyer's trust account in the home jurisdiction, or

(b) ensure that trust funds received are handled

(i) by a practising lawyer in a trust account controlled by the practising lawyer, and

(ii) in accordance with the Act and these Rules.

(2) The provisions of the Protocol concerning claims for compensation for misappropriation apply to a claim under Rule 3-30 involving inter-jurisdictional practice.

[amended, (1) added 11/99; (1) amended 06/01; effective 07/03]

Dispute resolution

2-17 If a dispute arises with a governing body concerning any matter under the Protocol, the Credentials Committee may do one or both of the following:

(a) agree with a governing body to refer the matter to a single mediator;

(b) submit the dispute to arbitration under Appendix 5 of the Protocol.

National Registry of Practising Lawyers

2-17.1 (1) The Executive Director must provide to the National Registry the current and accurate information about practising lawyers required under the National Mobility Agreement.

(2) No one may use or disclose information obtained from the National Registry except for a purpose related to enforcement of the Act and these Rules.

[added effective 07/03]

Practitioners of foreign law

Practitioners of foreign law

2-18 (1) A person who qualifies under section 17 of the Act may apply to the Executive Director for a permit to act as a practitioner of foreign law in British Columbia by delivering to the Executive Director

(a) a completed permit application in a form approved by the Credentials Committee, including a written consent for the release of relevant information to the Society, and

(b) the permit fee specified in Schedule 1.

(2) The Executive Director may issue to a person applying under subrule (1) a permit to act as a practitioner of foreign law if satisfied that the person

(a) is a member of the legal profession in one or more foreign jurisdictions,

(b) is not suspended or disbarred and has not otherwise ceased, for disciplinary reasons, to be a member of a governing body or of the legal profession in any foreign jurisdiction,

(c) is a person of good character and repute,

(d) has practised the law of a foreign jurisdiction for at least 3 of the past 5 years, or undertakes in writing to act as a practitioner of foreign law in British Columbia only under the direct supervision of a practitioner of foreign law who has practised law in that foreign jurisdiction for at least 3 of the past 5 years,

(e) carries professional liability insurance or a bond, indemnity or other security

(i) in a form and amount at least reasonably comparable to that required of lawyers under Rule 3-21(1), and

(ii) that specifically extends to services rendered by the practitioner of foreign law while acting as such in British Columbia.

(3) Subject to subrule (4), the Executive Director may attach conditions to a permit issued or renewed under this Rule.

(4) The Executive Director may only attach under subrule (3) conditions that are authorized by the Credentials Committee.

(5) A permit issued under subrule (2) is valid for one year from the issue date shown on it.

(6) Despite subrule (5), a practitioner of foreign law permit ceases to be valid if the practitioner of foreign law

(a) is suspended as a result of proceedings taken under Part 4, or

(b) ceases to comply with any of the requirements of this Part.

Restrictions and limitations

2-19 (1) No one may practise the law of a foreign jurisdiction or market a foreign legal practice in British Columbia without a permit issued under Rule 2-18(2).

(2) A practitioner of foreign law who holds a current permit issued under Rule 2-18(2) may provide legal services in British Columbia respecting

(a) the law of the jurisdiction in which the practitioner of foreign law is fully licensed to practise law, and

(b) trans-jurisdictional or international legal transactions.

(3) A practitioner of foreign law must not

(a) provide advice respecting the law of British Columbia or another Canadian jurisdiction, or

(b) deal in any way with funds that would, if accepted, held, transferred or otherwise dealt with by a lawyer, constitute trust funds, except money received on deposit for fees to be earned in the future by the practitioner of foreign law.

(4) The Act, these Rules and the Professional Conduct Handbook apply to and bind a practitioner of foreign law.

(5) A practitioner of foreign law must notify the Executive Director promptly if he or she

(a) is the subject of criminal or professional discipline proceedings in any jurisdiction,

(b) ceases to be a member in good standing of the legal profession in any jurisdiction, or

(c) fails to complete satisfactorily any continuing legal education program required of the practitioner of foreign law as a member of the legal profession in a foreign jurisdiction.

Dual qualification

2-20 A lawyer, other than a retired or non-practising member, who is qualified to practise law in a foreign jurisdiction may act as a practitioner of foreign law in British Columbia without obtaining a permit, provided the lawyer holds liability insurance that

(a) specifically extends to the lawyer's activities as a practitioner of foreign law in British Columbia, and

(b) is in a form and amount at least reasonably comparable to that required of lawyers under Rule 3-21(1).

Marketing of legal services by practitioners of foreign law

2-21 A practitioner of foreign law who is not a member of the Society must do all of the following when engaging in any marketing activity as defined in the Professional Conduct Handbook, Chapter 14, Rule 2:

(a) use the term "practitioner of foreign law;"

(b) state the foreign jurisdiction in which he or she holds professional legal qualifications, and the professional title used in that jurisdiction;

(c) not use any designation or make any representation from which a recipient might reasonably conclude that the practitioner of foreign law is a member of the Society.

Renewal of permit

2-22 (1) In order to renew a practitioner of foreign law permit, a practitioner of foreign law must apply to the Executive Director for a renewal of the permit before his or her permit expires.

(2) A renewal application must include

(a) a completed permit renewal application in a form approved by the Credentials Committee, including a written consent for the release of relevant information to the Society,

(b) evidence satisfactory to the Executive Director that the practitioner of foreign law continues to comply with the requirements set out in Rule 2-18(2), and

(c) the renewal fee specified in Schedule 1.

(3) The Executive Director may renew the permit of a practitioner of foreign law who has complied with the Act and these Rules.

(4) Subject to subrule (5), a permit renewed under subrule (3) is valid for one year.

(5) Rule 2-18(6) applies to a permit renewed under subrule (3).

(6) A practitioner of foreign law who fails to pay when due the fee for renewal of a permit under subrule (2), including applicable taxes, or any part of it, must pay the late payment fee specified in Schedule 1.

Non-resident partners

Inter-jurisdictional law firms

2-23 (1) A lawyer who practises law as a member of an inter-jurisdictional law firm must ensure that the firm does the following respecting the firm's practice of law in British Columbia:

(a) complies with the Part 3, Division 7 of these Rules;

(b) makes its books, records and accounts, wherever they are located, available on demand by the Society or its designated agent.

(2) An inter-jurisdictional law firm is subject to discipline under Part 4 in the same way as a law corporation, except that the penalties that a panel may impose are the following:

(a) a reprimand of the firm;

(b) a fine in an amount not exceeding $100,000;

(c) an order prohibiting members of the firm who are not members of the Society from practising in British Columbia.

(3) On certification by a governing body that an inter-jurisdictional law firm has failed to pay, by the date on which it was due, a fine imposed under a provision similar to subrule (2), the Credentials Committee may make an order prohibiting lawyers from practising as members of the firm.

[(3) added 11/99; (1) amended 12/03]

Division 2 – Admission and Reinstatement

Credentials Committee

Credentials Committee

2-24 (1) For each calendar year, the President must appoint a Credentials Committee consisting of

(a) a chair and vice chair, both of whom must be Benchers, and

(b) other Benchers and lawyers.

(2) The President may remove any person appointed under subrule (1).

(3) At any time, the President may appoint a lawyer or Bencher to the Credentials Committee to replace a Committee member who resigns or otherwise ceases membership in the Committee, or to increase the number of members of the Committee.

Referral to Credentials Committee

2-25 (1) The Executive Director may refer any matter for decision under this Division to the Credentials Committee.

(2) On the written request of a lawyer, former lawyer, articled student or applicant affected by a decision made by the Executive Director under this Division, the Executive Director must refer the matter to the Credentials Committee.

(3) When a matter is referred to the Credentials Committee under this Rule, the Committee may make any decision open to the Executive Director under this Division and may substitute its decision for that of the Executive Director.

Powers of the Credentials Committee

2-26 (1) The Credentials Committee may

(a) and (b) [rescinded]

(c) exercise the authority of the Benchers to call and admit barristers and solicitors,

(d) implement, administer and evaluate a training course and examinations, assignments and assessments for all articled students,

(e) establish standards for passing the training course and examinations, assignments and assessment,

(f) establish procedures to be applied by the Executive Director and faculty of the training course for

(i) the deferral, review or appeal of failed examinations, assignments and assessments, and

(ii) remedial work in the training course or examinations, assignments and assessments, and

(g) review, investigate and report to the Benchers on all aspects of legal education leading to call and admission.

(2) When the Credentials Committee is empowered to order a hearing under this Division, it may do so even though the application has been withdrawn.

(3) The Credentials Committee may, with the consent of the person concerned, vary or remove practice conditions or limitations made under this Division or imposed by the Benchers on a review under Rule 5-13.

[(1) amended 11/99; 03/03]

Application for enrolment, admission or reinstatement

Disclosure of information

2-26.1 (1) When an application has been made under this Division, the Executive Director may

(a) disclose the fact that the application has been made and the status of the application, and

(b) on the request of a governing body, provide to the governing body copies of all or part of the contents of the application and related material.

(2) For the purpose of subrule (1)(a), the status of an application is its stage of progress in processing the application, including, but not limited to the following:

(a) received and under review;

(b) granted, with or without limitations and conditions;

(c) referred to the Credentials Committee;

(d) hearing ordered, whether or not a hearing has been scheduled;

(e) withdrawn;

(f) refused.

(3) Before the Executive Director sends material to a governing body under subrule (1)(b), the Executive Director must be satisfied that privacy of the applicant will be protected where possible, unless the material has been put in evidence in a public hearing.

(4) With the consent of the Credentials Committee, the Executive Director may deliver to a law enforcement agency any information or documents obtained under this Division that the Committee reasonably believes may disclose evidence of an offence.

(5) The Executive Director may disclose the existence and nature of a condition or limitation imposed or agreed to under this Division if the condition or limitation

(a) is ordered as a result of a hearing under this Division,

(b) restricts or prohibits a lawyer’s practice in one or more areas of law, or

(c) is imposed by Rule 2-48.1, 2-49.1 or 2-54.

(6) If the Executive Director discloses the existence of a condition or limitation under subrule (5) by means of the Society’s website, the Executive Director must remove the information from the website within a reasonable time after the condition or limitation ceases to be in force.

[added 02/2004; (1) amended, (5) and (6) added 06/2005; (5) amended 12/2009]

Admission program

Enrolment in the admission program

2-27 (1) An applicant for enrolment in the admission program may apply for enrolment at any time.

(2) [rescinded]

(3) Application is made under subrule (1) by delivering to the Executive Director the following:

(a) a completed application for enrolment in a form approved by the Credentials Committee, including a written consent for the release of relevant information to the Society;

(b) proof of academic qualification under subrule (4);

(c) an articling agreement stating a proposed enrolment start date not less than 30 days from the date that the application is received by the Executive Director;

(d) other documents or information that the Credentials Committee may reasonably require;

(e) the fee specified in Schedule 1.

(4) Each of the following constitutes academic qualification under this Rule:

(a) successful completion of the requirements for a bachelor of laws or the equivalent degree from a common law faculty of law in a Canadian university;

(b) a Certificate of Qualification issued under the authority of the Federation of Law Societies of Canada;

(c) approval by the Credentials Committee of the qualifications of a full-time lecturer at the faculty of law of a university in British Columbia.

(5) An official transcript of the applicant's grades at each faculty of law at which the applicant studied is proof of academic qualification under subrule (4)(a).

(6) The Credentials Committee may approve academic qualifications under subrule (4)(c) if the applicant

(a) has been a full-time lecturer at a common law faculty of law in a Canadian university for at least 5 of the last 8 years, and

(b) has been found by the Credentials Committee to have an adequate knowledge of the common law.

[(1) and (3) amended, (2) rescinded 11/99; (4) amended 09/01; (3) amended 03/03]

Re-enrolment

2-28 (1) This Rule applies to a person

(a) whose application for enrolment has been rejected because he or she has not satisfied a panel that he or she is of good character and repute and fit to become a barrister and solicitor of the Supreme Court,

(b) whose enrolment has been set aside by a panel under section 38(6)(d) of the Act, or

(c) who has failed to complete the training course satisfactorily.

(2) A person referred to in subrule (1)(a) or (b) may not apply for enrolment until the earlier of

(a) the date set by a panel acting under subrule (1)(a) or (b), or

(b) 2 years after the date of the event referred to in subrule (1)(a) or (b).

(3) A person referred to in subrule (1)(c) may not apply for enrolment for 1 year after the later of

(a) the date on which the Executive Director issued the transcript of failed standing, or

(b) the failed standing is confirmed under Rule 2-45(6)(a).

[amended, (3) added 03/04]

Consideration of application for enrolment

2-29 (1) The Executive Director must consider an application for enrolment by a person meeting the academic qualifications established under Rule 2-27, and may conduct or authorize any person to conduct an investigation concerning the application.

(2) On an application for enrolment as an articled student, the Executive Director may

(a) enrol the applicant without conditions or limitations effective the enrolment start date proposed in the application, or

(b) refer the application to the Credentials Committee.

(3) When an application is referred to the Credentials Committee under subrule (2), the Committee may

(a) enrol the applicant effective on or after the proposed enrolment start date without conditions or limitations,

(b) enrol the applicant effective on or after the proposed enrolment start date with conditions or limitations on the activities of the applicant as an articled student, if the applicant consents in writing to those conditions or limitations, or

(c) order a hearing.

[(2) and (3) amended 11/99; (1) amended 03/05]

Principals

2-30 (1) A lawyer may act as principal to no more than 2 articled students at one time.

(1.1) To qualify to act as a principal, a lawyer must have

(a) engaged in the active practice of law in Canada

(i) for 7 of the 10 years, and

(ii) full-time for 3 of the 5 years

immediately preceding the articling start date, and

(b) spent at least 5 years of the time engaged in the practice of law required under paragraph (a)(i) in

(i) British Columbia, or

(ii) Yukon Territory while the lawyer was a member of the Society.

(2) In exceptional circumstances, the Credentials Committee may allow a lawyer

(a) who does not qualify under subrule (1.1) to act as principal to an articled student, or

(b) to act as principal to more than 2 articled students at one time, despite subrule (1).

(3) On the recommendation of the Discipline Committee or Practice Standards Committee, or on its own motion, the Credentials Committee may inquire into a lawyer's suitability to act or to continue to act as principal to an articled student and may do any of the following:

(a) conduct or authorize any person to conduct an investigation concerning the fitness of the lawyer to act as a principal;

(b) require the lawyer to appear before the Credentials Committee and to respond to questions of the Committee;

(c) order the lawyer to produce any documents, records or files that the Credentials Committee may reasonably require.

(4) After allowing the lawyer to make submissions, the Credentials Committee may do any of the following:

(a) permit the lawyer to act as a principal to an articled student;

(b) permit the lawyer to act as a principal to an articled student subject to conditions or limitations;

(c) order that the lawyer not act as a principal to an articled student.

(5) The onus is on the lawyer to show cause why an order should not be made under subrule (4)(b) or (c).

[(1) and (2) amended 03/03, effective 05/04; (1) amended, (1.1) added 03/05; (2) amended 04/05]

Hiring articled students

2-31 (1) This Rule does not apply to temporary articles under Rule 2-42.

(2) This Rule applies to all lawyers practising in a firm that maintains an office in the city of Vancouver north of False Creek and west of Carrall Street.

(3) The Credentials Committee may designate an offer date in each calendar year.

(4) A lawyer must not offer articles to a student of any law school who has not begun the third year of studies unless the offer is to remain open at least until the offer date designated under subrule (3).

(5) As an exception to subrule (4), the Credentials Committee may allow a lawyer to withdraw an offer of articles before the offer date designated under subrule (3).

Articling term

2-32 (1) Unless the articling period is changed under Rules 2-32 to 2-37, an articled student must work in the office of his or her principal for a period of not less than 9 months.

(2) Unless otherwise permitted in this Division, the articling term must be continuous, except that this period may be interrupted by

(a) attendance at the training course,

(b) annual vacation of up to 10 working days at the discretion of the principal, or

(c) a leave of absence as permitted under Rule 2-41.

(3) Any time taken for matters referred to in subrule (2) must not be included in the calculation of the articling term.

(4) The articling term cannot be reduced by more than 5 months by any other Rule or the combined effect of any Rules.

(5) The Credentials Committee may increase the articling term to not more than 2 years if

(a) the articled student's performance has been unsatisfactory, 

(a.1) the articled student has not completed his or her obligations under the articling agreement, or

(b) other circumstances justify an increase.

(6) If it would result in the articled student qualifying for call and admission within 2 years of the student's first enrolment start date, a student enrolled for a second time is entitled to credit for

(a) successful completion of the training course, and

(b) time spent in articles.

(7) If an articled student is enrolled for a second or subsequent time, the Credentials Committee may grant credit for successful completion of the training course and some or all time spent in articles when the articled student was previously enrolled.

[(5) amended 03/2003; (4) amended 12/2009]

Mid-term report

2-32.1 (1) This Rule does not apply to

(a) temporary articles under Rule 2-42, or

(b) articles when the term is less than 6 months.

(2) Before the student has completed 60 percent of his or her articling term, the principal and the student must deliver to the Executive Director a joint report on the student's progress to date in articles in a form approved by the Credentials Committee.

(3) A report under this Rule must include a plan for completing the obligations of the principal and student under the articling agreement.

[added 03/03]

Part-time articles

2-33 (1) An applicant for enrolment may apply to complete some or all of his or her articles part-time by submitting the following to the Executive Director not less than 2 months before the enrolment start date:

(a) the documents and information required under Rule 2-27(3);

(b) the fee for enrolment specified in Schedule 1;

(c) an articling agreement that includes all of the following:

(i) the prospective principal's express approval of the part-time arrangements;

(ii) the type of experience to be provided to the applicant;

(iii) the hours per day to be worked by the applicant;

(iv) the length of the proposed articling term.

(2) An articled student may apply to change his or her articles to part-time articles by submitting to the Executive Director the articling agreement referred to in subrule (1)(c).

(3) The Executive Director may approve an application made under subrule (1) or (2) if

(a) the proposed articling term is a continuous period that would give work experience in the office of the principal equivalent to that required under Rule 2-32(1), and

(b) the student or applicant's articles will be completed within 2 years of the articling start date.

(4) The part-time equivalent of the articling period is calculated on the following basis:

(a) 8 hours of scheduled work equals one day of articles;

(b) no additional credit is allowed for more than 8 hours per day.

(5) If the Executive Director refers an application under this Rule to the Credentials Committee, the Committee must consider the applicant's submissions and may

(a) approve the application without conditions or limitations,

(b) approve the application, subject to any conditions or limitations it considers appropriate, or

(c) reject the application.

[(1) amended 03/03]

Law clerks

2-34 (1) An articled student who has been employed as a law clerk for not less than 8 months may apply in writing to the Executive Director for a reduction in the articling term by an amount of time equal to 1/2 of the time served as a law clerk.

(2) An articled student whose application under this Rule is accepted must article to his or her principal for a period of time and according to a schedule approved by the Executive Director.

(3) An application under this Rule must be accompanied by

(a) a written report on the student's character and competence from the judge to whom the articled student clerked, and

(b) other documents or information that the Credentials Committee may reasonably require.

2-35 [rescinded 11/2009 – see Rule 2-48.1]

Articles in another Canadian jurisdiction

2-36 An articled student or applicant for enrolment who has served a period of articles in another Canadian jurisdiction immediately before or after the student's period in articles in British Columbia, may apply in writing to the Executive Director for a reduction in the articling term by an amount of time equal to the time served in articles in the other jurisdiction.

Practice experience in a common law jurisdiction outside Canada

2-37 (1) An articled student or applicant for enrolment who holds professional legal qualifications obtained in a common law jurisdiction outside Canada and has been in the active practice of law in that jurisdiction for at least one full year, may apply in writing to the Executive Director for a reduction in the articling term.

(2) An articling term may be reduced under this Rule by up to one month for each full year of active practice of law in another jurisdiction.

Secondment of articles

2-38 (1) A principal may permit his or her articled student to work in the office of another lawyer qualified to act as a principal, for not more than a total of 8 weeks of the student's articling period.

(2) The Executive Director may permit an articled student to work in the office of a lawyer qualified to act as a principal, other than the student's principal for a period or periods exceeding 8 weeks of the student's articling period.

(3) If permission is granted under subrule (2), the Executive Director may set conditions as appropriate.

Assignment of articles

2-39 (1) An articled student may apply for permission to assign his or her articles to another lawyer qualified to act as a principal by filing with the Executive Director, not later than 7 days after commencing employment at the office of the new principal,

(a) an assignment of articles in a form approved by the Credentials Committee,

(b) a declaration of principal in a form approved by the Credentials Committee, and

(c) statements from the previous principal and from the articled student setting out the reasons for the assignment.

(2) If the articled student does not apply to the Executive Director within the time specified in subrule (1), the time between the date the student left the previous principal's office and the date the student filed the application for assignment is not part of the articling period, unless the Credentials Committee directs otherwise.

(3) If the previous principal does not execute one or more of the documents referred to in subrule (1), the Executive Director may dispense with the filing of those documents.

(4) If the proposed principal is qualified to act as principal to an articled student, the Executive Director may approve an application under this Rule.

(5) If the Executive Director refers an application under this Rule to the Credentials Committee, the Committee must consider the student's submissions, and may

(a) approve the application without conditions or limitations,

(b) approve the application, subject to any conditions or limitations it considers appropriate, or

(c) reject the application.

(6) An application under this Rule may be approved effective on or after the date on which the articled student began employment at the office of a new principal.

Other employment

2-40 During the articling period and the training course, an articled student is not permitted to accept employment from any person other than the student's principal or the person to whom the student's articles are seconded under Rule 2-38, except with the approval of the Executive Director.

Leave during articles

2-41 (1) In the period from an articled student's enrolment start date until call and admission, the student may take a leave of absence from articles, provided

(a) the total time of leaves of absence, other than maternity and parental leaves, during the period does not exceed 22 working days,

(b) the leave of absence does not affect the student's attendance at the training course as required, and

(c) if any part of the leave is to take place when the student is required to work in the office of his or her principal, the principal consents to the leave in advance.

(2) Any time taken for a leave of absence under this Rule is not part of the articling period.

(3) An articled student who becomes a natural or adoptive parent during or within 12 weeks before the articling period is entitled to 12 weeks or, if the student is the primary caregiver of the child, 16 weeks parental leave.

(4) An articled student is entitled to 18 weeks maternity leave during the period from 11 weeks before to 17 weeks after giving birth, in addition to her entitlement under subrule (3).

(5) If maternity or parental leave causes an articled student to fail to attend any part of the training course, the Credentials Committee may require the student to attend all or part of the course at a session held after the completion of the student's maternity or parental leave.

(6) An articled student who takes a leave of absence under subrule (1) must notify the Executive Director in writing in advance.

(7) An articled student who takes a leave of absence under subrule (3) or (4) must notify the Executive Director in writing as soon as possible.

(8) On the written application of an articled student, the Executive Director may allow the student to take a leave of absence that is not otherwise authorized by this Rule, provided that the articled student will be eligible for call and admission within 2 years of his or her enrolment in the admission program.

(9) On the written application of an articled student, the Credentials Committee may allow the student to take a leave of absence that is not approved by the Executive Director, including a leave that will result in the student not being eligible for call and admission within 2 years of his or her enrolment in the admission program.

[(8) amended, (9) added 09/01]

Temporary articles

2-42 (1) A person may apply for enrolment in temporary articles by filing with the Executive Director, not less than 30 days before the enrolment start date,

(a) an application for enrolment in a form approved by the Credentials Committee, including a written consent for the release of relevant information to the Society,

(b) an articling agreement in a form approved by the Credentials Committee, and

(c) the fee for temporary articles specified in Schedule 1.

(2) The Executive Director may enrol the following in temporary articles:

(a) a student at a common law faculty of law in a Canadian university;

(b) a person whose application for enrolment as an articled student has been approved, but whose articling term has not yet begun;

(c) a person who is qualified to practise law in a Commonwealth country and has actually practised law in that country for 2 years or more.

(3) Temporary articles granted under subrule (2)(a) are void if the student ceases to be a student at a common law faculty of law in Canada.

(4) The Executive Director may only grant temporary articles under Subrule (2)(a) that are subject to a definite termination date.

(5) The Executive Director must not grant temporary articles under subrule (2)(b) effective more than 6 weeks before the beginning of the person's articling term.

(6) The Executive Director may not grant temporary articles under subrule (2)(c) for a period exceeding 3 months.

(7) Time spent in temporary articles is not part of the articling term.

(8) Except as otherwise specified in these Rules, a person enrolled in temporary articles has the rights, privileges and responsibilities of an articled student.

(9) The Credentials Committee may revoke temporary articles at any time for any reason without giving notice to the temporary articled student and without holding a hearing.

[(2) amended 09/01; (3) amended 03/03]

Court and tribunal appearances by articled students

2-43 (1) An articled student may appear:

(a) in the Federal Court of Canada as that Court permits,

(b) in Supreme Court of British Columbia in Chambers on any

(i) uncontested matter under Rule 52 of the Rules of Court, or

(ii) contested application for

(A) time to plead,

(B) leave to amend pleadings, or

(C) discovery and production of documents, or

(iii) other procedural application relating to the conduct of a cause or matter,

(c) before a registrar or other officer exercising the power of a registrar of the Supreme Court of British Columbia or Court of Appeal for British Columbia,

(d) in the Provincial Court of British Columbia

(i) on any summary conviction offence or proceeding,

(ii) on any matter in the Family Division or the Small Claims Division, or

(iii) when the Crown is proceeding by indictment or under the Young Offenders Act (Canada) in respect of an indictable offence, for the purposes only of

(A) speaking to an application for an adjournment,

(B) setting a date for preliminary inquiry or trial,

(C) speaking to an application for judicial interim release or an application to vacate a release or detention order and to make a different order, or

(D) an election or entry of a plea of Not Guilty on a date before the trial date,

(e) on an examination of a debtor,

(f) on an examination for discovery in aid of execution, or

(g) before an administrative tribunal.

(2) An articled student is not permitted to do the following:

(a) conduct an examination for discovery;

(b) represent a party who is being examined for discovery;

(c) represent a party at a pre-trial conference.

(3) A person enrolled in temporary articles under Rule 2-42(2)(c) may appear in court only on a summary conviction matter and under the direct supervision of a practising lawyer.

Training course

2-44 (1) The Executive Director may set the dates on which sessions of the training course will begin.

(2) The Credentials Committee may direct that an articled student be given priority in selection of the training course session that the student wishes to attend if the student is or will be

(a) articling outside the Lower Mainland,

(b) articling as the only student in a firm, or

(c) employed as a law clerk.

(3) Before registering in the training course, an articled student or applicant must make application for enrolment under Rule 2-27(3).

(4) To register in a training course session, an articled student or applicant must

(a) pay to the Society the fee for the training course specified in Schedule 1, and

(b) deliver to the Executive Director

(i) an application for registration, and

(ii) the principal's consent to the training course session chosen.

(5) The Executive Director must deliver to each student who was registered in a training course session and to each student's principal, a transcript stating whether the student passed or failed the training course.

(5.1) If a student fails part of the training course, the Executive Director may allow the student one further attempt to pass the examinations, assignments or assessments concerned.

(6) An articled student may apply in writing to the Credentials Committee for exemption from all or a portion of the training course, and the Committee may, in its discretion, grant all or part of the exemption applied for with or without conditions, if the student has

(a) successfully completed a bar admission course in another Canadian jurisdiction, or

(b) engaged in the active practice of law in a common law jurisdiction outside Canada for at least 5 full years.

[(4), (5) and (6) amended 03/03; (5.1) added 03/04]

Tutorial program

2-44.1 (1) The Executive Director may establish a tutorial program to assist students participating in the training course.

(2) Priority for access to tutorial assistance must be as follows:

(a) first priority to students of aboriginal heritage;

(b) second priority to all other students.

[added 05/01; (1) amended 03/03]

Review by Credentials Committee

2-45 (1) Subject to subrule (1.1), an articled student who has failed the training course may apply in writing to the Credentials Committee not more than 21 days after the date on which the Executive Director issued the transcript, for a review of his or her failed standing.

(1.1) An articled student may not apply to the Credentials Committee under subrule (1) if the student has failed in 3 attempts to pass the training course, including any of the following:

(a) the original attempt;

(b) a further attempt to pass examinations, assignments or assessments under Rule 2-44(5.1);

(c) any attempt to meet a requirement under subrule (6).

(2) The Credentials Committee may, in its discretion, consider an application for review received after the period specified in subrule (1).

(3) An articled student applying for a review under this Rule must state the following in the application:

(a) any compassionate grounds, supported by medical or other evidence, that relate to the student's performance in the training course;

(b) any grounds, based on the student's past performance, that would justify the Credentials Committee granting opportunities for further remedial work;

(c) the relief that the student seeks under subrule (6).

(4) The Credentials Committee may

(a) deliver a copy of the student's application for review to the Executive Director,

(b) consider any written submission made by the Executive Director, the student, the principal or other person who, in the Committee's opinion, could provide information relevant to the grounds for review, or

(c) invite one or more of the student, the principal or the Executive Director, to make any further written submissions, or to meet informally with the Committee.

(5) Subject to the Act and these Rules, the Credentials Committee may determine the practice and procedure to be followed at a review under this Rule.

(6) After considering the submissions made under subrules (3) and (4), the Credentials Committee may do one or more of the following:

(a) confirm the standing, including any failed standing, stated in the transcript delivered by the Executive Director;

(b) grant the student an adjudicated pass in a training course examination, assignment or assessment, with or without conditions;

(c) require the student to complete further examinations, assignments or assessments, and to pass them at a standard set by the Committee;

(d) require the student to complete or repeat and pass all or a portion of the training course;

(e) require the student to complete a specified program of training at an educational institution or under the supervision of a practising lawyer, or both.

(7) A student who is directed to do anything under subrule (6) must pay the fee for the training course, or for each examination, assignment or assessment as specified in Schedule 1.

(8) The Executive Director must deliver to each student who has been required by the Credentials Committee to do anything under subrule (6), and to that student's principal, a transcript stating the student's standing and the extent to which any standards or conditions set by the Committee have been met.

[(1), (4), (6) and (8) amended 03/03; (1) amended, (1.1) added 03/04; (6) amended 05/07]

Termination of enrolment

2-46 (1) An articled student is no longer enrolled in the admission program if the student's articles are terminated by the principal or the student for any reason and no assignment of the student's articles is approved within 30 days.

(2) The 30-day period referred to in subrule (1) does not run while the student is registered in and attending the training course.

(3) A person whose enrolment has ceased under subrule (1) may apply for enrolment under Rule 2-27(3).

[(4) rescinded 11/99]

Call and admission

Call and admission

2-47 To qualify for call and admission, an articled student must complete the following satisfactorily:

(a) the articling term;

(b) the training course;

(c) any other requirements of the Act or Rules imposed by the Credentials Committee or the Benchers.

First call and admission

2-48 (1) An articled student who applies for call and admission must deliver the following to the Executive Director:

(a) the following in the form approved by the Credentials Committee:

(i) a petition for call and admission;

(ii) a declaration of the principal;

(iii) a declaration of the applicant;

(iii.1) a joint report of the principal and the applicant certifying completion of their obligations under the articling agreement;

(iv) a completed questionnaire;

(v) written consent for the release of relevant information to the Society;

(b) [rescinded]

(c) an errors and omissions insurance application or exemption form;

(d) the following fees:

(i) the call and admission fees specified in Schedule 1;

(ii) the prorated practice fee specified in Schedule 2;

(iii) the prorated annual insurance fee specified in Schedule 2, unless exempt under Rule 3-25;

(iv) the prorated Special Compensation Fund assessment specified in Schedule 2;

(e) any other information and documents required by the Act or these Rules that are requested by the Credentials Committee or the Benchers.

(2) An application under this Rule may be made at any time.

(3) If an articled student fails to meet the requirements of this Rule, including the delivery of all documents specified, the Executive Director must summarily

(a) reject the application for call and admission, and

(b) terminate the student's enrolment.

(4) When the Credentials Committee has initiated a review under Rule 5-13 of a hearing panel's decision to enrol an articled student, the articled student is not eligible for call and admission until the Benchers have issued a final decision on the review or the review is withdrawn by the Credentials Committee.

[(2) amended 11/99; (4) added 05/02; (1) amended 03/03]

Law school faculty

2-48.1 (1) A full-time lecturer in a faculty of law of a university in Canada who has the academic qualifications required under Rule 2-27 may apply for call and admission without completing the admission program.

(2)  On an application under this Rule, the Credentials Committee may approve the application subject to the condition specified in subrule (3).

(3)  A lawyer called and admitted under this Rule who ceases to be a full-time lecturer in a faculty of law of a university in Canada must complete the admission program unless the Credentials Committee otherwise orders.

(4)  The Benchers may require a lawyer who fails to comply with subrule (3) to resign from the Society.

[added 11/2009]

Transfer from another Canadian jurisdiction

2-49 (1) An applicant for call and admission on transfer from another jurisdiction in Canada must deliver the following to the Executive Director:

(a) an application for call and admission on transfer in a form approved by the Credentials Committee, including written consent for the release of relevant information to the Society;

(b) a certificate of character;

(c) a certificate of standing from each body regulating the legal profession, in any jurisdiction, in which the applicant is or has been a member of the legal profession;

(d) an errors and omissions insurance application or exemption form;

(e) proof of academic qualification as required of applicants for enrolment under Rule 2-27(4);

(f) the following fees:

(i) the investigation fees and call and admission fees specified in Schedule 1;

(ii) the prorated practice fee specified in Schedule 2;

(iii) the prorated annual insurance fee specified in Schedule 2, unless exempt under Rule 3-25;

(iv) the prorated Special Compensation Fund assessment specified in Schedule 2;

(g) any other information and documents required by the Act or these Rules that are requested by the Credentials Committee or the Benchers.

(2) An applicant under this Rule must not be called and admitted unless the Executive Director is satisfied that the lawyer is not prohibited from practising law under Rule 2-57.

(3) Unless Rule 2-49.2 applies, an applicant under this Rule must pass an examination on jurisdiction-specific substantive law, practice and procedure set by the Executive Director.

(4) An applicant who does not satisfy the Executive Director that he or she has an adequate knowledge of the English language must complete satisfactorily the training required by the Credentials Committee.

(5) An applicant required to write an examination under this Rule or Rule 2-57 must pass the required examination within 12 months after the Executive Director's decision to permit the applicant to write the examination.

(6) At least 30 days before writing the first examination, an applicant who is required to write an examination under this Rule or Rule 2-57 must pay the fee specified for the examination in Schedule 1.

(7) An applicant who fails the transfer or qualification examination

(a) is entitled to a formal re-read of the examination on application to the Executive Director in writing within 30 days of notification of his or her failure,

(b) may re-write the examination

(i) at any time, provided he or she has not failed the examination before, or

(ii) after a period of one year from the date of the failure if he or she has previously failed the examination, or

(c) may be permitted to write the examination for a third or subsequent time at any time despite subparagraph (b)(ii) on application to the Credentials Committee in writing stating

(i) compassionate grounds, supported by medical or other evidence, or

(ii) other grounds based on the applicant's past performance.

[(2) amended 11/99; (2) and (3) amended effective 07/03; (2), (3), (5) and (6) amended 06/06]

In-house counsel

2-49.1 (1) An applicant under Rule 2-49 may apply to the Credentials Committee for call and admission as in-house counsel.

(2) On an application under this Rule, the Credentials Committee may exempt an applicant from the requirements to write and pass the transfer examination or the qualification examination or complete the requirement under Rule 2-49.2(3).

(3) A lawyer who is called and admitted as in-house counsel must practise law in British Columbia only on behalf of the lawyer’s employer or one of its subsidiaries or affiliates.

(4) On application of a lawyer called and admitted as in-house counsel, the Credentials Committee may relieve the lawyer of the restriction under subrule (3), on the lawyer

(a) writing and passing the required examination under Rule 2-49, or

(b) completing the requirements under Rule 2-49.2(3), if the lawyer

(i) has practised law full-time in British Columbia for 2 years, or the equivalent in part-time practice, immediately preceding the application,

(ii) is entitled to practise law in the jurisdiction of a reciprocating governing body of which the applicant is a member, or

(iii) was, when called and admitted in British Columbia, entitled to practise law in the jurisdiction of a governing body that is now a reciprocating governing body, of which the applicant was a member.

[added 11/99; (2) and (3) amended, (4) added 07/04]

Transfer under National Mobility Agreement and Territorial Mobility Agreement

2-49.2 (1) This Rule applies to an applicant for transfer from another Canadian jurisdiction, provided that the applicant is entitled to practise law in the jurisdiction of a reciprocating governing body of which the applicant is a member.

(2) An applicant under this Rule must fulfil all of the requirements in Rule 2-49 for call and admission on transfer from another Canadian jurisdiction, except that he or she need not pass any transfer examination.

(3) To qualify for call and admission, an applicant under this Rule must certify in a prescribed form that he or she has reviewed and understands all of the materials reasonably required by the Executive Director.

(4) A lawyer called and admitted under this Rule has no greater rights as a member of the Society than

(a) the lawyer has as a member of the governing body of his or her home jurisdiction, or

(b) any other member of the Society in similar circumstances.

[added effective 07/03; heading amended 11/06]

Consideration of application for call and admission

2-50 (1) The Executive Director must consider an application for call and admission by a person meeting the requirements under this division, and may conduct or authorize any person to conduct an investigation concerning the application.

(2) On an application for call and admission, the Executive Director may

(a) authorize the call and admission of the applicant without conditions or limitations, or

(b) refer the application to the Credentials Committee.

(3) When an application is referred to the Credentials Committee under subrule (2), the Committee may

(a) authorize the call and admission of the applicant without conditions or limitations,

(b) authorize the call and admission of the applicant with conditions or limitations on the practice of the applicant, if the applicant consents in writing to those conditions or limitations, or

(c) order a hearing.

Barristers and solicitors' roll and oath

2-51 (1) The Executive Director must maintain the barristers and solicitors' roll in paper or electronic form, or a combination of both.

(2) Every lawyer who is called to the Bar of British Columbia and admitted as a solicitor of the Supreme Court must,

(a) before beginning the practice of law, take the barristers and solicitors' oath in a form approved by the Benchers before a judge of the Provincial Court or a superior court in British Columbia or before a practising lawyer, and

(b) be presented in open court before one or more of the judges of the Supreme Court.

(3) The Executive Director must enter in the barristers and solicitors' roll the full names of all persons who are called as barristers and admitted as solicitors.

(4) On proof that an applicant who has otherwise qualified for call and admission has taken the oath required under subrule (2)(a), the Executive Director must issue to the applicant a practising certificate or a non-practising certificate, as the case may be.

(5) The Executive Director must not renew a practising certificate issued under subrule (4) unless the lawyer has been presented in open court as required under subrule (2)(b).

(6) As an exception to subrule (5), the Executive Director may renew a certficate issued under subrule (2)(b) within four months of its expiry date.

[(1) and (2) amended, (4) to (6) added 11/99]

Reinstatement

Reinstatement of a former lawyer

2-52 (1) A former lawyer may apply for reinstatement as a member of the Society by delivering the following to the Executive Director:

(a) an application for reinstatement in a form approved by the Credentials Committee, including written consent for the release of relevant information to the Society;

(b) the appropriate reinstatement fee specified in Schedule 1.

(2) An applicant for reinstatement may apply for the following status on reinstatement:

(a) practising lawyer, only if the applicant has met the conditions for practising law under Rule 2-57;

(b) non-practising member on compliance with Rule 2-3;

(c) retired member if the lawyer is qualified under Rule 2-4(1) and on compliance with Rule 2-4(2) and (3).

(2.1) On application from an applicant under subrule (2)(c), the Credentials Committee may waive payment of all or part of the reinstatement fee on any conditions that the Committee considers appropriate.

(3) On reinstatement, an applicant under subrule (2)(a) may be issued a practising certificate on payment of the following:

(a) the prorated practice fee specified in Schedule 2;

(b) the prorated annual insurance fee specified in Schedule 2, unless exempt under Rule 3-25;

(c) the prorated Special Compensation Fund assessment specified in Schedule 2;

(d) any surcharge for which the lawyer is liable under Rule 3-26(2).

(4) On reinstatement, an applicant under subrule (2)(b) or (c) may be issued a non-practising or retired member certificate on payment of the appropriate prorated fee specified in Schedule 3.

(5) Subject to subrule (5.1), the Executive Director must consider an application for reinstatement of a former lawyer and may conduct or authorize any person to conduct an investigation concerning the application.

(5.1) The Executive Director must not consider the application of a former lawyer for reinstatement unless the former lawyer has

(a) submitted all trust reports required under Rules 3-72 and 3-78(1),

(b) [rescinded]

(c) paid all assessments accrued under Rule 3-74 before and after the former lawyer ceased to be a member of the Society unless the Discipline Committee orders the assessments need not be paid under Rule 3-74(3), and

(d) paid all costs of trust reports ordered under Rule 3-74.1(6).

(6) If an applicant for reinstatement is a disbarred lawyer, the Executive Director must refer the application to the Credentials Committee.

(7) On any application for reinstatement to which subrules (5.1) and (6) do not apply, the Executive Director may

(a) reinstate the applicant without conditions or limitations, or

(b) refer the application to the Credentials Committee for consideration.

(8) Subject to subrule (9), when an application for reinstatement is referred to the Credentials Committee under subrule (7), the Committee may

(a) reinstate the applicant without conditions or limitations,

(b) reinstate the applicant with conditions or limitations on the practice of the applicant if the applicant consents in writing to those conditions or limitations, or

(c) order a hearing.

(9) The Credentials Committee must order a hearing in the following circumstances:

(a) section 19(3) of the Act requires that a hearing be ordered;

(b) the Committee cannot reach another disposition of the matter under subrule (8);

(c) the Committee resolves by simple majority to order a hearing.

(10) An applicant for reinstatement must give written notice of the application to those persons that the Executive Director may direct, and the persons notified may appear in person or by counsel at the hearing and be heard on the application.

(11) If a disbarred lawyer is reinstated after a hearing, the Executive Director must publish and circulate to the profession a summary of the circumstances and the panel's reasons for the reinstatement.

[(5) and (7) amended, (5.1) added effective 08/03; (5.1) amended 12/03; (2.1) added 07/04;
(5.1) amended 02/06; (2) amended 06/06]

Subsequent application for reinstatement

2-53 A person whose application for reinstatement is rejected under section 22(3) of the Act may not make a new application for reinstatement until the earlier of the following:

(a) 2 years after the date on which the application was rejected;

(b) the date set by the panel when the application was rejected or by the Benchers on a review under Part 5.

Reinstatement of former judge or master

2-54 (1) Subject to subrules (2) and (3) a reinstated lawyer who was a judge or a master must restrict his or her practice of law as follows:

(a) a former judge of a federally appointed court in British Columbia, the Supreme Court of Canada or the Federal Court of Canada must not appear as counsel in any court in British Columbia without first obtaining the approval of the Credentials Committee;

(b) a former judge of the Provincial Court of British Columbia must not appear as counsel in that Court for 3 years after ceasing to be a judge;

(c) a former master of the Supreme Court of British Columbia must not appear as counsel before a master, a registrar, a district registrar or a deputy district registrar of the Supreme Court of British Columbia for 3 years after ceasing to be a master.

(2) The Credentials Committee may impose conditions respecting the practice of a former judge when giving approval for that lawyer to appear as counsel under subrule (1)(a).

(3) The Credentials Committee may at any time relieve a lawyer of a practice restriction referred to in subrule (1) and may impose conditions respecting the practice of the lawyer concerned.

(4) A lawyer who has served as a judge or master in any court must not use any judicial title or otherwise allude to the lawyer’s former status in any marketing activity.

(5) Subrule (4) does not preclude a lawyer who has served as a judge or master from referring to the lawyer’s former status in

(a) a public announcement that the lawyer has resumed the practice of law or joined a law firm,

(b) a public speaking engagement or publication that does not promote the lawyer’s practice or firm,

(c) seeking employment, partnership or appointment other than the promotion of the lawyer’s practice or firm, or

(d) informal conversation or correspondence.

(6) For the purpose of this rule, it is not the promotion of a lawyer’s practice or firm to provide, on request, a curriculum vitae or other statement of experience that refers to the lawyer’s former status as a judge or master.

[(4) to (6) added 05/09]

Returning to practice

Definitions

2-55 (1) In Rules 2-55 to 2-59, unless the context indicates otherwise,

“lawyer” includes a former lawyer or applicant;

"relevant period” is the shortest of the following periods of time in the immediate past:

(a) 5 years;

(b) the time since the lawyer’s first call and admission in any jurisdiction;

(c) the time since the lawyer last passed the qualification examination;

(d) in the case of a practising lawyer who has paid the full-time insurance fee since January 1, 2006, the time since that date.

(2) For the purpose of paragraph (b) of the definition of “relevant period” in subrule (1), a lawyer is deemed to have been called and admitted as of the date that a practising certificate was issued under Rule 2‑51(4).

[heading and rule amended 06/06]

2-56 [rescinded 06/06]

Returning to the practice of law after an absence

2-57 (1) If, for a total of 3 years or more in the relevant period, a lawyer has not engaged in the practice of law, the lawyer must not practise law without first doing one of the following:

(a) passing the qualification examination;

(b) obtaining the permission of the Committee under subrule (3).

(2) Subrule (1) applies

(a) despite any other Rule, and

(b) whether or not the lawyer holds or is entitled to hold a practising certificate.

(3) A lawyer may apply in writing to the Committee for permission to practise law without passing the qualification examination.

(4) On an application under subrule (3), the Committee may approve the application if, in its judgement

(a) the lawyer has engaged in activities that have kept the lawyer current with substantive law and practice skills, or

(b) the public interest does not require the lawyer to pass the qualification examination.

(5) Before approving an application under subrule (4), the Committee may require the lawyer to enter into a written undertaking to do any of the things set out in Rule 2-59(2)(b).

[(1.1) added 11/99; (2) amended, (3) to (5) added 05/00;
heading and rule amended, (1.1) rescinded 06/06]

Qualification examination fee

2-58 A lawyer who is required to write the qualification examination under Rule 2-57(1) must pay, at least 30 days before writing the first examination, the fee specified in Schedule 1.

[heading and rule amended, (1) rescinded 06/06]

Conditions on returning to the practice of law

2-59 (1) A lawyer or applicant who has spent a period of 7 years or more not engaged in the practice of law must not practise law without the permission of the Credentials Committee.

(2) As a condition of permission to practise law under subrule (1), the Credentials Committee may require one or more of the following in addition to passing the qualification examination:

(a) successful completion of

(i) the admission program,

(ii) the training course, or

(iii) a part of the training course;

(b) a written undertaking to do any or all of the following:

(i) practise law in British Columbia immediately on being granted permission;

(ii) not practise law as a sole practitioner;

(iii) practise law only in a situation approved by the Committee for a period set by the Committee, not exceeding 2 years;

(iv) successfully complete the training course or a part of the training course within a period set by the Committee, not exceeding one year from the date permission is granted;

(v) practise only in specified areas of law;

(vi) not practise in specified areas of law.

(3) Despite Rule 2-26(3), the Credentials Committee may vary a condition under subrule (2)(a) without the consent of the lawyer concerned.

(4) On the written application of the lawyer, the Credentials Committee may allow a variation of an undertaking given under subrule (2)(b).

[heading, (1), (2) and (4) amended 06/06]

2-60 [rescinded 06/06]

Credentials hearings

Notice to applicant

2-61 (1) When a hearing is ordered under this Division, the Executive Director must promptly notify the applicant in writing of

(a) the purpose of the hearing,

(b) the date, time and place of the hearing,

(c) the circumstances to be inquired into at the hearing, and

(d) the amount of security for costs set by the Credentials Committee under Rule 2-62.

(2) The Executive Director must serve the notice referred to in subrule (1)

(a) in accordance with Rule 10-1, and

(b) not less than 30 days before the date set for the hearing, unless the applicant consents in writing to a shorter period.

Security for costs

2-62 (1) When a hearing is ordered under this Division, the Credentials Committee must set an amount to be deposited by the applicant as security for costs.

(2) In setting the amount to be deposited as security for costs under this Rule, the Credentials Committee may take into account the circumstances of the matter, including but not limited to, the applicant's

(a) ability to pay, and

(b) likelihood of success in the hearing.

(3) The amount to be deposited as security for costs cannot exceed an amount that approximates the amount that the panel may order to be paid under Rule 5-9.

(4) The Credentials Committee may vary the amount set to be deposited as security for costs under this Rule on application by the applicant or counsel for the Society.

(5) If the amount set for security for costs under this Rule has not been deposited with the Executive Director 15 days before the date set for a hearing, the hearing is adjourned.

(6) Before the time set for depositing security for costs under subrule (5), an applicant may apply to the Credentials Committee for extension of time, and the Committee may, in its discretion, grant all or part of the extension applied for.

[(5) amended, (6) added 06/03]

Law Society counsel

2-63 The Executive Director must appoint an employee of the Society or retain another lawyer to represent the Society when

(a) a hearing is ordered under this Division,

(b) an applicant appeals a decision to the Court of Appeal under section 48 of the Act, or

(c) the Society is a respondent in any other action involving an application relating to sections 19 to 22 of the Act or this Division.

Pre-hearing conference

2-63.1 (1) The President may order a pre-hearing conference at any time before a hearing ordered under this Division commences, at the request of the applicant or counsel for the Society, or on the President's own initiative.

(2) When a conference has been ordered under subrule (1), the President must

(a) set the date, time and place of the conference, and

(b) designate a Bencher to preside at the conference.

(3) Counsel for the Society, and the applicant or applicant's counsel or both, must be present at the conference.

(4) Any person may participate in a conference by telephone or by any other means of communication that allows all persons participating to hear each other, and a person so participating is present under subrule (3).

(5) The conference must consider

(a) the possibility of agreement on facts in order to facilitate the hearing,

(b) the discovery and production of documents,

(c) the possibility that privilege or confidentiality might require that all or part of the hearing be closed to the public, or that exhibits and other evidence be excluded from public access,

(d) setting a date for the hearing,

(e) any application by counsel for the Society to withhold the identity or locating particulars of a witness, and

(f) any other matters that may aid in the disposition of the application.

(6) The Bencher presiding at a pre-hearing conference may

(a) adjourn the conference to a specified date, time and place,

(b) order discovery and production of documents,

(c) set a date for the hearing, and

(d) allow or dismiss an application under subrule (5)(f).

[added 02/04]

Appointment of panel

2-64 When a hearing is ordered under this Division, the President must appoint a panel in accordance with Rule 5-2.

Adjournment of hearing

2-65 (1) Before a hearing commences, the applicant or counsel for the Society may request that the hearing be adjourned by delivering to the Executive Director a notice in writing that sets out the reasons for the request.

(2) The Executive Director must promptly notify the following of a request under subrule (1) and the reasons for it:

(a) the party not making the request;
(b) a person given written notice of the application under Rule 2-52(10);
(c) the President;
(d) anyone else who, in the Executive Director's opinion, should be notified.

(3) Before a hearing commences, the President must decide whether to grant the adjournment, with or without conditions, and advise the parties accordingly.

(4) The President may designate another Bencher to make a determination under subrule (3).

(5) After a hearing has commenced, the chair of the panel may adjourn the hearing, with or without conditions, to a specified date, time and place.

[(2) amended 10/07]

Attendance at the hearing

2-66 Unless the chair of the panel otherwise orders, the applicant must personally attend the entire hearing.

Onus and burden of proof

2-67 (1) At a hearing under this Division, the onus is on the applicant to satisfy the panel on the balance of probabilities that the applicant has met the requirements of section 19(1) of the Act and this Division.

(2) A panel must reject an application for enrolment if it considers that the applicant's qualifications referred to in Rule 2-27(4) are deficient.

Procedure

2-68 (1) Following completion of the evidence, the panel must invite the applicant and counsel for the Society to make submissions on the issues to be decided by the panel.

(2) If the circumstances of the applicant have changed so as to make the outcome of the hearing moot, the panel may do one of the following after hearing submissions on behalf of the Society and the applicant:

(a) adjourn the hearing generally;

(b) reject the application;

(c) commence or continue with the hearing.

(3) After submissions under subrule (1), the panel must determine the facts and decide whether to

(a) grant the application

(b) grant the application subject to conditions or limitations that the panel considers appropriate, or

(c) reject the application.

(4) The panel must prepare written reasons for its findings.

(5) The Executive Director must promptly deliver a copy of the panel’s reasons prepared under subrule (4) to the applicant and counsel for the Society.

[(3) to (5) added 07/07]

Variation or removal of conditions or limitations

2-69 (1) A lawyer or articled student on whom conditions or limitations have been imposed by a panel under this Division may apply to the President to have them varied or removed.

(2) The President must refer an application under subrule (1) to the same panel that conducted the hearing or to the Credentials Committee, as the President considers appropriate.

Publication of credentials decision

2-69.1 (1) Subject to Rule 2-69.2, the Executive Director may publish and circulate to the profession a summary of the circumstances and of any decision of a hearing panel on an application under this Division and the reasons given for the decision.

(2) When a publication is allowed under subrule (1), the Executive Director may also publish generally

(a) a summary of the circumstances of the decision of the hearing panel and the reasons given for the decision, or

(b) all or part of the report of the hearing panel.

(3) When the Executive Director publishes a document under this Rule by means of the Society's website, the Executive Director must remove the publication from the part of the website for current decisions and may relocate it to an archive part of the website when 6 months have elapsed from the decision of the hearing panel.

(4) This Rule must not be interpreted to permit the disclosure of any information subject to solicitor and client privilege or confidentiality.

[added 02/04]

Anonymous publication

2-69.2 (1) Except as required or allowed under this Rule, a publication under Rule 
2-69.1 must identify the applicant.

(2) If the application that is the subject of the hearing is rejected, the publication must not identify the applicant unless the applicant consents in writing.

(3) The panel may order that publication not identify the applicant if

(a) the application is approved without limitation or conditions on the practice or articles of the applicant, and

(b) publication will cause grievous harm to the applicant or another identifiable individual that outweighs the interest of the public and the Society in full publication.

(4) An applicant may apply to the panel for an order under subrule (3)

(a) in writing or on the record in the course of a hearing, and

(b) no later than 7 days after the written hearing report is issued or oral reasons delivered.

(5) The Executive Director must not publish under Rule 2-69.1 until

(a) 7 days after a hearing report is issued or oral reasons given, unless the applicant waives the right to apply under subrule (4), or

(b) an application under subrule (4) is resolved or withdrawn.

(6) If a panel orders that a respondent's identity not be disclosed under subrule (3), the panel must state in writing the specific reasons for that decision.

(7) If, on a review of a panel decision rejecting an application, the Benchers approve the application, the applicant may apply to the Benchers under subrule (4), and subrules (3) to (6) apply as if the Benchers were a panel.

[added 02/04]

Division 3 - Fees and Assessments

Annual practising fees

2-70 (1) The annual practising fee, special compensation fund assessment and insurance fee are payable in respect of each calendar year.

(2) The date for payment of the annual practising fee, special compensation fund assessment and first insurance fee instalment is November 30 of the year preceding the year for which they are payable.

[(2) amended 05/04]

Assessments

2-71 (1) The Benchers may, by resolution, set a special assessment of all

(a) practising lawyers,
(b) practising lawyers and applicants,
(c) members of the Society, or
(d) members of the Society and applicants.

(2) A resolution under subrule (1) must set a date by which the assessment must be paid.

Late payment

2-72 (1) A lawyer who fails to pay fees by the date required under Rule 2-70 but pays all required fees before December 31 of the year preceding the year for which they are payable, together with the late payment fee under this Rule, continues to be a member of the Society.

(2) The Executive Director may extend the time for a lawyer or class of lawyers to pay fees or a special assessment and, if the lawyer pays

(a) the annual fee or special assessment by the date to which the time is extended, and

(b) the late payment fee under this Rule,

the lawyer is deemed to be a member of the Society in good standing and to have been in good standing during the period of time that the lawyer's fee or special assessment was unpaid.

(3) A lawyer, other than a retired or non-practising member, who has failed to pay the annual practice fee in accordance with Rule 2-70, is required to pay the late payment fee for practising members specified in Schedule 1.

(4) A retired member who has failed to pay the annual fee for retired members in accordance with Rule 2-4 is required to pay the late payment fee for retired members specified in Schedule 1.

(5) A non-practising member who has failed to pay the annual fee for non-practising members in accordance with Rule 2-3 is required to pay the late payment fee for non-practising members specified in Schedule 1.

(6) A lawyer who does not pay a special assessment by the date specified under Rule 2-71(2) or extended under subrule (2) must pay a late payment fee of 20% of the amount of the assessment.

(7) When there are special circumstances, the Executive Director may, in his or her discretion, waive or reduce a late payment fee payable under this Rule.

[(1), (2) and (7) amended 05/04]

Application and definition

2-72.1 (1) Rules 2-72.1 to 2-72.5 apply to client matters in connection with which a lawyer receives trust funds on or after March 1, 2005.

(2) In Rules 2-72.1 to 2-72.5, "client matter" means any distinct matter on which a lawyer is retained to represent or advise a client, including but not limited to the following:

(a) a transaction of any kind;

(b) a claim or potential claim by or against the lawyer’s client;

(c) a proceeding.

[added 10/04]

Trust administration fee

2-72.2 (1) A lawyer must pay to the Society the trust administration fee specified in Schedule 1 for each client matter undertaken by the lawyer in connection with which the lawyer receives any money in trust, not including fees and retainers.

(2) Only one trust administration fee is payable in respect of a single client matter in which

(a) a lawyer represents joint clients, or

(b) more than one lawyer in a law firm acts.

(3) For each quarter year ending on the last day of March, June, September or December, a lawyer must remit the following to the Society within 30 days of the end of the quarter year to which they apply:

(a) trust administration fees that have become payable under subrule (1) during the quarter year;

(b) a completed trust administration report in a form approved by the Executive Committee.

[added 10/04]

Late payment of trust administration fee

2-72.3 A lawyer who fails to remit the trust administration fee and report by the time required under this Rule must pay a late payment fee of 5 percent of the amount due for each month or part of a month from the date the lawyer is required to remit the fee and report under Rule 2-72.2(3) until the fee, including the late payment fee, and the report are received by the Society.

[added 10/04]

Executive Director’s discretion

2-72.4 The Executive Director may

(a) decide what constitutes a client matter under Rule 2-72.1, in individual cases, and

(b) extend or vary the time for remitting the trust administration fee and report under Rule 2-72.2(3).

[added 10/04]

Referral to Executive Committee

2-72.5 (1) The Executive Director may refer any matter for decision under Rule 2-72.4 to the Executive Committee, and the Committee may make any decision open to the Executive Director under that Rule.

(2) On the written request of a lawyer affected by a decision made by the Executive Director under Rule 2-72.4, the Executive Director must refer the matter to the Executive Committee, and the Committee may

(a) confirm the decision of the Executive Director, or

(b) substitute its decision for that of the Executive Director.

[added 10/04]

Taxes payable

2-73 Any fee or assessment on which any government tax is payable is not paid unless that tax is also paid.

Refund when lawyer does not practise law

2-74 (1) A lawyer who has paid the annual fee for a practice year but who satisfies the Executive Director that the lawyer has totally abstained from practice in British Columbia during that year through disability other than a suspension is entitled to a refund of

(a) the difference between the practice fee set by the members of the Society under section 23(1)(a) of the Act and the non-practising member fee specified in Schedule 1,

(b) the Special Compensation Fund assessment set by the Benchers under section 23(1)(b) of the Act, and

(c) a portion of the annual insurance fee set under section 30(3)(a) of the Act, in an amount determined by the Executive Director.

(2) On payment of the refund under subrule (1), the lawyer

(a) immediately ceases to be qualified to practise law, and

(b) on compliance with Rule 2-3, becomes a non-practising member.

(3) A lawyer who qualifies under Rule 2-4 to be a retired member and complies with that Rule, may elect to become a retired member rather than a non-practising member under subrule (2)(b) and receive a refund of the difference between the non-practising member fee and the retired member fee specified in Schedule 1, in addition to the refund under subrule (1).

Refund on exemption during practice year

2-75 (1) A lawyer who has paid the annual fee for a practice year and ceases to practise for any reason other than suspension or becomes exempt under Rule 3-25 during that year, is entitled to a refund of a portion of the annual insurance fee in an amount determined by the Executive Director.

(2) If a lawyer becomes a non-practising or retired member during a year for which the lawyer has paid the practice fee, the Executive Director must apply a prorated portion of the practice fee, excluding any portion of the practice fee collected on behalf of the Canadian Bar Association, to the prorated non-practising or retired member fee and refund the difference, if any, to the lawyer.

(3) A lawyer who ceases practising law under any of the following circumstances is entitled to a refund of the unused portion of the practice fee, excluding any portion of the practice fee collected on behalf of the Canadian Bar Association, less the administration fee specified in Schedule 1:

(a) judicial appointment;

(b) death;

(c) total incapacity such that the lawyer is incapable of applying for non-practising status.

[(2) and (3) amended 05/04]

2-76 [Rescinded 11/99]

Failure to pay fine, costs or penalty

2-77 (1) The Executive Director must apply any money received from or on behalf of a lawyer or former lawyer to payment of the following due and owing by the lawyer or former lawyer before any fees or assessments:

(a) a fine;

(b) costs;

(c) a penalty;

(d) a deductible amount paid under the Society's insurance program on behalf of the lawyer;

(e) reimbursement for payment made on behalf of the lawyer or former lawyer under Part B of the policy of professional liability insurance.

(2) If a lawyer fails to pay, by the time that it is required to be paid, any of the amounts referred to in subrule (1), the Credentials Committee may suspend the lawyer until the amount is paid.

[amended 12/03; (1) amended 03/05; 07/06]

No refund on suspension

2-78 A lawyer who is suspended

(a) is not entitled to a refund of any part of the annual fee for the period of the suspension or any special assessment that the lawyer has paid, and

(b) must pay the annual fee or special assessment when it is due.

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Part 2 out of ten parts in the Law Society Rules