[Table of Contents]  [Table of Concordance, current Rules > former Rules]

 

These Law Society Rules no longer in effect

These Law Society Rules were in effect until June 30, 2015, and are archived here for reference.

The revised and consolidated Law Society Rules 2015 came into effect on July 1, 2015. Download a PDF of the concordance between the new and old rules.

Table of Concordance (former Rules > current Rules)

The "former Law Society Rules" refers to those Rules adopted effective June 1, 1988 and as amended at December 30, 1998. The "current Law Society Rules" refers to those adopted effective December 31, 1998.

 

Former
Law Society Rules

Current
Law Society Rules

PART 1 DEFINITIONS  
1 Definitions 1
     
PART 2 LAW SOCIETY ADMINISTRATION  
2 Seal 1-43
3 Laying of information 1-44
5 Freedom of Information and Protection of Privacy Act 1-45
7 Appointment of Law Society counsel 1-46
     
PART 3 ELECTIONS  
A. Election of Benchers  
10 Qualifications 1-21
11 Eligibility of retiring Benchers 1-21
12 Nomination 1-22
13 Acclamation 1-23
14 Voter list 1-24,1-25
15 Error in voter list 1-25
16 Entitlement to vote 1-24
17 Voting procedure 1-26
18 Rejection of ballot papers 1-27
19 Alternative vote ballot 1-28
20 Scrutineers 1-29
21 Counting of votes 1-30
22 Declaration of candidates elected 1-32
23 Attendance of candidate 1-31
24 Election record and disclosure of votes received 1-33
25 Review by Executive Committee 1-34
26 Retention of documents 1-35
27 Bencher by-election 1-19,1-36
28 Plebiscite of district members respecting Bencher appointment 1-38
B. Electoral districts  
35 Regional representation by Benchers 1-20
C. Election of Assistant Deputy Treasurer  
50 Election procedure 1-18
C.1 Election of Executive Committee  
55 Election procedure 1-39
D. Removal of Treasurer, Deputy Treasurer or Assistant Deputy Treasurer  
60 Referendum of the membership respecting the removal of the Treasurer, Deputy Treasurer or Assistant Deputy Treasurer 1-4
E. General  
70 Date falling on Saturday, Sunday or other holiday 1-40
71 Interruption of postal service 1-41
72 Extension of dates 1-42
     
PART 4 MEETINGS OF THE SOCIETY  
A. General meetings  
79 Definitions 1
80 Place and time of annual general meeting 1-6
81 Place of special general meeting 1-9
82 Procedure at general meeting 1-11
84 Notice 1-6
86 Remote locations 1-7
B. Bencher meetings  
90 Place of Bencher meeting 1-7,1-12
91 Notice of Bencher meeting 1-14
92 Procedure at Bencher meeting 1-15
C. Committee meetings  
93 Quorum 1-16
94 Procedure for committee meetings 1-17
     
PART 5 COMPLAINTS  
102 Definitions 1,3-1
103 Appointment of Complainants' Review Committee 3-8
104 Complaints 3-2
105 Consideration by the Secretary 3-4
106 Investigation of complaints 3-5
107 Action after investigation 3-6
108 Notifying the parties 3-7
109 Review by Complainants' Review Committee 3-9
110 Confidentiality of complaints 3-3
     
PART 6 STANDING COMMITTEES  
B. Executive Committee  
120 Composition 1-48
121 Powers and duties 1-49
C. Competency Committee  
130 Definitions 1
131 General principle 3-11
132 Consideration by the Committee 3-12
133 Action by the Committee 3-12,3-14,3-15
134 Law office management and file reviews 3-13
135 Consent to a remedial program 3-13
136 Competency Review Panel rescinded
137 Panel hearings rescinded
138 Panel report to Committee rescinded
139 Action by Committee rescinded
140 Confidentiality of Competency Committee deliberations 3-16
141 Report to complainant 3-17
145 Costs 3-18
154 Family law mediation 3-20
D. Credentials Committee  
300 Definitions 1
301 Appointment of Credentials Committee 2-24
302 Referral to Credentials Committee 2-25
304 Appointment of counsel for credentials hearings 2-63
305 Credentials hearings  
  (1) Notice to applicant 2-61
  (2) Timing of the notice 2-61
  (3)-(5) Security for costs 2-62
  (6)-(9) Adjournment of hearing 2-65
  (10) Attendance at the hearing 2-66
  (11) Private hearing 5-6
  (12) Transcript 5-7
  (13) Onus and burden of proof 2-67
  (14) Procedure at hearing 2-68
  (15)-(17) Evidence and submissions 2-68
  (18)-(19) Decision of the hearing panel 5-8
306 Costs 5-9
310 Appeal to Benchers from credentials hearing 5-13
311 Enrolment in the admission program 2-27,2-28,2-67
312 Qualifications to act as a principal 2-30
314 Hiring articled students 2-31
315 Articling term 2-32,2-46
315.1 Part-time articles 2-33
315.2 Law clerks 2-34
315.3 Law school faculty 2-35
315.4 Articles in another Canadian jurisdiction 2-36
315.5 Practice experience in a common law jurisdiction outside Canada 2-37
316 Secondment of articles 2-38
317 Assignment of articles 2-39
318 Other employment 2-40
319 Leave during articles 2-41
320 Temporary articles 2-42
321 Court and tribunal appearances by articled students 2-43
325 Termination of enrolment 2-46
350 Powers of the Credentials Committee 2-26
351 Training course 2-44
352 Review by Credentials Committee 2-45
370 Application for call and admission on transfer from another province or territory 2-49
380 Call and admission 2-47,2-48
400 Reinstatement of a former member 2-52 to 2-54
402 Non-practising members 2-3
403 Retired members 2-4
405 Foreign legal consultants  
  (1) Definition 1
  (2) Application for permit 2-18
  (3)-(6) Issuance of permit 2-18
  (7) Qualification to act as a foreign legal consultant 2-19
  (7.1) Dual qualification 2-20
  (8) Marketing of legal services 2-21
  (9)-(13) Renewal of permit 2-22
410 Occasional appearance permits - definitions 1
413 Application for occasional appearance permit 2-11
414 Consideration of an application for occasional appearance permit 2-12
414.1 Non-practising and retired members 2-13
415 Expiry and renewal of occasional appearance permit 2-14
420 Requalification - definitions 2-55
421 Application for requalification 2-56,2-60
422 Requalification as of right 2-57
423 Qualification examination 2-58
424 Conditions on requalification 2-59
428 Certificates and permits 2-5
E. Discipline Committee  
430 Definitions 1
431 Interpretation of Rules 4-1
432 Appointment of Discipline Committee 4-2
450 Consideration by the Discipline Committee 4-3
451 Action by the Discipline Committee 4-4
453 Confidentiality of Discipline Committee deliberations 4-6,4-10
454 Notification 4-5
460 Conduct review 4-7 to 4-9,4-12
465 Appointment of discipline counsel 4-20
466 Citation 4-14,4-15
467 Citation may be disclosed 4-16
468 Admissions 4-21
469 Consent to disciplinary action 4-22
470 Rejection of admissions 4-23
471 Interim suspension or practice conditions 4-17,4-18
472 Application to rescind or vary an interim suspension or practice condition 4-19
473 Fixing a date for the hearing 4-24
474 Demand for disclosure of evidence 4-25
476 Application for details of the circumstances 4-26
478 Pre-hearing conference 4-27
485 Hearing of a citation  
  (1) Disqualification 5-3
  (1.1)-(2) Adjournment 4-29
  (3)-(5) Public hearing 5-6
  (6) Transcript 5-7
  (7)-(9) Preliminary procedures 4-30
  (10) Multiple allegations in a citation 4-31
  (11) Amendment of the citation 4-31
  (12)-(15) Evidence at the hearing 4-32,5-5
  (16),(17) Findings of fact and verdict 4-34
  (18) Submissions and decision as to penalty 4-35
486 Revocation of corporate permit 9-11
488 Communication with ombudsperson 4-33
490 Costs of the hearing 5-9
491 Extension of time to pay a fine or costs, or to fulfil a practice condition 5-10
492 Recovery of investigation or audit costs, Accountant's Report penalty and Special Compensation Fund payments 5-9(7),5-11
493 Notice of disciplinary action to other governing bodies 4-36
494 Public notice of suspension or disbarment 4-37
495 Notice of disciplinary action to the profession 4-38
500 Appeal to Benchers from disciplinary action 5-14
501 Review by Benchers 5-12
504 Summary suspension or disbarment 4-40
505 Notice 4-41
506 Summary procedure 4-42
510 Financial responsibility  
  (1) Definitions 1
  (2) Failure to satisfy judgment 3-44
  (3)-(6) Insolvent member 3-45
  (7),(8) Consideration of insolvent member by Discipline Committee 3-46
F. Liability Insurance Committee  
550 Appointment of Liability Insurance Committee rescinded
555 Requalification for insurance coverage 3-27
G. Special Compensation Fund Committee  
639 Definitions 3-28
639.1 Appointment of Special Compensation Fund Committee 3-29
640 Claim for compensation 3-30
641 Investigation of claim 3-31
641.1 Committee decision 3-32
641.2 Limit on aggregate annual payments from the fund 3-33
642 Subcommittees 3-34
642.1 Oral hearing  
  (1),(2) Notice to claimant 3-35
  (3) Service of the notice 3-35
  (4)-(6) Public hearing 3-36
  (7) Transcript 3-37
  (8) Procedure at oral hearing rescinded
  (9),(10) Evidence and submissions 3-38
  (11) Hearing report 3-39
644 Review of Committee decisions by the Benchers 3-40
645 Payment of claims 3-41
646 Recovery of payment made 3-42
     
PART 7 LAW SOCIETY FEES AND ASSESSMENTS  
665 Taxes payable 2-73
A. Annual fee  
670 Date by which annual fee is payable 2-70
671 Late payment fee 2-72
672 Retired and non-practising fees 2-3,2-4
673 Annual insurance fee 3-22
674 Payment of annual insurance fee by instalments 3-23
675 Insurance fee surcharge 3-26
676 Insurance fee credit 3-24
677 Exemption from payment of annual insurance fee 3-25
B. Special assessments 2-71
C. Articled student fees  
700 Enrolment fee 2-27
701 Temporary articles 2-42
702 Training course 2-44
703 Remedial work fee 2-45
D. Investigation and examination fees  
710 Transfer from another province or territory 2-49
711 Examinations 2-49,2-58
E. Call and admission fees  
720 After enrolment in admission program 2-48
721 Following transfer from another province or territory 2-49
722 Prorated practice fee 2-48
723 Insurance fee and Special Compensation Fund assessment 2-48
F. Reinstatement and requalification fees  
730 Following disbarment 2-52
731 All other cases 2-52
732 Prorated practice fee 2-52,2-56,2-60
733 Insurance fee and Special Compensation Fund assessment 2-52,2-56,2-60
G. Occasional appearance fees  
740 Barrister or solicitor of another province or territory 2-11
H. Refund of annual fee  
750 Member has totally abstained from practice during practice year 2-74
751 Member ceases to practise during practice year 2-75,2-78
752 Member does not intend to practise following call and admission 2-76
I. Corporation fees  
760 Corporation fees 9-4,9-6,9-8
J. Foreign legal consultants  
770 Foreign legal consultants 2-18,2-22
K. Schedule 1 - Law Society fees and assessments 1998 Schedule 1
L. Schedule 2 - 1998 Prorated fees Schedule 2
     
PART 8 ACCOUNTING  
A. Definitions  
800 Definitions 1
B. Delegation and accountability  
800.1 Duty to account 3-48
801 Member remains personally responsible 3-48
C. Designated savings institutions  
802 Designation 3-49
D. Receipt of trust funds  
803 Deposit pursuant to written instructions, or into a separate or pooled trust account 3-51
804 Pooled trust account 3-52
805 Separate trust account 3-53
812 Ceasing to be designated 3-50
822 Trust funds paid out in same form as received 3-54
E. Receipt of non-trust funds  
825 Types of transactions which must be recorded in non-trust books and accounts 3-62,3-63
F. Balance in trust accounts  
830 Maintaining a sufficient balance 3-55
G. Withdrawal of funds from trust  
834 Circumstances when withdrawal is permitted 3-56
835 Payment of fees from trust 3-57
836 Procedure for withdrawing funds from a pooled or separate trust account 3-56
837 Procedure for transferring funds to a separate trust account 3-56
H. Withdrawal of funds not held in a pooled trust account  
838 Transfer of funds to pooled trust account 3-58
839 Payment out of trust funds received with written instructions 3-58
I. Books and accounts required to be maintained  
840 Object of maintaining books and accounts 3-59
841 Form of books and accounts 3-59
842 Types of trust books and accounts required to be maintained 3-60,3-62
843 Types of non-trust books and accounts required to be maintained 3-61,3-62
844 Recording of transactions in books and accounts 3-63
845 Adding and balancing the books and accounts 3-64
J. Monthly trust reconciliation  
860 Preparation of monthly trust reconciliation 3-65
861 Duty on member to eliminate a trust shortage, and to report to the Society 3-66
862 Duty to report to the Society an inability to deliver up trust funds when due 3-67
K. Retention period for trust and non-trust books and accounts  
870 Retention period and location 3-68
L. Modification of books and accounts requirements  
871 Secretary's modification 3-69
M. Annual CDIC report  
880 Filing annual CDIC report with each savings institution 3-70
N. Member's right to claim trust funds  
885 Rules do not deprive member of right to claim funds 3-71
O. Inter-jurisdictional law firms  
890 Inter-jurisdictional law firms 2-23
     
PART 9 ANNUAL PRACTICE DECLARATION, CURRENT ADDRESS AND ACCOUNTANT'S REPORT  
A. Annual practice declaration  
900 Filing of completed declaration 2-6
901 Failure to file declaration 2-6
B. Current address  
905 Definition 2-7
906 Current business address 2-8
907 Residential address 2-9
C. Accountant's Report  
910 Definitions rescinded
911 Filing of Accountant's Report 3-72
912 Exemption from filing an Accountant's Report 3-73
913 Late filing of Accountant's Report 3-74
914 Credentials to complete Accountant's Report 3-75
915 Instructions respecting minimum standards 3-76
916 Exceptions and qualifications in an Accountant's Report 3-77
917 Obligations of former members 3-78
     
PART 10 UNCLAIMED TRUST FUNDS  
960 Definitions 3-81
961 Payment of unclaimed trust funds to the Society 3-82\
962 Procedure for investigation of claims 3-83
963 Procedure for adjudication of claims 3-84
964 Calculation of interest payable to a claimant 3-85
965 Efforts to locate the owner of funds 3-86
966 Payment to the Law Foundation 3-87
     
PART 11 INCORPORATION  
1000 Definitions 1
1001 Corporate names 9-1
1002 Application for certificate respecting corporate name 9-2
1003 Review of Secretary's decision 9-3
1004 Application for permit 9-4
1005 Issuance of permit 9-5
1007 Change of corporate name 9-6
1008 Public disclosure of corporate status 9-7
1009 Renewal of permit 9-8
1010 Application for new permit after revocation or failure to pay renewal fee 9-11
1011 Disclosure of corporate information 9-9
1012 Notification to Secretary of change in corporate information 9-10
     
PART 12 CONTRACTS FOR REMUNERATION  
A. Contingent fee agreements  
1050 Reasonable remuneration 8-1
1055 Maximum remuneration in personal injury actions 8-2
1060 Form and content of contingent fee agreements 8-3
1065 Statement of Rules in contingent fee agreements 8-4
     
PART 13 CONFIDENTIAL INFORMATION  
A. Disclosure of confidential or privileged information  
1100 Duty not to disclose 10-2
B. Legal Services Society  
1101 Audit 10-3
     
PART 14 WITHDRAWAL FROM PRACTICE  
1120 Disposition of files, trust monies and other documents and valuables 3-80



[Table of Contents]  [Table of Concordance, current Rules > former Rules]