Law Society Rules 2015

Effective July 1, 2015; updated June 2016

Highlights of Amendments

Contents

Rule 1  Definitions

Part 1 – Organization
Division 1 – Law Society

Benchers
1-1  Term of office
1-2  Term limits
1-3  Oath of office
1-4  Life Benchers
1-5  President and Vice-Presidents
1-6  Removal of the President or a Vice-President
1-7  Bencher ceasing to be member

Meetings
1-8  Annual general meeting
1-9  Telephone connections
1-10  Auditors
1-11  Special general meeting
1-12  Quorum
1-13  Procedure at general meeting
1-14  Bencher meetings
1-15  Notice of Bencher meeting
1-16  Procedure at Bencher meeting
1-17  Quorum for committee meetings
1-18  Procedure for committee meetings

Elections
1-19  Second Vice-President-elect
1-20  Bencher elections
1-21  Regional election of Benchers
1-22  Qualifications of candidate
1-23  Nomination
1-24  Acclamation
1-25  Eligibility and entitlement to vote
1-26  Voter list
1-27  Voting procedure
1-27.1  Electronic voting
1-28  Order of names on ballot
1-29  Rejection of ballot papers
1-30  Alternative vote ballot
1-31  Scrutineers
1-32  Counting of votes
1-33  Attendance of candidate
1-34  Declaration of candidates elected
1-35  Election record and disclosure of votes received
1-36  Review by Executive Committee
1-37  Retention of documents
1-38  Bencher by-election
1-39  Appointment of Bencher to represent a district
1-40  Referendum ballots
1-41  Election of Executive Committee
1-42  Date falling on Saturday, Sunday or holiday
1-43  Interruption of postal service
1-44  Extension of dates

General
1-45  Seal
1-46  Laying of information
1-47  Freedom of Information and Protection of Privacy Act
1-48  Appointment of Law Society counsel

Division 2 – Committees

1-49  Committees of the Benchers
1-50  Executive Committee
1-51  Powers and duties

Division 3 – Law Society Rules

1-52  Act, Rules and Code

Part 2 – Membership and Authority to Practise Law
Division 1 – Practice of Law

Members
2-1  Categories of membership
2-2  Member in good standing
2-3  Non-practising members
2-4  Retired members
2-5  Release from undertaking
2-6  Legal services by non-practising and retired members
2-7  Certificates and permits

Member information
2-8  Annual practice declaration
2-9  Definition
2-10  Business address
2-11  Residential address
2-12  Practice history

Paralegals
2-13  Supervision of limited number of designated paralegals

Unauthorized practice
2-14  Unauthorized practice of law

Inter-jurisdictional practice
2-15  Definitions
2-16  Inter-jurisdictional practice without a permit
2-17  Disqualifications
2-18  Federal jurisdiction
2-19  Inter-jurisdictional practice permit
2-20  Application for inter-jurisdictional practice permit
2-21  Non-practising and retired members
2-22  Expiry and renewal of inter-jurisdictional practice permit
2-23  Responsibilities of visiting lawyer
2-24  Enforcement
2-25  Trust funds
2-26  Dispute resolution
2-27  National Registry of Practising Lawyers

Practitioners of foreign law
2-28  Definitions
2-29  Practitioners of foreign law
2-30  Conditions and limitations
2-31  Providing foreign legal services without a permit
2-32  Dual qualification
2-33  Marketing of legal services by practitioners of foreign law
2-34  Renewal of permit

Canadian legal advisors
2-35  Scope of practice
2-36  Requirements

Non-resident partners
2-37  Inter-jurisdictional law firms

Multi-disciplinary practice
2-38  Definition and application
2-39  Conditions for MDP
2-40  Application to practise law in MDP
2-41  Consideration of MDP application
2-42  Changes in MDP
2-43  Cancellation of MDP permit
2-44  Lawyer’s professional duties
2-45  Privilege and confidentiality
2-46  Conflicts of interest
2-47  Liability insurance
2-48  Trust funds
2-49  Notifying the Society

Division 2 – Admission and Reinstatement

Credentials Committee
2-50  Credentials Committee
2-51  Referral to Credentials Committee
2-52  Powers of Credentials Committee

Application for enrolment, admission or reinstatement
2-53  Disclosure of information

Admission program
2-54  Enrolment in the admission program
2-55  Re-enrolment
2-56  Consideration of application for enrolment
2-57  Principals
2-58  Hiring articled students
2-59  Articling term
2-60  Legal services by articled students
2-61  Mid-term report
2-62  Part-time articles
2-63  Law clerks
2-64  Articles in another Canadian jurisdiction
2-65  Practice experience in a common law jurisdiction outside Canada
2-66  Secondment of articles
2-67  Assignment of articles
2-68  Other employment
2-69  Leave during articles
2-70  Temporary articles
2-71  Court and tribunal appearances by temporary articled students
2-72  Training course
2-73  Tutorial program
2-74  Review by Credentials Committee
2-75  Termination of enrolment

Call and admission
2-76  Call and admission
2-77  First call and admission
2-78  Law school faculty
2-79  Transfer from another Canadian jurisdiction
2-80  In-house counsel
2-81  Transfer under National Mobility Agreement and Territorial Mobility Agreement
2-82  Transfer as Canadian legal advisor
2-83  Consideration of application for call and admission
2-84  Barristers and solicitors’ roll and oath

Reinstatement
2-85  Reinstatement of former lawyer
2-86  Subsequent application for reinstatement
2-87  Reinstatement of former judge or master

Returning to practice
2-88  Definition and application
2-89  Returning to practice after an absence
2-90  Conditions on returning to practice

Credentials hearings
2-91  Notice to applicant
2-92  Security for costs
2-93  Law Society counsel
2-94  Preliminary questions
2-95  Compelling witnesses and production of documents
2-96  Pre-hearing conference
2-97  Appointment of panel
2-98  Adjournment of hearing
2-99  Attendance at the hearing
2-100  Onus and burden of proof
2-101  Procedure
2-102  Inactive applications
2-103  Publication of credentials decision
2-104  Anonymous publication

Division 3 – Fees and Assessments

2-105  Annual practising fees
2-106  Assessments
2-107  Application fees
2-108  Late payment
2-109  Definition and application
2-110  Trust administration fee
2-111  Late payment of trust administration fee
2-112  Executive Director’s discretion
2-113  Referral to Executive Committee
2-114  Taxes payable
2-115  Refund when lawyer does not practise law
2-116  Refund on exemption during practice year
2-117  Failure to pay fine, costs or penalty
2-118  No refund on suspension

Part 3 – Protection of the Public
Division 1 – Complaints

3-1  Application
3-2  Complaints
3-3  Confidentiality of complaints
3-4  Consideration of complaints and other information
3-5  Investigation of complaints
3-6  Failure to produce records on complaint investigation
3-7  Resolution by informal means
3-8  Action after investigation
3-9  Notifying the parties
3-10  Extraordinary action to protect public
3-11  Medical examination
3-12  Procedure
3-13  Appointment of Complainants’ Review Committee
3-14  Review by Complainants’ Review Committee

Division 2 – Practice Standards

3-15  Practice Standards Committee
3-16  Objectives
3-17  Consideration of complaints
3-18  Practice review
3-19  Action by Practice Standards Committee
3-20  Conditions or limitations on practice
3-21  Referral to Discipline Committee
3-22  Remedial program
3-23  Confidentiality of Practice Standards Committee deliberations
3-24  Report to complainant
3-25  Costs

Division 3 – Education

3-26  Definitions
3-27  Application
3-28  Small firm course
3-29  Professional development
3-30  Mentoring
3-31  Late completion of professional development
3-32  Failure to complete professional development 

Division 4 – Specialization and Restricted Practice

3-33  Definitions
3-34  Advertising
3-35  Family law mediators
3-36  Family law arbitrators
3-37  Parenting coordinators
3-38  Professional development for family law neutrals

Division 5 – Insurance

3-39  Compulsory liability insurance
3-40  Annual insurance fee
3-41  Payment of annual insurance fee by instalments
3-42  Insurance fee credit
3-43  Exemption from liability insurance
3-44  Deductible, surcharge and reimbursement
3-45  Application for insurance coverage
3-46  Confidentiality of insurance claims

Division 6 – Financial Responsibility

3-47  Definitions
3-48  Application
3-49  Standards of financial responsibility
3-50  Failure to satisfy judgment
3-51  Insolvent lawyer
3-52  Consideration by Discipline Committee

Division 7 – Trust Accounts and Other Client Property

3-53  Definitions
3-54  Personal responsibility
3-55  Fiduciary property
3-56  Designated savings institutions
3-57  Removal of designation
3-58  Deposit of trust funds
3-59  Cash transactions
3-60  Pooled trust account
3-61  Separate trust account
3-62  Cheque endorsed over
3-63  Trust account balance
3-64  Withdrawal from trust
3-65  Payment of fees from trust
3-66  Withdrawal from separate trust account
3-67  Accounting records
3-68  Trust account records
3-69  General account records
3-70  Records of cash transactions
3-71  Billing records
3-72  Recording transactions
3-73  Monthly trust reconciliation
3-74  Trust shortage
3-75  Retention of records
3-76  Executive Director’s modification
3-77  Annual CDIC report
3-78  Lawyer’s right to claim funds
3-79  Trust report
3-80  Late filing of trust report
3-81  Failure to file trust report
3-82  Accountant’s report
3-83  Exceptions and qualifications
3-84  Former lawyers
3-85  Compliance audit of books, records and accounts
3-86  Failure to produce records on compliance audit
3-87  Disposition of files, trust money and other documents and valuables

Division 8 – Unclaimed Trust Money

3-88  Definition
3-89  Payment of unclaimed trust funds to the Society
3-90  Investigation of claims
3-91  Adjudication of claims
3-92  Calculation of interest
3-93  Efforts to locate the owner of funds
3-94  Payment to the Law Foundation

Division 9 – Real Estate Practice

3-95  Definitions
3-96  Report of failure to cancel mortgage

Division 10 – Criminal Charges

3-97  Reporting criminal charges

Division 11 – Client Identification and Verification

3-98  Definitions
3-99  Application
3-100  Client identification
3-101  Exemptions
3-102  Verification
3-103  Identifying directors, shareholders and owners
3-104  Client identification and verification in non-face-to-face transactions
3-105  Timing of verification for individuals
3-106  Timing of verification for organizations
3-107  Record keeping and retention
3-108  Existing matters
3-109  Criminal activity

Part 4 – Discipline

4-1  Interpretation and application
4-2  Discipline Committee
4-3  Consideration of complaints by Committee
4-4  Action on complaints
4-5  Consideration of complaints by chair
4-6  Continuation of membership during investigation or disciplinary proceedings
4-7  Notification
4-8  Confidentiality of Discipline Committee deliberations
4-9  Conduct letter from the chair
4-10  Conduct meeting
4-11  Conduct Review Subcommittee
4-12  Conduct review
4-13  Conduct Review Subcommittee report
4-14  Privilege and confidentiality
4-15  Publication and disclosure
4-16  Evidence of conduct review at the hearing of a citation
4-17  Direction to issue, expand or rescind citation
4-18  Contents of citation
4-19  Notice of citation
4-20  Disclosure of citation
4-21  Amending an allegation in a citation
4-22  Severance and joinder
4-23  Interim suspension or practice conditions
4-24  Notification of respondent
4-25  Disclosure
4-26  Review of interim suspension or practice conditions
4-27  Appointment of discipline counsel
4-28  Notice to admit
4-29  Conditional admissions
4-30  Conditional admission and consent to disciplinary action
4-31  Rejection of admissions
4-32  Notice of hearing
4-33  Summary hearing
4-34  Demand for disclosure of evidence
4-35  Application for details of the circumstances
4-36  Preliminary questions
4-37  Compelling witnesses and production of documents
4-38  Pre-hearing conference
4-39  Appointment of panel
4-40  Adjournment
4-41  Preliminary matters
4-42  Evidence of respondent
4-43  Submissions and determination
4-44  Disciplinary action
4-45  Discipline proceedings involving members of other governing bodies
4-46  Discipline involving lawyers practising in other jurisdictions
4-47  Public notice of suspension or disbarment
4-48  Publication of disciplinary action
4-49  Anonymous publication
4-50  Disclosure of practice restrictions
4-51  Disbarment
4-52  Conviction
4-53  Notice
4-54  Summary procedure
4-55  Investigation of books and accounts

Part 5 – Hearings and Appeals

5-1  Application
5-2  Hearing panels
5-3  Panel member unable to continue
5-4  Disqualification
5-5  Compelling witnesses and production of documents
5-6  Procedure
5-7  Communication with Ombudsperson confidential
5-8  Public hearing
5-9  Transcript and exhibits
5-10  Decision
5-11  Costs of hearings
5-12  Application to vary certain orders
5-13  Failure to pay costs or fulfill practice condition
5-14  Recovery of money owed to the Society

Reviews and appeals
5-15  Review by review board
5-16  Review boards
5-17  Disqualification
5-18  Review board member unable to continue
5-19  Initiating a review
5-20  Stay of order pending review
5-21  Notice of review
5-22  Record of credentials hearing
5-23  Record of discipline hearing
5-24  Record of an order for costs by the Practice Standards Committee
5-24.1  Preparation and delivery of record
5-24.2  Notice of review hearing
5-25  Pre-review conference
5-26  Adjournment
5-27  Decision on review
5-28  Inactive reviews
5.29  Appeal to Court of Appeal

Part 6 – Custodianships

6-1  Co-operation in conduct of custodianship
6-2  Report of possible claim
6-3  Acting for lawyer’s clients
6-4  Acquiring lawyer’s practice
6-5  Notice of custodianship order

Part 7 – Law Foundation

[no rules]

Part 8 – Lawyers’ Fees

8-1  Reasonable remuneration
8-2  Maximum remuneration in personal injury actions
8-3  Form and content of contingent fee agreements
8-4  Statement of rules in contingent fee agreements

Part 9 – Incorporation and Limited Liability Partnerships
Division 1 – Law Corporations

9-1  Corporate name
9-2  Corporate name certificate
9-3  Review of Executive Director’s decision
9-4  Law corporation permit
9-5  Issuance of permit
9-6  Change of corporate name
9-7  Public disclosure of corporate status
9-8  Corporate information
9-9  Disclosure of corporate information
9-10  Notice of change in corporate information
9-11  Revocation of permits

Division 2 – Limited Liability Partnerships

9-12  Definition
9-13  Practice through a limited liability partnership
9-14  LLP name
9-15  Notice of application for registration
9-16  Review of Executive Director’s decision
9-17  Disclosure of LLP status
9-18  Change in LLP information and annual reports
9-19  Disclosure of LLP information
9-20  Notification of non-compliance

Part 10 – General

10-1  Service and notice
10-2  Duty not to disclose
10-3  Records
10-4  Security of records

Schedules

Schedule 1 – Law Society Fees and Assessments

Schedule 2 – Prorated Fees and Assessments for Practising Lawyers

Schedule 3 – Prorated Fees for Non-Practising and Retired Members

Schedule 4 – Tariff for Hearing and Review Costs

Schedule 5 – Form of Summons






Need to replace pages in your Member's Manual? See the Member's Manual page.

 

Note: The Law Society Rules 2015 replaced the previous Law Society Rules on July 1, 2015; see the archived Law Society Rules (1998-2015).

Download a PDF of the concordance between the new and old rules.