Effective July 1, 2015; updated July 2023
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 hold office
Meetings
1-8 Annual general meeting
1-9 Telephone and internet connections
1-9.1 Annual general meeting by internet connection
1-10 Auditors
1-11 Special general meeting
1-12 Quorum
1-13 Procedure at general meeting
1-13.1 Voting in advance of general meeting
1-13.2 Voting 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
1-44.1 Executive Director's delegate
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
Law firms
2-12.1 Definitions and application
2-12.2 Registration
2-12.3 Self-assessment report
2-12.4 Late delivery
2-12.5 Designated representative
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
Information sharing
2-27.1 Sharing information with a governing body
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 indemnification
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 of failed standing
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’ oath and presentation in court
Reinstatement
2-85 Reinstatement of former lawyer
2-86 Subsequent application for reinstatement
Former judge or master
2-87 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
2-102 Inactive applications
2-103 Publication of credentials decision
2-104 Anonymous publication
Division 3 – Fees and Assessments
2-105 Annual practising and indemnity fee instalments
2-105.1 Annual non-practising and retired member fees
2-106 Assessments
2-107 Application fees
2-108 Late payment
2-108.1 Failure to pay fees
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 Money owed to the Society
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
3-7.1 Resolution by consent agreement
3-7.2 Breach of consent agreement
3-7.3 Amending consent agreement
3-7.4 Publication of consent agreement
3-8 Action on a complaint
3-9 Notice
Division 1.01 – Health issues
3-9.1 Proceeding on health issue
3-9.2 Risk mitigation
3-9.3 Health information
3-9.4 Consent agreement
3-9.5 Practice conditions and limitations
3-9.6 Amending consent agreement
3-9.7 Breach of consent agreement
3-9.8 Records and confidentiality
3-9.9 Referral to complaint investigation process
3-9.10 Dispute resolution
Division 1.1 – Extraordinary action to protect public
3-10 Interim suspension or practice conditions
3-11 Medical examination
3-12 Public protection proceeding
3-12.1 Notice to lawyer or articled student
3-12.2 Non-disclosure
3-12.3 Review of interim suspension or practice conditions
Division 1.2 – Complainants' Review Committee
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 Practice management course
3-28.1 Indigenous intercultural course
3-28.11 Late completion of Indigenous intercultural course
3-28.2 Failure to complete Indigenous intercultural 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 – Indemnification
3-39 Compulsory professional liability indemnification
3-39.1 Compulsory trust protection indemnification
3-40 Annual indemnity fee
3-42 Indemnity fee credit
3-43 Exemption from professional liability indemnification
3-44 Deductible, surcharge and reimbursement
3-45 Application for indemnity coverage
3-46 Confidentiality of indemnity 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
3-58.1 Trust account only for legal services
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
3-64.1 Electronic transfers from trust
3.64.2 Electronic deposits into trust
3.64.3 Withdrawal from trust by bank draft
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 Canada Deposit Insurance Corporation
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
3-96.1 Electronic submission of documents
Division 10 – Criminal Charges
3-97 Reporting criminal charges
Division 11 – Client Identification and Verification
3-98 Definitions
3-99 Application
3-100 Requirement to identify client
3-101 Exemptions
3-102 Requirement to verify client identity
3-103 Requirement to identify directors, shareholders and owners
3-104 Use of an agent for client verification
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, duty to withdraw
3-110 Monitoring
Part 4 – Discipline
4-1 Interpretation and application
Division 1 – Discipline Committee
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 Publication of citation
4-20.1 Anonymous publication of citation
4-27 Appointment of Law Society counsel
4-29 Conditional admission
4-45 Discipline proceedings involving members of other governing bodies
4-46 Discipline involving lawyers practising in other jurisdictions
Division 2 – Disclosure and publication
4-47 Public notice of suspension or disbarment
4-48 Publication of discipline decisions
4-49 Anonymous publication
4-50 Disclosure of practice restrictions
4-51 Disbarment
Division 3 – Criminal conviction
4-52 Conviction
4-53 Notice
4-54 Summary procedure
Division 4 – Investigation
4-55 Investigation of books and accounts
Division 5 – Enforcement
4-56 Failure to pay fine, costs or administrative penalty or fulfill practice condition
4-57 Recovery of money owed to the Society
Division 6 – Administrative penalty
4-58 Application
4-59 Administrative penalty
4-60 Review and order
Part 5 – Tribunal, Hearings and Appeals
5-1 Application
The Tribunal
5-1.1 Tribunal
5-1.2 Service, filing and communication
5-1.3 Tribunal Chair
5-1.4 Practice directions
Hearing panels
5-2 Appointment of hearing panel
5-3 Panel member unable to continue
5-4 Disqualification
Practice and procedure before a hearing panel
5-4.1 Hearing date and notice
5-4.2 Amending an allegation in a citation
5-4.3 Preliminary questions
5-4.4 Severance and joinder
5-4.5 Summary hearing
5-4.6 Demand for disclosure of evidence
5-4.7 Application for details of the circumstances
5-4.8 Notice to admit
5-5 Compelling witnesses and production of documents
5-5.1 Pre-hearing conference
5-5.2 Adjournment
5-5.3 Application moot
5-6 Procedure
5-6.1 Preliminary matters
5-6.2 Burden of proof
5-6.3 Submissions and determination
5-6.4 Disciplinary action
5-6.5 Admission and consent to disciplinary action
5-6.6 Rejection of admission
5-8 Public hearing
5-9 Transcript and exhibits
5-10 Decision
5-11 Costs of hearings
5-12 Application to vary order
The review board
5-15 Review by review board
5-16 Review boards
5-17 Disqualification
5-18 Review board member unable to continue
Practice and procedure before a review board
5-19 Initiating a review
5-19.1 Extension of time to initiate 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
Corrections
5-28.1 Slip rule
Appeals
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
10-2.1 Communication with Equity Advisor confidential
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