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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"board" means the board of directors of the society;
"Crown" means the Crown in right of the Province;
"funded agency" means a person who receives money from the society to provide legal services but does not include a practising lawyer or notary public;
"law society" means the Law Society of British Columbia;
"lawyer" means a person entitled to practise under the Legal Profession Act;
"society" means the Legal Services Society established by this Act.
Historical Note(s): 1979-15-1; 1987-25-105, effective June 1, 1988 (B.C. Reg. 172/88).
2. (1) A corporation called Legal Services Society is continued.
(2) The members of the society shall be the directors appointed under section 5.
(3) The society shall be operated without purpose of gain for its members, and any right or other accretions to the society shall be used for promoting its objects.
Historical Note(s): 1979-15-2; 1985-51-36, effective July 11, 1985 (B.C. Reg. 223/85).
3. (1) The objects of the society are to ensure that
(a) services ordinarily provided by a lawyer are afforded to individuals who would not otherwise receive them because of financial or other reasons; and
(b) education, advice and information about law are provided for the people of British Columbia.
(2) The society shall ensure, for the purposes of subsection (1) (a), that legal services are available for a qualifying individual who
(a) is a defendant in criminal proceedings that could lead to his imprisonment;
(b) may be imprisoned or confined through civil proceedings;
(c) is or may be a party to a proceeding respecting a domestic dispute that affects his physical or mental safety or health or that of his children; or
(d) has a legal problem that threatens
(i) his family's physical or mental safety or health;
(ii) his ability to feed, clothe and provide shelter for himself and his dependents; or
(iii) his livelihood.
Historical Note(s): 1979-15-3.
4. (1) For the purposes of this Act, the society shall have all the powers and capacity of a natural person.
(2) The society is not an agent of the Crown or of the law society.
Historical Note(s): 1979-15-4.
5. (1) The board shall consist of 14 directors.
(2) Seven directors, at least 2 of whom shall not be lawyers, shall be appointed by the Lieutenant Governor in Council, on the recommendation of the Attorney General.
(3) Seven directors, at least 2 of whom shall not be lawyers, shall be appointed by the benchers of the law society after consultation with the executive of the British Columbia branch of the Canadian Bar Association.
(4) The term of office of a director is 2 years after the date on which his appointment becomes effective.
(5) Notwithstanding subsection (4), 3 of the first appointments by the Lieutenant Governor in Council and 4 of the first appointments by the benchers of the law society shall be for a term of one year.
(6) A director shall not hold office for more than 6 consecutive years.
(7) Notwithstanding anything else in this section, a director whose term of office has expired may continue to hold office until his successor is appointed, and where a vacancy on the board exists for any other reason, the person or body who appointed the director to be replaced shall appoint a successor, and the person so appointed may hold office for the residue of the term for which his predecessor was appointed.
(8) The board shall control and direct the business of the society and may, by resolution, determine its own procedure.
(9) A director shall be reimbursed for his reasonable out of pocket travelling and other expenses incurred in the discharge of his duties and may be paid a fee for his services.
Historical Note(s): 1979-15-5.
6. (1) The board shall at its first meeting in each fiscal year by resolution appoint an executive committee of not more than 5 directors, and may by resolution reconstitute the committee.
(2) The executive committee shall have between the meetings of the board all the powers of the board except
(a) the power to fill vacancies on or change the membership of a committee of the board; and
(b) powers excluded by resolution of the board.
Historical Note(s): 1979-15-6.
7. (1) The board may appoint an executive director and shall fix his salary.
(2) The executive director shall supervise, manage and administer the business of the society in accordance with the policy of the board and subject to its control and direction.
Historical Note(s): 1979-15-7.
8. (1) The board or, if authorized by the board, the executive director, may appoint officers and employees and engage and retain specialists and consultants required to carry out the business of the society and may determine their remuneration and benefits.
(2) The Public Service Act and the Public Service Labour Relations Act do not apply to the society or its officers and employees appointed under this section.
(3) The Lieutenant Governor in Council may, by order, direct that some or all of the provisions of the Pension (Municipal) Act apply to some or all of the officers and employees of the society or of any funded agency designated by the society for the purposes of this section and the provisions of that Act shall apply accordingly, but the society may establish, support or participate in any one or more of
(a) a pension or superannuation plan; or
(b) a group insurance plan
for the benefit of its officers and employees and their dependents.
Historical Note(s): 1979-15-8.
9. Notwithstanding the Legal Profession Act, the society or a funded agency may employ, with or without remuneration, an individual who is not a lawyer or an articled student to provide services that would ordinarily be provided by a lawyer so long as the individual is supervised by a lawyer, but the individual may not appear as counsel in a court except with leave of the court.
Historical Note(s): 1979-15-9; 1987-25-106, effective June 1, 1988 (B.C. Reg. 172/88).
10. The society has authority to determine the priorities and criteria for the services it or a funded agency provides under this Act.
Historical Note(s): 1979-15-10.
11. (1) Information disclosed by a client or an applicant for legal services to a director, employee or agent of the society or funded agency is privileged and shall be kept confidential in the same manner and to the same extent as if it had been disclosed to a solicitor pursuant to a solicitor and client relationship.
(2) Where a civil or criminal proceeding is or may be brought against a person respecting his eligibility for legal services, subsection (1) does not apply to information respecting his eligibility.
Historical Note(s): 1979-15-11.
12. (1) The court may award costs to an individual in a proceeding in which he has received legal services from the society or a funded agency notwithstanding that he has not paid and will not be liable to pay his counsel.
(2) Where costs are awarded under subsection (1) those costs shall be deemed to be assigned to the society and recoverable by it.
Historical Note(s): 1979-15-12.
13. (1) The Company Act and the Society Act do not apply to the society.
(2) Notwithstanding subsection (1), the Lieutenant Governor in Council may order that one or more provisions of the Company Act apply to the society.
Historical Note(s): 1979-15-13.
14. The Auditor General or a person designated by him shall, at least once in each fiscal year, audit the books, accounts and financial affairs of the society.
Historical Note(s): 1979-15-14.
15. The society shall, in respect of each fiscal year ending March 31, prepare a report respecting the operation of the society and an audited financial statement and shall, within 180 days after the end of the fiscal year, forward the report and financial statement to the Attorney General, who shall as soon as practicable lay them before the Legislative Assembly.
Historical Note(s): 1979-15-15.
16. A person who by false representation of a material fact obtains a service under this Act that is ordinarily provided by a lawyer commits an offence and is liable to the fine specified in section 4 of the Offence Act.
Historical Note(s): 1979-15-16.
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