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| This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date. |
Assented to June 26, 1987
1. In this Act
"applicant" means a person who has applied under section 34 (3) for enrolment as an articled student, for call and admission or for reinstatement;
"chair" means a person appointed to preside at meetings of a committee or panel;
"conduct unbecoming a member of the society" includes any matter, conduct or thing that is deemed, in the judgment of the benchers or a panel,
(a) to be contrary to the best interest of the public or of the legal profession, or
(b) to harm the standing of the legal profession;
"costs" means costs assessed pursuant to a rule made under section 25 (2) (a);
"executive committee" means the committee appointed under section 24 (5);
"fiscal year" means the period commencing on January 1 and ending on December 31 in a year, or such other period as the benchers may in their rules establish;
"non-practising member" means a person to whom a non-practising membership certificate is issued under section 28.1 (4);
"officer" means the secretary, deputy secretary, assistant deputy secretary or other person appointed as an officer by the benchers;
"panel" means a panel established in accordance with section 54.1;
"practice of law" includes
(a) appearing as counsel or advocate;
(b) drawing, revising or settling
(i) a petition, memorandum or articles under the Company Act, or an application, statement, affidavit, minute, resolution, bylaw or other document relating to the incorporation, registration, organization, reorganization, dissolution or winding up of a corporate body,
(ii) a document for use in a proceeding, judicial or extra-judicial,
(iii) a will, deed of settlement, trust deed, power of attorney or a document relating to any probate or letters of administration or the estate of a deceased person,
(iv) a document relating in any way to proceedings under a statute of Canada or the Province, or
(v) an instrument relating to real or personal estate which is intended, permitted or required to be registered, recorded or filed in a registry or other public office,
(c) doing any act or negotiating in any way for the settlement of, or settling, a claim or demand for damages;
(d) agreeing to place at the disposal of another person the services of a barrister or solicitor;
(e) giving legal advice;
(f) the making of an offer to do anything referred to in paragraphs (a) to (e), and
(g) the making of a representation by a person that the person is qualified or entitled to do anything referred to in paragraphs (a) to (e);
but it does not include
(h) any of those acts if it is not done for or in the expectation of a fee, gain or reward, direct or indirect, from the person for whom the acts are performed;
(i) the drawing or preparing of an instrument by a public officer in the course of his duty;
(j) the lawful practice of a notary public;
(k) the usual business carried on by an insurance adjuster who is licensed under Division 2 of Part 6 of the Financial Institutions Act, or
(l) agreeing to do something referred to in paragraph (d), where the agreement is pursuant to a prepaid legal services plan or other liability insurance program;
"practice year" means the period commencing on January 1 and ending on December 31 in a year, or such other period as the benchers may in their rules establish;
"respondent" means a person whose conduct or competence is the subject of a citation directed to be issued under section 39 (8) or under review by the benchers under section 47 or 48;
"retired member" means a person to whom a retired membership certificate is issued under section 28.1 (4);
"secretary" means the secretary or acting secretary;
"society" means the Law Society of British Columbia continued under section 2;
"suspension" means temporary disqualification from the practice of law;
"vice chair" means a person appointed to preside at meetings of a committee in the absence of the chair.
Historical Note(s): 1987-25-1; 1989-47-374; 1992-74-1; 1993-31-1.
Part 1 — Organization and Duties
2. (1) The Law Society of British Columbia is continued.
(2) All of the following are members of the society:
(a) barristers and solicitors who hold a practising certificate for the current practice year;
(b) retired members;
(c) non-practising members.
(3) A member of the society admitted as a solicitor of the Supreme Court is an officer of all of the courts of the Province.
Historical Note(s): 1987-25-2; 1993-31-2.
3. It is the object and duty of the society
(a) to uphold and protect the public interest in the administration of justice by
(i) preserving and protecting the rights and freedoms of all persons,
(ii) ensuring the independence, integrity and honour of its members, and
(iii) establishing standards for the education, professional responsibility and competence of its members and applicants for membership, and
(b) subject to paragraph (a);
(i) to regulate the practice of law, and,
(ii) to uphold and protect the interests of its members.
Historical Note(s): 1987-25-3.
4. For the purposes of this Act, the society has all the powers and capacity of a natural person.
Historical Note(s): 1987-25-4.
5. The society shall be governed by the benchers who shall consist of the following:
(a) the Attorney General;
(b) the members elected under sections 13 and 15 (1);
(c) the persons appointed under sections 6, 12 (2), 15 (3) and 17;
(d) the treasurer, deputy treasurer and assistant deputy treasurer.
Historical Note(s): 1987-25-5.
6. (1) The Lieutenant Governor in Council may appoint not more than 3 persons to be benchers.
(2) The term of a bencher appointed under subsection (1) shall be 2 years coinciding with the term of a bencher elected under section 13.
(3) A bencher appointed under subsection (1) shall not hold the position of assistant deputy treasurer, deputy treasurer or treasurer, but he has all the other rights and duties of an elected bencher.
(4) Where a bencher appointed under subsection (1) ceases to hold office, a replacement may be appointed under that subsection to hold office for the balance of the term of the bencher whom he replaces.
(5) The Lieutenant Governor in Council may, at any time after subsection (1) came into force, make the first appointment of benchers under that subsection, and, on being appointed, their term of office commences on the date of their appointment and ends on March 31, 1989.
(6) An appointment of a bencher under subsection (1) that was made before that subsection came into force is confirmed and validated, effective the date of the order of appointment.
Historical Note(s): 1987-25-6; 1988-46-37.
7. The treasurer may
(a) appoint any person as a member of a committee of the benchers, and
(b) terminate the appointment.
Historical Note(s): 1993-31-3.
8. (1) A person who has served as a bencher for 4 complete or partial terms, whether consecutive or not,
(a) is not eligible to be elected or appointed as a bencher, and
(b) is a life bencher on leaving office as a bencher.
(2) Despite subsection (1), a bencher who is elected assistant deputy treasurer
(a) may continue to serve as assistant deputy treasurer, deputy treasurer and treasurer under section 9, and
(b) is a life bencher on leaving office as a bencher.
(3) A life bencher
(a) may attend and speak at meetings of the benchers;
(b) has no vote in bencher meetings, and
(c) except as a member of a committee under section 7, may not exercise any of the powers of a bencher.
(4) A person who was a bencher on January 10, 1992 and has served as a bencher for 4 or more complete or partial terms, whether consecutive or not,
(a) despite subsection (1), is eligible to be elected or appointed as a bencher for a fifth and a sixth term, and
(b) is a life bencher on leaving office.
Historical Note(s): 1993-31-4.
9. (1) In each year, the members shall elect, at a time determined by the benchers, an assistant deputy treasurer, who shall hold office for one year commencing on January 1 following his election.
(2) Any member may nominate an elected bencher or a bencher appointed under section 12 (2), 15 (3) or 17 for election to the position of assistant deputy treasurer.
(3) On the expiration of his term of office, the assistant deputy treasurer shall become the deputy treasurer for a term of one year.
(4) On the expiration of his term of office, the deputy treasurer shall become the treasurer and head of the society for a term of one year.
(5) Notwithstanding subsections (1), (3) and (4), the benchers may, at any time after the election of the assistant deputy treasurer in any year, and before December 15 of that year, request the deputy treasurer, assistant deputy treasurer and assistant deputy treasurer-elect to serve in their new offices for a term of 2 years and, where they all agree, their terms of office as treasurer, deputy treasurer and assistant deputy treasurer shall be for 2 years, and the next election for assistant deputy treasurer shall be held during the second year of the 2 year term.
(6) Where
(a) the treasurer-elect does not take office, or
(b) a vacancy occurs in the office of treasurer after he has taken office;
the deputy treasurer becomes the treasurer.
(7) Where a vacancy occurs in the office of treasurer after he has taken office and the deputy treasurer is unwilling or unable to fill the vacancy, the members shall elect a treasurer from among the elected benchers or a bencher appointed under section 12 (2), 15 (3) or 17.
(8) Where
(a) the deputy treasurer-elect does not take office, or
(b) a vacancy occurs in the office of deputy treasurer after he has taken office;
the assistant deputy treasurer becomes the deputy treasurer.
(9) Where
(a) the assistant deputy treasurer-elect does not take office, or
(b) a vacancy occurs in the office of assistant deputy treasurer after he has taken office;
the members shall elect an assistant deputy treasurer from among the elected benchers or the benchers appointed under section 12 (2), 15 (3) or 17.
(10) A person holding office as treasurer, deputy treasurer or assistant deputy treasurer under subsections (6) to (9), holds office until December 31 of the year after the year that he commenced holding office under those subsections.
(11) Where a bencher is elected assistant deputy treasurer or is elected treasurer under subsection (7), he shall resign as an elected bencher and is ineligible for election as a bencher until he has ceased holding office as treasurer, deputy treasurer or assistant deputy treasurer, as the case may be.
(12) The powers of the treasurer under sections 35, 41, 43, 54.1 and 55 may be exercised by the deputy treasurer, assistant deputy treasurer or secretary.
Historical Note(s): 1987-25-9; 1992-74-2.
10. (1) On a resolution of a majority of the benchers to remove the treasurer, deputy treasurer or assistant deputy treasurer from office, the benchers shall conduct a referendum from among the membership to determine if the treasurer, deputy treasurer or assistant deputy treasurer, as the case may be, should be removed from office.
(2) Before the benchers conduct a referendum, they shall notify the treasurer, deputy treasurer or assistant deputy treasurer who is affected.
(3) Where a 2/3 majority of the members voting in the referendum vote to remove the treasurer, deputy treasurer or assistant deputy treasurer from office, he ceases to hold office.
(4) Upon removal from office under subsection (3), the person removed ceases to be a bencher.
Historical Note(s): 1987-25-10.
11. The powers and duties of the secretary may be exercised by the acting secretary, deputy secretary or assistant deputy secretary.
Historical Note(s): 1987-25-11.
12. (1) Subject to subsection (3), for the purpose of the election of benchers, the Province shall be divided into 8 districts, namely:
(a) the County of Vancouver, being District No. 1, from which there shall be elected 13 benchers;
(b) the County of Victoria, being District No. 2, from which there shall be elected 2 benchers;
(c) the County of Nanaimo, being District No. 3, from which there shall be elected one bencher;
(d) the County of Westminster, being District No. 4, from which there shall be elected 3 benchers;
(e) the County of Kootenay, being District No. 5, from which there shall be elected one bencher;
(f) the County of Yale, being District No. 6, from which there shall be elected 2 benchers;
(g) the County of Cariboo, being District No. 7, from which there shall be elected 2 benchers;
(h) the County of Prince Rupert, being District No. 8, from which there shall be elected one bencher;
but the total number of benchers, the number and boundaries of the districts and the number of benchers to be elected from each district may be changed from time to time by a regulation made by the benchers pursuant to
(i) a resolution of the society passed by not less than 2/3 of the members present at a general meeting of which written notice embodying the proposed change has been given to the members, or
(j) an affirmative vote of 2/3 of those members voting in a referendum respecting the proposed change.
(2) Where, as the result of a regulation made under subsection (1), an additional bencher is to be elected from a district, the benchers may appoint a member of the society eligible to be a candidate for election as bencher from the district to be the additional bencher, and the member appointed shall hold office until the next election for the office of bencher.
(3) The number of benchers to be elected from each county shall be reduced by one, for each bencher from that county who holds office as deputy treasurer, assistant deputy treasurer or assistant deputy treasurer-elect.
Historical Note(s): 1987-25-12; 1993-31-5.
13. (1) Elections for the office of bencher shall be held on November 15 of each odd numbered year.
(2) An elected bencher holds office for 2 years commencing on January 1 following his election.
(3) A member is not eligible for nomination for election as a bencher, or appointment as a bencher under section 12 (2), 15 (3) or 17 unless he has been a member in good standing of the society for at least 7 years.
Historical Note(s): 1987-25-13.
14. (1) Subject to subsection (2), the benchers may make rules that they consider necessary or advisable respecting the election of benchers and of the assistant deputy treasurer.
(2) At an election of a bencher or the assistant deputy treasurer
(a) the vote shall be by secret ballot;
(b) the right of each member to vote for a bencher or the assistant deputy treasurer shall carry the same weight as any other member who is entitled to vote for that bencher or the assistant deputy treasurer, and
(c) a member who is not in good standing has no right to vote.
Historical Note(s): 1987-25-14.
15. (1) Where an elected bencher ceases to hold office before he has served 18 months of his term, the benchers shall promptly hold an election to choose a successor.
(2) Section 14 (2) and the rules made under section 14 (1) apply to an election held under subsection (1).
(3) Where an elected bencher ceases to hold office after he has served 18 months or more of his term, the benchers may appoint an eligible member from the same district to fill the vacancy.
(4) A bencher elected under subsection (1), or appointed under subsection (3), shall hold office for the remainder of the term of the bencher whom he replaces.
(5) Before the treasurer's term of office expires at the end of an even numbered year, the benchers must hold an election for the office of bencher in the district in which the retiring treasurer was last elected.
(6) The bencher elected under subsection (5) holds office for one year starting on the following January 1.
Historical Note(s): 1987-25-15; 1993-31-6.
16. Where a bencher
(a) ceases to be a member of the society, or
(b) is suspended from practice under this Act;
that bencher ceases to hold office as a bencher, and section 15 applies.
Historical Note(s): 1987-25-16.
17. In the case of failure at an election to elect from any district the required number of benchers, the benchers may appoint, from the same district, an eligible member of the society to be a bencher, and a member so appointed holds office as a bencher as though he were elected at an election.
Historical Note(s): 1987-25-17.
18. (1) An annual general meeting of the members of the society shall be held each year at a place and time designated by the benchers.
(2) The benchers shall, at the annual general meeting, present a report of their proceedings since the last annual general meeting.
(3) The secretary shall mail to each member of the society a notice of the meeting and an audited financial statement of the society covering the last fiscal year at least 21 days before the annual general meeting is to be held.
(4) The accidental omission to give notice of the meeting to any member or the non-receipt of the notice, does not invalidate anything done at the meeting.
Historical Note(s): 1987-25-18.
19. (1) At each annual general meeting the members shall appoint an auditor.
(2) A bencher or an employee of the society shall not be appointed as an auditor.
(3) A member of the society may, by notice in writing given to the secretary not less than 10 days before a meeting at which the financial statements of the society are to be considered or the auditor is to be appointed or removed, require the attendance of the auditor at the meeting at the expense of the society and, in that event, the auditor shall attend the meeting.
(4) The auditor of the society is entitled
(a) to attend any general meeting of the society and to receive every notice and other communication relating to the meeting that a member is entitled to receive, and
(b) to be heard at any general meeting that he attends on any part of the business of the meeting that concerns the auditor or the financial statements of the society.
(5) At any general meeting the auditor, if present, shall answer inquiries directed to him concerning the financial statements of the society and the opinion on them stated in his report.
(6) The auditor shall at all times have access to every record of the society and is entitled to require from the benchers, officers and employees of the society information and explanations that he considers necessary to enable him to prepare his report.
Historical Note(s): 1987-25-19.
20. (1) The benchers may at any time convene a special general meeting of the society.
(2) The benchers shall convene a special general meeting of the society on the written request of 150 members of the society that
(a) is delivered to the secretary, and
(b) states the nature of the business that is proposed to be considered for the meeting.
(3) A special general meeting convened under subsection (2) shall be held within 60 days of the receipt of the request.
(4) Subject to subsection (3), a special general meeting shall be held at a time and place that the benchers may determine.
(5) At least 21 days before a special general meeting, the secretary shall mail to each member of the society a notice of the meeting stating the business that will be considered at the meeting.
(6) The accidental omission to give notice of the meeting to any member or the non-receipt of the notice, does not invalidate anything done at the meeting.
(7) No business other than the business stated in the notice under subsection (5) shall be considered at a special general meeting.
Historical Note(s): 1987-25-20.
21. At a general meeting of the society, 50 members in good standing constitute a quorum.
Historical Note(s): 1987-25-21.
22. Where
(a) a resolution duly passed at an annual general meeting or at a special general meeting of the society is not substantially implemented by the benchers within 6 months following passage of the resolution, and
(b) a petition signed by at least 100 members in good standing requesting a poll is filed with the secretary;
the secretary shall conduct a mail vote of all members in good standing on the resolution, and, if
(c) at least 1/3 of all members in good standing vote on the resolution, and
(d) at least 2/3 of those voting, vote in favour of it;
the benchers shall implement the resolution, unless the benchers determine that to do so would constitute a breach of their statutory duties.
Historical Note(s): 1987-25-22.
23. (1) Meetings of the benchers shall be held at the places and times determined by the benchers.
(2) The treasurer or any 2 benchers may call a special meeting of the benchers.
(3) At a meeting of the benchers, 7 benchers constitute a quorum.
Historical Note(s): 1987-25-23.
24. (1) The benchers may govern and administer the affairs of the society.
(2) Without limiting subsection (1), the benchers may
(a) establish committees, determine the duties of those committees and delegate authority to them;
(a.1) by resolution, authorize a committee to do any act or exercise any jurisdiction which, by this Act, the benchers are authorized to do or to exercise;
(b) and (c) [Repealed 1992-74-3.]
(d) determine whether or not a person is a member in good standing of the society;
(e) fix fees, other than the practice fee referred to in section 29 (1) (a), and set special assessments to be paid by applicants and members for the purposes of the society;
(f) use the fees, assessments and any other funds of the society, including funds previously collected or designated for a special purpose before this Act came into force, for the purposes of the society;
(g) raise funds by the issue of debentures, with or without a trust deed, for the purposes of the society;
(h) take any action they consider necessary for the promotion, protection, interest or welfare of the society;
(i) provide, out of the funds of the society, for a pension scheme for its officers and employees;
(j) establish and maintain a system of legal education including
(i) the setting of academic requirements for the enrolment of articled students or the admission of members,
(ii) the operation of a professional legal training program for articled students,
(iii) the operation of a system of continuing legal education,
(iv) the operation of a program of remedial legal education, and
(v) the operation of a loss prevention program,
(k) grant scholarships, bursaries and loans to persons engaged in a program of legal education;
(l) require a member to maintain insurance that provides indemnity against professional liability claims and, for that purpose, act as the agent for the members in obtaining the insurance;
(m) establish, administer, maintain and operate a professional liability insurance scheme utilizing fees paid under paragraphs (n) and (o);
(n) fix an annual fee for professional liability insurance, but the benchers may establish classes of membership and exempt a member or class of member from payment of part or all of the annual insurance fee;
(o) designate classes of transactions with respect to which a fee is payable by the member to the society to fund the professional liability insurance scheme, and the benchers may fix the amount of the fee for each class of transaction;
(p) enter into, on behalf of its members, contracts of life, accident, income replacement and any other type of insurance that they consider will be of benefit to the members of the society;
(q) set conditions to be met by members making agreements under section 78;
(r) require every member to provide information or an annual report concerning the member's books and accounts, and require that they be audited or reviewed annually, in whole or in part, and that an accountant's report in respect of them be provided to the benchers, but the benchers may exempt classes of members in whole or in part from the requirements;
(s) determine the qualifications required of a person performing an audit or review referred to in paragraph (r);
(t) authorize the society to act as agent of the Canadian Bar Association for the purpose of collecting fees of that association from members of the society who are members of it, such fees to form part of the practice fee referred to in section 29 (1) (a);
(u) provide funds of the society and other assistance to establish or maintain law libraries in the Province;
(v) provide for publication of court and other legal decisions and legal resource materials;
(w) approve of forms to be used for the purposes of this Act, and
(x) purchase and maintain insurance protecting the society, the benchers, officers and employees of the society and former benchers, officers and employees against liability arising out of the operations or activities of the society and providing for indemnity with respect to any claims arising out of any acts done or not done by those individuals in good faith while acting or purporting to act on behalf of the society.
(3) Where the benchers set a special assessment for a stated purpose and do not require all of the money collected for that stated purpose, they shall return the excess to the members.
(4) Money paid to the society consisting of the professional liability insurance fees
(a) shall be accounted for separately from other funds, and
(b) shall not be subject to any process of seizure or attachment by any creditor of the society.
(5) The treasurer shall appoint an executive committee consisting of the treasurer, deputy treasurer and assistant deputy treasurer and at least 4 other benchers.
(6) The benchers may delegate to the executive committee, subject to any conditions they consider necessary, any of the powers and duties of the benchers.
(7) A quorum of the executive committee is 4.
(8) A resolution signed by not less than 75% of the benchers or not less than 75% of the members of the executive committee has the same force and effect as a resolution passed at a regularly convened meeting of the benchers or the executive committee, as the case may be.
(9) [Repealed 1992-74-3.]
Historical Note(s): 1987-25-24; 1989-64-11; 1992-74-3; 1993-31-7.
25. (1) The benchers may make rules for the governing of the society, its members and articled students, and for the carrying out of this Act.
(2) Without limiting subsection (1), the rules may
(a) provide for practice and procedure for proceedings before the benchers, panels, executive committee, credentials committee, competency committee, discipline committee and any other committees established under section 24 (2) (a), including rules governing the assessment of costs under this Act and, in the case of hearings ordered by the credentials committee, rules requiring payment of security for costs;
(a.1) authorize a committee to do any act or exercise any jurisdiction which, by this Act, the benchers are authorized to do or to exercise;
(b) set standards of competency that they consider necessary or advisable to ensure that members are bringing adequate skill and knowledge to the practice of law;
(c) provide for the manner and extent to which members may hold themselves out as engaging in restricted or preferred areas of practice;
(d) provide for the qualification and certification of members as specialists in areas of practice designated under paragraph (e);
(e) designate specialized areas of practice and provide that no member shall hold himself out as
(i) restricting himself to such an area,
(ii) preferring that area of practice, or
(iii) specializing in that area of practice,
unless the member has met the qualifications required for certification required by a rule made under paragraph (d),
(f) establish qualifications for and conditions under which members who hold a practising certificate may practise as mediators;
(g) establish standards of financial responsibility relating to the integrity and financial viability of a member's professional practice;
(h) provide, for the purpose of ascertaining whether the standards established under paragraph (g) are being met, for the inspection of members' records and the answering of questions by members;
(i) designate, notwithstanding section 19 of the Trustee Act, savings institutions and classes of savings institution where members may deposit money that they hold in trust;
(j) provide for precautions to be taken by members for the care of clients' funds or other trust funds or property held by members, and
(k) provide for the deposit by a member or former member, in an archives, library or records management office in Canada, of records in his possession, and the rules may provide for
(i) the time after which the records may be deposited,
(ii) the restrictions or limitations on public access which he may attach on depositing them, and
(iii) circumstances under which he will not be liable for disclosure of confidential or privileged information arising out of the deposit.
(3) The secretary shall provide each member and each applicant, for membership in the society or for enrolment as an articled student, with a copy of all rules made by the benchers.
(4) The rules are binding on the society, its members, the benchers, articled students, applicants and persons referred to in section 26 (3) or (4).
(5) A new rule, or the amendment or repeal of a rule, is not effective unless at least 2/3 of the benchers present at the meeting where the rule, amendment or repeal is considered, vote in favour of it.
Historical Note(s): 1987-25-25; 1992-74-4; 1993-31-8.
Part 5 — Membership in the Society
26. (1) Subject to subsections (3), (4) and (5), no person, other than a member of the society in good standing, shall engage in the practice of law, except
(a) an individual acting on his own behalf in a proceeding to which he is a party;
(b) as permitted by the Court Agent Act;
(c) articled students, to the extent permitted by the benchers, and
(d) an individual or articled student referred to in section 9 of the Legal Services Society Act.
(2) A person who is employed by a member, a firm of members, a law corporation or the Province and who acts under the supervision of a member does not contravene subsection (1).
(3) The benchers may permit a barrister or solicitor of another province or territory
(a) to act as a solicitor, or
(b) to appear as counsel in the Province
subject to any conditions, including the payment of a fee, required by the benchers.
(4) The benchers may permit a person who holds professional legal qualifications obtained in a country other than Canada, to give legal advice respecting the laws of that country, subject to any conditions, including the payment of a fee, required by the benchers.
(5) The provisions of Part 6 apply to a person given permission under subsection (3) or (4), but the benchers have no power to disbar that person.
(6) A member or former member who is suspended or has been disbarred, or who, as a result of discipline proceedings has resigned from membership in the society, or who has otherwise ceased to be a member of the society as a result of disciplinary proceedings, must not do any act described in paragraphs (a) to (g) of the definition of "practice of law" in section 1, even though the act is not done for or in the expectation of a fee, gain or reward, direct or indirect, from the person for whom the act is done.
Historical Note(s): 1987-25-26; 1992-74-5; 1993-31-9.
27. (1) The benchers may
(a) enroll articled students on the books of the society and fix
(i) the conditions precedent for their enrolment,
(ii) the conditions of their enrolment, and
(iii) the fees to be paid by them,
(b) require articled students to meet requirements that may be stipulated by the benchers;
(c) require articled students to attend at the office of a member, under the conditions that the benchers may require;
(d) provide for the legal educational qualifications to be possessed by articled students, and
(e) limit the number of articled students who may be articled to a member.
(2) No person shall be enrolled as an articled student unless he has satisfied the benchers that he is of good character and repute and is fit to become a barrister and a solicitor of the Supreme Court.
(3) The benchers may do any of the following:
(a) prohibit a member or class of member, as determined by the benchers, from acting as a principal for an articled student;
(b) stipulate the duties of principals;
(c) make rules for any of the following:
(i) requiring members to apply to the credentials committee to become a principal for an articled student,
(ii) for the consideration and determination of those applications by the credentials committee;
(iii) for appeals to panels from decisions of the credentials committee.
(4) On the recommendation of the discipline committee or competency committee, or on its own motion, the credentials committee may consider the fitness of a member to act as a 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 member to act as a principal;
(b) require the member to appear before the committee and to respond to questions of the committee;
(c) order the member to produce any documents, records or files that the committee may reasonably require.
(5) For the purposes of subsection (4), and after allowing the member to make submissions, the credentials committee may do any of the following:
(a) permit the member to act as a principal to an articled student;
(b) permit the member to act as a principal to an articled student subject to conditions or limitations;
(c) order that the member not act as a principal to an articled student.
Historical Note(s): 1987-25-27; 1993-31-10.
28. (1) The benchers may call to the Bar of the Province and admit as a solicitor of the Supreme Court, any person who satisfies them that the person
(a) [Repealed 1993-31-11.]
(b) is a person of good character and repute;
(c) is fit to become a barrister and a solicitor of the Supreme Court;
(d) has been enrolled on the books of the society as an articled student;
(e) has complied with the requirements of the benchers for articled students and the admission of members, and
(f) has paid
(i) a prorated practice fee under section 29 (1) (a),
(ii) all or part, as determined by the benchers, of
(A) the annual insurance fee under section 24 (2) (n), and
(B) the sum referred to in section 29 (1) (b), and
(iii) a call and admission fee in an amount that the benchers may fix.
(2) The benchers may call to the Bar of the Province and admit as a solicitor of the Supreme Court, a barrister or solicitor of another province or territory who satisfies them that the barrister or solicitor
(a) [Repealed 1993-31-11.]
(b) is a person of good character and repute;
(c) is fit to become a barrister and a solicitor of the Supreme Court;
(d) has, in cases where the benchers require and in accordance with those requirements, enrolled on the books of the society as an articled student and attended and served with a practising barrister and solicitor;
(e) has passed the examinations that the benchers may require;
(f) has furnished the documents, and given the information required by the benchers, and met all other requirements of the benchers;
(g) has met the academic requirements for the admission of members, and
(h) has paid
(i) a prorated practice fee under section 29 (1) (a),
(ii) all or part, as determined by the benchers, of
(A) the annual insurance fee under section 24 (2) (n), and
(B) the sum referred to in section 29 (1) (b), and
(iii) a transfer, call and admission fee in an amount that the benchers may fix.
(3) The benchers may impose conditions and limitations on the practice of a person being called to the Bar or admitted as a solicitor of the Supreme Court, and they may vary or remove the conditions and limitations.
(4) The secretary shall continue to keep and maintain 2 rolls, one known as the barristers' roll and the other known as the solicitors' roll.
(5) Every barrister who is called to the Bar of the Province and every solicitor who is admitted as a solicitor of the Supreme Court shall, before he begins the practice of law, sign the barristers' roll or solicitors' roll, as the case may be, and take in open court, before one or more of the judges of the Supreme Court, an oath in a form set by the benchers.
(6) The secretary shall enter in the barristers' roll and the solicitors' roll the full names of all persons who are called as barristers and admitted as solicitors.
Historical Note(s): 1987-25-28; 1993-31-11.
28.1 (1) The benchers may make rules as follows:
(a) establishing conditions under which a member may become and remain a retired member or a non-practising member;
(b) establishing conditions under which a retired member or a non-practising member may apply for and be issued a practising certificate.
(2) On or before a date set by the benchers each year, a retired member or non-practising member must pay the annual fee set by the benchers for retired members or for non-practising members.
(3) A member who is a retired or non-practising member for part of a year must pay a prorated portion of the fee set under subsection (2).
(4) If a retired or non-practising member complies with subsection (2) and with the rules under subsection (1) (a), the secretary must issue
(a) to the retired member a retired membership certificate in a form approved by the benchers, or
(b) to the non-practising member a non-practising membership certificate in a form approved by the benchers.
Historical Note(s): 1993-31-12.
29. (1) Every member of the society, who is not a retired or non-practising member, shall, in respect of each year, pay to the society an annual fee consisting of
(a) a practice fee in an amount fixed by a majority of the members voting on the resolution;
(b) a sum, fixed by the benchers, to be placed in the special compensation fund continued under section 52, and
(c) the annual insurance fee fixed under section 24 (2) (n);
and the annual fee is payable on or before the date fixed by the benchers or, where the benchers permit the annual insurance fee to be paid by instalments, on or before the date by which each instalment of that fee is due.
(2) On payment of the annual fee, if the member is otherwise in good standing and has complied with this Act and the rules and any requirements made under either of them, the secretary shall issue to the member a practising certificate in a form approved by the benchers.
(3) A member who
(a) has not paid the annual insurance fee when it is due, and
(b) is not exempted from payment of the fee
shall not engage in the practice of law until the fee is paid.
(4) Where the society has, pursuant to an insurance scheme under section 24 (2) (m), paid a deductible amount on behalf of a member in respect of a claim against the member, and the member has not, at the date the annual fee is payable, reimbursed the society, the member shall not, from that date, engage in the practice of law until the society has been fully reimbursed for the amount of the deductible.
(5) Every applicant and member, other than a retired or non-practising member, shall, on or before the date established by the benchers, pay to the society any special assessments fixed under section 24 (2) (e).
(6) The chairman of the credentials committee may, after the time for a member to pay his annual fee or special assessment has expired, extend the time for a member to pay it and, where an extension of time is granted and the member
(a) pays his annual fee or special assessment by the date to which the time is extended, and
(b) pays a late payment fee in an amount fixed by the benchers;
the member shall be deemed to be in good standing and to have been in good standing during the period of time that his fee or special assessment was unpaid.
(7) The benchers may waive payment of all or part of the annual fee or a special assessment for a member whom they wish to honour.
(8) and (9) [Repealed 1993-31-13.]
(10) A certificate purporting to contain the signature of the secretary stating that a person is, or was at the time specified in the certificate, a member of the society in good standing shall, in the absence of evidence to the contrary, be proof of that fact.
(11) A member who is suspended under section 43 (1), 46 (1) (d), 47, 48 or 51
(a) is not entitled to a refund of any part of his annual fee for the period of the suspension or any special assessment that he has paid, and
(b) must pay his annual fee or special assessment when it is due.
(12) The fees payable under section 28 (1) (f) and (2) (h), including the prorated practice fee, shall not exceed the annual fee fixed under subsection (1).
(13) A person who is suspended or who has, for any reason, ceased to be a member of the society in good standing shall forthwith surrender his practising certificate to the secretary.
Historical Note(s): 1987-25-29; 1993-31-13.
30. (1) Every member of the society shall be entitled to use the style and title of "Notary Public in and for the Province of British Columbia", and has and may exercise all the powers, rights, duties and privileges at any time pertaining to the office of notary public.
(2) Subsection (1) does not apply to a retired or non-practising member or to a member who is disqualified from the practice of law.
Historical Note(s): 1987-25-30; 1993-31-14.
31. No member of the society shall
(a) knowingly act as the agent of a person, other than a person referred to in section 26 (1), who is not a member of the society in good standing so as to enable that person to engage in the practice of law;
(b) permit his name to be used or held out as such an agent;
(c) send a process to that person or do any other act to enable that person to engage in the practice of law, or
(d) open or maintain a branch office for the practice of law unless the office is under the personal and actual control and management of a member of the society.
Historical Note(s): 1987-25-31.
33. (1) If a member fails to pay the annual fee or a special assessment as required under section 28.1 or 29 by the time that it is required to be paid, the member ceases to be a member of the society, unless section 29 (6) applies or the benchers otherwise direct.
(2) If a member fails to pay a fine, costs or penalty by the time that it is required to be paid, the benchers may suspend the member until the fine, costs or penalty is paid.
Historical Note(s): 1993-31-16.
34. (1) The treasurer shall appoint a credentials committee consisting of a chair and vice chair, both of whom shall be benchers, and such other benchers and members of the society as the treasurer may determine, for terms of office determined by the treasurer.
(2) The treasurer may remove any person appointed under subsection (1).
(3) The credentials committee may consider an application for
(a) enrolment as an articled student by a person meeting the educational qualifications established pursuant to section 27 (1) (d);
(b) call and admission by an articled student or a barrister and solicitor of another province or territory, or
(c) reinstatement by a former member
and may conduct or authorize any person to conduct an investigation concerning the application.
(4) On an application for enrolment as an articled student, the credentials committee may
(a) enroll the applicant without conditions or limitations;
(b) enroll the applicant with conditions or limitations on the activities of the applicant as an articled student, where the applicant consents in writing to those conditions or limitations, or
(c) order a hearing.
(5) On an application for call and admission, the credentials committee may
(a) recommend to the benchers that the applicant be called and admitted without conditions or limitations;
(b) recommend to the benchers that the applicant be called and admitted with conditions or limitations imposed on his or her practice pursuant to section 28 (3), where the applicant consents in writing to those conditions or limitations, or
(c) order a hearing.
(6) Subject to section 36, on an application for reinstatement, the credentials committee may
(a) reinstate the applicant without conditions or limitations;
(b) reinstate the applicant with conditions or limitations on the practice of the applicant where the applicant consents in writing to those conditions or limitations, or
(c) order a hearing.
(7) The credentials committee may consider an application referred to in subsection (3) and order a hearing, notwithstanding that the application has been withdrawn.
(8) The credentials committee may, with the consent of the person concerned, vary or remove conditions or limitations made under this section.
Historical Note(s): 1987-25-34; 1992-74-6.
35. (1) Where a hearing is ordered under section 34,
(a) the applicant shall be notified at least 30 days before the hearing, unless the applicant consents to a shorter notice period, and
(b) the treasurer shall establish a panel under section 54.1 to conduct the hearing.
(2) A panel may
(a) compel the applicant to give evidence under oath, and
(b) at any time before or during a hearing, order the applicant to produce all relevant files and records that are in the applicant's possession or control.
(3) At the conclusion of a hearing on an application for enrolment as an articled student, the panel may
(a) enroll the applicant without conditions or limitations;
(b) enroll the applicant with conditions or limitations on the activities of the applicant as an articled student, or
(c) reject the application.
(4) At the conclusion of a hearing on an application for call and admission, the panel may
(a) recommend to the benchers that the applicant be called and admitted without conditions or limitations;
(b) recommend to the benchers that the applicant be called and admitted with conditions or limitations imposed on the applicant's practice under section 28 (3), or
(c) reject the application.
(5) Subject to section 36, at the conclusion of a hearing on an application for reinstatement, the panel may
(a) reinstate the applicant without conditions or limitations;
(b) reinstate the applicant with conditions or limitations on the practice of the applicant, or
(c) reject the application.
(6) Where an application is rejected following a hearing
(a) the panel shall, on the written request of the applicant, give written reasons for its decision, and
(b) the applicant shall not be enrolled as an articled student, called and admitted or reinstated, as the case may be.
(7) A panel may complete a hearing notwithstanding that the application has been withdrawn.
(8) Conditions or limitations imposed by a panel under this section may be varied or removed on application by the person concerned to the treasurer, who shall refer the application to the same panel that conducted the hearing or to the credentials committee, as the treasurer considers appropriate.
Historical Note(s): 1992-74-7.
35.1 (1) Within 30 days after being notified of the decision of the panel under section 35, the applicant may apply in writing to the benchers for a review.
(2) On a review of the record before the panel and after hearing the applicant's submissions, the benchers may
(a) confirm the decision of the panel, or
(b) substitute a decision the panel could have made under section 35.
(3) If in the opinion of the benchers there are special circumstances, the benchers may permit the applicant to present evidence that is not part of the record.
Historical Note(s): 1993-31-17.
36. (1) Subject to subsections (2) and (3), the credentials committee may reinstate a person who has ceased to be a member by a vote of
(a) a majority, in the case of a person who ceased to be a member as a result of failure to pay the annual fee in respect of a single year, or
(b) a 2/3 majority, in any other case.
(2) Where an applicant for reinstatement has been disbarred or, as a result of disciplinary proceedings, has resigned from membership in the society or otherwise ceased to be a member of the society as a result of disciplinary proceedings, the credentials committee shall order a hearing.
(3) Notice in writing of an application for reinstatement shall be given by the applicant to such persons as the secretary may direct, and the persons notified may appear at the hearing in person or by counsel and be heard on the application.
(4) At the conclusion of a hearing ordered under subsection (2), the panel conducting the hearing may
(a) recommend to the benchers that the applicant be reinstated without conditions or limitations;
(b) recommend to the benchers that the applicant be reinstated with conditions or limitations on the practice of the applicant, or
(c) reject the application.
(5) Where a panel recommends reinstatement under subsection (4) (a) or (b), the benchers may reinstate the applicant on a 2/3 majority vote of the benchers present at the meeting of the benchers and may impose conditions or limitations on the practice of the applicant by a majority vote.
(6) Where an applicant is reinstated under subsection (5) subject to conditions or limitations, the benchers may vary or remove those conditions or limitations.
(7) No person shall be reinstated unless the person satisfies the credentials committee or the benchers that the person
(a) [Repealed 1993-31-18.]
(b) is of good character and repute;
(c) is fit to become a barrister and a solicitor of the Supreme Court, and
(d) has paid
(i) a prorated fee under section 28.1 (3) or 29 (1) (a),
(ii) all or part, as determined by the benchers, of
(A) the annual insurance fee under section 24 (2) (n), and
(B) the sum referred to in section 29 (1) (b), and
(iii) a reinstatement fee in an amount that the benchers may fix.
Historical Note(s): 1987-25-36; 1992-74-8; 1993-31-18.
Part 6 — Competence, Discipline and Financial Responsibility
37. (1) For the terms the treasurer determines, the treasurer may appoint a competency committee consisting of the following persons:
(a) a bencher as chair;
(b) a bencher as vice chair;
(c) other benchers or members of the society as members of the committee.
(2) The competency committee, or a committee composed of one or more members of the society appointed by the competency committee, may, where it has reasonable and probable grounds to believe that a member is practising law in an incompetent manner, conduct an investigation into whether, in its opinion, a member is practising law in an incompetent manner.
(3) A member who is being investigated under subsection (2) shall
(a) answer any inquiries, and
(b) provide the committee conducting the investigation with any information, files or records within the member's possession or power
that the committee may reasonably require.
(4) Where the investigation is being conducted by a committee appointed by the competency committee under subsection (2), the investigating committee shall prepare a report of its findings and recommendations to the competency committee.
(5) Following an investigation under subsection (2) or on receiving a report under subsection (4), the competency committee may make recommendations to the member who was investigated, where it considers that the carrying out of the recommendations will improve the knowledge or skill of the member in carrying on his practice of law.
(6) Where the competency committee makes recommendations under subsection (5), the committee shall, at the written request of the member, provide him with the recommendations in writing.
(7) The competency committee may report to the discipline committee
(a) the results of an investigation carried out under this section, or
(b) where it has made recommendations under subsection (5), the manner in which the member has carried out or followed the recommendations.
Historical Note(s): 1987-25-37; 1993-31-19.
38. The benchers may impose conditions on the practice of a member who, at the time the conditions are imposed, had not engaged in the practice of law for a period of 3 years of the preceding 5 years.
Historical Note(s): 1987-25-38; 1993-31-20.
39. (1) The treasurer shall appoint a discipline committee consisting of a chair and vice chair, both of whom shall be benchers, and such other benchers and members of the society as the treasurer may determine, for terms of office determined by the treasurer.
(2) The treasurer may remove any person appointed under subsection (1).
(3) The discipline committee may consider the conduct or competence of a member, former member or articled student and may conduct or authorize any person to conduct an investigation into the conduct or competence of the member, former member or articled student.
(4) Where the chair, vice chair or another bencher member of the discipline committee believes that a member or former member may have committed any misconduct, conduct unbecoming a member of the society or breach of this Act or the rules made under it, that bencher may order that an investigation be made of the books, records and accounts of the member or former member.
(5) Where an order is made under subsection (4), the secretary shall designate one or more persons to conduct the investigation.
(6) Where an order is made under subsection (4), the member or former member concerned shall immediately produce and permit the copying of all files, vouchers, records, accounts, books and any other evidence and shall furnish such explanations as the persons designated by the secretary under subsection (5) require for the purpose of the investigation.
(7) The discipline committee may require a member, former member or articled student to appear before the committee or before another body provided for in the rules, to discuss the conduct or competence of the member, former member or articled student.
(8) The chair of the discipline committee or any 3 benchers may order a hearing into the conduct or competence of a member, former member or articled student by directing that a citation be issued against the member, former member or articled student.
(9) The discipline committee may rescind a citation at any time before a panel makes a determination under section 45.
Historical Note(s): 1987-25-39; 1992-74-9; 1993-31-21.
39.1 (1) The secretary may at any time order an audit of the books, records and accounts of any member for the purpose of ascertaining whether the member is maintaining and has been maintaining books, records and accounts in accordance with this Act and the rules made under it and designate a person or persons to conduct the audit.
(2) Where an order is made under subsection (1), the member concerned shall immediately produce and permit the copying of all files, vouchers, records, accounts, books and any other evidence and shall furnish such explanations as the person designated by the secretary shall require for the purpose of the audit.
Historical Note(s): 1992-74-10.
40. (1) The chair, vice chair or another bencher member of the discipline committee may apply to a judge of the Supreme Court for an order that files or other records, wherever located, of or relating to a member, former member or articled student be seized from the person named in the order, if the bencher has reasonable grounds to believe that a member, former member or articled student may have committed or will commit any
(a) misconduct;
(b) conduct unbecoming a member of the society, or
(c) breach of this Act or a rule made under it.
(1.1) An application under subsection (1) may be made without notice to anyone or on such notice as the judge requires.
(2) Where the application under subsection (1) is in relation to the conduct of an articled student, the order may be made in respect of the books, accounts, files or other records of the member or firm to whom the student is or was articled.
(3) In an application under subsection (1), the person making the application shall state on oath the grounds for believing the matter referred to in subsection (1) and the grounds for believing that the seizure will produce evidence relevant to that matter.
(4) In an order under subsection (1), the court may
(a) designate the person who will conduct the seizure and authorize that person to conduct it;
(b) state the time and place where the seizure will take place, and
(c) give any other directions that are necessary to carry out the seizure.
Historical Note(s): 1987-25-40; 1989-64-13; 1992-74-11.
41. (1) Where a citation has been issued under section 39 (8),
(a) the respondent shall be served with the citation in accordance with the rules, and
(b) the treasurer shall establish a panel under section 54.1 to conduct a hearing, make a determination under section 45 and take action, where appropriate, under section 46.
(2) A person who has participated in the decision to direct that a citation be issued must not
(a) serve as a member of the panel, or
(b) sit as a bencher on a review by the benchers under section 47 or 48.
(3) A panel may
(a) compel the respondent to give evidence under oath, and
(b) at any time before or during a hearing, order the respondent to produce all files and records that are in the respondent's possession or control that may be relevant to the matters raised in the citation.
Historical Note(s): 1992-74-12; 1993-31-22.
42. (1) Where a member or former member is
(a) served with an order under section 35 (2) (b), 40 (1) or (2) or 41 (3) (b), or
(b) required to produce information, files or records under section 37 (3) (b)
and the member or former member objects to the production of a document on the grounds that the document is confidential and that a client objects to its disclosure, the document shall be sealed without inspection or copying and placed into the custody of
(c) any member acceptable to both the member or former member and the society, or
(d) a sheriff.
(2) Where a document is sealed under subsection (1), the member shall provide the society with the name and address of the client whose document it is.
(3) The person having custody of a sealed document shall return the document to the member or former member unless the society delivers within 30 days to the person having custody
(a) a written waiver of confidentiality signed by the client, or
(b) the secretary's certification that the client has been contacted and has given an oral waiver of confidentiality;
in which case, the person having custody shall deliver the document to the secretary.
(4) A judge of the Supreme Court may, upon application,
(a) extend the time period referred to in subsection (3);
(b) where the client cannot be located, order that the sealed document be delivered to the society on conditions as to notice or substitutional service that the court considers just, and
(c) examine the sealed document and any affidavit evidence that the judge considers relevant, and
(i) if the judge is of the opinion that the document should not be disclosed, ensure that it is resealed and order the person having custody to return the document to the member or former member, or,
(ii) if the judge is of the opinion that the document should be disclosed, order the person having custody to deliver the document to the secretary, subject to such restrictions or conditions as the judge considers appropriate.
Historical Note(s): 1987-25-42; 1992-74-13.
43. (1) Where there has been a direction under section 39 (8) to issue a citation, any 3 benchers may, with or without notice to the respondent,
(a) suspend the member, if they consider, on the balance of probabilities, that the continued practice of the member will be dangerous or harmful to the public or the member's clients;
(b) in any other case, place conditions on the practice of a member, or
(c) suspend the enrolment of an articled student
pending final disposition of the citation under section 45 (1) or 46, and may require the member or articled student
(d) to submit to an examination by a qualified medical practitioner named by the 3 benchers, and
(e) to instruct the qualified medical practitioner to report to the discipline committee with respect to the member's ability to practise law or the articled student's ability to complete his or her articles.
(2) A member suspended under subsection (1), section 46 (1) (d), 47, 48 or 51 is not in good standing.
(3) Where an order has been made under subsection (1), the respondent may apply to
(a) the 3 benchers who made the order, or
(b) the treasurer
for rescission or variation of the order.
(4) Where an application is made under subsection (3) (a), the 3 benchers constitute a panel for the purposes of subsections (6) and (7).
(5) Where application is made under subsection (3) (b), the treasurer shall appoint a new panel under section 54.1.
(6) Where an order has been made under subsection (1) with notice to the respondent, the panel shall, on cause being shown on the balance of probabilities by or on behalf of the respondent, rescind or vary the order.
(7) Where an order has been made under subsection (1) without notice to the respondent, the panel shall rescind or vary the order unless the discipline committee shows cause, on the balance of probabilities, why the order should not be rescinded or varied.
Historical Note(s): 1992-74-14.
44. (1) In this Act, the power to disbar a member or former member is the power
(a) to make a declaration that the member or former member is then unsuitable to engage in the practice of law, and
(b) to terminate the membership of the member in the society.
(2) Where a barrister is disbarred, the secretary shall strike his name from the barristers' roll, and, where a solicitor is disbarred, he shall strike the solicitor's name from the solicitors' roll.
Historical Note(s): 1987-25-44.
45. (1) A panel may, after a hearing under section 41,
(a) dismiss the citation;
(b) determine that the respondent has committed one or more of the following:
(i) professional misconduct,
(ii) conduct unbecoming a member of the society;
(iii) a breach of this Act or a rule made under it;
(iv) incompetent performance of duties undertaken in the capacity of a member of the society;
(v) if the respondent is not a member, conduct that would, if the respondent were a member, constitute professional misconduct, conduct unbecoming a member of the society, or a contravention of this Act or a rule made under it, or
(c) make any other disposition of the citation that it considers proper.
(2) A panel shall give written reasons for any decision it makes under subsection (1).
Historical Note(s): 1992-74-15.
46. (1) Where an adverse determination is made against a respondent other than an articled student under section 45, the panel may do one or more of the following:
(a) reprimand the respondent;
(b) fine the respondent in an amount not exceeding $20 000;
(c) impose conditions on the respondent's practice;
(d) suspend the respondent from the practice of law or from practice in one or more fields of law
(i) for a specified period of time,
(ii) until the respondent complies with an order under paragraph (f), (g), (h) or (i), or
(iii) from a specific date until the respondent complies with an order under paragraph (f), (g), (h) or (i);
(e) disbar the respondent;
(f) require the respondent to complete a remedial program to the satisfaction of the competency committee;
(g) require the respondent to appear before a board of examiners appointed by the panel or by the competency committee and satisfy the board that the respondent is competent to practise law or to practise in one or more fields of law;
(h) require the respondent to appear before a board of examiners appointed by the panel or by the competency committee and satisfy the board that the respondent's competence to practise law is not adversely affected by a physical or mental disability or dependency on alcohol or drugs;
(i) require the respondent to practise law only as a partner, employee or associate of one or more other members.
(2) In addition to its powers under subsection (1), a panel may make any other orders and declarations and impose any conditions that it considers just.
(3) Where an adverse determination is made against an articled student under section 45, the panel may do one or more of the following:
(a) reprimand the articled student;
(b) fine the articled student an amount not exceeding $2 000;
(c) extend the period which the articled student shall serve under articles;
(d) set aside the enrolment of the articled student
and may make any other further orders or declarations and impose any conditions that it considers just.
(4) The panel shall record in writing any action taken under this section and any order for costs made under section 55.
(5) A fine imposed under this section or under section 47 or 48 may be recovered as a debt owing to the society and, when collected, it is the property of the society.
Historical Note(s): 1992-74-15.
47. (1) A respondent, in respect of whom action was taken under section 46 may, within 30 days after the action was taken, apply in writing to the benchers for a review.
(2) On a review under subsection (1), the benchers may confirm or decrease the severity of the action taken under section 46, after hearing the respondent and any evidence that the benchers may, in their discretion, permit the respondent to adduce.
Historical Note(s): 1992-74-15.
48. Where, following the hearing of a citation, the discipline committee is dissatisfied with
(a) a dismissal under section 45 (1) (a);
(b) a determination made under section 45 (1) (b) or (c), or
(c) any action taken under section 46;
the discipline committee may, within 30 days after the dismissal, determination or action has been made or taken, refer the matter to the benchers who may, after hearing further argument and any evidence that the benchers may, in their discretion permit,
(d) confirm the decision;
(e) set aside the dismissal and
(i) make a determination under section 45 (1) (b) or (c), and,
(ii) take any action that the panel could have taken under section 46,
(f) set aside a determination made under section 45 (1) (b) or (c) and dismiss the citation;
(g) with respect to a review of an action referred to in paragraph (c), increase or decrease the severity of the action taken under section 46, or
(h) refer the matter back to the panel that heard the citation with instructions.
Historical Note(s): 1992-74-15.
49. Where an applicant or respondent fails to attend or remain in attendance at
(a) a hearing before a panel on an application for enrolment as an articled student, call and admission or reinstatement in the society;
(b) a hearing before a panel on a citation, or
(c) a review by the benchers under section 47 or 48;
the panel or benchers, as the case may be, may, on proof of service of the citation or notice of hearing, proceed with the hearing in the absence of the applicant or respondent and make any order that it or they could have made had the applicant or respondent been there.
Historical Note(s): 1992-74-15.
50. (1) The discipline committee may suspend or impose conditions and limitations on the practice of a member who it considers does not meet the standards of financial responsibility established under section 25 (2) (g), and the committee may remove the suspension or vary or remove the conditions and limitations.
(2) The discipline committee shall not suspend a member or impose conditions and limitations on the practice of a member under subsection (1) until it has notified the member of the reasons for the proposed action and given the member a reasonable opportunity to make representations respecting those reasons.
Historical Note(s): 1987-25-50.
51. On proof that a member or former member of the society has been convicted of an offence which may only be prosecuted by way of indictment, the benchers may, without following the procedure provided for in this Part, summarily suspend or disbar the member or former member.
Historical Note(s): 1992-74-16.
52. (1) In this section and sections 52.1 and 52.2 "fund" means the special compensation fund continued by subsection (2).
(2) The benchers must continue the special compensation fund.
(3) For this section and sections 52.1 and 52.2, money or property entrusted to or received by a member of the society as trustee is not entrusted to or received by the member in the member's capacity as a member of the society if the member has no responsibility in the member's capacity as a barrister or solicitor in connection with the money or property entrusted to the member.
(4) For the terms the treasurer determines, the treasurer may appoint the following persons as the members of the special compensation fund committee:
(a) a bencher as chair;
(b) a bencher as vice chair;
(c) other benchers or members of the society as members of the committee.
(5) The fund
(a) is the property of the society;
(b) must be accounted for separately from the other funds of the society, and
(c) is not subject to any process of seizure or attachment by any creditor of the society.
(6) The benchers may invest the fund and the proceeds from it in any securities and in the manner they think fit.
(7) The fund is not subject to a trust in favour of a person who claims to have sustained a loss.
(8) The benchers may authorize payment out of the fund for expenses incurred for any of the following purposes:
(a) to administer the fund;
(b) to investigate claims against the fund;
(c) to improve members' records or accounting procedures;
(d) for any other matter relating to the protection and maintenance of the fund.
(9) A payment made under subsection (8) (b) or section 52.1 (3) (d)
(a) may be recovered from the member or former member on whose account it was paid, or from the estate of that person, as a debt owing to the society, and
(b) if collected, is the property of the society and must be accounted for as part of the fund.
(10) In any action to recover money under subsection (9), the member, former member or the estate may raise any defence against the society that could have been raised against the person to whom the payment was made in respect of any action that could have been brought by that person for conduct that gave rise to that person's claim under section 52.1, other than a defence under the Limitation Act.
Historical Note(s): 1993-31-23.
52.1 (1) A person may apply in writing to the benchers for compensation from the special compensation fund.
(2) If in their opinion it is warranted, the benchers may investigate the conduct described in the application as soon as practicable.
(3) If the benchers are satisfied that
(a) money or other property was entrusted to or was otherwise received by a member of the society in the member's capacity as a barrister and solicitor;
(b) the member misappropriated or wrongfully converted the money or other property, and
(c) a person sustained a pecuniary loss as a result of that misappropriation or wrongful conversion;
the benchers may, in their discretion and on terms they think fit,
(d) pay money out of the fund to compensate the person entitled for all or part of the loss, or
(e) determine that no payment be made.
(4) The benchers must not make a payment out of the fund for any of the following:
(a) in respect of a misappropriation or wrongful conversion that occurred before the fund was created;
(b) if the claim for payment is made more than 2 years after the facts that gave rise to the claim were known by the person making it;
(c) in respect of a misappropriation or wrongful conversion by a member that occurred while the member was acting in the capacity of a member of a governing body of the legal profession of another province or territory or a foreign jurisdiction.
Historical Note(s): 1993-31-23.
52.2 The benchers may make rules as follows:
(a) establishing procedures for the investigation and consideration of an application under section 52.1, including rules permitting a hearing;
(b) placing general limitations on the amounts that may be paid out of the fund;
(c) permitting the review by the benchers of any decision of the special compensation fund committee.
Historical Note(s): 1993-31-23.
53. An applicant, respondent or articled student may appear at a hearing under Part 5 or 6 with counsel.
Historical Note(s): 1987-25-53.
54. The benchers may employ legal or other assistance that they consider necessary for the purpose of issuing a citation or conducting an inquiry, investigation or hearing under Part 5 or 6.
Historical Note(s): 1987-25-54.
54.1 (1) A panel shall consist of an odd number of persons but, subject to subsection (2), may not consist of one person.
(2) A panel may consist of one bencher who is a member of the society with the written consent of the applicant or respondent.
(3) A panel shall be chaired by a bencher who is a member of the society.
(4) All benchers and all members of the society are eligible to be appointed to a panel.
(5) Notwithstanding subsection (2), a member of a panel who ceases to be a bencher may, with the consent of the treasurer and with or without the consent of the applicant or respondent, continue to be a member of the panel and, where that person is the chair of the panel, may continue to chair the panel, and the panel may complete any hearing or hearings already scheduled or commenced.
(6) Notwithstanding subsection (2), a member of a panel who ceases to be a member of the society may, with the consent of the treasurer and with or without the consent of the applicant or respondent, continue to be a member of the panel and the panel may complete any hearing or hearings already scheduled or commenced.
(7) Two or more panels may proceed with separate matters at the same time.
(8) The treasurer may refer a matter that is before a panel to another panel, fill a vacancy on a panel and, on the advice of the executive committee, may terminate an appointment to a panel.
(9) Unless otherwise provided in this Act, a panel shall decide any matter by a majority and the decision of the majority is the decision of the panel.
Historical Note(s): 1992-74-17.
55. (1) A panel may order that
(a) an applicant pay to the society the costs of a hearing conducted under section 35, 35.1 or 36;
(b) a respondent pay to the society the costs of a hearing conducted under section 41, and
(c) a respondent pay to the society the costs of a remedial program ordered under section 46;
and may set the time for payment.
(1.1) The time for payment of costs ordered under subsection (1) may be extended on application by the person concerned to the treasurer, who shall refer the application to the same panel that made the order, to a new panel or to a committee established by this Act, as may in the treasurer's discretion appear appropriate.
(2) The competency committee may order that a member pay to the society the cost of an investigation or of implementing a remedial program under section 37 and may set and extend the time for payment.
(2.1) The discipline committee may order that a member pay to the society the costs of an investigation or audit ordered under section 39 or 39.1 and may set and extend the time for payment.
(3) The benchers may order that a respondent pay to the society the costs of a review under section 47 and may set and extend the time for payment.
(4) Where no adverse finding is made against a member, former member, applicant or articled student after a hearing under section 35, 36 or 41 or an investigation under section 37, the panel, the benchers or the competency committee, as the case may be, may order that the society pay to the member, former member, applicant or articled student, costs in an amount determined by it or them.
(4.1) Where an applicant is enrolled, called and admitted or reinstated under section 34, the credentials committee may order that the society pay to the applicant costs in an amount to be determined by the committee,
(5) Where the legal assistance employed by the benchers under section 54 is provided by a member who is an employee of the society, the amount of costs that may be awarded under this section in respect of that legal assistance may be the same as though the society had retained outside counsel.
(6) The amount of costs ordered to be paid by a member, former member, applicant or articled student under this section shall be determined by the appropriate committee, panel or the benchers, as the case may be, and may be recovered as a debt owing to the society and, when collected, they are the property of the society.
Historical Note(s): 1987-25-55; 1992-74-18; 1993-31-24.
56. (1) For a hearing under Part 5 or 6
(a) the benchers or a bencher;
(b) a panel or a member of a panel, or
(c) the special compensation fund committee appointed under section 52 (4) or a member of the committee
have the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act with respect to any hearing.
(2) The society, an applicant or a respondent may apply to the Supreme Court, without notice to anyone, for an order that a subpoena in the form in the Rules of Court issue to compel the attendance of a person as a witness at a hearing under Part 5 or 6.
(3) If the person who is required as a witness is in the custody of
(a) another person, or
(b) the custodian of a penal institution;
in addition to making an order under subsection (2), the court may make an order directing the person having custody to produce the attendance of the witness at the hearing.
(4) The Rules of Court respecting
(a) the use of a subpoena to obtain the attendance of a person at the trial of an action, and
(b) failure to obey a subpoena or order of the court
apply to a person who is the subject of an order under subsection (2) or (3).
Historical Note(s): 1993-31-25.
56.1 (1) If it appears that a person has failed to comply with an order, summons or subpoena of a person or body referred to in section 56 (1) (a) to (c), a person or body referred to in section 56 (1) (a) to (c) may apply to the Supreme Court for an order directing the person to comply with the order, summons or subpoena.
(2) On an application under subsection (1), the court may make the order requested or another order it considers proper.
Historical Note(s): 1993-31-25.
57. (1) A person who, in the course of carrying out duties under this Act, becomes privy to information, files or records that are confidential or are subject to solicitor and client privilege, has the same obligation respecting the disclosure of that information as the member from whom the information, files or records were obtained.
(2) A member, former member or articled student who, in accordance with this Act, provides the society with any information, files or records that are confidential, or subject to a solicitor and client privilege shall be deemed not to have breached any duty or obligation that he would otherwise have had to the society or the client not to disclose the information, files or records.
(3) A person who, during the course of an appeal under section 58 or an application under the Judicial Review Procedure Act with respect to a matter under this Act, becomes privy to information or records that are confidential or are subject to solicitor and client privilege, shall not
(a) utilize the information other than for the purpose for which it was obtained, or
(b) disclose the information to any person.
(4) The Court of Appeal, on an appeal under section 58, and the Supreme Court, on an application under the Judicial Review Procedure Act with respect to a matter under this Act, may exclude members of the public from the hearing of the appeal or application where the court considers the exclusion is necessary to prevent the disclosure of information, files or records that are confidential or subject to solicitor and client privilege.
(5) In the giving of reasons for judgment on an appeal or application referred to in subsection (4), the Court of Appeal or the Supreme Court, as the case may be, shall take all reasonable precautions to avoid including in those reasons any information before them on the appeal or application that is confidential or subject to solicitor and client privilege.
(6) The benchers may make rules that they consider necessary or advisable for the purpose of ensuring the non-disclosure of any confidential information or information that, but for the provisions of this Act, would be subject to solicitor and client privilege, and the rules may be made applicable to any person who, in the course of any proceeding under this Act, would become privy to the confidential or privileged information.
Historical Note(s): 1987-25-57.
58. Any
(a) applicant;
(b) respondent;
(c) member who is suspended under section 43, or
(d) member or former member who is suspended or disbarred under section 51
who is affected by any decision, determination or order of a panel or the benchers, may appeal the decision, determination or order to the Court of Appeal.
Historical Note(s): 1992-74-20.
Part 8 — Custody of Member's Property
59. In sections 60 to 62
"member" includes a former member of the society;
"property" or "property of a member" means anything, wherever situated, kept by, acquired by or given to a member by or for a client or other person, where the property in any way relates to the member's practice or former practice as a barrister or solicitor or to the business or affairs of his clients or former clients, whether or not the property was kept, acquired or given before or after he ceased to practise as a barrister or solicitor, and includes ledgers, records, securities, trust money, in cash or on deposit, and chattels.
Historical Note(s): 1987-25-59.
60. (1) Where
(a) a member has been disbarred or ceased to be a member of the society;
(b) a member has been suspended;
(c) a member has died;
(d) by reason of physical or mental illness or for any other reason, a member is unable to practise as a barrister or solicitor;
(e) a member has absconded or is otherwise improperly absent from his place of business, or where his practice has been neglected for an unduly extended period;
(f) there is reason to believe that trust money held by a member is not sufficient to meet his trust liabilities, or
(g) other sufficient grounds exist;
the Supreme Court may, on application by the society either ex parte or on notice the court requires, appoint a person to be custodian of the property of the member and to manage, arrange for the conduct of and, where it is appropriate, wind up the legal business of the member.
(2) An order under subsection (1) may
(a) direct the sheriff to seize and place in the custody of the custodian all property of the member, and
(b) authorize the sheriff to enter on the premises or open a safety deposit box or other receptacle where, at any of those places, the court considers there are grounds to believe that property of the member may be found.
(3) Unless otherwise directed by the court, the order shall be served on the member.
(4) Subject to subsection (2), where a person receives notice that an order has been made under this section, he shall retain all property of a member that is in his possession or control, until directed otherwise by the custodian or by an order of the court.
(5) The Supreme Court may, in an order under subsection (1) or on any later application by the custodian, the executor of a deceased member or any other interested person, either ex parte or on notice the court requires,
(a) direct a person who holds the member's property on deposit, to deal with, hold, pay over or dispose of the property to the custodian or otherwise as directed by the court;
(b) remove any custodian appointed by the order and appoint another custodian;
(c) give directions to the custodian respecting the disposition of the property in his hands or any part of it, and
(d) give directions or make orders that the nature of the situation requires.
(6) A custodian shall, when requested by the society, provide the society with access to and, at the society's expense, copies of any of the member's files and records.
Historical Note(s): 1987-25-60.
61. (1) Where property of a member has been placed in the custody of a custodian, the secretary or other persons designated by the discipline committee, shall examine the property, after which time the custodian shall, by notice he thinks proper, inform the clients of the member and other persons he considers necessary that
(a) the property of the member is in the custody of the custodian and that an examination of it indicates that the client or other person appears to have an interest in it, and
(b) the client or other person may apply to the custodian, subject to any solicitor's lien of the member on the property;
(i) for the delivery to him of the property in which he appears to have an interest, or,
(ii) for leave to make copies of documents and papers among the property that he may require in respect of transactions or dealings he had with the member.
(2) Where the custodian is satisfied that a person is entitled to property in his custody and that no solicitor's lien exists or appears to exist, he may deliver the property to the person claiming it.
(3) Where a member whose property has been placed in the custody of a custodian under section 60 claims to be entitled to a solicitor's lien on the property or any part of it, the member may, within 30 days from the service of the order on him, file notice of his claim for lien with the custodian giving full particulars of it.
(4) The custodian shall, on receiving notice under subsection (3), immediately give notice of the claim for lien to the apparent owner of the property on which a lien is claimed, and the rights of the parties shall then be determined according to law.
(5) Where a member fails to file a claim for lien under this section within the 30 day period referred to in subsection (3), a lien that he might otherwise be entitled to is extinguished, and the custodian is entitled to deliver the property to the claimant if otherwise satisfied that it is proper to do so.
(6) The Supreme Court may summarily determine the validity of a claim to a solicitor's lien.
Historical Note(s): 1987-25-61.
62. (1) Notwithstanding anything in section 60 or 61, the Supreme Court may at any time extend or shorten the time within which anything is required to be done or dispense with any of the requirements of those sections.
(2) The provisions of section 93 apply to the protection of the custodian, society and any person designated by the discipline committee, or acting for any of them, in respect of a proceeding taken under section 60 or 61.
(3) The court may fix and award the costs and fees, to be taxed, allowed and paid by the member or other person, in respect of proceedings under this section or section 60 or 61, including the costs and fees payable to a custodian, but no costs shall be awarded against the society, its officers, the benchers or anyone designated by the benchers in respect of proceedings under this section and taken in good faith.
(4) Proceedings under this section or section 60 or 61 shall be commenced by petition.
(5) A sheriff and any of his officers executing an order under section 60 have the same powers as they have in the execution of a writ of seizure and sale.
Historical Note(s): 1987-25-62.
63. (1) The Law Foundation (the "foundation") is continued as a body corporate consisting of the members of the board of governors under section 64 (1).
(2) The foundation may acquire, dispose of and otherwise deal with its property for the purposes of the foundation.
Historical Note(s): 1987-25-63.
64. (1) The foundation shall be administered by a board of governors (the "board") consisting of 18 members as follows:
(a) the Attorney General or his appointee;
(b) 3 persons, not members of the society, appointed to the board by the Attorney General;
(c) 12 members of the society or the judiciary appointed by the executive committee, of whom at least one shall be from each district referred to in section 12 (1);
(d) 2 members of the society appointed by the executive committee of the British Columbia Branch of the Canadian Bar Association.
(2) Members of the board, other than the Attorney General, shall hold office for a term of 3 years or until their successors are appointed, and they may be reappointed.
(3) The Attorney General may revoke the appointment of a member of the board that he appointed, during that member's term of office.
(4) The benchers may revoke the appointment of a member of the board appointed by the society's executive committee, during that member's term of office.
(5) The Provincial Council of the British Columbia Branch of the Canadian Bar Association may revoke the appointment of a member of the board appointed by the executive committee of the Branch, during that member's term of office.
(6) The members of the board shall elect one of their members to be chairman of the board.
(7) Where a vacancy occurs in the office of a member of the board, the person or body by whom he was appointed may appoint to the vacant office a person eligible to be appointed to that office by that person or body under subsection (1), and the person so appointed shall hold office for the balance of the term for which he is appointed, or until his successor is appointed.
(8) The continuing members of the board may act notwithstanding a vacancy in the board.
(9) An act of the board shall not be invalid by reason only of a defect that is afterwards discovered in the appointment of one or more of its members.
(10) An appointed member of the board may resign from office on giving one month's notice in writing to the board of his intention to do so, and his resignation shall take effect on the expiration of the notice or on its earlier acceptance by the board.
(11) A member of the board ceases to hold office where he
(a) ceases to hold the qualifications necessary for his appointment;
(b) becomes a mentally disordered person;
(c) becomes bankrupt, or
(d) contravenes a provision of this Act or the rules made under this Act, and a majority of the other members of the board consider that the contravention is sufficiently serious to justify the member's removal from the board.
(12) A quorum of the board consists of 8 members.
Historical Note(s): 1987-25-64.
65. (1) The purpose of the foundation is to establish and maintain a fund to be used for the purposes of
(a) legal education;
(b) legal research;
(c) legal aid;
(d) law reform, and
(e) establishing, operating and maintaining law libraries in the Province.
(2) The board may, for the purposes of the foundation, apply the funds of the foundation in the manner that the board may decide and may grant loans of the funds on terms and conditions the board determines.
(3) The foundation may employ members of the society in order to advance the purposes of the foundation.
(4) The funds of the foundation shall consist of
(a) all money remitted to the foundation by or on behalf of members under sections 67 (3) and 68 (16);
(b) interest accruing from investment of the funds of the foundation, and
(c) other money received by the foundation.
(5) The board may pay out of the funds of the foundation the costs, charges and expenses
(a) involved in the administration of the foundation, and
(b) incurred by the board in carrying out the purposes of the foundation.
(6) All money of the foundation shall, pending investment or application in accordance with this section, be paid into a savings institution designated under section 25 (2) (i), and that money shall be used for the purposes of the foundation.
(7) Any money that is not immediately required for the purposes of the foundation may be invested in the name of the foundation by the board in any manner in which trustees are authorized to invest trust funds.
(8) The accounts of the foundation shall be audited annually by a chartered accountant or certified general accountant appointed for that purpose by the benchers.
Historical Note(s): 1987-25-65.
66. The board may make bylaws for purposes relating to the affairs, business, property and objects of the foundation including bylaws respecting the
(a) number and designation of officers of the foundation;
(b) appointment and terms of office of officers of the foundation and all matters relating to their offices;
(c) establishment of an executive committee and the delegation of powers to it;
(d) resignation or removal from office of officers of the foundation;
(e) number and designations of employees of the foundation, other than officers, and their conditions of employment;
(f) remuneration, if any, of officers of the foundation, and
(g) operation of the foundation's account.
Historical Note(s): 1987-25-66.
67. (1) A member shall deposit money received or held for or on behalf of his clients generally in an interest bearing trust account at a savings institution designated under section 25 (2) (i).
(2) A member is not liable, by virtue of the relation between solicitor and client or by virtue of the trust relationship between the solicitor, as trustee, and the beneficiary of the trust, to account to a client or beneficiary for interest received by the solicitor on money received or held in an account established under subsection (1).
(3) A member who is credited by a savings institution with interest on money received or held on behalf of clients generally, holds the interest in trust for the foundation, and shall remit or cause to be remitted the interest to the foundation in accordance with the rules of the society.
(4) Nothing in this section or in the rules made under this section shall apply to money deposited in a separate account for a client, and interest paid on money in such an account is the property of the client.
Historical Note(s): 1987-25-67.
68. (1) In this section "pooled trust funds" means money that has been received by a member in trust and that is not, pursuant to the terms of an arrangement between the member and his client, to be deposited in a separate account for or on behalf of the client who is beneficially interested in or entitled to the money received.
(2) Notwithstanding section 19 of the Trustee Act, the benchers may designate savings institutions or classes of savings institution at which members may deposit pooled trust funds.
(3) A member shall not deposit pooled trust funds at a savings institution that has not been designated under subsection (2).
(4) The benchers may prepare and approve a form of agreement respecting the terms and conditions under which pooled trust funds will be held at designated savings institutions.
(5) The benchers may require that a member tender the agreement, prepared and approved under subsection (4), at a designated savings institution before the member deposits pooled trust funds at that savings institution.
(6) The benchers may require a member to report annually to any savings institution into which the member has deposited pooled trust funds the information required under the Canada Deposit Insurance Corporation Act.
(7) The society may enter into an agreement with a savings institution, with whom members have deposited pooled trust funds, respecting the investment and security of pooled trust funds on deposit at all branches of that savings institution.
(8) Without restricting the generality of subsection (7), an agreement under subsection (7) may provide
(a) that pooled trust funds be transferred, in trust, to the society to be held in the account referred to in subsection (9) and to be invested in the manner permitted by subsection (10), and
(b) that the society obtain, either secured or unsecured, a line of credit from the savings institution for the purpose of insuring that there is always sufficient money on deposit to guarantee that members' trust cheques on their pooled trust fund accounts will be honoured.
(9) The society may operate an account, to be known as the Law Society Pooled Trust Account, at any branch of the savings institution into which pooled trust funds may be deposited in accordance with an agreement under subsection (7).
(10) Money in a Law Society Pooled Trust Account may be invested in
(a) securities of Canada or a province;
(b) securities, the payment of the principal and interest of which is guaranteed by Canada or a province, or
(c) guaranteed trust or investment certificates of the savings institution that has the Law Society Pooled Trust Account.
(11) Interest on money invested under subsection (10) may be used to
(a) purchase insurance in an amount that the society considers necessary to ensure that all members' trust cheques drawn on their pooled trust fund accounts will be honoured, and
(b) pay service and other similar charges in respect of services provided by the savings institution at which the society operates an account under subsection (9).
(12) The society may, out of the Law Society Pooled Trust Account, pay money to any person who has suffered a loss directly resulting from the inability or refusal of the savings institution to honour a member's trust cheque drawn on his pooled trust fund account, up to a maximum, in any year, fixed by the benchers.
(13) The benchers shall not pay out any money under subsection (12) unless they are satisfied that they will, through agreements referred to in subsection (14) or the insurance purchased under subsection (11), be reimbursed or indemnified for any money that has been paid out.
(14) The society may enter into agreements with the Canada Deposit Insurance Corporation and the Credit Union Deposit Insurance Corporation of British Columbia respecting reimbursement or indemnity by these corporations of money that has been paid out under subsection (12).
(15) The society may retain or employ a person to manage a Law Society Pooled Trust Account and may pay that person his fees or remuneration out of interest earned on money in Law Society Pooled Trust Accounts.
(16) Subject to subsections (11), (12) and (15), all interest earned on money deposited into a Law Society Pooled Trust Account shall be held in trust by the society for the benefit of the Law Foundation, and the society is not liable to account to any client of a member in respect of that interest.
(17) Notwithstanding any agreement between a member and a savings institution at which a member has a pooled trust fund account, where a member's pooled trust fund account is overdrawn by an amount exceeding $1 000, the savings institution shall, as soon as practicable, inform the society of the particulars.
(18) Subsection (17) and the failure of a savings institution to comply with it has no effect on the civil liability of that savings institution to any person, and that liability, if any, shall be determined as though subsection (17) were not in force.
Historical Note(s): 1987-25-68.
69. In this Part
"member" includes a former member;
"person charged" includes a person who has agreed with a member to pay for legal services, whether or not the services were provided on his behalf;
"registrar" means a district registrar of the Supreme Court.
Historical Note(s): 1987-25-69.
70. (1) Subject to subsection (4), a member shall not bring an action to recover his fees, charges or disbursements for or in connection with services rendered by him until the expiration of 30 days after a bill has been delivered personally, or sent by post to or left at the last known place of business or the residence of the person charged.
(2) The bill shall be signed by or on behalf of the member or accompanied by a letter signed by the member or on his behalf that refers to the bill.
(3) A bill under subsection (1) is sufficient in form if it contains a reasonably descriptive statement of the services with a lump sum charge and a detailed statement of disbursements.
(4) Where the Supreme Court finds that
(a) there is probable cause for believing that the person charged with a bill for fees, charges or disbursements of a member is about to leave the Province other than temporarily, and
(b) the bill has been delivered or sent as provided in subsection (1);
it may order that leave be granted for the commencement of an action for the recovery of the amounts set out in the bill before the expiration of the 30 day period.
Historical Note(s): 1987-25-70.
71. (1) Where a bill for fees, charges or disbursements has been delivered or sent as provided in section 70, the member, the member's agent, executor or assignee or, in the case of a partnership, one of the partners or the partner's agent may,
(a) on the expiration of 30 days after the bill has been delivered or sent, and
(b) after serving either the person charged with the bill or the person by whom payment is to be made, with not less than 5 days' written notice of an appointment to review the bill;
apply to have the bill reviewed before a registrar.
(2) The person charged with a bill for fees, charges or disbursements of a member or a person who has agreed to indemnify the person charged with payment of the bill, may apply to a registrar, before or after payment of the bill, for an appointment to review the bill, and the person shall deliver a copy of the appointment to the member at the address shown on the bill, not less than 5 days before the date fixed for the review.
(3) Where the member's bill relates to a court proceeding, the appointment to review it shall, unless the parties otherwise agree, be taken out before the registrar in the registry where the proceeding was commenced or to which it was transferred.
(4) In a case other than that referred to in subsection (3), the appointment shall, unless the parties otherwise agree, be taken out before the registrar located nearest to the place of business of the member whose bill is being reviewed.
(5) Where
(a) judgment for the amount of the bill has been given in an action;
(b) the notice of appointment was not filed within 12 months after the bill was delivered or sent, or
(c) in the case of a bill that has been paid, the notice of appointment was not filed within 3 months after it was paid;
the bill shall not be reviewed unless the Supreme Court finds that special circumstances justify a review of the bill and orders the bill to be reviewed by a registrar.
(6) Where, either before or after an appointment for a review under this section has been made, a member commences an action for recovery of the bill in respect of which the appointment has been made, the action shall not proceed until the certificate of the registrar has been given upon conclusion or withdrawal of the review.
(7) On a review of a bill under this section, the registrar may order further particulars or details of the services for which the bill was rendered.
(8) Where a member or person who
(a) has applied for a review of a bill under this section, or
(b) is entitled to attend on the review and who has received notice in accordance with this section;
fails to attend the review at the time and place appointed, the registrar may review the bill in the absence of the member or person.
(9) The procedure under the Rules of Court for the assessment of costs and the review of bills and agreements applies to the review of bills under this section.
(10) Where a dispute arises respecting a retainer, an obligation to pay the bill or any other matter, the registrar may refer the matter to the Supreme Court for directions.
(11) Unless the registrar, due to special circumstances, otherwise orders,
(a) a member whose bill is reviewed shall pay the costs of the review if 1/6 or more of the total amount of the bill is subtracted from it, and
(b) the person by whom payment is to be made shall pay the costs of the review if less than 1/6 of the total amount of the bill is subtracted from it.
(12) Where the person who applied for a review of a bill under this section discontinues or withdraws the review, that person shall, unless the registrar otherwise orders, pay the reasonable costs of the party to the review that were incurred by that party on the review up to the time of the discontinuance or withdrawal.
(13) On conclusion of a review under this section, the registrar may, on application by either party,
(a) make an order for the payment of the bill in instalments on the terms the registrar considers appropriate, or
(b) order that execution on the certificate be suspended for a period the registrar specifies.
(14) On conclusion of a review under this section, the registrar may
(a) give a certificate for the amount the registrar has allowed to the member for fees, charges and disbursements, and
(b) summarily determine the amount of the costs of the review and add it to the amount shown on the certificate.
(15) Where a registrar gives a certificate under subsection (14), the registrar shall add to the amount certified an amount of interest calculated
(a) on the amount the registrar has allowed to the member for fees, charges and disbursements, exclusive of the costs of the review;
(b) from the date the member rendered the bill for the fees, charges and disbursements to the date on which the certificate is given, and
(c) at the rate agreed to by the parties at the time the member was retained or, where there was no agreement, at the same rate the registrar would allow under the Court Order Interest Act on an order obtained by default.
Historical Note(s): 1989-30-25; 1993-31-26.
71.1 (1) At a review under section 71, 75 (2), 77 or 79, the registrar, subject to subsections (2) and (3) of this section,
(a) shall allow fees, expenses and disbursements for those services rendered that were reasonably necessary and proper to conduct the proceeding or business to which they relate;
(b) shall allow fees, expenses and disbursements for those services rendered that were authorized by the client or subsequently approved by the client, whether or not the services were reasonably necessary and proper to conduct the proceeding or business to which they relate, and
(c) may allow fees, expenses and disbursements in respect of those services rendered that were unnecessary
(i) if the services were rendered because, in the reasonable opinion of the member, they were calculated to advance the interests of the client at the time the services were rendered, or,
(ii) if the services were rendered at the request of the client after being informed by the member that they were unnecessary and not calculated to advance the interests of the client.
(2) At a review of a bill for fees, expenses and disbursements, the registrar shall consider all of the circumstances, including
(a) the complexity, difficulty or the novelty of the issues involved;
(b) the skill, specialized knowledge and responsibility required of the member;
(c) the member's character and standing in the profession;
(d) the amount involved;
(e) the time reasonably expended;
(f) where there has been an agreement between the member and the member's client that fixes a fee rate that is based on an amount per unit of time spent by the member, whether the rate was unreasonable, and
(g) the importance of the matter to the client whose bill is being assessed, and the result obtained.
(3) The discretion of the registrar under subsection (2) is not limited by the terms of an agreement between the member and the member's client.
Historical Note(s): 1989-30-26; 1989-72-16.
71.2 (1) Where a member has commenced an action for the recovery of charges in a bill, the court in which the action was commenced may, on application or on its own motion, order the bill to be referred to the registrar of the Supreme Court, and the court may direct that the registrar take action under subsection (2) (a) or (b).
(2) On a referral under subsection (1), the registrar may
(a) review the bill and issue a certificate, or
(b) make a report and recommendation to the court.
(3) On a review under subsection (2) (a), section 71 (13) to (15) applies.
Historical Note(s): 1989-30-26.
72. (1) A party to the review may, within
(a) 14 days from the date the certificate of the registrar was filed;
(b) the period the Supreme Court may allow, or
(c) the period the registrar specifies at the time of signing the certificate;
appeal to the Supreme Court, and the court may, on the appeal, make any order it thinks just.
(2) Where the terms of an order of the court require it, the registrar shall amend his certificate.
Historical Note(s): 1987-25-72; 1989-30-27.
73. Where a bill has been reviewed under sections 71 and 71.1, the certificate of the registrar may be filed in a registry of the Supreme Court and, on the expiry of the time specified or allowed under section 72, the certificate shall be deemed to be a judgment of the Supreme Court.
Historical Note(s): 1987-25-73; 1989-30-28.
74. Where no bill for services of a member has been delivered or sent, and the bill, if it had been delivered or sent, could have been the subject of an application for a review under section 71, the Supreme Court may order delivery of the bill to the person charged and may also order the delivery of all deeds or papers, to which the client is entitled, in the possession, custody or control of a member, his assignee or personal representative, on terms it considers proper.
Historical Note(s): 1987-25-74; 1989-30-29.
75. (1) A client or his agent may apply to the Supreme Court for an order that the client's solicitor or former solicitor deliver to the court, client or agent, a cash account, payment of money or securities or a list of any of them, that the solicitor has under his control on behalf of the client.
(2) Where an order under subsection (1) is made, the court may
(a) order the review of the solicitor's claim for costs and require the client to pay or secure the claim before delivery is made, and
(b) relieve the solicitor of any undertakings he has given or any other responsibilities he has in relation to the money or securities.
Historical Note(s): 1987-25-75; 1989-30-30.
76. Where, during the review of a bill of costs or the taking of an account between solicitor and client, it appears to the registrar that there is money due from the solicitor to the client, the registrar may make an interim certificate as to the amount payable by the solicitor, and, on the filing of the certificate, the court may order the money certified to be immediately paid to the client or brought into court.
Historical Note(s): 1987-25-76; 1989-30-31.
77. (1) Where a client changes solicitors or commences acting on his own behalf without a solicitor, the client or the new solicitor may apply to the Supreme Court for an order directing that the former solicitor deliver the client's records to a new solicitor nominated by the client or to the client himself, as the case may be.
(2) The court may, in an order under subsection (1), make the direction conditional on the client
(a) paying all amounts due to the former solicitor by the client, or
(b) giving security for the payment in an amount and manner satisfactory to the court;
and the court may order a review before the registrar.
Historical Note(s): 1987-25-77; 1989-30-32.
78. (1) Notwithstanding any law or usage to the contrary, a member of the society may contract, in writing, with a person as to the remuneration to be paid him for services rendered or to be rendered to the person.
(2) A member may enter into an agreement, to be known as a contingent fee agreement, that provides that a member's remuneration for services to be provided for or on behalf of a client be contingent, in whole or in part, on the successful disposition of the matter in respect of which the services are provided.
(3) The benchers may make rules respecting contingent fee agreements including rules
(a) establishing limits that apply to what a member may charge for services provided under contingent fee agreements, and
(b) respecting the form and content of contingent fee agreements.
(3.1) Unless approved by the court under subsection (3.3), where a contingent fee agreement exceeds the limits established by the rules under subsection (3), the contingent fee agreement is void and the member may charge the client the fees that he could have charged had there been no contingent fee agreement, but only if the contingency with respect to which the contingent fee agreement was subject, occurs.
(3.2) Where the benchers have, under subsection (3), made a rule establishing limits on a member's remuneration for services provided under a contingent fee agreement, a member may
(a) before entering into a contingent fee agreement with a client, and
(b) after serving the client with not less than 5 days' written notice;
apply to the Supreme Court for approval of remuneration in excess of that permitted under the rule.
(3.3) On an application under subsection (3.2), the court may, where the member and client agree on the member's remuneration, approve the application in accordance with that agreement if the court is satisfied that the proposed remuneration is reasonable.
(3.4) For the purpose of preserving the solicitor and client privilege,
(a) the hearing of the application under subsection (3.2) must be held in private;
(b) the style of cause must not disclose the identity of the solicitor or client, and
(c) if the solicitor or the client requests that the records relating to an application under subsection (3.2) be kept confidential;
(i) the records must be kept confidential, and,
(ii) no person other than the solicitor or client or a person authorized by either of them may search the records unless the court otherwise orders.
(3.41) Despite subsection (3.4), reasons for judgment relating to an application under subsection (3.2) may be published if the names of the solicitor and client are not disclosed and no information serving to identify the solicitor or client is disclosed.
(3.5) to (3.7) [Repealed 1993-31-27.]
(3.8) The rules under subsection (3) apply only to contingent fee agreements that are made after the rules come into force and where those rules are amended, the amendments apply only to contingent fee agreements that are made after the amendments come into force.
(4) A contingent fee agreement entered into on or after June 1, 1988 shall not include a provision which enables the member to receive and be paid both a fee based on a proportion of the amount recovered and an amount equal to any costs awarded to the client on a party and party or solicitor and client basis by order of a court.
(5) A contingent fee agreement entered into on or after June 1, 1988 by a member in respect of services that relate to a child custody or access matter is void.
(6) A contingent fee agreement entered into on or after June 1, 1988 by a member in respect of services that relate to a matrimonial dispute is void unless approved by a Judge of the Supreme Court.
(7) Where a contingent fee agreement has been entered into on or after June 1, 1988 and the member receives or is paid, through a settlement, an amount for costs in respect of the proceeding or anticipated proceeding in respect of which the contingent fee agreement was entered into, the costs shall not, for the purpose of determining the amount of fees to which the member is entitled under the agreement, form part of the recovery, but shall
(a) constitute part of the fees payable to the member, and
(b) be deducted from the amount that would otherwise be payable under the agreement.
(8) A person who has entered into an agreement on or after June 1, 1988 with a member for the payment of legal services, including a contingent fee agreement, may, within 90 days after the agreement was made or the retainer between the solicitor and client was terminated, by either party, apply to the registrar to have the agreement reviewed, notwithstanding that the person has made payment to the member under the agreement, and section 71 (3) applies.
(9) On an application under subsection (8) the registrar may, where he considers that the contract is unfair or unreasonable under the circumstances existing at the time the contract was entered into, modify or cancel the contract, and where he cancels the contract he
(a) may require the member to prepare a bill for taxation, and
(b) shall tax the costs, fees, charges and disbursements for the services provided as though there were no agreement.
(10) A person or member, as the case may be, may appeal a decision of the registrar on any matter under subsection (9) to the Supreme Court.
(11) A provision in an agreement referred to in subsection (1) or (2) that the member shall not be liable for negligence, or that he shall be relieved from responsibility to which he would otherwise be subject as a member, is void.
(12) Where remuneration has been received or retained by a member in excess of the amount permitted by this section or, in the case of a review by a registrar under subsection (8), in excess of the amount fixed, he shall refund the excess amount to the client on demand.
(13) The procedure under the Rules of Court for the assessment of costs and the review of bills and agreements applies to the review of an agreement, including a contingent fee agreement.
Historical Note(s): 1987-25-78; 1989-30-33; 1989-64-17; 1993-31-27.
79. (1) A member who, whether he has acted as counsel or not, is employed to prosecute or defend a proceeding in a court or tribunal has a charge against any property that is recovered or preserved as a result of the proceeding for the proper costs, charges and expenses of or in relation to the proceeding, including counsel fees.
(2) The court where the proceeding has been heard or is pending may make an order for the taxation and payment of the costs, charges and expenses out of the property as the court considers just.
(3) Where the proceeding is before a tribunal, the member may apply to the Supreme Court for an order under subsection (2).
(4) All acts done and conveyances made to defeat, or which operate or tend to defeat, the charge or right shall, unless made to a bona fide purchaser for value without notice, be deemed to be void against the charge or right, but no proceeding for the purpose of realizing or enforcing a charge or right arising under this section shall be taken until after application has been made to a court for directions for the realization.
Historical Note(s): 1987-25-79.
80. In this Part
"law corporation" means a corporation that holds a valid permit;
"permit" means a permit issued under section 82 (1) and includes a permit and a renewal of a permit issued to a law corporation or personal law corporation before the amendment of this Part by the Legal Profession Amendment Act, 1992.
Historical Note(s): 1992-74-21.
81. (1) A law corporation may carry on the business of providing legal services to the public through one or more persons each of whom is
(a) a member of the society, or
(b) subject to the provisions of this Act and the rules made under it, a person referred to in section 26 (1) (c), (2), (3) or (4) who is an employee of the law corporation.
(2) A partnership consisting of law corporations or of one or more members and one or more law corporations may carry on the business of providing legal services to the public through one or more persons, each of whom is a person described in subsection (1).
Historical Note(s): 1992-74-21.
82. (1) The secretary shall issue a permit to a corporation that is a company, as defined in the Company Act, and that is in good standing under that Act or that is registered under Part 10 of the Company Act, where the secretary is satisfied that
(a) the name of the corporation includes the words "law corporation";
(b) all of the voting shares are legally and beneficially owned by a member or members, or by one or more law corporations, or both;
(c) all of the non-voting shares are legally and beneficially owned by one or more persons, each of whom is
(i) a member,
(ii) a law corporation that is a voting shareholder,
(iii) any other person who is a relative of or resides with a member who is a shareholder or who is a shareholder in a law corporation which is a shareholder,
(iv) a corporation, all the shares of which are beneficially owned by one or more of the individuals referred to in either of subparagraph (i) or (iii), or
(v) a trust, where all the beneficiaries are one or more of the individuals referred to in either of subparagraph (i) or (iii),
(d) all of the directors of the corporation are members of the society, and
(e) all of the persons who will be practising law on behalf of the corporation are persons described in section 81 (1).
(2) The secretary may refuse to issue a permit under subsection (1) where
(a) the law corporation has previously had its permit revoked, or
(b) a shareholder of the law corporation was a shareholder of a law corporation or personal law corporation that previously had its permit revoked.
Historical Note(s): 1992-74-21.
83. (1) A corporation that has the words "law corporation" as part of its name shall not carry on any business unless it holds a valid permit.
(2) A law corporation that holds a permit shall not carry on any activities, other than the provision of legal services or services that are directly associated with the provision of legal services.
(3) Nothing in subsection (2) shall be interpreted to prohibit the law corporation from investing its funds in real estate, personal property, mortgages, stocks, bonds, insurance or any other types of investments.
(4) No act of a corporation, including a transfer of property to or by the corporation, is invalid by reason only that it contravenes subsections (1) to (3).
Historical Note(s): 1992-74-21.
84. No shareholder of a law corporation shall enter into a voting trust agreement, proxy or any other type of agreement vesting in another person who is not a member of the society or a law corporation the authority to exercise the voting rights attached to any or all of the shares.
Historical Note(s): 1992-74-21.
85. (1) The liability for professional negligence of any member carrying on the practice of law is not affected by the fact that the member is carrying on that practice as an employee and on behalf of a law corporation.
(2) The relationship of a member of the society, whether as a shareholder, director, officer or employee, to a law corporation does not affect, modify or diminish the application to the member of the provisions of this Act and the rules made under it.
(3) Nothing in this Part affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships between a barrister and solicitor and a person receiving the professional services of a barrister and solicitor.
(4) The relationship between a law corporation carrying on business as permitted under this Part and a person receiving legal services provided by the corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a member and his client.
(5) All rights and obligations pertaining to professional communications made to or information received by a member, or in respect of any advice given by a member, apply to a law corporation and its shareholders, directors, officers, employees and contractors.
(6) An undertaking given by or on behalf of a law corporation that, if given by a member, would constitute a solicitor's undertaking is deemed to be a solicitor's undertaking given by the member of the society who gives, signs or authorizes it.
Historical Note(s): 1987-25-85; 1992-74-22.
86. (1) A panel may, after a hearing in accordance with rules made under section 87, revoke the permit issued to a law corporation where
(a) in the course of providing legal services the corporation does anything that would, if done by a member, be professional misconduct or conduct unbecoming a member of the society;
(b) the corporation contravenes this Act or a rule made under it, or
(c) the corporation ceases to comply with a condition of qualification referred to in section 82 or a condition under section 87 (2) (c) or (3).
(2) A panel may, rather than revoking a permit under subsection (1), do one or more of the following:
(a) reprimand one or more of the shareholders of a law corporation;
(b) impose a fine on the law corporation in an amount not exceeding $20 000;
(c) impose conditions or limitations under which the law corporation may continue to provide legal services to the public.
(3) The secretary shall inform the Registrar of Companies of the revocation of any permit under this section.
(4) All shareholders, directors, officers and employees of and contractors to a law corporation may be
(a) compelled to give evidence at a proceeding under this Part or under Part 6, or
(b) required to produce all files and records that are in their possession or control that are relevant to matters raised in the proceeding.
Historical Note(s): 1992-74-23.
87. (1) The benchers may make rules that they consider necessary or advisable for the purposes of this Part.
(2) Without limiting subsection (1), the benchers may make rules
(a) respecting the issuance and renewal of permits, including
(i) the establishment of a procedure to obtain a permit and a renewal of a permit, and,
(ii) fixing fees for the obtaining of a permit or a renewal of a permit,
(b) respecting procedures for revocation of permits, including
(i) the adaptation, in a manner that the benchers consider necessary or advisable, of rules respecting practice and procedure in hearings before a panel, and,
(ii) rules to permit a panel to consider action under section 86 as part of a hearing under section 41 on a citation issued against a member or former member who is or was a shareholder, director, officer or employee of a law corporation,
(c) fixing conditions that may be attached to permits that are issued or renewed under this Part;
(d) respecting names and the approval of names including the types of names by which
(i) a law corporation,
(ii) a partnership consisting of one or more law corporations and one or more members of the society,
(iii) a partnership consisting of law corporations, or
(iv) a law corporation having shareholders that consist of one or more law corporations, one or more members of the society, or both,
may be known, and
(e) respecting the disposition of shares of a shareholder of a law corporation who
(i) ceases to be a member of the society, or,
(ii) remains a member of the society but is not qualified to practise law.
(3) The benchers may, as a condition of issuing or renewing a permit, fix an amount of insurance that the holder of the permit must carry, or must provide to each of its employees or contractors, for the purpose of providing indemnity against professional liability claims.
(4) The amount fixed under subsection (3) is in excess of any amount that must be carried by a member of the society under a requirement under section 24 (2) (l), and the amount that may be fixed under subsection (3) may be different for different permit holders, at the discretion of the benchers.
Historical Note(s): 1992-74-23.
88. When a law corporation has not paid the renewal fee fixed by the benchers under section 87 (2) (a) by the date it is due, the permit ceases to be valid and the corporation shall
(a) immediately surrender its permit to the society, and
(b) cease providing legal services to the public.
Historical Note(s): 1992-74-23.
89. (1) The benchers may, in respect of corporations holding permits under this Part, exercise their powers in section 24 (2), (h), (p), (q), (r) and (w) in relation to those corporations.
(2) Sections 31, 32, 39 (4) to (6), 39.1, 47, 48, 50, 52, 52.1, 52.2, 53, 55 (1), (1.1), (2.1) and (4) to (6), 56, 58 to 62 and 67 to 79 apply to law corporations.
(3) The rules under section 25 (2) (g), (h), (i) and (j) apply to law corporations.
Historical Note(s): 1992-74-23; 1993-31-28.
Part 12 — General and Enforcement
90. (1) A member, former member, articled student or applicant may be served with a notice or other document personally or by
(a) mailing it by registered mail to his last known address, or
(b) serving it in the manner directed by the Supreme Court.
(2) A document may be served on the society or on the benchers by
(a) leaving it at or mailing it by registered mail to the principal offices of the society, or
(b) personally serving it on an officer of the society.
(3) Where a notice or other document is served by registered mail, the notice or other document shall be deemed to have been served 7 days following the mailing of it.
Historical Note(s): 1987-25-90.
91. Subject to this Act, section 18 of the Interpretation Act applies to all meetings of the benchers and all of its committees.
Historical Note(s): 1987-25-91.
92. Where this Act provides for an audit either of a member or of the society, the auditor shall be a chartered accountant or a certified general accountant.
Historical Note(s): 1987-25-92.
93. (1) No action for damages lies against a bencher or a member or against an officer or employee of the society, or against any other person, for anything done or not done by him in good faith while acting or purporting to act on behalf of the society under this Act.
(2) The society shall indemnify any individual referred to in subsection (1) for any costs or expenses incurred by him in any legal proceedings taken against him for anything done or not done by him in good faith acting or purporting to act on behalf of the society under this Act.
Historical Note(s): 1987-25-93.
94. (1) In this section
"proceeding" does not include a proceeding under Part 6;
"report" includes all documents, minutes, Notes, correspondence and memorandums created or received by a person, committee, panel or agent of the society in the course of an investigation, audit, inquiry or hearing, but does not include original documents which belong to a complainant or respondent or to a person other than an employee or agent of the society.
(2) Where a person has made a complaint to the society respecting a member, former member or articled student, neither the society nor the complainant may be required to disclose or produce the complaint and the complaint is not admissible in any proceeding, except with the written consent of the complainant.
(3) Where a member, former member or articled student responds to the society in respect of a complaint or investigation, neither the member, former member or articled student nor the society may be required to disclose or produce the response or any copy or summary of it and the response or any copy or summary of it is not admissible in any proceeding, except with the written consent of the member, former member or articled student, notwithstanding that the secretary may have delivered a copy or a summary of the response to the complainant.
(4) Where a person, committee or panel acting under the authority of this Act, makes a report or conducts an investigation, audit, inquiry or hearing into the conduct, competence or credentials of a member or former member or articled student, that report shall not be required to be produced and is not admissible in any proceeding except with the written consent of the secretary.
(5) Neither the society, its employees or agents, or persons who are members of committees or panels established or authorized under this Act shall be compelled to testify in any proceeding or to disclose information to which they may have become privy during the course of an investigation, audit, inquiry or hearing.
(6) A person who, during the course of an investigation under this Act, acquires information or records that are confidential or subject to solicitor and client privilege, shall not disclose that information or those records to any person except for a purpose contemplated by this Act or the rules made under it.
Historical Note(s): 1992-74-24.
95. (1) A member who has held money in his trust account on behalf of a person whom the member has been unable to locate for 2 years, may pay the money to the society.
(2) On paying money to the society under subsection (1), the liability of the member to pay that money to the person on whose behalf he previously held it or to that person's legal representative, is extinguished.
(3) The society shall hold any money paid to it under subsection (1) in trust.
(4) A person or his legal representative who, but for subsections (1) and (2), could have claimed money held by a member, may claim the money from the society, and on being satisfied that he is entitled to it, the society shall pay the money to him together with interest on it at a rate that the benchers consider reflects market rates during the time the money was held by the society.
(5) The society is entitled to retain, for its purposes, interest on any money held by it under subsection (3).
(6) No claim against the society under subsection (4) is enforceable 10 years after the money was received by the society under subsection (1), and, after the 10 year period, the society shall pay the money excluding any interest retained under subsection (5), to the Law Foundation for its purposes.
(7) A person whose claim against the society under subsection (4) has been refused, may apply to the Supreme Court for a review of the decision of the society, and the court may allow the claim plus interest in an amount determined by it.
(8) The benchers may make rules respecting
(a) the creation and maintenance of a fund consisting of money paid to the society under subsection (1), and
(b) procedures for investigation and adjudication of claims made under subsection (4).
(9) The Unclaimed Money Act does not apply to unclaimed trust funds under this section.
Historical Note(s): 1987-25-95; 1993-31-29.
96. A person who
(a) contravenes section 26 (1), or
(b) utilizes or discloses information contrary to section 57 (3) or 94 (6)
commits an offence.
Historical Note(s): 1987-25-96; 1992-74-25.
97. Where an offence under this Act is committed by a corporation, every director, manager, secretary or other officer of that corporation who has assented to the commission of the offence is a party to the offence.
Historical Note(s): 1987-25-97.
98. Any information alleging an offence against this Act may be laid in the name of the society on oath of the secretary or of a person authorized by the benchers.
Historical Note(s): 1987-25-98.
99. Section 5 of the Offence Act does not apply to this Act or to the rules made under it.
Historical Note(s): 1987-25-99.
100. (1) The Supreme Court may, on the application of the society and on being satisfied that there is reason to believe that there is or will be a contravention of this Act or a rule made under it, grant an injunction restraining a person from committing it, and, pending disposition of the action seeking the injunction, the court may grant an interim injunction.
(2) Subject to the Court Agent Act, a person who, not being a member of the society or a party to the proceeding, commences, prosecutes or defends a court proceeding in his own name or in the name of another person may, on the application of the society or of any person interested in the proceeding, be found in contempt by the court in which the proceeding is brought, and may be punished accordingly.
Historical Note(s): 1987-25-100.
101-112. [Repeal and consequential amendments. Spent. 1987-25-101 to 112, effective June 1, 1988 (B.C. Reg. 172/88).]
113. This Act comes into force by regulation of the Lieutenant Governor in Council.
Historical Note(s): 1987-25-113.
[Editorial Note(s): Act, except section 28 (1) (a) and (2) (a), effective June 1, 1988 (B.C. Reg. 172/88). Section 28 (1) (a) and (2) (a) repealed, 1993-31-11, effective November 1, 1993 (B.C. Reg. 325/93).]
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