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Statutes of Newfoundland and Labrador 2004


Statutes of Newfoundland and Labrador 2004 Chapter 48

CHAPTER 48

AN ACT TO AMEND THE LAW SOCIETY ACT, 1999

(Assented to December 16, 2004)

Analysis

1. S.2 Amdt.
Definitions

2. S.7 Amdt.
Composition of benchers

3. S.9 Amdt.
Annual election

4. S.17 Amdt.
Convocations

5. S.18 Amdt.
Powers of benchers

6. S.20 Amdt.
President and vice-president

7. S.21 R&S
Duty of president

8. S.22 R&S
Duty of vice-president

9. S.24 Amdt.
Annual general meeting

10. S.25 Amdt.
Special general meeting

11. S.28 R&S
Roll and register

12. S.29 Amdt.
Enrolment and approval

13. S.32 Amdt.
Non-practising members

14. S.34 Amdt.
Enrolment as solicitor

15. Ss.36 & 37 Rep.
36. Admission as students
37. Enrolment

16. S.40 Amdt.
Inter-jurisdictional law firms

17. S.41 Amdt.
Definitions

18. S.43 Amdt.
Allegation

19. S.44 R&S
Effect of filing allegation

20. S.45 Amdt.
Complaints authorization committee

21. S.46 Amdt.
Discipline committee

22. S.49 Amdt.
Filing of decisions

23. S.53 Amdt.
Appeal to the benchers

24. S.60 Amdt.
Notice to public

25. S.64 R&S
Foundation established

26. S.66 Amdt.
Vacating office

27. S.70.1 Added
Unclaimed trust funds

28. S.72 Amdt.
Protection

29. S.73 Amdt.
Communications

30. S.75 Amdt.
Fees, levies, assessments, etc.

31. S.79 Amdt.
Offences

32. S.81 Amdt.
Notice of standing

33. S.81.1 Added
Consultation

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


SNL1999 cL-9.1
as amended

1. Subsection 2(1) of the Law Society Act, 1999 is amended

(a) by adding immediately after paragraph (a) the following:

(a.1) "executive director" means the executive director of the society;

(b) by deleting paragraph (h); and

(c) by repealing paragraph (i) and substituting the following:

(i) "society" means the Law Society of Newfoundland and Labrador;

 

2. Subsection 7(3) of the Act is amended by adding immediately after the word "treasurers" the words "or presidents".

 

3. (1) Subsection 9(3) of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

(2) Subsection 9(4) of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

(3) Subsection 9(5) of the Act is amended by deleting the word "secretary" wherever it occurs and substituting the word "vice-president" and by deleting the word "treasurer" and substituting the word "president".

 

4. Subsection 17(3) of the Act is repealed and the following substituted:

(3) Special meetings of the benchers may be called

(a) by the president;

(b) by the vice-president in the absence or inability of the president to call a meeting; or

(c) by 2 elective benchers in the absence, inability or refusal of the president or vice-president to call a meeting.

(4) Notwithstanding subsection (2), 4 elective benchers and one appointed bencher constitute a quorum of the benchers for an appeal under section 53.

(5) Notwithstanding subsection (2), 5 elective benchers constitute a quorum of the benchers for a convocation for the purpose of a Call to the Bar.

 

5. (1) Subsection 18(2) of the Act is amended by adding immediately after paragraph (i) the following:

(i.1) make rules governing the admission of a student and the enrolment of a person as a member of the society;

(2) Subsection 18(2) of the Act is amended by adding immediately after paragraph (o) the following:

(o.1) make rules regarding the disposition of unclaimed trust funds;

 

6. (1) Subsection 20(1) of the Act is repealed and the following substituted:

President and vice-president

20. (1) The benchers shall, from among the elective benchers, appoint 2 officers of the society, namely

(a) the president, who shall be the chief executive officer of the society and its presiding officer; and

(b) the vice-president.

(2) Subsections 20(2) to 20(5) of the Act are amended by deleting the word "treasurer" wherever it occurs and substituting the word "president" and by deleting the word "secretary" wherever it occurs and substituting the word "vice-president".

 

7. Section 21 of the Act is repealed and the following substituted:

Duty of president

21. The president has general supervision of the affairs of the society and shall perform other duties that may be assigned to him or her by the benchers and this Act.

 

8. Section 22 of the Act is repealed and the following substituted:

Duty of vice-president

22. (1) The vice-president shall keep the records of the society and shall perform other duties that may be assigned to him or her by the benchers and this Act.

(2) The benchers may delegate the duties of the vice-president to a bencher or employee of the society whenever they consider it necessary or desirable to do so.

 

9. (1) Subsection 24(2) of the Act is amended by deleting the word "treasurer" and substituting the word "president".

(2) Subsection 24(3) of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

 

10. Section 25 of the Act is amended by deleting the word "secretary" wherever it occurs and substituting the word "vice-president" and by deleting the word "treasurer" and substituting the word "president".

 

11. Section 28 of the Act is repealed and the following substituted:

Roll and register

28. (1) The vice-president shall keep a record, in books or other form, to be called the roll of the society, in the manner that the rules may prescribe.

(2) The vice-president shall keep a record, in books or other form, respecting persons admitted to the society as students, that shall be known as the Register of Students.

(3) The roll and register shall be held in the society's office and shall be open to inspection when the office is open.

 

12. (1) Subsection 29(2) of the Act is amended

(a) by deleting the reference "section 37" and substituting the words "the Law Society Rules"; and

(b) by deleting the word "secretary" wherever it occurs and substituting the word "vice-president".

(2) Subsection 29(3) of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

(3) Paragraph 29(4)(b) of the Act is amended by adding immediately after the word "penalty" the words "established in Part II".

(4) Subsection 29(6) of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

 

13. Subsection 32(2) of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

 

14. Subsection 34(2) of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

 

15. Sections 36 and 37 of the Act are repealed.

 

16. (1) Subsection 40(2) of the Act is amended by deleting the word "jurisdiction" and substituting the word "jurisdictions".

(2) Subsection 40(6) of the Act is amended by adding immediately before the words "the discipline committee" the words "an adjudication panel of".

 

17. (1) Paragraph 41(b) of the Act is amended by deleting the word "and" at the end of the paragraph.

(2) Subparagraph 41(c)(iv) of the Act is amended by deleting the words "Code of Ethics" and substituting the words "Code of Professional Conduct".

 

18. Section 43 of the Act is amended by deleting the word "secretary" wherever it occurs and substituting the word "vice-president".

 

19. Section 44 of the Act is repealed and the following substituted:

Effect of filing allegation

44. (1) Where it appears to the vice-president that the allegation may be resolved satisfactorily without investigation and in the opinion of the vice-president there is no other reason appropriate to investigate the allegation, and where the complainant and the respondent consent, the vice-president may refer the allegation to alternate dispute resolution in accordance with the rules.

(2) The mediator or arbitrator appointed for the purpose of alternate dispute resolution shall provide written confirmation of the resolution of the allegation to the vice-president.

(3) Where an allegation is not satisfactorily resolved by alternate dispute resolution, or in the opinion of the vice-president it is for another reason appropriate to investigate the allegation, the vice-president shall conduct the investigation that in his or her opinion the allegation requires and the matter shall be submitted to the complaints authorization committee at its next meeting or at a special meeting that the complaints authorization committee may call to consider the allegation.

 

20. (1) Paragraph 45 (1)(b) of the Act is repealed and the following substituted:

(b) refer the allegation back to the vice-president for further investigation or alternate dispute resolution;

(2) Paragraph 45(2)(b) of the Act is repealed and the following substituted:

(b) instruct the vice-president to file the complaint against the respondent and refer it to the discipline committee; and

 

21. Subsection 46(1) of the Act is amended by adding immediately after the words "complaints referred" the words "and applications made".

 

22. Section 49 of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

 

23. Subsection 53(1) of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

 

24. Section 60 of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

 

25. Section 64 of the Act is repealed and the following substituted:

Foundation established

64. The "Law Foundation of Newfoundland and Labrador", called the "foundation", is continued as a corporation.

 

26. Subsection 66(1) of the Act is repealed and the following substituted:

Vacating office

66. (1) A governor shall vacate office when he or she

(a) has completed his or her term;

(b) ceases holding the qualifications necessary for the appointment;

(c) becomes bankrupt;

(d) is convicted of a criminal offence;

(e) is unable to act; or

(f) has joined the executive committee of the benchers.

 

27. The Act is amended by adding immediately after section 70 the following:

Unclaimed trust funds

70.1 (1) A member who has held money in trust on behalf of a person whom the member has been unable to locate for 2 years or more, shall pay the money to the society.

(2) Where a member has paid money to the society under subsection (1), the liability of the member to pay that money to the person on whose behalf the member previously held it or to that person's legal representative, is extinguished.

(3) The society shall hold in trust any money paid to it under subsection (1).

(4) The society is entitled to retain, for its purposes, interest on any money held by it under subsection (3).

(5) A person or the legal representative of a person who, but for subsections (1) and (2), could have claimed money held in trust by a member, may claim the money from the society and, on being satisfied that the person is entitled to it, the society shall pay the money to the person.

(6) A claim against the society under subsection (5) is not enforceable after the expiration of 10 years after the money is received by the society under subsection (1) and, after expiration of the 10 year period, the society shall pay the money, excluding any interest retained under subsection (4) to the foundation for its purposes.

(7) The society shall, for the purpose of public notice, publish in Part I of the Gazette the available identifying information regarding the unclaimed trust funds at the end of the 9th year after the money is received by the society before taking the action referred to in subsection (6).

(8) Where a claim is made under subsection (5) and the society is not satisfied that the person is entitled to the money, that person or the legal representative of that person may apply to the Trial Division for a review of the decision of the society and the court may, where it is satisfied that the person is entitled to the money, allow the claim.

 

28. Section 72 of the Act is amended by deleting the word "treasurer" and by substituting the word "president" and by deleting the word "secretary" and substituting the word "vice-president".

 

29. Section 73 of the Act amended by deleting the word "treasurer" and substituting the word "president" and by deleting the word "secretary" and substituting the word "vice-president".

 

30. Subsection 75(1) of the Act is amended by deleting the word "secretary" and substituting the word "vice-president".

 

31. Subsection 79(4) of the Act is amended by deleting the word "proceedings" wherever it occurs, and substituting the word "proceeding".

 

32. Subsection 81(2) of the Act is amended by deleting the word "secretary" wherever it occurs and substituting the words "executive director".

 

33. The Act is amended by adding immediately after section 81 the following :

Consultation

81.1 The society shall, on an annual basis, consult with the department of the government of the province responsible for ensuring compliance with the labour mobility provisions of the Agreement on Internal Trade to ensure the society's compliance with those provisions.

 

 

 

 

 

 

 

 

 

 

 

 

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