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St. John's, Newfoundland and Labrador, Canada

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Statutes of Newfoundland and Labrador 2008


CHAPTER 17

AN ACT TO AMEND THE LAW SOCIETY
ACT, 1999

(Assented to June 4, 2008)

Analysis


††††††† 1.†† S.8 Amdt.
Appointing lay benchers

††††††† 2.†† S.17 Amdt.
Convocations

††††††† 3.†† S.18 Amdt.
Powers of benchers

††††††† 4.†† S.18.1 Added
Annual report

††††††† 5.†† S.20 Amdt.
President and vice-president

††††††† 6.†† S.23 Amdt.
Executive committee

††††††† 7.†† S.35 R&S
Education committee

††††††† 8.†† S.38 Amdt.
Appeal

††††††† 9.†† S.40 Amdt.
Interjurisdictional law firms

††††† 10. Part II R&S

††††††††††††††††††††† PART II
††††††† DISCIPLINE
††††††† PROCEEDINGS

††††††††††††† 41. Definitions
42. Committees
43. Allegation
44. Effect of filing
††††††† allegation
45. Complaints
††††††† authorization
††††††† committee
46. Adjudication tribunal
47. Hearing
48. Copies of books, etc.
††††††† as evidence
49. Guilty plea by
††††††† respondent
50. Powers of adjudication
††††††† tribunal
51. Filing and publication
††††††† of decisions
52. Disbarment and
††††††† suspension
53. Failure to comply
54. Reinstatement and
††††††† readmission
55. Costs of the society
55.1 ††††††††††††††††††††† Collection of fine
55.2 ††††††††††††††††††††† Appeal
55.3 ††††††††††††††††††††† Application of Part to
††††††† professional law
††††††† corporations

††††† 11.†† S.74 Amdt.
Recovery of fees

††††† 12.†† S.82 Rep.
Transition



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

SNL1999 cL-9.1
as amended

††††††† 1. Section 8 of the Law Society Act, 1999 is amended by adding immediately after subsection (2) the following:

††††††††† (2.1)Notwithstanding subsection (2), where the term of office of a person appointed as a bencher under this section expires, the person continues to be a bencher until he or she is reappointed or his or her successor is appointed.

 

††††††† 2. Subsection 17(4) of the Act is repealed.

 

††††††† 3. (1) Section 18 of the Act is amended by adding immediately after subsection (1) the following:

††††††††† (1.1)The benchers have the authority to regulate the practice of law and the legal profession in the public interest.

††††††††† (1.2)The benchers may delegate duties to an employee whenever they consider it necessary or desirable to do so.

†††††††††††† (2)Paragraph 18(2)(c) of the Act is repealed and the following substituted:

†††††††††††† (c)regulate and conduct convocations, proceedings and meetings of the benchers, a committee of benchers and the society, and provide for practice and procedure before an adjudication tribunal, the benchers, panels and committees;

 

††††††† 4. The Act is amended by adding immediately after section 18 the following:

Annual report

†† 18.1 (1) The society shall prepare and submit to the minister not later than 6 months after the end of its financial year

†††††††††††† (a)a report on the activities of the society in the previous year; and

†††††††††††† (b)the societyís audited financial statements for the previous financial year.

†††††††††††† (2)The minister shall table a copy of the annual report and the audited financial statement in the House of Assembly within 15 days of receiving it if the house is sitting and if the house is not sitting within 15 days after it next begins to sit.

†††††††††††† (3)Where the society fails to comply with subsection (1), the society is guilty of an offence and on summary conviction may be fined $1,000.

 

††††††† 5. Section 20 of the Act is amended by adding immediately after subsection (2) the following:

††††††††† (2.1)Where the choice of benchers for appointment as president for the coming year is a bencher who is in his or her eighth consecutive year of office, he or she may, notwithstanding section 13, continue to hold office as a bencher until the expiry of his or her term as president.

 

††††††† 6. Subsections 23(4), (5) and (6) of the Act are repealed.

 

††††††† 7. Section 35 of the Act is repealed and the following substituted:

Education committee

††††† 35. (1) The evaluation of all matters relating to the academic qualifications, character and fitness to practice of an applicant, and the evaluation of applications for enrolment as a member or for admission as a student, is under the control of an education committee which the benchers shall establish and maintain.

†††††††††††† (2)The education committee shall consider all matters relating to academic qualifications, character and fitness to practice of an applicant for enrolment as a member or for admission as a student and shall prescribe the contents of bar admission examinations and other special examinations or educational requirements.

†††††††††††† (3)The education committee may enter into arrangements with another organization in Canada under which that organization in consultation with the society may prescribe the contents of and conduct bar admission examinations under the general supervision of the education committee.

†††††††††††† (4)A person who is required to take a bar admission examination by the education committee shall also take a bar admission course.

††††††††† (5)Notwithstanding anything in this Part, the education committee, where they consider that special circumstances so warrant with respect to a person, may exempt the person from taking a bar admission course or examination or both.

†††††††††††† (6)The education committee or a person appointed by the committee may summon a person and require him or her to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that the committee considers necessary for the full investigation and hearing of a matter before it and it shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

 

††††††† 8. Section 38 of the Act is amended by adding immediately after subsection (2) the following:

†††††††††††† (3)A person affected by a decision of the benchers under this section may, within 30 days of receipt of the decision, appeal it to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

 

††††††† 9. Subsection 40(6) of the Act is amended by striking out the words "adjudication panel" and substituting the words "adjudication tribunal".

 

††††† 10. Part II of the Act is repealed and the following substituted:

PART II
DISCIPLINE PROCEEDINGS

Definitions

††††† 41. In this Part

†††††††††††† (a)"allegation" means a written document alleging that a person has engaged in conduct deserving of sanction;

†††††††††††† (b)"complainant" means a person making an allegation and includes a person making a report under subsection 43(3);

†††††††††††† (c)"conduct deserving of sanction" includes

††††††††††††††††††††† (i)professional misconduct,

†††††††††††††††††††† (ii)failure to maintain the standards of practice,

††††††††††††††††††† (iii)conduct unbecoming a member of the society, and

††††††††††††††††††† (iv)acting in breach of this Act or the rules including rules of professional ethics or conduct made under paragraph 18(p);

†††††††††††† (d)"costs incurred by the societyĒ includes

††††††††††††††††††††† (i)out of pocket expenses incurred by or on behalf of the society,

†††††††††††††††††††† (ii)amounts paid by the society to adjudication tribunal members as remuneration and for expenses, and

††††††††††††††††††† (iii)the actual cost of legal counsel for the society and the adjudication tribunal;

†††††††††††† (e)"disciplinary panel" means the panel of persons appointed under section 42 from which the members of an adjudication tribunal are chosen; and

††††††††††††† (f)"respondent" means a member, former member, law firm, former law firm, student, former student or a person referred to in subsection 39(1) or (2) whose conduct is being inquired into under this Part.

Committees

††††† 42. (1) The benchers shall appoint at least 3 of their members, at least one of whom is an appointed bencher, to constitute a complaints authorization committee.

†††††††††††† (2)The benchers shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1).

†††††††††††† (3)The president and vice-president are not eligible to be members of the complaints authorization committee.

†††††††††††† (4)The benchers shall appoint at least 20 members who are not elective benchers, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 10 persons, who are not benchers or members, to represent the public interest, who shall together constitute a disciplinary panel.

†††††††††††† (5)Persons appointed to the disciplinary panel shall be appointed for a term of 3 years.

†††††††††††† (6)Notwithstanding the expiry of his or her term, a member of the disciplinary panel continues to be a member until he or she is re-appointed or his or her replacement is appointed.

†††††††††††† (7)Persons appointed to the disciplinary panel may be reappointed.

†††††††††††† (8)Members of the disciplinary panel shall serve on the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal appointed under section 46 and paid their travel and other expenses associated with the work of that tribunal by the society, in accordance with and at the rates set by the rules.

†††††††††††† (9)The complaints authorization committee, an adjudication tribunal appointed under section 46 and a person appointed by either of them may summon a respondent or other person and require the respondent or other person to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary for the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

Allegation

††††† 43. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the vice-president.

†††††††††††† (2)The vice-president may on his or her own motion make an allegation and file it, and the allegation shall have the same effect as an allegation referred to in subsection (1).

†††††††††††† (3)A report to the society in respect of a respondent under subsection 66(2) of the Legal Aid Act shall be dealt with by the vice-president as an allegation, irrespective of disciplinary action taken against that person by the Newfoundland and Labrador Legal Aid Commission under that Act.

†††††††††††† (4)Where the society has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended or disbarred by a governing body of the legal profession in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming the legal profession, failure to maintain the standards of practice or failing to adhere to a code of legal ethics established or adopted by the governing body of the legal profession, the information shall be dealt with by the vice-president as an allegation.

†††††††††††† (5)For the purpose of subsection (4), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

Effect of filing allegation

††††† 44. (1) Where it appears to the vice-president after notifying the respondent of an allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the vice-president may attempt to resolve the matter or may refer the allegation to alternate dispute resolution in accordance with the rules.

†††††††††††† (2)Where the allegation is not satisfactorily resolved by the vice-president or through alternate dispute resolution under subsection (1), the vice-president shall refer the allegation and all other allegations to the complaints authorization committee.

†††††††††††† (3)The vice-president shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee.

Complaints authorization committee

††††† 45. (1) Where an allegation has been submitted to the complaints authorization committee, the committee may exercise one or more of the following powers:

†††††††††††† (a)refer the allegation back to the vice-president for an investigation or alternative dispute resolution in accordance with the rules;

†††††††††††† (b)conduct an investigation itself or appoint a person to conduct an investigation on its behalf;

†††††††††††† (c)conduct a practice review into the memberís practice or the conduct of a professional law corporation of which the member is a voting shareholder; and

†††††††††††† (d)require the respondent to appear before it.

†††††††††††† (2)Where the complaints authorization committee is of the opinion that there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant and the respondent.

†††††††††††† (3)Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation shall be considered as constituting a complaint, and the committee may

†††††††††††† (a)counsel or caution the respondent;

†††††††††††† (b)instruct the vice-president to file the complaint against the respondent and refer it to the disciplinary panel;

†††††††††††† (c)make an application under Part III for the appointment of a custodian of the memberís practice or of a professional law corporation of which the member is a voting shareholder; and

†††††††††††† (d)suspend or restrict the respondentís licence.

†††††††††††† (4)A person conducting an investigation under paragraph (1)(a), (b) or (3)(c) may require

†††††††††††† (a)the respondent to

††††††††††††††††††††† (i)undergo an examination or assessment he or she considers necessary and as arranged by the vice-president, and

†††††††††††††††††††† (ii)permit the vice-president or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and

†††††††††††† (b)a person other than the respondent to permit the vice-president or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy records and other documents relating to the subject matter of the investigation held by that person,

and the respondent or other person shall comply.

†††††††††††† (5)An action for damages does not lie against a member or another person to whom a request is made solely because he or she provides information requested of him or her under subsection (4).

†††††††††††† (6)Where the vice-president, a member of the complaints authorization committee or a person appointed by the complaints authorization committee requires that a respondent or another person provide information under subsection (4), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request.

†††††††††††† (7)A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

†††††††††††† (8)Subsections (4), (5) and (6) apply to the Crown.

Adjudication tribunal

††††† 46. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom 2 shall be members and one shall be a member of the panel appointed by the minister under subsection 42(4).

†††††††††††† (2)The chairperson of the disciplinary panel shall appoint one of the members on an adjudication tribunal to be the chairperson.

Hearing

††††† 47. (1) Where a complaint has been referred under paragraph 45(3)(b), an adjudication tribunal shall hear the complaint.

†††††††††††† (2)The parties to a hearing are the society and the respondent and a party may be represented by his or her counsel at a hearing.

†††††††††††† (3)A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it determines that the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweigh the desirability of holding the hearing in public.

Copies of books, etc. as evidence

††††† 48. A copy or extract of a book, record, document or thing certified by

†††††††††††† (a)a member of the complaints authorization committee; or

†††††††††††† (b)a person authorized under subsection 45(4) to conduct an inspection,

who made the copy or extract under subsection 45(4) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

Guilty plea by respondent

††††† 49. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties.

†††††††††††† (2)Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may

†††††††††††† (a)reprimand the respondent;

†††††††††††† (b)order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

†††††††††††† (c)allow or direct the respondent to resign from the society upon those conditions that may be considered appropriate;

†††††††††††† (d)order that the respondent be disbarred;

†††††††††††† (e)strike the respondentís name from the roll of students;

††††††††††††† (f)refuse the respondentís admission to usual examinations or refuse to grant a certificate of fitness, either absolutely or for the period of time that it considers appropriate;

†††††††††††† (g)order that the respondentís right to practice law under rules made under subsection 39(1) be suspended for a fixed period, or revoked;

†††††††††††† (h)order that the permission granted under subsection 39(2) be suspended for a fixed period, or revoked;

††††††††††††† (i)order that permission for members to practise with a respondent that is an interjurisdictional law firm be revoked, or suspended for a fixed period;

††††††††††††† (j)order the respondent to pay to the society for the assurance fund the amount that the adjudication panel may fix;

†††††††††††† (k)impose a fine, not to exceed $10,000, to be paid to the society;

††††††††††††† (l)order that the respondent pay the costs or a part of the costs incurred by the society in the investigation and hearing of the complaint;

††††††††††† (m)order that the society publish a summary of the decision including the information set out in subsection 51(4) and other information that the tribunal may specify;

†††††††††††† (n)order that the respondent comply with one or more of the following:

††††††††††††††††††††† (i)make restitution to the complainant or other person affected by the conduct of the respondent,

†††††††††††††††††††† (ii)obtain medical treatment,

††††††††††††††††††† (iii)obtain counselling,

††††††††††††††††††† (iv)obtain substance abuse counselling or treatment, until the respondent can demonstrate to the adjudication tribunal or other body or person designated by the adjudication tribunal that the respondent is fit to resume practice,

†††††††††††††††††††† (v)engage in continuing education programs,

††††††††††††††††††† (vi)report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

†††††††††††††††††† (vii)restrict his or her professional practice or continue his or her practice under specified conditions,

††††††††††††††††† (viii)permit periodic inspection of his or her practice,

††††††††††††††††††† (ix)permit periodic inspection of records relating to his or her practice,

†††††††††††††††††††† (x)maintain a specific type of trust account or a trust account for limited purposes, or

††††††††††††††††††† (xi)accept specific co-signing controls on trust accounts; and

†††††††††††† (o)impose other requirements that are just and reasonable in the circumstances.

†††††††††††† (3)The costs incurred by the society to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Powers of adjudication tribunal

††††† 50. (1) Where an adjudication tribunal holds a hearing into a complaint, it shall decide whether or not a respondent is guilty of conduct deserving of sanction.

†††††††††††† (2)Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable,

†††††††††††† (a)order that those costs that the tribunal considers appropriate be paid by the society to the respondent; and

†††††††††††† (b)make another order that it considers appropriate.

†††††††††††† (3)Where an adjudication tribunal decides that a respondent is guilty, it may

†††††††††††† (a)reprimand the respondent;

†††††††††††† (b)order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

†††††††††††† (c)allow or direct the respondent to resign from the society upon those conditions that may be considered appropriate;

†††††††††††† (d)order that the respondent be disbarred;

†††††††††††† (e)strike the respondentís name from the roll of students;

††††††††††††† (f)refuse the respondentís admission to usual examinations or refuse to grant a certificate of fitness, either absolutely or for the period of time that it considers appropriate;

†††††††††††† (g)order that the respondentís right to practice law under rules made under subsection 39(1) be suspended for a fixed period, or revoked;

†††††††††††† (h)order that the permission granted under subsection 39(2) be suspended for a fixed period, or revoked;

††††††††††††† (i)order that permission for members to practise with a respondent that is an interjurisdictional law firm be revoked, or suspended for a fixed period;

††††††††††††† (j)order the respondent to pay to the society for the assurance fund the amount that the adjudication panel may fix;

†††††††††††† (k)impose a fine, not to exceed $10,000, to be paid to the society;

††††††††††††† (l)order that the respondent pay the costs or a part of the costs incurred by the society in the investigation or hearing of the complaint;

††††††††††† (m)order that the society publish a summary of the decision including the information set out in subsection 51(4) and other information that the tribunal may specify;

†††††††††††† (n)order that the respondent comply with one or more of the following:

††††††††††††††††††††† (i)make restitution to the complainant or other person affected by the conduct of the respondent,

†††††††††††††††††††† (ii)obtain medical treatment,

††††††††††††††††††† (iii)obtain counselling,

††††††††††††††††††† (iv)obtain substance abuse counselling or treatment, until the respondent can demonstrate to the adjudication tribunal or other body or person designated by the adjudication tribunal that the respondent is fit to resume practice,

†††††††††††††††††††† (v)engage in continuing education programs,

††††††††††††††††††† (vi)report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

†††††††††††††††††† (vii)restrict his or her professional practice or continue his or her practice under specified conditions,

††††††††††††††††† (viii)permit periodic inspection of his or her practice,

††††††††††††††††††† (ix)permit periodic inspection of records relating to his or her practice,

†††††††††††††††††††† (x)maintain a specific type of trust account or a trust account for limited purposes, or

††††††††††††††††††† (xi)accept specific co-signing controls on trust accounts; and

†††††††††††† (o)impose other requirements that are just and reasonable in the circumstances.

†††††††††††† (4)The costs incurred by the society to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Filing and publication of decisions

††††† 51. (1) An adjudication tribunal shall file a decision or order made under subsection 49(2), 50(2) or 50(3) with the society and provide a copy to the complainant, the respondent and the respondent's partners and employers, as designated in the rules, and the minister.

†††††††††††† (2)The society shall maintain a copy of a decision or order filed under subsection (1) for a period of 5 years, or the longer period the society may set, after the day the decision is filed and shall upon receiving a request to view the disciplinary records in relation to a member permit a person to view those records.

†††††††††††† (3)The society shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the expiry of the appeal period under section 55.2, unless a court orders otherwise, where the decision or order

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her licence;

†††††††††††† (c)restricts the respondentís practice;

†††††††††††† (d)disbars the respondent;

†††††††††††† (e)specifies conditions for the continuing practice of the respondent; or

††††††††††††† (f)requires that a summary of the decision or order be published.

†††††††††††† (4)The summary of the decision published under subsection (3) shall include

†††††††††††† (a)the name of the respondent and the address where he or she practises;

†††††††††††† (b)the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction;

†††††††††††† (c)the name of the complainant, where the complainant has requested that his or her name be published;

†††††††††††† (d)the contents of the order in relation to the actions referenced in paragraphs (3)(a) to (e); and

†††††††††††† (e)other information specified for publication in the decision or order.

†††††††††††† (5)Where a decision published under this section is varied or set aside, the society shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) and (4) apply, with the necessary changes.

†††††††††††† (6)The society may give notice of the decision and information respecting the decision to the other persons the benchers may direct and shall, in a certificate of good standing issued in relation to the respondent, include a summary of the decision.

Disbarment and suspension

††††† 52. (1) Where a member is disbarred or allowed to resign from the society or a student is struck off the roll, his or her rights and privileges as a member or student cease.

†††††††††††† (2)Where a member or student is suspended, his or her rights and privileges as a member or student cease for the period of suspension.

†††††††††††† (3)Where conditions or restrictions have been imposed upon a respondentís ability to carry on the practice of law, his, her or its rights and privileges as a member, student, interjurisdictional law firm or otherwise shall be limited to the extent specified by the conditions or restrictions.

Failure to comply

††††† 53. (1) On application by the society to the discipline panel, an adjudication tribunal may make an order suspending the rights and privileges of a respondent where it determines that the respondent has failed to comply with a decision or an order under this Part.

†††††††††††† (2)The parties to the application are the society and the respondent.

†††††††††††† (3)An order of an adjudication tribunal under this section may suspend the rights and privileges of the respondent for a fixed period that the adjudication tribunal considers appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal.

Reinstatement and readmission

††††† 54. (1) Where a decision or order of an adjudication tribunal

†††††††††††† (a)suspends a respondent;

†††††††††††† (b)restricts a respondentís practice; or

†††††††††††† (c)specifies conditions for the continuing practice of a respondent,

and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing before an adjudication tribunal to discharge or vary the decision or order based on the new evidence or material change in circumstances.

†††††††††††† (2)An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred.

†††††††††††† (3)Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal for a supplementary hearing as if it were a matter referred under paragraph 45(3)(b) and sections 47 to 52 apply, with the necessary changes, to the referred matter.

†††††††††††† (4)The parties to a supplementary hearing under this section are the respondent and the society.

†††††††††††† (5)For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 50, an adjudication tribunal may

†††††††††††† (a)vary the original decision or order made under section 50; or

†††††††††††† (b)discharge the original decision or order, with or without conditions.

Costs of the society

††††† 55. (1) Where a person who was ordered to pay the costs of the society under paragraph 49(2)(l) or 50(3)(l) fails to pay in the time required, the society may suspend the licence of that person until the costs are paid.

†††††††††††† (2)Costs ordered to be paid under paragraph 49(2)(l) or 50(3)(l) are a debt due to the society and may be recovered by the society by a civil action.

Collection of fine

†† 55.1 (1) Where an order is made under section 49 or 50 imposing a fine on a respondent, the society may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Registrar of the Supreme Court.

†††††††††††† (2)Where a certificate is filed with the Registrar of the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

†††††††††††† (3)A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

†††††††††††† (4)On an application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judgeís decision.

†††††††††††† (5)There is no appeal from a decision of a judge made under this section.

†††††††††††† (6)A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

Appeal

†† 55.2 (1) The society or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal under this Part, appeal the decision or order or a part of it to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

†††††††††††† (2)An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise.

Application of Part to professional law corporations

†† 55.3 (1) This Part applies, with the necessary changes, to a professional law corporation as if it was a member.

†††††††††††† (2)Rules made by the benchers respecting the discipline of members under this Part may be made applicable to professional law corporations as if they were members.

 

††††† 11. Subsection 74(4) of the Act is repealed and the following substituted:

†††††††††††† (4)Notice of taxation of a bill of fees may be given

†††††††††††† (a)by the member or professional law corporation claiming payment to a person from whom payment is claimed; or

†††††††††††† (b)by a person from whom a payment is claimed to the member or professional law corporation claiming payment.

 

††††† 12. Section 82 of the Act is repealed.