The Legal Profession Amendment Act, 2018 — Bill 163 (2019) [First Reading Bills]
Bill 163 (Bill163-2018)
Saskatchewan — Bills
1 1 LEGAL PROFESSION BILL No. 163
An Act to amend The Legal Profession Act, 1990 and to make a consequential amendment to The Notaries Public Act (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:
Short title 1 This Act may be cited as The Legal Profession Amendment Act, 2018. SS 1990-91, c L-10.1 amended 2 The Legal Profession Act, 1990 is amended in the manner set forth in this Act.
Section 2 amended 3(1) Subsection 2(1) is amended: (
a) by repealing clause (
a) and substituting the following: “(a) ‘admissions panel’ means a panel appointed in accordance with the rules for the purposes of any hearing related to admission”; (
b) by repealing clause (b); (
c) in clause (b.1) by striking out “, except in subsection 49(3),”; (
d) in clause (g.1) by striking out “pursuant to
section 47” and substituting “in accordance with the rules”; (
e) by adding the following clauses after clause (g.1): “(g.2) ‘licence’ means a licence issued to a member pursuant to
section 24 entitling the member to practise law in Saskatchewan; “(g.3) ‘limited licence’ means a licence issued to a person pursuant to
section 24.1 entitling the person to engage in the limited practice of law in Saskatchewan; “(g.4) ‘limited licensee’ means a person who has been issued a limited licence”; (
f) in subclause (h)(
i) by striking out “subsections (2) and (2.1)” and substituting “subsections (2) to (2.2)”; and (
g) by adding the following clause after clause (m): “(n) ‘suspension’ includes disqualification in sections 16, 17, 28, 83 and 87”. (2) Clause 2(2.1)(
a) is repealed and the following substituted: “(
a) sections 38, 39, 40, 43, 54, 56, 57 and 84.1”.
LEGAL PROFESSION 2 2
(3) The following subsection is added after subsection 2(2.1): “
(2.2) In the provisions set out in the regulations, a reference to ‘member’ includes a reference to a ‘limited licensee’ and those provisions apply, with any necessary modification, to limited licensees who are entitled to engage in the limited practice of law in Saskatchewan”.
Section 5 amended 4 The following subsections are added after subsection 5(2): “
(3) The executive director has the powers and duties given to the executive director by or pursuant to this Act and the rules, and those assigned or delegated to the executive director by a resolution of the benchers. “
(4) Subject to subsection (5), the executive director may delegate to one or more employees of the society any of the executive director’s powers, duties or functions. “
(5) The benchers may impose any limitations or terms and conditions that they consider appropriate on a delegation pursuant to subsection (4)”.
Section 6 amended 5(1) Subsection 6(2) is amended: (
a) in clause (
a) by adding “ , who is a bencher by virtue of that office ” after “Saskatchewan”; (
b) by repealing clause (
b) and substituting the following: “(
b) not less than 12 benchers elected or appointed pursuant to the rules”; and (
c) in clause (
d) by striking out “ex officio benchers” and substituting “benchers by virtue of those offices”. (2) Subsection 6(2.1) is amended by adding “or appointment” after “election”. (3) Subsection 6(7) is repealed. New
section 7 6
Section 7 is repealed and the following substituted: “Attorney General benchers 7 The Attorneys General who are benchers mentioned in clause 6(2)(
d) have no right to vote at a meeting of the benchers in convocation”.
Section 7.1 amended 7(1) Subsection 7.1(1) is amended by striking out “Subject to subsection (2), the chairperson” and substituting “The chairperson”.
(2) Subsection 7.1(2) is repealed. New
section 7.2 8 The following
section is added after
section 7.1: “Committees 7.2(1) The benchers may: (
a) establish any committees that they consider necessary; and (
b) make rules respecting: (
i) the practice and procedure of committees;
3 3 (ii) the appointment and termination of appointments to committees; (iii) the admissibility of any report or other material submitted to a committee as evidence in a civil proceeding; and (iv) any other matter respecting committees the benchers consider necessary or advisable.
(2) Subject to this Act and the rules, the benchers, on any terms or conditions that they may determine, may delegate any of their powers or duties to a committee that is provided for by this Act or the rules or that is established pursuant to subsection (1).
(3) The benchers shall not delegate the power to make rules.
(4) Subject to this Act and the rules, a committee may establish its own procedures”.
Section 10 amended 9
Section 10 is amended: (
a) in the portion preceding clause (
a) by striking out “lawyers” and substituting “members”; (
b) by adding the following clauses after clause (a.11): “(a.12) delegating to the executive director, or to the delegate of the executive director, the authority to do any act or exercise any power or jurisdiction of the benchers pursuant to this Act and the rules, other than the power to make rules; “(a.13) authorizing a committee established pursuant to this Act or the rules to delegate authority granted to it pursuant to this Act to the executive director or to the delegate of the executive director”; (
c) by repealing clause (a.2) and substituting the following: “(a.2) regulating the election and appointment of benchers”; (
d) by adding the following clause after clause (a.3): “(a.4) prescribing circumstances in which a person ceases to be a bencher or an officer of the society, or may be removed as a bencher or as an officer of the society”; (
e) by repealing clause (
j) and substituting the following: “(
j) providing for the issuance of licences to members and persons authorized to practise law in accordance with rules made pursuant to clause (
i) and requiring those licences to be displayed as prescribed”; (
f) by adding the following clause after clause (k): “(k.1) for the purposes of
section 31, exempting persons and classes of persons from the prohibition against the unauthorized practice of law and, as a condition of the exemption, requiring any exempted person or class of exempted persons to comply with any term or condition”;
LEGAL PROFESSION 4 4 (
g) by repealing clause (
m) and substituting the following: “(
m) establishing procedures relating to the methods of assessment and review of competence”; (
h) by repealing clause (o.2) and substituting the following: “(o.2) providing for the method of sending a copy of a formal complaint and of serving notice of a hearing on a member”; (
i) by adding the following clause after clause (p): “(p.1) for the purposes of subsection 30(3), defining legal information”; (
j) in clause (q): (
i) in subclause (
i) by striking out “or the filing of materials” and substituting “, the filing of materials or the completion of continuing legal education requirements”; and (ii) in subclause (ii) by striking out “ benchers consider ” and substituting “society considers”; and (
k) by adding the following clause after clause (z): “(z.1) subject to subsection 81(2), respecting the commencement of proceedings pursuant to this Act”.
Section 13.1 amended 10(1) Subsection 13.1(2) is amended in the portion preceding clause (
a) by striking out “benchers” and substituting “society”.
(2) Clause 13.1(3)(
c) is amended by striking out “ benchers consider” and substituting “society considers”.
(3) Subsection 13.1(4) is amended in the portion preceding clause (
a) by striking out “benchers” and substituting “society”.
Section 16 amended 11
Section 16 is amended by striking out “All members” and substituting “Subject to the rules, all members”.
Section 17 amended 12
Section 17 is amended by striking out “All members” and substituting “Subject to the rules, all members”. New heading for
Part III 13 The heading to
Part III is struck out and the following substituted: “PART III Legal Services and the Practice of Law”.
Section 24 amended 14(1) Subsection 24(1) is amended by striking out “ benchers” and substituting “society” in each of the following provisions: (
a) clause (a); (
b) clause (d).
5 5
(2) The following subsection is added after subsection 24(1.1): “
(1.2) The society shall issue a licence to each member admitted pursuant to subsection (1) or (1.1) in accordance with the rules”. New
section 24.1 15 The following
section is added after
section 24: “Eligibility as limited licensee 24.1(1) Subject to the regulations, the society may issue a limited licence to engage in the limited practice of law to a person who: (
a) does not fully meet the requirements to be admitted as a student- at-law or a lawyer pursuant to
section 23 or 24; (
b) has complied with the rules and the regulations with respect to applications for limited licences; (
c) agrees to practise in accordance with the conditions and restrictions specified on a limited licence; and (
d) has paid the prescribed fees.
(2) Subject to the regulations, the benchers may make rules respecting the issuance of limited licences and the regulation of limited licensees, including the following matters: (
a) the eligibility of persons who are not students-at-law or lawyers to be limited licensees, including the following: (
i) the criteria for considering an application for a limited licence; (ii) the training or education of an applicant for a limited licence; (
b) the fees to be paid by an applicant for a limited licence; (
c) any insurance to be maintained by a limited licensee; (
d) terms and conditions to which a limited licensee may be subject; (
e) the eligibility of limited licensees to vote at an election of benchers; (
f) the eligibility of limited licensees as candidates in an election of benchers; (
g) the competency and discipline provisions that apply to limited licensees.
(3) The Lieutenant Governor in Council may make regulations: (
a) respecting the criteria that the society must consider in evaluating an application for a limited licence pursuant to subsection (2); (
b) respecting the training or education of an applicant for a limited licence mentioned in subsection (2); (
c) respecting the conditions on and requirements of limited licensees;
LEGAL PROFESSION 6 6 (
d) for the purposes of subsection 2(2.2), specifying the provisions of this Act that apply to limited licensees, including any modifications to those provisions as may be required to make them applicable; (
e) respecting any other matter necessary or advisable for the regulation of limited licensees.
(4) A limited licensee shall comply with the regulations and the rules governing limited licensees”.
Section 29 amended 16(1) Subsection 29(2) is amended by striking out “ benchers” and substituting “admissions panel”. (2) Clause 29(3)(
c) is amended by striking out “benchers and any committee of benchers to which the application was referred and the report of that committee” and substituting “admissions panel and the report of that panel”. New
section 29.1 17 The following
section is added after
section 29: “Practice of law 29.1 The practice of law is the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person that require the knowledge and skill of a person trained in the law, and includes the following: (
a) giving advice or counsel to others with respect to their legal rights or responsibilities or the legal rights or responsibilities of others; (
b) drafting or completing legal documents or agreements that affect the legal rights of an entity or person; (
c) representing another entity or person in any of the following: (
i) a court; (ii) a formal administrative adjudicative proceeding; (iii) a formal dispute resolution process; (iv) any other administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review; (
d) negotiating legal rights or responsibilities on behalf of another entity or person”. New