5th Session, 42nd Parliament

(2024) FOR REPORT

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 15th day of May, 2024

Seunghee Suzie Seo, Law Clerk

HONOURABLE NIKI SHARMA

ATTORNEY GENERAL

BILL 21 – 2024

LEGAL PROFESSIONS ACT

Contents

Part 1 –

Interpretation and Application

Definitions

Application

Part 2 – Legal Professions

Legal professions

Regulations designating legal professions

Part 3 – Legal Professions British Columbia

Division 1 – Legal Professions British Columbia

Regulator amalgamated and continued

Duties of regulator

Guiding principles

Division 2 – Board of Directors and Chief Executive Officer

Board of directors

Powers and duties of board

Executive committee

Oath of office

Term limits for directors

Removal of director

If complaint against director

Vacancies

If board membership does not meet requirements

Meetings and quorum

Code of conduct and conflicts of interest

Remuneration of directors

Appointment of chief executive officer

Duties of chief executive officer

Reconciliation initiatives

Annual report of regulator

Independent review

Rules – application

Rules – consultation

General rule-making authority of board

Rules respecting directors

Part 4 – Indigenous Council

Indigenous council

Role of Indigenous council

Policies and procedures of Indigenous council

Remuneration of members of Indigenous council

Meetings

Independent review

Part 5 – Licensing and Authority to Practise

Division 1 – Practice of Law

Practice of law

Provision of legal information

Division 2 – Authority to Practise Law

Unauthorized practice of law

Exceptions from prohibition against unauthorized practice

Officers of court

Reserved titles

False representation

Restrictions for licensee with suspended or cancelled licence

Appointment of notaries by Lieutenant Governor in Council

Rules respecting authority to practise

Division 3 – Scopes of Practice

Lawyers scope of practice

Notaries public scope of practice

Regulated paralegals scope of practice

Rules respecting scopes of practice

Division 4 – Licensing and Enrolment

Definitions

Eligibility requirements for licence or enrolment

Licensing committee

Licence to practise legal profession

Limited practice licence

False, misleading or incomplete application

Review of licensing or enrolment decision

Annual fee

Duties of licensees

Duties of trainees

Summary orders

Prohibition against licence surrender

Registry

Rules respecting licences

Rules respecting trainees

Rules respecting practice specialties

Rules respecting restricted areas of practice

Rules respecting disclosure in public interest

Rules respecting undertakings

Part 6 – Professional Conduct, Competence and Discipline

Division 1 – Professional Conduct and Competence

Definitions

Continuing competence and education requirements

Code of professional conduct

Professional conduct and competence requirements

Assistance programs

Practice reviews

Rules respecting competence, professional conduct and financial responsibility

Division 2 – Complaints and Investigations

Definitions and application

Complaints

Investigations

Entry and inspection

Search and seizure

Detention of things seized

Personal records in investigation or seizure

Regulator request for evidence

Immunity for persons required to report

Rules respecting complaints and investigations

Division 3 – Discipline

Interim orders

Actions after investigation

Professional conduct orders

Competence orders

Discipline committee

Citations

Consent agreements

Alternative resolution

Consideration of disciplinary record

Rules respecting discipline

Part 7 – Legal Professions Tribunal

Legal Professions Tribunal

Tribunal chair

Acting tribunal chair

Tribunal members

Tribunal member's absence or incapacity

If tribunal membership does not meet requirements

Oath of office and code of conduct

Removal of tribunal member

Tribunal finances

Remuneration of tribunal members

Tribunal fees

Rules respecting tribunal

Part 8 – Tribunal Proceedings

Definitions

Tribunal orders

Time limits

Application or citation does not operate as stay

Power to compel witnesses and order disclosure

Evidence

Failure to attend

Hearings open to public

Maintenance of order at hearing

Contempt proceeding for uncooperative person

Recording tribunal proceeding

Actions after licensing hearing

Actions after hearing of

section 59 application

Actions after hearing of

section 85 application

Actions after hearing of

Part 6 application

Actions after discipline hearing

Panel for final hearing

Tribunal consideration of disciplinary record

Costs

Debt due to regulator

Final decision

Enforcement of decision

Appeal

General

Tribunal rules

Practice directives

Part 9 – Indemnification

Definition

Professional liability indemnification

Trust protection indemnification

Other indemnification

Indemnity fees

Indemnity fund

Reimbursement to regulator

Time extensions

Application of other Acts to indemnification programs

Third person right of action against indemnitor

Rules respecting indemnification

Part 10 – Custodianships

Definitions

Appointment of custodian

If regulator appointed as custodian

Powers of custodian

Regulator access to property

Property in custody or under control of custodian

Application to court

Liability and costs

Part 11 – Law Foundation of British Columbia

Definitions

Law Foundation continued

Object of Law Foundation

Board of trustees

Term limits for trustees

Removal of trustee

Vacancies

If board of trustee membership does not meet requirements

Quorum

Chair

Chief executive officer

Delegation of board of trustees' powers and duties

Bylaws

Application of funds

Part 12 – Trust Accounts

Definitions

Trust accounts of licensees and law firms

Unclaimed trust funds

Overdrawn pooled trust fund account

Trust account reviews and audits

Rules respecting trust accounts

Part 13 – Fees for Legal Services

Definitions

Application

Agreement for legal services

Contingent fee agreement

Restrictions on contingent fee agreement

Examination of agreement

Bill of licensee or law firm

Review of bill

Matters to be considered on review

Costs of review

Remedies that may be ordered by registrar

Refund of fee overpayment

Appeal

Registrar's certificate

Order to deliver bill or property

Change of licensee or law firm

Right to costs out of property recovered

Rules respecting agreements and fees

Part 14 – Business Structures

Definitions

Authorized and prohibited activities of law corporations

Law corporation permit

Responsibility of licensees

Rules respecting law firms

Rules respecting law corporations

Rules respecting limited liability partnerships

Rules respecting alternative business structures

Part 15 – Enforcement

Offences

Limitation

Offence by corporation

Single and continuing offences

Penalties

Injunctions

Contempt

Part 16 – General

Protection against actions

Delivery of documents under this Act

Complete and accurate information

Certain matters privileged

Confidential and privileged information

Security arrangements to protect confidential and privileged information

Part 17 – Regulations

General regulation-making authority

Regulations respecting exceptions

Regulations respecting scopes of practice

Application

Part 18 – Transitional Provisions, Repeals, Consequential Amendments, Related Amendments and Amendments to This Act

Division 1 –

Definitions for Transitional Provisions

Definitions

Division 2 – Transitional Provisions Related to Amalgamation

Transition – assets, liabilities and agreements

Transition – effect of amalgamation

Transition – amalgamation is not default

Transition – dealing with continued assets and liabilities

Transition – records and confidential information

Transition – legal proceedings

Transition – Society of Notaries Public and board of examiners

Division 3 – Transitional Provisions Related to Governance

Transition – transitional board

Transition – transitional Indigenous council

Transition – advisory committee

Transition – first rules

Transition – transitional tribunal chair and first tribunal rules

Transition – expenses and remuneration

Transition – protection against actions

Transition – first board

Transition – first chief executive officer

Transition – first Indigenous council

Transition – committees

Transition – first tribunal chair

Division 4 – Transitional Provisions Related to Licensing

Transition – trainees

Transition – licensees

Transition – licensing applications

Transition – law corporations

Division 5 – Transitional Provisions Related to Discipline

Transition – investigations and practice reviews

Transition – disciplinary proceedings under Legal Profession Act

Transition – disciplinary proceedings under Notaries Act

Division 6 – Transitional Provisions Related to Law Foundation

Definitions

Transition – dissolution of Notary Foundation

Transition – effect of transfer

Transition – transfer is not default

Transition – dealing with transferred assets and liabilities

Transition – records and confidential information

Transition – legal proceedings

Transition – first board of trustees

Transition – audits

Division 7 – Repeals

Repeal provisions of Attorney General Statutes Amendment Act, 2018

Repeal of Legal Profession Act

Repeal of Notaries Act

Division 8 – Consequential Amendments

254-310

Consequential Amendments

Division 9 – Related Amendments

311-314

Related Amendments

Division 10 – Amendments to This Act

315-316

Amendments to this Act

Commencement

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 –

Interpretation and Application

Definitions

1 In this Act:

"applicant" , except in

Part 8 [Tribunal Proceedings] , means a person who applies for a licence under

Part 5 [Licensing and Authority to Practise] ;

"board" means the board of directors of the regulator established under

section 8 (1) [board of directors] ;

"chief executive officer" , except in

Part 11 [Law Foundation of British Columbia] , means the chief executive officer appointed under

section 20 (1) [appointment of chief executive officer] ;

"citation" means a citation issued under

section 90 (2) [citations] ;

"code of professional conduct" means the code of professional conduct established under

section 70 [code of professional conduct] ;

"competence order" means an order made under

section 88 [competence orders] ;

"custodian" means a person appointed as a custodian under

section 145 (2) [appointment of custodian] ;

"director" means a person elected or appointed to the board;

"disciplinary record" , in relation to a licensee, trainee or law firm

(

a) includes the following:

(

i) any disciplinary action or remedial action taken in relation to the licensee, trainee or law firm under this Act, the Legal Profession Act or the Notaries Act ;

(ii) any disciplinary action or remedial action taken in relation to the licensee, trainee or law firm under a law governing the practice of law in another jurisdiction, but

(

b) does not include a complaint against the licensee, trainee or law firm that has been dismissed;

"discipline committee" means the committee established under

section 89 [discipline committee] ;

"discipline hearing" means the hearing of a citation initiated under

section 90 (2) [citations] ;

"First Nation" means a First Nation whose traditional territory includes land within the boundaries of British Columbia;

"former lawyer" includes the following:

(

a) a person who was a member of the Law Society at any time before the repeal of the Legal Profession Act ;

(

b) a person who was a member of the Law Society of British Columbia continued under

section 2 of the Legal Profession Act , R.S.B.C. 1996, c. 255, at any time before the repeal of that Act;

"former licensee" includes the following:

(

a) a person who was a member of the Law Society at any time before the repeal of the Legal Profession Act ;

(

b) a person who was a member of the Law Society of British Columbia continued under

section 2 of the Legal Profession Act , R.S.B.C. 1996, c. 255, at any time before the repeal of that Act;

(

c) a person who was a member of the Society of Notaries Public of British Columbia continued under

section 2 of the Notaries Act , at any time before the repeal of that Act;

(

d) a person who was a member of the Society of Notaries Public of British Columbia continued under

section 2 of the Notaries Act , S.B.C. 1981, c. 23, at any time before the repeal of that Act;

"indemnity fee" means the fee established under

section 137 (1) (a) [indemnity fees] ;

"Indigenous council" means the Indigenous council established under

section 29 [Indigenous council] ;

"Indigenous peoples" has the same meaning as in

section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act ;

"investigation" , except in

section 30 [role of Indigenous council] , means an investigation under

section 77 [investigations] ;

"law corporation" means a corporation that holds a law corporation permit issued under

section 192 [law corporation permit] ;

"law firm" means a sole proprietorship, law corporation, partnership or any other business structure, arrangement or legal entity through which one or more licensees practise law;

"Law Foundation" means the Law Foundation of British Columbia continued under

section 153 (1) [Law Foundation continued] ;

"Law Society" means the Law Society of British Columbia continued under

section 2 of the Legal Profession Act ;

"lawyer" means a person who

(

a) is authorized under this Act to practise law as a lawyer, or

(

b) is a non-practising lawyer;

"legal profession" means a legal profession designated under

section 3 [legal professions] ;

" Legal Profession Act " means the Legal Profession Act , S.B.C. 1998, c. 9;

"licence" means a licence issued under Division 4 [Licensing and Enrolment] of

Part 5 [Licensing and Authority to Practise] ;

"licensee" means a person who holds a licence;

"licensing committee" means the committee, if any, established under

section 51 [licensing committee] ;

"licensing hearing" means a hearing of the tribunal initiated by an application under

section 55 [review of licensing or enrolment decision] ;

"limited practice licence" means a limited practice licence issued under

section 53 [limited practice licence] ;

"limited practice licensee" means a person who holds a limited practice licence;

"non-practising lawyer" means a person who holds a non-practising licence for the practice of law as a lawyer;

"non-practising licence" means a licence that is held in abeyance at the initiative of the licensee and does not include a licence that is suspended under this Act;

"non-practising licensee" means a person who holds a non-practising licence;

"non-practising notary public" means a person who holds a non-practising licence for the practice of law as a notary public;

" Notaries Act " means the Notaries Act , R.S.B.C. 1996, c. 334;

"notary public" means a person who

(

a) is authorized under this Act to practise law as a notary public, or

(

b) is a non-practising notary public;

"permit" means a permit, other than a law corporation permit, issued to a law firm under a rule, if any, made under

section 194 (2) (a) [rules respecting law firms] ;

"practice review" means a review, under

section 73 [practice reviews] , of the practice of law by a licensee or law firm;

"practising lawyer" means a lawyer who holds a practising licence;

"practising licence" means a licence that is not suspended or held in abeyance;

"practising licensee" means a licensee who holds a practising licence;

"practising notary public" means a notary public who holds a practising licence;

"practising regulated paralegal" means a regulated paralegal who holds a practising licence;

"professional conduct order" means an order made under

section 87 [professional conduct orders] ;

"regulated paralegal" means a person who is authorized under this Act to practise law as a regulated paralegal;

"regulator" means Legal Professions British Columbia established under

section 5 [regulator amalgamated and continued] ;

"respondent" means a licensee, trainee or law firm, or a former licensee or trainee, whose conduct or competence is the subject of a proceeding before the tribunal;

"rule" means a rule made by the board under this Act;

"Society of Notaries Public" means the Society of Notaries Public of British Columbia continued under

section 2 of the Notaries Act ;

"trainee" means a person enrolled under this Act in training to practise law as a licensee;

"tribunal" means the Legal Professions Tribunal established under

section 95 [Legal Professions Tribunal] ;

"tribunal chair" means the chair of the tribunal appointed under

section 96 (1) [tribunal chair] ;

"tribunal rule" means a rule made by the tribunal under

section 131 [tribunal rules] .

Application

2 This Act does not apply to a licensee who is a part time judicial justice, within the meaning of

section 1 of the Provincial Court Act , while the licensee is acting in the licensee's capacity as a part time judicial justice.

Part 2 – Legal Professions

Legal professions

3 The following professions are designated as legal professions for the purposes of this Act:

(

a) the profession of lawyer;

(

b) the profession of notary public;

(

c) the profession of regulated paralegal;

(

d) a profession designated by regulation.

Regulations designating legal professions

(1) For the purposes of

section 3 (d), the Lieutenant Governor in Council may, on the recommendation of the Attorney General, make regulations designating a profession as a legal profession.

(2) Before making a recommendation under subsection (1), the Attorney General must

(

a) consult the board, and

(

b) consider all of the following:

(

i) whether the designation is likely to facilitate access to legal services in British Columbia without posing a significant risk of harm to the public;

(ii) whether the activities performed in the practice of the profession are similar to, or overlap with, those performed in the practice of law;

(iii) whether failing to designate the profession would undermine the regulator's ability to regulate the practice of law in British Columbia;

(iv) whether the practice of the profession is regulated in other jurisdictions;

(

v) whether the designation would have an undue impact on the independence of licensees under this Act.

(3) A regulation made under this

section

(

a) must specify the activities that a licensee who practises the legal profession may perform in the course of practising law, and

(

b) may reserve titles for the exclusive use of a licensee who practises the legal profession.

Part 3 – Legal Professions British Columbia

Division 1 – Legal Professions British Columbia

Regulator amalgamated and continued

(1) The Law Society of British Columbia and the Society of Notaries Public of British Columbia are amalgamated and continued as a corporation, to be known as Legal Professions British Columbia, that

(

a) is without share capital, and

(

b) consists of the board.

(2) For the purposes of this Act, the regulator has all the powers and capacity of a natural person of full capacity.

(3) The Business Corporations Act does not apply to the regulator.

Duties of regulator

(1) The regulator has the following duties:

(

a) to regulate the practice of law in British Columbia;

(

b) to establish standards and programs for the education, training, competence, practice and conduct of applicants, trainees, licensees and law firms;

(

c) to ensure the independence of licensees.

(2) The regulator must exercise its powers and perform its duties under this Act in the public interest.

Guiding principles

7 In exercising powers and performing duties under this Act, the regulator must have regard to the following principles:

(

a) facilitating access to legal services;

(

b) supporting reconciliation with Indigenous peoples and the implementation of the United Nations Declaration on the Rights of Indigenous Peoples;

(

c) identifying, removing or preventing barriers to the practice of law in British Columbia that have a disproportionate impact on Indigenous persons and other persons belonging to groups that are under-represented in the practice of law;

(

d) regulating the practice of each legal profession in a manner that is

(

i) transparent,

(ii) timely, and

(iii) proportionate to the risk of harm to the public posed by the practice.

Division 2 – Board of Directors and Chief Executive Officer

Board of directors

(1) The board of directors of the regulator is to consist of 17 directors, as follows:

(a) 5 directors elected by and from among lawyers;

(b) 2 directors elected by and from among notaries public who are not also lawyers;

(c) 2 directors as follows:

(

i) if the total number of regulated paralegals in British Columbia is less than 50, appointed by a majority of the other directors holding office;

(ii) if the total number of regulated paralegals in British Columbia is 50 or more, elected by and from among regulated paralegals;

(d) 3 directors appointed by the Lieutenant Governor in Council, of whom at least one must be an individual of a First Nation;

(e) 5 directors appointed, after a merit-based process, by a majority of the other directors holding office, of whom

(i) 4 must be lawyers,

(ii) one must be a notary public who is not also a lawyer, and

(iii) at least one must be an Indigenous person.

(2) The 2 directors referred to in subsection (1) (c) (

i) must be appointed on the recommendation, if any, of the board of directors of the BC Paralegal Association made after a merit-based process.

(3) The 3 directors referred to in subsection (1) (

d) must be appointed on the recommendation of the Attorney General made after a merit-based process.

(4) Before making a recommendation for the purposes of the appointment of a person under subsection (1) (d), the Attorney General must

(

a) consult the board respecting the desired skills, attributes and experience of persons to be appointed, and

(

b) for the purpose of the appointment of a director who is an individual of a First Nation, seek nominations by First Nations.

Powers and duties of board

(1) The board must supervise the management of the affairs of the regulator and may

(

a) exercise the powers conferred on it under this Act, and

(

b) on behalf of the regulator, exercise the powers and perform the duties of the regulator under this Act.

(2) The board must appoint a chair from among the directors.

(3) The board may establish committees to assist the board.

(4) For the purposes of subsection (1), the board may delegate any power or duty of the board or the regulator to the chief executive officer or to a committee of the board, except the following:

(

a) the power to establish committees of the board;

(

b) the power to pass resolutions and make rules;

(

c) the duty to appoint a chief executive officer;

(

d) the duty to appoint a tribunal chair.

(5) The board may impose conditions and restrictions on any delegation made under subsection (4).

Executive committee

(1) Without limiting

section 9 (3), the board may establish an executive committee.

(2) If the board establishes an executive committee, the executive committee must consist of no more than 5 members, of whom

(

a) one is the chair of the board,

(

b) one is a director who is a lawyer,

(

c) one is a director who is a notary public,

(

d) one is a director appointed or elected under

section 8 (1) (c) [board of directors] , and

(

e) one is a director appointed by the Lieutenant Governor in Council.

(3) A quorum of the executive committee is 4 members.

Oath of office

(1) The board must establish an oath of office for directors that must include a commitment to act in the public interest.

(2) Before taking office as a director, a person elected or appointed as a director must take and sign the oath of office.

Term limits for directors

(1) Subject to subsections (3) and (4), a person may be appointed as a director for a term of no more than 3 years and may serve for no more than 6 consecutive years.

(2) Subject to subsection (3), a person may be elected as a director for a term, of no more than 3 years, specified in the rules and may serve for no more than 6 consecutive years.

(3) A director who has served on the board for 6 consecutive years is eligible to serve again after a break in service of at least 3 years.

(4) A director appointed by the Lieutenant Governor in Council under

section 8 (1) (d) [board of directors] whose term expires may continue to serve on the board, for no more than one year, until a successor is appointed.

Removal of director

(1) Subject to subsection (2), the board may remove a director if any of the following apply:

(

a) the director contravenes the oath of office or the code of conduct for directors established under

section 18 [code of conduct and conflicts of interest] ;

(

b) if the director is a licensee, the director

(

i) contravenes the code of professional conduct, or

(ii) contravenes this Act or the rules;

(

c) the director becomes bankrupt.

(2) The board may remove a director to whom one or more of the circumstances described in subsection (1) apply if, after reasonable notice to the director, the board considers the circumstances sufficiently serious to justify the director's removal.

(3) A director elected or appointed under

section 8 (1) (a), (b), (c) (ii) or (e) [board of directors] ceases to be a director if the director ceases to hold a licence to practise law as a member of the legal profession the director was licensed to practise when elected or appointed.

If complaint against director

(1) If a director receives notice that the director is the subject of a complaint under

section 76 [complaints] , other than a complaint that has been dismissed under

section 76 (3), the director must give written notice of the complaint to the board as soon as practicable.

(2) On receiving notice of a complaint under subsection (1), the board may prohibit the director from exercising the powers and performing the duties of a director until the disposition of the complaint if the board determines that the complaint is sufficiently serious to justify the prohibition.

Vacancies

(1) If a director elected under

section 8 (1) (a), (

b) or (c) (ii) [board of directors] resigns, is removed or dies, the board

(

a) may, if the balance of the director's term does not exceed 6 months, appoint a person who holds a licence for the practice of the same legal profession as that of the director to fill the vacancy for the balance of the term, or

(

b) must, if the balance of the director's term exceeds 6 months, hold a by-election in accordance with

section 8 (1) (a), (

b) or (c) (ii), as applicable, to fill the vacancy.

(2) If a director appointed under

section 8 (1) (

d) resigns, is removed or dies, the Lieutenant Governor in Council

(

a) may, if the balance of the director's term does not exceed 6 months, appoint a person in accordance with

section 8 (1) (

d) and (3) to fill the vacancy for the balance of the term, or

(

b) must, if the balance of the director's term exceeds 6 months, appoint a person in accordance with

section 8 (1) (

d) and (3) to fill the vacancy for the balance of the term.

(3) If a director appointed under

section 8 (1) (c) (

i) or (

e) resigns, is removed or dies, the board

(

a) may, if the balance of the director's term does not exceed 6 months, appoint a person in accordance with

section 8 (1) (c) (

i) and (2) or

section 8 (1) (e), as applicable, to fill the vacancy for the balance of the term, or

(

b) must, if the balance of the director's term exceeds 6 months, appoint a person in accordance with

section 8 (1) (c) (

i) and (2) or

section 8 (1) (e), as applicable, to fill the vacancy for the balance of the term.

If board membership does not meet requirements

(1) An act of the board is not invalid only because of a defect that is subsequently discovered in the appointment or election of a director.

(2) The board may continue to exercise the powers and perform the duties of the board if

(

a) the term of a director ends or a director resigns, is removed, dies or is, for any reason, unable or unwilling to act as a director, and

(

b) the composition of the board is not as described in

section 8 because of the vacancy or absence.

Meetings and quorum

(1) The board must meet at least 4 times per year.

(2) Subject to any rules made under

section 28 (2) (j) [rules respecting directors] , meetings of the board must be open to the public.

(3) A quorum of the board is 12 directors.

Code of conduct and conflicts of interest

(1) The board must establish a code of conduct for directors.

(2) The board must establish policies and procedures respecting conflicts of interest in relation to directors, including policies and procedures respecting the following:

(

a) the identification and disclosure of conflicts of interest;

(

b) the actions to be taken if a conflict of interest is identified.

Remuneration of directors

19 The board must establish rates for the remuneration of directors and provide for the reimbursement of reasonable travel expenses and out-of-pocket expenses of directors.

Appointment of chief executive officer

(1) The board must, in accordance with this section, appoint a person as chief executive officer of the regulator.

(2) The board must establish a committee whose role is to, by consensus, nominate persons for the purpose of an appointment under subsection (1).

(3) The committee must consist of no more than 5 members, of whom at least one is a member of the Indigenous council or a person nominated by the Indigenous council.

(4) Before appointing a person as chief executive officer or rescinding the appointment of a person as chief executive officer, the board must consult the Indigenous council.

Duties of chief executive officer

(1) The chief executive officer

(

a) is responsible for the management and administration of the regulator and the management of its officers and employees,

(

b) must work in collaboration with the Indigenous council and the board to

(

i) support reconciliation with Indigenous peoples and the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, and

(ii) identify, remove or prevent barriers to the practice of law in British Columbia that have a disproportionate impact on Indigenous persons, and

(

c) must work in collaboration with the tribunal chair to ensure the independence of the tribunal from the regulator.

(2) The chief executive officer may delegate any of the powers of the chief executive officer under this Act to an officer or employee of the regulator.

Reconciliation initiatives

(1) The chief executive officer must appoint an employee of the regulator as a person whose role is to lead reconciliation initiatives by the regulator, including initiatives related to the following:

(

a) reconciliation with Indigenous peoples and the implementation of the United Nations Declaration on the Rights of Indigenous Peoples;

(

b) increasing the number of Indigenous persons who are employed or retained by the regulator;

(

c) increasing the number of Indigenous persons who practise law;

(

d) preventing and mitigating the systemic challenges faced by Indigenous licensees and trainees and by the Indigenous clients of licensees.

(2) A person appointed under subsection (1) must be an Indigenous person.

(3) The chief executive officer must consult the Indigenous council before

(

a) appointing a person under subsection (1), or

(

b) terminating the appointment of a person appointed under subsection (1).

Annual report of regulator

23 Each year the board must prepare and publish a report

(

a) respecting the activities of the regulator in the immediately preceding calendar year, and

(

b) including a description of the following:

(

i) the performance by the regulator of its duties under

section 6 (1) [duties of regulator] ;

(ii) the consideration given by the regulator, in exercising powers and performing duties under this Act, to the principles set out in

section 7 [guiding principles] .

Independent review

(1) The board must appoint a person it considers qualified to do the following at the expense of the regulator:

(

a) conduct a review of the extent to which this Act, the regulations and the rules facilitate access to legal services in British Columbia;

(

b) at the conclusion of the review and no later than 5 years after the date this

section comes into force, provide a report, with recommendations, to the board.

(2) After receiving a report under subsection (1) (b), the board

(

a) may prepare a response to the report, and

(

b) must provide the report, with the response prepared under paragraph (a), if any, to the Attorney General.

(3) After receiving a report under subsection (2) (b), the Attorney General must

(

a) promptly table the report in the Legislative Assembly if it is then sitting, or, if the Legislative Assembly is not sitting, file the report with the Clerk of the Legislative Assembly, and

(

b) publish the report by posting it on a publicly available website.

Rules – application

25 The rules are binding on the following:

(

a) the regulator;

(

b) directors;

(

c) licensees;

(

d) former licensees, to the extent specified in the rules;

(

e) trainees;

(

f) applicants;

(

g) persons described in

section 38 (1) (

f) or (g) [exceptions from prohibition against unauthorized practice] ;

(

h) law firms.

Rules – consultation

26 Before making a rule, the board must consult the Indigenous council respecting the extent to which the rule accords with the principles set out in

section 7 (

b) and (c) [guiding principles] .

General rule-making authority of board

(1) The board may make any rules that it considers necessary or advisable for the performance of the duties of the regulator under

section 6 (1) [duties of regulator] .

(2) The authority to make rules under another provision of this Act does not limit subsection (1).

(3) The board may make different rules for different legal professions.

(4) The board may

(

a) establish classes of licences, persons, entities, things, activities, transactions or circumstances, and

(

b) make different rules for different licences, persons, entities, things, activities, transactions or circumstances and for different classes of licences, persons, entities, things, activities, transactions or circumstances.

(5) A rule made under this Act may adopt by reference, in whole or in part and with any changes the board considers appropriate, a regulation, code, standard or rule

(

a) enacted as or under the law of another jurisdiction, including a foreign jurisdiction, or

(

b) set by a provincial, national or international body or any other body that makes regulations, codes, standards or rules.

(6) Unless stated otherwise, a regulation, code, standard or rule referred to in subsection (5) is adopted as amended from time to time.

Rules respecting directors

(1) The board may make rules respecting directors.

(2) Without limiting subsection (1), the board may make rules as follows:

(

a) establishing procedures for the election of directors under

section 8 (1) (a), (

b) or (c) [board of directors] ;

(

b) establishing a process for the screening of candidates in the election of directors;

(

c) establishing regions for the election of directors;

(

d) respecting the involvement of limited practice licensees in the election of directors;

(

e) respecting terms of office for elected directors, including the staggering of terms of office;

(

f) establishing a process for the screening and nomination of persons to be appointed under

section 8 (1) (e);

(

g) respecting terms of office for directors appointed under

section 8 (1) (c) (

i) and (e), including the staggering of terms of office;

(

h) establishing procedures for the appointment of a chair and specifying the term of office, powers and duties of the chair;

(

i) establishing procedures for the filling of vacancies among directors elected under

section 8 (a), (

b) or to (c) (ii) and directors appointed under

section 8 (1) (c) (

i) or (e);

(

j) specifying the circumstances in which a meeting of the board may, in whole or in part, be closed to the public.

Part 4 – Indigenous Council

Indigenous council

(1) The Indigenous council is to consist of the following members appointed by the board following a merit-based process:

(a) 2 members who are directors;

(b) 1 member who is not a director;

(c) 2 to 4 members appointed from among persons nominated by the BC First Nations Justice Council;

(d) 1 to 2 members appointed from among persons nominated by Métis peoples or entities representing Métis peoples.

(2) The members appointed under subsection (1) must

(

a) be Indigenous persons, and

(

b) to the extent possible, collectively reflect the diversity of the Indigenous population of British Columbia.

(3) In making an appointment under subsection (1) (b), (

c) or (d), the board must consider the following:

(

a) the person's experience with and knowledge and understanding of the impact of the justice system on Indigenous persons;

(

b) the person's experience working with organizations that support Indigenous persons;

(

c) the person's knowledge of the Indigenous legal traditions of one or more Indigenous communities;

(

d) the person's ties with one or more Indigenous communities.

(4) A person who, for disciplinary reasons, is suspended or prohibited from practising law is not eligible to be appointed as a member of the Indigenous council.

(5) The members appointed under subsection (1) must have the skills, attributes and experience, if any, identified under

section 31 (b) [policies and procedures of Indigenous council] .

(6) If the board seeks a nomination under subsection (1) (

c) or (

d) of this

section and a nomination is not made within 6 months of the date the nomination is sought, the board may appoint a member without a nomination.

Role of Indigenous council

30 The role of the Indigenous council is to

(

a) advise, and work in collaboration with, the board, the chief executive officer, the person appointed under

section 22 (1) [reconciliation initiatives] and the tribunal chair on any matter relating to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples in the context of the regulation of the practice of law in British Columbia, including the following matters:

(

i) the incorporation of Indigenous legal traditions and Indigenous practices into the practices and procedures of the regulator and of the tribunal;

(ii) the systemic challenges faced by Indigenous persons that require investigation and action by the regulator,

(

b) advise on the following matters:

(

i) a matter which, under this Act, requires consultation with the Indigenous council;

(ii) a matter referred to the Indigenous council by the board or the chief executive officer,

(

c) participate in the regulator's strategic planning processes,

(

d) advise the board on the appointment of Indigenous members of the licensing committee, the discipline committee and the tribunal, and

(

e) exercise the approval powers conferred on the Indigenous council by this Act.

Policies and procedures of Indigenous council

31 The Indigenous council may do the following:

(

a) establish policies and procedures for the meetings of the Indigenous council, including policies and procedures that incorporate Indigenous legal traditions and practices;

(

b) identify the desired skills, attributes and experience, in addition to those described in

section 29 [Indigenous council] , of persons to be appointed as members of the Indigenous council;

(

c) establish procedures for the appointment of a chair from among the members of the Indigenous council.

Remuneration of members of Indigenous council

32 The regulator must remunerate members of the Indigenous council at the rates established by the board for the remuneration of directors and reimburse them for reasonable travel expenses and out-of-pocket expenses.

Meetings

(1) The Indigenous council must meet at least 3 times per year.

(2) Members of the Indigenous council may attend and speak at any meeting of the board, including a meeting, or part of a meeting, that is closed to the public.

(3) If a member of the Indigenous council attends a meeting of the board, the regulator must, in accordance with

section 32, remunerate the member for the member's attendance.

Independent review

(1) The Indigenous council must appoint a person it considers qualified to do the following at the expense of the regulator:

(

a) conduct a review of the extent to which this Act, the regulations and the rules accord with the principles set out in

section 7 (

b) and (c) [guiding principles] ;

(

b) at the conclusion of the review and no later than 3 years after the date this

section comes into force, provide a report, with recommendations, to the Indigenous council and the board.

(2) Before making an appointment under subsection (1), the Indigenous council must consult with the chair of the board and with the chief executive officer.

(3) After receiving a report under subsection (1) (b), the Indigenous council and the board,

(

a) may prepare a response to the report, and

(

b) must provide the report, with the response prepared under paragraph (a), if any, to the Attorney General.

(4) After receiving a report under subsection (3) (b), the Attorney General must

(

a) promptly table the report in the Legislative Assembly if it is then sitting, or, if the Legislative Assembly is not sitting, file the report with the Clerk of the Legislative Assembly, and

(

b) publish the report by posting it on a publicly available website.

Part 5 – Licensing and Authority to Practise

Division 1 – Practice of Law

Practice of law

(1) For the purposes of this Act, a person practises law if the person, for the benefit of or at the request of another person, performs an activity that

(

a) involves the application of legal principles and legal judgment to the circumstances or objectives of the other person, and

(

b) requires the knowledge and skill of a person trained in the law.

(2) Without limiting subsection (1), the practice of law includes the following activities:

(

a) giving advice with respect to the legal rights or obligations of another person;

(

b) drafting, revising or completing legal documents that affect the legal rights or obligations of another person;

(

c) representing another person in any of the following:

(

i) a court or administrative tribunal proceeding;

(ii) a formal dispute resolution process;

(iii) any other proceeding in which legal pleadings are filed or a record is established as the basis for judicial review;

(iv) the negotiation of legal rights and obligations.

Provision of legal information

36 A person does not practise law only because the person provides legal information to another person.

Division 2 – Authority to Practise Law

Unauthorized practice of law

(1) Subject to

section 38, a person must not practise law in British Columbia unless the person holds a licence issued under Division 4 [Licensing and Enrolment] of this Part.

(2) Subject to

section 38, a person must not practise law if the person is

(

a) a non-practising licensee,

(

b) a licensee whose licence is suspended, or

(

c) a person who, for disciplinary reasons, is suspended or prohibited from practising law in another jurisdiction.

Exceptions from prohibition against unauthorized practice

(1) Section 37 does not apply to any of the following persons:

(

a) a person who practises law as permitted under an enactment of British Columbia or Canada;

(

b) a trainee who practises law as permitted by the rules;

(

c) a person who

(

i) is employed by a licensee, a law firm, a law corporation or the government,

(ii) acts under the supervision of a practising licensee, and

(iii) practises law as permitted by the rules;

(

d) subject to subsection (2), a person who practises law without expectation of a fee, gain or reward, direct or indirect, from the person for whose benefit the person practises law, unless the person is, for disciplinary reasons,

(

i) a licensee whose licence is suspended,

(ii) a person whose licence is cancelled, or

(iii) a person who is suspended or prohibited from practising law in another jurisdiction;

(

e) a public officer performing the public officer's duties as a public officer;

(

f) a person authorized to practise law in another jurisdiction who is authorized, in accordance with the rules, to practise law in British Columbia and who practises law in accordance with the rules;

(

g) a practitioner of foreign law who is authorized, in accordance with the rules, to practise law in British Columbia and who practises law in accordance with the rules;

(

h) a non-practising licensee who practises law in accordance with the rules;

(

i) a person in a class of persons prescribed under

section 212 [regulations respecting exceptions] .

(2) A person described in subsection (1) (

d) who is not a licensee may represent another person

(

a) in a court proceeding only with leave of the court, and

(

b) in an administrative tribunal proceeding only as permitted by the administrative tribunal.

Officers of court

39 A licensee is an officer of any court in British Columbia in which a licence permits the licensee to appear.

Reserved titles

(1) A person must not use the title "lawyer" unless the person is a lawyer.

(2) A person must not use the title "Notary Public in and for the Province of British Columbia" or "notary public" unless the person is

(

a) a notary public, or

(

b) a lawyer.

(3) A person must not use the title "regulated paralegal" unless the person is a regulated paralegal.

(4) A person must not use a title reserved by a regulation made under

section 4 [regulations designating legal professions] unless the person is a licensee who practises the legal profession, designated by that regulation, for which the title is reserved.

False representation

41 A person must not falsely represent themselves or any other person as being

(

a) a licensee,

(

b) a trainee, or

(

c) a person described in

section 38 (1) [exceptions from prohibition against unauthorized practice] .

Restrictions for licensee with suspended or cancelled licence

(1) The Supreme Court, on application by the chief executive officer, may make an order described in subsection (2) in relation to any of the following persons:

(

a) a licensee whose licence is suspended under

section 59 [summary orders] ;

(

b) a person whose licence is suspended or cancelled under

Part 6 [Professional Conduct, Competence and Discipline] ;

(

c) a person whose licence is suspended or cancelled under

Part 8 [Tribunal Proceedings] ;

(

d) a person who, for disciplinary reasons, is suspended or prohibited from practising law in another jurisdiction;

(

e) a licensee who, for disciplinary reasons, has surrendered the licensee's licence.

(2) In an order under subsection (1), the court may prohibit a person from acting as any of the following:

(

a) a personal representative of a deceased person;

(

b) a trustee of the estate of a deceased person;

(

c) a committee under the Patients Property Act ;

(

d) an attorney under

Part 2 of the Power of Attorney Act ;

(

e) a representative under the Representation Agreement Act .

Appointment of notaries by Lieutenant Governor in Council

(2) An appointment and commission under this

section confers on the person appointed the powers to perform the following activities:

(

a) administer oaths;

(

b) take affidavits, declarations and acknowledgements;

(

c) attest instruments by the person's seal;

(

d) give notarial certificates of the person's acts.

(3) An appointment and commission under this

section may impose limits on the person's exercise of the powers listed in subsection (2).

(4) A person appointed under this

section is not, by virtue of the appointment, a licensee under this Act.

Rules respecting authority to practise

44 The board may make rules as follows:

(

a) specifying the activities persons practising law under

section 38 (1) (c) [exceptions from prohibition against unauthorized practice] may perform in the course of practising law;

(

b) describing the circumstances in which persons described in

section 38 (1) (

f) to (

h) may be authorized to practise law;

(

c) specifying the activities persons authorized to practise law under paragraph (

b) of this

section may perform in the course of practising law.

Division 3 – Scopes of Practice

Lawyers scope of practice

45 Subject to any rules made under

section 65 [restricted areas of practice] , a licence to practise law as a lawyer permits a licensee to perform, in the course of practising law, all activities described in

section 35 [practice of law] .

Notaries public scope of practice

(1) A licence to practise law as a notary public permits a licensee to perform, in the course of practising law, the following activities:

(

a) drafting, revising, completing or filing the following legal documents:

(

i) instruments required to complete a property transaction, including those relating to real or personal property, that are intended, permitted or required to be registered, recorded or filed in a registry or other public office in British Columbia;

(ii) contracts, charter parties and other mercantile instruments;

(iii) wills

(

A) by which the will-maker directs the will-maker's estate to be distributed immediately on death,

(

B) that provide that if the beneficiaries named in the will predecease the will-maker, there is a gift over to alternative beneficiaries vesting immediately on the death of the will-maker, or

(

C) that provide for the assets of the deceased to vest in the beneficiary or beneficiaries as members of a class no later than the date on which the beneficiary or beneficiaries or the youngest of the class attains the age of 25;

(iv) instruments

(

A) for the purposes of the Representation Agreement Act ,

(

B) relating to health care for the purposes of making advance directives, as defined in the Health Care (Consent) and Care Facility (Admission) Act , or

(

C) for the purposes of the Power of Attorney Act ;

(

v) affidavits that may be or are required to be administered, sworn or made by the laws of British Columbia, another province, Canada or another country;

(

b) attesting or protesting all commercial or other instruments brought before the notary public for attestation or public protestation;

(

c) administering oaths;

(

d) an activity described in

an Act that specifically authorizes or requires a notary public to perform the activity;

(

e) an activity, if any, prescribed under

section 213 (1) [regulations respecting scopes of practice] ;

(

f) an activity, if any, specified in a rule made under

section 48 (1) (a) [rules respecting scopes of practice] .

(2) In the course of performing the activities listed in subsection (1) of this section, a notary public may do the following:

(

a) give advice with respect to the legal rights or obligations of a person;

(

b) draft, revise or complete legal documents that affect the legal rights or obligations of a person;

(

c) represent a person in the negotiation of the person's legal rights or obligations.

Regulated paralegals scope of practice

(1) Subject to subsection (2), a licence to practise law as a regulated paralegal permits a licensee to perform, in the course of practising law, the following activities:

(

a) an activity prescribed under

section 213 (1) [regulations respecting scopes of practice] ;

(

b) an activity specified in a rule made under

section 48 (1) (b).

(2) If the Lieutenant Governor in Council establishes classes of regulated paralegals and prescribes activities for each class, a licence to practise law as a regulated paralegal permits a licensee to perform, in the course of practising law, the activities prescribed for the class or classes to which the licensee belongs.

Rules respecting scopes of practice

(1) The board may make rules as follows:

(

a) specifying activities for the purposes of

section 46 (1) (f);

(

b) specifying activities for the purposes of

section 47 (1) (b);

(

c) specifying activities, in addition to the activities prescribed under

section 4 (3) (a) [regulations designating legal professions] , a licence to practise a legal profession designated under

section 4 (1) permits a licensee to perform.

(2) If the board establishes classes of regulated paralegals and specifies activities for each class, a licence to practise law as a regulated paralegal permits a licensee to perform, in the course of practising law, the activities prescribed for the class or classes to which the licensee belongs.

Division 4 – Licensing and Enrolment

Definitions

49 In this Division, "application" means an application for a licence under

section 52 [licence to practise legal profession] or 53 [limited practice licence] .

Eligibility requirements for licence or enrolment

(1) The board must establish eligibility requirements for a licence and for enrolment as a trainee.

(2) Eligibility requirements established under subsection (1) may include the following:

(

a) education, training, experience and other qualifications;

(

b) examinations and assessments;

(

c) evidence of a person's suitability for the practice of law.

Licensing committee

(1) The board may establish a licensing committee for the following purposes to be carried out in the circumstances described in the rules:

(

a) reviewing applications;

(

b) issuing licences;

(

c) reviewing requests under the rules for enrolment as a trainee;

(

d) enrolling trainees.

(2) If established, the licensing committee must include the following members appointed by the board:

(

a) at least one member of the public;

(

b) at least one Indigenous person, who may be a licensee or a member of the public;

(

c) for each legal profession whose total membership is 50 or more, at least one person who is licensed to practise that legal profession.

(3) A director is not eligible to be appointed as a member of the licensing committee.

(4) A former director is not eligible to be appointed as a member of the licensing committee until one year after the date on which the former director ceased to be a director.

(5) If a licensing committee is established, the board must appoint a chair of the licensing committee from among the members appointed under subsection (2).

(6) The chair of the licensing committee may appoint panels for the review of an application or request for enrolment as a trainee.

(7) A panel appointed under subsection (6) must include at least 3 members, one of whom must be a person who is not licensed to practise the same legal profession as that the applicant seeks to practise.

Licence to practise legal profession

(1) A person may apply for a licence to practise a legal profession by

(

a) submitting to the chief executive officer an application in the form and manner required by the chief executive officer, and

(

b) paying the application fee established by the board.

(2) On receiving an application under subsection (1), the chief executive officer or, if required by the rules, the licensing committee must do one of the following:

(

a) if satisfied that the applicant meets the eligibility requirements established under

section 50 (1) [eligibility requirements for licence or enrolment] , approve the application;

(

b) approve the application subject to limits or conditions on the licence, with written reasons;

(

c) deny the application, with written reasons.

(3) A decision under subsection (2) must

(

a) be delivered to the applicant, and

(

b) if the decision is to approve the application subject to limits or conditions or to deny the application, inform the applicant of the right to apply, no later than 30 days after the date the decision is received by the applicant, for a review of the decision under

section 55 [review of licensing or enrolment decision] .

(4) The chief executive officer or the licensing committee, as applicable, may, on application or on the initiative of the chief executive officer or the licensing committee, vary or remove a limit or condition imposed under subsection (2) (

b) of this section.

Limited practice licence

(1) A person may, in the manner described in subsection (2), apply for a limited practice licence if the person

(

a) is not a licensee and seeks to engage in the limited practice of law by performing one or more activities described in

section 35 [practice of law] ,

(

b) is a notary public and seeks to perform, in the course of practising law, one or more activities described in

section 35 that are not described in

section 46 [notaries public scope of practice] , prescribed under

section 213 (1) [regulations respecting scopes of practice] or specified in a rule made under

section 48 (1) (a) [rules respecting scopes of practice] ,

(

c) is a regulated paralegal and seeks to perform, in the course of practising law, one or more activities described in

section 35 that are not prescribed under

section 213 (1) or specified in a rule made under

section 48 (1) (b),

(

d) is licensed to practise a legal profession designated under

section 4 [regulations designating legal professions] and seeks to perform, in the course of practising law, one or more activities described in

section 35 that are not prescribed under

section 4 (3) or specified in a rule made under

section 48 (c), or

(

e) is a limited practice licensee and seeks to perform, in the course of practising law, one or more activities described in

section 35 that are not already specified in the limited practice licence held by the person.

(2) A person described in subsection (1) of this

section may apply for a limited practice licence by

(

a) submitting to the chief executive officer an application in the form and manner required by the chief executive officer, and

(

b) paying the application fee established by the board.

(3) On receiving an application under subsection (2), the chief executive officer or, if required by the rules, the licensing committee must do one of the following:

(

a) if satisfied that the applicant meets the eligibility requirements established under

section 50 (1) [eligibility requirements for licence or enrolment] , approve the application;

(

b) approve the application subject to limits or conditions on the limited practice licence, with written reasons;

(

c) deny the application, with written reasons.

(4) A decision under subsection (3) must

(

a) be delivered to the applicant, and

(

b) if the decision is to approve the application subject to limits or conditions or to deny the application, inform the applicant of the right to apply, no later than 30 days after the date the decision is received by the applicant, for a review of the order under

section 55 [review of licensing or enrolment decision] .

(5) The chief executive officer or the licensing committee, as applicable, may, on application or on the initiative of the chief executive officer or the licensing committee, vary or remove a limit or condition imposed under subsection (3) (b).

(6) A limited practice licence must specify the activities the limited practice licensee may perform in the course of practising law.

False, misleading or incomplete application

(1) The chief executive officer may reconsider a licensee's application if the chief executive officer has reasonable grounds to believe that the licensee

(

a) made a false or misleading statement respecting the licensee's eligibility under

section 50 [eligibility requirements for licence or enrolment] in or in relation to the application, or

(

b) deliberately submitted an incomplete application.

(2) Following a reconsideration under subsection (1), the chief executive officer must do one of the following:

(

a) if satisfied that the licensee meets the eligibility requirements established under

section 50 (1), confirm the approval of the application;

(

b) confirm the approval of the application subject to limits or conditions on the licence, with written reasons;

(

c) rescind the approval of the application and cancel the licence, with written reasons.

(3) A decision under subsection (2) must

(

a) be delivered to the licensee whose licence is the subject of the decision, and

(

b) if the decision is to confirm the approval of the application subject to limits or conditions or to rescind the approval of the application, inform the licensee of the right to apply, no later than 14 days after the date the decision is received by the licensee, for a review of the decision.

(4) At any time during a reconsideration under subsection (1), the chief executive officer may, by order, suspend the licence until the chief executive officer makes a decision under subsection (2).

(5) An order under subsection (4) must

(

a) be in writing,

(

b) include reasons for the order,

(

c) be delivered to the licensee subject to the order, and

(

d) inform the licensee of the right to apply, no later than 14 days after the date the order is received by the licensee, for a review of the order.

(6) An order under subsection (4) is not effective until the date the order is received by the licensee subject to the order.

Review of licensing or enrolment decision

(1) An applicant or licensee may apply to the tribunal for a review of the following:

(

a) a decision denying the applicant's application;

(

b) a decision approving the applicant's application subject to limits or conditions;

(

c) a decision varying a limit or condition imposed on the licensee's licence;

(

d) a decision confirming the approval of the licensee's application subject to limits and conditions under

section 54 (2) (b);

(

e) a decision cancelling the licensee's licence under

section 54 (2) (c);

(

f) an order suspending the licensee's licence under

section 54 (4).

(2) A person seeking enrolment under the rules as a trainee may, no later than 30 days after the date the decision is received by the person, apply to the tribunal for a review of a decision

(

a) denying the person's request for enrolment as a trainee, or

(

b) enrolling the person as a trainee subject to limits or conditions.

(3) On receiving an application under subsection (1) or (2), the tribunal must hold a licensing hearing under

Part 8 [Tribunal Proceedings] .

Annual fee

(1) Subject to subsections (3) and (4), a licensee must, each year, pay to the regulator an annual fee consisting of

(

a) a practice fee in the amount set by the board, and

(

b) the indemnity fee, unless the licensee is exempt from paying the indemnity fee under a rule made under

section 143 (2) (c) [rules respecting indemnification] .

(2) A licensee must pay the annual fee described in subsection (1) by the date specified by the chief executive officer.

(3) A licensee whose licence is suspended under this Act, or a non-practising licensee, must, by the date specified by the chief executive officer, pay the annual fee set by the board for suspended licensees or non-practising licensees, as applicable.

(4) A licensee may be exempt from paying all or part of the annual fee in accordance with any rules made under

section 62 (2) (d) [rules respecting licences] .

(5) The board may establish special fees to be paid by licensees and applicants for the purposes of the regulator.

Duties of licensees

57 In the course of practising law, a licensee must

(

a) perform only the activities permitted by the licensee's licence, and

(

b) comply with any limit or condition imposed on the licence.

Duties of trainees

58 In the course of practising law, a trainee must

(

a) perform only the activities permitted by the rules, and

(

b) comply with any limit or condition imposed on the trainee's enrolment as a trainee.

Summary orders

(1) The chief executive officer may make an order against a licensee or law firm that fails to do any of the following:

(

a) pay the annual fee or a special fee established under

section 56 [annual fee] by the date specified by the chief executive officer;

(

b) cooperate with an investigation under this Act;

(

c) meet the requirements referred to in

section 69 [continuing competence and education requirements] ;

(

d) comply with a requirement imposed under a rule made under

section 74 [rules respecting competence, professional conduct and financial responsibility] ;

(

e) cooperate with a practice review ordered under

section 87 (1) (b) [professional conduct orders] or 88 (1) (a) [competence orders] ;

(

f) complete or provide proof of completion of a remedial program required in an order under

section 87 (1) (

c) or 88 (1) (b);

(

g) receive counselling or medical treatment, including treatment for a substance use problem or substance use disorder, as required in an order made under

section 88 (1) (c);

(

h) pay a fine imposed under

section 87 (1) (

e) by the date it is due;

(

i) pay a fine imposed under

section 122 (3) (

e) or (5) (d) [actions after discipline hearing] by the date it is due;

(

j) complete or provide proof of completion of a remedial program required to be completed under

section 122 (3) (c) (i);

(

k) pay costs ordered under

section 73 (3) [practice reviews] or 125 [costs] .

(2) In an order made against a licensee or law firm under subsection (1) of this section, the chief executive officer may impose limits or conditions on the licensee's licence or on the permit of the law firm or suspend the licensee's licence or the permit of the law firm

(

a) for a specified period,

(

b) until the licensee or law firm remedies the failure that is the subject of the order,

(

c) from a specified date until the licensee or law firm remedies the failure that is the subject of the order, or

(

d) for a specified minimum period and until the licensee or law firm remedies the failure that is the subject of the order.

(3) Subject to the rules, the chief executive officer may apply to the tribunal for an order cancelling the licence of a licensee or the permit of a law firm described in subsection (1).

(4) Before the chief executive officer makes an application under subsection (3), the chief executive officer must

(

a) deliver notice of the application to the licensee or law firm that is the subject of the application, and

(

b) inform the licensee or law firm of the right to make submissions to the tribunal on the application.

Prohibition against licence surrender

60 A licensee who is the subject of an investigation, a professional conduct order or a citation may not surrender the licensee's licence without the consent of the chief executive officer.

Registry

61 The chief executive officer must establish and maintain on a publicly available website a registry in which, subject to any rules made under

section 62 (2) (f), the following information must be entered:

(

a) the name of each licensee;

(

b) the business telephone number and business email address of each practising licensee;

(

c) the class of licence each licensee holds;

(

d) a notation of any limits or conditions imposed on a licence;

(

e) a notation of each suspension or cancellation of a licence under this Act;

(

f) a notation of each suspension or disbarment under the Legal Profession Act , and of each suspension or termination of membership under the Notaries Act , in relation to a licensee, if the suspension, disbarment or termination was made public before the coming into force of this section;

(

g) a notation of each disciplinary action, other than an action described in paragraph (f), taken in relation to a licensee under the Legal Profession Act or the Notaries Act , if the information was made public before the coming into force of this section;

(

h) any additional information required by the rules.

Rules respecting licences

(1) The board may make rules respecting licences.

(2) Without limiting subsection (1), the board may make rules as follows:

(

a) specifying the circumstances in which an application must be considered by the licensing committee;

(

b) specifying the limits and conditions that may be imposed on licences under

section 52 (2) (b) [licence to practise legal profession] or 53 (3) (b) [limited practice licence] and establishing a process for varying or removing a limit or condition;

(

c) establishing requirements and procedures for the transition from a practising licence to a non-practising licence and from a non-practising licence to a practising licence;

(

d) respecting exemptions for the purpose of

section 56 (4) [annual fee] ;

(

e) for the purpose of

section 56, allowing for the payment of the annual fee by instalments;

(

f) for the purpose of

section 61,

(

i) specifying any additional information to be entered into the registry, including information in relation to former licensees,

(ii) establishing a period during which information in relation to a licensee or former licensee must be included in the registry, and

(iii) establishing exceptions to the application of

section 61.

Rules respecting trainees

(1) The board may make rules respecting trainees.

(2) Without limiting subsection (1), the board may make rules as follows:

(

a) establishing procedures for enrolment of a person as a trainee;

(

b) specifying the circumstances in which a request for enrolment as a trainee must be considered by the licensing committee;

(

c) establishing the enrolment fee for each class of trainee;

(

d) establishing, maintaining or endorsing education programs for trainees;

(

e) specifying the limits and conditions that may be imposed on the enrolment of a person as a trainee;

(

f) specifying the activities that trainees of each class may perform in the course of practising law.

Rules respecting practice specialties

(1) The board may make rules respecting the recognition of specialties in one or more areas of the practice of law.

(2) Without limiting subsection (1), the board may make rules as follows:

(

a) designating practice specialties, including a specialty in providing legal services to Indigenous clients, and providing that licensees or law firms must not hold themselves out as a specialist in an area or type of practice unless they are qualified and certified in accordance with a rule made under paragraph (b);

(

b) providing for the qualification and certification of licensees in a practice specialty designated under paragraph (a).

Rules respecting restricted areas of practice

(1) The board may make rules respecting restricted areas of practice for lawyers.

(2) Without limiting subsection (1), the board may make rules as follows:

(

a) designating restricted areas of practice and providing that lawyers must not practise law in a restricted area of practice unless they are qualified in accordance with a rule made under paragraph (b);

(

b) providing for the qualification of lawyers in a restricted area of practice designated under paragraph (a).

(3) The board must make rules respecting the qualifications a licensee must have to do any of the following in relation to a family law dispute as defined in

section 1 of the Family Law Act :

(

a) conduct a mediation;

(

b) conduct an arbitration;

(

c) act as a parenting coordinator as defined in

section 1 of that Act.

Rules respecting disclosure in public interest

66 The board may make rules authorizing the chief executive officer to disclose to the public certain information relating to a licensee, trainee or law firm if the chief executive officer is satisfied that it is in the public interest to do so.

Rules respecting undertakings

67 The board may make rules respecting the giving and acceptance of undertakings.

Part 6 – Professional Conduct, Competence and Discipline

Division 1 – Professional Conduct and Competence

Definitions

68 In this Part:

"conduct unbecoming a professional" means conduct in the professional, personal or private capacity of a licensee, trainee or law firm that brings a legal profession into disrepute, including the following:

(

a) committing an illegal act that reflects adversely on the licensee's or trainee's honesty, trustworthiness or fitness as a licensee or trainee;

(

b) taking improper advantage of the vulnerability of a person;

(

c) engaging in conduct involving dishonesty or conduct that undermines the administration of justice;

"incompetently" , in relation to the practice of law, means in a manner that demonstrates either of the following:

(

a) deficiencies, in any of the following, that give rise to a reasonable apprehension that the quality of service to clients of a licensee or law firm may be significantly adversely affected:

(

i) the knowledge, skill or judgment of the licensee or law firm;

(ii) the attention to the interests of clients of the licensee or law firm;

(iii) the records, systems or procedures of the professional business of the licensee or law firm;

(iv) other aspects of the professional business of the licensee or law firm;

(

b) a health condition that prevents a licensee from practising law with reasonable skill and competence;

"professional conduct violation" means any of the following:

(

a) an act that contravenes this Act, the rules or the code of professional conduct in a manner that does not constitute professional misconduct or conduct unbecoming a professional;

(

b) an act that constitutes professional misconduct;

(

c) an act that constitutes conduct unbecoming a professional;

"professional misconduct" means conduct in a licensee's professional capacity, or conduct by a law firm, that constitutes a marked departure from the standards of professional conduct established under this Act, in the rules and in the code of professional conduct.

Continuing competence and education requirements

69 A licensee must meet all applicable requirements established in the rules for the continuing competence and education of licensees.

Code of professional conduct

70 The board must establish a code of professional conduct for licensees.

Professional conduct and competence requirements

(1) A licensee, law firm or trainee must practise law in accordance with the following:

(

a) all applicable requirements of professional conduct established in this Act and the rules;

(

b) the code of professional conduct.

(2) A licensee, law firm or trainee must not

(

a) engage in conduct that constitutes professional misconduct or conduct unbecoming a professional, or

(

b) practise law incompetently.

Assistance programs

72 The board may take any steps it considers advisable to promote and improve the standard of practice by licensees and trainees, including establishing, maintaining and supporting the following:

(

a) programs for the legal education of licensees and trainees;

(

b) programs to assist licensees and trainees in managing or avoiding personal, emotional or health issues;

(

c) programs to assist licensees and trainees with issues arising from their practice of law;

(

d) programs to grant scholarships, bursaries or loans to persons engaged in a program of legal education;

(

e) the provision of funding and other assistance to establish or maintain law libraries in British Columbia;

(

f) programs providing for the publication of court and other legal decisions and of legal resource materials.

Practice reviews

(1) In a practice review authorized by a rule made under

section 74 (3) (b) (iii) or ordered under

section 87 (1) (b) [professional conduct orders] , 88 (1) (a) [competence orders] or 122 (3) (

b) or (5) (b) [actions after discipline hearing] , the chief executive officer may do any of the following for the purpose of identifying any deficiencies in the practice, conduct or competence of a licensee or law firm:

(

a) by written notice, require the licensee or law firm to cooperate with the review, answer questions and provide access to information, records, books or accounts in the custody or under the control of the licensee or law firm;

(

b) direct an assessor or other authorized person to prepare a report of the findings of the review and to provide the report to the chief executive officer and to the licensee or law firm whose practice was reviewed;

(

c) impose limits or conditions on the licence of the licensee or on the permit of the law firm, including the following:

(

i) restricting the activities the licensee or law firm may perform in the course of practising law;

(ii) requiring that the licensee or law firm be overseen, while practising law, by another licensee or law firm;

(iii) requiring that the licensee or law firm undertake additional training.

(2) On receiving a report prepared under subsection (1) (b), the chief executive officer may conduct an investigation if findings contained in the report indicate that the licensee or law firm may have committed a professional conduct violation or practised law incompetently.

(3) The chief executive officer may, by order, require a licensee or law firm whose practice has been reviewed to pay the costs of the review if an order is made against the licensee or law firm under Division 3 [Discipline] of this Part or under

section 122.

(4) An order under subsection (3) must be in writing.

(5) Costs ordered under subsection (3) must be paid to the regulator.

Rules respecting competence, professional conduct and financial responsibility

(1) The board must make rules respecting competence, professional conduct and financial responsibility.

(2) Without limiting subsection (1), the board must make rules establishing requirements for the continuing competence and education of licensees, including requirements for Indigenous cultural competency training.

(3) Without limiting subsection (1), the board may make rules as follows:

(

a) establishing standards for financial responsibility relating to the financial integrity and financial viability of the professional practice of a licensee or law firm;

(

b) authorizing the chief executive officer to do any of the following for the purposes of routinely or randomly determining the competence of licensees or law firms and their compliance with this Act, the rules and the code of professional conduct:

(

i) examine the records of a licensee or law firm;

(ii) require a licensee or law firm to answer questions;

(iii) conduct a practice review of a licensee or law firm.

Division 2 – Complaints and Investigations

Definitions and application

(1) In this Division and in Division 3 [Discipline] :

"licensee" includes a former licensee;

"trainee" includes a former trainee.

(2) In the case of a former licensee or former trainee, the application of this Division and Division 3 is limited to the period during which the former licensee or former trainee acted as a licensee or trainee.

Complaints

(1) A person may make a complaint to the chief executive officer if the person believes that a licensee, trainee or law firm

(

a) may have committed a professional conduct violation, or

(

b) may have practised law incompetently.

(2) A complaint must be made in accordance with the rules.

(3) The chief executive officer may dismiss a complaint without an investigation if the chief executive officer determines that the complaint

(

a) is frivolous, vexatious, trivial or is not made in good faith,

(

b) is not within the jurisdiction of the regulator, or

(

c) does not contain allegations that, if admitted or proven, would constitute a professional conduct violation or the incompetent practice of law.

(4) The chief executive officer must

(

a) if the complaint leads to an investigation, provide regular updates to the complainant on the progress of the investigation, and

(

b) inform the complainant of the final resolution of the complaint.

Investigations

(1) On receiving a complaint, and unless the complaint is dismissed under

section 76 (3), the chief executive officer must conduct an investigation to determine whether the licensee, trainee or law firm that is the subject of the complaint

(

a) has committed a professional conduct violation, or

(

b) has practised law incompetently.

(2) The chief executive officer may, on the chief executive officer's own initiative, conduct an investigation to determine whether a licensee, trainee or law firm

(

a) has committed a professional conduct violation, or

(

b) has practised law incompetently.

(3) A licensee, trainee or law firm that is the subject of an investigation must cooperate with the investigation.

Entry and inspection

(1) For the purpose of an investigation, the chief executive officer may, subject to any limit or condition established in the rules, do any of the following without a warrant:

(

a) during business hours, enter the business premises in which a licensee, trainee or law firm practises law;

(

b) inspect or examine the records, or any other thing, of a licensee, trainee or law firm that relate to the practice of law by the licensee, trainee or law firm;

(

c) observe the practice of law by the licensee, trainee or law firm or the licensee's supervision of the practice of law.

(2) Despite subsection (1), the chief executive officer may enter business premises located in the private residence of a licensee or trainee only with the consent of the licensee or trainee or under the authority of a warrant issued under

section 79 (3).

(3) For the purpose of an investigation, the chief executive officer may order a licensee, a trainee, the representative of a law firm or any other person who may have information or records that are relevant to the investigation to do one or more of the following:

(

a) attend, in person or by electronic means, before the chief executive officer to answer questions on oath or in any other manner;

(

b) provide written answers to written questions;

(

c) produce for the chief executive officer a record or thing in the custody or under the control of the licensee, trainee , or law firm or person .

(4) The chief executive officer may apply to the Supreme Court for an order directing a person subject to an order under subsection (3) to comply with the order.

(5) In granting an order under subsection (4), the court may do the following:

(

a) modify an order under subsection (3);

(

b) make an order for costs of the proceeding.

(6) If a licensee, a trainee or the representative of a law firm fails to comply with an order under subsection (3), the chief executive officer may make an order suspending the licensee's licence, the trainee's enrolment as a trainee or the permit of the law firm until the licensee, trainee or representative complies with the order.

(7) An order under subsection (6) must

(

a) be in writing,

(

b) include reasons for the order,

(

c) specify the duration of the suspension,

(

d) be delivered to the licensee, trainee or law firm subject to the order, and

(

e) inform the licensee, trainee or law firm subject to the order of the right to apply, under subsection (8), for a review of the order.

(8) A licensee, trainee or law firm subject to an order under subsection (6) may, at any time while the order is effective, apply to the tribunal for a review of the order.

Search and seizure

(1) The chief executive officer may apply to the Supreme Court for a warrant authorizing a person named in the order to do one or more of the following:

(

a) at any reasonable time, enter into and search the premises, vehicle, receptacle or place specified in the order and conduct an inspection or examination of any record or thing;

(

b) require the production of any record or thing, wherever located, belonging or relating to a licensee, trainee or law firm and inspect or examine it;

(

c) on giving a receipt, seize and remove any record or thing inspected or examined under paragraph (

a) or (

b) for further inspection or examination.

(2) Unless the court directs otherwise, an application under subsection (1) may be made without giving notice to any person and may be heard in private.

(3) The court may, on application under subsection (1), issue a warrant under this

section if satisfied that there are reasonable grounds to believe that the record or thing contains evidence that a licensee, trainee or law firm

(

a) has engaged in conduct that constitutes professional misconduct or conduct unbecoming a professional, or

(

b) has practised law incompetently.

(4) In a warrant under subsection (3), the court

(

a) must specify the premises, vehicle, receptacle or place to be entered and searched,

(

b) must generally describe any record or thing to be searched for or produced and any record or thing to be inspected, examined or seized,

(

c) may impose any limit or condition the court considers appropriate, including the time of entry, the disposition of any record or thing seized and the access by any person to the record or thing seized, and

(

d) may direct that

section 80 does not apply to a record or thing specified in the order if all limits and conditions included under paragraph (

c) of this subsection are complied with.

(5) Despite a direction under subsection (4) (

d) of this section,

section 80 applies if the person who possessed or controlled the record or thing at the time of the seizure requests in writing that

section 80 be applied to the record or thing seized.

(6) A request under subsection (5) of this

section must be delivered to the chief executive officer by personal service or registered mail no later than 21 days after the seizure.

Detention of things seized

(1) For the purposes of subsection (2), a person who makes a seizure under

section 79 (1) (

c) must report the seizure as soon as practicable to

(

a) the judge who issued the warrant under which the seizure was made, or

(

b) if it is not practicable to make the report to the judge described in paragraph (

a) of this subsection, another judge of the Supreme Court.

(2) On receiving a report under subsection (1) of this section, the judge must,

(

a) unless satisfied that an order under paragraph (

b) of this subsection should be made, order the record or thing that was seized to be returned to its owner or a person entitled to it, or

(

b) if satisfied that the detention is required for the purposes of this Act, order the record or thing to be detained.

(3) A person who conducts an investigation under this Act may make copies of any record detained under subsection (2) of this section.

(4) A document certified by the chief executive officer to be a true copy made under the authority of subsection (3) of this

section is evidence of the nature and content of the original document.

(5) Subject to any limit or condition imposed under

section 79 (4) (c), the person from whom any record or thing is seized under this

section or the owner of the record or thing, if the owner is a different person, may

(

a) inspect the record or thing at any reasonable time, and

(

b) in the case of a record, obtain one copy of the record at the expense of the regulator.

(6) A record may not be detained under this

section for a period longer than 3 months from the time of its seizure unless, before the end of the period,

(

a) the person from whom the record was seized consents to the continued detention of the record, or

(

b) the Supreme Court, on application by the person who made the seizure and after being satisfied that the continued detention is justified, orders the continued detention of the record for a specified period.

Personal records in investigation or seizure

(1) In this section, "personal information" means personal information within the meaning of the Freedom of Information and Protection of Privacy Act .

(2) In conducting an investigation or in seizing records or things in accordance with a warrant under

section 79 (3), the chief executive officer may collect personal information unrelated to the investigation that, in error or incidentally, is contained in the records or other evidence of the licensee, trainee or law firm being investigated.

(3) If the chief executive officer collects personal information as described in subsection (2) of this section, the chief executive officer must

(

a) return the personal information if, and as soon as, practicable, or

(

b) sever the personal information from the records or other evidence containing it.

Regulator request for evidence

(1) On application by the chief executive officer, the Supreme Court may issue a letter of request directed to the judicial authority of a jurisdiction outside British Columbia in which a person is believed to be located, if satisfied that the person may have evidence that may be relevant to an investigation or a hearing under this Act.

(2) A letter of request issued under subsection (1) must be

(

a) signed by a judge of the court, and

(

b) provided to the chief executive officer for use under subsection (5).

(3) A letter of request issued under subsection (1) may request the judicial authority to which it is directed to do one or more of the following:

(

a) order the person who may have evidence to be examined on oath in the manner, at the place and by the date specified in the letter of request;

(

b) in the case of an examination for the purposes of a hearing, order that a person who is a party to the hearing is entitled to

(

i) be present or represented during the examination, and

(ii) examine the person referred to in paragraph (a);

(

c) appoint a person to conduct the examination;

(

d) order the person to be examined to produce at the examination a record or thing specified in the letter of request;

(

e) direct that the evidence obtained by the examination be recorded and certified in the manner specified in the letter of request;

(

f) take any other action that the court considers appropriate.

(4) The failure of a person referred to in subsection (3) (

b) to be present or represented during an examination or to examine the person referred to in subsection (3) (

a) does not prevent the chief executive officer from reading in the evidence from the examination at a hearing if the examination has otherwise been conducted in accordance with the letter of request.

(5) The chief executive officer must send a letter of request issued under subsection (1),

(

a) if the examination is to be held in Canada, to the Deputy Attorney General for the Province of British Columbia, or

(

b) if the examination is to be held outside Canada, to the Under Secretary of State for Global Affairs Canada.

(6) A letter of request must include the following:

(

a) any questions to be put to the person to be examined;

(

b) the name, address and telephone number of the representative or agent of the chief executive officer;

(

c) the name and, if known, the address and telephone number of

(

i) the person to be examined, and

(ii) if applicable, the person entitled under subsection (3) (

b) to be present or represented during the examination and to examine the person referred to in subsection (3) (a);

(

d) if necessary, a translation of the letter of request and any questions into the official language of the jurisdiction where the examination is to take place, along with a certificate of the translator bearing the full name of the translator and certifying that the translation is a true and complete translation.

(7) The chief executive officer must file with the Deputy Attorney General for the Province of British Columbia or with the Under Secretary of State for Global Affairs Canada, as applicable, an undertaking to be responsible for any expense incurred by either of them in relation to the letter of request and to pay them on notification of the amount.

(8) This

section does not limit any power of the chief executive officer to obtain evidence outside British Columbia by any other means.

(9) The making of an order by a judicial authority in accordance with a letter of request issued under subsection (1) does not determine whether evidence obtained under the order is admissible in evidence in a hearing.

(10) Unless provided otherwise by this section, the practice and procedure for obtaining the evidence of a person under this

section is, to the extent possible, the same as the practice and procedure that govern similar matters in civil proceedings in the Supreme Court.

Immunity for persons required to report

(1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a licensee or trainee who makes a report to the regulator in accordance with a rule made under

section 84 (2) (c).

(2) Subsection (1) of this

section does not apply to a person referred to in that subsection in relation to anything done or omitted to be done in bad faith.

Rules respecting complaints and investigations

(1) The board may make rules respecting complaints and investigations.

(2) Without limiting subsection (1), the board may make rules as follows:

(

a) establishing a process for making a complaint under

section 76 [complaints] ;

(

b) authorizing the variation of the process established under paragraph (

a) of this subsection to accommodate the individual circumstances of a complainant;

(

c) specifying the circumstances and manner in which a licensee or trainee must make a report to the regulator respecting another licensee, trainee or law firm;

(

d) respecting the initiation and conduct of an investigation, whether or not a complaint under

section 76 or a report by a licensee or trainee has been received;

(

e) imposing limits or conditions on the exercise by the chief executive officer of the power under

section 78 (1) [entry and inspection] .

Division 3 – Discipline

Interim orders

(1) At any time after an investigation into a matter has begun, the chief executive officer may, by order, do one or more of the following if the chief executive officer considers it necessary in the public interest:

(

a) impose limits or conditions on a licensee's licence;

(

b) suspend a licensee's licence;

(

c) impose limits or conditions on the permit of a law firm;

(

d) suspend the permit of a law firm;

(

e) impose limits or conditions on a trainee's enrolment as a trainee;

(

f) suspend a trainee's enrolment as a trainee;

(

g) require a licensee or trainee to undergo an examination by a medical practitioner in order to determine if the licensee or trainee has sufficient capacity to practise law competently.

(2) The chief executive officer may not make more than one order under subsection (1) in relation to a single matter referred to in that subsection.

(3) An order under subsection (1) must

(

a) be in writing,

(

b) include reasons for the order,

(

c) specify the duration of the order, which must not exceed 3 months,

(

d) be delivered to the licensee, trainee or law firm subject to the order, and

(

e) inform the licensee, trainee or law firm of the right to apply for a review of the order under subsection (9).

(4) An order under subsection (1) is not effective until the date the order is received by the licensee, trainee or law firm who is the subject of the order.

(5) At any time before the expiry of an order under subsection (1), the chief executive officer may apply to the tribunal for an extension of the order.

(6) At any time after the expiry of an order under subsection (1), the chief executive officer may apply to the tribunal for a new order in relation to the matter that is the subject of the original order.

(7) Before the chief executive officer makes an application under subsection (5) or (6), the chief executive officer must

(

a) give the licensee, trainee or law firm who is the subject of the application notice of the application, and

(

b) inform the licensee, trainee or law firm of the right to make submissions to the tribunal on the application.

(8) If the chief executive officer determines that an order under subsection (1) is no longer necessary in the public interest, the chief executive officer must

(

a) cancel or vary the order, and

(

b) as soon as possible, notify, in writing, the licensee or trainee subject to the order of the cancellation or variation.

(9) A licensee or trainee subject to an order under subsection (1) may, at any time while the order is effective, apply to the tribunal for a review of the order.

(10) Unless the licensee or trainee who makes an application under subsection (9) consents to a longer period, the tribunal must hear the application no more than 7 days after receiving it.

Actions after investigation

86 Following an investigation, the chief executive officer may do one or more of the following in respect of a licensee, trainee or law firm that was the subject of the investigation:

(

a) if the chief executive officer determines that the licensee, trainee or law firm has committed a professional conduct violation that does not constitute professional misconduct or conduct unbecoming a professional, make a professional conduct order;

(

b) if the chief executive officer determines that the licensee, trainee or law firm has committed a professional conduct violation that constitutes professional misconduct or conduct unbecoming a professional, submit a citation to the discipline committee;

(

c) if the chief executive officer determines that the licensee, trainee or law firm has practised law incompetently,

(

i) make a competence order, or

(ii) submit a citation to the discipline committee.

Professional conduct orders

(1) If the chief executive officer determines that a licensee, trainee or law firm has committed a professional conduct violation other than professional misconduct or conduct unbecoming a professional, the chief executive officer may, by order, do one or more of the following:

(

a) reprimand the licensee, trainee or law firm;

(

b) require the licensee or law firm to submit to a practice review;

(

c) require the licensee or trainee to complete a remedial program;

(

d) impose limits or conditions on the licensee's licence, the permit of the law firm or the trainee's enrolment as a trainee;

(

e) impose a fine on the licensee, trainee or law firm, for each professional conduct violation, in an amount not exceeding the following:

(i) $10 000 for the first professional conduct violation;

(ii) $20 000 for a subsequent professional conduct violation;

(

f) subject to subsection (2), take any other action the chief executive officer considers appropriate in the circumstances.

(2) In an order under subsection (1) (f), the chief executive officer may not suspend or cancel the licence of a licensee or the permit of a law firm.

(3) Before the chief executive officer makes an order under subsection (1) (b), (c), (d), (

e) or (f), the chief executive officer must

(

a) give the licensee, trainee or law firm who is the subject of the order notice of the proposed order, including written reasons, and

(

b) give the licensee, trainee or law firm a reasonable opportunity to make submissions to the chief executive officer on the proposed order.

(4) An order under subsection (1) must

(

a) be in writing,

(

b) include reasons for the order,

(

c) be delivered to the licensee, trainee or law firm subject to the order, and

(

d) inform the licensee, trainee or law firm of the right, if applicable, to apply for a review of the order under subsection (6).

(5) An order under subsection (1) is not effective until the date the order is received by the licensee, trainee or law firm subject to the order.

(6) A licensee, trainee or law firm subject to an order under subsection (1) (d), (

e) or (

f) may, no later than 14 days after the date the order is received, apply to the tribunal for a review of the order.

Competence orders

(1) If the chief executive officer determines that a licensee, trainee or law firm has practised law incompetently, the chief executive officer may, by order, do one or more of the following:

(

a) require the licensee to submit to a practice review;

(

b) require the licensee or trainee to complete a remedial program;

(

c) require the licensee or trainee to receive counselling or medical treatment, including treatment for a substance use problem or substance use disorder;

(

d) impose limits or conditions on the licensee's licence or on the trainee's enrolment as a trainee;

(

e) suspend the licensee's licence, the permit of the law firm or the trainee's enrolment as a trainee

(

i) for a specified period,

(ii) until the licensee or trainee meets a requirement imposed under paragraph (a), (

b) or (

c) or a condition imposed under paragraph (d),

(iii) from a specified date until the licensee or trainee meets a requirement imposed under paragraph (a), (

b) or (

c) or a condition imposed under paragraph (d), or

(iv) for a specified minimum period and until the licensee or trainee meets a requirement imposed under paragraph (a), (

b) or (

c) or a condition imposed under paragraph (d);

(

f) subject to subsection (2), take any other action the chief executive officer considers appropriate in the circumstances.

(2) In an order under subsection (1) (f), the chief executive officer may not cancel the licence of a licensee or the permit of a law firm.

(3) Before the chief executive officer makes an order under subsection (1), the chief executive officer must

(

a) give the licensee, trainee or law firm who is the subject of the order notice of the proposed order, including written reasons, and

(

b) give the licensee, trainee or law firm a reasonable opportunity to make submissions to the chief executive officer on the proposed order.

(4) An order under subsection (1) must

(

a) be in writing,

(

b) include reasons for the order,

(

c) be delivered to the licensee, trainee or law firm subject to the order, and

(

d) if applicable, inform the licensee, trainee or law firm of the right to apply for a review of the order under subsection (6).

(5) An order under subsection (1) is not effective until the date the order is received by the licensee, trainee or law firm subject to the order.

(6) A licensee or trainee subject to an order under subsection (1) (c), (d), (

e) or (

f) or a law firm subject to an order under subsection (1) (

e) or (

f) may, no later than 30 days after the date the order is received, apply to the tribunal for a review of the order.

Discipline committee

(1) The board must establish a discipline committee for the purpose of reviewing citations proposed to be issued against a licensee, trainee or law firm.

(2) The discipline committee must include the following:

(

a) at least one member of the public;

(

b) at least one Indigenous person, who may be a licensee or a member of the public;

(

c) for each legal profession whose total membership is 50 or more, at least one person who is licensed to practise that legal profession.

(3) A director is not eligible to be appointed as a member of the discipline committee until one year after the date on which the director ceases to be a director.

(4) The board must appoint a chair of the discipline committee from among the members appointed under subsection (2).

(5) The chair of the discipline committee may appoint panels for the review of citations.

(6) A panel must include at least 3 members, one of whom must be a person who is not licensed to practise the same legal profession as that of the licensee, trainee or law firm against whom a citation is proposed to be issued.

Citations

(1) If the chief executive officer submits a citation to the discipline committee, the discipline committee must review the citation and do one of the following:

(

a) approve the citation;

(

b) decline to approve the citation, with or without written reasons.

(2) If the discipline committee approves a citation, the chief executive officer must

(

a) direct that a discipline hearing be held, and

(

b) issue the citation to the affected licensee, trainee or law firm.

(3) A citation issued under subsection (2) must

(

a) name the affected licensee, trainee or law firm, and

(

b) describe the nature of the matter that is to be the subject of the discipline hearing.

(4) After the issuance of a citation, the chief executive officer

(

a) may request that the tribunal set a date for the discipline hearing, and

(

b) once a date is set for the discipline hearing,

(

i) must, no later than 30 days before the first day of the hearing, give written notice of the date, time and place of the hearing to the affected licensee, trainee or law firm, and

(ii) must advise the affected licensee, trainee or law firm that the tribunal may proceed with the discipline hearing in the absence of the licensee, trainee or a representative of the law firm.

(5) If the discipline committee declines to approve a citation, the chief executive officer may submit to the discipline committee a new or amended citation in relation to the same facts as those related to the original citation.

(6) For certainty, a decision by the discipline committee to decline to approve a citation does not prevent the chief executive officer from making a professional conduct order or a competence order in relation to the facts on which the citation is based.

Consent agreements

(1) At any time between the start of an investigation and the start of a proceeding under

Part 8 [Tribunal Proceedings] , the chief executive officer may enter into a consent agreement with the licensee, trainee or law firm that is the subject of the investigation.

(2) A consent agreement under subsection (1) may result in any of the following:

(

a) the imposition of any requirement, fine, limit or condition that may be imposed in a professional conduct order, a competence order or an order under

section 122 [actions after discipline hearing] ;

(

b) the suspension or cancellation of any of the following:

(

i) the licence of a licensee;

(ii) the enrolment of a trainee;

(iii) the permit of a law firm.

(3) Subject to any rules made under

section 94 (2) (c), no further action may be taken under this Part or under

Part 8 in relation to the facts on which a consent agreement under subsection (1) of this

section is based.

Alternative resolution

92 At any time between the start of an investigation and the start of a proceeding under

Part 8 [Tribunal Proceedings] , the chief executive officer may, in accordance with any rules made under

section 94 (2) (e), resolve a discipline or competence matter using an alternative resolution process.

Consideration of disciplinary record

93 In making an order under this Part, or in entering into a consent agreement under

section 91, the chief executive officer may consider the disciplinary record of the licensee, trainee or law firm that is the subject of the order or agreement.

Rules respecting discipline

(1) The board may make rules respecting the discipline of licensees, trainees and law firms.

(2) Without limiting subsection (1), the board may make rules as follows:

(

a) establishing a process for the protection of the privacy of a licensee, trainee or law firm being investigated and for the severing, destruction or return of personal, business or other records that are unrelated to an investigation and that, in error or incidentally, form part of

(

i) the records or things of a licensee, trainee or law firm being investigated, or

(ii) the records or things seized in accordance with an order of the court under

section 79 [search and seizure] ;

(

b) respecting the issuance, amendment or rescission of a citation;

(

c) specifying the actions the chief executive officer may take if a licensee, trainee or law firm breaches a term of a consent agreement under

section 91 [consent agreements] ;

(

d) authorizing the chief executive officer to summarily suspend or cancel the licence of a licensee convicted of an indictable offence in British Columbia or in another jurisdiction;

(

e) respecting the use of alternative resolution processes in the resolution of discipline and competence matters.

(3) Rules made under subsection (2) (

e) may include rules that reflect or are influenced by Indigenous practices in relation to dispute resolution, which rules must be developed in collaboration with and approved by the Indigenous council.

Part 7 – Legal Professions Tribunal

Legal Professions Tribunal

(1) The Legal Professions Tribunal is established to conduct hearings under

Part 8 [Tribunal Proceedings] .

(2) The tribunal consists of

(

a) a tribunal chair, and

(

b) the tribunal members appointed under

section 98.

(3) The tribunal may retain any staff, consultants and specialists the tribunal considers necessary to assist the tribunal in the exercise of its powers and the performance of its duties.

Tribunal chair

(1) The board must, after a merit-based process, appoint a tribunal chair for an initial term of no more than 3 years.

(2) A director is not eligible to be appointed as tribunal chair until one year after the date on which the director ceases to be a director.

(3) The tribunal chair

(

a) is responsible for the governance and management of the tribunal, and

(

b) must work in collaboration with the chief executive officer to ensure the independence of the tribunal from the regulator.

(4) In addition to the responsibilities described in subsection (3), the tribunal chair has the powers and duties of a tribunal member.

(5) The tribunal chair may

(

a) designate one or more tribunal members as vice chairs, and

(

b) delegate any power or duty of the tribunal chair to a vice chair.

(6) The tribunal chair must appoint tribunal members to hearing panels.

(7) After a performance review conducted by the board, the tribunal chair may be reappointed for additional terms of no more than 5 years each.

Acting tribunal chair

(1) The tribunal chair may designate a vice chair or another tribunal member as the acting tribunal chair for a period, not exceeding 6 months, during which the tribunal chair is absent.

(2) Despite subsection (1), if the tribunal chair is absent or incapacitated for an extended period not exceeding 6 months, the board may designate a vice chair or another tribunal member as the acting tribunal chair for the period during which the tribunal chair is absent or incapacitated.

(3) If the tribunal has no chair, the board may appoint a person who is a tribunal member, or who would otherwise be qualified for appointment as a tribunal member or as the chair, as the acting chair for a period not exceeding 6 months.

(4) A person designated under this

section has all the powers and may perform all the duties of the tribunal chair.

Tribunal members

(1) The board must appoint tribunal members for initial terms of no more than 3 years.

(2) Of the tribunal members appointed under subsection (1),

(

a) at least 2 must be members of the public,

(

b) at least 2 must be Indigenous persons, who may be licensees or members of the public,

(

c) at least 2 must be lawyers,

(

d) at least 2 must be notaries public who are not also lawyers, and

(

e) if the total number of regulated paralegals in British Columbia is 50 or more, at least 2 must be regulated paralegals.

(3) Appointments under subsection (1) must be made

(

a) after a merit-based process conducted by the tribunal chair, and

(

b) on the recommendation of the tribunal chair.

(4) A director is not eligible to be appointed as a tribunal member until one year after the date on which the director ceases to be a director.

(5) Tribunal members may be full time or part time members.

(6) After a performance review conducted by the tribunal chair, a tribunal member may be reappointed for additional terms of no more than 4 years each.

Tribunal member's absence or incapacity

(1) If a tribunal member is absent or incapacitated for an extended period of time or expects to be absent or incapacitated for an extended period of time, the board, after consultation with the tribunal chair, may appoint another person who would otherwise be qualified for appointment as a tribunal member to replace the member until the earlier of the following:

(

a) the date the tribunal member returns to full duty;

(

b) the date the tribunal member's term expires.

(2) The appointment of a person to replace a tribunal member under subsection (1) is not affected by the tribunal member returning to less than full duty.

If tribunal membership does not meet requirements

(1) An act of the tribunal is not invalid only because of a defect that is subsequently discovered in the appointment of the tribunal chair or a tribunal member.

(2) The tribunal may continue to exercise the powers and perform the duties of the tribunal if

(

a) the term of a tribunal member ends or a tribunal member resigns, is removed, dies or is, for any reason, unable or unwilling to act as a tribunal member, and

(

b) the composition of the tribunal is not as described in

section 98 (2) because of the vacancy or absence.

Oath of office and code of conduct

(1) The tribunal must establish a code of conduct for tribunal members, including the tribunal chair and vice chair.

(2) A person appointed as a tribunal member must

(

a) before taking office as a member, take and sign an oath of office established by the tribunal, and

(

b) comply with the code of conduct established under subsection (1).

Removal of tribunal member

(1) Subject to subsection (2), the board may remove a tribunal member, including the tribunal chair or vice-chair, if the tribunal member contravenes the oath of office or the code of conduct established under

section 101.

(2) The board may remove a tribunal member under subsection (1) if, after reasonable notice to the tribunal member, the board, by resolution, considers the contraventions sufficiently serious to justify the removal of the tribunal member.

Tribunal finances

(1) Each year on or before the date specified by the board, the tribunal must prepare and submit to the board for approval an annual budget.

(2) Once the board approves a budget under subsection (1), the board must pay the expenses required for the administration and operation of the tribunal in accordance with the budget.

Remuneration of tribunal members

104 The board must establish rates for the remuneration of tribunal members and provide for the reimbursement of reasonable travel expenses and out-of-pocket expenses of tribunal members.

Tribunal fees

105 The tribunal may charge fees with respect to services provided, or anything done, by the tribunal, staff of the tribunal or other persons.

Rules respecting tribunal

(1) The board must make the following rules respecting the tribunal:

(

a) respecting the budget to be prepared and submitted under

section 103 (1) [tribunal finances] ;

(

b) requiring the tribunal to prepare and submit to the board an annual report on the activities of the tribunal and specifying the information to be contained in the annual report.

(2) The board may not make any rules respecting the tribunal other than the rules described in subsection (1).

Part 8 – Tribunal Proceedings

Definitions

107 In this Part:

"applicant" means a person who makes an application;

"application" means an application

(

a) by a licensee, trainee or law firm under any of the following:

(i)

section 55 (1) or (2) [review of licensing or enrolment decision] ;

(ii)

section 85 (9) [interim orders] ;

(iii)

section 87 (6) [professional conduct orders] ;

(iv)

section 88 (6) [competence orders] , or

(

b) by the chief executive officer under either of the following:

(i)

section 59 (3) [summary orders] ;

(ii)

section 85 (5) or (6);

"party" means an applicant, a respondent or the regulator.

Tribunal orders

(1) In order to facilitate the just and timely resolution of an application or citation, the tribunal, if requested by a party or on its own initiative, may make any order

(

a) contemplated by a tribunal rule, or

(

b) that the tribunal considers necessary for the purpose of controlling its own proceeding.

(2) Without limiting subsection (1), the tribunal may, at any time before the tribunal makes a final decision and at the request of the parties, make a consent order in respect of one or more of the matters to be dealt with in the proceeding.

Time limits

109 If satisfied that special circumstances exist, the tribunal may extend the time set out in

Part 5 [Licensing and Authority to Practise] or 6 [Professional Conduct, Competence and Discipline] to make an application to the tribunal, even if the time has expired.

Application or citation does not operate as stay

(1) The filing of an application does not operate as a stay or suspend the operation of the decision or order that is the subject of the application.

(2) The issuance of a citation does not operate as a stay or suspend the operation of an order under

section 85 (1) [interim orders] .

(3) Despite subsections (1) and (2) of this section, the tribunal may, on application by a party, order a stay of a decision or order.

Power to compel witnesses and order disclosure

(1) A party may prepare and serve a summons, in the form established by the tribunal, requiring a person

(

a) to attend before the tribunal, in person or by electronic means, to give evidence, on oath or in any other reasonable manner, that is admissible and relevant to an issue in the proceeding, or

(

b) to produce for the tribunal, that party or another party a record or thing in the custody or under the control of the person that is admissible and relevant to an issue in the proceeding.

(2) At any time before or during a proceeding, the tribunal may make an order requiring a person

(

a) to attend before the tribunal, in person or by electronic means, to give evidence, on oath or in any other reasonable manner, that is admissible and relevant to an issue in the proceeding, or

(

b) to produce for the tribunal or a party a record or thing in the custody or under the control of the person that is admissible and relevant to an issue in the proceeding.

(3) On application by the tribunal to the Supreme Court, a person who fails to comply with an order under subsection (2) is liable to be committed for contempt as if in breach of an order or judgment of the court.

Evidence

112 In conducting a proceeding, the tribunal may do one or more of the following:

(

a) subject to any rules made by the tribunal under

section 131 (2) (c) [tribunal rules] , receive, and accept as evidence, information that it considers relevant, necessary and appropriate, whether or not the information would be admissible in a court;

(

b) ask questions of the parties and witnesses;

(

c) inform itself in any other way it considers appropriate.

Failure to attend

(1) This

section applies if an applicant, respondent or representative of a law firm fails to attend or to remain in attendance at a hearing of the tribunal.

(2) If satisfied that the applicant or respondent has received notice of the hearing, a hearing panel may

(

a) proceed with the hearing in the absence of the applicant, re