First

Session, 45th General Assembly

Elizabeth II, 2004

BILL 66

AN ACT TO AMEND THE LAW

SOCIETY ACT, 1999

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

THOMAS

MARSHALL ,

Minister

of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Law Society Act, 1999 .

Clause 1 of the Bill would amend the

definition

section of the Act to add a definition of "executive

director" and to reflect that the name of the society is the Law Society

of Newfoundland and Labrador .

Clause 2 of the Bill reflects a

change in the title of "treasurer" to that of "president"

section 7 of the Act

Clause 3 of the Bill reflects a

change in the title of "secretary" to that of

"vice-president" in

section 9 of the Act.

Clause 4 of the Bill amends

section

19 of the Act to reflect the name changes referred to above, and also reflects

that, in a convocation for the purpose of a Call to the Bar, 5 elective

benchers constitute quorum.

In clause 5 of the Bill, changes are

proposed to

section 18 of the Act. This

would allow the benchers to make rules regarding the admission of a student and

the enrolment of a person as a member of the society, and to make rules

regarding the disposition of unclaimed trust funds.

Clauses 6 to 10 of the Bill would

continue to effect the change in the titles "treasurer" and

"secretary" to "president" and "vice-president"

in the Act.

In clause 7 of the Bill, the change

to titles referenced above are continued, and subsection 28(3) of the Act would

be amended to require the roll and register to be kept at the society's office,

rather than the secretary's office.

Clauses 12 to 14 of the Bill are

housekeeping amendments to sections 29, 32 and 34 of the Act.

Clause 15 of the Bill repeals sections

36 and 37 of the Act regarding the admission of students. Those requirements would now be prescribed by

rules made under a proposed change to

section 18 of the Act.

Clauses 16 to 24 of the Bill are

housekeeping amendments.

In clause 25 of the Bill,

section 64

of the Act would be repealed and substituted to reflect that the name of the

foundation is the "Law Foundation of Newfoundland and Labrador ".

Clause 26 of the Bill is a

housekeeping amendment which would clarify subsection 66(1) of the Act.

In Clause 27 of the Bill,

section

70.1 of the Act would be added regarding the disposition of unclaimed trust

fund monies.

Clauses 28 to 30 of the Bill are

housekeeping amendments to sections 72, 73 and 75 of the Act reflecting the

proposed title changes "secretary" to "vice-president" and

"treasurer" to "president".

Clause 31 of the Bill would correct a

typographical error.

In clause 32 of the Bill, the

reference to "secretary" in

section 8 of the Act is proposed to be

changed to "executive director" as the duties under that

section more

appropriately fall to the executive director.

Clause 33 of the Bill would add a

proposed

section 81.1 to the Act to require the society to consult annually to

ensure it is in compliance with the labour mobility provisions of the Agreement

on Internal Trade.

A BILL

AN ACT TO AMEND THE LAW SOCIETY ACT, 1999

Analysis

S.2 Amdt.

Definitions

S.7 Amdt.

Composition of benchers

S.9 Amdt.

Annual election

S.17 Amdt.

Convocations

S.18 Amdt.

Powers of benchers

S.20 Amdt.

President and vice-president

S.21 R&S

Duty of president

S.22 R&S

Duty of vice-president

S.24 Amdt.

Annual general meeting

S.25 Amdt.

Special general meeting

S.28 R&S

Roll and register

S.29 Amdt.

Enrolment and approval

S.32 Amdt.

Non-practising members

S.34 Amdt.

Enrolment as solicitor

Ss.36 & 37 Rep.

36. Admission as students

37. Enrolment

S.40 Amdt.

Inter-jurisdictional law firms

S.41 Amdt.

Definitions

S.43 Amdt.

Allegation

S.44 R&S

Effect of filing allegation

S.45 Amdt.

Complaints authorization committee

21. S.46 Amdt.

Discipline committee

S.49 Amdt.

Filing of decisions

S.53 Amdt.

Appeal to benchers

S.60 Amdt.

Notice to public

S.64 R&S

Foundation established

S.66 Amdt.

Vacating office

S.70.1 Added

Unclaimed trust funds

S.72 Amdt.

Protection

S.73 Amdt.

Communications

S.75 Amdt.

Fees, levies, assessments, etc.

S.79 Amdt.

Offences

S.81 Amdt.

Notice of standing

33. S.81.1 Added

Consultation

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1999 cL-9.1

as amended

Section 2 of the Law Society Act, 1999 is amended

(

a) by adding immediately after paragraph (

a) the

following:

(a.1) "executive director" means the

executive director of the society;

(

b) by deleting paragraph (h); and

(

c) by repealing paragraph (

i) and substituting

the following:

(i) "society" means the Law Society of

Newfoundland and Labrador ;

2. Subsection 7(3) of the Act is amended by adding

immediately after the word "treasurers" the words "or

presidents".

3. (1) Subsection 9(3) of the Act is amended by

deleting the word "secretary" and substituting the word

"vice-president".

(2) Subsection 9(4) of the Act is amended by

deleting the word "secretary" and substituting the word

"vice-president".

(3) Subsection 9(5) of the Act is amended by deleting

the word "secretary" wherever it occurs and substituting the word

"vice-president" and by deleting the word "treasurer" and

substituting the word "president".

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

following substituted:

(3) Special meetings of the benchers may be called

(

a) by the president;

(

b) by the vice-president in the absence or

inability of the president to call a meeting; or

(

c) by 2 elective benchers in the absence,

inability or refusal of the president or vice-president to call a meeting.

(4) Notwithstanding subsection (2), 4 elective

benchers and one appointed bencher constitute a quorum of the benchers for an appeal

under

section 53.

(5) Notwithstanding subsection (2), 5 elective

benchers constitute a quorum of the benchers for a convocation for the purpose

of a Call to the Bar.

5. (1) Subsection 18(2) of the Act is amended by

adding immediately after paragraph (

i) the following:

(i.1) make rules governing the admission of a

student and the enrolment of a person as a member of the society;

(2) Subsection 18(2) of the Act is amended by

adding immediately after paragraph (

o) the following:

(o.1) make rules regarding the disposition of

unclaimed trust funds;

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

the following substituted:

President and

vice-president

(1) The

benchers shall, from among the elective benchers, appoint 2 officers of the

society, namely

(

a) the president, who shall be the chief

executive officer of the society and its presiding officer; and

(

b) the vice-president.

(2) Subsections 20(2) to 20(5) of the Act are

amended by deleting the word "treasurer" wherever it occurs and

substituting the word "president" and by deleting the word

"secretary" wherever it occurs and substituting the word "vice-president".

Section 21 of the Act is repealed and the

following substituted:

Duty of president

21. The

president has general supervision of the affairs of the society and shall

perform other duties that may be assigned to him or her by the benchers and

this Act.

Section 22 of the Act is repealed and the

following substituted:

Duty of

vice-president

(1) The

vice-president shall keep the records of the society and shall perform other

duties that may be assigned to him or her by the benchers and this Act.

(2) The benchers may delegate the duties of the

vice-president to a bencher or employee of the society whenever they consider

it necessary or desirable to do so.

9. (1) Subsection 24(2) of the Act is amended by

deleting the word "treasurer" and substituting the word

"president".

(2) Subsection 24(3) of the Act is amended by

deleting the word "secretary" and substituting the word

"vice-president".

Section 25 of the Act is amended by deleting

the word "secretary" wherever it occurs and substituting the word

"vice-president" and by deleting the word "treasurer" and

substituting the word "president".

Section 28 of the Act is repealed and the

following substituted:

Roll and register

(1) The

vice-president shall keep a record, in books or other form, to be called the

roll of the society, in the manner that the rules may prescribe.

(2) The vice-president shall keep a record, in

books or other form, respecting persons admitted to the society as students,

that shall be known as the Register of Students.

(3) The roll and register shall be held in the

society's office and shall be open to inspection when the office is open.

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

(

a) by deleting the reference "section

37" and substituting the words "the Law Society Rules"; and

(

b) by deleting the word "secretary"

wherever it occurs and substituting the word "vice-president".

(2) Subsection 29(3) of the Act is amended by

deleting the word "secretary" and substituting the word

"vice-president".

(3) Paragraph 29(4)(

b) of the Act is amended by

adding immediately after the word "penalty" the words

"established in

Part II".

(4) Subsection 29(6) of the Act is amended by

deleting the word "secretary" and substituting the word

"vice-president".

13. Subsection 32(2) of the Act is amended by

deleting the word "secretary" and substituting the word

"vice-president".

14. Subsection 34(2) of the Act is amended by

deleting the word "secretary" and substituting the word

"vice-president".

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

16. (1) Subsection 40(2) of the Act is amended by

deleting the word "jurisdiction" and substituting the word

"jurisdictions".

(2) Subsection 40(6) of the Act is amended by

adding immediately before the words "the discipline committee" the

words "an adjudication panel of".

(1) Paragraph 41(

b) of the Act is amended by

deleting the word "and" at the end of the paragraph.

(2) Subparagraph 41(c)(iv) of the Act is amended

by deleting the words "Code of Ethics" and substituting the words

"Code of Professional Conduct".

Section 43 of the Act is amended by deleting

the word "secretary" wherever it occurs and substituting the word

"vice-president".

Section 44 of the Act is repealed and the

following substituted:

Effect of filing

allegation

(1) Where

it appears to the vice-president that the allegation may be resolved

satisfactorily without investigation and in the opinion of the vice-president

there is no other reason appropriate to investigate the allegation, and where

the complainant and the respondent consent, the vice-president may refer the

allegation to alternate dispute resolution in accordance with the rules.

(2) The mediator or arbitrator appointed for the

purpose of alternate dispute resolution shall provide written confirmation of

the resolution of the allegation to the vice-president.

(3) Where an allegation is not satisfactorily

resolved by alternate dispute resolution, or in the opinion of the

vice-president it is for another reason appropriate to investigate the

allegation, the vice-president shall conduct the investigation that in his or

her opinion the allegation requires and the matter shall be submitted to the

complaints authorization committee at its next meeting or at a special meeting

that the complaints authorization committee may call to consider the allegation.

20. (1) Paragraph 45 (1)(

b) of the Act is repealed

and the following substituted:

(

b) refer the allegation back to the

vice-president for further investigation or alternate dispute resolution;

(2) Paragraph 45(2)(

b) of the Act is repealed and

the following substituted:

(

b) instruct the vice-president to file the

complaint against the respondent and refer it to the discipline committee; and

21. Subsection 46(1) of the Act is amended by

adding immediately after the words "complaints referred" the words

"and applications made".

Section 49 of the Act is amended by deleting

the word "secretary" and substituting the word

"vice-president".

23. Subsection 53(1) of the Act is amended by

deleting the word "secretary" and substituting the word

"vice-president".

Section 60 of the Act is amended by deleting

the word "secretary" and substituting the word

"vice-president".

Section 64 of the Act is repealed and the following

substituted:

Foundation established

64. The

"Law Foundation of Newfoundland and Labrador ", called the "foundation", is continued as a

corporation.

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

following substituted:

Vacating office

(1) A

governor shall vacate office when he or she

(

a) has completed his or her term;

(

b) ceases holding the qualifications necessary

for the appointment;

(

c) becomes bankrupt;

(

d) is convicted of a criminal offence;

(

e) is unable to act; or

(

f) has joined the executive committee of the

benchers.

27. The Act is amended by adding immediately after

section 70 the following:

Unclaimed trust

funds

70.1

(1) A

member who has held money in trust on behalf of a person whom the member has

been unable to locate for 2 years or more, shall pay the money to the society.

(2) Where a member has paid money to the society

under subsection (1), the liability of the member to pay that money to the

person on whose behalf the member previously held it or to that person's legal

representative, is extinguished.

(3) The society shall hold in trust any money paid

to it under subsection (1).

(4) The society is entitled to retain, for its

purposes, interest on any money held by it under subsection (3).

(5) A person or the legal representative of a

person who, but for subsections (1) and (2) could have claimed money held in

trust by a member, may claim the money from the society and, on being satisfied

that the person is entitled to it, the society shall pay the money to the person.

(6) A claim against the society under subsection

(5) is not enforceable after the expiration of 10 years after the money is

received by the society under subsection (1) and, after expiration of the 10

year period, the society shall pay the money, excluding any interest retained

under subsection (4) to the foundation for its purposes.

(7) The society shall, for the purpose of public

notice, publish in

Part I of the Gazette

the available identifying information regarding the unclaimed trust funds at

the end of the 9th year after the money is received by the society before

taking the action referred to in subsection (6).

(8) Where a claim is made under subsection (5) and

the society is not satisfied that the person is entitled to the money, that person

or the legal representative of that person may apply to the Trial Division for

a review of the decision of the society and the court may, where it is

satisfied that the person is entitled to the money, allow the claim.

Section 72 of the Act is amended by deleting

the word "treasurer" and by substituting the word

"president" and by deleting the word "secretary" and

substituting the word "vice-president".

Section 73 of the Act amended by deleting the

word "treasurer" and substituting the word "president" and

by deleting the word "secretary" and substituting the word

"vice-president".

30. Subsection 75(1) of the Act is amended by

deleting the word "secretary" and substituting the word

"vice-president".

31. Subsection 79(4) of the Act is amended by

deleting the word "proceedings" wherever it occurs, and substituting

the word "proceeding".

32. Subsection 81(2) of the Act is amended by

deleting the word "secretary" wherever it occurs and substituting the

words "executive director".

33. The Act is amended by adding immediately after

section 81 the following :

Consultation

81.1 The

society shall, on an annual basis, consult with the department of the government

of the province responsible for ensuring compliance with the labour mobility

provisions of the Agreement on Internal Trade to ensure the society's

compliance with those provisions.

Earl G. Tucker, Queen's Printer