LEGAL PROFESSION ACT (RSA 2000 cL-8)

RSA 2000 cL-8

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter L-8 Current as of December 11, 2025 LEGAL PROFESSION ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover.

It does not include the following amendments: 2025 cR-13.3 s21 adds s49.1. 2025 c22 s6 adds s2.1; amends ss7, 13(4)(a), 18 and 48(3)(d); adds s49.2; amends s53; repeals and substitutes s54; amends ss73(5) and 74; repeals and substitutes s75; repeals s76; repeals and substitutes s77; amends ss78 and 79(1)(a); repeals ss80 to 82; amends ss85(3) and 86(1)(b).

1 LEGAL PROFESSION ACT

Chapter L-8 Table of Contents 1

Definitions

Part 1 The Law Society of Alberta The Society 2 Constitution 3 Powers of Society 4 Legal aid plan The Benchers 5 Benchers 6 Powers of Benchers 7 Rules of Society 8 Regulations and bylaws re LLPs 9 Honorary Benchers 1 0 Number of Benchers 1 1 Lay Benchers 1 2 Election of Benchers 1 3 Eligibility for election 1 4 Rules re elections 1 5 Extension of time 1 6 Notice of elected Benchers 1 7 Appeal re elections 1 8 Vacancy 1 9 Appointment to fill vacancy 2 0 Meetings 2 1 Voting at meetings 2 2 Committee quorum 2 3 Committee acting when loss of member

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Chapter L-8 LEGAL PROFESSION ACT 2 Officers of the Society 2 4 Officers of the Society 2 5 Appointment of officers 2 6 Auditor Meetings of the Society 2 7 Meetings of Society 2 8 Special meetings 2 9 Effect of resolutions

Part 2 Membership and Qualification to Practise Membership 3 0 Roll of members 3 1 Students-at-law 3 2 Resignation of member 3 3 Judicial appointment 3 5 Inactive members Enrolment 3 6

Definitions 3 7 Role of Society re enrolment or admission 3 8 Students-at-law 3 9 Education Committee 4 0 Enrolment of holders of Alberta degrees or equivalent 4 1 Transfer of Canadian lawyers to Alberta 4 2 Transfer of corporate counsel to Alberta 4 3 Review of Executive Director ’s decision 4 4 Admission to bar and enrolment as member 4 5 Faculty member or Society employee 4 6 Members enrolled under RSA 1980 cL-9 s45 Authorizations 4 8 Authorizations to outside counsel

Part 3 Conduct of Members 4 9

Interpretation 5 0 Commencement of order 5 1 Establishment of Committees 5 2 Rules of Benchers

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Chapter L-8 LEGAL PROFESSION ACT 3 Division 1 Proceedings Respecting Conduct Deserving of Sanction 5 3 Review by Executive Director 5 4 Appeal to Appeal Committee 5 5 Investigation 5 6 Review by Conduct Committee 5 7 Re-examination by Conduct Committee 5 8 Practice Review Committee 5 9 Hearing Committee 6 0 Admission of guilt 6 1 Resignation instead o f continued proceedings 6 2 Discontinuance of proceedings 6 3 Suspension during proceedings 6 4 Representation by counsel 6 5 Amendment of notice 6 6 Membership in Committee continues 6 7 Burden of proof 6 8 Evidence 6 9 Witness 7 0 Attendance of witnesses 7 1 Finding by Hearing Committee 7 2 Order of the Hearing Committee 7 3 Orders respecting incompetence 7 4 Written report by Hearing Committee 7 5 Appeal to Benchers 7 6 Hearing by Benchers 7 7 Order by Benchers 7 8 Public or private proceedings 7 9 Suspension for non-payment 8 0 Appeal to Court of Appeal 8 1 Procedure on appeal 8 2 Powers of Court of Appeal Division 2 General 8 3 Indictable offence 8 4 Extra-provincial disciplinary acts 8 5 Notice of suspension or termination 8 6 Reinstatement

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Chapter L-8 LEGAL PROFESSION ACT 4

Part 4 Protection of Persons Dealing with Members Division 1 The Assurance Fund 8 7 Finance Committee 8 8 Proceedings 8 9 Assurance Fund 9 0 Report re Assurance Fund 9 1 Subrogation of rights Division 2 Seizure and Custody of Property in Member’s Possession 9 2

Definitions 9 3 Accounting for property 9 4 Seizure of property 9 5 Custodian 9 6 Examination and disposal of property General 9 7 Extension of time, etc.

Part 5 Professional Liability Claims 9 8

Definitions 9 9 Payment of claims 100 Funds for indemnity program 101 Rules re assessment

Part 6 General 102 Designation as barrist ers and solicitors 103 Exemption from municipal business licence 104 Recovery of fees 105 Student-at-law as counsel 106 Practice of law 107 Misrepresentation as to professional status 108 Bencher ’s authorization of employment 109 Penalties 110 Proof of offence 111 Injunction 112 Solicitor and client privilege 113 Executive Director ’s certificate as evidence

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Chapter L-8 LEGAL PROFESSION ACT 5 114 Service of documents 115 Protection from liability 116 Fees, etc., belong to Society 117 Unattributed trust money

Part 7 Alberta Law Foundation 118 Alberta Law Foundation 119 Objects 120 Board of directors 121 Board Bylaws 121.1 Minister bylaw making powers 121.2 Directives 121.3 Regulations 122 Application of funds 123 Application of funds — Legal Aid 123.1 Transitional 124 Annual report 125 Borrowing 126 Trust accounts 127 Dissolution of Foundation 128 Protection from liability

Part 8 Professional Corporations 129

Definitions 130 Rules by Benchers 131 Permit 132 Termination of permit 133 Liability of shareholders and employees 134 Voting agreements with no n-members prohibited 135 Application of Act and rules 136 Preservation of solicitor-client relationships 137 Use of title 138 Effect of discipline 139 Assurance Fund and custodian provisions 140 Exemption from municipal business licence 141 Right to sue 142 Evidence 143

Interpretation

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Section 1

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Part 9 Transitional 144 Transitional 145 Transitional — application of funds HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “active member” means a me mber other than an inactive member or a member whose membership is under suspension; (b) “Bencher” means a person who holds office as a Bencher of the Society, but does not include an honorary Bencher; (c) “disbar” means terminate th e membership of a person in the Society by (

i) an order made under

Part 3 or an order under any predecessor of this Act of the Benchers then holding office, or (ii) the resignation of that person under

section 61; (d) “Hearing Committee” m eans a Hearing Committee appointed under

Part 3; (e) “inactive member” means a member of the Society who, in accordance with the rules, has elected to be an inactive member of the Society; (f) “lay Bencher” means a pe rson who holds office as a Bencher by reason of an appointment under

section 11; (g) “member” means a member o f the Society, but does not include an honorary member; (h) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (i) “professional corporation” means a corporation that is the holder of a permit issued under

Part 8; (j) “records” includes

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Section 2

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i) ledgers, books, account s, files, papers or other documents, whether in writing or in electronic form or represented or reproduced by any other means, and (ii) the results of the recordin g of details of electronic data processing systems and programs to illustrate what the systems and programs do and how they operate; (k) “roll” means the Roll of T he Law Society of Alberta; (l) “rules” means the rules of the Society made by the Bencher s under this Act; (m) “Society” means The L aw Society of Alberta; (n) “student-at-law” means a per son admitted to the Society as a student-at-law. RSA 2000 cL-8 s1;2013 c10 s34;2022 c21 s50

Part 1 The Law Society of Alberta The Society Constitution 2 The Law Society of Alberta as previously constituted continues by that name as a corporation consisting of its members. 1990 cL-9.1 s2 Powers of Society 3 The Society, in addition to the powers vested in it by this or any other Act, has the power to borrow money for the purposes of the Society and to mortgage or charge property of the Society or its sources of funds as security for money borrowed. 1990 cL-9.1 s3 Legal aid plan 4(1) The Minister, the Society and the Legal Aid Society of Alberta shall enter into an agreement respecting the operation by the Legal Aid Society of Alberta of a plan to provide legal aid to persons in need of it in civil matters, criminal matters or both if no such agreement is in effect.

(2) No action lies against the Legal Aid Society of Alberta or its members, officers or employees in respect of anything done by any of them in good faith in the operation of a legal aid plan established under this section. RSA 2000 cL-8 s4;RSA 2000 c16(Supp) s75;2013 c10 s34; 2022 c21 s50;2025 c22 s6(3)

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Section 5

Chapter L-8 LEGAL PROFESSION ACT 8 The Benchers Benchers 5(1) There shall be a governing body of the Society called the Benchers.

(2) The Benchers shall manage and conduct the business and affairs of the Society and exercise the powers of the Society in the name of or on behalf of the Society.

(3) The Benchers shall submit an annual report to the Minister on those matters of the business and affairs of the Society that the Minister may require in a form satisfactory to the Minister.

(4) The Minister shall, on receipt of the annual report of the Society, lay it before the Legislative Assembly if it is then sitting, and if it is not then sitting, within 15 days after the commencement of the next sitting. 1990 cL-9.1 s5;1994 cG-8.5 s89 Powers of Benchers 6 The Benchers may by resolution (

a) authorize the Society to ent er into any contract that the Society may enter into; (

b) appoint any person as an honorary member of the Society or an honorary Bencher; (

c) establish committees and their powers and duties and provide for appointments to them; (

d) confer any powers or impose any duties on a committee established by this Act or the rules in addition to the powers conferred and the duties imposed on that committee by this Act or the rules; (

e) designate a chair and one or more vice-chairs for a committee established by or pursuant to this Act; (

f) appoint delegates and repres entatives to appear on behalf of and represent the Society; (

g) provide for the reporting of legal decisions; (

h) establish and maintain libra ries for the use of the members of the Society; (

i) make arrangements with t he Minister respecting the contribution of the Society to the cost of the acquisition of

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Section 7

Chapter L-8 LEGAL PROFESSION ACT 9 books and periodicals for libraries maintained by the Government; (

j) maintain a special fund for the relief of aged, infirm or disabled members or former members of the Society or their dependants and the dependants of deceased members, either by setting aside a portion of the money of the Society or by paying into that fund a portion of the revenues of the Society, and may discontinue the fund in whole or in part; (

k) authorize the Society to enter into group insurance contra cts insuring the lives or incomes of members or any class of members or insuring against any risks incurred by members or any class of members that are related to practising as a barrister or solicitor; (

l) authorize or establish a code of ethical standards for members and students-at-law and provide for its publication; (

m) establish and prescribe a co urse called the “bar admission course” for persons required to pass a bar admission examination; (

n) take any action and incu r any expenses the Benchers consider necessary for the promotion, protection, interest or welfare of the Society. 1990 cL-9.1 s6;1994 cG-8.5 s89 Rules of Society 7(1) The Benchers may make rules for the government of the Society, for the management and conduct of its business and affairs and for the exercise or carrying out of the powers and duties conferred or imposed on the Society or the Benchers under this or any other Act.

(2) Without restricting the generality of subsection (1), the Benchers may make rules (

a) prescribing the manner of proof as to matters required to be proven by applicants for admission as students-at-law or for enrolment as members; (

b) respecting the requirements to be met by applicants for enrolment as members of the Society or for admission to the Society as students-at-law; (

c) respecting the waiving of or exceptions to the requirement s referred to in clause (b);

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d) respecting the waiving of or exceptions to the requirement s set out in

section 42(2)(d); (

e) respecting the evaluation an d monitoring of active members for the purpose of determining suitability to act as principal to a student-at-law; (

f) fixing the fees payable to the Society for the admission o f students-at-law or the enrolment of members, the fees payable annually by members and any other fees incidental to the conduct of the business and affairs of the Society; (f.1) respecting the publicizing of information entered in the roll or in the register of students-at-law; (

g) respecting the imposition of a pecuniary penalty on a member or student-at-law or the suspension of the membership of a member or the registration of a student-at-law, without notice or hearing, if the member or student-at-law does not pay a fee or assessment, file a document or do any other act by the time specified by or determined in accordance with the rules; (

h) providing for the striking off the roll of the name of a member whose membership has been suspended for a period of at least 2 years pursuant to the rules made under clause (g); (

i) respecting the reinstatement of (

i) a former member as a member, (ii) an inactive member a s an active member, or (iii) a former student-at-la w as a student-at-law, and respecting the term s and conditions on which reinstatement may be granted; (

j) respecting the termination of a suspension of the membership of a member or of the registration of a student-at-law, and respecting the conditions on which a termination may be granted; (

k) governing matters related to the operation of bar admissio n courses and prescribing fees for enrolment in those courses; (

l) respecting the powers and duties of the Executive Director under

section 38(3);

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Chapter L-8 LEGAL PROFESSION ACT 11 (

m) repealed RSA 2000 c16(Supp) s75; (

n) respecting the duties of members, professional corporation s or law firms in relation to property, other than money, entrusted to or received by them in their capacity as barristers and solicitors; (

o) respecting the exemption of any class of active members from the operation of

section 126(1); (

p) respecting the maintenan ce and regulation of records of members, professional corporations or law firms in respect of money entrusted to them or received, held or paid by them for or on account of their clients or others, in their capacity as barristers and solicitors; (

q) respecting the examinatio n, review or audit of records referred to in clause (

p) by officers, employees, auditors or agents of the Society and the recovery by the Society of the costs of those examinations, reviews or audits from those who are required to keep and maintain the records if the rules under clause (

p) have not been complied with; (

r) respecting the rights and duties of law firms; (

s) defining “law firm” for any purpose under the rules or for the purpose of

section 126; (

t) providing for the administr ation of the special relief fund referred to in

section 6(j); (

u) governing the use of libraries maintained wholly or partly by funds of the Society and providing for the levying of assessments against the membership of the Society or the members in any area for the purpose of recovering the cost of lost books; (

v) respecting the information required to be furnished to the Society by members or students-at-law or by persons acting for them; (

w) respecting the keeping and maintaining of the records referred to in

section 30 and the confidentiality of any classes of information forming part of those records, and regulating the disclosure pursuant to

section 30(3) of information forming part of those records; (

x) respecting the certification of active members as specialists in particular fields of law and the rights and duties of members holding certificates as specialists;

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y) respecting the registration of persons admitted to the Soc iety as students-at-law and the maintenance of the register of students-at-law referred to in

section 30(1); (

z) prescribing the methods by which a notice or other document may be served, given or furnished under this Act or the rules on or to a member, student-at-law or professional corporation otherwise than by personal service; (aa) respecting the establishment, composition and manner of appointment of committees for any purpose under the rules and the powers and duties of a committee so established, and respecting additional powers and duties of a committee established by this Act; (bb) subject to

section 78, resp ecting the persons authorized or permitted to attend or participate in a hearing or meeting of the Benchers or of a committee established by or under this Act, other than Benchers or the members of the committee, as the case may be; (cc) respecting the quorum requi red for a committee established by this Act and the circumstances under which and the conditions on which such a committee may sit in panels; (dd) respecting the conduct of general and special meetings of the Society and the notice to be given of those meetings; (ee) respecting the rights and d uties of students-at-law and the circumstances in which they may act as counsel in proceedings before the courts and judges referred to in

section 105; (ff) respecting the licensing or regulation of persons holding professional legal qualifications obtained in a country other than Canada in relation to services provided in Alberta by those persons in giving legal advice respecting the laws of that country; (gg) respecting the establishment of standards governing the collection and dissemination by the Society of information relating to any person or group of persons, including members, students-at-law, professional corporations and law firms. RSA 2000 cL-8 s7;RSA 2000 c16(Supp) s75; 2001 c23 s7 Regulations and bylaws re LLPs 8(1) The Benchers

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a) shall make rules respecting the type and amount of liabili ty insurance or other protection against professional liability that a partnership must have for the purposes of registration as a limited liability partnership under

Part 3 of the Partnership Act, and (

b) may make rules governing eligibility requirements that a partnership must meet in order to be registered as a limited liability partnership under

Part 3 of the Partnership Act.

(2) A rule under subsection (1)(

a) does not come into force unless it is approved by the Lieutenant Governor in Council.

(3) Where the Minister considers that rules made under subsection (1)(

a) do not provide sufficient protection against professional liability, the Minister may, by notice in writing to the Benchers, request the Benchers to amend the rules in the manner specified in the notice within the time set out in the notice.

(4) Where the Benchers fail to amend the rules in accordance with the notice, the Lieutenant Governor in Council may make regulations respecting the matters referred to in subsection (1)(

a) and, to the extent that there is any inconsistency between those regulations and the rules, those regulations prevail. (5) Subsections (1) to (4) do not apply if there is a rule under subsection (6) in effect.

(6) The Benchers may make a rule providing that, notwithstanding

Part 3 of the Partnership Act, no person may practise as a barrister and solicitor in a limited liability partnership under that Act. 1999 c27 s11 Honorary Benchers 9(1) The honorary Benchers of the Society are (

a) the Minister, (

b) past Presidents of the Society who do not hold office as Benchers, and (

c) persons appointed as honorary Benchers under

section 6(b).

(2) An honorary Bencher may participate in any meeting or proceeding of the Benchers but is not entitled to be notified of, to move or second any motion at or to vote at any meeting or other proceeding.

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(3) Subject to

section 59(2), an honorary Bencher may not participate in any meeting or proceeding under

Part 3. 1990 cL-9.1 s8;1994 cG-8.5 s89;1997 c18 s17 Number of Benchers 10(1) Subject to subsection (2), the number of Benchers is 17.

(2) For each 500 active members by which the membership of the Society is increased over 1000, an additional Bencher shall be elected but the number of Benchers shall in no case exceed 20.

(3) For the purposes of this section, the membership of the Society is determined as of July 1 preceding each regular election. 1990 cL-9.1 s9 Lay Benchers 11(1) In addition to the number of Benchers specified in

section 10, the Benchers shall include 4 members of the public, who shall be appointed as lay Benchers for a term of not more than 3 years by the Minister after consultation with the Benchers.

(2) A lay Bencher continues to hold office after the expiry of the lay Bencher’s term of office until reappointed or a successor is appointed.

(3) Notwithstanding subsections (1) and (2), a person ceases to hold office as a lay Bencher after holding the office for periods totalling 9 consecutive years.

(4) The Minister may, after consultation with the Benchers, revoke the appointment of a lay Bencher.

(5) The Minister may pay to a lay Bencher travelling and living expenses incurred by that lay Bencher for the lay Bencher’s attendance at any meeting of the Benchers while away from the lay Bencher’s usual place of residence and fees in an amount prescribed by the Minister.

(6) The powers, duties and proceedings under this Act and the rules of the Benchers or a committee established under this Act are not affected by (

a) the fact that lay Benchers are not appointed under subsection (1), (

b) the revocation of the appointment of a lay Bencher under subsection (4), (

c) the resignation of a person as a lay Bencher, or

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d) the fact that one or more l ay Benchers are not present. RSA 2000 cL-8 s11;2001 c23 s7;2003 c42 s12 Election of Benchers 12(1) An election of Benchers shall be held between November 1 and December 15 every 3rd year commencing in 2005, and the date of the election shall be determined by the Benchers.

(1.1) Commencing with the election in 2005, Benchers shall be elected for terms of 3 years.

(2) The elected Benchers take office at the first organizational meeting of the Benchers in the year following the year in which the election is held, and the elected Benchers in office immediately prior to the election continue in office until that time. (3) Subsection (2) does not preclude the conducting of a vote under

section 20(5) in the year following the election by Benchers holding office immediately before the election, if the vote is concluded before the first meeting of the Benchers in that year.

(4) Subject to

section 18, a Bencher holding the position of President-Elect at the time of an election of Benchers is to be considered an elected Bencher for the purposes of that election, and the name of the President-Elect is to be included on the ballot solely to reflect that that person is considered to have been elected. RSA 2000 cL-8 s12; 2003 c42 s12 Eligibility for election 13(1) Only an active member resident in Alberta is eligible for nomination and election as a Bencher.

(2) A member is eligible for nomination, election and re-election as a Bencher in accordance with the rules.

(3) A member is ineligible for nomination or election as a Bencher if at any time before the date of the election the member was disbarred.

(4) A member is ineligible for nomination or election as a Bencher if, within the 5-year period immediately before the date of the election, (

a) the member was found gu ilty of conduct deserving of sanction without an order being made for the member’s disbarment as a result of the finding, unless the Hearing Committee, the Benchers or the Court of Appeal, as the case may be, made an order directing that the member is not ineligible by reason of the finding,

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Chapter L-8 LEGAL PROFESSION ACT 16 (

b) an order of the Benchers was made under

section 83(4) for the suspension of the membership of the member for a fixed period, (

c) an order of the Benchers was made under

section 84(3) for the suspension of the membership of the member for a fixed period, unless the Benchers made an order directing that the member is not ineligible by reason of the suspension order, or (

d) the membership of the member was under suspension at any time during that 5-year period by virtue of

section 83(7).

(5) A member is not ineligible because of subsection (3) or (4)(

a) if the disbarment order or finding of guilt was successfully appealed. 1990 cL-9.1 s12;2000 c15 s5(4) Rules re elections 14(1) The Benchers may make rules governing elections of Benchers, and those rules may (

a) provide the procedure for the nomination of candidates for election as Benchers; (

b) prescribe terms and cond itions respecting eligibility for nomination, election and re-election of Benchers; (

c) prescribe the circumstances under which an active member is not entitled to vote; (

d) provide for the division of Alberta into districts and prescribe the number of Benchers to be elected from each district; (

e) provide for the appointment or designation of presiding officers for the election; (

f) prescribe the forms to be used; (

g) prescribe the procedure to be used for the holding of the elections and for determining the Benchers elected.

(2) An election of Benchers shall be conducted with the use of secret ballots.

(3) Only active members are entitled to vote in an election of Benchers. 1990 cL-9.1 s13

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Chapter L-8 LEGAL PROFESSION ACT 17 Extension of time 15(1) In connection with an election of Benchers, if anything to be done within a number of days or at or before a time fixed by or under this Act or the rules cannot be or is not so done, the President may from time to time by order appoint a further or other time for doing it, whether the time at or before or within which it ought to have been done has or has not arrived or expired, as the case may be.

(2) Anything done at, before or within the time specified in an order under subsection (1) is as valid as if it had been done at, before or within the time fixed by or under this Act or the rules. 1990 cL-9.1 s14 Notice of elected Benchers 16 When the election is completed, the Executive Director shall forthwith send a notice containing the names of the Benchers elected to the King’s Printer for publication in The Alberta Gazette.

RSA 2000 cL-8 s16;AR 217/2022 Appeal re elections 17(1) A member may dispute the validity of an election of Benchers or the validity of the election of one or more of them by filing an application in the Court of King’s Bench not later than 10 days after the publication in The Alberta Gazette of the notice referred to in

section 16.

(2) The application shall be heard by a judge of the Court in chambers.

(3) If it appears to the Court that the election was conducted substantially in accordance with the requirements of this Act and the rules and that any non-compliance, violation, mistake or irregularity did not materially affect the result of the election, the Court may declare the election valid.

(4) If the Court decides that the election is invalid, it shall (

a) give directions as to the holding of another election, and (

b) direct that the elected Bench ers who held office immediately prior to the invalid election resume office as Benchers until the first meeting of the Benchers following the election held pursuant to the Court’s directions.

(5) If the Court decides that the election of one or more but not all of the Benchers is invalid, it shall either

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Chapter L-8 LEGAL PROFESSION ACT 18 (

a) direct the remaining Benchers to appoint another or others in that Bencher’s or those Benchers’ place to fill the vacancies in accordance with

section 19, or (

b) give directions as to the holding of another election to f ill the vacancies and as to the terms for which the Benchers elected under this clause are to hold office.

(6) The decision of the Court is final. RSA 2000 cL-8 s17;2009 c53 s97;2011 c14 s15;AR 217/2022 Vacancy 18(1) A person ceases to hold office as a Bencher if (

a) that person ceases to be a member of the Society whether b y disbarment or otherwise, (

b) that person becom es an inactive member, (

c) that person’s membership in the Society is suspended under

section 72(1)(b), 77, 82, 83(4), 83(7) or 84(3), (

d) an order of reprimand is made against that person under Pa rt 3, or (

e) the Court of Appeal makes an order against that person under subsection (6).

(2) Subject to subsection (3), a person who ceases to hold office as a Bencher by reason of the operation of subsection (1) does not resume office as a Bencher by reason of (

a) that person’s reinstatemen t as a member of the Society, (

b) that person’s change of stat us from an inactive member to an active member, or (

c) the expiration or termination of a suspension referred to in subsection (1)(c).

(3) A person resumes office as a Bencher if (

a) the person ceased to hold o ffice as a Bencher by reason of an order under

Part 3, (

b) the finding of guilt on whi ch the order was based was revoked by the Benchers or the Court of Appeal under

Part 3,

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Chapter L-8 LEGAL PROFESSION ACT 19 (

c) the person’s term of office as a Bencher has not yet expired, and (

d) the person is not then otherwise disqualified from holding office as a Bencher.

(4) If a member ceases to hold office as a Bencher by reason of a reprimand order made by a Hearing Committee or a panel of Benchers under

Part 3, the Benchers may, on application, order that the member resume office as a Bencher.

(5) If a member ceases to hold office as a Bencher by reason of a replacement reprimand order made by the Court of Appeal under

section 82, the Court, on application or on its own motion, may order that the member resume office as a Bencher.

(6) If the Benchers make an order under subsection (4) in favour of a member who appeals the reprimand order to the Court of Appeal under

section 80, the Court may, on the appeal, revoke the order of the Benchers.

(7) If the membership of a member who is also a Bencher is suspended by an order under

section 63, 83(2) or 84(2) or under the rules, the member’s office as a Bencher is suspended for the period for which that member’s membership is suspended. 1990 cL-9.1 s17;2000 c15 s5(5) Appointment to fill vacancy 19 If the required number of Benchers is not elected or a vacancy occurs in the number of Benchers on account of the death or resignation of a Bencher or otherwise, the remaining or continuing Benchers may, in accordance with the rules, appoint any active member to fill the vacancy until the first meeting of the Benchers in the year following the year in which the next regular election of Benchers is held. 1990 cL-9.1 s18 Meetings 20(1) Meetings of the Benchers shall be held at the places and times the Benchers determine.

(2) The President or any 3 Benchers may call a special meeting of the Benchers.

(3) A majority of the Benchers holding office is a quorum at any meeting of the Benchers.

(4) Three days’ notice in writing shall be given of any meeting of the Benchers.

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(5) Where the President is of the opinion that it is desirable to take a vote of the Benchers on a resolution and that it is impracticable in the circumstances to vote by holding a meeting of the Benchers for that purpose, (

a) the President may direct tha t the vote be taken by the polling of the Benchers by mail, telegram, telephone or other mode of communication or by any combination of those modes, and (

b) if the resolution is agreed to in accordance with clause (

a) by at least 2/3 of the Benchers so voting and the Benchers so voting constitute a majority of the Benchers then holding office, the resolution is as valid as if the vote were taken at a properly constituted meeting of the Benchers. 1990 cL-9.1 s19 Voting at meetings 21 At a meeting of the Benchers, matters shall be determined by a majority of votes of the Benchers present at the meeting, but if there is an equality of votes, (

a) the motion on the matter shall be declared defeated if (

i) the matter aris es under

Part 3, or (ii) the motion is for the rei nstatement as a member of a disbarred person, a n d (

b) in any other case, the chair has a 2nd or casting vote. 1990 cL-9.1 s20;2000 c15 s5(6) Committee quorum 22 Except as otherwise provided in this Act, with respect to the determination of any matter dealt with by a committee established by or under this Act, (

a) a majority of the members of the committee constitutes a quorum at the meeting, and (

b) an act or thing done by a majority of the members of the committee present at a meeting is deemed to have been done by the committee. 1990 cL-9.1 s21

RSA 2000

Section 23

Chapter L-8 LEGAL PROFESSION ACT 21 Committee acting when loss of member 23 When one or more of the members of a committee established by or under this Act cannot act for any reason, the remaining members of the committee may act and determine any matter. 1990 cL-9.1 s22 Officers of the Society Officers of the Society 24(1) The officers of the Society are the President, the President-Elect, the Executive Director, the Deputy Executive Directors, the Deputy Secretaries, the Treasurer and the holders of any additional offices established by the rules or by the Benchers by resolution.

(2) The President and President-Elect shall be chosen by the Benchers from their own number.

(3) If the President is absent or unable to act, the President-Elect is the Acting President.

(4) If both the President and the President-Elect are absent or unable to act, a majority of the Benchers may appoint one of their number as Acting President.

(5) The Acting President has the powers and shall perform the duties of the President. 1990 cL-9.1 s23;2000 c15 s5(7) Appointment of officers 25(1) The Executive Director, the Deputy Executive Directors, the Deputy Secretaries and the Treasurer shall be appointed by the Benchers.

(2) Unless otherwise expressly provided in the rules or by a resolution of the Benchers, a Deputy Executive Director or a Deputy Secretary may exercise and perform any powers, functions and duties of the Executive Director.

(3) The President may appoint any person as Acting Executive Director if the Executive Director is absent or unable to act, and that person, while Acting Executive Director, has the powers and shall perform the duties of the Executive Director.

(4) The Benchers may, by resolution or by the rules, delegate any powers or duties of the Executive Director under this Act to the Treasurer, the holder of an office established under

section 24(1) or an employee of the Society and prescribe the circumstances in which or the conditions on which the delegation is to apply.

RSA 2000

Section 26

Chapter L-8 LEGAL PROFESSION ACT 22

(5) A delegation made under subsection (4) does not affect the ability of the Executive Director to exercise or perform the power or duty so delegated. 1990 cL-9.1 s24;2000 c15 s5(8),(31) Auditor 26(1) The Benchers at their first meeting in each year shall appoint an auditor for the Society.

(2) If the auditor for any reason cannot act, the President may appoint any person as acting auditor and that person, while acting auditor, has the powers and shall perform the duties of the auditor. 1990 cL-9.1 s25 Meetings of the Society Meetings of Society 27(1) There shall be a general meeting of the Society in each year to be held at the place and time the Benchers decide.

(2) At each annual general meeting the President shall present a report of the proceedings of the Benchers since the last annual general meeting.

(3) Twenty active members constitutes a quorum at an annual general or special meeting of the Society.

(4) At least 10 days before an annual general meeting the Executive Director shall send a notice of the meeting and a statement of the financial position of the Society during the previous fiscal year to each active member of the Society. RSA 2000 cL-8 s27;2007 c36 s2 Special meetings 28(1) The Executive Director shall call a special meeting of the Society (

a) when the Benchers by resolution so direct, or (

b) within 30 days after the r eceipt by the Executive Director of a written petition of 50 active members setting out the business to be discussed at the meeting.

(2) At least 10 days before a special meeting the Executive Director shall send a notice of the meeting to each active member of the Society.

RSA 2000

Section 29

Chapter L-8 LEGAL PROFESSION ACT 23

(3) If the Executive Director fails to call a meeting under subsection (1), the Benchers or petitioners, as the case may be, may call the meeting. RSA 2000 cL-8 s28;2007 c36 s2 Effect of resolutions 29(1) A resolution passed at an annual general meeting or special meeting of the Society shall be considered by the Benchers at their next meeting but is not binding on the Benchers.

(2) If a resolution passed at an annual general meeting or special meeting of the Society is not implemented by the Benchers at their next meeting, then, on the filing with the Executive Director of a petition signed by at least 50 active members requesting the Benchers to do so, the Benchers shall have a mail vote of all active members taken on the resolution, and if at least 2/3 of those voting vote in favour of the resolution, the Benchers shall implement the resolution to the extent that they are by law able to do so. 1990 cL-9.1 s28;2000 c15 s5(31)

Part 2 Membership and Qualification to Practise Membership Roll of members 30(1) The Executive Director shall, in accordance with the rules, keep and maintain (

a) the records constituting the Roll of The Law Society of Alberta and other records of the Society pertaining to members and former members, and (

b) the records constituting the register of persons admitted to the Society as students-at-law and other records of the Society pertaining to students-at-law and former students-at-law.

(2) The records referred to in subsection (1) may be kept and maintained in any form that allows information contained in the records to be reproduced in written form.

(3) Information entered in the roll or in the register of students-at-law may be made public and shall be made available for inspection by any person during normal business hours of the Society subject to any restrictions relating to the confidentiality of that information prescribed by the rules. RSA 2000 cL-8 s30;2001 c23 s7

RSA 2000

Section 31

Chapter L-8 LEGAL PROFESSION ACT 24 Students-at-law 31(1) The termination under this Act of the registration of a student-at-law operates to terminate the articles of that person.

(2) The suspension under this Act of the registration of a student-at-law operates to suspend the articles of the student-at-law during the same period. 1990 cL-9.1 s30 Resignation of member 32(1) No member may resign from the Society unless the member’s resignation is submitted to and approved by the Benchers or a committee of the Benchers.

(2) If the resignation is approved, the member’s name shall be struck off the roll. RSA 2000 cL-8 s32;2003 c42 s12 Judicial appointment 33 A person ceases to be a member of the Society on becoming (

a) a judge of the Court of Appeal, the Court of King’s Bench or the Court of Justice, (

b) a judge of the Supreme Cour t of Canada, the Federal Court of Canada or the Tax Court of Canada, (

c) a judge of a superior, district or county court in any oth er province of Canada, (

d) a judge of the provincial court of any other province of Canada, or (

e) a judge of the territorial c ourt of a territory of Canada. RSA 2000 cL-8 s33;AR 217/2022;AR 75/2023 34 Repealed 2009 c7 s7. Inactive members 35 Subject to the rules, (

a) an active member may elect to become an inactive member, and (

b) an inactive member may be re instated as an active member. 1990 cL-9.1 s34

RSA 2000

Section 36

Chapter L-8 LEGAL PROFESSION ACT 25 Enrolment

Definitions 36 In sections 37 to 45, (a) “bar admission course” me ans a bar admission course established and operated by the Society; (b) “bar admission examination” means an examination in general subjects related to practise as a barrister or solicitor, including practice, procedure and ethics and statutes of Alberta or Canada or both; (c) “special examinations” means examinations at university standards in subjects pertaining to substantive law in force in Alberta; (d) “university in Alberta” me ans a comprehensive academic and research university under the Post-secondary Learning Act.

RSA 2000 cL-8 s36;2003 cP-19.5 s141;2018 c19 s69 Role of Society re enrolment or admission 37(1) The following matters are under the control of the Society: (

a) evaluation of the academic qualifications of applicants for enrolment as members of the Society or for admission to the Society as students-at-law; (

b) bar admission courses and bar admission examinations; (

c) special examinations to be taken by an applicant for enrolment as a member of the Society or for admission to the Society as a student-at-law; (

d) the period and conditions o f articles to be served before an applicant’s enrolment as a member; (

e) other examinations to be taken or requirements to be fulfilled by applicants for enrolment as members of the Society or for admission to the Society as students-at-law.

(2) The Benchers may make rules dealing with any of the matters referred to in subsection (1).

(3) The Benchers may retain one or more third parties to carry out any of the responsibilities referred to in subsection (1) and may make rules in that regard.

RSA 2000

Section 38

Chapter L-8 LEGAL PROFESSION ACT 26

(4) The Benchers may in the case of a particular applicant, if they consider that special circumstances so warrant, waive or modify a requirement imposed in relation to the matters referred to in subsection (1).

(5) The Benchers may delegate any of their authority under this section, other than the authority to make rules, to the Executive Director or to the Credentials and Education Committee. 1990 cL-9.1 s36;1996 c28 s26;2000 c15 s5(10) Students-at-law 38(1) Subject to subsections (2) and (3) and subject to the rules, a student-at-law shall serve under articles in Alberta with an active member resident in Alberta.

(2) The Credentials and Education Committee, or the Executive Director acting in accordance with the guidelines of that Committee, may permit a person admitted as a student-at-law under

section 40(1) to serve part of the period under articles with (

a) the Chief Justice of Alberta or any other judge of the Cou rt of Appeal, (

b) the Chief Justice of the Court of King’s Bench or any othe r judge of that Court, (

c) the Chief Justice of the Cou rt of Justice or any other judge of that Court, (

d) the Chief Justice of Canad a or any other judge of the Supreme Court of Canada, (

e) the Chief Justice of the Federal Court of Canada or any other judge of that Court, or (

f) the Chief Judge of the Tax Court of Canada or any other judge of that Court, but in that event the Credentials and Education Committee, or the Executive Director acting in accordance with the guidelines of that Committee, may direct that the total period to be served under articles by that person shall be a period exceeding one year that the Committee, or the Executive Director acting in accordance with the guidelines of that Committee, prescribes.

(3) Where the Executive Director approves the admission of a person as a student-at-law, the Executive Director, subject to the rules and with or without conditions, may determine that all or part of any period under articles served or to be served by that person in another province or territory shall be considered as satisfying all or

RSA 2000

Section 39

Chapter L-8 LEGAL PROFESSION ACT 27 part of the requirement for that person’s service under articles in Alberta prescribed by or under this Part. RSA 2000 cL-8 s38;2008 c43 s7;AR 217/2022;AR 75/2023 Education Committee 39(1) The Credentials and Education Committee is established.

(2) The Benchers may appoint the members of the Credentials and Education Committee, and the Committee may consist of (

a) Benchers only, or (

b) a majority of Benchers, w ith a minority consisting of (

i) members of the Societ y who are not Benchers, or (ii) deans of the faculties of law of The University of Alberta and The University of Calgary. 1990 cL-9.1 s38;2000 c15 s5(30) Enrolment of holders of Alberta degrees or equivalent 40(1) The Executive Director shall approve the admission of a person as a student-at-law if the person proves to the Executive Director’s satisfaction and in accordance with the rules that (

a) the person is of good character and reputation, and (

b) the person has satisfied the academic requirements specifi ed by the rules.

(2) The Executive Director shall approve the enrolment of a person admitted as a student-at-law under subsection (1) if the person proves to the Executive Director’s satisfaction and in accordance with the rules that the person (

a) repealed 2009 c7 s7, (

b) is of good character and reputation, (

c) is 18 years of age or older, (

d) has served under articles as required by the rules, and (

e) has passed a bar admission examination. RSA 2000 cL-8 s40;2001 c23 s7;2009 c7 s7 Transfer of Canadian lawyers to Alberta 41(1) The Executive Director shall approve the enrolment of a person as a member of the Society if the person proves to the

RSA 2000

Section 41

Chapter L-8 LEGAL PROFESSION ACT 28 Executive Director’s satisfaction and in accordance with the rules that the person (

a) repealed 2009 c7 s7, (

b) is of good character and reputation, (

c) is enrolled as a barrister a nd solicitor in any province or territory of Canada other than Alberta, (

d) has passed a bar admission examination, (

e) has served under articles in accordance with subsection (2) if required to do so under that subsection, (

f) has satisfied the academic a nd other requirements specified by the rules, and (

g) has passed any additional ex aminations required by the rules to be taken by applicants under this section.

(2) The Credentials and Education Committee or the Executive Director acting in accordance with the guidelines of that Committee may direct that an applicant under this

section serve under articles in Alberta before that person’s enrolment as a member and, if so directed, (

a) the Credentials and Education Committee or the Executive Director acting in accordance with the guidelines of that Committee shall prescribe the period of articles and may prescribe any conditions related to the service under articles, and (

b) the Executive Director shall approve the admission of the applicant as a student-at-law if the applicant proves to the Executive Director’s satisfaction and in accordance with the rules that the applicant meets the requirements of subsection (1)(

b) and (c).

(3) The Benchers may make rules respecting the enrolment of a person under subsection (1), including but not limited to rules establishing conditions to which the enrolment is subject, including (

a) restrictions on the areas o f law in which a person may practise in Alberta, (

b) the condition that a person must be sufficiently proficien t in English to be able to engage competently in the practice of law, and

RSA 2000

Section 42

Chapter L-8 LEGAL PROFESSION ACT 29 (

c) the payment of a fee. RSA 2000 cL-8 s41;2003 c42 s12;2009 c7 s7; 2011 c20 s9 Transfer of corporate counsel to Alberta 42(1) In this section, “corporation” does not include a professional corporation.

(2) The Executive Director shall approve the enrolment of a person as a member of the Society if the person proves to the Executive Director’s satisfaction and in accordance with the rules that the person (

a) repealed 2009 c7 s7, (

b) is of good character and reputation, (

c) is enrolled as a barrister a nd solicitor in any province or territory of Canada other than Alberta, and (

d) on being enrolled as a mem ber, will provide services as a barrister and solicitor in Alberta exclusively to or on behalf of a corporation and its subsidiaries and affiliates and will be an employee of that corporation, subject to any exception set out in the rules permitting a person enrolled as a member under this

section to provide services as a barrister and solicitor in Alberta to other parties.

(3) A person enrolled as a member under this

section ceases to be a member of the Society on ceasing to be an employee of a corporation unless, before ceasing to be an employee or within the time limited by the rules after that event, that person applies to the Executive Director for the approval of the Credentials and Education Committee for continuation of that person’s membership under this section.

(4) If a person makes an application in accordance with subsection (3) for continuation of that person’s membership in the Society, the Credentials and Education Committee may (

a) approve the continuation of the applicant’s membership, or (

b) order that the applicant’s name be struck off the roll if the Committee determines that the applicant has failed to fulfil the requirements prescribed by the Committee as conditions to the applicant’s continued membership.

(5) The Credentials and Education Committee may prescribe the requirements to be fulfilled by an applicant before its approval is given to the continuation of the applicant’s membership under

RSA 2000

Section 43

Chapter L-8 LEGAL PROFESSION ACT 30 subsection (4) and shall not give the approval until it is satisfied that the applicant has fulfilled the requirements. RSA 2000 cL-8 s42;2009 c7 s7 Review of Executive Director’s decision 43(1) Before making a decision under

section 38(3), 40 or 41, the Executive Director may refer the matter to the Credentials and Education Committee, which, with or without consultation with the Benchers, shall direct the Executive Director as to the decision to be made.

(2) A person affected by a decision of the Executive Director under

section 38(3), 40, 41 or 42 may appeal to the Benchers, who may confirm the decision or direct the Executive Director to vary or reverse it.

(3) The Benchers may delegate, in whole or in part, to the Credentials and Education Committee their authority to hear and decide an appeal under subsection (2). 1990 cL-9.1 s43;1996 c28 s26;2000 c15 s5(14),(30) Admission to bar and enrolment as member 44(1) When the Executive Director has approved the enrolment of a person under

section 40, 41 or 42 or the Benchers have approved the enrolment of a person under

section 45, and the prescribed enrolment fee has been paid, the Executive Director shall issue a certificate to that effect directed to a clerk of the Court of King’s Bench or of the Court of Justice.

(2) When the certificate of the Executive Director has been delivered to the clerk, the applicant for enrolment shall, within 2 years after the date of the certificate, take and subscribe before a judge or judges of the Court of King’s Bench or of the Court of Justice, in open court, (

a) an oath of allegiance in the form prescribed by the Oaths of Office Act, (

b) the official oat h prescribed by the Oaths of Office Act, and (

c) any other oath pres cribed by the rules.

(3) The Executive Director may extend the 2-year period mentioned in subsection (2) whether the application for the extension was made before or after the expiration of that period.

(4) When the applicant for enrolment has taken and subscribed the oaths referred to in subsection (2), the clerk or deputy clerk of the court shall issue a certificate to that effect and send it forthwith to the Executive Director.

RSA 2000

Section 45

Chapter L-8 LEGAL PROFESSION ACT 31

(5) A person becomes a member when a certificate in respect of that person is issued under subsection (4).

(6) On receiving a certificate issued in respect of a member under subsection (4), the Executive Director shall enter the member’s name in the roll in accordance with the rules. RSA 2000 cL-8 s44;2001 c23 s7;AR 217/2022;AR 75/2023 Faculty member or Society employee 45(1) Subject to the rules, the Benchers may by resolution approve the enrolment of a person who proves to their satisfaction that the person (

a) repealed 2009 c7 s7, (

b) is of good character and reputation, (

c) is employed (

i) as a full-time member o f the faculty of law of a university in Alberta, having been a full-time member of the faculty of law of a university in Alberta for a continuous period of at least 2 years immediately preceding the date of that person’s application for enrolment, (ii) as an employee of the Society, having been an employee of the Society for a continuous period of at least 2 years immediately preceding the date of that person’s application for enrolment, or (iii) as legal counsel to a cou rt in Alberta other than as a student-at-law, (

d) has received a degree in law from a university in Alberta or has otherwise satisfied the academic requirements specified by the rules, and (

e) has passed any examinatio ns and satisfied any other requirements specified by the rules.

(2) The Benchers may, if they consider that special circumstances so warrant, waive or modify the 2-year requirement referred to in subsection (1)(c)(

i) and (ii).

(2.1) The Benchers may delegate any of their authority under subsections (1) and (2) to the Credentials and Education Committee.

RSA 2000

Section 46

Chapter L-8 LEGAL PROFESSION ACT 32

(3) A person enrolled as a member as a result of a Benchers’ resolution made before May 1, 1991 ceases to be a member of the Society on ceasing to be a full-time member of the Faculty of Law at a university in Alberta or on ceasing to be a full-time employee of the Society unless before that time (

a) the Credentials and Educa tion Committee has approved the continuation of that person’s membership under this section, or (

b) the member has applied to the Executive Director for the approval of the Credentials and Education Committee of the continuation of that person’s membership under this section.

(4) If a person applies under subsection (3)(

b) for approval of the continuation of the person’s membership under this section, the Credentials and Education Committee may (

a) approve the continuation of the applicant’s membership, or (

b) order that the applicant’s name be struck off the roll if the Committee determines that the applicant has failed to fulfil the requirements prescribed by the Committee as conditions to the applicant’s continued membership.

(5) The Credentials and Education Committee may prescribe the requirements to be fulfilled by an applicant before its approval is given to the continuation of the applicant’s membership under subsection (3)(

a) or (4)(

a) and shall not give the approval unless it is satisfied that the applicant has fulfilled the requirements. RSA 2000 cL-8 s45;2003 c42 s12;2009 c7 s7 Members enrolled under RSA 1980 cL-9 s45 46(1) Those persons enrolled as members under

section 45 of the Legal Profession Act, RSA 1980 cL-9, immediately before the repeal of that

section do not cease to be members merely because of the repeal of that section.

(2) A member referred to in subsection (1) may act as counsel in any civil or criminal proceedings in Alberta and in any matters in connection with or incidental to those proceedings but shall not carry on a general practice in Alberta as a barrister or solicitor until the Credentials and Education Committee is satisfied that the member has (

a) passed a bar examination, and

RSA 2000

Section 48

Chapter L-8 LEGAL PROFESSION ACT 33 (

b) passed any special examina tion required by the rules, if the member has not received a degree in law or has received a degree in law from a university outside Alberta. 1991 c21 s19;2000 c15 s5(16),(30) 47 Repealed 2008 c25 s23. Authorizations Authorizations to outside counsel 48(1) Subject to the rules, the Executive Director may authorize an individual enrolled as a member of a law society in any province or territory of Canada other than Alberta (

a) to act as counsel in sp ecified proceedings before (

i) the Court of Appeal, (ii) the Court of King’s Bench, (iii) repealed RSA 2000 c16(Supp) s51, (iv) the Court of Justice, or (

v) a judge or applications judge of any of those Courts, o r (

b) to act as a solicitor in any specified matter in Alberta if that individual would be in contravention of

section 106(1) if the individual did not hold an authorization under this section.

(2) The Benchers may make rules respecting (

a) the requirements to be met by an applicant before an authorization is granted under this section; (

b) the fees payable to the Soci ety in respect of the granting or renewal of authorizations; (

c) the granting of authorizations; (

d) the conditions to which an authorization or any class of authorization is subject, and the powers of the Executive Director to impose conditions on authorizations in particular cases;

RSA 2000

Section 48

Chapter L-8 LEGAL PROFESSION ACT 34 (

e) the rights and duties of persons to whom authorizations ar e granted; (

f) appeals from a refusal to gr ant an authorization or from any decision made pursuant to the rules under this section; (

g) the suspension, revocation or expiration of authorizations ; (

h) the disciplining of the holder of an authorization for a contravention of the rules under this

section or of a condition to which the authorization is subject; (

i) the circumstances in which or the conditions on which a person is, for the purposes of this Act, deemed to hold an authorization under this section.

(3) Rules under subsection (2)(

h) may, without limitation, provide for (

a) proceedings relating to the investigation and adjudication of contraventions; (

b) the application of any or all of the provisions of

section s 67 to 70 to proceedings referred to in clause (a); (

c) the imposition of punishment for contraventions in the for m of suspension or revocation of the authorization, with or without the imposition of pecuniary penalties or costs or both; (

d) appeals from adjudications to the Court of Appeal.

(4) If (

a) an individual holds or is deemed to hold an authorization under this section, and (

b) that individual is a voting shareholder or employee of a l aw corporation or other corporation incorporated in the province or territory where that individual is enrolled and the corporation is comparable to a professional corporation under

Part 8, the authorization extends to that corporation for the purposes of this

section and

section 106(1), but only in relation to services provided by that individual on behalf of the corporation. RSA 2000 cL-8 s48;RSA 2000 c16(Supp) s51;AR 137/2022; AR 217/2022;AR 75/2023

RSA 2000

Section 49

Chapter L-8 LEGAL PROFESSION ACT 35

Part 3 Conduct of Members

Interpretation 49(1) For the purposes of this Act, any conduct of a member, arising from incompetence or otherwise, that (

a) is incompatible with the best interests of the public or o f the members of the Society, or (

b) tends to harm the standing of the legal profession general ly, is conduct deserving of sanction, whether or not that conduct relates to the member’s practice as a barrister and solicitor and whether or not that conduct occurs in Alberta.

(2) In this Part, (a) “Board of Examiners” means a Board of Examiners appointed pursuant to

section 73; (b) “conduct” in respect of a member includes any matter regarding the acts of the member or the conduct of the member; (c) “costs of the proceedings” or “costs” means, with reference to any matter that is the subject of proceedings under this Part, the costs determined in accordance with the rules as being attributable to those proceedings; (d) “hearing record” means (

i) a transcript of the procee dings at a hearing before a Hearing Committee or a commissioner appointed by an order under

section 69(4), (ii) a transcript of any recording entered as an exhibit at a hearing before a Hearing Committee or a commissioner, (iii) any exhibits entered in evidence before a Hearing Committee or a commissioner that the Hearing Committee considers essential for a proper understanding of the evidence adduced at the hearing, or copies of those exhibits, and (iv) a statement of admission o f guilt, if any, referred to in

section 60, or a copy of that statement;

RSA 2000

Section 49

Chapter L-8 LEGAL PROFESSION ACT 36 (e) “hearing report” means th e report of a Hearing Committee referred to in

section 74(1) and a dissenting report referred to in

section 74(2); (f) “investigation” means an investigation made on the direction of the Executive Director or a committee established under this Act that relates to the conduct of a member that is the subject of proceedings under Division 1.

(3) For the purposes of this Act, proceedings in respect of a member’s conduct shall be considered as commencing under Division 1 (

a) when a complaint respectin g the conduct is received by the Executive Director or when the conduct is first brought to the attention of the Executive Director otherwise, or (

b) when the Conduct Committee makes its initial decision under

section 58(7) in a case to which that subsection applies.

(4) Except as otherwise provided, this Part and the rules under this Part apply to students-at-law.

(5) For the purpose of applying subsection (4) and without limiting the generality of that subsection, (

a) references to a member i nclude a student-at-law; (

b) references to the disbarme nt of a member shall, in relation to a student-at-law, be read as references to the termination of the registration of the student-at-law; (

c) references to the suspension of the membership of a member are, in relation to a student-at-law, to be read as references to the suspension of the registration of the student-at-law; (

d) references to the reinstat ement of the membership of a former member shall, in relation to a former student-at-law, be read as references to the reinstatement of the registration of the former student-at-law.

(6) Proceedings may be taken under this Part against a member with respect to the member’s conduct during any period when the member was a student-at-law.

(7) Proceedings may be commenced, maintained and concluded under Division 1 or

section 83 or 84 with respect to a member’s conduct whether or not that conduct has been, is or subsequently becomes the subject of proceedings under any other provision of

RSA 2000

Section 50

Chapter L-8 LEGAL PROFESSION ACT 37 this Act or under any other law in force in Alberta or outside Alberta. 1990 cL-9.1 s47;2000 c15 s5(18),(31) Commencement of order 50(1) If an order of disbarment is made under this Part, the person against whom the order is made ceases to be a member when the order is made unless a future effective date is specified in the order.

(2) If an order is made under this Part for the suspension of the membership of a member, the suspension commences when the order is made unless a future effective date is specified in the order. 1990 cL-9.1 s48 Establishment of Committees 51(1) The following committees are established: (

a) the Conduct Committee, the members of which are appointed by the Benchers, and which shall consist of (

i) Benchers only, or (ii) a majority of Benchers and a minority of members of the Society who are not Benchers; (

b) the Practice Review Comm ittee, the members of which are appointed by the Benchers, and which shall consist of (

i) Benchers only, or (ii) a majority of Benchers and a minority of members of the Society who are not Benchers; (

c) the Appeal Comm ittee, consisting of (

i) the lay Benchers, and (ii) at least 3 other Benchers appointed by the Benchers.

(2) Notwithstanding

section 20(3), a quorum of Benchers at any proceedings before the Benchers under this

Part is a panel of no fewer than 7 Benchers.

(3) If a vote is taken at a meeting of the Benchers on a resolution under this Part, the resolution shall be declared carried only if 2/3 or more of the Benchers voting on the resolution vote in favour of it. 1990 cL-9.1 s49;1998 c23 s11;2000 c15 s5(19)

RSA 2000

Section 52

Chapter L-8 LEGAL PROFESSION ACT 38 Rules of Benchers 52(1) The Benchers may make rules (

a) respecting the powers and duties of persons conducting investigations; (

b) respecting the proceedings of the Conduct Committee, the Practice Review Committee and the Appeal Committee and the powers and duties of those Committees and of their chairs and vice-chairs; (

c) respecting the powers, dutie s and proceedings of a Hearing Committee; (

d) respecting the powers and duties of the Executive Director and of members and other persons in relation to any proceedings under this Part; (

e) respecting the powers, duties and proceedings of the Benchers under this Part; (

f) respecting the powers, dutie s and proceedings of a Board of Examiners, and respecting any matter pertaining to courses of study that may be specified by the Practice Review Committee for the purposes of

section 73; (

g) respecting the determination of costs that may be attribut ed to proceedings under this Part and the powers and duties of a Hearing Committee or the Benchers, as the case may be, in making orders under this Part against a member or former member for the payment of all or part of those costs; (

h) respecting any other matter incidental to the administrati on of this Part.

(2) Rules under subsection (1)(

g) may, without limitation, include in the classes of costs attributable to proceedings under this Part reasonable costs for the indemnification of the Society for the cost of services performed in connection with those proceedings by any of its salaried employees. 1990 cL-9.1 s50;1998 c23 s11;2000 c15 s5(31)

RSA 2000

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Chapter L-8 LEGAL PROFESSION ACT 39 Division 1 Proceedings Respecting Conduct Deserving of Sanction Review by Executive Director 53(1) Any conduct of a member that comes to the attention of the Society, whether by way of a complaint or otherwise, shall first be reviewed by the Executive Director.

(2) If the conduct that comes to the attention of the Society under subsection (1) involves a dispute between the member and another person, the Executive Director, (

a) before commencing a review of the matter pursuant to subsection (1), may attempt to resolve the dispute, and (

b) if the dispute is resolved to the satisfaction of the memb er and the other person, may direct that no further proceedings be taken under this

Part in respect of the matter.

(3) The Executive Director, in the course of a review under subsection (1), may do either or both of the following: (

a) require the complainant or the member concerned to answer any inquiries or to furnish any records that the Executive Director considers relevant for the purpose of the review; (

b) direct that the co nduct be investigated.

(4) On the completion of a review under subsection (1), the Executive Director shall either (

a) direct that the matter be dismissed, or (

b) refer the matter, together with the Executive Director’s report respecting the review, (

i) to the Practice Review Committee, (ii) to the Conduct Committee, or (iii) to both Committees.

(5) If the conduct of a member comes to the attention of the Society by way of a complaint, the Executive Director shall endeavour to resolve the complaint but shall perform the duties under subsections (1) to (4) whether the complaint is resolved or not. RSA 2000 cL-8 s53;2011 c20 s9

RSA 2000

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Chapter L-8 LEGAL PROFESSION ACT 40 Appeal to Appeal Committee 54(1) If a direction is made by the Executive Director under

section 53(4)(

a) dismissing a complaint, the complainant may appeal the direction to the Appeal Committee in accordance with the rules.

(2) On hearing the appeal, the Appeal Committee shall either (

a) direct that the complaint be dismissed, or (

b) refer the matter to the Conduct Committee. 1990 cL-9.1 s52;2000 c15 s5(31) Investigation 55(1) An investigation may be conducted by an officer or employee of the Society or by a person engaged by or on behalf of the Society for that purpose.

(2) An investigator may direct the member concerned or any other member (

a) to answer any inquiries the investigator may have relating to the investigation, (

b) to produce to the investigator any records or other proper ty in the member’s possession or under the member’s control that are or may be related in any way to the investigation, (

c) to give up possession of any record referred to in clause (

b) for the purpose of allowing the investigator to take it away, make a copy of it and return it within a reasonable time after receiving it, or (

d) to attend before the investigator for the purpose of complying with clause (a), (

b) or (c).

(3) The Society may apply to the Court of King’s Bench for (

a) an order directing the member concerned or any other member to comply with all or part of subsection (2); (

b) an order directing any person (

i) to produce to the investigator any records or other property in the person’s possession or under the person’s control that are or may be related in any way to the investigation, or (ii) to give up possession of any record referred to in subclause (

i) for the purpose of allowing the investigator

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Chapter L-8 LEGAL PROFESSION ACT 41 to take it away, make a copy of it and return it within a reasonable time after receiving it; (

c) an order directing any person to attend before the investigator to answer any inquiries the investigator may have relating to the investigation.

(4) An application for an order under subsection (3) may be made without notice to the other party if the Court is satisfied that it is proper to make the order in the circumstances.

(5) A person may comply with a direction under subsection (2)(

b) or (3)(b)(

i) by providing to the investigator copies of the records that are directed to be produced.

(6) An investigator may investigate any other conduct of the member concerned that arises in the course of the investigation.

(7) An investigator shall make a report respecting the investigation to whoever directed that the investigation be made. RSA 2000 cL-8 s55;AR 217/2022 Review by Conduct Committee 56(1) The Conduct Committee shall review any conduct of a member referred to it under

section 53, 54 or 57.

(2) The Conduct Committee, in the course of its review under subsection (1), may do either or both of the following: (

a) require the complainant or the member concerned to answer any inquiries or to produce any records that the Committee considers relevant for the purpose of the review; (

b) direct that the conduct b e investigated or further investigated.

(3) On completing its review under subsection (1), the Conduct Committee shall either (

a) direct that the matter be dismissed, or (

b) direct that the conduct b e dealt with by a Hearing Committee. 1990 cL-9.1 s54;2000 c15 s5(20) Re-examination by Conduct Committee 57 If the chair of the Conduct Committee is of the view that the Executive Director, the Conduct Committee or the Appeal Committee, in dismissing a matter, may have overlooked a significant legal or factual element or may not have been aware at

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Section 58

Chapter L-8 LEGAL PROFESSION ACT 42 the time of dismissal of all of the significant legal and factual elements, the chair of the Conduct Committee may consult with the chair of the Professional Responsibility Committee and the President and, if a majority of those persons are of the view that the matter should be re-examined, the matter is to be referred to the Conduct Committee for review or a 2nd review under

section 56. 2000 c15 s5(21) Practice Review Committee 58(1) The Conduct Committee, at any time during or after a review by it under

section 56 of a member’s conduct, may direct the Practice Review Committee to carry out a general review and assessment of the member’s conduct in addition to the review under

section 56.

(2) On being directed to carry out a review and assessment under this section, the Practice Review Committee may delegate the carrying out of any aspect of the review and assessment to a subcommittee consisting of one or more persons, whether they are members of the Practice Review Committee or of the Society or not, and in that case, the subcommittee shall submit a written report containing its findings and recommendations to the Practice Review Committee.

(3) The Practice Review Committee, in the course of a review and assessment carried out under this section, may require the member concerned to answer any inquiries or produce any records or other property that the Committee considers relevant for the purposes of the review and assessment.

(4) After concluding its review and assessment, the Practice Review Committee may (

a) make recommendations to th e member concerned that it considers will, if followed, improve the conduct of the member in relation to the member’s practice as a barrister and solicitor; (

b) obtain the member’s underta king respecting restrictions on the member’s practice as a barrister and solicitor or the conditions on which the member’s practice as a barrister and solicitor will be carried on.

(5) The Practice Review Committee shall submit a report to the Conduct Committee containing the results of a review and assessment carried out under this

section and any recommendations made to the member under subsection (4).

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Chapter L-8 LEGAL PROFESSION ACT 43

(6) The Practice Review Committee may from time to time inquire into the manner in which the member has followed or is following the recommendations made to the member under subsection (4) and, on being satisfied that the member has not been or is not following the recommendations, the Practice Review Committee may submit a further report on the subject to the Conduct Committee.

(7) On receiving a report of the Practice Review Committee, the Conduct Committee may, with respect to any conduct of the member that is mentioned in the report, (

a) direct that an investigation be made into the conduct and, on receiving the report of the investigator, direct that the conduct be dealt with by a Hearing Committee, or (

b) direct that the conduct b e dealt with by a Hearing Committee. 1990 cL-9.1 s55;1998 c23 s11 Hearing Committee 59(1) Subject to

section 60(3), if the Conduct Committee directs that the conduct of a member is to be dealt with by a Hearing Committee, (

a) the Executive Director, on b eing informed of the direction, shall give the member notice of the hearing and of the acts or matters regarding the member’s conduct to be dealt with, with reasonable particulars of each act or matter, (

b) the chair of the Conduct Committee shall appoint a Hearing Committee consisting of 3 or more persons, at least one of whom must be a Bencher or former Bencher, and (

c) the Hearing Committee so a ppointed shall hold a hearing respecting the member’s conduct.

(1.1) For the purposes of subsection (1)(b), the President and any person disqualified from sitting on the Hearing Committee may not be appointed to the Hearing Committee.

(2) Notwithstanding subsection (1)(b), the chair of the Conduct Committee may appoint as a member of the Hearing Committee a member of the Society who is (

a) an honorary Bencher referred to in

section 9(1)(

b) who was a President of the Society in the 10 years immediately preceding the appointment of the Hearing Committee, or

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Chapter L-8 LEGAL PROFESSION ACT 44 (

b) not a Bencher if that membe r was elected as a Bencher at least twice in the 10 years immediately preceding the appointment of the Hearing Committee.

(3) A Bencher who is a member of the Conduct Committee, the Practice Review Committee or the Appeal Committee is not disqualified from being appointed to or sitting on a Hearing Committee unless that Bencher participated in proceedings of the Conduct Committee, Practice Review Committee or Appeal Committee, as the case may be, relating to the same conduct that is or is to be the subject of the hearing by the Hearing Committee.

(4) Subject to subsection (5), the chair of the Conduct Committee may, if that person is of the opinion that there are reasonable grounds for so doing, revoke the appointment of a member of a Hearing Committee before or during a hearing, and may appoint a replacement for a member of a Hearing Committee who ceases to be a member or whose appointment is revoked.

(5) An allegation of bias affecting a Hearing Committee, (

a) if raised before commenceme nt of the hearing, is to be dealt with by the chair of the Conduct Committee; (

b) if raised at or after commencement of the hearing, is to b e dealt with by the Hearing Committee unless the Hearing Committee refers the matter to the chair of the Conduct Committee. RSA 2000 cL-8 s59;2011 c20 s9 Admission of guilt 60(1) Subject to the rules, a member may, at any time after the commencement of proceedings under this Division regarding the member’s conduct and before a Hearing Committee makes its findings in respect of the member’s conduct, submit to the Executive Director a statement of admission of guilt of conduct deserving of sanction in respect of all or any of the acts or matters that are the subject of the proceedings.

(2) A statement of admission of guilt shall not be acted on until it is in a form acceptable to (

a) the Conduct Committee, if the statement is submitted befor e the day on which a Hearing Committee is appointed to conduct a hearing respecting the matter, or (

b) the Hearing Committee, if th e statement is submitted on or after the day on which the Hearing Committee is appointed.

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Chapter L-8 LEGAL PROFESSION ACT 45

(3) If a statement of admission of guilt is accepted under subsection (2)(a), the chair of the Conduct Committee shall appoint a Hearing Committee consisting of one person, who must be a Bencher or former Bencher, or 3 persons, at least one of whom must be a Bencher or former Bencher.

(3.1) For the purposes of subsection (3), the President and any person disqualified from sitting on the Hearing Committee may not be appointed to the Hearing Committee.

(4) If a statement of admission of guilt is accepted, each admission of guilt in the statement in respect of any act or matter regarding the member’s conduct is deemed for all purposes to be a finding of (

a) the Hearing Committee appoi nted under subsection (3), or (

b) the Hearing Committee th at accepted the statement, as the case may be, that the conduct of the member is conduct deserving of sanction.

(5) The Hearing Committee appointed under subsection (3) or the Hearing Committee that accepted the statement, as the case may be, shall proceed with a hearing for the purpose of making its determination, if any, under

section 71(4), its order under

section 72 and its order, if any, under

section 73. RSA 2000 cL-8 s60;2011 c20 s9 Resignation instead of continued proceedings 61(1) Subject to the rules, a member whose conduct is the subject of proceedings under this Division may at any time during the proceedings apply to the Benchers for their approval of the member’s resignation as a member instead of having the proceedings continue.

(2) The Benchers may hold a hearing of an application under this

section if they consider that a hearing is warranted in the circumstances.

(3) The Benchers may reject the application or, if they accept it, (

a) may make their acceptance of the application subject to any conditions the Benchers consider appropriate in the circumstances, and (

b) shall give directions as to the information to be entered in the roll in relation to the member’s resignation.

(4) If a person resigns as a member pursuant to this section, then, subject to any conditions prescribed by the Benchers pursuant to

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Chapter L-8 LEGAL PROFESSION ACT 46 subsection (3)(a), proceedings under this Division shall be discontinued in respect of the conduct that was the subject of the proceedings and to which the resignation relates.

(5) The Benchers may delegate any of their authority under this

section to a committee of the Benchers. RSA 2000 cL-8 s61;2003 c42 s12 Discontinuance of proceedings 62(1) If at any time before a Hearing Committee has commenced its hearing in respect of the conduct of a member the Conduct Committee is satisfied that the circumstances of the conduct do not justify the continuation of proceedings under this Part respecting that conduct, the Conduct Committee may, by a resolution setting out the reasons for its decision, discontinue the proceedings under this

Part in respect of that conduct.

(2) If a Hearing Committee has commenced its hearing in respect of the conduct of a member and is satisfied that the circumstances of the conduct do not justify the continuation of its proceedings respecting that conduct, the Hearing Committee may, by a resolution setting out the reasons for its decision, discontinue its proceedings in respect of that conduct.

(3) If the proceedings discontinued under subsection (1) or (2) in respect of any conduct were commenced as a result of a complaint, the Executive Director shall notify the complainant of the discontinuance and shall give the complainant a copy of the resolution of the Conduct Committee or the Hearing Committee, as the case may be.

(4) If proceedings are discontinued under subsection (1) or (2), no new or further proceedings shall be taken under this

Part in respect of the same conduct that was the subject of the discontinued proceedings without the approval of the Benchers. 1990 cL-9.1 s59;2000 c15 s5(31) Suspension during proceedings 63(1) If the conduct of a member is the subject of proceedings under this Division, the Benchers, without prior notice or hearing, may order the suspension of the membership of the member at any stage of those proceedings if the Benchers consider the suspension warranted in the circumstances having regard to the nature of the conduct.

(2) An order of suspension under subsection (1) (

a) may be terminated by the Benchers at any time on application or on their own motion;

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Chapter L-8 LEGAL PROFESSION ACT 47 (

b) may be terminated by a He aring Committee on application or on its own motion if it considers the continuation of the suspension unwarranted in the circumstances or when it makes a finding under

section 71(1) that the conduct of the member is not conduct deserving of sanction; (

c) terminates on the discontinuance of the proceedings agains t the member under

section 62(1) or (2) unless it has been sooner terminated under clause (

a) or (

b) of this subsection.

(3) If a Hearing Committee is directed to deal with a member’s conduct and considers it warranted in the circumstances to do so having regard to the nature of the conduct, the Hearing Committee, at any time after the direction is made and without prior notice or hearing, may order the suspension of the membership of the member pending the making of the Committee’s decision under

section 71(1) and, if the Committee finds the member guilty of conduct deserving of sanction, pending the making of the Committee’s order under

section 72.

(4) An order of suspension under subsection (3) (

a) may be terminated by the Hearing Committee that made it or by the Benchers, on application or on the Committee’s or the Benchers’ own motion; (

b) terminates on the discontinuance of the proceedings agains t the member under

section 62(1) or (2) unless it has been sooner terminated under clause (

a) of this subsection.

(5) A termination of a suspension by or under subsection (2) or (4) does not preclude the making of another order under this

section for the suspension of the membership of the same member in respect of the same conduct.

(6) The Benchers or a Hearing Committee may, instead of suspension under subsection (1) or (3), impose one or more conditions respecting the conduct of a member referred to in this

section and may suspend the membership of the member in accordance with subsection (1) or (3) if the member fails to fulfil the condition or conditions.

(7) Notwithstanding

section 20(5)(b), where under

section 20(5) the President directs that a vote under this

section be taken by the polling of the Benchers by mail, telegram, telephone or other mode of communication or by any combination of those modes, and (

a) the resolution is agreed to by at least 2/3 of the Bencher s so voting, and

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Chapter L-8 LEGAL PROFESSION ACT 48 (

b) the Benchers so voting constitute a quorum of the Benchers under this Part, the resolution is as valid as if the vote were taken at a properly constituted meeting of the Benchers. RSA 2000 cL-8 s63;2001 c23 s7 Representation by counsel 64 The Society and the member whose conduct is the subject of proceedings under this Division before the Appeal Committee, before the Practice Review Committee or any of its subcommittees, before a Hearing Committee or before the Benchers may be represented by counsel at those proceedings. 1990 cL-9.1 s61;1998 c23 s11 Amendment of notice 65 Subject to the rules, a Hearing Committee may at any time during a hearing before it (

a) amend any notice given to the member under

section 59(1)(a), or (

b) deal with any other conduct of the member that arises in the course of the hearing, but in either event the Committee shall declare its intention to amend the notice or deal with the other conduct and shall permit the member sufficient opportunity to prepare the member’s answer respecting the amendment or the other conduct. 1990 cL-9.1 s62 Membership in Committee continues 66(1) Subject to subsection (2), a member of a Hearing Committee or Appeal Committee who at any time after the commencement of a hearing of the Committee (

a) ceases to be a Bencher, or (

b) becomes the President may continue to act as a member of the Hearing Committee or Appeal Committee in all subsequent proceedings of the Hearing Committee or Appeal Committee.

(2) A person ceases to be a member of a Hearing Committee if (

a) that person ceases to hold office as a Bencher because of

section 18, or

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Chapter L-8 LEGAL PROFESSION ACT 49 (

b) that person’s appointment as a member of the Hearing Committee is revoked under

section 59 by the Conduct Committee or its chair or by the Hearing Committee.

(3) If after the commencement of a hearing the membership of a Hearing Committee or Appeal Committee is reduced, the remaining members of the Hearing Committee or Appeal Committee may continue to act as the Hearing Committee or Appeal Committee if at least 2 members of the Committee remain.

RSA 2000 cL-8 s66;2011 c20 s9 Burden of proof 67 When it is established or admitted in any proceedings under this Division that a member has received any money or other property in trust, the burden of proof that the money or other property has been properly dealt with lies on the member. 1990 cL-9.1 s64 Evidence 68(1) In proceedings under this Division, a Hearing Committee, the Practice Review Committee or the Appeal Committee (

a) may hear, receive and exami ne evidence in any manner it considers proper, and (

b) is not bound by any rules of law concerning evidence in judicial proceedings.

(2) Any member of a Committee referred to in subsection (1) may administer an oath to a witness who is to give evidence before that Committee. RSA 2000 cL-8 s68;2011 c20 s9 Witness 69(1) A member whose conduct is the subject of a hearing before a Hearing Committee is a compellable witness in proceedings before that Committee.

(2) A witness in proceedings before a Hearing Committee may be examined on oath on all matters relevant to the hearing and shall not be excused from answering any question on the ground that the answer (

a) might tend to incriminate the witness, (

b) might subject the witness to punishment under this Part, or (

c) might tend to establish the witness’s liability

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Chapter L-8 LEGAL PROFESSION ACT 50 (

i) to a civil proceeding at th e instance of the Crown or of any other person, or (ii) to prosecution under any Act, but the answer so given, if it tends to incriminate the witness, subject the witness to punishment or tends to establish the witness’s liability, shall not be used or received against the witness in any other proceedings under this or any other Act except as provided under subsection (3).

(3) An answer referred to in subsection (2) may be used or received against the witness who gave it in (

a) other proceedings against t he witness under this Division, (

b) proceedings under

section 89 in respect of a claim against the Assurance Fund, or (

c) an action against the witn ess under

section 91 or 97(2).

(4) For the purpose of obtaining the testimony in proceedings before a Hearing Committee of a witness who is out of Alberta, the Court of King’s Bench on an ex parte application by the Society may direct the obtaining of the evidence of the witness in the manner provided under the Alberta Rules of Court for the taking of the evidence of a person outside Alberta.

(5) The Executive Director, the Society’s counsel, the member whose conduct is the subject of a hearing before a Hearing Committee or the member’s counsel may issue a notice to a person requiring that person to attend as a witness before the Hearing Committee at the time and place stated in the notice and stating the records, if any, that the person is required to produce at that hearing.

(6) A witness, other than the member whose conduct is the subject of a hearing before a Hearing Committee, who has been served with a notice to attend or a notice for the production of records under subsection (5) is entitled to be paid the same fees, expenses and allowances as are payable to witnesses in an action in the Court of King’s Bench. RSA 2000 cL-8 s69;2009 c53 s97;AR 217/2022 Attendance of witnesses 70(1) If a person has been served with a notice referred to in

section 69(5) and (

a) fails to attend as a witness before the Hearing Committee in compliance with the notice,

RSA 2000

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Chapter L-8 LEGAL PROFESSION ACT 51 (

b) fails to produce any records before the Hearing Committee in compliance with the notice, (

c) refuses to be sworn as a witness before the Hearing Committee, or (

d) refuses to answer any question put to the person in a hear ing before the Hearing Committee after the chair of the Committee has directed the person to do so, the Court of King’s Bench, on application, may make an order requiring that person to do what that person has failed or refused to do.

(2) The Hearing Committee, on proof of service of a notice referred to in

section 69(5) on the member whose conduct is the subject of the hearing, may (

a) proceed with the hearing in the absence of the member, and (

b) act and report on the member’s conduct in the same way as if the member were in attendance. RSA 2000 cL-8 s70;AR 217/2022 Finding by Hearing Committee 71(1) On completing its hearing, a Hearing Committee shall, in respect of each act or matter regarding the member’s conduct that was the subject of the hearing, make a finding as to whether the member is or is not guilty of conduct deserving of sanction in respect of that act or matter.

(2) If the Hearing Committee makes a finding under subsection (1) that the member is not guilty of conduct deserving of sanction, no further proceedings shall be taken under this

Part in respect of the act or matter to which the finding relates.

(3) If the Hearing Committee makes a finding under subsection (1) that the member is guilty of conduct deserving of sanction, the Committee, (

a) on application by the couns el for the Society, shall receive the report of the Executive Director showing the record, if any, of the member relating to previous proceedings against the member under this Part or the predecessors of this Part, and (

b) if the Committee is requested to do so by a member of the Committee, by the member or the member’s counsel or by the counsel for the Society, shall hear representations as to whether the member’s conduct arose from incompetence.

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Chapter L-8 LEGAL PROFESSION ACT 52

(4) If the Hearing Committee hears representations under subsection (3)(b), the Committee may make a determination that the member’s conduct arose from incompetence.

(5) On receiving a report and on hearing the representations, if any, under subsection (3) and on making a determination, if any, under subsection (4), the Hearing Committee shall hear the representations, if any, by or on behalf of the member and by the counsel for the Society regarding the order to be made by the Committee under

section 72 and, where applicable, the order to be made by the Committee under

section 73. 1990 cL-9.1 s68;2000 c15 s5(31) Order of the Hearing Committee 72(1) If a Hearing Committee finds that a member is guilty of conduct deserving of sanction, the Committee shall either (

a) order that the me mber be disbarred, (

b) order that the membership of the member be suspended during the period prescribed by the order, or (

c) order that the me mber be reprimanded.

(2) In addition to an order under subsection (1), the Hearing Committee may make one or more of the following orders: (

a) an order that imposes on the member conditions on the member’s suspension or on the member’s practice as a barrister and solicitor, a requirement that the member appear before a Board of Examiners, or any other condition or requirement permitted by the rules; (

b) an order requiring the payment to the Society, for each ac t or matter regarding the member’s conduct in respect of which the Committee has made a finding of guilt, of a penalty of not more than $10 000, within the time prescribed by the order; (

c) an order requiring the payment to the Society of all or pa rt of the costs of the proceedings within the time prescribed by the order.

(3) A suspension order made under subsection (1)(

b) may be terminated by the Benchers on their own motion or, subject to the rules, on application.

(4) If the Hearing Committee makes an order of suspension or reprimand under subsection (1), it may also make an order directing that the member is not ineligible for nomination or

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Chapter L-8 LEGAL PROFESSION ACT 53 election as a Bencher by reason of the finding of guilt on which the order is based.

(5) The Society may, by an action in debt, recover any penalties or costs payable under an order made pursuant to subsection (2) from the person required to pay them. 1990 cL-9.1 s69;2000 c15 s5(25) Orders respecting incompetence 73(1) If the Hearing Committee determines that the conduct of the member arose from incompetence and makes an order of reprimand under

section 72(1)(

c) in respect of that conduct, the Hearing Committee, in addition to making the order of reprimand and any other order under

section 72(2), may make one or more of the following orders: (

a) an order suspending the membership of the member or imposing conditions respecting the member’s practice as a barrister and solicitor until (

i) the member has completed, to the satisfaction of the Practice Review Committee, a course or courses of study specified by that Committee, or (ii) the member has appeared before a Board of Examiners and has satisfied the Board that the member is competent to engage in practice as a barrister and solicitor generally or in any specified field or fields of law, or both; (

b) an order requiring the member (

i) to complete successfully a course or courses of study specified by the Practice Review Committee within the period of time prescribed by that Committee, or (ii) to appear before a Board of Examiners within the period prescribed by the Hearing Committee and satisfy the Board that the member is competent to engage in practice as a barrister and solicitor generally or in any specified field or fields of law, or both; (

c) an order suspending the membership of the member until the member has appeared before a Board of Examiners and has satisfied the Board that the member’s competence to practise as a barrister and solicitor is not adversely affected

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Chapter L-8 LEGAL PROFESSION ACT 54 by any physical or mental disability or addiction to alcohol or drugs; (

d) an order requiring the member to appear before a Board of Examiners within the period of time prescribed by the order and to satisfy the Board that the member’s competence to practise as a barrister and solicitor is not adversely affected by any physical or mental disability or addiction to alcohol or drugs; (

e) an order suspending the membership of the member or imposing conditions respecting the member’s practice as a barrister and solicitor until the member has given the Executive Director an undertaking in writing, in a form approved by the Practice Review Committee, that the member’s practice as a barrister and solicitor will be carried on subject to the conditions imposed by that Committee.

(2) The conditions that may be imposed in an order under subsection (1)(

a) or (

e) or in an undertaking given under subsection (1)(

e) may, without limitation, consist of or include any of the following: (

a) a condition that the member’s practice be restricted to any specified field or fields of law; (

b) a condition that the member be prohibited from practising in any specified field or fields of law; (

c) a condition that the member’s practice be carried on under the direct supervision of one or more of the active members named in the order or undertaking. (3) Subsections (1) and (2) do not apply to a student-at-law.

(4) If the Hearing Committee determines that the conduct of a student-at-law arose from incompetence and makes an order of reprimand under

section 72(1)(

c) in respect of that conduct, the Hearing Committee, in addition to the order of reprimand and any other order under

section 72(2), may make one or more of the following orders against the student-at-law: (

a) an order requiring the student-at-law (

i) to complete successfully a course or courses of study designated by the Practice Review Committee within the period of time prescribed by that Committee, or

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Chapter L-8 LEGAL PROFESSION ACT 55 (ii) to appear before a Board of Examiners and satisfy the Board that the student-at-law is competent to continue articles; (

b) an order suspending the registration of the student-at-law until (

i) the student-at-law has comp leted, to the satisfaction of the Practice Review Committee, a course or courses of study specified by the Practice Review Committee, or (ii) the student-at-law has appeared before a Board of Examiners and has satisfied the Board that the student-at-law is competent to resume articles, or both; (

c) an order suspending the registration of the student-at-law until the student-at-law has appeared before a Board of Examiners and has satisfied the Board that the student-at-law’s competence to resume articles is not adversely affected by any physical or mental disability or addiction to alcohol or drugs.

(5) A Board of Examiners shall be appointed by the chair of the Hearing Committee, the chair of the panel of Benchers or the Court of Appeal, as the case requires. 1990 cL-9.1 s70;1998 c23 s11;2000 c15 s5(31) Written report by Hearing Committee 74(1) On completing its hearing and deliberations, a Hearing Committee shall (

a) prepare a written report that sets out (

i) each of its decisions and t he reasons for its decisions, (ii) the findings of fact and the conclusions of law, if any, and (iii) any order made by that Committee, a n d (

b) give a copy of the report to the chair of the Conduct Committee and to the Executive Director.

(2) If a Hearing Committee has found the member guilty of conduct deserving of sanction but any of its decisions in respect of

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Chapter L-8 LEGAL PROFESSION ACT 56 its finding, determination or order is not unanimous, the dissenting member or members of the Committee shall (

a) prepare a written report respecting the dissent and containing the reasons for the dissent, and (

b) give a copy of the report to the chair of the Conduct Committee and to the Executive Director.

(3) The Executive Director, on receipt of a report under subsection (1) or (2), shall within a reasonable time (

a) give a copy of th e report to the member or the member’s counsel, and (

b) subject to subsection (3.1), send to the complainant a cop y of the report.

(3.1) If the whole or part of a hearing has been held in private, the complainant is not entitled to receive the portion of the report relating to any part of the hearing held in private for the benefit of another person.

(4) The Executive Director must provide a copy of a report under subsection (1) or (2) to any person requesting a copy on payment of a reasonable fee to cover the cost of preparing the copy, but (

a) if the hearing to which the report relates was held wholly in private, the Executive Director shall refuse to provide a copy of the report, and (

b) if the hearing to which the report relates was held partly in private, the Executive Director shall refuse to provide that portion of the report relating to the part of the hearing held in private.

(4.1) The chair of the Conduct Committee shall determine what portions of a report may be provided for the purposes of subsections (3.1) and (4).

(4.2) A determination by the chair of the Conduct Committee under subsection (4.1) may be appealed to the Appeal Committee in accordance with the Rules, and on hearing the appeal, the Appeal Committee shall either (

a) confirm the determination made by the chair of the Conduct Committee, or (

b) make its own determination.

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(5) If an appeal is taken by the member to the Benchers under this Part, the Executive Director shall, at the expense of the member, arrange for the preparation of the hearing record of the hearing.

(6) Notwithstanding subsection (5), the Benchers may (

a) waive the payment of all or part of the cost of the preparation of the hearing record, or (

b) in the event that the appeal is wholly or partly successful, direct that all or part of the cost of preparation of the hearing record be repaid to the member or be applied to reduce the amount of any penalties or costs otherwise payable by the member. RSA 2000 cL-8 s74;2003 c42 s12 Appeal to Benchers 75(1) If the Hearing Committee makes an order under

section 72(1), the member in respect of whom the order is made may appeal to the Benchers in accordance with this section.

(2) An appeal to the Benchers under this

section may relate to all or any of the following: (

a) any finding of guilt by the Hearing Committee under sectio n 71(1) on which the order under

section 72(1) was based; (

b) a determination by the Hearing Committee under

section 71(4) that the member’s conduct arose from incompetence; (

c) all or any part of an orde r made by the Hearing Committee against the member pursuant to

section 72.

(3) An appeal under this

section shall be commenced by filing a notice of appeal with the Executive Director within the 30-day period after the date on which a copy of the hearing report was given to the member or the member’s counsel.

(4) If an appeal is taken to the Benchers under this section, the Executive Director shall (

a) serve a notice on the member or the member’s counsel showing the time and place at which the hearing report and the hearing record are to be considered by the Benchers and stating that the member may appear before the Benchers at that time and place in person or by the member’s counsel, (

b) serve on the member concerned or the member’s counsel a copy of the hearing report and the hearing record, and

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c) give copies of the hearing report and the hearing record to those Benchers who, to the Executive Director’s knowledge, are expected to form the panel of Benchers who will hear the matter or who may be included in that panel.

(4.1) Where an application is being brought under

section 76(11)(

c) to dismiss an appeal, copies of the hearing record are not required to be served or given under subsection (4)(

b) and (c).

(5) If it is not reasonably practical for the Executive Director to serve or give a copy of an exhibit or a recording forming part of the hearing record, the Executive Director shall (

a) with the authorization of the President, make the original exhibit available for examination and inspection, or the recording for listening, by the member or the member’s counsel prior to the hearing of the appeal, and (

b) make the original exhibit available for examination and inspection, or the recording for listening, by the Benchers at the hearing of the appeal.

(6) At any time after the Hearing Committee informs the member of its decision to make an order against the member under

section 72(1) and on notice to the Executive Director, the member may apply to the Hearing Committee for a stay of the operation of the order, pending the conclusion of the appeal to the Benchers.

(7) The Hearing Committee may make an order applied for under subsection (6) with or without imposing conditions on the member, but the Committee shall refuse to make the order if it is satisfied that the conduct of the member involves the conversion or misappropriation of property or that, having regard to the nature of the member’s conduct, it is proper to refuse to make the order. RSA 2000 cL-8 s75;2003 c42 s12;2011 c20 s9 Hearing by Benchers 76(1) If an appeal is taken to the Benchers under

section 75, the Benchers shall, as soon as practicable and subject to compliance with

section 75, hold a hearing to (

a) consider the hearing repo rt and the hearing record, and (

b) hear any representations o f the member or the member’s counsel respecting the appeal.

(2) A Bencher is qualified to participate in or vote at proceedings before the Benchers under this

section unless that Bencher

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Chapter L-8 LEGAL PROFESSION ACT 59 (

a) was a member of the Hear ing Committee from which the appeal is taken, (

b) participated as a member o f the Conduct Committee, the Practice Review Committee or the Appeal Committee in proceedings of that Committee relating to the same matter that was the subject of the hearing by the Hearing Committee from which the appeal is taken, (

c) except in the case of an application under subsection (11) (c), did not receive a copy of the hearing report and the hearing record before the hearing commenced, or (

d) is otherwise disqualified.

(3) A member of a panel of Benchers hearing an appeal under this

section may continue to act until the appeal is concluded notwithstanding that the member ceases to be a Bencher after the commencement of the hearing unless the member ceases to hold office as a Bencher because of

section 18.

(4) If after the commencement of a hearing of an appeal under this

section the membership of the panel of Benchers is reduced, the remaining members of the panel may continue to act as the panel for the purpose of concluding the appeal if at least 5 members of the panel remain.

(5) The commencement of a hearing under this

section may be adjourned from time to time (

a) by the Benchers, or (

b) by a committee of the Bench ers pursuant to the rules.

(6) The panel of Benchers holding a hearing under this

section may, on application for leave to receive fresh evidence, inquire into the nature of that evidence and, on granting leave, may (

a) direct that all or part of the fresh evidence will be received by the panel, (

b) direct the Hearing Committ ee from which the appeal was taken to hold a further hearing to hear the fresh evidence, or (

c) quash a finding of guilt made by the Hearing Committee and direct that the conduct that was the subject of the finding be dealt with at a new hearing by a different Hearing Committee.

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(7) If the panel of Benchers receives fresh evidence pursuant to subsection (6)(a), sections 68 to 70 apply with respect to the proceedings of the panel at which the fresh evidence is received, and for that purpose a reference in those sections to a Hearing Committee shall be read as a reference to the panel.

(8) If the panel of Benchers directs a further hearing before the Hearing Committee pursuant to subsection (6)(b), (

a) the Hearing Committee shall receive evidence at the further hearing in accordance with the instructions and conditions given or imposed by the panel; (

b) the Hearing Committee may revoke any finding of guilt or any determination respecting incompetence previously made by it or amend or replace any order made by it under

section 72 or 73; (

c) section 74 applies with respect to the further hearing and the hearing record of the further hearing; (d)

section 75(4)(

b) and (

c) and (5) apply with respect to the hearing report and the hearing record of the further hearing; (

e) a panel of the Benchers sha ll reconvene the hearing of the appeal and shall dispose of the appeal having regard also to the hearing report and the hearing record of the further hearing.

(9) If the panel of Benchers directs a new hearing before a different Hearing Committee pursuant to subsection (6)(c), (

a) section 59 applies to the n ew hearing as if that

section referred to the Benchers rather than to the Conduct Committee, and (

b) each member of the panel is disqualified from being a member of the new Hearing Committee but is not disqualified merely because of that membership on the panel from being a member of the panel of Benchers that hears any appeal from the new Hearing Committee.

(10) If a meeting of the panel of Benchers is held after the conclusion of a hearing under this

section to consider its decision on the appeal, the only persons who may be present at the meeting are (

a) the members of the panel, and

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b) the Executive Director, or some other person designated by the panel, only for the purpose of recording minutes of the meeting.

(11) The Benchers may make an order dismissing the appeal, with or without a further order requiring the member to pay to the Society all or part of the costs of the proceedings relating to the appeal, if (

a) neither the member nor the member’s counsel appears before the Benchers at the time and place at which the hearing is to be held and the Benchers determine that the Executive Director has complied with

section 75(4)(

a) and (b), (

b) the member or the member’s counsel appears before the Benchers for the purpose of applying for an adjournment of the hearing and the Benchers consider the adjournment unjustified in the circumstances, or (

c) the Benchers are satisfied t hat the member has otherwise abandoned the appeal. RSA 2000 cL-8 s76;2003 c42 s12 Order by Benchers 77(1) Within a reasonable time after the conclusion of their appeal hearing under

section 76, the Benchers may, in respect of any conduct that resulted in the order of the Hearing Committee under

section 72(1), make one or more of the following orders: (

a) an order (

i) confirming the Hearing Co mmittee’s finding of guilt in respect of the member’s conduct, or (ii) quashing the finding of guilt, with or without a further order under subsection (3); (

b) an order confirming or quashing a determination by the Hearing Committee that the member’s conduct arose from incompetence; (

c) where the Benchers conf irm the Hearing Committee’s finding of guilt, an order confirming or varying the Committee’s order under

section 72 or replacing it with any other order that the Committee could have made under that section;

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Chapter L-8 LEGAL PROFESSION ACT 62 (

d) where the Benchers replace the Hearing Committee’s order under

section 72(1)(

a) or (

b) with an order of reprimand under

section 72(1)(c), (

i) an order confirming the Committee’s determination, or making their own determination, that the member’s conduct arose from incompetence, and (ii) any order under

section 73 against the member that the Hearing Committee could have made; (

e) if the appeal does not re sult in the confirmation or making of an order of disbarment, an order (

i) confirming the Committee’s order under

section 72(4), or (ii) directing that the member is not ineligible for nomination or election as a Bencher because of the finding of guilt on which the order under

section 72 is based.

(2) Notwithstanding

section 21, if the Benchers vote on a motion to make an order under subsection (1) either to confirm or to quash a finding, determination or order of a Hearing Committee and there is an equality of votes on the motion, the Benchers are deemed to have voted in favour of confirming the finding, determination or order.

(3) If the Benchers under subsection (1)(

a) quash a finding of guilt, (

a) the Benchers may also mak e an order directing that the member’s conduct that was the subject of the finding be dealt with at a new hearing by a different Hearing Committee, and (

b) section 59 applies to the matter as though that

section referred to the Benchers rather than to the Conduct Committee.

(4) An order for the suspension of the membership of a member that is confirmed or made by the Benchers under subsection (1) may, at any time after the Benchers’ order, be terminated by the Benchers on their own motion or, subject to the rules, on application.

(5) After the Benchers have made an order under

section 76(11) or this section, the Executive Director shall (

a) prepare a

summary of the order,

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Chapter L-8 LEGAL PROFESSION ACT 63 (

b) give a copy of the

summary t o the member or the member’s counsel, and (

c) send a copy of the

summary to the complainant, if any. RSA 2000 cL-8 s77;2011 c20 s9 Public or private proceedings 78(1) The public may attend and observe a hearing before a Hearing Committee or an application under

section 61 or an appeal under

section 76 except to the extent that the hearing is directed to be held in private under subsection (2).

(2) The Hearing Committee or the Benchers, as the case may be, on their own motion or on the application of the member concerned, the complainant, any person expected to be a witness at the hearing or any other interested party at any time before or during the proceedings, may, subject to the rules, direct that all or part of the hearing is to be held in private.

(3) Proceedings under this Division, other than hearings referred to in subsection (1) and hearings before the Court of Appeal, shall be held in private.

(4) Nothing in subsections (1) to (3) prevents the Society from disclosing or publishing the name of a member whose conduct is the subject of a hearing under this Division held wholly or partly in private.

(5) Notwithstanding subsections (1) to (4), where the Conduct Committee is of the opinion that there are reasonable and probable grounds to believe that a member has committed a criminal offence, it may direct the Executive Director to advise the Minister.

(6) Notwithstanding subsections (1) to (4), if following a hearing under this Division, the Hearing Committee or the panel of Benchers is of the opinion that there are reasonable and probable grounds to believe that the member has committed a criminal offence, the Hearing Committee or the panel, as the case may be, shall forthwith direct the Executive Director to send a copy of the hearing record to the Minister.

(7) On receiving a direction under subsection (6), the Executive Director shall forthwith provide to the Minister the following: (

a) the member’s name; (

b) the criminal offence suspected to have been committed; (

c) copies of all witness statements but not compelled statements given by the member;

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d) copies of all relevant evidence, including transcripts, bu t not transcripts subject to claims of solicitor-client privilege or client confidentiality, nor transcripts of the member’s testimony; (

e) a general description of r elevant evidence in the possession of the Society that the Society claims may be subject to solicitor-client privilege; (

f) a general description of relevant evidence in the possessi on of the Society, that the Society claims may be confidential to the client.

(8) On request by the Minister, the Executive Director shall forthwith provide to the Minister any compelled statements of the member or any testimony of the member not subject to claims of solicitor-client privilege or client confidentiality. RSA 2000 L-8 s78;2002 c30 s19;2003 c42 s12; 2013 c10 s34;2022 c21 s50 Suspension for non-payment 79(1) Unless the Conduct Committee otherwise directs before the expiration of the period prescribed by the order, the membership of a member is automatically suspended until payment is made in full if (

a) an order is made agains t the member by a Hearing Committee or the Benchers for the payment of a penalty or of all or part of the costs of any proceedings under this Division, and (

b) payment in full is not recei ved by the Society within the period prescribed by the order. (2) Subsection (1) does not affect the operation of any other order under this Part for the suspension of the membership of a member. 1990 cL-9.1 s76 Appeal to Court of Appeal 80(1) A person found guilty of conduct deserving of sanction may appeal to the Court of Appeal any or all of the following: (

a) a finding, determinatio n or order made by a Hearing Committee that may not be appealed to the Benchers under

section 75; (

b) an order of the Benchers under

section 76(11); (

c) all or part of an order made against the member by the Benchers under

section 77(1).

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(2) The appeal shall be commenced not more than 30 days after the date on which the finding, determination or order appealed from was made by (

a) filing a notice of appeal with the Registrar of the Court at Edmonton or Calgary, and (

b) serving a copy of the notice of appeal on the Executive Director.

(3) A judge of the Court of Appeal may, within the 30-day period referred to in subsection (2), extend the time for filing or service under subsection (2).

(4) The Society shall be named as the sole respondent in an appeal under this section.

(5) The Executive Director, at the expense of an appellant under this section, shall arrange for the preparation of the hearing record of the hearing before the Hearing Committee.

(6) Notwithstanding subsection (5), the Benchers may waive the payment of all or part of the cost of the preparation of the hearing record.

(7) The appellant, after commencing the appeal and on not

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cL-8
Type	statute
Volume / chapter	RSA 2000 cL-8
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	64a4fec750629ede4a22cec5d01010eca3a3ff09

Source file is stored in the law ingest library (pdf).