Bill 27 — Fifth Session, 15Th Legislature, 15 Elizabeth Ii the Legislative Assembly of Alberta Bill 27 An Act To Amend the Legal Profession Act, 1966 the Attorney General (Legislature 15, Session 5)

L15 S5 1228

Alberta — Bills

1967 Bill 27 Fifth Session, 15th Legislature, 15 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 27

An Act to amend The Legal Profession Act, 1966 THE ATTORNEY GENERAL First Reading ............................................................. . Second Reading ......................................................... . Third Reading ........................................................... . Printed by L. S. 'Vall, Queen's Printer, Edmonton

BILL 27 1967

An Act to amend The Legal Profession Act, 1966 (Assented to , 1967) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Legal Profession Act, 1966 is hereby amended.

Section 6, subsection (2) is amended by striking out clause (

e) and by substituting the following: (

e) providing for the reinstatement (

i) of members and students-at-Iaw under sus pension, (ii) of former members whose names have been struck off the roll, and (iii) of former students-at-Iaw whose articles have been terminated pursuant to

section 32 or

section 33 or pursuant to orders of the Benchers under

Part 3, as the case may be, and prescribing the terms and conditions upon which reinstatement may be granted,

Section 46 is struck out and the following

section is substituted: 46. The Benchers shall appoint from among their mem bers a Discipline Committee and shall designate for it a chairman and one or more vice-chairmen.

Section 47 is amended by striking out clause (

a) and by SUbstituting the following: (

a) providing for the making of preliminary investiga tions into any matter regarding the conduct of a member or a student-at-law, whether 'a complaint is made or not,

Section 48 is amended by adding the following sub section:

(3) A person making a preliminary investigation into a matter concerning the conduct of a member may investi-

Explanatory Notes I. This Bill amends -chapter 46 of the Statutes of Alberta, 1966. 2.

Section '6, subsection (2), clause (

e) presently reads:

(2) Without restrieting the generality of subseotion (I), the Benchers may make rules (

e) providing for the reinstatement of former members and of mem bers and students-at-law under suspension pursuant to orders of the Benehers under PaI"t 3, and prescribing the terms and con ditions upon which reinstatement may be granted,

Section 46 presently provides that: the Discipline Committee consists -of all the Benchers.

Section 47, clause (

a) presently reads: 47. The Benchers may make rules (

a) providing for the making of preliminary investigations into com plaints regarding the conduct of membe~s ~r students-l3;t-Iaw by the chairman or vice-chairman of the DIscIpline CommIttee, the Secretary or the Society's solicitor, This amendment will enable a preliminary investigation to be made without a formal complaint having to be made. S. Self-explanatory.

gate any other matter regarding the conduct of the member concerned that arises in the course of the investigation. 6. Sections 49, 50 and 51 are struck out and the follow ing sections are substituted: 49. The chairman or a vice-chairman of the Discipline Committee shall review any matter regarding the conduct of a member of the Society brought to his attention by the Secretary or otherwise, whether a complaint is made or not, and shall either (

a) direct that no further action be taken if he is of the opinion that the matter concerning the member's conduct does not constitute conduct unbecoming a barrister and solicitor, or (

b) direct that a preliminary investigation be held re garding the matter, or (

c) direct that the matter be dealt with by an investi ga ting committee. 50. Upon the conclusion of a preliminary investigation, the chairman or a vice-chairman of the Discipline Commit tee shall either (

a) direct that no further action be taken if he is of the opinion that the matter concerning the mem ber's conduct does not constitute conduct unbecom ing a barrister and solicitor, or (

b) direct that the matter be dealt with by an investi gating committee. 51. Where a matter regarding the conduct of a member is brought to the attention of the chairman or vice-chair man of the Discipline Committee as a result of a complaint and where the chairman or a vice-chairman of the Dis cipline Committee directs pursuant to

section 49 or 50 that no further action be taken with respect to the matter, the complainant may appeal his direction to the Benchers who, in either or both cases may make any direction regarding it that the chairman could have made under those sections.

Section 52 is amended by striking out subsection (1) and by substituting the following: 52.

(1) Where the chairman or a vice-chairman 'Of the Discipline Committee directs that a matter regarding the conduct of a member is to be dealt with by an investigat ing committee under this Part, he shall 2 (

a) direct the Secretary to lay a charge of conduct un becoming a barrister and solicitor against the mem ber concerned containing particulars of the un becoming conduct, and (

b) appoint an investigating committee to conduct an investigation regarding the charge.

6. Sections 49, 50 and 51 are revised to conform to the change to

section 47 by removing the references to ·complaints. 7. A reference to a complaint is removed. 2

Section 91 is amended by renumbering the

section as subsection (1) and by adding the following subsection:

(2) A prosecution under this

section may be commenced within two years after the commission of the offence, but not thereafter. 9. This Act comes into force on the day upon which it is assented to. 3

8. This new provision is equivalent to

section 75, subsection (2) of the previous Act: which was inadvertently omitted from the new Act in 1966. 3 Title: 1967 (15th, 5th) Bill 27,

An Act to amend The Legal Profession Act, 1966

Document details

Collection	Alberta — Bills
Citation	L15 S5 1228
Type	bill
Volume / chapter	L15 S5 1228
Language	en
Format	json
Source	PROVINCIAL
Identifier	74f358fab44adb6b23b0a9c7981c521f86e66120

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