Law Society Rules

Effective July 1, 2015; updated November 2024

Highlights of Amendments

Contents

Rule 1  Definitions

Part 1 – Organization

Division 1 – Law Society

Benchers
1-1 Term of office
1-2 Term limits
1-3 Oath of office
1-4 Life Benchers
1-5 President and Vice-Presidents
1-6 Removal of the President or a Vice-President
1-7 Bencher ceasing to hold office

Meetings
1-8 Annual general meeting
1-9 Telephone and internet connections
1-9.1 Annual general meeting by internet connection
1-10 Auditors
1-11 Special general meeting
1-12 Quorum
1-13 Procedure at general meeting
1-13.1 Voting in advance of general meeting
1-13.2 Voting at general meeting
1-14 Bencher meetings
1-15 Notice of Bencher meeting
1-16 Procedure at Bencher meeting
1-17 Quorum for committee meetings
1-18 Procedure for committee meetings

Elections
1-19 Second Vice-President-elect
1-20 Bencher elections
1-21 Regional election of Benchers
1-22 Qualifications of candidate
1-23 Nomination
1-24 Acclamation
1-25 Eligibility and entitlement to vote
1-26 Voter list
1-27 Voting period and procedure
1-28 Order of names on ballot
1-30 Alternative vote ballot
1-34 Declaration of candidates elected
1-35 Election record and disclosure of votes received
1-36 Review by Executive Committee
1-37 Retention of documents
1-38 Bencher by-election
1-39 Appointment of Bencher to represent a district
1-40 Referendum ballots
1-41 Election of Executive Committee
1-42 Date falling on Saturday, Sunday or holiday
1-43 Interruption of postal service
1-44 Extension of dates

General
1-44.1 Executive Director's delegate
1-45 Seal
1-46 Laying of information
1-47 Freedom of Information and Protection of Privacy Act
1-48 Appointment of Law Society counsel

Division 2 – Committees

1-49  Committees of the Benchers
1-50 Executive Committee
1-51 Powers and duties

Division 3 – Law Society Rules

1-52  Act, Rules and Code

Part 2 – Membership and Authority to Practise Law

Division 1 – Practice of Law

Members
2-1 Categories of membership
2-2 Member in good standing
2-3 Non-practising members
2-4 Retired members
2-5 Release from undertaking
2-6 Legal services by non-practising and retired members
2-7 Certificates and permits

Member information
2-8 Annual practice declaration
2-9 Definition
2-10 Business address
2-11 Residential address
2-12 Practice history

Law firms
2-12.1 Definitions and application
2-12.2 Registration
2-12.3 Self-assessment report
2-12.4 Late delivery
2-12.5 Designated representative

Paralegals
2-13 Supervision of limited number of designated paralegals

Unauthorized practice
2-14 Unauthorized practice of law

Inter-jurisdictional practice
2-15 Definitions
2-16 Inter-jurisdictional practice without a permit
2-17 Disqualifications
2-18 Federal jurisdiction
2-19 Inter-jurisdictional practice permit
2-20 Application for inter-jurisdictional practice permit
2-21 Non-practising and retired members
2-22 Expiry and renewal of inter-jurisdictional practice permit
2-23 Responsibilities of visiting lawyer
2-24 Enforcement
2-25 Trust funds
2-26 Dispute resolution
2-27 National Registry of Practising Lawyers

Information sharing
2-27.1 Sharing information with a governing body

Practitioners of foreign law
2-28 Definitions
2-29 Practitioners of foreign law
2-30 Conditions and limitations
2-31 Providing foreign legal services without a permit
2-32 Dual qualification
2-33 Marketing of legal services by practitioners of foreign law
2-34 Renewal of permit

Canadian legal advisors
2-35 Scope of practice
2-36 Requirements

Non-resident partners
2-37 Inter-jurisdictional law firms

Multi-disciplinary practice
2-38 Definition and application
2-39 Conditions for MDP
2-40 Application to practise law in MDP
2-41 Consideration of MDP application
2-42 Changes in MDP
2-43 Cancellation of MDP permit
2-44 Lawyer’s professional duties
2-45 Privilege and confidentiality
2-46 Conflicts of interest
2-47 Liability indemnification
2-48 Trust funds
2-49 Notifying the Society

Division 2 – Admission and Reinstatement

Credentials Committee
2-50 Credentials Committee
2-51 Referral to Credentials Committee
2-52 Powers of Credentials Committee

Application for enrolment, admission or reinstatement
2-53 Disclosure of information

Admission program
2-54 Enrolment in the admission program
2-55 Re-enrolment
2-56 Consideration of application for enrolment
2-57 Principals
2-58 Hiring articled students
2-59 Articling term
2-60 Legal services by articled students
2-61 Mid-term report
2-62 Part-time articles
2-63 Law clerks
2-64 Articles in another Canadian jurisdiction
2-65 Practice experience in a common law jurisdiction outside Canada
2-66 Secondment of articles
2-67 Assignment of articles
2-68 Other employment
2-69 Leave during articles
2-70 Temporary articles
2-71 Court and tribunal appearances by temporary articled students
2-72 Training course
2-73 Tutorial program
2-74 Review of failed standing
2-75 Termination of enrolment

Call and admission
2-76 Call and admission
2-77 First call and admission
2-78 Law school faculty
2-79 Transfer from another Canadian jurisdiction
2-80 In-house counsel
2-81 Transfer under National Mobility Agreement and Territorial Mobility Agreement
2-82 Transfer as Canadian legal advisor
2-83 Consideration of application for call and admission
2-84 Barristers and solicitors’ oath and presentation in court

Reinstatement
2-85 Reinstatement of former lawyer
2-86 Subsequent application for reinstatement

Former judge or associate judge
2-87 Former judge or associate judge

Returning to practice
2-88 Definition and application
2-89 Returning to practice after an absence
2-90 Conditions on returning to practice

Credentials hearings
2-91 Notice to applicant
2-92 Security for costs
2-93 Law Society counsel
2-102 Inactive applications
2-103 Publication of credentials decision
2-104 Anonymous publication

Division 3 – Fees and Assessments

2-105  Annual practising and indemnity fee instalments
2-105.1 Annual non-practising and retired member fees
2-106 Assessments
2-107 Application fees
2-108 Late payment
2-108.1 Failure to pay fees
2-109 Definition and application
2-110 Trust administration fee
2-111 Late payment of trust administration fee
2-112 Executive Director’s discretion
2-113 Referral to Executive Committee
2-114 Taxes payable
2-115 Refund when lawyer does not practise law
2-116 Refund on exemption during practice year
2-117 Money owed to the Society
2-118 No refund on suspension

Part 3 – Protection of the Public

Division 1 – Complaints

3-1  Application
3-2 Complaints
3-3 Confidentiality of complaints
3-4 Consideration of complaints and other information
3-5 Investigation of complaints
3-6 Failure to produce records on complaint investigation
3-7 Resolution by informal means
3-7.1 Resolution by consent agreement
3-7.2 Breach of consent agreement
3-7.3 Amending consent agreement
3-7.4 Publication of consent agreement
3-8 Action on a complaint
3-9 Notice

Division 1.01 – Health issues

3-9.1  Proceeding on health issue
3-9.2 Risk mitigation
3-9.3 Health information
3-9.4 Consent agreement
3-9.5 Practice conditions and limitations
3-9.6 Amending consent agreement
3-9.7 Breach of consent agreement
3-9.8 Records and confidentiality
3-9.9 Referral to complaint investigation process
3-9.10 Dispute resolution

Division 1.1 – Extraordinary action to protect public

3-10  Interim suspension or practice conditions
3-11 Medical examination
3-12 Public protection proceeding
3-12.1 Notice to lawyer or articled student
3-12.2 Non-disclosure
3-12.3 Review of interim suspension or practice conditions

Division 1.2 – Complainants' Review Committee

3-13  Appointment of Complainants’ Review Committee
3-14 Review by Complainants’ Review Committee

Division 2 – Practice Standards

3-15  Practice Standards Committee
3-16 Objectives
3-17 Consideration of complaints
3-18 Practice review
3-19 Action by Practice Standards Committee
3-20 Conditions or limitations on practice
3-21 Referral to Discipline Committee
3-22 Remedial program
3-23 Confidentiality of Practice Standards Committee deliberations
3-24 Report to complainant
3-25 Costs

Division 3 – Education

3-26  Definitions
3-27 Application
3-28 Practice management course
3-28.1 Indigenous intercultural course
3-28.11 Late completion of Indigenous intercultural course
3-28.2 Failure to complete Indigenous intercultural course
3-29 Professional development
3-30 Mentoring
3-31 Late completion of professional development
3-32 Failure to complete professional development

Division 4 – Specialization and Restricted Practice

3-33  Definitions
3-34 Advertising
3-35 Family law mediators
3-36 Family law arbitrators
3-37 Parenting coordinators
3-38 Professional development for family law neutrals

Division 5 – Indemnification

3-39  Compulsory professional liability indemnification
3-39.1 Compulsory trust protection indemnification
3-40 Annual indemnity fee
3-42 Indemnity fee credit
3-43 Exemption from professional liability indemnification
3-44 Deductible, surcharge and reimbursement
3-45 Application for indemnity coverage
3-46 Confidentiality of indemnity claims

Division 6 – Financial Responsibility

3-47  Definitions
3-48 Application
3-49 Standards of financial responsibility
3-50 Failure to satisfy judgment
3-51 Insolvent lawyer
3-52 Consideration by Discipline Committee

Division 7 – Trust Accounts and Other Client Property

3-53  Definitions
3-54 Personal responsibility
3-55 Fiduciary property
3-56 Designated savings institutions
3-57 Removal of designation
3-58 Deposit of trust funds
3-58.1 Trust account only for legal services
3-59 Cash transactions
3-60 Pooled trust account
3-61 Separate trust account
3-62 Cheque endorsed over
3-63 Trust account balance
3-64 Withdrawal from trust
3-64.1 Electronic transfers from trust
3.64.2 Electronic deposits into trust
3.64.3 Withdrawal from trust by bank draft
3-65 Payment of fees from trust
3-66 Withdrawal from separate trust account
3-67 Accounting records
3-68 Trust account records
3-69 General account records
3-70 Records of cash transactions
3-71 Billing records
3-72 Recording transactions
3-73 Monthly trust reconciliation
3-74 Trust shortage
3-75 Retention of records
3-76 Executive Director’s modification
3-77 Canada Deposit Insurance Corporation
3-78 Lawyer’s right to claim funds
3-79 Trust report
3-80 Late filing of trust report
3-81 Failure to file trust report
3-82 Accountant’s report
3-83 Exceptions and qualifications
3-84 Former lawyers
3-85 Compliance audit of books, records and accounts
3-86 Failure to produce records on compliance audit
3-87 Disposition of files, trust money and other documents and valuables

Division 8 – Unclaimed Trust Money

3-88  Definition
3-89 Payment of unclaimed trust funds to the Society
3-90 Investigation of claims
3-91 Adjudication of claims
3-92 Calculation of interest
3-93 Efforts to locate the owner of funds
3-94 Payment to the Law Foundation

Division 9 – Real Estate Practice

3-95  Definitions
3-96 Report of failure to cancel mortgage
3-96.1 Electronic submission of documents

Division 10 – Criminal Charges

3-97  Reporting criminal charges

Division 11 – Client Identification and Verification

3-98  Definitions
3-99 Application
3-100 Requirement to identify client
3-101 Exemptions
3-102 Requirement to verify client identity
3-103 Requirement to identify directors, shareholders and owners
3-104 Use of an agent for client verification
3-105 Timing of verification for individuals
3-106 Timing of verification for organizations
3-107 Record keeping and retention
3-108 Existing matters
3-109 Criminal activity, duty to withdraw
3-110 Monitoring

Part 4 – Discipline

4-1  Interpretation and application

Division 1 – Discipline Committee

4-2  Discipline Committee
4-3 Consideration of complaints by Committee
4-4 Action on complaints
4-5 Consideration of complaints by chair
4-6 Continuation of membership during investigation or disciplinary proceedings
4-7 Notification
4-8 Confidentiality of Discipline Committee deliberations
4-9 Conduct letter from the chair
4-10 Conduct meeting
4-11 Conduct Review Subcommittee
4-12 Conduct review
4-13 Conduct Review Subcommittee report
4-14 Privilege and confidentiality
4-15 Publication and disclosure
4-16 Evidence of conduct review at the hearing of a citation
4-17 Direction to issue, expand or rescind citation
4-18 Contents of citation
4-19 Notice of citation
4-20 Publication of citation
4-20.1 Anonymous publication of citation
4-27 Appointment of Law Society counsel
4-29 Conditional admission
4-45 Discipline proceedings involving members of other governing bodies
4-46 Discipline involving lawyers practising in other jurisdictions

Division 2 – Disclosure and publication

4-47  Public notice of suspension or disbarment
4-48 Publication of discipline decisions
4-49 Anonymous publication
4-50 Disclosure of practice restrictions
4-51 Disbarment

Division 3 – Criminal conviction

4-52  Conviction
4-53 Notice
4-54 Summary procedure

Division 4 – Investigation

4-55  Investigation of books and accounts

Division 5 – Enforcement

4-56  Failure to pay fine, costs or administrative penalty or fulfill practice condition
4-57 Recovery of money owed to the Society

Division 6 – Administrative penalty

4-58  Application
4-59 Administrative penalty
4-60 Review and order

Part 5 – Tribunal, Hearings and Appeals

5-1  Application

The Tribunal
5-1.1 Tribunal
5-1.2 Service, filing and communication
5-1.3 Tribunal Chair
5-1.4 Practice directions

Hearing panels
5-2 Appointment of hearing panel
5-3 Panel member unable to continue
5-4 Disqualification

Practice and procedure before a hearing panel
5-4.1 Hearing date and notice
5-4.2 Amending an allegation in a citation
5-4.3 Preliminary questions
5-4.4 Severance and joinder
5-4.5 Summary hearing
5-4.6 Demand for disclosure of evidence
5-4.7 Application for details of the circumstances
5-4.8 Notice to admit
5-5 Compelling witnesses and production of documents
5-5.1 Pre-hearing conference
5-5.2 Adjournment
5-5.3 Application moot
5-6 Procedure
5-6.1 Preliminary matters
5-6.2 Burden of proof
5-6.3 Submissions and determination
5-6.4 Disciplinary action
5-6.5 Admission and consent to disciplinary action
5-6.6 Rejection of admission
5-8 Public hearing
5-9 Transcript and exhibits
5-10 Decision
5-11 Costs of hearings
5-12 Application to vary order

The review board
5-15 Review by review board
5-16 Review boards
5-17 Disqualification
5-18 Review board member unable to continue

Practice and procedure before a review board
5-19 Initiating a review
5-19.1 Extension of time to initiate a review
5-20 Stay of order pending review
5-21 Notice of review
5-22 Record of credentials hearing
5-23 Record of discipline hearing
5-24 Record of an order for costs by the Practice Standards Committee
5-24.1 Preparation and delivery of record
5-24.2 Notice of review hearing
5-25 Pre-review conference
5-26 Adjournment
5-27 Decision on review
5-28 Inactive reviews

Corrections
5-28.1 Slip rule

Appeals
5.29 Appeal to Court of Appeal

Part 6 – Custodianships

6-1  Co-operation in conduct of custodianship
6-2 Report of possible claim
6-3 Acting for lawyer’s clients
6-4 Acquiring lawyer’s practice
6-5 Notice of custodianship order

Part 7 – Law Foundation

[no rules]

Part 8 – Lawyers’ Fees

8-1  Reasonable remuneration
8-2 Maximum remuneration in personal injury actions
8-3 Form and content of contingent fee agreements
8-4 Statement of rules in contingent fee agreements

Part 9 – Incorporation and Limited Liability Partnerships

Division 1 – Law Corporations

9-1  Corporate name
9-2 Corporate name certificate
9-3 Review of Executive Director’s decision
9-4 Law corporation permit
9-5 Issuance of permit
9-6 Change of corporate name
9-7 Public disclosure of corporate status
9-8 Corporate information
9-9 Disclosure of corporate information
9-10 Notice of change in corporate information
9-11 Revocation of permits

Division 2 – Limited Liability Partnerships

9-12  Definition
9-13 Practice through a limited liability partnership
9-14 LLP name
9-15 Notice of application for registration
9-16 Review of Executive Director’s decision
9-17 Disclosure of LLP status
9-18 Change in LLP information and annual reports
9-19 Disclosure of LLP information
9-20 Notification of non-compliance

Part 10 – General

10-1  Service and notice
10-2 Duty not to disclose
10-2.1 Communication with Equity Advisor confidential
10-3 Records
10-4 Security of records

Schedules

Schedule 1 – Law Society Fees and Assessments

Schedule 2 – Prorated Fees and Assessments for Practising Lawyers

Schedule 3 – Prorated Fees for Non-Practising and Retired Members

Schedule 4 – Tariff for Hearing and Review Costs

Schedule 5 – Form of Summons

About the Rules

The Law Society Rules 2015 replaced the previous Law Society Rules on July 1, 2015.

Download the concordance between the new and old rules or the Law Society Rules as of June 2015.

Member's Manual

Need to print some or all pages of the Act, Rules or Code? Go to Member's Manual.