| PART I – Interpretation |
| 1.01 |
|
Citation |
| 1.02 |
|
Definitions |
| 1.03 |
|
Rules of interpretation |
| 1.04 |
|
Reference to parts |
| 1.05 |
|
Compliance with forms |
| PART II – Organization of the Society |
| 2.01 |
|
Definitions |
| 2.02 |
|
Seat |
| 2.03 |
|
Seal |
| 2.04 |
|
Terms |
| 2.05 |
|
Roll of the Society and other archives |
| 2.06 |
|
Convocation and other meetings |
| 2.07 |
|
(Repealed: Rule 2.07 Spring Term Convocation April 11, 2022) |
| 2.08 |
|
Reading of minutes |
| 2.09 |
|
Vote by ballot |
| 2.10 |
|
Presiding officers in convocation |
| 2.11 |
|
Vacancy in office of President |
| 2.12 |
|
Vacancy in office of Vice-President |
| 2.13 |
|
Financial accounts |
| 2.14 |
|
Banking |
| 2.15 |
|
Vice-President’s responsibilities |
| 2.16 |
|
Committees |
| 2.17 |
|
Executive committee |
| 2.18 |
|
Life membership |
| 2.19 |
|
Non-practising membership |
| 2.20 |
|
Changes in association of practice |
| 2.21 |
|
Commencement or resumption of practice |
| 2.22 |
|
Insurance exemption |
| 2.23 |
|
Resignations |
| 2.24 |
|
Failure to comply |
| PART III – The Library |
| 3.01 |
|
Librarian and library committee |
| PART IV – Election Rules |
| 4.01 |
|
Nomination for election as Bencher |
| 4.02 |
|
When ballots required |
| 4.03 |
|
Electronic process |
| 4.04 |
|
Voting |
| 4.05 |
|
Counting of ballots |
| 4.06 |
|
Rejection of ballots |
| 4.07 |
|
Results of elections |
| PART V – Uniform Trust Account Rules |
| 5.01 |
|
Definitions |
| 5.01.1 |
|
General account |
| 5.02 |
|
Maintenance of records |
| 5.03 |
|
Deposits and withdrawals from the trust account |
| 5.04 |
|
Deposits in trust accounts |
| 5.05 |
|
Withdrawals and transfers from trust accounts |
| 5.06 |
|
Reporting overdrafts |
| 5.07 |
|
Reporting |
| 5.08 |
|
Suspension for failure to file |
| 5.09 |
|
Exemptions |
| 5.10 |
|
Investigations and audits |
| 5.11 |
|
Preservation of rights |
| 5.12 |
|
Borrowing and lending |
| 5.13 |
|
Bankruptcy and insolvency |
| 5.14 |
|
Acting in a representative capacity |
| 5.15 |
|
Failure to comply |
| PART VI – Education and Bar Admission Rules |
| 6.01 |
|
Definitions |
| 6.02 |
|
Composition and structure of the Education Committee |
| 6.03 |
|
Duties and powers of the Education Committee |
| 6.04 |
|
Composition and structure of the Bar Admission Committee |
| 6.05 |
|
Duties of the Bar Admission Committee |
| 6.06 |
|
Enrollment as a student |
| 6.07 |
|
Principals |
| 6.08 |
|
Terms and service of articles |
| 6.09 |
|
Responsibilities of principals and students |
| 6.10 |
|
Appearances by students |
| 6.11 |
|
Bar Admission Course and Bar Admission Examinations |
| 6.12 |
|
Supplementary Bar Admission Course examinations |
| 6.13 |
|
Cheating |
| 6.14 |
|
Student enrollment as a member |
| 6.15 |
|
Reinstatement of practicing status for non-practicing, suspended and former members |
| 6.16 |
|
Compulsory continuing professional development |
| 6.17 |
|
Mandatory continuing professional development |
| 6.18 |
|
Admissions and education hearings |
| 6.19 |
|
Appeal procedure |
| PART VII – Inter-Jurisdictional Practice of Law and Mobility Transfer Protocol |
| 7.01 |
|
Definitions |
| 7.02 |
|
Proof of Compliance |
| 7.03 |
|
Temporary Mobility Without a Permit |
| 7.04 |
|
Trust Funds |
| 7.05 |
|
Providing Legal Services for the Office of the Judge Advocate General |
| 7.06 |
|
Providing Legal Services for the Government of Canada |
| 7.07 |
|
Appearing Before Federal Courts and Administrative Tribunals |
| 7.08 |
|
Application for Inter-Jurisdictional Practice Permit |
| 7.09 |
|
Economic Nexus |
| 7.10 |
|
Transfer Under the National Mobility Agreement or Territorial Mobility Agreement |
| 7.11 |
|
National Registry of Practising Lawyers |
| 7.12 |
|
Disciplinary Proceedings |
| 7.13 |
|
Member Compliance |
| 7.14 |
|
Responsibility for the Conduct of Disciplinary Proceedings |
| 7.15 |
|
Canadian Legal Advisor |
| 7.16 |
|
Foreign Legal Consultants |
| 7.17 |
|
Appeal of Decision Made Under Rule 7 |
| PART VIII – Professional Practice Rules |
| 8.01 |
|
Definitions |
| 8.02 |
|
Traditions and ethics |
| 8.03 |
|
Declaration of principle |
| 8.04 |
|
Provision of information |
| 8.05 |
|
Restrictions on provision of information |
| 8.06 |
|
Misleading firm names |
| 8.07 |
|
Firm names and letterhead |
| 8.08 |
|
Identification of deceased or former members or students |
| 8.09 |
|
Prohibited activities |
| 8.10 |
|
Preferred areas of practice |
| 8.11 |
|
Fee advertising |
| 8.12 |
|
Sharing of fees |
| 8.13 |
|
Records |
| 8.14 |
|
Verification of statements |
| 8.15 |
|
Interjurisdictional firms |
| 8.16 |
|
Breach of rule |
| PART IX – Discipline Rules |
| 9.01 |
|
Definitions |
| 9.01.1 |
|
Designated person |
| 9.02 |
|
Consideration by the vice-president |
| 9.02.1 |
|
Fitness to Practice Committee |
| 9.03 |
|
Alternate dispute resolution |
| 9.04 |
|
Vice-president investigation |
| 9.05 |
|
Vice-president report |
| 9.06 |
|
Complaints Authorization Committee |
| 9.07 |
|
Respondent |
| 9.07A |
|
Application to vary interim suspension and practice restrictions |
| 9.08 |
|
Contents of the complaint |
| 9.09 |
|
Joinder and severance |
| 9.10 |
|
Notice of the complaint |
| 9.11 |
|
Notice of referral to a hearing |
| 9.12 |
|
Notice of application to vary the content of the notice of referral to a hearing |
| 9.13 |
|
Amending notice periods |
| 9.14 |
|
Appointment of the adjudication tribunal and withdrawls |
| 9.15 |
|
Pre-hearing conference |
| 9.16 |
|
Commencement of the hearing |
| 9.17 |
|
Notice of the hearing date |
| 9.18 |
|
Adjournments |
| 9.19 |
|
Mode of proceedings |
| 9.20 |
|
Recordings and transcripts |
| 9.21 |
|
Application for particulars |
| 9.22 |
|
Amending the complaint |
| 9.23 |
|
Compelling evidence |
| 9.24 |
|
Disclosure of evidence |
| 9.25 |
|
Applications for other relief |
| 9.26 |
|
Memorandum of fact and law |
| 9.27 |
|
Witnesses |
| 9.28 |
|
Failure to appear |
| 9.29 |
|
Hearings on the complaint and sanction |
| 9.30 |
|
Conduct of the hearing |
| 9.31 |
|
Majority decision of the adjudication tribunal |
| 9.32 |
|
Decision on the complaint |
| 9.33 |
|
Hearing on sanction |
| 9.34 |
|
Decision on sanction |
| 9.35 |
|
Provision of a decision or order of the adjudication tribunal |
| 9.36 |
|
Effect of the decision |
| 9.37 |
|
Suspensions |
| 9.38 |
|
Applications under s. 53 and s. 54 of the Act |
| 9.39 |
|
Procedure |
| 9.40 |
|
Notice requirements |
| 9.41 |
|
Publication |
| 9.42 |
|
Bankruptcy and insolvency |
| 9.43 |
|
Judgment and orders |
| 9.44 |
|
Duty to report guilty plea or finding of guilt |
| 9.45 |
|
Professional misconduct |
| PART X – Fees and Related Matters |
| 10.01 |
|
Suggested scale of fees |
| 10.02 |
|
Payment of fees and deductibles |
| 10.03 |
|
Determination of fees and interest |
| 10.04 |
|
Transaction levy |
| 10.05 |
|
Waiver or proration of fees and extension |
| 10.06 |
|
Compulsory liability insurance |
| PART XI – Professional Law Corporations |
| 11.01 |
|
Register of professional law corporations |
| 11.02 |
|
Approval of incorporation |
| 11.03 |
|
Application for licence |
| 11.04 |
|
Form of licence |
| 11.05 |
|
Annual filing |
| 11.06 |
|
Application of professional practice rules |
| 11.07 |
|
Application for cancellation of licence |
| PART XII – Supervision of Legal Assistants |
| 12.01 |
|
Definition |
| 12.02 |
|
Matters requiring professional skill and judgement |
| 12.03 |
|
Legal assistants |
| PART XIII – Assurance Fund Rules |
| 13.01 |
|
Definitions |
| 13.02 |
|
Funds continued |
| 13.03 |
|
Amount of the fund |
| 13.04 |
|
Application for grant |
| 13.04.1 |
|
Limitation Period |
| 13.05 |
|
Inquiry by the Insurance Committee |
| 13.06 |
|
Payment from fund |
| 13.07 |
|
Maximum grant |
| 13.08 |
|
Recovery of payment made |
| 13.09 |
|
Inter provincial practice of law |
| PART XIV – Practice Investigation |
| 14.01 |
|
Definitions |
| 14.02 |
|
Practice review |
| 14.03 |
|
Notice |
| 14.04 |
|
Place of review |
| 14.05 |
|
Co-operation with investigator |
| 14.06 |
|
Report of investigator |
| 14.07 |
|
Failure to comply |
| 14.08 |
|
Review incomplete |
| 14.09 |
|
Use of investigator’s report |
| 14.10 |
|
Recovery of expenses of practice review |
| 14.11 |
|
Discipline rules apply |
| PART XIVA – Practice Management Reviews |
| 14.01A |
|
Practice management reviews |
| 14.02A |
|
Notice |
| 14.03A |
|
Process |
| 14.04A |
|
Co-operation with reviewer |
| 14.05A |
|
Discontinuing a review |
| 14.06A |
|
Report |
| 14.07A |
|
Undertakings |
| 14.08A |
|
Failure to comply |
| 14.09A |
|
New sole practitioners and new members of small firms |
| 14.10A |
|
Confidentiality |
| 14.11A |
|
Solicitor-client privilege |
| 14.12A |
|
Application |
| 14.13A |
|
Coming into force |
| PART XV – Cash Transactions and Record Keeping Requirements |
|
|
Commentary and advisory |
| 15.01 |
|
Special definitions |
| 15.02 |
|
Cash transactions |
| 15.03 |
|
Record keeping requirements |
| 15.04 |
|
Administrative Penalty |
| PART XVI – Client Identification and Verification Requirements |
| 16.01 |
|
Definitions |
| 16.02 – 16.03 |
|
Requirement to identify client |
| 16.04 |
|
When verification of client identity required |
| 16.05 – 16.06 |
|
Exemptions re: certain funds |
| 16.06 |
|
Requirement to verify client identity |
| 16.07 |
|
Record keeping and retention |
| 16.08 |
|
Application |
| 16.09 |
|
Criminal activity, duty to withdraw at time of taking information |
| 16.10 |
|
Monitoring |
| 16.11 |
|
Duty to withdraw |
| 16.12 |
|
Administrative Penalty |
| PART XVII – Miscellaneous |
| 17.01 |
|
Amendment |
| 17.02 |
|
Repeal and transition |
| PART XVIII – Witnessing, Commissioning and Notarizing Documents via Audio-Visual Technology |
| 18.01 |
|
Definitions |
| 18.02 – 18.04 |
|
Requirements |
| 18.05 – 18.06 |
|
Mitigating the Risks |
| 18.07 – 18.08 |
|
Recording Requirements |
| 18.09 |
|
Additional Requirements for Witnessing a Will |
| 18.10 |
|
Registration of Deeds Act, 2009 |
| 18.11 |
|
Date of Document |
| 18.12 |
|
Coming into Effect |
