15.01 In this rule, unless the context otherwise requires:
“Cash” means coins referred to in section 7 of the Currency Act, notes issued by the Bank of Canada pursuant to the Bank of Canada Act that are intended for circulation in Canada and coins or bank notes of countries other than Canada.
“Disbursements” means amounts paid or required to be paid to a third party by the member or the member’s firm on a client’s behalf in connection with the provision of legal services to the client by the member or the member’s firm which will be reimbursed by the client.
“Expenses” means costs incurred by a member or law firm in connection with the provision of legal services to a client which will be reimbursed by the client including such items as photocopying, travel, courier/postage, and paralegal costs.
“Financial institution” means
“Financial services cooperative” means a financial services cooperative that is regulated by an Act respecting financial services cooperatives, CQLR, c. C-67.3, or an Act respecting the Mouvement Desjardins, S.Q. 2000, c. 77, other than a caisse populaire.
“Funds” means cash, currency, securities and negotiable instruments or other financial instruments that indicate the person’s title or interest in them;
“Legal services” means the practice of law as defined in s. 2(2) of the Law Society Act, 1999.
“Money” includes cash, cheques, drafts, credit card sales slips, post office orders and express and bank money orders.
“Professional fees” means amounts billed or to be billed to a client for legal services provided or to be provided to the client by the member or the member’s firm.
“Public body” means,
15.02 (1) A member shall not receive or accept cash in an aggregate amount greater than $7,500 Canadian dollars in respect of any one client matter.
(2) For the purposes of this rule, when a member receives or accepts from a person cash in a foreign currency the member shall be deemed to have received or accepted the cash converted into Canadian dollars at,
(3) Rule 15.02(1) applies when a member engages on behalf of a client or gives instructions on behalf of a client in respect of the following activities:
(4) Notwithstanding rule 15.02(3), rule 15.02(1) does not apply when the member receives cash in connection with the provision of legal services by the member or the member’s firm:
15.03 (1) Every member, in addition to existing financial records requirements to record all money and other property received and disbursed in connection with the member’s practice, shall maintain
(2) Every member who receives cash for a client shall maintain, in addition to existing financial records requirements, a book of duplicate receipts, with each receipt identifying the date on which cash is received, the person from whom cash is received, the amount of cash received, the client for whom cash is received, any file number in respect of which cash is received and containing the signature authorized by the member who receives cash and of the person from whom cash is received.
(3) The financial records described in rule 15.03(1) and (2) may be entered and posted by hand or by mechanical or electronic means, but if the records are entered and posted by hand, they shall be entered and posted in ink.
(4) The financial records described in rule 15.03(1) and (2) shall be entered and posted so as to be current at all times.
(5) A member shall keep the financial records described in rule 15.03(1) and (2) for at least the six-year period immediately preceding the member’s most recent fiscal year end.
(6) Every member shall report in the Member’s Annual Report, form 5.07A, on whether the member received cash in an aggregate amount greater than $7,500 in respect of any one client matter during the course of the reporting period, and indicate the exception under rule 15.02(4) permitting the member to accept such cash.
(7) Any deliberate or careless breach of this rule will be treated as conduct deserving of sanction.
(Adopted: Part XV, Fall Term Convocation, September 26, 2005)
(Amended – Part XV – Cash Transactions and Record Keeping Requirements, 2 January 2020)