Hyperlawhypertext legal database Legal Professions Act current to 2024-05-16

24026 Legal Professions Act B.C.

Current to 2024-05-16

Contents
1 to 17
s. 1-214 — Not in force

[Not in force.]

18

Transitional Provisions, Repeals, Consequential Amendments, Related Amendments and Amendments to This Act

1

Definitions for Transitional Provisions

s. 215 — Definitions

In Divisions 2 to 6 of this Part:

s. 215 — amalgamation date

amalgamation date means the date section 5 (1) [regulator amalgamated and continued] comes into force;

s. 215 — asset

asset includes a right, interest and property;

s. 215 — board of examiners

board of examiners means the board of examiners appointed under section 10 of the Notaries Act;

s. 215 — former Acts

former Acts means the Legal Profession Act and the Notaries Act;

s. 215 — former societies

former societies means the Law Society and the Society of Notaries Public;

s. 215 — liability

liability includes an obligation;

s. 215 — privilege

privilege includes solicitor-client privilege.

2
s. 216-222 — Not in force

[Not in force.]

3

Transitional Provisions Related to Governance

s. 223 — Transition — transitional board
s. 223(1)

A transitional board is established, consisting of the following members:

s. 223(1)(a)

4 members, at least one of whom must be an Indigenous person, appointed by the benchers of the Law Society;

s. 223(1)(b)

one member appointed by the directors of the Society of Notaries Public;

s. 223(1)(c)

one member appointed by the BC Paralegal Association;

s. 223(1)(d)

one member appointed by the Lieutenant Governor in Council.

s. 223(2)

If the members to be appointed under subsection (1) (a), (b) or (c) are not appointed within 2 months after the date this section comes into force, the Attorney General may appoint members after a merit-based process.

s. 223(3)

The transitional board has the powers necessary to prepare for and facilitate the transition from the operation of the former Acts to the operation of this Act.

s. 223(4)

The transitional board must establish a conflicts of interest policy for its members.

s. 223(5)

The transitional board must appoint a person responsible for managing the transition from the operation of the former Acts to the operation of this Act.

s. 223(6)

Before appointing a person under subsection (5), the transitional board must consult the transitional Indigenous council.

s. 223(7)

The Law Society and the Society of Notaries Public must cooperate with the transitional board in the exercise of its powers and the performance of its duties under this section.

s. 223(8)

The transitional board is dissolved on the amalgamation date.

s. 224 — Transition — transitional Indigenous council
s. 224(1)

A transitional Indigenous council is established, consisting of the following members, all of whom must be Indigenous persons:

s. 224(1)(a)

3 members appointed by the BC First Nations Justice Council;

s. 224(1)(b)

1 member appointed by Métis Nation British Columbia;

s. 224(1)(c)

1 or 2 members of the transitional board appointed by the transitional board.

s. 224(2)

If the members to be appointed under subsection (1) (a) and (b) are not appointed within 2 months after the date this section comes into force, the Attorney General may appoint members after a merit-based process.

s. 224(3)

A person who, for disciplinary reasons, is suspended or prohibited from practising law must not be a member of the transitional Indigenous council.

s. 224(4)

The role of the transitional Indigenous council is the role described in section 30 [role of Indigenous council], as that role relates to the transition from the operation of the former Acts to the operation of this Act.

s. 224(5)

The transitional Indigenous council is dissolved on the amalgamation date.

s. 225 — Transition — advisory committee
s. 225(1)

An advisory committee is established for the purpose of advising the transitional board and the transitional Indigenous council on the following:

s. 225(1)(a)

the transition from the operation of the former Acts to the operation of this Act;

s. 225(1)(b)

the first rules of the board.

s. 225(2)

The advisory committee consists of the following members:

s. 225(2)(a)

the executive director of the Law Society or a designate of the executive director;

s. 225(2)(b)

the executive director of the Society of Notaries Public or a designate of the executive director;

s. 225(2)(c)

the executive director of the Law Foundation or a designate of the executive director;

s. 225(2)(d)

one member who is an employee of the government appointed by the Attorney General to act as a liaison between the government and the advisory committee.

s. 225(3)

The advisory committee is dissolved on the amalgamation date.

s. 226 — Transition — first rules
s. 226(1)

The transitional board and the transitional Indigenous council must collaborate to develop the first rules of the board.

s. 226(2)

The first rules of the board

s. 226(2)(a)

must be developed before the amalgamation date, and

s. 226(2)(b)

may not be made unless they are first approved, before the amalgamation date, by the transitional Indigenous council.

s. 226(3)

The first rules of the board come into force on the amalgamation date.

s. 227 — Transition — transitional tribunal chair and first tribunal rules
s. 227(1)

The transitional board must, after a merit-based process, appoint a transitional tribunal chair.

s. 227(2)

The transitional tribunal chair must develop the first tribunal rules.

s. 227(3)

Any rule made under subsection (2) that, under section 131 (6) [tribunal rules], requires collaboration with and the approval of the Indigenous council must be developed in collaboration with and approved by the transitional Indigenous council before the amalgamation date.

s. 228 — Transition — expenses and remuneration
s. 228(1)

The Law Society and the Society of Notaries Public must

s. 228(1)(a)

pay the operational costs incurred by the transitional board, the transitional Indigenous council and the advisory committee in the exercise of their powers and the performance of their duties,

s. 228(1)(b)

remunerate the members of the transitional board and transitional Indigenous council and reimburse them for reasonable travel expenses and out-of-pocket expenses, and

s. 228(1)(c)

remunerate the person appointed under section 223 (5) [transition — transitional board].

s. 228(2)

The transitional board must establish rates for remuneration and reimbursement under subsection (1) (b) and (c).

s. 229 — Transition — protection against actions
s. 229(1)

No legal proceeding for damages lies or may be commenced or maintained against a member of the transitional board, transitional Indigenous council or advisory committee for anything done, or omitted to be done, in good faith while acting or purporting to act under this Act.

s. 229(2)

The former societies must indemnify a person referred to in subsection (1) for any costs or expenses incurred by the person in any legal proceeding taken for anything done or omitted to be done in good faith while acting or purporting to act under this Act.

s. 230-234 — Not in force

[Not in force.]

4 to 6
s. 235-250 — Not in force

[Not in force.]

7

Repeals

251-253

8

Consequential Amendments

254-310

9

Related Amendments

311-314

10

Amendments to This Act

315-316

s. 317 — Commencement

The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: