Justice Statutes Amendment Act, 2025 (Unproclaimed Sections Only)

JUSTICE STATUTES AMENDMENT ACT, 2025 Chapter 22 HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Legal Profession Act Amends RSA 2000 cL‑8 6 (1) The Legal Profession Act is amended by this section. (2) The following is added after section 2: Purpose of Society 2.1 The purpose of the Society is to uphold and protect the public interest in the administration of justice by (a) ensuring the independence, integrity, competence and ethical conduct of lawyers, (b) establishing standards, programs and education and training with respect to the competence, ethical conduct and professional responsibility of lawyers and students-at-law, (c) regulating the practice of law, and (d) supporting and assisting lawyers and students‑at‑law in fulfilling their duties in the practice of law. (4) Section 7 is amended (a) in subsection (2) by adding the following after clause (k): (k.1) respecting education or training requirements for members, students‑at‑law or applicants for admission as students-at-law or for enrolment as members of the Society but, subject to the regulations, may only establish education or training requirements that (i) are imposed on a member or student-at-law as part of a disciplinary proceeding, or (ii) relate to (A) a degree in law or a certificate issued by the Federation of Law Societies of Canada demonstrating competence in Canadian law, (B) the bar admission course, including the period of articles to be served before an applicant’s enrolment as a member, (C) a member’s responsibility for and handling of trust monies, (D) a member acting as a principal to a student‑at‑law, or (E) any other matter specified in the regulations made under subsection (3). (b) by adding the following after subsection (2): (3) The Minister may make regulations respecting education and training requirements for members, students‑at‑law or applicants for admission as students-at-law or for enrolment as members of the Society. (5) Section 13(4)(a) is amended by striking out “the Benchers” and substituting “the Court of King’s Bench”. (6) Section 18 is amended (a) in subsection (1) (i) in clause (c) by striking out “82,”; (ii) by adding “or” at the end of clause (c); (iii) by striking out “, or” at the end of clause (d); (iv) by repealing clause (e); (b) in subsection (3)(b) by striking out “Benchers” and substituting “Court of King’s Bench”; (c) in subsection (4) by striking out “a panel of Benchers under Part 3, the Benchers may, on application,” and substituting “the Court of King’s Bench under Part 3, the Court of King’s Bench may”; (d) in subsection (5) by striking out “Court of Appeal under section 82” and substituting “Court of King’s Bench under section 77”; (e) by repealing subsection (6). (7) Section 48(3)(d) is amended by striking out “Court of Appeal” and substituting “Court of King’s Bench”. (8) The following is added before section 50: Attorney General of Alberta immunity 49.2 A person who is or has been the Attorney General of Alberta is not subject to any proceedings of the Society or to any sanction imposed under this Act for anything done by the person while exercising the powers and carrying out the duties and functions of the Attorney General of Alberta. (9) Section 53 is amended by adding the following after subsection (1): (1.1) The Executive Director may, at any time during the Executive Director’s review of a complaint under subsection (1), direct that the complaint be dismissed if the Executive Director has reasonable grounds to conclude that the complaint (a) is frivolous or vexatious, (b) was made in bad faith or for an improper purpose or motive, or (c) is entirely without merit. (1.2) In determining whether a complaint may be dismissed under subsection (1.1), the Executive Director may consider whether the complaint was made by a third party who has had no dealings with the member or who has no connection to the subject‑matter of the complaint. (1.3) A direction the Executive Director makes to dismiss a complaint under subsection (1.1) is final, and there is no appeal from that direction. (10) Section 54 is repealed and the following is substituted: Request for appeal to Appeal Committee 54 (1) If the Executive Director makes a direction under section 53(4)(a) dismissing a complaint, the complainant may request an appeal of the direction, in accordance with the process set out in the rules. (2) The Executive Director may, in accordance with criteria approved by the Benchers, allow or dismiss a request for an appeal made under subsection (1). (3) If the Executive Director allows a request for an appeal under subsection (2), the Appeal Committee must hear the appeal. (4) On hearing an appeal, the Appeal Committee shall either (a) direct that the complaint be dismissed, or (b) refer the matter to the Conduct Committee. (5) The Benchers must establish criteria for the purposes of subsection (2). (11) Section 73(5) is amended by striking out “chair of the panel of Benchers” and substituting “Court of King’s Bench”. (12) Section 74 is amended (a) in subsection (5) by striking out “Benchers” and substituting “Court of King’s Bench”; (b) by repealing subsection (6). (13) Section 75 is repealed and the following is substituted: Appeal to Court of King’s Bench 75 (1) If the Hearing Committee makes an order under section 72(1), the member in respect of whom the order is made may appeal to the Court of King’s Bench. (2) An appeal to the Court of King’s Bench under this section may relate to all or any of the following: (a) a finding of guilt by the Hearing Committee under section 71(1) on which the order under section 72(1) was based; (b) a determination by the Hearing Committee under section 71(4) that the member’s conduct arose from incompetence; (c) all or any part of an order the Hearing Committee made against the member under section 72. (3) On appeal to the Court of King’s Bench under this section, the standard of review the Court is to apply is correctness. (4) At any time after the Hearing Committee informs the member of its decision to make an order against the member under section 72(1) and on notice to the Executive Director, the member may apply to the Hearing Committee for a stay of the operation of the order, pending the conclusion of the appeal to the Court of King’s Bench. (5) The Hearing Committee may make an order applied for under subsection (4) with or without imposing conditions on the member, but the Committee shall refuse to make the order if (a) it is satisfied that the conduct of the member involves the conversion or misappropriation of property, or (b) having regard to the nature of the member’s conduct, it is proper to refuse to make the order. (14) Section 76 is repealed. (15) Section 77 is repealed and the following is substituted: Order by Court of King’s Bench 77 (1) Within a reasonable time after the conclusion of an appeal under section 75, a judge of the Court of King’s Bench may, in respect of any conduct that resulted in the order of the Hearing Committee under section 72(1), make one or more of the following orders: (a) an order (i) confirming the Hearing Committee’s finding of guilt in respect of the member’s conduct, or (ii) quashing the finding of guilt, with or without a further order under subsection (2); (b) an order confirming or quashing a determination by the Hearing Committee that the member’s conduct arose from incompetence; (c) if the judge confirms the Hearing Committee’s finding of guilt, an order confirming or varying the Committee’s order under section 72 or replacing it with any other order that the Committee could have made under that section; (d) if the judge replaces the Hearing Committee’s order under section 72(1)(a) or (b) with an order of reprimand under section 72(1)(c), (i) an order confirming the Committee’s determination, or making the judge’s own determination, that the member’s conduct arose from incompetence, and (ii) any order under section 73 against the member that the Hearing Committee could have made; (e) if the appeal does not result in the confirmation or making of an order of disbarment, an order (i) confirming the Committee’s order under section 72(4), or (ii) directing that the member is not ineligible for nomination or election as a Bencher because of the finding of guilt on which the order under section 72 is based. (2) If a judge of the Court of King’s Bench quashes a finding of guilt under subsection (1)(a)(ii), (a) the judge may also make an order directing that the member’s conduct that was the subject of the finding be dealt with at a new hearing by a different Hearing Committee, and (b) section 59 applies to the matter except that (i) the reference to the Conduct Committee in the portion of section 59(1) preceding clause (a) is to be read as a reference to the Court of King’s Bench, and (ii) a reference to the chair of the Conduct Committee is to be read as a reference to the Benchers. (16) Section 78 is amended (a) in subsection (1) by striking out “or an appeal under section 76”; (b) in subsection (3) by adding “the Court of King’s Bench and” after “before”. (17) Section 79(1)(a) is amended by striking out “Benchers” and substituting “Court of King’s Bench”. (18) Sections 80 to 82 are repealed. (19) Section 85(3) is amended by striking out “section 72, 77, 82, 83 or 84” and substituting “section 72, 77, 83 or 84”. (20) Section 86(1)(b) is amended (a) by adding “or” at the end of subclause (i) and repealing subclause (ii) and substituting the following: (ii) if the operation of an order of a Hearing Committee to disbar the person is stayed under section 75(4) and the order was confirmed by the Court of King’s Bench on appeal, the date of the Court’s confirmation order. (b) by repealing subclause (iii). (25) Subsections (2) and (4) to (20) come into force on Proclamation.