Legal Professions Act

Legal Professions Act 26 2024 May 16, 2024 76470131/510483079/1496864267 E4tlc24026 1 to 17 Not in force 1-214 [Not in force.] 18 Transitional Provisions, Repeals, Consequential Amendments, Related Amendments and Amendments to This Act 1 Definitions for Transitional Provisions Definitions 215 In Divisions 2 to 6 of this Part: amalgamation date means the date section 5 (1) [regulator amalgamated and continued] comes into force; asset includes a right, interest and property; board of examiners means the board of examiners appointed under section 10 of the Notaries Act ; former Acts means the Legal Profession Act and the Notaries Act ; former societies means the Law Society and the Society of Notaries Public; liability includes an obligation; privilege includes solicitor-client privilege. 2 Not in force 216-222 [Not in force.] 3 Transitional Provisions Related to Governance Transition — transitional board 223 1 A transitional board is established, consisting of the following members: a 4 members, at least one of whom must be an Indigenous person, appointed by the benchers of the Law Society; b one member appointed by the directors of the Society of Notaries Public; c one member appointed by the BC Paralegal Association; d one member appointed by the Lieutenant Governor in Council. 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. 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. 4 The transitional board must establish a conflicts of interest policy for its members. 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. 6 Before appointing a person under subsection (5), the transitional board must consult the transitional Indigenous council. 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. 8 The transitional board is dissolved on the amalgamation date. Transition — transitional Indigenous council 224 1 A transitional Indigenous council is established, consisting of the following members, all of whom must be Indigenous persons: a 3 members appointed by the BC First Nations Justice Council; b 1 member appointed by Métis Nation British Columbia; c 1 or 2 members of the transitional board appointed by the transitional board. 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. 3 A person who, for disciplinary reasons, is suspended or prohibited from practising law must not be a member of the transitional Indigenous council. 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. 5 The transitional Indigenous council is dissolved on the amalgamation date. Transition — advisory committee 225 1 An advisory committee is established for the purpose of advising the transitional board and the transitional Indigenous council on the following: a the transition from the operation of the former Acts to the operation of this Act; b the first rules of the board. 2 The advisory committee consists of the following members: a the executive director of the Law Society or a designate of the executive director; b the executive director of the Society of Notaries Public or a designate of the executive director; c the executive director of the Law Foundation or a designate of the executive director; 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. 3 The advisory committee is dissolved on the amalgamation date. Transition — first rules 226 1 The transitional board and the transitional Indigenous council must collaborate to develop the first rules of the board. 2 The first rules of the board a must be developed before the amalgamation date, and b may not be made unless they are first approved, before the amalgamation date, by the transitional Indigenous council. 3 The first rules of the board come into force on the amalgamation date. Transition — transitional tribunal chair and first tribunal rules 227 1 The transitional board must, after a merit-based process, appoint a transitional tribunal chair. 2 The transitional tribunal chair must develop the first tribunal rules. 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. Transition — expenses and remuneration 228 1 The Law Society and the Society of Notaries Public must 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, 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 c remunerate the person appointed under section 223 (5) [transition — transitional board] . 2 The transitional board must establish rates for remuneration and reimbursement under subsection (1) (b) and (c). Transition — protection against actions 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. 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. Not in force 230-234 [Not in force.] 4 to 6 Not in force 235-250 [Not in force.] 7 Repeals Repeals 251-253 [Note: See Table of Legislative Changes for the status of sections 251 to 316.] Section(s) Affected Act 251 Attorney General Statutes Amendment Act, 2018 252 Legal Profession Act 253 Notaries Act 8 Consequential Amendments Consequential Amendments 254-310 254 Arbitration Act 255 Business Corporations Act 256 Business Practices and Consumer Protection Act 257 Class Proceedings Act 258 Court Agent Act 259 Evidence Act 260 Financial Institutions Act 261 – 262 Freedom of Information and Protection of Privacy Act 263 Health Care (Consent) and Care Facility (Admission) Act 264 – 266 Health Professions and Occupations Act 267 Insurance Premium Tax Act 268 International Commercial Arbitration Act 269 Interpretation Act 270 Judicial Compensation Act 271 – 278 King's Counsel Act 279 Land Owner Transparency Act 280 Land Surveyors Act 281 Land Title Act 282 – 284 Land Title and Survey Authority Act 285 – 289 Legal Services Society Act 290 Mental Health Act 291 Ministry of International Business and Immigration Act 292 Mortgage Brokers Act 293 Offence Act 294 – 296 Power of Attorney Act 297 – 298 Provincial Court Act 299 Provincial Sales Tax Act 300 Public Service Labour Relations Act 301 Real Estate Services Act 302 Representation Agreement Act 303 Supreme Court Act 304 Unclaimed Property Act 305 Vancouver Foundation Act 306 – 308 Wills, Estates and Succession Act 309 – 310 Workers Compensation Act 9 Related Amendments Related Amendments 311-314 311 – 313 Legal Profession Act 314 Notaries Act 10 Amendments to This Act Amendments to This Act 315-316 315 – 316 Legal Professions Act Commencement 317 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: Item Column 1 Provisions of Act Column 2 Commencement 1 Anything not elsewhere covered by this table The date of Royal Assent 2 Sections 1 to 214 By regulation of the Lieutenant Governor in Council 3 Sections 216 to 222 By regulation of the Lieutenant Governor in Council 4 Sections 230 to 310 By regulation of the Lieutenant Governor in Council 5 Sections 315 and 316 By regulation of the Lieutenant Governor in Council