Bill 31 - An Act to Amend An Act Respecting the Law Society of New Brunswick

BILL 31

An Act to Amend An Act Respecting the Law Society of New Brunswick

WHEREAS the Law Society of New Brunswick prays that it be enacted as hereinafter set forth;

THEREFORE, His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 2 of An Act Respecting the Law Society of New Brunswick, chapter 89 of the Acts of New Brunswick, 1996, is amended

(a) by repealing the definition “applicant” and substituting the following:

“applicant” means a person applying for

(a) enrolment as a student-at-law,

(b) admission to membership in the Society,

(d) reinstatement in the Society,

(e) transfer from the non-practising roll to the practising roll,

(f) transfer from the retirement roll to the practising roll, or

(g) transfer from the pro bono roll to the practising roll;

(b) in the definition “member” in the portion preceding paragraph (a) by adding “or as a pro bono or retired member in accordance with the rules” after “subsection 30(4)”;

(d) by repealing the definition “practice of law” and substituting the following:

“practice of law” means applying legal principles and judgment with regard to the circumstances or objectives of another entity or person that requires the knowledge and skill of a person trained in the law, and includes

(a) giving advice or counsel to others with respect to their legal rights or responsibilities or to the legal rights or responsibilities of others,

(b) drafting or completing legal documents or agreements that affect the legal rights of an entity or person,

(c) representing another entity or person before an adjudicative body, including, but not limited to, preparing or filing documents or conducting discovery,

(d) negotiating legal rights or responsibilities on behalf of another entity or person;

(e) in the definition “Court” by striking out “Queen’s” and substituting “King’s”;

(f) by repealing the definition “Supreme Court”;

(g) by adding the following definitions in alphabetical order:

“adjudicating body” means a court, arbitrator, legislative body, administrative agency or other body acting in an adjudicative capacity;

“adjudicative capacity” means the capacity of a neutral person or body to render a binding judgment directly affecting a party’s interests in a matter, after the presentation of evidence or legal argument by a party or parties;

“administrative penalty” means a fine or a suspension, or both, imposed under this Act or the rules for failure by the member

(a) to pay fees, costs or other amounts payable to the Society,

(b) to complete or file with the Society any report or document that the member is required to file under the rules, or

“law firm” means a sole proprietorship, a partnership, a professional corporation or any other joint arrangement or entity carrying on or holding out to the public its willingness to carry on the practice of law;

2 Section 5 of the Act is repealed and the following is substituted:

5 It is the object and duty of the Society to uphold and protect the public interest in the administration of justice by

(a) preserving and protecting the rights and freedoms of all persons,

(b) ensuring the independence, integrity and honour of its members,

(c) establishing standards for the education, professional responsibility and competence of its members and applicants for membership, and

(d) regulating the legal profession.

3 Section 6 of the Act is repealed and the following is substituted:

6 The Society shall be governed by a Council consisting of the following:

(a) the President, the First Vice-President and the Second Vice-President;

(b) members elected under section 8;

(d) members appointed under section 12.1;

(e) the Dean of the University of New Brunswick Faculty of Law;

(f) the Dean of the Université de Moncton Faculty of Law; and

(g) persons appointed under subsections 7(3) and 10(1) and section 11.

4 Section 7 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2) and substituting the following:

7( 2) The total number of elected Members of Council, the number and boundaries of regions, the number of Members of Council to be elected from each region and the selection of other local law societies to be represented by a Member of Council may be changed or established by rule.

5 Section 8 of the Act is amended

(a) by repealing subsection (4) and substituting the following:

8( 4) Only a member in good standing may be elected as a Member of Council.

(b) by adding after subsection (4) the following:

8( 5) A Member of Council may only serve for two consecutive terms.

8( 6) Notwithstanding subsection (5), a member who is appointed to Council to serve out the remainder of the term of the outgoing member is eligible as a candidate for election for two consecutive terms immediately following the end of the remaining term.

6 Section 9 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “President, Vice-President or Treasurer” and substituting “Second Vice-President”;

(b) in paragraph (b) of the English version by striking out “President, Vice-President or Treasurer” and substituting “Second Vice-President”.

7 Subsection 12(3) of the Act is amended by striking out “Vice-President or Treasurer” and substituting “First Vice-President or Second Vice-President”.

8 The Act is amended by adding after section 12 the following:

Appointed Members of Council

12.1( 1) Council shall appoint not more than three members of the Society to sit on Council, such members to be chosen according to the criteria approved by Council with a goal of achieving representation according to regions; demographic profile; diversity; area of law practice; professional, leadership or management skills or other identified skills and attributes.

12.1( 2) The term of a member appointed under subsection (1) shall be the same as the term of a Member of Council elected under section 8.

12.1( 3) A member appointed under subsection (1) shall not hold the position of President, First Vice-President or Second Vice-President.

12.1( 4) Where a member appointed under subsection (1) ceases to hold office, Council may appoint a replacement under that subsection to hold office for the remainder of the term of the member being replaced.

9 Section 13 of the Act is amended

(a) in subsection (3) by striking out “declare that a” and substituting “declare that an elected or appointed”;

(b) by repealing subsection (4).

10 The heading “President, Vice-President and Treasurer” preceding section 14 of the Act is repealed and the following is substituted:

Officers

11 Section 14 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

14( 1) The President, First Vice-President and Second Vice-President are the officers of the Society.

(b) by adding after subsection (1) the following:

14( 1.1) The President, First Vice-President and Second Vice-President hold office for one year commencing on the day following the day of the annual general meeting.

14( 1.2) Each year, members in good standing elect, in accordance with the rules, a Second Vice-President.

14( 1.3) Upon the expiry of the one-year term of office referred to in subsection (1.1) and commencing on the day following the annual general meeting, the outgoing Second Vice-President assumes the office of the First Vice-President and the outgoing First Vice-President assumes the office of the President.

14( 2) Any two members in good standing may nominate any other member in good standing for election as Second Vice-President.

(d) in subsection (3) by striking out “Vice-President or Treasurer” and substituting “First Vice-President or Second Vice-President”;

(e) in subsection (4) by striking out “Vice-President or Treasurer” and substituting “First Vice-President or Second Vice-President”.

12 The heading “Removal of President, Vice-President or Treasurer” preceding section 15 of the Act is repealed and the following is substituted:

Removal of President, First Vice-President or Second Vice-President

13 Subsections 15(1) to (6) of the Act are amended by striking out “Vice-President or Treasurer” wherever it appears and substituting “First Vice-President or Second Vice-President”.

14 Section 16 of the Act is amended

(a) in subsection (2)

( i) by repealing paragraph (d) and substituting the following:

(d) fix the fees referred to in subsections 30(1) and (2) and set special assessments, to be paid by applicants and members for the purposes of the Society,

( ii) in paragraph (f) of the English version by striking out “compulsory” and substituting “mandatory”;

( iii) in paragraph (n)

( A) in the portion preceding subparagraph (i) of the French version by striking out “programme” and substituting “service”;

( B) in subparagraph (ii) by striking out “bar admission course” and substituting “bar admission program”;

( C) by repealing subparagraph (iv) and substituting the following:

( iv) the operation of a system of mandatory continuing legal education and require that every member, unless exempted in writing by the Executive Director in accordance with the rules, attend and successfully complete courses approved by Council as a condition of the right to practise law,

( D) in subparagraph (v) by striking out “program” and substituting “system”;

( E) in subparagraph (vi) by striking out “program” and substituting “system”;

( iv) in paragraph (u) of the English version by striking out “and” at the end of the paragraph;

( v) in paragraph (v) by striking out the period at the end of the paragraph and substituting “, and”;

( vi) by adding after paragraph (v) the following:

(w) appoint reviewing officers for the purpose of Part 14.

(b) in subsection (4) by striking out “Vice-President, Treasurer” and substituting “First Vice-President, Second Vice-President”.

15 Section 17 of the Act is amended

(a) in subsection (1) by striking out “professional corporations, inter-jurisdictional law firms” and substituting “law firms”;

(b) in subsection (2)

( i) in paragraph (a) by striking out “the Competence Committee,”;

( ii) in paragraph (r) by striking out “professional corporations, inter-jurisdictional law firms” and substituting “law firms”;

( iii) by adding after paragraph (w) the following:

(w.1) regulate the rights and obligations of pro bono members,

( iv) in paragraph (z) by striking out “President, Vice-President and Treasurer” and substituting “Second Vice-President”;

( v) in paragraph (aa) by striking out “as defined in section 36”;

( vi) in paragraph (gg)

( A) in the portion preceding subparagraph (i) by adding “a contingent fee agreement or” after “of”; and

( B) in subparagraph (i), by adding “and removal” after “appointment”;

( vii) in paragraph (hh) of the English version by striking out “compulsory” and substituting “mandatory”;

( viii) in paragraph (hh) of the English version by striking out “and” at the end of the paragraph;

( ix) in paragraph (ii) of the English version by striking out “compulsory” and substituting “mandatory”;

( x) in paragraph (ii) by striking out the period at the end of the paragraph and substituting a comma;

( xi) by adding after paragraph (ii) the following:

(jj) specify the conditions under which an entity, a person or a class of persons may carry out functions that include the practice of law, and

(kk) regulate law firms, including

( i) requiring law firms to register with the Society,

( ii) requiring law firms to designate a practising member of the law firm who is to receive official communication from the Society,

( iii) specifying what information the law firms must provide and keep current with the Society,

( iv) setting fees to be paid by law firms.

17( 4) The Executive Director shall

(a) publish all rules made by Council on the Society website, and

(b) publish a new rule or the amendment or repeal of a rule on the Society website within 30 days following approval by Council.

(d) in subsection (5) by striking out “professional corporations, inter-jurisdictional law firms” and substituting “law firms”;

(e) by repealing subsection (8).

16 Subsection 20(2) of the Act is amended by striking out “Vice-President or Treasurer” and substituting “First Vice-President or Second Vice-President”.

17 Section 24 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

24( 1) The Executive Director may refer any matter listed in subsection (1.1) to the Admissions Committee that, in the opinion of the Executive Director, requires consideration by the Committee.

(b) by adding after subsection (1) the following:

24( 1.1) The Admissions Committee shall, upon the receipt from the Executive Director of a referral under subsection (1), inquire into

(a) an application for enrolment as a student-at-law,

(b) an application for admission to membership in the Society,

(d) an application for reinstatement in the Society,

(e) an application for transfer by a member from the non-practising roll to the practising roll,

(f) an application for transfer by a member from the retirement roll to the practising roll,

(g) an application for transfer by a member from the pro bono roll to the practising roll,

(h) an application by a lawyer or law firm to engage, in any capacity having to do with the practice of law, a person who

( i) is under suspension as a result of disciplinary proceedings in any jurisdiction,

( ii) has been disbarred in any jurisdiction and has not been readmitted, or

( iii) has been permitted to resign from a law society in any jurisdiction while facing disciplinary proceedings and who has not been readmitted, and

(i) an application for a permit or the renewal of a permit to act as a foreign legal consultant as provided in the rules.

(d) in subsection (7) by striking out “subsection (1)” and substituting “subsection (1.1)”.

18 Section 25 of the Act is amended

(a) in subsection (1) by striking out “subsection 24(1)” and substituting “subsection 24(1.1)”;

(b) by adding after subsection (1) the following:

25( 1.1) In the case of an administrative suspension, the Executive Director may reinstate an applicant who has complied with all conditions of the Admissions Committee under this Act and paid any fee, assessment or costs owed by the applicant.

25( 2) If an applicant has not actively practised law for at least three of the five years immediately preceding the application for admission, readmission, reinstatement or transfer from the non-practising roll to the practising roll, from the retirement roll to the practising roll or from the pro bono roll to the practising roll, the Admissions Committee may, in accordance with the rules, require the applicant to do one or both of the following:

19 Subsection 26(1) of the Act is repealed and the following is substituted:

26( 1) Subject to subsection 25(3), a person whose application is rejected by the Admissions Committee may, on cause being shown to the Committee, reapply for

(a) enrolment as a student-at-law,

(b) admission,

(d) reinstatement,

(e) transfer from the non-practising roll to the practising roll,

(f) transfer from the retirement roll to the practising roll, or

(g) transfer from the pro bono roll to the practising roll.

20 Paragraph 27(1)a) of the French version of the Act is amended by striking out “programme de préparation au Barreau” and substituting “programme d’admission du Barreau”.

21 Section 28 of the Act is amended

(a) in paragraph (1)(e) by striking out “of the Supreme Court” and substituting “in New Brunswick”;

(b) in paragraph (2)(g) by striking out “of the Supreme Court” and substituting “in New Brunswick”;

(d) by repealing subsection (5).

22 The heading “Reinstatement” preceding section 29 of the Act is repealed and the following is substituted:

Reinstatement and readmission

23 Section 29 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

29( 1) In the case of a disciplinary matter, the Admissions Committee may readmit or reinstate as a member of the Society an applicant if it is satisfied that

(a) the applicant has complied with all orders of a court and all orders or directions of the Discipline Committee, Fitness to Practise Committee, Admissions Committee or Council,

(b) the applicant has been fully rehabilitated and is no longer a threat to the public by practising law,

( i) the fees fixed by Council, and

( ii) any fees, assessments or costs in respect of which the applicant is in arrears, except to the extent that the amount owing is waived by Council, and

(d) in the case of disbarment, the applicant has been admitted as a barrister and solicitor in New Brunswick on the motion of the Society.

(b) in subsection (2) by adding “or readmission” after “reinstatement”.

24 The Act is amended by adding after subsection 30(9) the following:

30( 9.1) Council may waive payment of all or part of an annual fee or a special assessment for a member on the basis of extraordinary circumstances.

25 Section 33 of the Act is amended

(a) by adding after paragraph (1)(a) the following:

(a.1) a pro bono member of the Society in good standing, to the extent allowed by the rules;

(b) in subsection (2)

( i) in paragraph (h) of the English version by striking out “or” at the end of the paragraph;

( ii) in paragraph (i) by striking out the period at the end of the paragraph and substituting a comma;

( iii) by adding after paragraph (i) the following:

(j) the representation of a corporation in a legal proceeding by an agent where such representation is authorized by statute, or

(k) carrying out functions that include the practice of law if those functions are performed by an entity, a person or a class of persons authorized by Council, as prescribed by the rules.

33( 3.1) Nothing in this Act affects the ability of a person or entity to provide members of the public with information of a general nature about the law and the legal procedures or any other legal information as defined in the rules.

26 Section 34 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “professional corporation” and substituting “law firm”;

(b) in paragraph (b) of the English version by striking out “professional corporation’s” and substituting “law firm’s”.

27 Paragraph 35b) of the French version of the Act is amended by striking out “exercer le droit” and substituting “exercice du droit”.

28 Section 36 of the Act is repealed and the following is substituted:

36 An inter-jurisdictional law firm may only practise law in New Brunswick in accordance with the rules.

29 Section 37 of the French version of the Act is amended

(a) in subsection (1) in the definition « Directeur » by striking out “du Directeur au sens du paragraphe 1(1) de la Loi sur les corporations commerciales” and substituting “selon la définition que donne de ce terme la Loi sur les sociétés par actions”;

(b) in subsection (4) in the portion preceding paragraph a) by striking out “corporations au sens de la Loi sur les corporations commerciales” and substituting “sociétés selon la définition que donne de ce terme la Loi sur les sociétés par actions”;

(c) in subsection (15) by striking out “de fiducie, de confidentialité ou de déontologie” and substituting “fiduciaux, confidentiaires ou déontologiques”;

(d) in subsection (16) by striking out “de fiducie, de confidentialité et de déontologie” and substituting “fiduciaux, confidentiaires et déontologiques”.

30 Section 38 of the Act is amended

(a) in paragraph (e) of the definition “conduct deserving sanction” by striking out “Competence,”;

(b) in the definition “incompetence” by striking out “Competence,”;

(d) in the definition “respondent” by striking out “inter-jurisdictional law firm, professional corporation” and substituting “law firm”;

(e) by adding the following definition in alphabetical order:

“capacity” means a member’s ability to practise law with reasonable skill and judgment that is not substantially impaired by a physical, mental or emotional condition, disorder or addiction;

31 Section 39 of the Act is amended

(a) in subsection (1) by striking out “Council” and substituting “The Executive Director”;

(b) in subsection (3) by adding “, or a member of the legal profession of another Canadian province or territory authorized to practise law in New Brunswick under subsection 33(4),” after “standing”.

32 Section 40 of the Act is amended

(a) in paragraph (a) by striking out “Competence and Complaints Committees” and substituting “Complaints Committee”;

(b) in paragraph (e) by striking out “Competence,”;

33 Section 41 of the Act is amended

(a) by adding after subsection (3) the following:

41( 3.1) Failure by a respondent to file a reply as prescribed by subparagraph (3)(b)(ii) constitutes professional misconduct for which disciplinary action may be taken.

(b) in paragraph (4)(a) by striking out “Competence,”;

(d) by adding after paragraph (4)(d) the following:

(d.1) refer the complaint to the Fitness to Practise Committee,

(e) by repealing subsection (6) and substituting the following:

41( 6) When a complaint is referred to the Complaints Committee under paragraph (4)(d) or to the Fitness to Practise Committee under paragraph (4)(d.1), the Registrar shall provide the Committee with a record of any investigation, the complaint, the respondent’s reply and any documentation and information relevant to the complaint.

34 Section 42 of the Act is amended

(a) in subsection (1) by striking out “on the request of any person or of Council” and substituting “on the request of a person, Council or the Society where the information provided to the Registrar establishes reasonable grounds for an investigation”;

(b) in subsection (4)

( i) by adding “, (d.1)” after “41(4)(a)”;

( ii) by striking out “Competence or”;

42( 5) If an investigation under subsection (1) discloses that the respondent’s capacity to practise is of concern, the Registrar may refer the matter to the Fitness to Practise Committee to be dealt with according to section 48.

35 Section 43 of the Act is amended

(a) in subsection (1) by adding “, within thirty days after receiving the decision of the Registrar,” after “may”;

(b) by adding after subsection (1) the following:

43( 1.1) The Complaints Committee may extend the thirty-day period under subsection (1) by ten days where circumstances warrant.

36 The heading “Competence Committee” preceding section 44 of the Act is repealed.

37 Section 44 of the Act is repealed.

38 The heading “Investigation by Competence Committee” preceding section 45 of the Act is repealed.

39 Section 45 of the Act is repealed.

40 The heading “Action by Competence Committee” preceding section 46 of the Act is repealed.

41 Section 46 of the Act is repealed.

42 The heading “Disposition in cases of incompetence” preceding section 47 of the Act is repealed.

43 Section 47 of the Act is repealed.

44 Section 48 of the Act is repealed and the following is substituted:

Fitness to Practise Committee

48( 1) Council shall appoint a Fitness to Practise Committee consisting of three or more practising members, one to be appointed by Council as chairperson and one as vice-chairperson, as well as one or more public representatives knowledgeable in the areas of health, mental health or addiction.

48( 2) Three members of the Fitness to Practise Committee constitute a quorum and shall include the chairperson or vice-chairperson, a practising member and a public representative.

48( 3) Members of the Fitness to Practise Committee are appointed for one year and may be reappointed.

48( 4) If the term of a member expires before a matter before the Fitness to Practise Committee is concluded, the member whose term has expired shall continue in office until the matter is concluded.

48( 5) Notwithstanding anything contained in this Act or the rules, where a complaint concerns a member’s capacity, or where a person, in the absence of a complaint, raises concerns about a member’s capacity to the Society, or a member self-reports concerns about their capacity to the Society, the Registrar may refer the matter to the Fitness to Practise Committee for its consideration.

48( 6) Upon receipt of a referral for consideration of a member’s capacity under subsection (5), the Fitness to Practise Committee shall

(a) review any record relative to the member’s capacity,

(b) make such inquiries of a complainant, the Registrar, the Executive Director, the member or any other person as it considers desirable,

48( 7) Having considered the matter of the member’s capacity under subsection (6), and where it is in the public interest to do so, the Fitness to Practise Committee may with the consent of the member enter into an agreement with the member on any or all of the following terms:

(a) the member submits to medical assessments to determine the member’s capacity;

(b) the member undertakes and completes an applicable course of treatment designed to address the issues affecting the member’s capacity;

(c) the member authorizes the Fitness to Practise Committee to receive reports from the medical assessments or treatment referred to in paragraph (a) and (b);

(d) the member agrees to accept restrictions or conditions on the member’s practice or to withdraw from practice pending completion of the terms and conditions in an agreement reached between the Fitness to Practise Committee and the member in accordance with this Act and the rules;

(e) the member consents to such other provisions of an agreement reached between the Fitness to Practise Committee and the member.

48( 8) Where a member fails to comply with the terms of the agreement consented to under subsection (7), the Fitness to Practise Committee may, after the member is given the opportunity to be heard,

(a) extend the terms of the agreement,

(b) amend the terms of the agreement, or

48( 9) Where a member fails to comply with the terms of the agreement consented to under subsection (7) and the Fitness to Practise Committee refers the matter to the Complaints Committee pursuant to paragraph (8)(c), the Complaints Committee may order that the member pay to the Society all or a portion of the reasonable costs of any audit, review, examination or medical or other assessment ordered or allowed under this section and may set and extend the date for payment.

48( 10) Where a matter is referred by the Fitness to Practise Committee to the Complaints Committee pursuant to paragraph (8)(c), the matter shall be considered a complaint and be processed in accordance with this Act and the rules.

45 Section 49 of the Act is amended

(a) in subsection (1) by adding “, as well as three public representatives” after “vice-chairpersons”;

(b) by repealing subsection (4) and substituting the following:

49( 4) The Complaints Committee may sit in panels of three or more, which may include one public representative, presided over by the chairperson or vice-chairperson, and decisions of a panel shall be by majority vote.

46 Section 51 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “Competence” and substituting “Fitness to Practise Committee”;

( ii) by adding after paragraph (b.4) the following:

(b.5) refer the matter to the Fitness to Practise Committee if the complaint raises concerns about the respondent’s capacity,

( iii) by repealing paragraph (d) and substituting the following:

(d) consider the complaint and order that the respondent comply with any decision of the Committee made under section 52.1,

(b) by repealing subsections (2) and (3).

47 Paragraph 52(e) of the Act is repealed and the following is substituted:

(e) refer the matter to the Fitness to Practise Committee if the complaint raises concerns about the respondent’s capacity.

48 The Act is amended by adding after section 52 the following:

Disposition in cases of incompetence

52.1 When the Complaints Committee finds that a respondent has been incompetent in the practice of law, it may do one or a combination of the following:

(a) order that the respondent not engage in specific areas of practice and impose conditions and limitations on the right to practise;

(b) order that the respondent undertake and pass courses at an approved law school, in a system of continuing legal education or in the bar admission program;

( i) to engage in the practice of law only under the personal supervision and direction of another member,

( ii) not to engage in the practice of law alone,

( iii) to accept periodic inspections by the Committee or by its delegate of the respondent’s documents and work relating to the respondent’s practice, or

( iv) to report to the Registrar or to the Committee on such matters relating to the respondent’s practice, during such period, at such times and in such form as the Committee may specify.

49 Section 53.1 of the Act is amended by striking out “sections 51, 52 and 53” and substituting “subsection 51(1) and sections 52, 52.1 and 53”.

50 Subsection 56(1) of the Act is amended by striking out “, at the same time,”.

51 The Act is amended by adding after subsection 56(3) the following:

56( 3.1) The chairperson of the Discipline Committee may upon request by the respondent grant an extension of ten days to the period of twenty days provided for in subsection (3).

52 Section 59 of the Act is amended

(a) in paragraph (a) of the English version by adding “or” at the end of the paragraph;

(b) in paragraph (b) by striking out “, or” at the end of the paragraph and substituting a period;

53 Section 60 of the Act is amended

(a) in subsection (1)

( i) by adding after paragraph (c) the following:

(c.1) upon request by the respondent and if it is reasonable to do so under the circumstances, accept the respondent’s resignation as a member of the Society, in which case the respondent shall be deemed to have been disbarred and subject to any rule or procedure applicable;

( ii) in paragraph (f) by striking out “Competence Committee under section 46” and substituting “Complaints Committee under section 52.1”;

(b) by repealing subsection (3) and substituting the following:

60( 3) Where a panel of the Discipline Committee finds that the disciplinary proceedings against the respondent were unwarranted, it may order that the Society pay to the respondent such costs as the panel considers just under the circumstances.

54 Section 61 of Act is amended

(a) in subsection (1) by striking out “Competence Committee, Complaints Committee,” and substituting “Complaints Committee”;

(b) by repealing paragraph (2)(a) and substituting the following:

(a) the Executive Director of the Legal Aid Services Commission;

61( 3) The Registrar shall give public notice, in accordance with the rules and any policy requiring public notice, of any order suspending or disbarring any respondent from the practice of law.

(d) in subsection (5) by striking out “section 51 or 52” and substituting “subsection 51(1) or section 52 or 52.1”.

55 The Act is amended by adding after section 61 the following:

Extraprovincial misconduct

61.1 A member is guilty of conduct deserving sanction under this Act if

(a) as a result of disciplinary proceedings in another Canadian jurisdiction

( i) the member is disbarred or permitted to resign from membership in the legal profession of that jurisdiction,

( ii) the member is suspended from practising law in that jurisdiction,

( iii) conditions are imposed on the member’s practice of law in that jurisdiction, or

( iv) the disciplinary authority in that jurisdiction finds that the member would have been disbarred, permitted to resign, suspended from the practice of law or had conditions imposed on the member’s practice of law if the member had been a member of the legal profession in that jurisdiction; or

(b) the member contravenes an order of a disciplinary authority of another Canadian jurisdiction having jurisdiction over the member.

56 Section 62 of the Act is amended

(a) in subsection (1) by striking out “Competence,”;

(b) in subsection (3) by striking out “Competence,”.

57 Section 65 of the Act is repealed and the following is substituted:

65 When the Registrar or the Complaints or Discipline Committee, or a panel of these Committees, makes a decision or order under this Part with respect to a law firm, all members of the law firm who practise in the Province and who are in a position of responsibility, including officers, partners, shareholders and directors, shall be personally responsible for seeing that the decision or order is carried out and failure to do so is professional misconduct.

58 Subsection 66(1) of the Act is amended by striking out “Competence” and substituting “Complaints”.

59 Section 68 of the Act is amended by striking out “Competence” and substituting “Complaints”.

60 Section 69 of the Act is amended by striking out “Competence” and substituting “Complaints”.

61 Section 74 of the Act is amended in the definition “custodian” by striking out “paragraph 79(b)” and substituting “paragraph 79(1)(b)”.

62 Section 81 of the Act is amended

(a) by repealing subsection (3) and substituting the following:

81( 3) Where money or other property is misappropriated by a member, a person who has sustained a loss may claim compensation from the Fund provided the member was acting as a barrister and solicitor in a solicitor-client relationship with the person when the misappropriation occurred.

(b) by repealing subsection (9) and substituting the following:

81( 9) A person entitled to claim compensation under subsection (3) may do so by delivering a written application to the Executive Director.

63 Section 82 of the Act is amended in the definition “reviewing officer” by striking out “the Lieutenant-Governor in Council” and substituting “Council”.

64 Paragraph 83(2)(a) of the English version of the Act is amended by striking out “firm” and substituting “law firm”.

65 The heading “PARTIE 15 FONDATION POUR L’AVANCEMENT DU DROIT” following section 94 of the French version of the Act is amended by striking out “L’AVANCEMENT DU” and substituting “LE”.

66 Section 95 of the French version of the Act is amended in the definition « Fondation » by striking out “Fondation pour l’avancement du droit au Nouveau-Brunswick” and substituting “Fondation pour le droit au Nouveau-Brunswick”.

67 Section 98 of the Act is amended

(a) by repealing paragraph (3)(b) and substituting the following:

(b) income earned on the funds invested by the Foundation, including any capital gain realized from its investments, and

(b) in subsection (8) by striking out “chartered accountant” and “firm of chartered accountants” and substituting “chartered professional accountant” and “firm of chartered professional accountants”, respectively;

(d) in paragraph (9)(c) by striking out “the Minister or”.

68 Subsection 106(2) of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “An inter-jurisdictional law firm or professional corporation” and substituting “A law firm”;

(b) by repealing paragraph (a) and substituting the following:

(a) by mailing it by registered or certified mail to the attorney designated to accept service as prescribed by the rules, or

69 The Act is amended by adding after section 106 the following:

Law firms

106.1( 1) This Act and the rules apply to members despite any relationship they may have with a law firm.

106.1( 2) The fiduciary and ethical obligations of members and their obligations respecting confidentiality and solicitor-client privilege to persons receiving legal services are not diminished by the fact that the services are provided by a member through a law firm.

70 Section 108 of the Act is amended by striking out “chartered accountant, certified general accountant, certified management accountant, or a firm of such accountants” and substituting “chartered professional accountant or a firm of chartered professional accountants”.

71 Subsection 110(1) of the Act is amended by adding “the Society,” after “No action lies against”.

72 The Act is amended by adding after subsection 114(4) the following:

114( 5) A person who held the office of reviewing officer immediately before the commencement of this subsection shall be deemed to have been appointed under paragraph 16(2)(w) until the person resigns or is removed by Council.

73 This Act comes into force on July 1, 2024.