At their September 2016 meeting, the Benchers amended the following rules:

1. Amendment to Retirement Applications

Amendments have been made to Rule 68(3) to provide clarity around the process for members who seek retirement status prior to 25 years of active status. While this early change in status remains discretionary, the decision will now be made by the Executive Director. This will improve the efficiency of the application process. Additionally, the Rule has been amended to provide for an application process for inactive lawyers who are 70 years of age and older to apply for retirement status, should they wish to have this change in status.

2. Amendment and Clarification of Trust Safety Rule

Following on the amendments to the Trust Safety Rules that were made at the June Bencher Meeting, Rule 119.15 has been clarified so that all parties are aware of the materials that shall be and those that may be considered by the Trust Safety Committee.

3. Rescinding of Trust Safety Approvals Guideline

Further to the amendments to the Trust Safety Rules that were made at the June Bencher Meeting, the Guideline that was in place for Trust Safety decisions became outdated and has been rescinded. The Trust Safety Protocol that was updated following the September Bencher meeting is the current document to consult for Trust Safety processes.

4. Rule Amendments and Guideline: Section 57 – Complaint Re-examination

A Guideline has been drafted for those Benchers who determine Section 57 re-examination requests. This will provide clarity around the process and aid in decision making. An amendment was made to Rule 88.1 so that it aligns with the wording of Section 57.

5. Pre-Hearing Conferences

At their September 2016 meeting, the Benchers amended Rule 90.1, which governs pre-hearing conferences that are held before hearings or appeals commence. The purpose of a pre-hearing conference is to try to resolve matters that have been directed to hearing or to resolve issues before a hearing or an appeal is heard.

The amendments specify that a pre-hearing conference must be held if directed by the chair of the Conduct Committee. Additionally, the amended rule allows the chair of the pre-hearing conference to grant adjournments of pre-hearing conferences and to facilitate mediation or settlement between the lawyer and the Law Society before a hearing commences. A pre-hearing conference may proceed in the lawyer’s absence if the chair of the pre-hearing conference confirms that the lawyer had notice but failed to attend. The amended rule also provides that both the lawyer and the Law Society may serve a Notice to Admit facts or exhibits.

The amendments to Rule 90.1 update and clarify the pre-hearing process. The amendments clearly set out the role and powers of the chair of the pre-hearing conference, and provide direction to the chair of the pre-hearing conference, lawyers and the Law Society as to the various steps that may be taken during the pre-hearing conference.

The amendments to Rule 90.1 required a consequential amendment to Rule 97, to state that the chair of a pre-hearing conference where a pre-hearing conference has been directed may also adjourn a hearing that has not commenced.

Rules of the Law Society of Alberta

Rules Amendment History

At their September meeting, the Benchers approved two changes to the Continuing Professional Development Program (CPD). The first change shifts the annual deadline for CPD declarations from March 15th to September 30th. The second change improves program accountability through the implementation of an administrative suspension for failure to declare a plan.

In order to better support lawyers in their planning efforts, the CPD declaration period will now open on July 1st, with a deadline of September 30th. This coordinates the planning cycle with the traditional education calendar so lawyers have an opportunity to review the Legal Education Society of Alberta (LESA) course offerings for the upcoming year and the Canadian Bar Association (CBA) – Alberta Branch subsection memberships and conference offerings as they develop their CPD plan. This does not preclude lawyers from exploring other professional development opportunities outside of course offerings and subsection meetings. Lawyers are still encouraged to select professional development opportunities that best meet their needs and learning preferences.

Beginning in 2017, lawyers who do not develop and declare a CPD plan by the September 30th deadline will be administratively suspended. This suspension can be quickly remedied by developing and declaring a CPD plan and completing the administrative suspension reinstatement process.

In 2012, the Law Society conducted a review of the CPD program and received feedback from lawyers that the program requires accountability. While the Law Society tracks lawyers who do not complete the mandatory CPD plan development and declaration process, there has been no consequence for the failure to declare.

The Law Society is accountable to the public to ensure lawyers are qualified and competent throughout their career. The lack of consequence has, therefore, been an issue for a number of years. Canada’s other law societies and many regulators of other professions have suspensions for failure to complete continuing professional development requirements. While Alberta’s CPD plan declaration rates have increased over the past three years, they are below those of other provinces where penalties exist.

The Law Society is aware of the Sidney Green v. Law Society of Manitoba hearing that is going before the Supreme Court of Canada in November. This case centers on mandatory CPD training hours and administrative suspensions for non-compliance. We are watching the development of this case and will thoroughly review the decision, when released.

The CPD plans declared by lawyers in March 2016 will be active to the end of the new planning cycle on September 30, 2017. While lawyers are not required to develop a plan for the six month gap, we encourage all lawyers to revisit their CPD plans in the Lawyer Portal and make use of the reflection boxes to address professional development over the March to September 2017 time period.

The Continuing Professional Development Program (CPD) was introduced in Alberta in 2008. Though the program has always been mandatory, it does not have an hourly requirement. The program provides flexibility for lawyers to self-assess their needs, learning preferences and goals.

Over the years, the program has undergone several changes, including the mandatory template introduced in 2016 on the Lawyer Portal. This template provides lawyers with guidance to self-assess in six competency areas to ensure the development of a well thought-out and developed plan.

We are confident that the 2017 CPD program improvements will better support lawyers in their ongoing development. Our CPD team will continue to work with lawyers, as needed, to assist them in meeting their CPD obligations and can be reached at cpd@lawsociety.ab.ca or 403.229.4766.