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Legal Profession Act - The Law Society of British Columbia

Legal Profession Act - The Law Society of British Columbia

LEGAL PROFESSION ACT(3)

LEGAL PROFESSION ACT(3) Section 11 (4) applies to the rules made under subsection (1) of this section unlessthey deal directly with a matter referred to in section 12.(4) Section 12 applies to the rules made under subsection (1) of this section that dealdirectly with a matter referred to in that section.Officers and employees8 The benchers may make rules to do either or both of the following:(a) delegate to the executive director, or the executive director’s delegate, anypower or authority of the benchers under this Act except rule-makingauthority;(b) authorize a committee established under this Act to delegate authoritygranted to it under this Act to the executive director or the executivedirector’s delegate.[2007-14-201]Division 2 – CommitteesLaw Society committees9 (1) The benchers may establish committees in addition to those established by thisAct.(2) The benchers may authorize a committee to do any act or to exercise anyjurisdiction that, by this Act, the benchers are authorized to do or to exercise,except the exercise of rule-making authority.(3) The benchers may make rules providing for(a) the appointment and termination of appointments of persons to committees,and(b) the practice and procedure for meetings of committees, includingproceedings before committees.(4) For a quorum at a meeting of a committee, at least 1/2 of the members of thecommittee must be present.[2012-16-4]Executive committee10 (1) The benchers must establish an executive committee.(2) The benchers may delegate any of the powers and duties of the benchers to theexecutive committee, subject to any conditions they consider necessary.(3) A quorum of the executive committee is 4.(4) A motion assented to in writing by at least 75% of the executive committee’smembers has the same effect as a resolution passed at a regularly convenedmeeting of the executive committee.10 [12/2012]

PART 1 – ORGANIZATIONLaw Society rulesDivision 3 – Rules and Resolutions11 (1) The benchers may make rules for the governing of the society, lawyers, law firms,articled students and applicants, and for the carrying out of this Act.(2) Subsection (1) is not limited by any specific power or requirement to make rulesgiven to the benchers by this Act.(3) The rules are binding on the society, lawyers, law firms, the benchers, articledstudents, applicants and persons referred to in section 16 (2) (a) or 17 (1) (a).(4) Enactment, amendment or rescission of a rule is not effective unless at least 2/3 ofthe benchers present at the meeting at which the rule, amendment or rescission isconsidered vote in favour of it.(5) Unless section 12 applies, no approval other than that required undersubsection (4) of this section is necessary to enact, rescind or amend a rule.[2012-16-5]Rules requiring membership approval12 (1) The benchers must make rules respecting the following:(a) the offices of president, first vice-president or second vice-president;(b) the term of office of benchers;(c) the removal of the president, first vice-president, second vice-president or abencher;(d) the electoral districts for the election of benchers;(e) the eligibility to be elected and to serve as a bencher;(f) the filling of vacancies among elected benchers;(g) the general meetings of the society, including the annual general meeting;(h) the appointment, duties and powers of the auditor of the society;(i) life benchers;(j) [repealed](k) the qualifications to act as auditor of the society when an audit is requiredunder this Act.(2) The first rules made under subsection (1) after this Act comes into force must beconsistent with the provisions of the Legal Profession Act, R.S.B.C. 1996, c. 255,relating to the same subject matter.(3) The benchers may amend or rescind rules made under subsection (1) or enact newrules respecting the matters referred to in subsection (1), in accordance with anaffirmative vote of 2/3 of those members voting at a general meeting or in areferendum respecting the proposed rule, or the amendment or rescission of a rule.[2007-14-216; 2012-16-6][12/2012] 11

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