The Rules of the Law Society of Alberta (LSA) [the Rules] were recently amended. The changes took effect on February 4, 2016. Key among the changes was the addition of a new rule (r 165.1) for an administrative rules suspension, which is intended by the LSA to streamline the reinstatement process for members who have been administratively suspended for non-payment of fees.
Summary
Under the new r 165.1, an administrative suspension occurs where a member of the LSA is subject to a rules suspension (defined in r 167(1)(b) as a suspension of membership imposed by the operation of rules 148, 149.3, or 165). Taken together, these rules mean that the non-payment of membership fees, professional liability insurance levies, or trust safety insurance levies will result in an administrative suspension.
Members of the LSA who are subject to administrative suspensions have 15 days from the date of the suspension to either make arrangements for an active practicing member of the LSA to assume conduct of the suspended member’s files, or to seek reinstatement through compliance with the rules and payment of outstanding fees or levies. Suspended members seeking reinstatement are also required to pay a suspension transaction fee (for the 2016 year, this fee was $236.25, inclusive of GST), though this fee may be waived by the Executive Director in some circumstances.
If the suspended member does not make the necessary arrangements or seek reinstatement within 15 days of the suspension, a Notice to the Profession of the member’s administrative suspension will be issued (for previously active members only), and a custodian will be appointed by the LSA for that member’s practice.
Members subject to administrative suspensions must seek reinstatement within 3 months from the date of suspension, in order to avoid the more onerous formal application for reinstatement, as set out in r 115.
More Information
For more information about the recent amendments to the Rules, and for a complete list of the changes, see the Rules Amendment History and the current version of the Rules (2016_V1).
