HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 – Civil Resolution Tribunal Act Amendments

1 Section 13.2 of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, as enacted by section 12 of the Civil Resolution Tribunal Amendment Act, 2018, S.B.C. 2018, c. 17, is amended by adding the following paragraph:

(c) the date on which the tribunal certifies, under section 56.2 (1) [tribunal must certify parties have completed tribunal process], that the parties have completed the tribunal's process in respect of a tribunal small claim, if a party has made a notice of objection under section 56.1 (1) [notice of objection renders decision non-binding].

2 Section 16.1, as enacted by section 15 of the Civil Resolution Tribunal Amendment Act, 2018, S.B.C. 2018, c. 17, is amended

(a) in subsection (1) by striking out "if a court determines that all matters in a proceeding before it" and substituting "if, in a court proceeding, the court determines that all matters", and

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

(2) Subject to section 16.4 (1) and (2), if, in a court proceeding, a party alleges that a matter in a proceeding before the court relates to a minor injury within the jurisdiction of the tribunal under section 133 (1) (b) or (c) [claims within jurisdiction of tribunal for accident claims], the court must stay the proceeding until the tribunal determines, as applicable,

(a) in the case of an accident claim under section 133 (1) (b), whether an injury is a minor injury, and

(b) in the case of an accident claim under section 133 (1) (c), unless it is not in the interests of justice and fairness for the tribunal to make the determination, whether a party has established that there is a substantial likelihood that damages will exceed the tribunal limit amount.

3 Section 16.4 (1), as enacted by section 15 of the Civil Resolution Tribunal Amendment Act, 2018, S.B.C. 2018, c. 17, is amended by adding the following paragraph:

(c.1) the tribunal has made a final decision in relation to a tribunal small claim and a party has made a notice of objection under section 56.1 (1) [notice of objection renders decision non-binding]; .

4 Section 30 is amended by striking out "tribunal small claim or strata property".

5 Section 56.2 (2) is amended by striking out "under section 14.1 (1) (a) [small claims must go through tribunal before going to Provincial Court]".

6 Section 56.4 (c) is amended by striking out "costs" and substituting "penalties".

7 The following section is added to Division 4 of Part 10, as enacted by section 32 of the Civil Resolution Tribunal Amendment Act, 2018, S.B.C. 2018, c. 17:

Transition – appeal of certain strata property claims

123.1  Despite the repeal of section 56.5 [appeal to Supreme Court] of this Act, that section, as it read immediately before its repeal, continues to apply in respect of a strata property claim with an initiating notice given before January 1, 2019.

8 Section 126 (1) (a), as enacted by section 32 of the Civil Resolution Tribunal Amendment Act, 2018, S.B.C. 2018, c. 17, is amended by striking out "Part 4 [Finance]" and substituting "Parts 4 [Finance] and 5 [Association Alterations]" and by adding the following subparagraph:

(iii) section 71 [no pledge or disposition of association's undertaking without consent]; .

9 Section 133 (1) (c), as enacted by section 32 of the Civil Resolution Tribunal Amendment Act, 2018, S.B.C. 2018, c. 17, is amended by adding "including loss or damage to property related to the accident but" after "the amount,".

10 Section 134 (2), as enacted by section 32 of the Civil Resolution Tribunal Amendment Act, 2018, S.B.C. 2018, c. 17, is amended by adding the following paragraph:

(c) a claim under this Division in respect of an accident that occurred before April 1, 2019.

11 Section 135 (1), as enacted by section 32 of the Civil Resolution Tribunal Amendment Act, 2018, S.B.C. 2018, c. 17, is amended by adding "including loss or damage to property related to the accident but" after "the amount,".

12 The following sections are added to Part 10, as enacted by section 32 of the Civil Resolution Tribunal Amendment Act, 2018, S.B.C. 2018, c. 17:

Transition – claims in relation to accidents

136  (1) Section 134 (2) (c) does not limit the tribunal's jurisdiction in relation to the Small Claims Act in respect of a claim that involves an accident that occurred before April 1, 2019.

(2) If, before the coming into force of this section, the tribunal had jurisdiction in respect of a claim described in subsection (1), the claim is to continue before the tribunal as a tribunal small claim under Division 3 [Tribunal Small Claims] of this Part.

Commencement

137  This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Consequential and Related Amendments

Civil Resolution Tribunal Amendment Act, 2018

13 Section 31 of the Civil Resolution Tribunal Amendment Act, 2018, S.B.C. 2018, c. 17, is amended by striking out "renumbered as section 136" and substituting "repealed".

14 Sections 43, 44 and 48 are repealed.

Negligence Act

15 The Negligence Act, R.S.B.C. 1996, c. 333, is amended by adding the following section:

Definitions

9  In this Act:

"action" includes proceedings brought in the civil resolution tribunal under the Civil Resolution Tribunal Act;

"court" includes the civil resolution tribunal under the Civil Resolution Tribunal Act.

Parental Liability Act

16 Section 1 of the Parental Liability Act, S.B.C. 2001, c. 45, is amended by adding the following definitions:

"action" includes proceedings brought in the civil resolution tribunal under the Civil Resolution Tribunal Act;

"court" includes the civil resolution tribunal under the Civil Resolution Tribunal Act; .

Small Claims Act

17 Section 3 (3) of the Small Claims Act, R.S.B.C. 1996, c. 430, is amended by striking out "14.1" and substituting "16.4".

Workers Compensation Act

18 Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by adding the following definitions:

"action" includes proceedings brought in the civil resolution tribunal under the Civil Resolution Tribunal Act;

"court" includes the civil resolution tribunal under the Civil Resolution Tribunal Act; .

Part 2 – Class Proceedings Act Amendments

19 Section 34 of the Class Proceedings Act, R.S.B.C. 1996, c. 50, is repealed.

20 The following Division is added to Part 4:

Division 4 – Undistributed Amounts

Definition

36.1  In this Division, "Law Foundation of British Columbia" means the Law Foundation of British Columbia continued under section 58 (1) of the Legal Profession Act.

Undistributed amounts

36.2  (1) Subject to subsection (2), the court must order that, if all or any part of an award under Division 2 or settlement funds under section 35 have not been distributed within a time set by the court,

(a) 50% of the undistributed amount be distributed to the Law Foundation of British Columbia, and

(b) 50% of the undistributed amount be applied in any manner that may reasonably be expected to benefit class or subclass members, including, if appropriate, distribution to the Law Foundation of British Columbia.

(2) If the award or settlement referred to in subsection (1) is in respect of a class proceeding that relates to damage or loss suffered primarily by Indigenous people of Canada or it would be impractical or impossible for the court to make an order under that subsection, the court must order that all or any part of the undistributed amount be applied in any manner that may reasonably be expected to benefit class or subclass members.

(3) In making an order under subsection (1) (b) or (2), the court must consider

(a) whether the distribution would result in unreasonable benefits to persons who are not members of the class or subclass, and

(b) any other matter the court considers relevant.

(4) An order may be made under subsection (1) (b) or (2)

(a) even if the award or settlement does not provide for monetary relief to individual class or subclass members, and

(b) whether or not all the class or subclass members can be identified or all their shares can be exactly determined.

(5) An order may be made under subsection (1) (b) or (2) even if the order would benefit

(a) persons who are not class or subclass members, or

(b) persons who may otherwise receive monetary relief as a result of the class proceeding.

21 The following section is added:

Transition – undistributed amounts

45  If a proceeding was commenced under this Act before the coming into force of this section,

(a) section 34, as it read immediately before the coming into force of this section, applies to the proceeding, and

(b) Division 4 of Part 4 does not apply to the proceeding.

Part 3 – Gaming Control Act Amendments

22 Section 28 of the Gaming Control Act, S.B.C. 2002, c. 14, is amended

(a) in subsection (1) by striking out "the general manager, subject to subsection (3), may" and substituting "the general manager may", and

(b) by repealing subsection (3).

23 Section 92 is repealed and the following substituted:

Right to refuse entry

92  (1) If the general manager, the lottery corporation or a person acting on behalf of the lottery corporation has reason to believe that the presence of a person on the premises of a gaming facility is undesirable, the general manager, lottery corporation or person acting on behalf of the lottery corporation may

(a) request the person to leave the premises of the gaming facility immediately, or

(b) forbid the person, by written notice delivered to that person, to enter the premises of the gaming facility at any time during a period specified in the notice.

(2) If the lottery corporation or a person acting on behalf of the lottery corporation has reason to believe that a person on the premises of a gaming facility is a participant in a voluntary self-exclusion program, the lottery corporation or person acting on behalf of the lottery corporation may exercise a power referred to in subsection (1) (a) or (b).

24 Section 97 (2.1) is repealed and the following substituted:

(2.1) The lottery corporation, a registrant, a licensee or an eligible organization commits an offence if the lottery corporation, registrant, licensee or eligible organization contravenes section 86 (1) or (2).

Part 4 – Legal Profession Act Amendments

25 The title of the Legal Profession Act, S.B.C. 1998, c. 9, is repealed and the following substituted:

LEGAL PROFESSIONS ACT .

26 Section 1 (1) is amended

(a) in the definition of "applicant" by striking out "or" at the end of paragraph (b) and by adding the following paragraph:

(b.1) licensing as a licensed paralegal, or ,

(b) by adding the following definitions:

"call and admission" means call to the Bar of British Columbia and admission as a solicitor of the Supreme Court;

"disqualify" means to declare that a licensed paralegal or former licensed paralegal is unsuitable to practise law and to terminate the licensed paralegal's membership in the society;

"licensed paralegal" means a member in good standing who is licensed as a licensed paralegal, and in Parts 4 to 6 and 10 includes a former licensed paralegal; ,

(c) in the definition of "lawyer" by striking out "a member of the society" and substituting "a member who is called and admitted" and in paragraph (b) of that definition by striking out "former member of the society" and substituting "former lawyer",

(d) in the definition of "practice of law" by adding "or licensed paralegal" after "lawyer" wherever it appears, and

(e) in the definition of "practising lawyer" by striking out "a member in good standing" and substituting "a lawyer who is a member in good standing and".

27 Section 3 is amended

(a) in paragraph (b) by adding "and licensed paralegals" after "lawyers",

(b) in paragraph (c) by striking out "lawyers and of applicants for call and admission" and substituting "lawyers, licensed paralegals, articled students and applicants", and

(c) in paragraph (e) by adding "licensed paralegals," after "lawyers,".

28 Section 7 (2) is amended by adding the following paragraph:

(d) at least one bencher must be elected from among

(i) members who are lawyers, and

(ii) members who are licensed paralegals.

29 Section 9 is amended by adding the following subsection:

(3.1) The rules made under subsection (3) (a) must ensure that at least 1/2 of the members of a committee established under subsection (1)

(a) are lawyers, if the committee deals only with matters related to lawyers, or

(b) are licensed paralegals, if the committee deals only with matters related to licensed paralegals.

30 Section 11 (1) and (3) is amended by adding "licensed paralegals," after "lawyers,".

31 Section 13 is amended

(a) in subsections (2) (b) and (3) (a) by striking out "of the society",

(b) in subsection (3) by striking out "subsection (4)" and substituting "subsections (4) and (5)", and

(c) by adding the following subsection:

(5) A resolution is not binding on the benchers if to implement the resolution would require the benchers to enact, rescind or amend a rule made under section 15.1.

32 Section 14 is amended

(a) by repealing subsection (1) (c),

(b) in subsection (1) (d) by striking out "of the society", and

(c) in subsection (2) by striking out "member in good standing of the society" and substituting "lawyer who is a member in good standing".

33 Section 15 is amended

(a) in subsection (1) by striking out "No person, other than a practising lawyer, is permitted to engage in the practice of law, except" and substituting "No person is permitted to engage in the practice of law except",

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

(a) a practising lawyer,

(a.1) a licensed paralegal, to the extent permitted by the rules under section 15.1,

(a.2) a person who is an individual party to a proceeding acting without counsel solely on the person's own behalf, ,

(c) in subsection (2) by adding "a licensed paralegal," after "a practising lawyer," and by adding "or a licensed paralegal" after "the supervision of a practising lawyer",

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

(a) the person is

(i) a member who is suspended,

(ii) a former member who has been disbarred or disqualified, or

(iii) a former member who has resigned as a member as a result of disciplinary proceedings or who has otherwise ceased to be a member as a result of disciplinary proceedings, or , and

(e) in subsection (4) by adding the following paragraph:

(a.1) a licensed paralegal, .

34 The following section is added:

Licensed paralegals

15.1  The benchers may make rules establishing the scope of practice within the practice of law of licensed paralegals or a class of licensed paralegals.

35 Section 19 is amended

(a) in subsection (1) by adding "who is a lawyer" after "member",

(b) by adding the following subsection:

(1.1) No person may be licensed as a licensed paralegal or reinstated as a member who is a licensed paralegal unless the benchers are satisfied that the person is of good character and repute. , and

(c) in subsection (2) by striking out "admission" and substituting "admission, licensing".

36 Section 21 (1) is amended

(a) in paragraph (b) by striking out "for call to the Bar of British Columbia and admission as a solicitor of the Supreme Court" and substituting "for call and admission and for licensing",

(b) in paragraph (c) by adding "and licensing" after "call and admission", and

(c) in paragraph (f) by striking out "of the society" and by adding "or a licensed paralegal" after "lawyer".

37 Section 22 (4) (b) is amended by striking out "admitted" and substituting "admitted, licensed".

38 Section 23 is amended

(a) in subsection (1) by adding "and a licensed paralegal" after "lawyer",

(b) in subsection (1) (a) by striking out "in an amount",

(c) in subsection (5) by striking out "of the society",

(d) in subsection (6) by striking out "a member in good standing of the society" and substituting "a member in good standing must immediately cease engaging in the practice of law and",

(e) by adding the following subsection:

(6.1) A licensed paralegal who is suspended or who, for any other reason, ceases to be a member in good standing must immediately

(a) cease engaging in the practice of law, and

(b) surrender to the executive director any proof of professional liability insurance issued by the society. , and

(f) by repealing subsection (7) (e) and substituting the following:

(e) deem a lawyer to have been a practising lawyer or deem a licensed paralegal to have been a licensed paralegal during a period in which the lawyer or licensed paralegal was in default of payment of fees or an assessment, on conditions that the benchers consider appropriate.

39 Section 23 is amended

(a) in subsection (1) (c) by striking out "insurance fee" wherever it appears and substituting "indemnity fee", and

(b) in subsection (6) by striking out "insurance" and substituting "indemnification".

40 Section 23 (6.1) (b), as enacted by section 38 (e) of this Act, is amended by striking out "insurance" and substituting "indemnification".

41 Section 26 is amended

(a) in subsections (1) (a) and (2) by striking out "former lawyer" and substituting "former lawyer, licensed paralegal, former licensed paralegal", and

(b) in subsection (3) by striking out "lawyer" and substituting "lawyer, a licensed paralegal".

42 Section 26.02 (1) is amended

(a) by striking out "a lawyer" and substituting "a lawyer, a licensed paralegal", and

(b) in paragraph (b) by adding "or licensed paralegal" after "lawyer".

43 Section 27 (2) is amended

(a) in paragraphs (b), (c) and (f) (i) by adding "or licensed paralegal's" after "lawyer's",

(b) in paragraphs (b), (c), (d) and (f) by adding "or licensed paralegal" after "lawyer" wherever it appears,

(c) in paragraph (d.1) by striking out "lawyers' practices, and to require lawyers" and substituting "a lawyer's or licensed paralegal's practice, and to require a lawyer or licensed paralegal", and

(d) in paragraph (e) by adding "a licensed paralegal, a former licensed paralegal," after "a former lawyer,".

44 Section 30 is amended

(a) in subsection (1) by adding "and licensed paralegals" after "lawyers",

(b) in subsection (1) by striking out "by a lawyer in his or her capacity as a barrister and solicitor" and substituting "by a lawyer or licensed paralegal in the lawyer's or licensed paralegal's capacity as a lawyer or licensed paralegal",

(c) in subsection (4) (a) by adding "or licensed paralegals" after "lawyers",

(d) in subsection (4) (b) by adding "or a class of licensed paralegals" after "lawyers",

(e) in subsections (4) (c) and (11) by adding "or licensed paralegal" after "a lawyer",

(f) in subsection (8) by striking out "A lawyer must immediately surrender to the executive director his or her practising certificate and" and substituting "A lawyer or licensed paralegal must immediately cease practising law and must immediately surrender to the executive director" and by adding "and a lawyer must immediately surrender to the executive director the lawyer's practising certificate," after "issued by the society,",

(g) in subsection (8) (a) and (b) by adding "or licensed paralegal" after "the lawyer", and

(h) in subsection (11) (a) by striking out "the lawyer or former lawyer" and substituting "the lawyer, former lawyer, licensed paralegal or former licensed paralegal".

45 Section 30 is amended

(a) in subsection (1) by striking out ""trust protection insurance" means insurance" and substituting ""trust protection indemnification" means indemnification",

(b) in subsections (1.1), (2.1), (4) (b) and (c), (5), (6), (8), (9) (b) and (11) by striking out "trust protection insurance" wherever it appears and substituting "trust protection indemnification",

(c) in subsections (2), (8) (a) (i) and (9) (b) by striking out "professional liability insurance" and substituting "professional liability indemnification",

(d) in subsections (2.1) (c), (6) and (11) by striking out "insurance fund" and substituting "indemnity fund",

(e) in subsections (3) (a), (4) (a) and (b), (7), (8) (b) and (9) (a) by striking out "insurance fee" and substituting "indemnity fee", and

(f) in subsection (4) (b) by striking out "insurance purposes" and substituting "indemnification purposes".

46 The following sections are added:

Application of other Acts to society indemnification program

30.1  (1) In this section:

"society indemnification program" means

(a) a professional liability indemnification program established, administered, maintained and operated by the benchers under section 30 (2), or

(b) a trust protection indemnification program established, administered, maintained and operated by the benchers under section 30 (2.1) (a);

"subsidiary" means

(a) a corporation that is a company, as defined in the Business Corporations Act, of which the society holds all of the issued shares, or

(b) a corporation that is a society, as defined in the Societies Act, of which the society is the only member, as defined in that Act.

(2) Despite the Financial Institutions Act and the Insurance Act, in relation to the establishment, administration, maintenance and operations of a society indemnification program,

(a) the society or a subsidiary is not an insurer as defined in the Financial Institutions Act and the Insurance Act,

(b) the society or a subsidiary is not carrying on insurance business in British Columbia,

(c) a contract entered into respecting an undertaking to indemnify given under a society indemnification program is not a contract as defined in the Insurance Act,

(d) the society or a subsidiary is not required to be licensed under Division 2 of Part 6 of the Financial Institutions Act as an insurance adjuster or insurance agent, and

(e) an employee of the society or a subsidiary is not required to be licensed under Division 2 of Part 6 of the Financial Institutions Act as an insurance adjuster, employed insurance adjuster, insurance agent or insurance salesperson.

(3) Subsection (2) does not apply in respect of a subsidiary that is a captive insurance company registered under the Insurance (Captive Company) Act.

(4) Divisions 4 and 8 of Part 9 of the Business Corporations Act do not apply to a subsidiary in respect of a society insurance program.

Third person right of action against indemnitor

30.2  (1) If a judgment has been granted against a lawyer in respect of a liability against which the lawyer is indemnified under a society indemnification program, as defined in section 30.1, and the judgment has not been satisfied, the judgment creditor may recover by action against the indemnitor the lesser of

(a) the unpaid amount of the judgment, and

(b) the amount that the indemnitor would have been liable under the policy to pay to the lawyer had the lawyer satisfied the judgment.

(2) The claim of a judgment creditor against the indemnitor under subsection (1) is subject to the same equities as would apply in favour of the indemnitor had the judgment been satisfied by the lawyer.

47 Section 30.2, as enacted by section 46 of this Act, is amended by adding "or licensed paralegal" after "lawyer" wherever it appears.

48 Section 32 is amended

(a) in subsection (2) (a) by striking out "lawyers" wherever it appears and substituting "lawyers, licensed paralegals",

(b) in subsection (2) (b) by adding "or licensed paralegal" after "lawyer",

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

(c) permit the imposition of conditions and limitations on a law firm, or the practice of a lawyer or licensed paralegal, that does not meet the standards established under subsection (1). , and

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

(3) Rules made under subsection (2) (b) and (c) must not permit

(a) the suspension of a lawyer or licensed paralegal,

(b) the imposition of conditions and limitations on the practice of a lawyer or licensed paralegal, or

(c) the imposition of conditions and limitations on a law firm

before the lawyer, licensed paralegal or law firm, as the case may be, has been notified of the reasons for the proposed action and given a reasonable opportunity to make representations respecting those reasons.

49 Section 33 (1) is amended

(a) by striking out "lawyer" and substituting "lawyer, licensed paralegal", and

(b) by striking out "lawyer's" wherever it appears and substituting "lawyer's, licensed paralegal's".

50 Section 34 (1) is amended by striking out "A lawyer who or a law firm that" and substituting "A lawyer, licensed paralegal or law firm that" and by striking out "the lawyer" and substituting "the lawyer, licensed paralegal".

51 Section 35 is amended by striking out "member in good standing of the society" and substituting "member in good standing".

52 Section 36 is amended

(a) in paragraphs (b), (c), (d) and (e) by striking out "lawyer" wherever it appears and substituting "lawyer, licensed paralegal",

(b) in paragraph (f) by striking out "lawyer" and substituting "lawyer, a licensed paralegal",

(c) in paragraph (h) by striking out "disbar a lawyer convicted" and substituting "disbar a lawyer or to summarily suspend or disqualify a licensed paralegal if the lawyer or licensed paralegal is convicted", and

(d) in paragraph (i) by adding "a licensed paralegal," after "lawyer,".

53 Section 37 (1) is amended by adding "a licensed paralegal," after "a lawyer," and by adding "the licensed paralegal," after "the lawyer,".

54 Section 38 (5) is amended

(a) in paragraph (e) by adding "or disqualify" after "disbar", and

(b) by repealing paragraph (f) (iv) and substituting the following:

(iv) if the respondent is a lawyer, practise law only as a partner, employee or associate of

(A) one or more other lawyers, or

(B) one or more other lawyers and one or more licensed paralegals;

(v) if the respondent is a licensed paralegal, practise law only as a partner, employee or associate of one or more lawyers or one or more other licensed paralegals; .

55 Section 42 (1) (a) is repealed and the following substituted:

(a) a hearing on an application for

(i) enrolment as an articled student,

(ii) call and admission,

(iii) licensing as a licensed paralegal, or

(iv) reinstatement, .

56 Section 47 (3.1) is amended by striking out "an applicant, a respondent or a lawyer" and substituting "a person".

57 Section 48 (1) is amended by adding the following paragraph:

(c.1) a licensed paralegal who is suspended or disqualified under this Act; .

58 Section 49 is amended

(a) in the definition of "practice" by adding "or licensed paralegal" after "lawyer",

(b) in the definition of "property" by repealing paragraph (a) and substituting the following:

(a) within a lawyer's or licensed paralegal's possession or control, if

(i) held or used by the lawyer or licensed paralegal for the benefit of a client or other person, or

(ii) otherwise held or used in the lawyer's capacity as a barrister and solicitor or in the licensed paralegal's capacity as a licensed paralegal, , and

(c) in paragraph (b) of the definition of "property" by adding "or licensed paralegal" after "lawyer" wherever it appears.

59 Section 50 is amended

(a) in subsection (1) by striking out "another lawyer" and substituting "a lawyer or licensed paralegal",

(b) in subsection (1) (a) and (b) by adding "or licensed paralegal" after "the lawyer",

(c) in subsection (3) by striking out "a lawyer's practice exist if the lawyer" and substituting "a lawyer's or licensed paralegal's practice exist if the lawyer or licensed paralegal",

(d) in subsection (3) (c) by striking out "practise as a lawyer" and substituting "practise law",

(e) in subsection (3) (e) by striking out "disbarred" and substituting "disbarred, disqualified", and

(f) in subsection (6) (g) by striking out "of the society".

60 Section 59 (1) is amended

(a) in paragraph (b) by striking out "not lawyers," and substituting "not lawyers or licensed paralegals,", and

(b) in paragraph (c) by striking out "lawyers or judges" and substituting "judges, masters, lawyers or licensed paralegals".

61 Section 61 (3) is amended by adding "or licensed paralegals" after "lawyers".

62 Section 63 is amended

(a) in subsections (4) and (7) by striking out "lawyers'" and substituting "lawyers', licensed paralegals'", and

(b) in subsection (8) by striking out "lawyer's" and substituting "lawyer's, licensed paralegal's".

63 The heading to Part 8 is repealed and the following substituted:

Part 8 – Lawyers' and Licensed Paralegals' Fees .

64 Section 65 (4) is amended by striking out "a lawyer" and substituting "a lawyer, licensed paralegal" and by adding "or licensed paralegal" after "practising lawyer".

65 Section 66 is amended

(a) in subsection (8) by adding "or confidentiality" after "to preserve solicitor client privilege",

(b) in subsection (8) by striking out "lawyer" wherever it appears and substituting "lawyer, the licensed paralegal",

(c) in subsection (8) (c) (ii) by striking out "either" and substituting "any", and

(d) in subsection (9) by striking out "the lawyer and client" and substituting "the lawyer or licensed paralegal and the client" and by striking out "the lawyer or" and substituting "the lawyer, the licensed paralegal or".

66 Section 69 (3) is repealed and the following substituted:

(3) The bill must be

(a) signed by or on behalf of the lawyer or licensed paralegal, or

(b) accompanied by a letter that refers to the bill and is signed by or on behalf of the lawyer or licensed paralegal.

67 Section 71 (5) is repealed and the following substituted:

(5) The discretion of the registrar under subsection (4) is not limited by the terms of the agreement between

(a) the lawyer or licensed paralegal, and

(b) the lawyer's or licensed paralegal's client.

68 Section 77 (2) is amended

(a) by striking out "lawyer or former lawyer" and substituting "lawyer, licensed paralegal, former lawyer or former licensed paralegal", and

(b) in paragraph (c) by adding "or licensed paralegal's" after "lawyer's".

69 Section 78 is amended

(a) in subsection (1) by adding "or licensed paralegals" after "lawyers",

(b) in subsection (1) by adding "or licensed paralegal" after "new lawyer" and after "another lawyer",

(c) in subsections (1) and (2) (a) (i) by adding "or former licensed paralegal" after "former lawyer", and

(d) in subsection (2) (a) (ii) by adding "or licensed paralegal's" after "lawyer's".

70 Section 81 is amended

(a) in subsection (2) by adding "or licensed paralegals" after "lawyers", and

(b) in subsection (6) by striking out "lawyer" and substituting "lawyer, a licensed paralegal".

71 Section 82 (1) is amended

(a) in paragraph (c) by striking out "lawyer or by" and substituting "lawyer, a licensed paralegal or",

(b) in paragraph (d) by adding "or a licensed paralegal" after "a practising lawyer" wherever it appears, and

(c) in paragraph (e) by adding "or licensed paralegals" after "practising lawyers".

72 Section 83 (1) is amended

(a) by repealing paragraph (d) (iv) and substituting the following:

(iv) a law corporation that has shareholders that consist of one or more of any of the following:

(A) a law corporation;

(B) a practising lawyer;

(C) a licensed paralegal; , and

(b) in paragraph (f) by adding "or a licensed paralegal" after "lawyer".

73 Section 87 (3) is amended

(a) by striking out "a lawyer" and substituting "a lawyer, licensed paralegal",

(b) by striking out "none of the lawyer," and substituting "none of the lawyer, the licensed paralegal,", and

(c) by striking out "consent of the lawyer" and substituting "consent of the lawyer, licensed paralegal".

74 Section 88 (1.3) is amended by striking out "A lawyer who or a law firm that" and substituting "A lawyer, licensed paralegal or law firm that".

75 The provisions listed in Column 1 of Schedule 1 are amended by striking out "lawyer" wherever it appears and substituting "lawyer or licensed paralegal".

76 The provisions listed in Column 2 of Schedule 1 are amended by striking out "lawyer" wherever it appears and substituting "lawyer, licensed paralegal".

77 The provisions listed in Column 3 of Schedule 1 are amended by striking out "lawyers" wherever it appears and substituting "lawyers and licensed paralegals".

78 The provisions listed in Column 4 of Schedule 1 are amended by striking out "lawyers" wherever it appears and substituting "lawyers, licensed paralegals".

79 The provisions listed in Column 5 of Schedule 1 are amended by striking out "lawyer's" wherever it appears and substituting "lawyer's or licensed paralegal's".

 
Transitional Provision

Transition – elections

80  Section 7 (2) (d) (ii) of the Legal Professions Act does not apply until there are at least 30 members who are licensed paralegals.

 
Consequential Amendments

Health Professions Act

81 Section 50.51 (2) of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:

(2) The chair of the review board must be

(a) a person who

(i) is a member or former member of the Law Society of British Columbia, and

(ii) is or was a lawyer, or

(b) a person who is a member or former member of a law society of another province of Canada.

Insurance Premium Tax Act

82 Section 5.2 of the Insurance Premium Tax Act, R.S.B.C. 1996, c. 232, is amended by striking out "insurance fee" and substituting "indemnity fee".

Judicial Compensation Act

83 Section 1 (1) of the Judicial Compensation Act, S.B.C. 2003, c. 59, is amended by repealing the definition of "lawyer".

84 Section 4 (3.1) is amended by striking out "lawyer" and substituting "member or former member of the Law Society of British Columbia".

Mental Health Act

85 Section 24.1 (3) of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended

(a) in paragraph (b) by adding "lawyer who is a" before "member", and

(b) in paragraph (c) by adding "or a licensed paralegal as defined in the Legal Professions Act" after "a lawyer".

Miscellaneous Statutes Amendment Act, 2009

86 The heading before section 57 of the Miscellaneous Statutes Amendment Act, 2009, S.B.C. 2009, c. 22, is repealed and the following substituted:

Legal Professions Act .

87 Section 57 is amended by striking out "Legal Profession Act" and substituting "Legal Professions Act".

Provincial Court Act

88 Section 6 (2) of the Provincial Court Act, R.S.B.C. 1996, c. 379, by adding "lawyer who has been a" before "member".

Supreme Court Act

89 Section 11 (2) of the Supreme Court Act, R.S.B.C. 1996, c. 443, is amended by adding "lawyer who is a" before "member".

 
Schedule 2 of this Act

90 The Acts listed in Column 1 of Schedule 2 are amended in the provisions listed opposite them in Column 2 by striking out "Legal Profession Act" and substituting "Legal Professions Act".

Commencement

91  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:

Schedule 1

(Sections 75 to 79)

Schedule 2

(Section 90)