Back to Navigation

BY-LAW 6.1

Made:  January 29, 2009
Amended:  October 29, 2009
Revoked and Replaced:  October 28, 2010
Amended:  November 9, 2010 (editorial changes)
April 28, 2011
Revoked and Replaced:  September 25, 2013 (Effective January 1, 2014)
Amended: November 27, 2020 (effective January 1, 2021) 

CONTINUING PROFESSIONAL DEVELOPMENT

Interpretation: “eligible activity”

1.  In this By-Law, an “eligible activity” is an activity that serves to maintain or enhance a licensee’s professional knowledge, skills, attitudes or ethics, as determined by the Society.

Continuing professional development requirement

2.  (1)  Each year, the following licensees shall complete the number of hours of eligible activities required under subsection (2):
 
  1.  A licensee who is required to pay the full amount of the annual fee under By-Law 5.
  2.  A licensee who is exempted from payment of the annual fee under subsection 5 (2) of By-Law 5 and who practises law.
  3.  A licensee mentioned in section 4 of By-Law 5.

Number of required hours per year

  (2)  Subject to subsection (3), each year, a licensee to whom subsection (1) applies shall complete one hour of eligible activities for each calendar month in the year during which for any amount of time the licensee practises law or provides legal services, of the total of which hours at least twenty-five percent shall consist of eligible activities that are accredited by the Society covering ethics, professionalism or practice management topics.

Number of required hours per year: year of licensing

  (3)  In the year in which the licensee is licensed, a licensee to whom subsection (1) applies shall complete one hour of eligible activities for each calendar month that year, beginning with the calendar month immediately following the day on which the licensee is licensed, during which for any amount of time the licensee practises law or provides legal services, of the total of which hours at least twenty-five percent shall consist of eligible activities that are accredited by the Society covering ethics, professionalism or practice management topics.

Exemption from or reduction in required number of hours

  (4)  On application by a licensee, in any year, the Society may, for that year, exempt the licensee from the requirement under subsection (1) or reduce the number of hours of eligible activities that the licensee is required to complete under subsection (2).

No carry-over

  (5)  A licensee may not carry over from one year to any other year any hours of eligible activities that the licensee completes in the one year.

Reporting: licensees to whom s. 2 applies

3.  (1)  A licensee to whom section 2 applies shall file with the Society each year a report in respect of eligible activities completed by the licensee in the year.

Form, format and manner of filing

  (2)  The report required under subsection (1) shall be in a form provided, and in an electronic format specified, by the Society and shall be filed electronically as permitted by the Society.

Period of default

  (3)  For the purposes of clause 47 (1) (a) of the Act, a licensee is in default of the requirement mentioned in subsection (1) if the requirement is not met by March 31 of the year following the year to which the requirement relates.

Documents required to be kept

4.  (1)  A licensee shall keep all documents substantiating the licensee’s completion of the eligible activities reported by him or her in a year until December 31 of the year following the year in which the activities were reported.

Providing documents to Society

  (2)  If requested by the Society to do so, a licensee shall provide to the Society all documents kept by the licensee under subsection (1).

Requirement to provide information

5.  (1)  The Society may require a licensee to whom section 2 applies to provide to it specific information about the licensee’s completion of the required number of hours of eligible activities.

Notice of requirement

  (2)  The Society shall notify a licensee in writing of the requirement to provide information under subsection (1) and shall send to the licensee a detailed list of the information to be provided by him or her.

Time for providing information

  (3)  Subject to subsection (4), the licensee shall provide to the Society the specific information required of him or her not later than ten days after the date specified on the notice of the requirement to provide information.

Extension of time for providing information

  (4)  On the request of the licensee, the Society may extend the time within which the licensee is required to provide to the Society the specific information required of him or her.

Request for extension of time

  (5)  A request to the Society to extend time under subsection (4) shall be made by the licensee in writing and by not later than the day by which the licensee is required under subsection (3) to provide information to the Society.

Additional authority to require information

  (6)  The Society’s authority to require a licensee to provide information contained in this section is in addition to, and does not limit, the Society’s authority to require a licensee to provide information contained elsewhere in this By-Law, in any other by-law or in the Act.

Fee for late compliance: reinstatement of licence

6.  If, prior to January 1, 2021 , a licensee’s licence was suspended under subsection 46 (1) of the Act for failure to pay a fee for late compliance required to be paid under the version of this By-Law then in force, for the purposes of subsection 46 (3) of the Act, the licensee shall pay an amount equal to the fee for late compliance that the licensee failed to pay.

Commencement

7.  This By-Law comes into force on January 1, 2014.

Terms or Concepts Explained