Part 12 – Lawyers’ Insurance Association of Nova Scotia (LIANS)

12.1 Interpretation

12.1.1 In this Part

  1. “Board” means the board of directors of the Association,
  2. “Board Member” means a person who is appointed to the Board,
  3. “Director” means the Director of the Lawyers Insurance Association of Nova Scotia.

Seal

12.1.2 The Board may procure and adopt a seal for the Association and shall provide for its safe custody.

Purpose

12.1.3 The Association shall conduct the mandatory professional liability program for the benefit of practising lawyers.

Cooperate with Society

12.1.4 The Association shall work cooperatively with the Society to provide an insurance program that benefits members.

Fiscal Year

12.1.5 The fiscal year of the Association shall be established by the Board.

12.2 Composition of Board

12.2.1 The Board shall consist of not fewer than six and not more than twelve members, one of whom shall be the Executive Director.

Term of Office

12.2.2 Board Members will hold office on the Board for a term of two years commencing effective January 1, 2019 or until the appointment of their successors.

12.2.2.1 Board Members appointed in June 2017 will hold office until December 31, 2018 or until the appointment of their successors.

Vacancy

12.2.3 Where a vacancy occurs on the Board for any reason, the vacancy may be filled at any time by Council appointing another person and the person so appointed shall hold office for the remainder of the term for which the person’s predecessor was appointed or until a successor is appointed.

Effect of Vacancy

12.2.4 A vacancy on the Board does not impair the right or authority of the Board to act.

Revocation of Appointment

12.2.5 Council may, at any time, in its discretion, revoke the appointment of a Board Member.

Ceasing to Hold Office

12.2.6 A Board Member who is convicted of professional misconduct, conduct unbecoming or incompetence under Part 3 of the Act shall be deemed to have resigned from the Board.

Expenses

12.2.7 A Board Member shall not be paid remuneration for carrying out the duties of the member’s office, but shall be reimbursed for reasonable expenses necessarily incurred in the performance of the Board Member’s duties.

Signing Authority

12.2.8 Every document to which the seal is affixed for the purpose of certifying documents or proceedings of the Association, and every agreement to which the Association is a party shall be signed by those prescribed by a resolution of the Board.

Cheques

12.2.9 The Board may maintain accounts in one or more chartered banks and may designate by resolution the person or persons who may sign cheques on the accounts of the Association.

12.3 Board Meetings

12.3.1 The Board shall meet not fewer than four times per year and shall within six months of the end of the fiscal year;

  1. approve the audited financial statements,
  2. appoint auditors for the current year, and
  3. appoint actuaries for the current year.

Means of Meetings

12.3.2 The Board may hold meetings in person or by any other means approved by the Board.

Quorum

12.3.3 A majority of the Board Members constitute a quorum.

Resolution in writing

12.3.4 A resolution in writing signed by a majority of the Board Members shall be as effective as a resolution passed at a meeting of the Board.

Counterparts

12.3.5 A resolution in writing may be signed in counterparts.

12.4 Director

12.4.1 The Board shall appoint a senior executive as Director who will be responsible for the operations of the Association, the handling of claims and such other items assigned by the Board in accordance with the practices and policies established by the Board.

Chair

12.4.2 Council shall designate one of the Board Members as chair of the Board.

Vice-Chair

12.4.3 Council may designate one of the Board Members as vice-chair of the Board.

Secretary

12.4.4 The Director shall be the Secretary of the Association and shall be responsible for the safe keeping of the records of the Association including the minutes of Board and committee meetings.

Other Officers

12.4.5 The Board may appoint other officers of the Association, as the Board may consider appropriate from time to time.

Appointment of Committees

12.4.6 The Board shall appoint:

  1. an audit committee
  2. an investment committee;
  3. a Lawyers’ Assistance Program Committee;

and may appoint other committees as it deems necessary

Lawyers Assistance Program

12.4.7 The Association shall establish, conduct and maintain programs to assist lawyers and other persons designated in the policy direction of the Council in handling or avoiding personal, emotional, medical or substance abuse problems

Risk and Practice Management Program

12.4.8 The Association must, in collaboration with the Society, establish, conduct and maintain programs to assist lawyers with issues arising in the practice of law as part of the mandatory professional liability program of the Association and the Society may provide financial support for this program.

12.5 Expense Sharing Agreement

12.5.1 The Association may enter into an agreement with the Society for the sharing of expenses and administrative services, including the expenses respecting the employment of staff of the Society assigned in whole or in part to provide services to the operations of the Association.

Indemnity

12.5.2 The Association shall indemnify Board and committee members and the officers, servants or agents of the Association, including those employees that may be assigned from the Society to provide services to the operations of the Association, for any loss or damage suffered by such person as a result of anything done in good faith in the performance or intended performance of any duty or in the exercise or the intended exercise of any power pursuant to these Regulations, or for any neglect or default in the performance or exercise in good faith of such duty or power.

Policy directions

12.5.3 In accordance with the Act the Association shall comply with policy directions of Council prescribed from time to time.

Information for Council

12.5.4 The Association must provide to Council

  1. the financial statements of the Association forthwith after they are approved by the Board;
  2. for the six month periods ending June 30 and December 31, a summary of the operations and financial position of the Association,
  3. at or before the meeting of Council held in the month of April of each year, the assessment for mandatory liability insurance coverage, for the policy period commencing on July 1, along with a summary of the actuarial reports upon which the assessment is based, which assessment will become the amount payable pursuant subregulation 4.2.4; and
  4. such further information as the Council may require to assist the Council in discharging the Council’s responsibilities to the members.

Confidentiality

12.5.5 Unless disclosure of specific claims information is authorized or required by law, any information obtained by staff assigned to the Association regarding

  1. potential claim to the Association; or
  2. a claim being handled by the Association,

is confidential and shall not be disclosed or used for purposes other than for those of the Association.

Confidentiality of Lawyers’ Assistance Program

12.5.6 Despite any provision of these Regulations, unless disclosure of specific information is authorized or required by law, all information obtained through the Lawyers’ Assistance Program will be confidential and will not be disclosed or used for purposes other than for those of the Association as prescribed by the program.

Statistical Information

12.5.7 The Association will develop and maintain statistical information about claims which may be used for various purposes including reports to Council, loss prevention and risk management initiatives and other purposes approved by the Board.

12.6 Deductible

12.6.1 In this Part, “individual deductible” means the damages a lawyer who is insured through the Association must pay in relation to claims made in respect to an occurrence, as set out in the applicable Group Insurance Policy.

12.6.2 A lawyer must pay to the Association the “individual deductible” in accordance with this Regulation, the Group Insurance Policy and the Association’s Individual Deductible Policy.

12.6.3 Regulation 12.6 only applies to claims paid by the Association on or after September 1, 2018.

12.6.4 The “individual deductible” is, and will be treated as, a contractual debt owing by the lawyer to the Association.

12.6.5 If a claim resolved by the Association includes payment(s) of damages in a total amount that is equal to or less than the “individual deductible”, the lawyer must reimburse the Association the amount the Association paid for damages forthwith after the claim is paid in accordance with the Association’s Individual Deductible Policy then in effect.

12.6.6 If a claim resolved by the Association includes payment(s) of damages totaling an amount that is greater than the “individual deductible”, the lawyer must reimburse the Association the amount of the “individual deductible” in accordance with Regulation 12.6 and the Association’s Individual Deductible Policy then in effect.

12.6.7 Unless Regulation 12.6 or the Association’s Individual Deductible Policy states otherwise, the “individual deductible” will be deemed to be a surcharge as described in Parts 4 and 13 of these Regulations.