Part 3 – Admissions

3.1 Interpretation

3.1.1 In this Part

  1. “Committee” means the Credentials Committee;
  2. “Capstone” means the final assessment in the Practice Readiness Education Program delivered by the Canadian Centre for Professional Legal Education;
  3. “CPLED” means the Canadian Centre for Professional Legal Education
  4. “Foundation Modules” is the first component of the Practice Readiness Education Program that is delivered online;
  5. “Foundation Workshop” is the second component of the Practice Readiness Education Program, delivered in person for one week;
  6. “law degree” means
    1. a Bachelor of Laws degree or a Juris Doctor degree from a faculty of common law at a Canadian university approved by the Federation of Law Societies of Canada for the granting of such degree;
    2. a degree in civil law, if the holder of the degree has passed a comprehensive examination in common law or has successfully completed a common law conversion course approved by the Credentials Committee; or
    3. a Certificate of Qualification issued by the National Committee on Accreditation of the Federation of Law Societies of Canada;
  7. “PREP” means the Practice Readiness Education Program;
  8. “Virtual Firm” is the third component of the Practice Readiness Education Program, which is delivered online.

3.2 Exceptional circumstances

3.2.1 The Executive Director may, in exceptional circumstances and when it is in the public interest to do so, waive one or more of the requirements for admission.

3.3 Application for enrolment as an articled clerk

3.3.1 An applicant for enrolment as an articled clerk must:

  1. be of good character;
  2. be a fit and proper person;
  3. be lawfully entitled to be employed in Canada;
  4. have a law degree;
  5. have an approved principal;
  6. provide the Executive Director with a completed application in the form prescribed by the Committee;
  7. provide the Executive Director an official transcript of the applicant’s grades at each faculty of law at which the applicant studied;
  8. pay the prescribed application fee to the Executive Director;
  9. provide an Articling Agreement in the prescribed form executed by the applicant and an approved principal to the Executive Director;
  10. provide the Executive Director with a criminal record check in a manner prescribed by the Executive Director;
  11. be proficient in the English language and if English is not the first language of the applicant, provide proof of English language proficiency in a manner prescribed by the Executive Director; and
  12. provide such other information that may be required, at any time, by the Executive Director.

Decision of the Executive Director

3.3.2 The Executive Director may, where it is in the public interest to do so:

  1. approve the application and stipulate the effective date of enrolment;
  2. deny the application for reasons other than good character or fitness;
  3. obtain any additional information from the applicant or any other person regarding the good character and fitness of the applicant;
  4. where there is any issue regarding the good character or fitness of an applicant refer the application to the Committee;

3.3.3 In the event that an application is denied pursuant to subregulation 3.3.2(b), the Executive Director shall provide the applicant with a written decision with reasons and shall inform the applicant of the internal review process.

Decision of the Committee

3.3.4 If an application is referred to the Committee pursuant to subregulation 3.3.2(d), the Committee shall consider the application and all the information provided by the Executive Director and may:

  1. request that the Executive Director obtain new information;
  2. deny the application for reasons other than good character or fitness;
  3. approve the application, with or without terms, and stipulate the effective date of enrolment; or
  4. deny the application.

3.3.5 In the event that the approval is with terms or the application is denied, the Committee shall provide the applicant with a written decision with reasons and shall inform the applicant of their right to appeal to the Credentials Appeal Panel.

Responsibility of the Executive Director on Approval

3.3.6 When the application is approved, the Executive Director shall:

  1. notify the applicant and the principal of the approval and the effective date on which the applicant will be enrolled as an articled clerk, and
  2. on the effective date, register the applicant on the Register of Articled Clerks.

Commencement of articles

3.3.7 Unless the Executive Director otherwise permits, persons will be enrolled as articled clerks on the 1st day of the month following the approval of their application.

PREP without articles

3.3.8 An individual may commence the PREP program without being approved as an articled clerk with the permission of CPLED.

3.3.9 An individual who has received permission to commence the PREP program without being approved as an articled clerk must comply with subegulation 3.3.1 if applying for enrolment as an articled clerk.

3.4 Requirement of Articled Clerks

3.4.1 An articled clerk must:

  1. unless credit has been given under subregulation 3.4.2(c), work under an Articling Agreement for a total of twelve months which period shall include the period required for the Bar Admission Program;
  2. successfully complete the Bar Admission Program;
  3. not engage in any other employment which, in the opinion of the Executive Director, would interfere with the articled clerk’s completion of the Articling Agreement or the Bar Admission Program;
  4. not receive credit for any period of articles that occurred more than three years prior to the date of registration on the Register of Articled Clerks;
  5. not receive credit for any period of less than one month worked under an articling agreement.

Options for Articled Clerks

3.4.2 An articled clerk may

  1. with the written consent of the principal and approval of the Executive Director, fulfill the articling requirements on a part-time basis, provided the total time to complete the Articling Agreement does not exceed three years from the date of enrolment;
  2. notwithstanding the definition of principal, serve under an Articling Agreement with a Justice of the Supreme Court of Nova Scotia, the Nova Scotia Court of Appeal, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada or the Supreme Court of Canada provided the other requirements of this Part are satisfied;
  3. with the approval of the Executive Director, transfer credit for not more than six months of articles performed in another province provided the period of articles in that province was not more than three years prior to the date of registration as an articled clerk on the Register of Articled Clerks;
  4. work as an articled clerk in the office of a practising lawyer other than that of the principal, provided
    1. the other practising lawyer meets the requirements to be a principal
    2. the work period satisfies the requirements of the Articling Agreement and
    3. the work period does not exceed more than one month unless approved by the Executive Director
  5. with the written consent of the principal, or, when it is in the public interest, the consent of the Executive Director assigns the Articling Agreement to another principal provided,
    1. the other principal has applied to and been approved by the Executive Director, and
    2. the assignment is filed in the prescribed form before the assignment takes effect;
  6. with the written consent of the principal, and approval of the Executive Director, take a leave of absence for an appropriate period under the circumstances, during which time the articled clerk remains a member of the Society but is not entitled to act as an articled clerk and that time does not count towards the period of articles required under these regulations;
  7. apply to the Executive Director to terminate the Articling Agreement by providing information required to allow the Executive Director to consider the application and the Executive Director may approve the application on such terms as the Executive Director deems appropriate;
  8. apply to the Executive Director to extend the Articling Agreement beyond the period of articles required under these regulations, provided the total extension does not exceed twelve months from the date of the expiry of the original Articling Agreement;
  9. report to the Executive Director if
    1. a principal fails to comply with the obligations of the principal contained in the Articling Agreement; or
    2. circumstances in the office of the principal are not conducive to providing an educational experience, and
  10. the Executive Director may take such action on the review of the report, as the Executive Director deems appropriate;
  11. apply to the Executive Director to be assigned to another approved principal in the event that their principal ceases to be an approved principal under the Regulations.

Review of Character and Fitness of an Articled Clerk

3.4.3 An articled clerk must report, in writing, to the Executive Director any matter that may bring the character or fitness of the articled clerk into question that occurs before or during the articling period.

3.4.4 On receipt of a report pursuant to subregulation 3.4.3, the Executive Director may, where it is in the public interest to do so, obtain any additional information from the articled clerk or any other person regarding the good character or fitness of the articled clerk.

3.4.5 Where, in the opinion of the Executive Director, there is an issue regarding the good character or fitness of an articled clerk, the articled clerk must be referred to the Credentials Committee.

3.4.6 If an articled clerk is referred to the Committee pursuant to subregulation 3.4.5, the Committee must consider all the information provided by the Executive Director and may:

  1. request that the Executive Director obtain additional information;
  2. find the articled clerk to be of good character or fitness; or
  3. find the articled clerk not to be of good character or fitness.

3.4.7 In the event that the articled clerk is found to not be of good character or fitness, the Committee may

  1. impose conditions or restrictions on the articles of the articled clerk; and
  2. refer the matter to the Executive Director to investigate under Part 9 of these Regulations.

3.4.8 If the Committee makes a decision pursuant to subregulation 3.4.7, the Committee must provide the articled clerk with a written decision with reasons and must inform the articled clerk of their right to appeal to the Credentials Appeal Panel.

3.5 Application to be a Principal

3.5.1 A practising lawyer, a law firm or an office of a law firm which has more than one office in the Province may apply to be a principal.

Eligibility

3.5.2 To be a principal, a practicing lawyer or a law firm must

  1. if the applicant is a practising lawyer, have practised for at least five years immediately preceding becoming a principal,
  2. if the applicant is a law firm or an office of a law firm of at least 2 practising lawyers, designate one practising lawyer of the firm or office who individually qualifies to be a principal, to be the supervising lawyer responsible for the Education Plan and individual Articling Plans and to oversee the educational experience;
  3. not be prohibited from being a principal by a Hearing Panel or as a result of the processes prescribed by Part III of the Act;
  4. not have been convicted of any charges pursuant to Part III within 3 years from the date of the application to be a principal;
  5. not have any outstanding charges pursuant to Part III of the Act;
  6. not be charged with or plead guilty to or be found guilty of any offence under the
    1. Criminal Code (Canada)
    2. Controlled Drug and Substances Act (Canada)
    3. Income Tax Act (Canada)
    4. Securities Act or any province of Canada; Within 3 years from the date of the application to be a principal.
  7. not be participating in the Fitness to Practice program;
  8. not have been suspended pursuant to Part III;
  9. not have any practice restrictions imposed by order of the Complaints Investigation Committee or otherwise under the Act or Regulations;
  10. have an Education Plan that meets the Committee’s prescribed requirements for Education Plans; and
  11. have an Articling Plan that meets the Committee’s prescribed requirements for Articling Plans;
  12. demonstrate a commitment and ability to provide articled clerks with an articling experience in which the educational component is of paramount importance;
  13. demonstrate a commitment and ability to provide supervision and feedback to articled clerks;

Request for exemption

3.5.3 The Executive Director may exempt an applicant from subregulation 3.5.2(a) if it is appropriate to do so.

Content of Application

3.5.4 An application to be a principal must be in a prescribed form and must provide:

  1. the name of the practicing lawyer or law firm;
  2. confirmation the practicing lawyer or law firm is eligible to be a principal;
  3. a proposed or previously approved Education Plan;
  4. a proposed Articling Plan to be used by the principal when entering into a specific Articling Agreement with an articled clerk; and
  5. such other information as may be required by the Executive Director.

Content of Plans

3.5.5 The Committee must, in general terms, prescribe the requirements for Education Plans and Articling Plans.

Application to Executive Director

3.5.6 An application under this Regulation must be made to the Executive Director.

Decision of Executive Director

3.5.7 The Executive Director may, where it is in the public interest to do so:

  1. approve the application to be a principal, or
  2. subject to subregulation 3.5.2.1, deny the application, if the practicing lawyer or law firm does not satisfy the requirements of subregulation 3.5.2(a) to 3.5.2(k).

3.5.8 The decision of the Executive Director under subregulation 3.5.7 is final.

Referral to Committee

3.5.9 The Executive Director must refer the application to the Committee if the practicing lawyer or law firm does not satisfy the requirements of subregulation 3.5.2 (l) or 3.5.2(m)

Detailed Review by Committee of Some Applications

3.5.10 In determining if the practicing lawyer or law firm satisfies the requirements of subregulation 3.5.2 (l) or 3.5.2 (m) the Committee may:

  1. review materials submitted by the practicing lawyer or law firm; and
  2. review other relevant information in the possession of the Society.

Material and Information to Applicant

3.5.11 The Committee must provide a copy of all materials and other information reviewed by the Committee pursuant to subregulation 3.5.10 to the practicing lawyer or law firm.

Opportunity for Submissions

3.5.12 The Committee must not dismiss an application referred pursuant to subregulation 3.5.9 unless, prior to making its final decision, it provides the practicing lawyer or law firm with an opportunity to provide written submissions and any further information.

Dismissal of Application

3.5.13 The Committee may dismiss an application if the practicing lawyer or law firm does not satisfy the requirements of subregulation 3.5.2(i) through (m).

Approval of Application

3.5.14 The Committee may approve an application referred pursuant to subregulation 3.5.9 and may impose such terms on its approval as it deems appropriate.

Written Reasons

3.5.15 The Committee must provide the practicing lawyer or law firm with written reasons.

Decision is Final

3.5.16 The decision of the Committee under subregulation 3.5.13 is final.

Replacement of Responsible Lawyer in Firm

3.5.17 If the supervising lawyer responsible for the Education Plan and individual Articling Plans and to oversee the educational experience for articled clerks in a law firm or office of a law firm ceases to be the supervising lawyer, the law firm or office of the law firm must notify the Executive Director and advise the Executive Director of the name of the new supervising lawyer.

New Application

3.5.18 The Executive Director may require the proposed new supervising lawyer to apply to be a principal or take such other steps as the Executive Director deems appropriate.

3.5.19 If a principal:

  1. has been charged pursuant to Part III of the Act;
  2. has been suspended pursuant to Part III of the Act;
  3. has any practice restrictions imposed by order of the Complaints Investigation Committee or otherwise under the Act or Regulations;
  4. no longer demonstrates a commitment and ability to provide articled clerks with an articling experience in which the educational component is of paramount importance;
  5. no longer demonstrates a commitment and ability to provide supervision and feedback to articled clerks the Executive Director may withdraw the privilege of being a principal, and must take appropriate action with respect to the articled clerk

Referral to Committee

3.5.20 The Executive Director must refer the matter to the Committee if subregulation 3.5.19(d) or 3.5.19(e) apply to a principal.

Review by Committee

3.5.21 In determining if subregulation 3.5.19(c) or 3.5.19(d) apply to a principal, the Committee may:

  1. review materials submitted by the principal; and
  2. review other relevant information in the possession of the Society;

Material and Information to Principal

3.5.22 The Committee must provide a copy of all materials and other information reviewed by the Committee pursuant to subregulation 3.5.21 to the principal.

Opportunity for Submissions

3.5.23 The Committee must not withdraw the privilege to be a principal pursuant to unless, prior to making its final decision, it provides the principal with an opportunity to provide written submissions and any further information.

Withdrawal of Privilege

3.5.24 If the Committee determines that subregulation 3.5.19(c) or 3.5.19(d) apply to a principal, then it must withdraw the privilege to be a principal.

Written Reasons

3.5.25 The Committee must provide the principal with written reasons if the privilege to be a principal is withdrawn.

Decision is Final

3.5.26 The decision of the Committee under subregulation 3.5.23 is final.

Termination by Principal

3.5.27 A principal may apply to the Executive Director to terminate an Articling Agreement by providing information required to allow the Executive Director to consider the application.

Approval on terms

3.5.28 The Executive Director may approve an application under subregulation 3.5.27 on such terms as the Executive Director deems appropriate.

Limitation on Number of Articled Clerks

3.5.29 A principal may only employ one articled clerk, unless an articled clerk has been allowed to extend the Articling Agreement, pursuant to subregulation 3.4.2(h), in which case the Executive Director may allow the principal to employ a second articled clerk.

Limitation on Number of Articled Clerks – Firm

3.5.30 A law firm or office of a law firm, acting as principal, may only employ as many articled clerks as there are practising lawyers in the firm or office of the law firm who would qualify to be principals under this Regulation.

3.6 Society to offer Program

3.6.1 The Society must offer a Bar Admission Program which will consist of the following components:

  1. PREP delivered by CPLED; and
  2. such seminars, workshops, testing or other components as are prescribed by the Committee.

Purpose

3.6.2 The purpose of the Bar Admission Program is to determine that those who successfully complete each required component possess the particular level of competence required of:

  1. an articled clerk being called to the Bar as a lawyer;
  2. a lawyer being called to the Bar in the province on transfer from a foreign jurisdiction;
  3. a member changing category of membership to become a practising lawyer, or
  4. a person resuming membership as a practising lawyer.

Level of Competence

3.6.3 The particular level of competence required of a person to successfully complete the Bar Admission Program will be determined by Council on recommendation of the Committee, and the standard for successful completion of each component of the Program will be set by the Committee.

PREP

3.6.4 The PREP must

  1. teach and assess legal practice skills as are prescribed by and to a standard set by the Committee;
  2. be offered at such times as are set by the Executive Director; and
  3. a member changing category of membership to become a practising lawyer, or
  4. be offered in person or by such other means as are approved by the Executive Director.

Attendance

3.6.5 A principal or supervising lawyer of an articled clerk attending the Bar Admission Program must ensure the articled clerk

  1. is in full-time attendance at all in person components of the Bar Admission Program, unless otherwise permitted by the Executive Director;
  2. does not perform work for the principal or a practising lawyer while attending any in-person portions of the Bar Admission Program;
  3. has sufficient time allocated to complete the online components of the Bar Admission Program.

Failure of Program

3.6.6 A person must pass the Capstone in PREP to complete this component of the Bar Admission Program.

Seminars/Workshops

3.6.7 Seminars and worskshops

  1. may be prescribed to provide more in depth instruction in an area determined to be required by the Committee;
  2. must be offered at such times as are set by the Executive Director; and
  3. must be offered in person or by such other means as are approved by the Executive Director.

Attendance at Seminars/Workshops

3.6.8 A person attending a seminar or workshop must complete any evaluation that is required to the satisfaction of the instructor of the seminar or workshop.

Failure of Seminar/Workshop

3.6.9 A person who fails the required evaluation of a seminar or workshop may

  1. take a supplemental evaluation at a time and place determined by the Executive Director; and
  2. take only one supplemental evaluation unless the Executive Director otherwise permits.

Consequences of Failure

3.6.10 A person who fails the Bar Admission Program may apply to the Executive Director for a determination of the requirements to be met to complete the Bar Admission Program, and the Executive Director may

  1. require the applicant to successfully complete all or a portion of the Bar Admission Program;
  2. extend the applicant’s Articling Agreement for not more than twelve months in order to allow the applicant to complete the Bar Admission Program;
  3. impose such other requirements as the Executive Director deems appropriate; or
  4. deny the application.

Notification to Principal

3.6.11 If a person

  1. fails any component of the Bar Admission Program, or
  2. behaves in a manner during the Bar Admission Program which is inconsistent with the good character expected of a member of the Society the Executive Director may advise the principal and provide such information as to allow the principal to fulfill his or her responsibilities.

Establishment of Subcommittees

3.6.12 The Committee may, with the permission of Council, establish one or more subcommittees to perform any of the functions of the Committee under regulation 3.6.

3.7 Dalhousie Law School

3.7.1 A member of the faculty of Dalhousie Law School may apply to be a practising lawyer.

Eligibility

3.7.2 To be eligible to be a practising lawyer an applicant under this subregulation must

  1. hold a law degree, a graduate law degree from a common law university, or be a member of the Bar of a foreign jurisdiction;
  2. have been a full time member of the faculty for the two years immediately preceding the application;
  3. intend to remain a fulltime member of the faculty for a further year;
  4. intend to remain a fulltime member of the faculty for a further year;
  5. be of good character and a fit and proper person.

Content of Application

3.7.3 An application under this regulation shall be accompanied by the prescribed fee and shall provide

  1. contact information;
  2. proof that the applicant;
    1. holds a law degree,
    2. holds a graduate law degree from a common law university, or
    3. is a member of the Bar of a foreign jurisdiction
  3. confirmation that the applicant has been a fulltime member of the faculty for the two years immediately preceding the application;
  4. confirmation that the applicant intends to remain a full-time member of the faculty for a further year;
  5. if the applicant is or has been a member of the Bar of a foreign jurisdiction, a Certificate of Standing from each law society where the applicant is or has been a member.
  6. the Executive Director with a criminal record check in a manner prescribed by the Executive Director

Approval by the Executive Director

3.7.4 The Executive Director may, where it is in the public interest to do so:

  1. approve the application and fix a date for the applicant to be called to the Bar;
  2. deny the application for reasons other than good character or fitness;
  3. obtain any additional information from the applicant or any other person regarding the good character and fitness of the applicant;
  4. where there is any issue regarding the good character or fitness of an applicant refer the application to the Committee;

3.7.5 In the event that an application is denied pursuant to subregulation 3.7.4(b), the Executive Director shall provide the applicant with a written decision with reasons and shall inform the applicant of the internal review process.

Decision of the Committee

3.7.6 If an application is referred to the Committee pursuant to subregulation 3.7.4(d), the Committee shall consider the application and all the information provided by the Executive Director and may:

  1. request that the Executive Director obtain new information;
  2. approve the application, with or without terms, and stipulate the effective date of enrolment; or
  3. deny the application.

3.7.7 In the event that the approval is with terms or the application is denied, the Committee shall provide the applicant with a written decision with reasons and shall inform the applicant of their right to appeal to the Credentials Appeal Panel.

Termination of Employment at Dalhousie

3.7.8 When a practising lawyer who has been admitted under this regulation ceases to be a full-time member of the faculty of Dalhousie Law School, that person may remain a practising lawyer on compliance with such requirements as the Executive Director may prescribe.

Requirements of Executive Director

3.7.9 In the event that the Executive Director establishes requirements pursuant to subsection 3.7.8 the Executive Director shall provide the applicant with a written decision with reasons and shall inform the applicant of the internal review process.

3.8 Application for Admission

3.8.1 An articled clerk may apply to be admitted as a practising lawyer.

Eligibility

3.8.2 To be eligible to be a practising lawyer under this regulation an applicant must

  1. satisfactorily complete the requirements of the Articling Agreement,
  2. successfully complete the Bar Admission Program,
  3. be of good character,
  4. be a fit and proper person,
  5. be competent,
  6. be lawfully entitled to be employed in Canada,
  7. meet such other requirements as may be imposed on all applicants by Council or the Committee.

Content of Application

3.8.3 An application under this regulation, accompanied by the prescribed fee and in the prescribed form, shall

  1. be filed at least 30 and not more than 45 days before the anticipated date for call to the Bar;
  2. confirm that the applicant has satisfactorily completed the Articling Agreement; or will complete the Articling Agreement prior to the date fixed for call to the Bar;
  3. confirm that the applicant has successfully completed the Bar Admission Program;
  4. provide evidence that the applicant is competent;
  5. provide evidence that the applicant is of good character;>/li>
  6. if applicable, provide evidence that the applicant is lawfully entitled to be employed in Canada, and will at the time of call, be so entitled;
  7. provide such other information that may be required for all applicants by the Committee; and
  8. if required by the Executive Director, provide evidence of fitness.

Additional Information

3.8.4 The Executive Director may obtain additional information or additional proof of information provided in the application.

Process After Approval

3.8.5 Following approval of the application under subregulation 3.8.6, the Executive Director shall

  1. advise the Committee of the name of each applicant who has been approved for admission to the Bar, and
  2. fix a date for the applicant to be called to the Bar.

Authority of the Executive Director

3.8.6 The Executive Director may, where it is in the public interest to do so:

  1. approve the application and fix a date for the applicant to be called to the Bar;
  2. obtain additional information from the applicant, the principal or any other person regarding the applicant’s competence, character or fitness;
  3. with the consent of the applicant and the principal extend the applicant’s Articling Agreement for not more than twelve months in order to allow the applicant a further period to demonstrate competence, fitness or both; or
  4. where, in the opinion of the Executive Director, there are issues about the applicant’s competence, character or fitness, refer the application to the Committee.
  5. deny an application if:
    1. an applicant has not satisfactorily completed the requirements for articling;
    2. has not satisfactorily completed the Bar Admissions Program; or
    3. the applicant is not lawfully entitled to be employed in Canada.

Decision of the Executive Director

3.8.7 In the event that an application is denied pursuant to subsection 3.8.6(e), the Executive Director shall provide the applicant with a written decision with reasons and shall inform the applicant of the internal review process.

Decision of the Committee

3.8.8 If an application is referred to the Committee pursuant to subregulation 3.8.6(d), the Committee shall consider the application and all the information provided by the Executive Director and may:

  1. request that the Executive Director obtain new information;
  2. approve the application, with or without terms, and stipulate the effective date of enrolment; or
  3. deny the application.

3.8.9 In the event that the approval is with terms or the application is denied, the Committee shall provide the applicant with a written decision with reasons and shall inform the applicant of their right to appeal to the Credentials Appeal Panel.

Status Prior to Call

3.8.10 When the Executive Director has approved an application and fixed a date for call to the Bar, if the Executive Director has not extended the applicant’s Articling Agreement pursuant to subregulation 3.4.2(h), during the period between completion of the Articling Agreement and call to the Bar, the applicant remains a member of the Society but is not entitled to act as an articled clerk.

3.9 Call to the Bar

3.9.1 The ceremony for the call to the Bar must be held in Halifax, or at such other place at times determined by the Executive Director.

Executive Director to Present Documents

3.9.2 Five days prior to a scheduled date for a call to the Bar ceremony the Executive Director shall file with the Prothonotary

  1. a sworn affidavit attesting to the fact that each person being called to the Bar has satisfied all of the requirements of the Society entitling the person to be a practising lawyer,
  2. a form of order of the Court admitting each person as a practising lawyer,
  3. a brief biography of each person being called to the Bar, and
  4. the prescribed fees.

Day of Call

3.9.3 Every person being called to the Bar must appear in person, unless excused from such personal appearance by the Committee, and be presented to Court by a member of Council.

Dress

3.9.4 Unless otherwise permitted by the Executive Director, every person being called to the Bar shall appear wearing traditional legal attire, namely a waistcoat, a robe, a wing collar shirt, tabs and black or dark gray trousers or skirt and black shoes.

Oath or affirmation on Admission

3.9.5 Every person being called to the Bar shall swear or affirm the following Oath or Affirmation on Admission to the Bar:

“I, [name], swear/affirm that as a lawyer, I shall, to the best of my knowledge and ability, conduct all matters and proceedings faithfully, honestly and with integrity. I shall support the Rule of Law and uphold and seek to improve the administration of justice. I shall abide by the ethical standards and rules governing the practice of law in Nova Scotia.”

Oath or Affirmation of Allegiance

3.9.6 A person being called to the Bar may swear or affirm the following Oath or Affirmation of Allegiance:

“I, [name], swear/affirm that as a lawyer, I shall, bear true allegiance to Her Majesty, Queen Elizabeth the Second, her heirs and successors according to law.”

3.9.7 The Oaths or Affirmations referred to in subregulations 3.9.5 and 3.9.6 must be spoken in either English or French and may be spoken in the applicant’s mother tongue.

Admission in Halifax

3.9.8 Immediately after the ceremony a person who has been called to the Bar in Halifax must sign the Roll of Lawyers.

Admission outside Halifax

3.9.9 A person who is called to the Bar outside of Halifax must sign the Roll of Lawyers before commencing the practice of law.

3.9.9.1 Any person who is excused from appearing in person pursuant to subregulation 3.9.3 must provide an Affidavit of Proof of Signature in the prescribed form to the Executive Director before commencing the practice of law.

Obligation of Executive Director

3.9.10 When a lawyer has signed the Roll of Lawyers or provided an Affidavit of Proof of Signature, the Executive Director must

  1. amend the records of the Society to reflect the category of membership and the effective date;
  2. issue a practising certificate to the lawyer;
  3. if applicable, affix the lawyer’s signature to the Roll of Lawyers.

3.10 Internal Review by Review Subcommittee

Selection of a Review Subcommittee

3.10.1 The Committee shall, at its first meeting following the Annual Meeting of the Society, establish a Review Subcommittee composed of no less than 3 and no more than 5 members of the Committee.

3.10.2 If the need arises, the Committee may appoint additional members of the Review Subcommittee when appropriate.

3.10.3 The Committee shall appoint one member of the Review Subcommittee to act as Chair.

3.10.4 An internal review shall be conducted by the Review Subcommittee.

Internal Review

3.10.5 Any decision of the Executive Director pursuant to subregulations 3.3.3, 3.6.12, 3.6.19, 3.6.20, 3.7.5, 3.7.9, 3.8.7, 5.4.5, 5.6.4, 5.10.5, 6.5.6 may be internally reviewed.

Time Limit for Internal Review Request

3.10.6 A request for an internal review must be made within 30 days from the day the decision of the Executive Director was sent to the applicant.

Request for Internal Review in Writing

3.10.7 A request for internal review must be made in writing to the Executive Director.

Responsibility of the Executive Director upon receipt of a request for an Internal Review

3.10.8 The Executive Director shall refer a request for internal review to the Chair of the Review Subcommittee Committee.

Disclosure

3.10.9 Within 30 days of the receipt of a request for internal review the Executive Director shall provide the Review Subcommittee and the applicant with:

  1. a copy of the written decision under review;
  2. a copy of all records related to the application in the possession of the Society, subject to any lawful restrictions; and
  3. such written information as the Executive Director deems necessary.

New Information and Submissions of the Applicant

3.10.10 An applicant may provide new information and make written submissions to the Review Subcommittee within 15 days from the day the written information and disclosure of the Executive Director was sent to the applicant.

3.10.11 Any new information and written submissions shall be copied to the Executive Director by the applicant.

3.10.12 Upon a request by an applicant, the Review Subcommittee may extend the timeline for the filing of new information and submissions.

No Requirement for Oral Hearing or Meeting

3.10.13 The Review Subcommittee may decide any matter without holding an oral hearing or meeting with the applicant.

Review of all Material and Submissions

3.10.14 The Review Subcommittee shall review all material provided to it and any submissions.

Decision Making Power of Review Subcommittee

3.10.15 The Review Subcommittee may make any decision that the Executive Director could have made with respect to an application.

Written Decision

3.10.16 The Review Subcommittee shall make its decision within a reasonable time and shall render a written decision with reasons within 30 days following the meeting when its decision is made.

Internal Review Subcommittee Decision Final

3.10. 17 The decision of the Internal Review Subcommittee is final but the Subcommittee may, if it considers it advisable to do so and based on new information, reconsider any decision made by it pursuant to this regulation and may vary or revoke any decision made by it.

3.11 Credentials Appeal Panel

3.11.1 An appeal from a decision of the Committee made pursuant to subregulations 3.3.5, 3.7.7, 3.8.9, 5.6.7, 5.10.10, 6.2.9 shall be conducted by a panel of three persons, who are members of the Hearing Committee constituted under Section 41 of the Legal Profession Act, which shall be referred to as a Credentials Appeal Panel.

Selection of a Credentials Appeal Panel

3.11.2 In the event of an appeal to a Credentials Appeal Panel the Chair of the Hearing Committee shall:

  1. appoint a chair of a Credentials Appeal Panel,
  2. empanel members of the Hearing Committee to sit as a Credentials Appeal Panel, and
  3. ensure, when it is practical to do so, that at least one member of the Credentials Appeal Panel is a person who is not a member of the Society.

Time Limit for Appeal

3.11.3 A request for an appeal of a decision of the Committee pursuant to subregulations 3.3.5, 3.7.7, 3.8.9, 5.6.7, 5.10.10, 6.2.9 must be made within 30 days from the day that the decision of the Committee was sent to the applicant.

Request for Appeal in Writing

3.11.4 An appeal must be made in writing to the Executive Director.

Responsibility of the Executive Director upon receipt of a request for an Appeal

3.11.5 The Executive Director shall refer an appeal to the Chair of the Hearing Committee.

Disclosure

3.11.6 The Executive Director shall, within a reasonable time, provide the Credentials Appeal Panel and the applicant with a copy of all records related to the application in the possession of the Society, subject to any lawful restrictions, and a copy of the written decision.

Security for the Costs of an Appeal

3.11.7 On application by the Society, the Credentials Appeal Panel may determine that it is appropriate for the applicant to deposit with the Society security for the appeal and shall fix the amount and form of such security.

Powers of the Credentials Appeal Panel

3.11.8 A Credentials Appeal Panel may determine its own procedure and may

  1. order pre-hearing procedures, including pre-hearing conferences that are held in private, and direct the times, dates and places of the hearing for those procedures;
  2. order that a hearing, parts of a hearing or pre-hearing conference be conducted using a means of telecommunication that permits the parties and the panel to communicate simultaneously;
  3. administer oaths and solemn affirmations;
  4. receive and accept such evidence and information on oath, affidavit or otherwise as the appeal panel in its discretion sees fit, whether admissible in a court of law or not;
  5. prescribe the disclosure obligations of the parties prior to a hearing;
  6. adjourn or postpone a proceeding from time to time;
  7. amend or permit the amendment of any document filed in connection with the proceeding, including a notice of hearing;
  8. approve or reject a settlement.

Time and Place of Hearing

3.11.9 The Credentials Appeal Panel shall hold a hearing and shall fix a reasonable time and place for the hearing.

Notice of Hearing to the Applicant

3.11.10 After the time and place for the hearing have been set, the Executive Director shall cause written notice of the hearing to be given to the applicant, at least fourteen days prior to its commencement.

Notice of Hearing

3.11.11 After the notice of hearing has been given to the applicant, the Executive Director shall cause notice of the hearing to be given to the public by publishing a notice on the Society’s website within seven days that

  1. specifies the date(s), time and location for the hearing; and
  2. outlines the nature of the appeal; but such notice shall not disclose the name or other identifying information of the applicant.

Notice of Hearing to Others

3.11.12 The Executive Director shall give notice of the hearing to such others, if any, as the Chair of the Credentials Appeal Panel directs.

Conduct of Appeal Hearings

3.11.13 In a hearing before a Credentials Appeal Panel, the parties to the hearing are the Society and the applicant.

3.11.14 In a proceeding before a Credentials Appeal Panel, the parties have the right to

  1. representation by legal counsel;
  2. the opportunity to present evidence and make submissions, including the right to cross-examine witnesses;
  3. disclosure of relevant information and documents as prescribed in the regulations; and 3.11.15 In a hearing before a Credentials Appeal Panel, an applicant is a compellable witness.

Public attendance at hearing

3.11.16 Subject to subregulation 3.11.17, a hearing before a Credentials Appeal Panel shall be open to the public.

3.11.17 A Credentials Appeal Panel may order that the public, in whole or in part, be excluded from a hearing or any part of it if the Credentials Appeal Panel is satisfied that

  1. matters involving solicitor-client privilege that have not otherwise been waived may be disclosed;
  2. financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings may be open to the public; or
  3. the safety of a person may be jeopardized.

3.11.18 A Credentials Appeal Panel may make orders it considers necessary to prevent the public disclosure of matters disclosed at a hearing, including orders prohibiting publication or broadcasting of those matters.

3.11.19 No order shall be made pursuant to subregulation 3.11.18 that prevents the publication of anything that is otherwise available to the public.

3.11.20 A Credentials Appeal Panel may make an order that the public be excluded from the part of the hearing dealing with a motion for an order pursuant to subregulation 3.11.17.

3.11.21 A Credentials Appeal Panel may make any order necessary to prevent the public disclosure of matters disclosed in a submission relating to any motion described in subregulation 3.11.20 including an order prohibiting the publication or broadcasting of those matters.

3.11.22 Subject to any orders pursuant to this regulation, a Credentials Appeal Panel shall state, at the hearing, its reasons for an order made pursuant to this regulation.

3.11.23 Where a Credentials Appeal Panel makes an order pursuant to subregulation 3.11.17, wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the Credentials Appeal Panel

  1. shall allow the parties and their legal and personal representatives to attend the hearing; and
  2. may allow such other persons as the panel considers appropriate to attend all or part of the hearing.

3.11.24 Notwithstanding anything contained in this regulation, public attendance at a hearing without restriction does not constitute authorization to take photographs, record sound, videotape or otherwise mechanically or electronically record the proceedings, and no such recording is permitted, unless specifically authorized by the Credentials Appeal Panel.

Evidence

3.11.25 The following evidence is not admissible at a hearing unless the opposing party has been given, at least ten (10) days before the hearing,

  1. in the case of written or documentary evidence, an opportunity to examine the evidence;
  2. in the case of evidence of an expert, a copy of the expert’s written report or if there is no written report, a written summary of the evidence and the qualifications of the expert; or
  3. in the case of evidence of a witness, the identity of the witness.

Power to Allow Evidence

3.11.26 Notwithstanding subregulation 3.11.25, the Credentials Appeal Panel may, in its discretion, allow the introduction of evidence that would be otherwise inadmissible and may make directions it considers necessary to ensure that a party is not prejudiced.

Failure of Applicant to Attend

3.11.27 If an applicant fails to attend a hearing, the Credentials Appeal Panel may proceed with the hearing in any event.

Conclusion of Hearing

3.11.28 At the conclusion of the hearing, the Credentials Appeal Panel shall make its decision within a reasonable time and render a written decision with reasons within 60 days of making its decision.

3.11.29 The Credentials Appeal Panel may:

  1. make any decision the Committee could have made with respect to the application; and
  2. assess costs, if any, to be paid by the applicant and how the security and deposit provided pursuant to subregulations 3.11.7 shall be credited towards the cost or refunded to the applicant as the case may be.

Decision is Final

3.11.30 The decision of the Credentials Appeal Panel is final but the Credentials Appeal Panel may, if it considers it advisable to do so and based on new information, reconsider any decision made by it pursuant to this regulation and may vary or revoke any decision made by it.