Legal Profession Act

(1) A body corporate called the Law Society of the Northwest Territories is established.

(2) The registered office of the Society shall be the place within the Northwest Territories designated by the Executive.

(3) The Society shall, by resolution, adopt a seal and shall make rules providing for the custody and use of the seal. SNWT 2010,c.16,Sch.A,s.25(2).

(1) There shall be an Executive that shall manage and conduct the affairs of the Society.

(2) The Executive shall be composed of

RSNWT 1988,c.40(Supp.),s.3; SNWT 2008,c.17, s.3; SNWT 2010,c.16,Sch.A,s.25(2).

(1) Every active member is eligible for nomination and election to the Executive.

(2) Every retiring member of the Executive is eligible for nomination and re-election to the Executive.

(1) The members of the Executive shall choose from among themselves the officers of the Society, namely, the President, the Vice-President, the Secretary and the Treasurer, and the offices of the Secretary and Treasurer may be held by the same person.

(2) The Executive may appoint a Deputy Secretary or a Deputy Secretary-Treasurer who, unless otherwise provided in the rules, may exercise the powers and shall perform the functions and duties of the Secretary and Treasurer.

(1) The Executive shall make rules for the regulation of the Society, the management and conduct of its business affairs and for the exercise of the powers conferred or the performance of the duties imposed on the Society or the Executive by or under this Act and, without restricting the generality of these powers to make rules, may make rules

(2) Subject to subsection (5), a rule shall have effect only until the end of the next annual meeting of the Society unless before that time the rule is confirmed by resolution of the Society.

(3) No rule respecting the qualifications that must be satisfied by a person in order to become a member shall have effect until it is confirmed by resolution of the Society.

(4) The Society at an annual or other meeting called for the purpose may make, amend, add to or alter any rule.

(5) If a resolution to confirm a rule is defeated by the Society, the rule ceases to have effect immediately.

(6) Notice of a rule to be submitted to a meeting of the Society for confirmation or adoption must be given in accordance with subsection 10(2). RSNWT 1988,c.40(Supp.),s.5; SNWT 1995, c.7,s.3; SNWT 1995,c.11,s.28.; SNWT 1998,c.21, s.11(2); SNWT 2004,c.10,s.2; SNWT 2008,c.17, s.4; SNWT 2010,c.16,Sch.A,s.25(2); SNWT 2013, c.23,s.10(2).

(7) Repealed, SNWT 1995,c.11,s.28.

(1) The Society shall by resolution appoint an auditor for the Society at every annual general meeting.

(2) Where the auditor is absent or for any reason is unable to act, the President may appoint any person as acting auditor and that person while acting may exercise powers and shall perform the duties of the auditor.

(1) The Society shall hold an annual general meeting of the members of the Society once a year at the place and time that the Executive determines.

(2) At least 10 days before an annual general meeting the Secretary shall send each member a notice of the meeting and of any rule that is to be submitted to the meeting for confirmation or adoption.

(3) At each annual general meeting the President shall present a report of the proceedings of the Executive and the proceedings of the Discipline Committee since the last annual general meeting. SNWT 2004,c.10,s.3.

(1) A special meeting of the Society shall be called by the Secretary

(2) At least 10 days before a special meeting the Secretary shall send each member of the Society a notice of the meeting. SNWT 2004,c.10,s.4.

SNWT 2013,c.23,s.10(2).

(1) The Secretary shall keep and maintain a record called the "Roll of The Law Society of the Northwest Territories" in accordance with the rules.

(2) The Secretary shall keep and maintain a record pertaining to persons admitted to the Society as members and as students-at-law.

(3) The Roll and the record pertaining to members and students-at-law shall be open for inspection by any person on reasonable notice to the Secretary. RSNWT 1988,c.40(Supp.),s.6.

(1) No member may resign from the Society unless his or her resignation is submitted to and accepted by the Executive.

(2) Where a resignation under subsection (1) is accepted, the name of the member shall be struck from the Roll.

(3) Where a member of the Society becomes a judge of the Supreme Court of Canada, the Federal Court of Canada, a superior or territorial court of the Northwest Territories or another territory, or a superior, district, county or provincial court in any province, the name of the member shall be struck from the Roll. RSNWT 1988,c.40(Supp.),s.7; SNWT 2004, c.10,s.5.

(1) The Executive shall evaluate the academic qualifications of every applicant for admission as a member of the Society and may, in its discretion, administer a special examination to any applicant.

(2) Notwithstanding anything in this Part, the Executive, where it considers that special circumstances so warrant with respect to any person, may waive or vary the requirements set out in subparagraph 18(1)(c)(i).

(1) An applicant for admission to the Society as a student-at-law shall obtain from the Secretary a certificate as to the compliance by the applicant with the rules respecting the admission of students-at-law.

(2) The Executive may, subject to terms and conditions that it considers proper, permit an applicant for admission as a student-at-law to serve a part of his or her period under articles with a judge of the Supreme Court or Territorial Court. RSNWT 1988, c.40(Supp.),s.8.

(1) The following persons are qualified for admission to the Society:

(2) Except as provided in subsection 17(2), the articles of a student-at-law referred to in subparagraph (1)(c)(i) shall be with a barrister and solicitor residing in the Northwest Territories

(3) Every person who

is entitled to be admitted as a member of the Society.

(4) Notwithstanding anything in this Act, a person who is Attorney General of the Northwest Territories, if he or she is a barrister and solicitor, is entitled to be enrolled as a member of the Society without complying with this Act or any of the rules of the Society with respect to admission, examinations, payment of fees or otherwise, and on enrolment is entitled to practise at the Bar of Her Majesty’s courts in the Northwest Territories. SNWT 2004,c.10,s.6; SNWT 2010, c.16,Sch.A,s.25(2); SNWT 2013, c.23,s.10(2).

(1) When a person has been approved by the Executive as a member of the Society and the admission fee fixed by the rules has been paid, the Secretary shall issue to that person a certificate to that effect.

(2) Subject to subsection (4), every person to whom a certificate is issued under subsection (1) shall, before engaging in the practice of law in the Northwest Territories, attend before a judge of the Supreme Court, in person or by an audio-visual method, and take and sign before that judge the following oath or affirmation, or an oath in the manner and form and with the ceremonies that the person declares to be binding on his or her conscience:

I, ................, do sincerely promise and swear (or affirm) that I will be faithful and bear true allegiance to His Majesty Charles the Third (or the reigning Sovereign for the time being); that I will, as a barrister and solicitor, conduct all causes and matters faithfully and to the best of my ability; that I will not pervert the law to favour or prejudice any person but will in all things conduct myself truly and with integrity; and that I will uphold and maintain His (or Her) Majesty’s interests and those of my fellow citizens according to the laws in force in the Northwest Territories. So help me God. (omit last sentence in an affirmation)

(3) When the applicant for admission has taken and signed the oath or affirmation referred to in subsection (2), and the Clerk or Deputy Clerk of the Supreme Court has received the signed oath or affirmation, the Clerk or Deputy Clerk shall issue a certificate to that effect and send it without delay to the Secretary who shall enroll the applicant as a member of the Society.

(4) Where an applicant for admission has been granted a restricted appearance certificate under the rules, the Secretary shall enroll the applicant as a member of the Society if the applicant has

RSNWT 1988, c.40(Supp.),s.9; SNWT 2004, c.10,s.7; SNWT 2010,c.16,Sch.A,s.25(2),(5); SNWT 2014, c.31, s.10(2); SNWT 2020,c.12,s.2; SNWT 2024,c.9, s.13(3).

(1) The Executive shall establish a committee called the Discipline Committee composed of not less than nine persons the majority of whom shall be active members resident in the Northwest Territories, and shall, in accordance with the rules,

(1.1) Members of the Executive are not eligible for appointment to the Discipline Committee.

(2) The Executive may, in writing, designate a vice-chairperson of the Discipline Committee to act in the place of the chairperson or to perform specified functions and duties of the chairperson where

(3) The chairperson of the Discipline Committee may, in writing, designate a vice-chairperson of the Discipline Committee to act in the place of the chairperson or to perform specified functions and duties of the chairperson where

RSNWT 1988,c.40(Supp.),s.10; SNWT 1995,c.7, s.5; SNWT 2004, c.10, s.8; SNWT 2008, c.17, s.6(2),(3); SNWT 2010, c.16, Sch.A,s.25(2).

(1) Any person may make a complaint to the Society in respect of the conduct of a member or student-at-law.

(2) The chairperson of the Discipline Committee may dismiss a complaint if he or she is satisfied that the alleged conduct, if proved, would not constitute unprofessional conduct.

(3) The chairperson may, in accordance with the rules, refer a complaint or other matter that comes to his or her attention in respect of the conduct of a member or student-at-law to a mediated resolution process, if he or she is satisfied that

(4) The chairperson shall investigate, or shall designate a member of the Committee who is a member of the Society to investigate,

RSNWT 1988, c.40(Supp.),s.10; SNWT 1995, c.7,s.6; SNWT 2008,c.17,s.7.

(1) A respondent shall, on receiving notice of an investigation, produce for the inspection of the investigator all materials in the possession or under the control of the respondent that are relevant to the investigation.

(2) An investigator may require a member, student-at-law or complainant to answer questions or to produce for the inspection of the investigator any materials not produced under subsection (1) that the investigator considers relevant to the investigation, and the member, student-at-law or complainant shall answer the questions or produce the materials.

(3) If a member, student-at-law or complainant fails to comply with the requirements of subsection (2), the investigator, on notice to the person, may apply to the Supreme Court for an order compelling the person to answer the questions or produce the materials.

(4) If a member, student-at-law or complainant objects to the production of materials on the ground that they are not relevant to the investigation, the judge may review or inspect the materials to determine the issue.

(5) On application under subsection (3), a judge may order a member, student-at-law or complainant to answer questions or produce materials for inspection if the judge is satisfied that the questions or materials are relevant to the investigation.

(6) A judge may make an order under subsection (5) on the terms and conditions, including costs, that he or she considers appropriate. SNWT 1995,c.7, s.6; SNWT 2008,c.17,s.7.

(1) If an investigator has reason to believe that materials relevant to an investigation are in the possession or under the control of a person other than a member, student-at-law or complainant, the investigator may request the person to produce them for inspection.

(2) If a person fails or refuses to produce any materials requested under subsection (1), the investigator, on notice to that person, the respondent and the complainant, may apply to the Supreme Court for an order compelling the person to produce the materials.

(3) If a person objects to the production of materials on the ground that they are not relevant to the investigation, the judge may review or inspect the materials to determine the issue.

(4) On application under subsection (2), a judge may order a person to produce materials for the inspection of an investigator if the judge is satisfied that they are relevant to the investigation.

(5) If an investigator has reason to believe that a person other than a member, student-at-law or complainant has information relevant to the investigation, the investigator may request the person to answer questions in respect of the matter under investigation.

(6) If a person fails or refuses to answer any questions referred to in subsection (5), the investigator, on notice to the person who fails or refuses to answer the questions, the respondent and the complainant, may apply to the Supreme Court for an order compelling the person to answer the questions.

(7) On application under subsection (6), a judge may order a person to answer questions in respect of a matter under investigation if the judge is satisfied that

(8) A judge may make an order under subsection (4) or (7) on the terms and conditions, including costs, that he or she considers appropriate. SNWT 1995, c.7,s.6; SNWT 2008,c.17,s.7.

(1) A person who produces materials for inspection under section 24.1 or 24.2 shall, subject to any direction of a judge in an order made under subsection 24.1(6) or 24.2(8),

(2) An investigator shall return materials provided under paragraph (1)(a) within a reasonable period of time. SNWT 2008,c.17,s.7.

(1) After an investigation into the conduct of a member, an investigator shall prepare an investigation report and provide it to the chairperson of the Discipline Committee.

(2) If, on review of the report, the chairperson is of the opinion that there was no unprofessional conduct and that there was no other conduct contrary to the interests of the public or profession that may call for advice and direction, no further action shall be taken.

(3) If, on review of the report, the chairperson is of the opinion that there was no unprofessional conduct, but he or she is of the further opinion that there may have been conduct that was contrary to the interests of the public or profession that calls for advice and direction, the chairperson shall

(4) If, on review of the report, the chairperson is of the opinion that the conduct under investigation may be unprofessional conduct, and he or she is of the further opinion that referral to a mediated resolution process would be appropriate in the circumstances, the chairperson may refer the matter to a mediated resolution process.

(5) Subject to a referral under subsection (4), the chairperson shall designate a member of the Discipline Committee as a Sole Inquirer to conduct an inquiry, if the chairperson is of the opinion that

(6) The chairperson shall establish a Committee of Inquiry if he or she is of the opinion that

SNWT 2008,c.17,s.7.

(1) After an investigation into the conduct of a student-at-law, an investigator shall prepare an investigation report and provide it to the chairperson of the Discipline Committee.

(2) If, on review of the report, the chairperson is of the opinion that there was no unprofessional conduct and that there was no other conduct contrary to the interests of the public or profession that may call for advice and direction, no further action shall be taken.

(3) If, on review of the report, the chairperson is of the opinion that there was no unprofessional conduct, but he or she is of the further opinion that there may have been conduct that was contrary to the interests of the public or profession that calls for advice and direction, the chairperson shall

(4) If, on review of the report, the chairperson is of the opinion that the conduct under investigation may be unprofessional conduct, and he or she is of the further opinion that referral to a mediated resolution process would be appropriate in the circumstances, the chairperson may refer the matter to a mediated resolution process.

(5) Subject to a referral under subsection (4), the chairperson shall designate a member of the Discipline Committee as a Sole Inquirer to conduct an inquiry, if the chairperson is of the opinion that

(6) The chairperson shall establish a Committee of Inquiry if he or she is of the opinion that

(1) The chairperson of the Discipline Committee may consult with a vice-chairperson of the Committee before making a direction, referral or designation, or establishing a Committee of Inquiry.

(2) A vice-chairperson with whom the chairperson consults under subsection (1) may not be designated or appointed to review, mediate or inquire into the matter further.

(3) A Committee of Inquiry established under subsection 24.4(6), 24.5(6) or 24.8(4) must be composed of

(4) The chairperson shall notify the Executive, the respondent, the complainant and any other person the chairperson determines to have a legitimate interest in the matter, of a direction, referral or designation, or of the establishment of a Committee of Inquiry.

(5) Notwithstanding subsection (3), a Committee of Inquiry that is reduced by one person after the commencement of an inquiry, whether that person is a member of the Society or a layperson, may continue with the inquiry. SNWT 2008,c.17,s.7.

(1) If, before a Sole Inquirer or Committee of Inquiry commences an inquiry into the conduct of a respondent, the chairperson of the Discipline Committee is of the opinion that the continuance of the proceedings or a particular allegation is no longer warranted, the chairperson may withdraw the matter or allegation and no further action shall be taken.

(2) The chairperson shall notify the Executive, the respondent, the complainant and any other person the chairperson determines to have a legitimate interest in the matter, of a withdrawal or discontinuance under this section and of the reasons for the withdrawal or discontinuance. SNWT 2008,c.17,s.7.

(1) A Sole Inquirer may discontinue an inquiry in respect of the conduct of a member at any stage of the proceedings prior to the making of a finding in respect of the conduct, if the Sole Inquirer is of the opinion that

(2) A Sole Inquirer may discontinue an inquiry in respect of the conduct of a student-at-law at any stage of the proceedings prior to the making of a finding in respect of the conduct, if the Sole Inquirer is of the opinion that

(3) If a Sole Inquirer discontinues an inquiry into a matter under this section, he or she shall, without delay, submit to the chairperson of the Discipline Committee a report of the decision to discontinue and the reasons for the decision.

(4) On receiving a report of discontinuance of an inquiry into a matter by a Sole Inquirer, the chairperson shall establish a Committee of Inquiry to conduct an inquiry into that matter.

(5) The chairperson of the Discipline Committee shall notify the Executive, the respondent, the complainant and any other person the chairperson determines to have a legitimate interest in the matter, of

SNWT 2008,c.17,s.7.

(1) A Sole Inquirer or a Committee of Inquiry shall conduct an inquiry in accordance with the rules of natural justice.

(2) Subject to subsection (1), a Sole Inquirer or Committee of Inquiry conducting an inquiry is not bound by the laws of evidence applicable to judicial proceedings.

(3) A Sole Inquirer or Committee of Inquiry has the power to

(4) A Sole Inquirer or Committee of Inquiry has the same power as is vested in a court of record in civil matters

(5) A Sole Inquirer, Committee of Inquiry or respondent may apply to the Supreme Court for an order requiring a person other than the respondent or complainant to attend an inquiry as a witness to give evidence on oath or affirmation, or to produce materials.

(6) On application under subsection (5), a judge of the Supreme Court may order a person to attend an inquiry as a witness to give evidence on oath or affirmation or to produce materials if the judge is satisfied that the attendance is reasonably required for the purposes of a full and proper inquiry. RSNWT 1988,c.40(Supp.),s.10; SNWT 1995,c.7, s.6; SNWT 2008,c.17.s.8.

(1) It is the duty of a respondent to appear at an inquiry, but in the event of his or her non-attendance, the Sole Inquirer or the Committee of Inquiry may, on receiving proof of service of notice to the respondent, proceed with the inquiry in his or her absence and may, without further notice to the respondent, make a report of the findings of the inquiry or take such other action as is authorized under this Act.

(2) A witness may be examined on oath or affirmation on all matters relevant to the inquiry, and shall not be excused from answering any question on the ground that the answer might

but the answer so given shall not be used or received against the witness in any civil proceedings or in any proceeding under any other Act.

(3) A member or student-at-law may not in any proceedings under this Part refuse to give evidence or produce any materials on the ground of solicitor and client privilege.

(4) For the purpose of obtaining the testimony of a witness who is out of the Northwest Territories, a judge of the Supreme Court on an application ex parte by the Sole Inquirer, Committee of Inquiry or respondent, may direct the issuing of a commission for the obtaining of the evidence of the witness under the Rules of the Supreme Court in that behalf. RSNWT 1988, c.40(Supp.),s.11; SNWT 1995, c.7,s.10; SNWT 2008,c.17,s.10; SNWT 2010, c.16,Sch.A,s.25(2); SNWT 2014,c.31,s.10(3).

(1) Where a member is found by a Sole Inquirer to be guilty of unprofessional conduct, the Sole Inquirer shall reprimand the member.

(2) In addition to reprimanding a member, the Sole Inquirer may

SNWT 1995, c.7, s.11; SNWT 2008,c.17,s.11.

(1) Where a member is found by a Committee of Inquiry to be guilty of unprofessional conduct, the Committee of Inquiry shall

(2) In addition to reprimanding or ordering the suspension of a member, the Committee of Inquiry may

(3) In addition to reprimanding or ordering the suspension of a member, or ordering that the name of a member be struck from the Roll, the Committee of Inquiry may

SNWT 1995, c.7,s.12; SNWT 2008,c.17,s.12.

(1) Where a student-at-law is found by a Sole Inquirer to be guilty of unprofessional conduct, the Sole Inquirer shall reprimand the student-at-law.

(2) In addition to reprimanding a student-at-law, the Sole Inquirer may

SNWT 1995,c.7,s.13; SNWT 2008,c.17,s.13.

(1) Where a student-at-law is found by a Committee of Inquiry to be guilty of unprofessional conduct, the Committee shall

(2) In addition to reprimanding or ordering the suspension of articles of a student-at-law, the Committee of Inquiry may

(3) In addition to reprimanding or ordering the suspension or termination of articles of a student-at-law, the Committee of Inquiry may

RSNWT1988,c.40(Supp.),s.12; SNWT 1995,c.7, s.14; SNWT 2008,c.17,s.14.

(1) A Sole Inquirer or a Committee of Inquiry shall, after completing an inquiry, without delay submit to the Executive and to the chairperson of the Discipline Committee a full report of the facts and its findings together with a report of the action taken as a result of its findings.

(2) On receipt of a report under subsection (1), the chairperson of the Discipline Committee shall notify the respondent, the complainant and any other person the chairperson determines to have a legitimate interest in the report of the findings of the Sole Inquirer or the Committee of Inquiry and the action taken by the Sole Inquirer or the Committee of Inquiry as a result of those findings. RSNWT 1988, c.40(Supp.),s.14; SNWT 1995,c.7,s.16; SNWT 2008, c.17,s.15.

(3) Repealed, SNWT 1995,c.7,s.16.

(1) A respondent who is found by a Sole Inquirer or Committee of Inquiry to be not guilty of unprofessional conduct may apply to the Executive for an order that the Society pay some or all of his or her costs of the inquiry.

(2) On application under subsection (1), the Executive may, in its discretion, award the respondent some or all of his or her costs of an inquiry. SNWT 2008,c.17,s.16.

(1) In this section,

"bijurisdictional member" means a member or student-at-law who is also a member of an extraterritorial law society, or who ceased to be a member of an extraterritorial law society by reason of an order referred to in paragraph (5)(a); (membre aussi membre d’un autre barreau) "extraterritorial disciplinary body" means the governing body of an extraterritorial law society or a person or group of persons having powers to impose disciplinary sanctions on the members of an extraterritorial law society by way of suspension or termination of membership in that law society; (organe disciplinaire extraterritorial)

"extraterritorial law society" means a law society or other body in a jurisdiction other than the Northwest Territories in which membership is, under the laws of that jurisdiction, required for the practice of law. (barreau extraterritorial)

(2) A reference in this section to the suspension or termination of the membership of a bijurisdictional member in the Society, includes respectively the suspension of the articles of a student-at-law and the termination of the articles of a student-at-law.

(3) Notwithstanding any other provision of this Act, the chairperson of the Discipline Committee may suspend a bijurisdictional member’s membership in the Society if an extraterritorial disciplinary body suspends the bijurisdictional member’s membership pending an investigation or the outcome of disciplinary proceedings in that jurisdiction.

(4) A suspension by the chairperson under subsection (3) must be for a period co-extensive with the period of suspension ordered by the extraterritorial disciplinary body.

(5) Notwithstanding any other provision of this Act, the chairperson may make an order against a bijurisdictional member if

(6) An order made by the chairperson under subsection (5) must be either

(7) The chairperson shall not make an order under subsection (5) until the bijurisdictional member has been given

SNWT 1995,c.7,s.16; SNWT 2008,c.17,s.17.

(1) A member or student-at-law whose conduct was inquired into, or the Executive, may appeal to the Court of Appeal on a question of law from any finding or action taken by a Sole Inquirer or a Committee of Inquiry by filing notice of appeal with the Registrar of the Court of Appeal and serving notice on the Secretary or the member or student-at-law within 30 days after the Sole Inquirer or Committee of Inquiry reports the findings of the inquiry or within such further time as the Court of Appeal may allow.

(2) The procedure in an appeal shall, with such modifications as the circumstances require, be the same as that provided in the rules of the Court of Appeal respecting civil matters. RSNWT 1988, c.40(Supp.),s.15; SNWT 1995,c.11,s.28; SNWT 1995, c.7,s.17.

(1) A member who is sentenced to a term of imprisonment is automatically suspended during the time that the member is imprisoned or is serving a conditional or intermittent sentence of imprisonment and during any period of parole, regardless of

(2) The articles of a student-at-law who is sentenced to a term of imprisonment are automatically suspended during the time that the student-at-law is imprisoned or is serving a conditional or intermittent sentence of imprisonment and during any period of parole, regardless of

SNWT 2008,c.17,s.18.

(1) The Society may maintain a fund called the Assurance Fund, for the reimbursement, in whole or in part at the discretion of the Executive, of persons sustaining pecuniary loss by reason of the misappropriation or wrongful conversion by a member of money or other property entrusted to or received by the member in his or her capacity as a barrister and solicitor, or in such other capacity as the Society may designate.

(2) The Executive may make rules

(3) The Society may, in the manner and on the terms and conditions that the Executive considers advisable, enter into contracts with insurers or other persons by which means the Assurance Fund may be protected in whole or in part against any claim or loss to the Fund and the costs incurred by the Society under any such contracts may be defrayed from the Fund or the proceeds of the Fund.

(4) The Assurance Fund

(1) Where any payment has been made from the Assurance Fund, the Society is, to the amount of the payment, subrogated to the rights, remedies and securities to which the person receiving the payment was entitled as against the defaulting members’ trustee, assign, estate or personal representative and those rights, remedies and securities may be enforced or realized in the name of the Society.

(2) No person has any right of action against the Assurance Fund, the Society, the Executive or any committee or officer of the Society concerned with the Assurance Fund, in respect of any loss suffered by reason of dishonesty of any member of the Society or the agent or employee of a member.

(1) The chairperson of the Discipline Committee may at any time, if he or she is of the opinion that a member has failed to account to a client or to deliver to a client any property, instruct the Secretary to direct the member

and may fix a time within which the member is to comply with the direction.

(2) Property paid or deposited under subsection (1) may, on an order of a judge of the Supreme Court, be paid out or delivered to the person or persons named in the order as being entitled to the property.

(1) A judge of the Supreme Court may, on application by the Society either ex parte or on such notice as the judge may require, by order, appoint a person as custodian to have custody of the property of a member and to manage or wind up the legal business of a member, where

(2) A judge of the Supreme Court may in an order under subsection (1) or at any time and from time to time by a subsequent order made ex parte or on such notice as the judge may require,

SNWT 2010,c.16,Sch.A,s.25(7).

(1) Where property of a member has been placed in the custody of a custodian under section 39, the Secretary or any person appointed by the Secretary for that purpose shall examine the property and after the examination the custodian shall, on reasonable notice, inform clients of the member or such other persons as the custodian considers necessary that

(2) Where a custodian is satisfied that a person is entitled to any property in the custody of the custodian and that no solicitor’s lien is claimed on that property or appears to exist, or if any, the lien is satisfied, the custodian may deliver the property to the person claiming it.

(1) Every member who holds or receives money on account of a client shall maintain in a bank, trust company or credit union, an account that shall be designated both in the books of the member and in the records of the bank as a clients’ trust account.

(2) Every cheque drawn on a clients’ trust account shall be clearly marked as such. SNWT 2004,c.10,s.11.

(1) A member who has held money in his or her client’s trust account for a period of not less than two years and

may apply to the Secretary for permission to pay the money over to the Society.

(2) In considering an application under subsection (1), the Secretary shall have regard to

(3) If permission is given and the money is paid by the member to the Society, the trust liability of the member with respect to that money is extinguished.

(4) Money received by the Society under this section

(5) A person or a legal representative of the person who could have claimed the money from the member if it had not been paid over to the Society may, in accordance with the rules, claim the money from the Society.

(6) The Executive shall review a claim and shall, if it determines that the claimant is entitled to the money claimed, direct that the money be paid to the claimant.

(7) A claimant is not entitled to interest on money held by the Society.

(8) A claimant whose claim against the Society is refused by the Executive may appeal to the Supreme Court.

(9) A claim against the Society is not enforceable unless it is made within five years after the day the money was received by the Society.

(10) Following the five-year period referred to in subsection (9), the Society shall pay to the Northwest Territories Law Foundation the aggregate of the principal amount of the money held by it under this section during that period and the amount of the estimated income of the fund attributable to that principal amount, less an administration fee determined in accordance with the rules.

(11) The Society may transfer the administration fee referred to in subsection (10) to its general revenue account for its own use.

(12) The Executive shall, not later than March 31 in each year, provide the Minister and the Northwest Territories Law Foundation with a report on the administration of the fund under this section during the preceding year, including an account of money paid over to the Society by members, an explanation of the disposition of claims, an account of payments made to the Foundation and an account of administration fees retained by the Society. SNWT 2004,c.10,s.12.

(1) Subject to this section, every member shall deliver to the Secretary on or before September 1 in each year certificates of the member and of a chartered accountant or certified general accountant, which shall be in the form set out in the rules and made up to the end of a 12-month fiscal period ending no earlier than June 1 of the previous year.

(2) Where a certificate relating to a full 12-month fiscal period referred to in subsection (1) cannot be delivered by a member by reason of broken practice periods, practice within or outside of partnerships, or for any other valid reason, the certificate shall relate to the period or periods that may be designated by the Executive and in that case, application for a designation containing full particulars or the reasons for the designation shall be made in writing to the Secretary no later than June 1 in each year.

(3) Delivery of the certificates under subsection (1) is not required in the case of a member who satisfies the Secretary by statutory declaration, undertaking or otherwise that he or she has not had occasion to maintain a clients’ trust account in the Northwest Territories. RSNWT 1988,c.40(Supp.), s.16; SNWT 1995,c.11,s.28; SNWT 2010,c.16, Sch.A, s.25(2); SNWT 2013,c.23,s.10(3).

(4) Repealed, RSNWT 1988,c.40(Supp.), s.16.

(1) The Executive may suspend a member who does not comply with the requirements of this Part from the practice of law until the member has complied fully with the requirements of this Act or the directions of the Executive.

(2) The Secretary shall notify the Clerk of the Supreme Court of a suspension made under subsection (1). RSNWT 1988,c.40(Supp.),s.17.

(1) The affairs of the Foundation shall be conducted by a board of directors composed of

(2) The term of office of the members of the board shall be two years.

(3) The Executive shall designate one member of the board as chairperson.

(4) Three members of the board constitute a quorum.

(1) The board may make bylaws

(2) Without limiting the generality of subsection (1), the board may make bylaws respecting

RSNWT 1988,c.40(Supp.),s.18; SNWT 2010, c.16,Sch.A,s.25(8).

(1) The board shall apply, and cause to be applied, the funds of the Foundation in the manner that the board may decide in carrying out the objects of the Foundation.

(2) The funds of the Foundation shall consist of all sums paid to the Foundation under subsection 57(2), interest accruing from investment of the funds of the Foundation and any other money received by the Foundation.

(3) There shall be paid out of the funds of the Foundation the costs, charges and expenses involved in the administration of the Foundation, and the costs, charges and expenses incurred by the board in carrying out the objects of the Foundation.

(4) No director may receive any remuneration for his or her services but the directors shall be entitled to be paid out of the funds of the Foundation their reasonable travelling and living expenses while absent from their respective ordinary places of residence in the course of their duties as members of the board.

(5) All funds of the Foundation shall, pending investment or application in accordance with this section, be paid into a bank, credit union or trust company in the Northwest Territories to the credit of a separate account called the Law Foundation Account.

(6) Any funds that are not immediately required for the purposes of the Foundation may be invested in the name of the Foundation by the directors and in so doing the directors are not subject to the provisions of the Trustee Act respecting the investment of trust funds.

(7) The accounts of the Foundation shall be audited annually by a chartered accountant or a certified general accountant appointed by the board. SNWT 2004,c.10,s.13; SNWT 2010,c.16,Sch.A, s.25(2),(4).

(1) After the end of each year, the Foundation shall prepare and submit to the Executive a report consisting of

(2) On receiving a report under subsection (1), the Executive shall provide a copy to the Minister for tabling in the Legislative Assembly if it is then in session, and if not, within five days after the commencement of the next session. SNWT 2013, c.23,s.10(4); SNWT 2014, c.31,s.10(4).

(1) In this section, "member" includes a firm of more than one member.

(2) Every member shall maintain an interest- bearing trust account in a bank, credit union or trust company into which the member shall deposit any money received by the member on trust from or on account of any client and shall instruct the bank, credit union or trust company to remit the interest earned on the money to the Foundation semi-annually and the interest, on that instruction, becomes the property of the Foundation.

(3) A member is not liable, by virtue of the relation between the member and his or her client, to account to a client for interest earned on money deposited in the bank, credit union or trust company under subsection (2).

(4) Nothing in this Part affects any arrangement made between a member and his or her client to deposit money received from or on behalf of the client or to which the client is entitled, in a separate account for the client at interest, which interest shall be the property of the client. SNWT 2004,c.10,s.14; SNWT 2010,c.16,Sch.A,s.25(4).

(1) The Executive may by resolution create and maintain a fund called the Professional Liability Claims Fund.

(2) The Executive may make rules

(3) Subject to and in accordance with the rules, the Fund may be used for any of the following purposes, whichever the rules specify:

(4) Where the rules specify that the Fund may be used for the purpose referred to in paragraph (3)(a), the Executive may make rules

(5) The Society may, in the manner and on the terms and conditions that the Executive considers advisable, enter into contracts with insurers or other persons by which means the Fund may be protected in whole or in part against any claim or loss to the Fund.

(6) The Fund

SNWT 2010,c.16,Sch.A,s.25(9).

(1) The Executive may by resolution authorize the Society to enter into a group insurance contract providing for the indemnification by the insurer under the group insurance contract in whole or in part of members liable to pay assessments referred to in paragraph 60(2)(c) in respect of professional liability claims against them, on the terms and conditions that may be agreed upon.

(2) The Society may enter into a group contract with an insurer either alone or jointly with one or more law societies or governing bodies of the legal profession in the provinces or territories that are incorporated for purposes comparable to those of the Society.

(3) The Executive may make rules

SNWT 1995,c.11,s.28; SNWT 2004,c.10,s.15.

(1) Where an amount is paid or is intended to be paid from the Fund or by the insurer under a group contract as indemnification in respect of a professional liability claim, or where the amount of a professional liability claim is equal to or less than the deductible amount, the Society may, on a resolution of the Executive and in accordance with the rules,

(2) Where a payment is made by the Society under paragraph (1)(a), the Society is subrogated to the rights, remedies and securities to which the claimant was entitled as against the member concerned or against the member’s trustee, assign, estate or personal representative and those rights, remedies and securities may be enforced or realized, as the case may be, in the name of the Society.

(1) A student-at-law may act as counsel in proceedings before the Court of Appeal, the Supreme Court, the Territorial Court, or before a judge of any of those courts or a justice, in circumstances provided for in the rules and subject to any conditions set out in the rules.

(2) Where a student-at-law acts under subsection (1), the student-at-law shall advise his or her client that he or she is a student-at-law before so acting. RSNWT 1988,c.40(Supp.),s.19; SNWT 2008, c.17,s.19.

(1) No person shall engage in the practice of law unless he or she is an active member of the Society.

(2) Subsection (1) does not apply to

(3) The exemption provided by paragraph (2)(a) does not apply to a person to whom a debt has been assigned for collection purposes only. RSNWT 1988,c.40(Supp.),s.20; SNWT 2010, c.16,Sch.A, s.25(2).

(1) No person shall, unless he or she is an active member of the Society, hold himself or herself out as or represent himself or herself to be an active member of the Society, or a person lawfully entitled to practise law or to carry on the practice or profession of a barrister and solicitor.

(2) No suspended member shall, while suspended, hold himself or herself out as or represent himself or herself to be a member in good standing or a member not under suspension.

(3) No person shall, unless he or she is admitted to the Society as a student-at-law, hold himself or herself out as or represent himself or herself to be a student-at-law or an articled law student or clerk.

(1) No active member shall, except under the authority of a resolution of the Executive, employ in connection with his or her practice a suspended member, a member whose name has been struck off the Roll, or a person who has been suspended or disbarred by a law society other than the Society.

(2) The Executive may by resolution permit an active member to employ in connection with his or her practice a suspended member, a member whose name has been struck off the Roll, or a person who has been suspended or disbarred by a law society other than the Society, but the employment shall be in the capacity and subject to the terms and conditions that the resolution may specify. RSNWT 1988,c.40(Supp.), s.21.

(1) Every person who contravenes this Part is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or, in default of payment, to imprisonment for a term not exceeding one year.

(2) A prosecution for an offence under this Part may not be commenced after two years from the time when the offence was committed.

(1) For the purposes of this Act and the rules, a notice, order or other document may be served on a person by

(2) Receipt of service is deemed to occur

(3) Service of a document on the Society may be effected by service on the Secretary or on the registered office of the Society. SNWT 2018, c.15,s.12.

(1) A person who, in the course of carrying out duties under this Act, becomes aware of information or a document that is subject to solicitor and client privilege, has the same duty with respect to the disclosure of the information or document as the member or student-at-law from whom it was obtained.

(2) A member or student-at-law who, in accordance with this Act, provides a person with information or a document that is confidential or subject to solicitor and client privilege, does not breach any duty that the member or student-at-law would otherwise have respecting disclosure of that information or document.

(3) A person who, during a court proceeding in respect of a matter arising under this Act, becomes aware of information or a document that is confidential or subject to solicitor and client privilege, shall not use, produce or disclose the information or document for a purpose other than that for which it was obtained.

(4) The court may exclude members of the public from a court proceeding in respect of a matter arising under this Act, if the court considers that the exclusion is necessary to prevent the disclosure of information or a document that is subject to solicitor and client privilege.

(5) A court giving reasons for judgment in any proceeding in respect of a matter arising under this Act, shall take all reasonable precautions to avoid including in the reasons any information before the court that is confidential or subject to solicitor and client privilege. SNWT 2008,c.17,s.21.