Upcoming Changes to Active Non-Practising Status Effective Feb. 1, 2024 

At the Oct. 4, 2023 Board meeting, the Benchers approved Rule changes that revise the existing active non-practising status to better accommodate lawyers going on leave. These Rule changes will come into effect on Feb. 1, 2024.  

At various stages in their career, a lawyer may take a leave from the practice of law and change their status. We understand that lawyers go on leave for various reasons. For example, lawyers may take maternity or parental leave, while others take a leave for medical, mental health, caregiving, educational or other reasons. 

When taking a leave, lawyers can choose to hold the same active practising status or change their status to suit their circumstances. The Law Society does not select the status for lawyers going on leave. Currently, there are limited available status options that are suitable for lawyers seeking a leave from practice. 

To address this concern, the new Rule changes amend the existing active non-practising status to make it a more viable option for lawyers taking a leave. Effective Feb. 1, 2024, the active non-practising status will be available at a reduced membership fee. The status will also allow for an expedited reinstatement process for lawyers with no disciplinary proceedings who hold the status for three consecutive years or less and are looking to return to active status. Current inactive lawyers who want to elect active non-practising status are still subject to the reinstatement process. 

Read the full article for more information. Further details on the features of the status, how to apply, exceptions and what this means for lawyers who currently hold the status will be released closer to the effective date.

Code of Conduct Amendments

The Benchers approved amendments to the Law Society of Alberta’s Code of Conduct Rule 6.3, which addresses discrimination and harassment issues, and created new Rules 5.1-2A and 5.1-2B, addressing ex parte communications and appearances. 

The approved amendments and new Rules are the result of several years of extensive consultation across the country by the Federation of Law Societies of Canada (FLSC), the law societies and the legal profession. The amendments to the FLSC Model Code of Professional Conduct (Model Code) were approved by FLSC Council and adopted in October 2022.  

Rule 6.3: Discrimination and Harassment  

The amendments to Rule 6.3 reflect current discrimination and harassment law. The commentary provides guidance on these obligations but is not intended to be an exhaustive list.

New Rules 5.1-2A and 5.1-2B: Ex Parte Communications and Appearances 

The new Rules now address the issue of counsel communicating with courts and tribunals in the opposing party's absence and without their knowledge. 

In Rule 5.1-2A, lawyers must act in good faith and inform the tribunal of all material facts, including adverse facts, known to the lawyer that will enable the tribunal to make an informed decision. Rule 5.1-2B makes clear that, except where authorized by law, and subject to Rule 5.1-2A, a lawyer must not communicate with a tribunal in the absence of the opposing party or their lawyer (when they are represented) concerning any matter of substance, unless the opposing party or their lawyer has been made aware of the content of the communication or has appropriate notice of the communication. 

The Code of Conduct will be updated in the coming weeks to reflect the new Rules and amendments.

Read the full article for more information.

New and Amended Rules to Comply with Labour Mobility Legislation 

On April 6, 2023, the Government of Alberta brought into force the Labour Mobility Act and the Labour Mobility Regulation, collectively the Labour Mobility Legislation. This legislation simplifies the process for lawyers, as well as other professionals, applying to transfer to Alberta when they are already certified with an equivalent regulatory body in another Canadian jurisdiction. It requires regulators to accept the qualifications of professionals from other Canadian jurisdictions and to develop a clear and timely registration process. 

At the Oct. 4 board meeting, the Benchers approved new and amended Rules that align the permanent mobility provisions with the Labour Mobility Legislation. The primary changes brought into force by the Labour Mobility Legislation include: 

• labour mobility applications must now be processed within 20 business days of receiving a complete application, with reasons for the registration decision to follow within 10 business days; and,
• only specific types of information may be requested of labour mobility applicants during the registration process. 

Various amendments and additions were made to Part 2 of the Rules from Rules 47 to 73 to account for these changes and align with the Labour Mobility Legislation. The Rules will be updated on our website in the coming weeks.

Reminder: Psychological First Aid – Self-Care Offer

World Mental Health Day is observed on Oct. 10 every year to raise awareness around the world and mobilize efforts in support of mental health. This year the Law Society is offering to cover the registration cost for a select number of lawyers and articling students to complete the online Canadian Red Cross Psychological First Aid - Self-Care course. 

In this short self-directed course, you will learn about the types, causes and effects of stress and trauma; strategies to prevent, recognize and cope with stress; and how to develop and implement a personal

self-care plan. This course is for anyone interested in self-care practices that promote psychological well-being.

There are still coupon codes available to cover registration costs for the first 100 lawyers and articling students who express interest. To access the coupon code to register for the course please contact Education. 

Visit our website for more events, resources and ways you can participate in World Mental Health Day.

Court Announcement

Notice to the Public and Profession – Ensuring the Integrity of Court Submissions When Using Large Language Models

In light of the significant concerns surrounding the potential fabrication of legal authorities through large language models, this Notice addresses the matter of legal references in submissions to the courts.

View the full announcement.

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