Page 1 of 96 COUNCIL AGENDA - NSBS Home

1 Page 1 of 96. COUNCIL AGENDA . Date November 25, 2016. Time 12:30 pm Chair R. Daren Baxter QC, TEP. 1. INTRODUCTORY MATTERS. 2. CONSENT AGENDA MATTERS Pg i. Minutes of October 28, 2016 meeting 3. ii. Committee Term of Reference Succession Planning Task Force 10. iii. Committee appointments: Professional Standards (Real Estate) Committee - Sean Rooney;. Succession Planning Working Group Heidi Foshay-Kimball, Chair, Gerald Green, Robert Carter, Loretta Manning iv. Resignations: Ms. Terry Louise Roane QC, Ms. Angele Mina Comeau v. Amendments to Regulation , Principals and Supervising Lawyers 11. Memo from J. Mullenger 3. EXCELLENCE IN REGULATION AND GOVERNANCE. a) Items for Approval i. Legal Services Regulation - Request for Legislation Pkg. 3. 21. COUNCIL make-up and Law Corporations ii. Amendment to Reg. (a) Designated Members D. Pink to address 31. iii. 2017 Annual Firm Report and Trust Account Report S.

2 Walker to address 34. b) Items for discussion c) Items for Information 4. IMPROVING THE ADMINISTRATION OF JUSTICE. a) Items for approval b) Items for discussion c) Items for Information i. Filling the gaps - Refugee workshop aims to train lawyers in immigration law 45. ii. Submission to FLSC Access to Justice inventory 48. iii. Opinion Piece Access to Justice and Market Failure 51. Page 2 of 96. 5. FOUNDATIONAL ACTIVITIES. a) Items for approval i. National Discipline Standards V. Rees to address 55. b) Items for Information i. NSBS Consolidated Statements to September 30, 2016 76. ii. Federation and Academy Reconnect on Legal Education 81. c) Items for discussion 6. IN CAMERA. 7. ITEMS FOR INFORMATION / REPORTS. i. COUNCIL Calendar 83. ii. 2016-2017 Activity Plan 85. iii. Executive Director's Report 94. iv. President's Report 8. MEETINGS. Friday, January 20, 2017 9:00 am Friday, February 24, 2017 9:00 am Friday, March 24, 2017 9:00 am Friday, April 28, 2017 9:00 am Friday, May 26 , 2017 9:00 am Thursday, June 15 Friday, June 16, 2017 COUNCIL Orientation Saturday, June 17, 2017 Annual Meeting Schulich School of Law 2.

3 Page 3 of 96. COUNCIL MINUTES. Date October 28, 2016. Time 9:00 am Present: Regrets: R. Daren Baxter QC, TEP, President Nancy Barteaux QC. Julia Cornish QC, First Vice-President Dean Camille Cameron Frank Demont QC, Second Vice-President Karen Fitzner Darrel Pink, Executive Director Rene Gallant Mike Baker Tuma Young Natalie Borden John Bodurtha Staff: Ellen Burke Sharon Cox Sheree Conlon Marla Cranston Heidi Foshay-Kimball QC Jackie Mullenger Peggy Gates-Hammond Patricia Neild Gavin Giles QC Shirley Shane, Recording Loretta Manning Jillian MacNeil Guests: Diane McGrath QC Jill Perry Kelly Middlestadt Andrew Nickerson QC. Alonzo Wright 1. INTRODUCTORY MATTERS. The President extended a welcome to the new member for Central District, Ellen R. Burke, and presented her COUNCIL pin. Also introduced was Sharon Cox, the Society's Human Resources Officer. 2. CONSENT AGENDA MATTERS. i. Minutes of September 23, 2016 meeting ii.

4 Committee appointments: Gender Equity Committee: Nasha Nijhawan Racial Equity Committee: Alexander MacKillop Legal Services Regulation In-House and Government Lawyers Working Group, Mark Everett Professional Standards (Real Estate) Committee Chair, Matthew Moir iii. Resignations: John Cook iv. Amendments to Regulation , Principals and Supervising Lawyers v. Eligibility to act as principal or supervising lawyer Jackie Mullenger, Director, Education &. Credentials Page 4 of 96. vi. Committee Work Plans: Code of Professional Conduct (CPCC). Racial Equity Gender Equity Governance & Nominating UPON MOTION by Mike Baker and seconded by Loretta Manning the Consent AGENDA matters were approved as presented. Motion passed. 3. EXCELLENCE IN REGULATION AND GOVERNANCE. a) Items for Approval i. Request for Legislation Pkg. 1 Purpose of Society & Scope of regulation Memo from Executive Director Side-by-side of provisions to be amended Executive Director, Darrel Pink reviewed the requested amendments to the Legal Profession Act that embody the policy framework for Legal Services Regulation adopted by COUNCIL on November 20, 2015 and the subsequent discussions at COUNCIL in July and September.

5 To avoid the necessity of enacting an entirely new Legal Profession Act, this request adapts COUNCIL 's policy framework to a limited set of amendments and maintains the present structure of the Act. An initiative to transform regulation of the delivery services in Nova Scotia and a commitment by the Society to improve access to legal services to the public followed the adoption of a strategic framework that addressed excellence in regulation and governance' and improving the administration of justice'. The Society articulated that it must become a regulator committed to expanding the availability of legal services by a variety of means while ensuring that the public is protected from poor quality and incompetent service providers. This will entail expanding what traditional lawyers and law firms can do, creating an opportunity for organizations to provide regulated legal services to the public and creating a new class of limited scope legal service providers or paralegals; however, only those regulated by the Society will be able to practise law.

6 A lengthy question and answer session followed covering matters such as the Society's process of winding up practices, the role of custodians and the CIC, appeal hearings, provisions for reinstatement, the range of oversight by the Society, insurance, the two types of designation of law firms, setting up new firms vs grandfathering and what information we need to maintain on those delivering legal services. Under Triple-P approach (principled, proportionate, proactive) firms would complete their MSELP (self-assessment) and we would take new firms through the self-assessment process so they are building their law firm with the MSELP requirements in place. UPON MOTION it was moved by Natalie Borden and seconded by Diane McGrath to approve this portion of the Request for Legislation.' We anticipate providing this to the Department of Justice by December 1, 2016. Motion carried. ii. Request for Legislation Pkg.

7 2 COUNCIL and Pt. III (Professional Responsibility). Memo from Executive Director re Elements of Law Firm Regulation When COUNCIL began to explore Entity Regulation and the change in how we regulate, there were two themes that we identified. We wanted to change the nature of the conversation with the profession in general, and law firms in particular. The second theme was one that we adopted 2. Page 5 of 96. from our Australian colleagues when we said that our work must be directed to educate towards compliance. Both of these themes have influenced the work that has been done to date. The Executive Director outlined the pieces that need to be in place to meet our purpose of regulating in the public interest and implementing our regulatory objectives. 1. Designation of law firms and collection of key information 2. Development of clear standards 3. Creation of a means for law firms to assess themselves 4.

8 Support for the Practice Standards and self-assessment with robust resources 5. Assist firms to address and improve in areas where their self-assessment identifies that to be desirable 6. Identify and monitor those areas where compliance with clear rules/regulations is required and develop an effective means for law firms to report on compliance 7. Address and respond to areas where there is non-compliance using the Triple-P. approach 8. Ensure that the professional responsibility process is equipped to deal with professional conduct matters involving law firms using a Triple-P approach He said these components are designed to use a Triple-P and risk-focused approach in our response to all issues affecting law firms. With the success of identifying issues through the MSELP process, our goal is that only the most unusual and rarest of cases will require a true regulatory and disciplinary response.

9 Memo from ED and PRPPC re COUNCIL and Pt. III (Professional Responsibility). This portion of the request for amendments to the Legal Profession Act has been prepared to address several changes that result from the changes contained in Package 1, to reflect some of the proposals that government has been circulating regarding self-regulating professions and the consultation regarding them, and amendments to Part III regarding the Professional Responsibility process. This latter group deals with a number of small amendments that have been identified over the years, the embodiment of Triple-P to the Professional Responsibility process and those required to ensure there is the requisite authority and tools to deal with law firms. The Executive Director reviewed the recommended amendments and responded to questions from those present. He stressed that it is preferable to handle this under legislation and not a change to the Legal Profession Act.

10 The legislation provides clarity re the Executive Director's authority with intake of complaints as there is currently a gap in the structure to deal with complaints that are clearly without merit but do not fit into any of the basis we have for dismissal. A lengthy question and answer session followed covering matters such as the Society's process of winding up practices, the role of custodians and the CIC, appeal hearings, provisions for reinstatement, and the range of oversight by the Society. A discussion occurred on Items under the proposed changes relating to COUNCIL : 1. The government has circulated a discussion paper regarding self-regulated professions. Though it is not yet adopted as policy, it does identify a number of practices that are now widely accepted as elements of good governance. The two most directly connected to us relate the size of the Board of Directors ( COUNCIL ). This allows us to look at the number of public representatives on COUNCIL and whether there should be statutory positions any longer.