Legal Professions Regulatory Reform
On this page…
- 2022 engagement summary
- Engagement results
- 2024 update
- LPA Frequently Asked Questions (FAQ)
- Implementation activity
- Litigation activity
Overview
Who: The Ministry of the Attorney General
What: Update how legal service providers are regulated
Where: Province-wide
Why: To increase access to legal services
How: Online
2022 engagement summary
In 2022, the ministry drafted an intentions paper that outlines the proposed reforms and sought feedback from the public and key partners. The paper addressed a large number of topics and issues, including:
- Affordability of legal services
- The importance of the independence of lawyers and other legal service providers
- Governance matters
Read the intentions paper: PDF version (201KB) or HTML version.
Read the news release.
Engagement results
The ministry received feedback from individuals and organizations, including members of the public, paralegals, notaries, lawyers, non-profits, regulators, associations, and academics.
Read the What We Heard Report (PDF, 480KB)
2024 update
Read the March 2024 General Public Update (PDF, 200KB)
On April 10, 2024, the Government tabled the proposed Legal Professions Act, which will bring legal professions under a new single regulatory body, and, depending on the legal matter, offers people the choice of hiring a lawyer, a notary public or a new designation called a regulated paralegal to assist them.
On May 16, 2024, the Legal Professions Act (LPA) received Royal Assent. The LPA builds on government’s work to expand opportunities for people who need help with legal problems in B.C. Now, people in B.C. will have more affordable choices and increased access to support to solve their legal problems.
LPA Frequently Asked Questions (FAQ)
Since the introduction of the Act, there have been several questions raised regarding the LPA, and in response the ministry has prepared a list of the top 17 most frequently asked questions regarding the implementation of the LPA.
The FAQ covers a broad range of topics, including historical background, why the new LPA matters, what it means for the public, how it benefits those in the legal community (lawyers, notaries, and paralegals), and how the new regulator will be structured.
Read the FAQ (PDF, 300KB).
Implementation activity
The LPA establishes several transitional bodies to work with the Law Society, the Notaries Society, and other partners to transition to a new single regulator called Legal Professions British Columbia. This includes a transitional board, a transitional Indigenous council, and an advisory committee.
The transitional board is composed of 4 members appointed by the Law Society, one member appointed by the Notaries Society, one member appointed by the BC Paralegal Association, and one member appointed by the Lieutenant Governor in Council.
The transitional Indigenous council consists of 3 members appointed by the BC First Nations Justice Council, one member appointed by Métis Nation British Columbia, and up to 2 members of the transitional board appointed by the transitional board.
The advisory committee includes the executive director (or their designate) of each of the Law Society, the Notaries Society, and the Law Foundation of British Columbia, and one member who is a government employee appointed by the Attorney General.
The transitional bodies will be in place for the duration of the transition process. It is anticipated that an orderly transition process will take approximately 18-24 months.
See the list of transitional appointees (PDF, 90KB)
The Attorney General has also established a working group to make recommendations to the Attorney General on what legal services a regulated paralegal should be able to provide to British Columbians. The Attorney General will take the group’s recommendations into account, and consult with the regulator’s board, before formulating a proposed scope or scopes of practice. Scope(s) will be established by regulation under the LPA.
See the list of working group members (PDF, 30KB)
Litigation activity
The Law Society of British Columbia (LSBC) and Trial Lawyers Association of British Columbia (TLABC) have filed notices of civil claim, alleging the legislation is unconstitutional. On June 7, 2024, the Attorney General of British Columbia filed a response opposing that position. You can read the pleadings filed in this proceeding here:
- Law Society Notice of Civil Claim (PDF, 1MB)
- Response to Law Society Civil Claim (PDF, 200KB)
- TLA Notice of Civil Claim (PDF, 6MB)
- Response to TLA Civil Claim (PDF, 500KB)
- Written Submissions of the Attorney General of British Columbia (PDF, 800KB)
As part of that proceeding, the LSBC and TLABC sought injunctive relief that that would delay the implementation of the LPA. The Court declined that request. See reasons for judgment here: 2024 BCSC 1292 (CanLII) | Law Society of British Columbia v British Columbia | CanLII.
Related engagements
