11-12 George V – Chap. 79

(Assented to 15^th April, 1921)

Whereas Sir James Albert Manning Aikins, King's Counsel, President, Honourable E. Fabre Surveyer, Judge of the Superior Court for the Province of Quebec, Honourary Secretary, and George F. Henderson, King's Counsel, Honourary Treasurer, have by their petition on behalf of the unincorporated association known as "The Canadian Bar Association" prayed that it be enacted as hereinafter set forth and it is expedient to grant the prayer of the said petition therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:​

1. The said Sir James Albert Manning Aikins, King's Counsel, Honourable E. Fabre Surveyer, Judge of the Superior Court for the Province of Quebec, and George F. Henderson, King's Counsel, and all other members of the Association mentioned in the Preamble (hereinafter called "the unincorporated Association") together with such other persons as may hereafter from time to time become members of the Corporation, are incorporated under the name of "The Canadian Bar Association", hereinafter called "the Association".
2. The objects of the Association shall be to advance the science of jurisprudence; promote the administration of justice and uniformity of legislation throughout Canada so far as is consistent with the preservation of the basic systems of law in the respective provinces; uphold the honour of the profession of the law, and foster harmonious relations and co-operation among the incorporated law societies, barristers' societies and general corporations of the Bars of the several provinces and cordial intercourse among the members of the Canadian Bar; encourage a high standard of legal education, generally to do all further or other lawful acts and things touching the premises.
3. Subject to the Bylaws of the Association, local executives or branches may be constituted under such title and designation and subject to such conditions and provisions and with such powers as the Association may determine by Bylaw: Provided, however, that such powers not be in excess of those conferred on the Association by this Act.
4. The Association may by rules or Bylaws, which it may make:
   1. Define and regulate the admission, suspension and expulsion of members; determine the different classes of members and their rights and privileges and fix the fees, subscriptions and dues to be paid by them;
   2. Establish a Council of the Association with executive power; determine the method of election or appointment thereof, or selection there of; define the constitution, powers, duties, quorum, and term of office of such Council and fix the number, powers, duties and term of office of the officer and committees of the Association, and of local executives and branches;
   3. Fix the time and place for holding the annual and other meeting of the Association and the notice to be given thereof;
   4. Provide for the administration and management of the business and affairs of the Association and the furthering of its objects and purposes, and such delegation as it may deem proper of any of its powers to the Council of the Association..
5. The membership in the Association shall be divided into classes as follows:
   1. Active members, who shall comprise the active members of the unincorporated Association, and all others who are from time to time admitted to active membership under the provisions of the Bylaws or rules of the Association; any member in good standing of the Bar of any province; and any judge or retired judge of a Court of Record in Canada appointed from such Bar shall be eligible to active membership in the Association;
   2. Honourary members, who shall comprise all Honourary members of the unincorporated Association, and all others who are from time to time admitted to Honourary membership under the provisions of the Bylaws or rules of the Association;
   3. Any other classes of members which the Association by Bylaw may determine.
6. 1. The Association may, for the purpose of carrying out its objects:
   1. subject to provincial laws, acquire by purchase, lease, gift, legacy or otherwise, and own and hold any real and personal estate and property, rights or privileges, and sell, manage, develop, lease, mortgage, dispose of or otherwise deal therewith in such manner as the Association may determine. Provided, that real estate held by the Association shall not exceed in value at any one time the sum of five hundred thousand dollars; and no parcel of land or interest therein, at any time acquired by the Association, and not required for its actual use and occupation, and not held by way of security, shall be held by the Association or by any trustee on its behalf for no longer period than ten years after the acquisition thereof, or after it shall have ceased to be required for actual use or occupation by the Association, but at or before the expiration of such period be absolutely barred, sold or disposed of so, that the Association shall no longer retain any interest or estate therein, except by way of security;
   2. make, accept, draw, endorse and execute bills of exchange, promissory notes and other negotiable instruments;
   3. invest the surplus funds of the Association in such manner and upon such securities as may be determined;
   4. borrow money as and when required for the purposes of the Association;
   5. do all such other lawful acts and things as are incidental or may be conducive to the attainment of the objects of the Association.
   2. Nothing in this section shall be deemed to authorize the Association to issue any note payable to the bearer thereof, or any promissory note intended to be circulated as money, or as the note of a bank, or to engage in the business of banking or insurance. 
7. The present officers and members of the Council and of the committees of the unincorporated Association shall, subject to the Bylaw or rules of the unincorporated Association, continue to hold their offices until their successors shall have been appointed or elected, in accordance with the provisions of this Act and the Bylaws and rules made thereunder.
8. The existing constitution, Bylaws and rules of the unincorporated Association, in so far as they are not contrary to law or to the provisions of this Act, shall be the constitution, Bylaws and rules of the Association until altered or repealed at an annual or special general meeting of the Association.