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General Regulations

General Regulations made pursuant to CBA Bylaw Number 1 in August 2017, as amended in 2018 (January, March, April, June), 2019 (January, May), 2020 (February, June), 2021 (February, May), 2022 (January, April, May, November), 2023 (February) and 2024 (January).

I Membership Fees

1. Annual Membership Class Fees

  1. The annual membership fee payable by Active (Regular) members is:
    1. Active (Regular) members: $587, effective September 1, 2024.
    2. Active (Regular) members in the three years following their call to the bar or swearing in as a Quebec notary: 45% of the annual membership fee for Active (Regular) members.
  2. The annual membership fee payable by Judicial members is 100% of the annual membership fee for Active (Regular) members.
  3. The annual membership fee payable by all Honorary members is nil.
  4. The annual membership fee payable by all Special members is:
    1. Law school student members: $20
    2. Student members other than law school students: 30% of the annual membership fee for Active (Regular) members
    3. Associate members: 55% of the annual membership fee for Active (Regular) members
    4. Retired members: 55% of the annual membership fee for Active (Regular) members.
    1. On September 1 of each year, all membership fees in this article, except the law school student fee, will be indexed by a percentage amount equal to the (rounded up dollar) annual percentage increase in the Canada Consumer Price Index calculated on January 31 of that year or 1.5%, whichever is higher.
    2. The Board of Directors, on the advice of the Finance Committee, may decide not to index the annual membership fees under paragraph (5)(a) in any given fiscal year.
    3. A Branch may reduce the annual membership fee for law school student members in that Branch, by an amount fixed in accordance with the Branch Bylaws and Regulations. The Branch Executive Director will inform the Chief Executive Officer of the Branch decision no later than 14 days after the decision.

Participation Fees

  1. Active (Regular) members who pay a premium fee in addition to the annual membership fee are entitled to additional member benefits established by the Board of Directors on the advice of the Finance Committee and the Management Team.
  2. The Board of Directors, on the advice of the Finance Committee, may establish more than one premium fee level.

Special Circumstances

  1. Active (Regular) members who meet the criteria for non-practice status in the Canadian law society in the jurisdiction in which they are called may apply for a 50% discount of the annual membership fee.
  2. Active (Regular) members who work part time pursuant to criteria in the Canadian law society in the jurisdiction in which they are called may apply for a 50% discount of the annual membership fee.
    1. Active (Regular) members who are scholars, undertaking full time graduate legal studies or Bar Admission studies to be admitted to another law society in Canada, and ceasing to be involved in the active practice of law, may apply for a 70% discount of the annual membership fee.
  3. Active (Regular) members who are on maternity or parental leave, on medical or disability leave, or are unemployed and actively seeking employment may apply for a waiver of the annual membership fee for a period of up to one year.
  4. The Chief Executive Officer or designate may consider other applications for a discount or waiver of the annual membership fee on compassionate grounds.
  5. The Board of Directors may establish criteria for determining any of these special circumstances. (Board, 8 Mar 2018; Branches, 30 Apr 2018. Board, 25 April 2019; Branches, 15 May 2019. Board, 25 March 2021; Branches, 20 May 2021. Board, 29 Nov 2022)

2. CBA Partner Groups

  1. A firm, department or other organization with 100 or more people eligible for Active (Regular) membership that pays the annual membership fee for 95% or more of those eligible shall be entitled:
    1. to pay the annual membership fees not already discounted, at a 15% discount;
    2. to receive a 5% rebate on the cost of products, services and premium fees purchased from the Association in the previous year.
  2. A firm, department or other organization with 50 to 99 people eligible for Active (Regular) membership that pays the annual membership fee for 95% or more of those eligible shall be entitled to pay the annual membership fees not already discounted, at a 10% discount.

3. CBA Supporter Groups

  1. A firm, department or other organization with 100 or more people eligible for Active (Regular) membership that pays the annual membership fee for less than 95% of those eligible, and pays an “advocacy quotient” of $200 per eligible person who is not a member, shall be entitled to pay the annual membership fees not already discounted, at a 5% discount.
  2. People included in the calculation of the advocacy quotient are not members, and shall not have the right to attend meetings of the Association, to have a deliberative voice therein, to vote, to hold office, or to propose or second resolutions.

4. Non-Payment of Fees

  1. A member is suspended for non-payment of fees with discontinuation of all services, 30 days after their membership comes up for renewal, and their membership lapses for non-renewal 60 days after their membership comes up for renewal.

4.1. Membership Incentives

For fiscal year 2020-2021, the Finance Committee, on the advice of the Management Team, may establish:

  1. Fee incentives, adjustments or discounts for CBA Partner Groups under article 2;
  2. Programs to defer fee payments by individual members or groups where their membership would otherwise lapse under paragraph 4(1)

without approval according to the formula in paragraph 70(3) of CBA Bylaw Number 1. (Board, 30 Apr 2020; Branches, 5 Jun 2020)

5. Allocation of Fees to Branches and Branch Fees

  1. The annual membership fees paid in accordance with the General Regulations are allocated first as follows:
    1. An amount set per annum by the Management Team is allocated for the common shared services to support all parts of the Association, based on the formula below. For fiscal years 2018-2019 to 2024-2025 the set amount must be approved according to the formula in paragraph 70(3) of CBA Bylaw Number 1.
      Allocation for Common Shared Services = set amount per Active (Regular) member in the fee category set out in paragraph 1(1)(a) + nil per law school student member + a proportion of the set amount per each other member, in the percentage for their fee category set out in articles 1 and 2.
    2. Effective September 1, 2019, an amount per annum is allocated to a Special Projects Fund to fund major projects of the Association, based on the formula below.
      Allocation for Special Projects Fund = $5 per Active (Regular) member in the fee category set out in paragraph 1(1)(a) + nil per law school student member + a proportion of $5 per each other member, in the percentage for their fee category set out in articles 1 and 2.
    3. Where a Branch has an agreement with the law society in that jurisdiction whereby membership in the Association is universal, an amount per annum is allocated to that Branch, based on the formula below.
      Allocation for Universal Membership Branches = $10 per Active (Regular) member in the Branch, in the fee category set out in paragraph 1(1)(a) + nil per law school student member + a proportion of $10 per each other member in the Branch, in the percentage for their fee category set out in article 1.
    4. $230,062 per annum is allocated collectively to the Branches with fewer than 500 Active (Regular) members, based on a formula determined each year by the Board of Directors.
  2. The annual membership fees remaining after the allocations in paragraph 5(1) are allocated as follows:
    1. The remaining fees from regular members of CCCA: 42% to CCCA, 42% to the Branch in which the member is resident, 16% to the national Association.
    2. The remaining fees from all classes of members (other than regular members of CCCA) resident in a Branch with fewer than 500 Active (Regular) members: 62% to the Branch in which the member is resident, 38% to the national Association.
    3. The remaining fees from all classes of members (other than regular members of CCCA) resident in a Branch with 500 or more Active (Regular) members:
      1. 55% to the Branch in which the member is resident, 45% to the national Association; (“Amended Allocation”) for fiscal years 2024-25 to 2026-27.
      2. Thereafter 53% to the Branch in which the member is resident, 47% to the national Association.
  3. Where a Branch has an agreement with the law society in that jurisdiction whereby membership in the Association is universal, a firm, department or other organization is not eligible for the CBA Partner Group or CBA Supporter Group discount on the annual membership fees for Active (Regular) members in that Branch. (Board, 8 Mar 2018; Branches, 30 Apr 2018. Board, 25 Apr 2019; Branches, 15 May 2019. Board, 25 Mar 2021; Branches, 20 May 2021. Board, 10 Mar 2022; Branches, 6 Apr 2022. Board, 27 Apr 2023; Branches, 30 May 2023. Board. 22 Jun 2023; Branches, 16 Aug 2023, Board, 8 Mar 2024; Branches, 3 May 2024.

II Meetings

6. Conduct of General Meetings of the Association

  1. No person shall speak at a General Meeting more than ten minutes at one time or more than twice on one subject, except as indicated on the formal program prepared for the meeting. This rule of procedure may be dispensed with if 75% of the members present at the meeting vote to suspend it.
  2. For the debate of resolutions at a General Meeting, no person shall speak more than three minutes at one time or more than twice on one subject, except that, in introducing the resolution, the mover may speak up to five minutes. This rule of procedure may be dispensed with if 75% of the members present at the meeting vote to suspend it. (Board; 21 Jun 2018)

7. Conduct of Board Meetings: Voting by email

  1. Between meetings of the Board, the President can decide whether an issue needs to be decided by the Board.
  2. If so, the President can decide whether to convene a meeting by telephone or other communications facilities or to have an email vote.
  3. For an email vote, the question and any accompanying documents will be sent to the Board by email.
  4. A discussion period of at least 24 hours will be set. Board members will use “reply all” to give others the benefit of the opinions shared. Members can indicate whether they support the proposal, but no voting is permitted in the discussion period.
  5. At the end of the discussion period, a voting period of at least 24 hours will be set. Quorum must vote to have a valid decision. (Indicating a position during the discussion period and then doing nothing in the voting period does not count as a vote.)
  6. At the end of the voting period, the Chief Executive Officer will inform the Board of the outcome. The report will list who voted yea and nay.
  7. The decision will be noted in the minutes of the next meeting.

8. Conduct of Meetings of Entities of the Association

  1. Meetings of the Board of Directors, Committees, Subcommittees or Sections are conducted in accordance with Roberts' Rules of Order and will be consistent with the Bylaws, Regulations and policies of the Association, and the CBA Principles of Conduct.
  2. Except as otherwise provided, meetings of the Board of Directors, Committees, Subcommittees or Sections may be conducted by means of a telephonic, electronic or other communications facility that permits all persons participating in the meeting to communicate adequately with each other, if the Association makes that communications facility available. Participation in the meeting constitutes presence at the meeting for the purpose of determining quorum.

III Chief Executive Officer and Professional Staff

9. Duties, Responsibilities, Authority of Chief Executive Officer

Without limiting the generality of article 24 of Bylaw Number 1, and subject to the Act of Incorporation, Bylaws, resolutions and policies of the Association, the Chief Executive Officer:

  1. maintains effective communication and a good working relationship with the Board and all entities of the Association, including Branches and related corporations;
  2. maintains liaison on behalf of the Association with the law societies in Canada, Bars of other nations, the International Bar, and other national associations with complementary interests;
  3. attends and participates in meetings of any entity of the Association, as they see fit;
  4. coordinates the strategic planning process;
  5. facilitates good working relations between members of the Association and national office staff, to maximize the effectiveness of Association activities;
  6. plans meetings and prepares the minutes of meetings of the Association and the Board;
  7. recommends programs and policies to the Board and advises and assists the Board and its Committees and Subcommittees in their responsibilities of office;
  8. ensures that all programs and policies approved by the Board of Directors are implemented;
  9. is responsible for operation of the national office and its staff;
  10. prescribes the duties and responsibilities of, and hires and dismisses staff of the national office. Personnel decisions about Executive Directors reporting to the Chief Executive Officer will be approved by the Governance and Equity Committee;
  11. revises salaries, evaluates each staff member, and keeps an office manual up to date;
  12. answers all correspondence directed to the national office, or delegates responsibility therefor;
  13. maintains proper books of account, records and files; attends to all correspondence and sends all notices required by the Bylaws or as directed by the Board; and acts as custodian of the Seal of the Association and certifies documents issued by the Association when certification is required;
  14. ensures that documents and publications, including articles in the National, the Canadian Bar Review and other legal publications are published in both French and English, in accordance with Association policies;
  15. places adequate fire, public liability and other insurance required for the Association and for the national office. (Board, 18 Jan 2024)

10. Professional Staff

Employees of the Association, its Branches or CCCA shall not have the right to vote in any capacity in the Association for the period of their employment, except on Subcommittees or Task Forces with the approval of the Board of Directors.

IV Compensation and Disclosure of Interest

11. Compensation

  1. Members of the Board of Directors, a Committee, Subcommittee, Task Force or Section Executive Committee, other than the President or an employee of the Association, shall not receive any compensation for their services as a member of that Association entity, but may be reimbursed for expenses incurred in the performance of their duties in accordance with the financial policies of the Association.
  2. Subject to article 10, members of the Board of Directors, a Committee, Subcommittee, Task Force or Section Executive Committee are not precluded from serving the Association in any other capacity and receiving compensation therefor. However, members receiving compensation for services rendered to the Association must declare any conflict of interest and refrain from participating in the discussion, unless authorized by the Chair of the entity, and from voting on anything relating to the matter for which they are being compensated.

12. Disclosure of interest

  1. A Board member who:
    1. is a party to a material contract or transaction or proposed material contract or transaction with the corporation;
    2. is a director or an officer, or an individual acting in a similar capacity, of a party to the contract or transaction; or
    3. has a material interest in a party to the contract or transaction.
      shall disclose to the Association, in writing or by request to have entered in the minutes of Board meetings, the nature and extent of the Board member’s interest.
  2. The disclosure shall be made
    1. at the meeting at which a proposed contract or transaction is first considered;
    2. if the Board member was not, at the time of the meeting referred to in paragraph (a), interested in the proposed contract or transaction, at the first meeting after the Board member becomes interested;
    3. if the Board member becomes interested after a contract or transaction is made, at the first meeting after the Board member becomes interested; or
    4. if a person who is interested in a contract or transaction later becomes a Board member, at the first meeting after the person becomes a Board member.
      ber.
  3. If a material contract or material transaction, whether entered into or proposed, is one that, in the ordinary course of the Association’s activities, would not require approval by the Board, a Board member shall, immediately after they become aware of the contract or transaction, disclose in writing to the Association, or request to have entered in the minutes of Board meetings, the nature and extent of their interest.
  4. A Board member required to make a disclosure under paragraph (1) shall not vote on any motion to approve the contract or transaction unless the contract or transaction
    1. relates primarily to the Board member’s remuneration as Board member, an agent or a mandatary of the Association or an affiliate;
    2. is for indemnity or insurance; or
    3. is with an affiliate.
  5. For the purposes of this article, a general notice to the Board declaring that a Board member is to be regarded as interested, for any of the following reasons, in a contract or transaction made with a party, is a sufficient declaration of interest in relation to the contract or transaction:
    1. the Board member is a director or an officer, or acting in a similar capacity, of a party referred to in paragraph (1)(b) or (c);
    2. the Board member has a material interest in the party; or
    3. there has been a material change in the nature of the Board member’s interest in the party.
  6. Members of the Association may examine the portions of any minutes of meetings of Board or Board committees that contain disclosures under this article, and of any other documents that contain those disclosures, during the Association’s usual business hours.
  7. A contract or transaction for which disclosure is required under paragraph (1) is not invalid, and the Board member is not accountable to the Association or its members for any profit realized from the contract or transaction, because of the Board member’s interest in the contract or transaction or because the Board member was present or was counted to determine whether a quorum existed at the Board meeting or Board committee meeting that considered the contract or transaction, if
    1. disclosure of the interest was made in accordance with this section;
    2. the Association approved the contract or transaction; and
    3. the contract or transaction was reasonable and fair to the Association when it was approved.

V Board Committees

13. Term of Office

  1. The term of office for Board Committees and Subcommittees is one year, unless otherwise provided.
  2. The Chair of a Committee or Subcommittee, except a Chair who is appointed by virtue of their office, is not eligible to hold office for more than two consecutive years unless recommended by the Governance and Equity Committee and authorized by the Board.
  3. The term of office for a Task Force is the duration of its mandate, to be set by the Board of Directors when it establishes the Task Force. (Board, 18 Jan 2024)

14. Eligibility

  1. Judicial members are eligible to be members of Board Committees, Subcommittees and Task Forces, and have the right to vote in that capacity.
  2. Student members are eligible to be members of Board Committees, Subcommittees and Task Forces, and have the right to vote in that capacity, but are not eligible to be the Chair or Vice Chair.

15. Board Committees

  1. Audit and Risk Committee
    1. Responsible to the Board of Directors, the Audit and Risk Committee:
      • Oversees the financial reporting process, audit process, system of internal controls and compliance with laws and regulations
      • Develops policies and advises Board on enterprise risk management
      • Oversees the identification, measurement and management of the Association’s principal risks, and the implementation of policies and standards for monitoring and mitigating those risks
      • Proposes auditors for the Association.
    2. Membership: Five members, two of whom are Board members and one of whom is a Finance Committee member. Members of the Committee other than the Board member and Finance Committee member serve a two-year term. The Board member may be appointed for a second term, provided they are still a Board member. The Finance Committee member may be appointed for a second term, provided they are still a Finance Committee member.
    3. Qualifications:
      Financial literacy, namely experience with or understanding of:
      • financial statements and accounting standards for large, not-for-profit organizations with complex accounting issues
      • general application of accounting standards for estimates, accruals and reserves
      • internal control over financial reporting
      • the audit committee’s functions.Knowledge of or experience in identifying, assessing and managing risk exposures of large, not-for-profit organizations.
  2. Finance Committee
    1. Responsible to the Board of Directors, the Finance Committee:
      • Develops financial policies
      • Reviews consolidated budgets and financial statements
      • Reviews, monitors and advises Board on financial health for entire Association; implements Board-approved steps to ensure same.
      • (Repealed, Board, 29 Nov 2022, in effect 1 Sep 2023)
      • Oversees the work of its subcommittees and task forces and reports to the Board on their work
    2. Membership: Seven members, including three Board members, one representative of the small Branches appointed by them, one representative of the mid-size Branches appointed by them, one representative of the large Branches appointed by them, and one CCCA representative appointed by the CCCA Executive Committee. A Board member is Chair of the Committee. Members of the Committee other than the Board members serve a two-year term. The Board members may be appointed for a second term, provided they are still a Board member.
    3. The small Branches are Newfoundland and Labrador, Northwest Territories, Nunavut, PEI and Yukon. The mid-size Branches are Manitoba, New Brunswick, Nova Scotia, Quebec and Saskatchewan. The large Branches are Alberta, British Columbia and Ontario.
    4. Qualifications:
      • Knowledge of Association structures.
      • Financial literacy, namely experience with or understanding of financial statements and accounting standards for large not-for-profit organizations with complex accounting issues.
      • Knowledge of financing and funding issues for large not-for-profit organizations
      • Knowledge of or experience in identifying, assessing and managing risk exposures of large not-for-profit organizations.
  3. Governance and Equity Committee
    1. Responsible to the Board of Directors, the Governance and Equity Committee:
      • Reviews the overall governance of organization and recommends changes when required, including the development of effective and transparent bylaws, regulations, policies and procedures
      • Ensures the integrity and cohesion of the Bylaws and Regulations in English and French, and advises on governance issues and questions of interpretation of the Bylaws and Regulations
      • Is accountable for implementation of equity policy and actual diversity across the Association
      • Defines, proposes and manages annual Board self-evaluation process
      • Defines and proposes criteria for Board members
      • Manages elections to the Board; analyses applications for completeness, including law society checks
      • Reviews Policy Committee composition, selection criteria and process in consultation with National Sections
      • Reviews Audit and Risk Committee and Finance Committee composition and selection criteria
      • Reviews human resources policies and practices
      • Defines, proposes and manages the selection and performance evaluation processes of the Chief Executive Officer
      • Determines and manages dispute resolution processes within governance bodies and between governance bodies and staff
      • Selects recipients of and administers the Viscount Bennett Fellowship, Hnatyshyn Award for Law, St-Laurent Award of Excellence and other awards referred by the Board
      • Oversees the work of its subcommittees and task forces and reports to the Board on their work.
    2. Membership: Eight members, five of whom are Board members. The Vice President is Chair of the Committee. Members of the Committee other than the Board members serve a two-year term. The Board members may be appointed for a second term, provided they are still a Board member.
    3. Qualifications:
      • Knowledge of Association structures
      • Knowledge of governance issues in large, diverse, member-driven, not-for-profit organization
      • Experience on board of other large not-for-profit organizations
      • Experience in developing and interpreting relevant legislation, bylaws and internal governance policies
      • Ability to support and initiate change, while helping others deal with the transition.
      • Ability and experience in equity issues through:
        • An understanding of the Association’s mandate and history in relation to equity initiatives
        • Involvement with equity initiatives at in a branch of the Association or workplace
        • Solid knowledge of equity issues and related legislation, jurisprudence, procedural justice, theory and practices
        • Knowledge of challenges faced by members of equity-deserving groups coming into contact with the justice system, or in the legal profession
        • Knowledge of or involvement in initiatives undertaken in other equity-deserving organizations
      • At least one member of the Committee must be a francophone and at least one member must be an anglophone. At least one member of the Committee must practise law in the province of Quebec. Two of the criteria may be met by the same member. (Board, 18 Jan 2024)
  4. Policy Committee
    1. Responsible to the Board of Directors, the Policy Committee:
      • Recommends policy-related priorities to the Board.
      • Engages volunteers for task forces as necessary.
      • Develops, approves or recommends policy positions, working with Sections, subcommittees and task forces.
      • Recommends to the Board on intervention proposals.
      • Oversees process for resolutions for debate at a General Meeting
      • Oversees the work of its subcommittees and task forces and reports to the Board on their work
      • “Policy” for this committee means positions of the Association dealing with law, administration of justice and public interest.
    2. Membership: Nine members, two of whom are Board members and four of whom are current or past members of Section Executives. A Board member is Chair of the Committee. Members of the Committee other than the Board members serve a two-year term. The Board members may be appointed for a second term, provided they are still a Board member. 
    3. Qualifications:
      • Experience in the law reform or government relations work of a Section (national or branch).
      • Experience in policy development, law reform, test case development or government relations.
      • Ability to understand and evaluate complex ideas and information and to exercise sound judgment in making decisions.
      • Ability to foster open communications.
      • Ability to comprehend written documents in English and French an asset. (Board; 9 Jan 2018, 8 Mar 2018, 21 Jun 2018, 24 Jan 2022, 29 Nov 2022, 8 Feb 2023 in effect 1 Sep 2023, 18 Jan 2024)

VI Subcommittees and Task Forces

16. Subcommittees of the Finance Committee

  1. The Investment Steering Subcommittee:
    • advises the Finance Committee, and through it the Board, as well as the Boards of related corporations, on the strategic investment of the funds of the Association and related corporations.
    • executes the applicable Board-approved investment strategy.
      1. Membership: Three members, including the Chair of the Finance Committee who will chair the Subcommittee.
      2. Qualifications:
        • Understanding of investment principles and practices, and of fiduciary duties in an investment context.
        • Experience as a member of a board or committee that manages the investment of other people's funds.
  2. (Repealed, Board, 29 Nov 2022, in effect 1 Sep 2023)

17. Subcommittees of the Governance and Equity Committee

  1. The Equity Subcommittee is dedicated to achieving equity in the legal profession, in particular on the basis of sex, gender, sexual orientation, gender identity, race, national or ethnic origin, colour, religion, language, age or disability. The Subcommittee:
    • promotes awareness of equity issues in the profession and ways to eliminate discrimination;
    • develops resources to assist the profession in achieving equity;
    • monitors the status of equity and diversity in the profession.
      1. Membership: Eight members, two of whom are Board members with experience in equity issues, and one of whom is a member of the Policy Committee. Members of the Subcommittee other than the Board members and Policy Committee member serve a two-year term. The Board members and Policy Committee member may be appointed for a second term, provided they are still a Board member or Policy Committee member.
      2. Qualifications: Ability and experience in equity issues through:
        • an understanding of the Association’s mandate and history in relation to equity initiatives
        • involvement with equity initiatives at in a branch of the Association or workplace
        • solid knowledge of equity issues and related legislation, jurisprudence, procedural justice, theory and practices
        • knowledge of challenges faced by members of equity-deserving groups coming into contact with the justice system, or in the legal profession
        • knowledge of or involvement in initiatives undertaken in other equity-deserving organizations
  2. The Sections Subcommittee:
    • assists with coordination and communications amongst Sections, and between Sections and the Board of Directors, the Finance Committee, the Management Team and other CBA entities;
    • consults with and brings the perspective of Sections to the Leadership Forum; and
    • oversees appointments to the Bench and Bar Committees for the Federal Courts and Tax Court.
      1. Membership: Five members
      2. Qualifications: Experience in oversight of Sections or in leading a national or branch section.
  3. The Well-being Subcommittee:
    • identifies priorities, projects and initiatives for the legal profession on mental health and wellness;
    • enhances awareness of mental health and wellness issues in the legal profession;
    • develops programming, professional development and resources to assist and support the legal community in identifying and dealing with issues related to mental health and wellness;
    • supports Lawyer Assistance Programs across the country.
      1. Membership: 10 members, including one Board member, one member appointed by the Judges Section, one member appointed by the Canadian Bar Insurance Association and, where possible, one person from each of seven regions (British Columbia; Alberta; Nunavut, Northwest Territories and Yukon; Saskatchewan and Manitoba; Ontario; Quebec; and the Atlantic Provinces). A majority of subcommittee members must be CBA members.
      2. Qualifications:
        • Experience in or knowledge of:
          • issues relating to mental health and wellness affecting the legal profession
          • provincial and territorial Lawyer Assistance Programs and delivery of services at the local level
          • national and global trends in mental health and wellness issues
        • Interest in developing resources and programming to assist the legal profession in maintaining a healthy and balanced lifestyle. (Board; 9 Jan 2018, 8 Mar 2018, 30 Apr 2018, 21 Feb 2020, 31 May 2022, 18 Jan 2024)

18. Subcommittees of the Policy Committee

  1. The Access to Justice Subcommittee:
    • Coordinates and integrates activities of the Association to improve and promote access to justice for the poor and middle class in Canada;
    • facilitates information sharing about legal aid and pro bono across Canada:
    • liaises with legal aid and pro bono organizations and CBA groups
      1. Membership: Five members
      2. Qualifications: Experience in issues relating to access to justice, through
        • delivery of legal aid services,
        • activity in legal aid or pro bono policy or research,
        • participation in a pro bono law organization,
        • knowledge of public legal education,
        • knowledge of Aboriginal issues in the Canadian legal system, or
        • knowledge of poverty law issues
  2. The Ethics and Professional Responsibility Subcommittee fosters ethical and professional conduct and standards in the legal profession. It studies issues relating to ethics and professional responsibility and develops practice tools to assist lawyers in fulfilling their professional responsibilities.
    1. Membership: Five members
    2. Qualifications: Knowledge of practical application of rules of professional conduct for the legal profession, or ethical and disciplinary issues in other regulated professions.
  3. The Judicial Issues Subcommittee addresses policy issues relating to judicial appointments, compensation, discipline and independence.
    1. Membership: Five members
    2. Qualifications: an understanding of principles of judicial independence through experience in judicial issues such as appointment processes, education, discipline processes, compensation commissions.
  4. The Law Reform Subcommittee:
    • pursues improvement in law and administration of justice that reflects the Association’s commitment to the rule of law, the Charter of Rights and fundamental human rights.
    • reviews all Association submissions to government and Parliament.
    • promotes law reform priorities for the Association.
      1. Membership: Five members
      2. Qualifications: Experience in or knowledge of:
        • policy development, law reform, test case development or government relations
        • Rule of Law, Charter of Rights and fundamental human rights.
        • Interest in emerging issues of law outside usual area of practice
  5. The Legal Futures Subcommittee has an ongoing mandate to prepare the profession for the future.
    1. Membership: Five members, at least one of whom is a young lawyer and at least one of whom is a law student.
    2. Qualifications
      • Knowledge of national and global trends and issues for the legal profession.
      • Innovative thinking in the face of change.
      • Experience in innovative approaches to law practice or client service.
      • Ability to foresee long-term implications of approaches that are not readily apparent.
  6. The Supreme Court of Canada Liaison Subcommittee serves as a link between the Court and the Bar. It consults with National Sections and SCC counsel on issues that the Court and Bar may raise for review. 
    1. Membership: Five members
    2. Qualifications: Experience in Supreme Court of Canada or other appellate advocacy, or in SCC agency work.

VII Appointments to Board Committees, Subcommittees and Task Forces

19. Appointments to Board Committees, Subcommittees and Task Forces

  1. The Board of Directors will assign Board members to Board Committees, Subcommittees and Task Forces as it sees fit.
  2. Board Committee, Subcommittee and Task Force Chairs and members not otherwise designated in the Bylaws or Regulations will be appointed as follows::
    1. The Chief Executive Officer will publish an open call to all eligible members of the Association to apply for vacant positions on Board Committees, Subcommittees and Task Forces.
    2. The Governance and Equity Committee may recruit candidates who meet the qualifications and demographics identified for each Committee, Subcommittee and Task Force.
    3. A completed application must be received by the Chief Executive Officer on or before April 30.
    4. Where April 30 falls on a Saturday, Sunday or statutory holiday, the deadline for filing is the first following business day.
    5. The Governance and Equity Committee, the Board Committee Chairs and the Chief Executive Officer will review the applications, taking into account the diversity of the legal profession and the qualifications and demographics identified for each Committee, Subcommittee and Task Force, and make its recommendations to the Board.
    6. The Board will appoint the chair and members of the Board Committees, Subcommittees and Task Forces, taking into account the diversity of the legal profession and the qualifications and demographics identified for each Committee, Subcommittee and Task Force.
  3. A Branch President and any member of a Branch Executive in a position that automatically succeeds to the Branch presidency are not eligible to sit on a Board Committee. (Board; 28 Sep 2018, 18 Jan 2024)

VIII Branches

20. Meetings

Each Branch shall meet annually at a time and place specified by the Branch Executive Committee. Special meetings of the members of a Branch may be called at a time and place specified by the Branch Executive Committee. The meetings have all the powers for the organization of the Branch and the conduct of its business and affairs within the jurisdiction as Annual and Special Meetings of the Association have for the organization and the conduct of the business and affairs of the Association, except to the extent that those powers are limited by or under authority of the Bylaws of the Association.

21. Branch Council

  1. The Branch Council consists of:
    1. elected members of the Branch Council;
    2. chairs of Branch Sections;
    3. the President of each Law Students Association in the jurisdiction, or another representative as the Branch may decide, being a Student Member of the Association;
    4. other members of the Association as the Branch or the Branch Council may appoint by a resolution.
  2. A Student Member who is a member of a Branch Council is entitled to vote at meetings of the Branch Council.
  3. The requirements of this section apply to a Branch only to the extent the numbers and organization of the Branch make them practicable.

22. Quorum

The quorum for a meeting of the Branch Council is five members or a greater number determined by the Branch Bylaws.

23. Branch Officers and Executive

  1. The Branch Officers are:
    1. the President of the Branch;
    2. the Vice President of the Branch, who assumes the duties of the President in the President’s absence or inability to act.
    3. the Secretary and Treasurer, or the Secretary-Treasurer;
    4. such other officers as may be appointed
  2. Executive Committee
    The Branch Executive Committee consists of the Branch officers and the Immediate Past President. Subject to the authority of the Branch Council, the Branch Executive Committee has the same powers for matters strictly in its jurisdiction as the Board of Directors has for matters affecting the Association as a whole.
  3. The Branch Executive Committee reports to each meeting of the Branch Council and the Branch.
  4. Each Branch Executive Committee shall meet for the conduct of business and may adjourn and otherwise regulate its meetings as may be determined by the Bylaws of the Branch.
  5. Vacancy
    Any vacancy in the Branch Council or Branch Executive Committee shall be filled by the Council or by the members of the Branch in conformity with the Regulations of the Branch, and in the interim may by filled temporarily by the Branch Executive Committee.

IX Resolutions

24. Resolutions Process

The Policy Committee manages the resolutions process and facilitates the debate of resolutions at a General Meeting. (Board; 21 Jun 2018)

25. Form of Resolutions

  1. Resolutions proposed for debate by members at a General Meeting or otherwise shall not exceed 300 words and shall take the following form:
    1. the preamble (if any), giving concise, factual information about the nature of the problem or reason for the action being requested; and
    2. a resolving clause, clearly outlining the action to be taken.
  2. Resolutions shall be accompanied by background information to assist deliberations and a proposed implementation plan which shall include:
    1. the estimated cost of implementation;
    2. the name and address of the person(s) in the proposing group who will help the Board to implement the resolution;
    3. an implementation calendar which identifies the steps to be taken to implement the resolution and suggests deadlines to accomplish each step;
    4. an indicator of success, identifying the practical result which, if achieved, will show that the resolution has been successfully implemented;
    5. the group(s) proposing the resolution and the group(s) who will be directly affected by its implementation.
  3. The Policy Committee may revise proposed resolutions to make them clear, concise and factual.
  4. The Policy Committee may revise, limit or distribute background information submitted with a draft resolution, and distribute or refer to other materials that will assist fair and informed deliberations.
  5. Amendments to be proposed to any resolution at a General Meeting shall be given to the Chief Executive Officer not later than 15 days before the commencement of the meeting at which the resolution is to be presented. Amendments not given to the Chief Executive Officer by the deadline may still be considered at a General Meeting if the person chairing the debate of resolutions agrees. (Board; 21 Jun 2018)

26. Authorization

  1. The Policy Committee may, if it is of the opinion that the subject matter of a resolution is inappropriate for consideration at a General Meeting or its form is in need of more revision than the Committee is prepared to provide, refer the resolution back to the proposed mover and seconder with its reasons for that action, or may refer a resolution to one or more National Sections for further study.
  2. The Policy Committee may, if it is of the opinion that consideration of a resolution at the meeting at which it is first put forward would not allow sufficient time to review adequately the issues raised, having regard to the complexity and length of the resolution and any accompanying documentation, recommend to the General Meeting that the resolution be tabled for consideration at the meeting following that for which it was put forward.
  3. The Policy Committee shall report to a General Meeting session on all resolutions it has approved for consideration at that meeting, all resolutions referred back pursuant to paragraph 26(1) with its reasons for the referrals, and all resolutions it recommends tabling pursuant to paragraph 26(2).
  4. A resolution tabled in accordance with paragraph 26(2) is referred to the Policy Committee for further study, unless otherwise ordered at the General Meeting.
  5. The resolutions shall be considered and voted on in any session during the General Meeting.
  6. Finance Committee Review
    1. All resolutions, other than those proposed from the floor at a General Meeting, shall be circulated to the Finance Committee for review.
    2. Following that review, the Finance Committee shall advise the Policy Committee on whether implementation of the proposed resolution can be accommodated in the Association's budget.
    3. The Finance Committee's conclusions on each proposed resolution shall be included with the resolutions if received by the Policy Committee before publication of the resolutions.
    4. A resolution proposed from the floor at a General Meeting shall be reviewed by the Chair of the Finance Committee at the time the resolution is proposed. The Chair shall advise the whether the resolution can be accommodated in the budget. (Board; 21 Jun 2018)
      1. Resolutions proposed for debate by members at a General Meeting or otherwise shall not exceed 300 words and shall take the following form:
        1. the preamble (if any), giving concise, factual information about the nature of the problem or reason for the action being requested; and
        2. a resolving clause, clearly outlining the action to be taken.
      2. Resolutions shall be accompanied by background information to assist deliberations and a proposed implementation plan which shall include:
        1. A resolution tabled in accordance with paragraph 26(2) is referred to the Policy Committee for further study, unless otherwise ordered at the General Meeting.
        2. The resolutions shall be considered and voted on in any session during the General Meeting.
        3. Finance Committee Review
          1. All resolutions, other than those proposed from the floor at a General Meeting, shall be circulated to the Finance Committee for review.
          2. Following that review, the Finance Committee shall advise the Policy Committee on whether implementation of the proposed resolution can be accommodated in the Association's budget.
          3. The Finance Committee's conclusions on each proposed resolution shall be included with the resolutions if received by the Policy Committee before publication of the resolutions.
          4. A resolution proposed from the floor at a General Meeting shall be reviewed by the Chair of the Finance Committee at the time the resolution is proposed. The Chair shall advise the whether the resolution can be accommodated in the budget. (Board; 21 Jun 2018 

X Awards and Fellowships

27. Purpose

  1. The purpose of the Viscount Bennett Fellowship is to encourage a high standard of legal education, training and ethics as set out in the objects of the Association.
  2. The purpose of the Ramon John Hnatyshyn Award for Law is to recognize outstanding contribution to the law or to legal scholarship in Canada.
  3. The purpose of the Louis St-Laurent Award of Excellence is to recognize distinguished or exceptional service to the goals of the Association..

28. Rules

  1. The Governance and Equity Committee may establish and publish terms and conditions for the awards and the Fellowship(s).
  2. If in the opinion of the Committee in any year, sufficient funds are available from the income of the trust established for the Viscount Bennett Fellowship, the Committee may either adjust the value of the Fellowship or award more than one Fellowship in that year.
  3. If in any year the Committee in its discretion considers that no candidate should be recommended for the Viscount Bennett Fellowship or any individual award, the Committee's decision in that regard shall be final and no Fellowship or award shall be granted.
  4. The Committee shall report its recommendations on all awards and fellowships to the Board of Directors.
  5. In the case of the Viscount Bennett Fellowship, expenses relating to solicitation of candidates (including the costs of printing applications forms and advertising for candidates) and processing applications (including the expenses of candidates in attending interviews the Committee may reasonably require to make its decision) shall be an appropriate charge on the income from the trust fund. (Board, 18 Jan 2024)