Part VI – Education and Bar Admission Rules

Composition and structure of education committee

6.01 (1) There is hereby established and continued as a committee of the society, a committee known as the “education committee,” consisting of seven members of the society, five appointed by the benchers. The vice-president and the chair or vice-chair of the bar admission committee are ex officio members of the committee.

(Amended: Rule 6.01(1) Special Term Convocation, December 2, 1991, Amended: Rule 6.01 Summer Term Convocation, June 6, 2003)

(2) The chair of the education committee shall be a bencher.

(3) A person shall not be precluded from serving as a member of the education committee because he or she is a bencher.

(4) A quorum for meetings of the education committee shall be three (3).

Duties of education committee

6.02 Without limitation of the duties and responsibilities of the education committee set forth in the Act, the duties and responsibilities of the education committee shall be:

(a) to perform and discharge the duties imposed on it by section 35 of the Act;

(b) to regulate, develop and set standards for the admission to the society of persons as students and members;

(c) through the bar admission committee to regulate, develop and conduct a bar admission course which, subject to section 35(5) of the Act, all prospective members of the society shall be required to attend;

(d) through the bar admission committee, to develop, set and administer examinations testing the suitability of candidates for enrollment in the society as members;

(e) to advise and recommend to benchers generally, with respect to the educational, academic, moral and other qualifications required of members of the society;

(f) to set standards for, and to implement programs relating to continuing legal education for members;

(g) to administer Part VI of these rules;

(h) to perform such other functions as may from time to time be assigned to it by benchers.

Admission and enrollment of students

6.03 (1) The education committee may approve the admission of a person as a student where that person proves to the education committee’s satisfaction and in accordance with the rules that the person:

(a) is of good character and reputation; and

(b) (i) is receiving or has received a degree in common law, in an approved program, from a university in Canada recognized by the education committee; or

(ii) has received a Certificate of Qualification from the National Committee on Accreditation.

(c) has completed the required application forms and provided all documentation and information required by the education committee;

(d) has applied for admission as a student and provided the required application forms, including:

(i) An application for admission as a student in form 6.03A

(ii) Application for enrollment as a student (Applicant’s Questionnaire) in form 6.03B

(iii) Two completed sponsor’s questionnaires in form 6.03C; and

(iv) Executed Articles of Clerkship as required by rule 6.05A

(e) has, where required by the Act, Rules or the education committee, bound himself or herself to Articles of Clerkship with a member in accordance with these Rules;

(f) has paid such admission fees as may be fixed from time to time by Benchers;

(g) has satisfied any other requirements of the education committee.

(Amended: Rule 6.03(1)(b) Summer Term Convocation, June 7, 2013)

(2) The education committee may approve the enrollment of a person admitted as a student under rule 6.03(1) where the person proves to the education committee’s satisfaction and in accordance with the rules that the person:

(a) continues to be of good character and reputation;

(b) is 19 years of age or over;

(c) has served Articles of Clerkship for a period totaling at least one year or such other period prescribed by the education committee;

(d) has attended and successfully completed the Bar Admission Course and the examinations as prescribed by the education committee;

(e) has completed the required application forms and provided all documentation and information required by the education committee; and

(f) has satisfied any other requirements of the education committee.

(Amended: Rule 6.03(1&2) Summer Term Convocation, June 9, 2007)

(3) An applicant for admission as a student shall satisfy the national requirement approved by the Task Force on the Canadian Common Law Degree, as revised from time to time.

(Amended: Rule 6.03(3) Summer Term Convocation, June 7, 2013, and effective January 2015)

(Repealed: Rule 6.03(4)(5)&(6) Summer Term Convocation June 7, 2013, and effective January 2015)

Appeal from denial of admission as student

6.04 (1) An applicant who has been denied admission as a student may appeal the decision of the education committee to benchers.

(2) The appeal shall be in writing signed by the applicant stating the grounds of appeal and shall be delivered to the vice-president of the society within thirty days of the applicant having been notified in writing of the decision of the education committee.

(3) Upon being notified of an appeal, the vice-president shall request a report in writing from the education committee outlining the reasons for refusing admission to the applicant and shall provide a copy of same to the applicant, who shall be afforded an opportunity to reply thereto in writing.

(4) An appeal shall be heard by benchers not later than the next regularly scheduled meeting of benchers following receipt by the secretary of the report from the education committee referred to in sub-section (3).

(5) Benchers shall permit the appellant and his or her counsel to appear before them and present oral argument if such request is filed in writing with the vice-president at least three (3) working days prior to the meeting of benchers at which the appeal is scheduled to be heard.

(Amended: Rule 6.04 (2, 3, 4 & 5) Summer Term Convocation, June 6, 2003)

Service of articles

6.05 (1) Except where a student may otherwise be exempted pursuant to the Act or by the education committee, the student shall serve a period of time (“articling period”) totalling, in aggregate, one (1) year or for such lesser period or periods as may be prescribed by the Act or required by the education committee as an articled clerk under articles of clerkship (“articles”) with one or more practising members of the society (“principal”).

(Amended: Rule 6.05 (1) Special Meeting, December 20, 1990)

(2) The articling period shall be spent by the student:

(a) in service to the principal, or

(b) with the approval of the education committee,

(i) as a law clerk of a judge of any division of the Supreme Court of Newfoundland and Labrador, the Court of Appeal of Newfoundland and Labrador, the Federal Court (Canada), the Federal Court of Appeal (Canada), and/or the Supreme Court of Canada for a total period of time not exceeding six (6) months, or as a law clerk of a judge of the Tax Court of Canada for a total period of time not exceeding three (3) months; and

(ii) in service to the principal for the rest of the articling period.

(Amended: Rule 6.05(2) Winter Term Convocation, January 27, 1992)

(3) Credit towards completion of an articling period may be given by the education committee for a maximum of three months service of articles following completion of the second year at law school, and in the case of combined degree programmes or part-time programmes, following completion of the equivalent of second year at law school.

(4) A continuous period of at least nine months of the total articling period shall be served by a student after meeting all of the requirements of the law school which entitle the student to graduate.

(5) Benchers may in special circumstances and on the recommendation of the education committee vary or abridge the requirements in Rules 6.05(3) and (4) for a particular student.

(6) Subject to sub-section (7) a member shall not serve as a principal unless he or she shall have been a member of the society and in full-time practice in the province for the previous five (5) years and shall not at any point in time have more than three (3) persons bound by articles to him or her.

(7) Any member who does not qualify as a principal pursuant to sub-section (6) but who wishes to serve as a principal may request the education committee in writing for permission to serve as a principal, stating the reasons why that member believes he or she is nevertheless qualified to provide to his or her prospective student the necessary experience and instruction that a period of articles requires, and the education committee may, in its discretion, grant or refuse such request.

(8) Articles shall:

(a) be in writing signed by the student and the principal;

(b) be in form 6.05A with only such variations thereto as the circumstances require and the education committee may approve;

(c) be filed with the education committee at the time of filing an application for admission as student.

(9) An assignment of articles from one principal to another shall:

(a) be in writing signed by the assignor-principal, the assignee-principal and the student;

(b) be in form 6.05B with only such variations as the circumstances require and the education committee may approve;

(c) be filed with the vice-president of the society forthwith following execution.

(10) Each student shall keep a record of the dates of his or her service of articles and shall notify the vice-president in writing within three weeks after commencing or recommencing service of articles, and three weeks prior to completion of the articling period. The education committee may refuse credit for a student for completion of all or a part of the articling period in the event of the failure of the student to comply with this Rule 6.05(10).

(Amended: Rule 6.05 (9c & 10), Summer Term Convocation, June 6, 2003)

(Amended: Rule 6.05 (2)(b)(i), Fall Term Convocation, September 28, 2018)

Responsibilities of principals and students

6.06 (1) Every principal shall, during the term of articles, provide or cause to be provided to his or her articled clerk such instruction and experience in the practice and profession of a solicitor in such subjects and areas of practice as may from time to time be determined by the education committee as being necessary to qualify a student for enrollment as a member.

(2) Every articled clerk shall:

(a) faithfully and diligently serve his or her principal as articled clerk in the practice or profession of a solicitor during the term of articles;

(b) perform such tasks as the principal may lawfully and reasonably require in the course of the practice of law;

(c) not be absent from the practice of his or her principal without the consent of his or her principal and in any event absences for periods in excess of one (1) week or for an aggregate period of more than four (4) weeks must be approved by the education committee; and

(d) devote his or her full time and energy to the practice of his or her principal and not engage in any vocation or business endeavour without the consent of his or her principal and the approval of the education committee.

(3) Every articled clerk shall at all times act in good faith towards his or her principal and shall keep in confidence and shall not reveal to any other person, except as required by law or by these rules, any information pertaining to his or her principal’s affairs and the affairs of his or her principal’s partners, associates any professional law corporation through which the principal carries on the practice of law, its directors, officers and shareholders and the clients of any of them.

(Rule 6.06(3):Amended Summer Term Convocation, June 10, 2005)

(4) Where an articled clerk proposes to be absent, or has been absent from the practice of his or her principal for a period greater than that permitted by sub-section (2)(c) or proposes to engage in, or has engaged in, any other vocation or business endeavour during his or her term of articles and has obtained his or her principal’s consent thereto, he or she shall forthwith notify the education committee thereof and the education committee, following such notification or if it becomes aware of same by other means, may, in its discretion:

(a) dispense with compliance with sub-sections (2)(c) or (2)(d) for such period or periods as it deems appropriate either unconditionally or upon condition that the terms of Articles be extended; or

(b) refuse any such dispensation.

(5) Every student shall during his or her period of articles be required, as a condition of enrollment as a member of the society, to study and participate in the following subject areas:

i) probate and administration

ii) criminal trial

iii) real estate closing, including providing mortgage security

iv) incorporation of a business

v) tort action and settlement

vi) landlord and tenant

vii) family law

and, in addition shall study and participate in such other areas of law as may be determined from time to time by the education committee.

(6) Where the law practice of a principal does not provide an opportunity to his or her student for exposure to one or more of the subject areas listed in Rule 6.06(5), the principal shall make such arrangements as may be necessary to place the student temporarily under the guidance of another member in a law practice where the student will gain the exposure to those subject areas which the student is unable to obtain from his or her principal.

(7) Arrangements made pursuant to Rule 6.06(6) shall not require an assignment of Articles.

Education plan, compliance and evaluation of articles

6.06A (1) In addition to the Articles of Clerkship (Form 6.05A), the principal and student shall file an Education Plan in Form 6.06A(1) with the education committee which shall provide, as a minimum, that the student should acquire

(a) a reasonable knowledge of substantive law and procedure in all of the following practice areas:

Real Estate
Civil Practice and Procedure
Criminal Practice and Procedure
Family Law
Corporate and Commercial Law
Wills and Estates
Administrative Law
Tort Law
Labour and Employment Law; and

(b) reasonable knowledge of skills in all of the following skills areas:

Professional Conduct and Legal Ethics
Interviewing
File and Practice Management
Advising
Fact Investigation
Legal Research
Problem Analysis
Advocacy
Office Systems
Drafting
Negotiation
Planning and Conduct of a Matter

(2) The Education Plan in Form 6.06A(1) shall be filed with the education committee within one month after commencement of articles.

(3) The education committee may, in circumstances it considers appropriate,

(a) approve that areas of practice and skills in addition to those listed in 6.06A(1) be included in an Education Plan,

(b) modify the requirement for compliance with any subsection of Rule 6.06A;

(c) grant extensions of time for compliance with any subsection of Rule 6.06A.

(4) When a principal is unable to comply with a requirement of the Education Plan, the principal and student may agree to temporarily transfer the student to another member of the Society for the purpose of compliance.

(5) In the event of a transfer under subsection 6.06A(4), the principal shall consult directly with the other member of the Society to ensure that the referred areas of practice and skills have been adequately covered.

(6) When, through no fault of a student, the Education Plan cannot be satisfactorily completed with an existing principal, the education committee may alter the Education Plan or make special allowances in such circumstances as it considers just to enable completion of the articles, as long as in making such allowance the integrity of the articles is not compromised.

(7) Where there has not been compliance with a part of the Education Plan, or where it appears to the education committee that insufficient progress is being made, the student and principal may be directed by the education committee to take immediate steps to assure compliance by the end of the articling period.

(8) A principal and a student shall jointly complete and file with the education committee an Education Plan Progress Report in Form 6.06A(8), not earlier than six months and not later than eight months from the commencement date of Articles by the student.

(9) At or near the completion of the Articling period, and before a student can be considered for admission to the Society as a Barrister and Solicitor, a student and principal shall jointly complete and file with the education committee a Certification of Completion of Education Plan in Form 6.06A(9).

(10) After the completion of 10 months of Articles and no later than 30 days before a student is called to the Bar, and before a student can be considered for admission to the Society as a Barrister and Solicitor, the student shall file with the education committee an Articles Evaluation in Form 6.06A(10)(a) and the principal shall file with the education committee an Articles Evaluation in Form 6.06A(10)(b) .

(Adopted: Rule 6.06A, Winter Term Convocation, January 29, 2001)

Bar admission committee

6.07 (1) There is hereby established and constituted, as a sub-committee of the education committee, a committee known as the “bar admission committee” consisting of a chairperson, who shall be appointed by benchers at the first meeting of benchers following the publication of the results of the bar admission examinations, or supplementary examinations, if required, in each year, and such other members as hereinafter provided.

(2) The size and composition of the bar admission committee shall be determined by the chair of the bar admission committee in consultation with the education committee.

(3) A quorum for meetings of the bar admission committee shall be a number equal to fifty (50%) percent of the total membership of the bar admission committee or the next higher whole number, as the case may be.

Responsibilities of bar admission committee

6.08 Subject to the direction of the education committee and these regulations, the bar admission committee shall:

(a) develop, revise from time to time, and offer at least once every calendar year, a course of instruction in such matters relating to Newfoundland and Labrador law, practice and procedure and Canadian law, practice and procedure applicable in Newfoundland and Labrador, as the bar admission committee deems appropriate, and which students shall be required to take as a condition of enrollment as a member of the society;

(b) develop and prepare such materials, manuals and instruction texts as the bar admission committee deems appropriate, for use in any bar admission course offered by the bar admission committee;

(c) engage instructors to participate in the bar admission course and to prepare and revise any materials relating thereto;

(d) prepare, set, administer and mark examinations on such subjects relating to Newfoundland and Labrador law, practice and procedure and Canadian law, practice and procedure applicable in Newfoundland and Labrador as the bar admission committee deems appropriate, and which candidates for admission to the bar shall be required to pass as a condition of enrollment as a member of the society;

(e) report to the education committee as to the results of the bar admission examinations; and

(f) prepare, set, administer and mark such supplementary bar admission examinations as may be required under these regulations.

(Amended: Rule 6.08 (a),(d), Fall Term Convocation, September 28, 2018)

Bar admission course

6.09 (1) Subject to section 35(5) of the Act, every candidate for enrollment as a member of the society shall, as a condition of enrollment, take and participate in a course of instruction (herein the “bar admission course” relating to Newfoundland and Labrador law, practice and procedure and Canadian law, practice and procedure applicable in Newfoundland and Labrador at such time and place(s) and in such subjects as may from time to time be determined by the bar admission committee, subject to the direction of the education committee.

(2) The principal of a student shall allow that student time off from his or her duties to enable the student to participate in the bar admission course, the bar admission examinations, and such period to study for such examinations as the bar admission committee shall determine appropriate and the time so spent shall nevertheless be included in the student’s articling period.

(Amended: Rule 6.09(2) Summer Term Convocation, June 4, 1990)

(3) The bar admission committee shall determine the subjects to be covered in the bar admission course and the time and location of its offering each year and shall notify each eligible student in writing of such matters at least sixty (60) days in advance of commencement of the bar admission course or, for individuals who are admitted as students within sixty (60) days of the commencement of the bar admission course, immediately following their admission.

(4) Benchers may from time to time set and charge such fees as may be appropriate to be paid by each person taking the bar admission course.
(Amended: Rule 6.09(1),(3), Fall Term Convocation, September 28, 2018)

Bar admission examinations

6.10 (1) Subject to section 35(5) of the Act, every candidate for enrollment as a member of the society shall, as a condition of enrollment, write and pass such examinations (herein the “bar admission examinations”) relating to: (i) Newfoundland and Labrador law, practice and procedure, and (ii) Canadian law, practice and procedure applicable in Newfoundland and Labrador at such time or times and place or places as may from time to time be determined by the bar admission committee, subject to the direction of the education committee.

(2) Subject to the direction of the education committee, the bar admission committee shall determine the subjects, content, and form of the bar admission examinations and shall notify each student in writing of such matters at least sixty (60) days in advance of the commencement of the bar admission course or, for individuals who are admitted as students within sixty (60) days of the commencement of the bar admission course, immediately following their admission.

(3) Any student, who because of physical disability or other difficulty, is unable to write the bar admission examinations or participate in the bar admission course in the format stipulated by the bar admission committee shall notify the Director of Legal Education in the manner set out in the Policy and Procedures for Accommodations in the Bar Admission Course, a copy of which shall be provided to every student upon their admission. All decisions with respect to accommodations in the bar admission course shall be made in accordance with the provisions of the Policy and Procedures for Accommodations in the Bar Admission Course and shall not be subject to appeal or review.

(Amended: Rule 6.10(1)(2)(3), Fall Term Convocation, September 28, 2018)

Marking examinations

6.11 (1) The bar admission committee shall cause the bar admission examinations written by each student to be assessed and marked by one or more members of the society (herein the “examiners”) who shall report the results of that assessment and marking to the bar admission committee).

(2) Marks for each examination shall be expressed as a percentage of 100 and rounded to the nearest 0.5.

(3) A student shall be deemed to have passed the bar admission examinations, where he or she:

(a) received a mark of at least 60% in each bar admission examination which he or she was required to write; and

(b) received at least 65% of the aggregate marks obtainable for all of the bar admission examinations which he or she was required to write.

(4) The bar admission committee shall cause each bar admission examination which has received a mark of at least 55% and below 60% to be reviewed and remarked to verify the mark assigned and, if warranted, shall assign a different mark.

(Amended: Rule 6.11(4), Spring Term Convocation, April 1, 2002)

(5) Upon being satisfied that the marks assigned to the bar admission examinations properly reflect the results of the bar admission examinations, the bar admission committee shall report the marks in writing to the education committee.

(6) Upon reviewing the examination marks reported to it by the bar admission committee, the education committee shall cause the results of the examinations to be published in such manner and at such time as it deems fit.

(7) Where a student has failed one or more bar admission examinations or has not obtained the minimum aggregate mark for all bar admission examinations as required by sub-section (3), that student may, upon payment to the society of the sum equal to 20% of the total fee paid by that student for participation in the bar admission course for each bar admission examination to be reviewed and remarked (the total of such sums in no event to exceed the total bar admission course fee paid by that student), require the education committee to cause an examiner to review and re-mark one or more of his or her bar admission examinations, provided that the request is made in writing to the Director of Legal Education not later than ten (10) days following the publication of the marks for the bar admission examinations. If on such a review it is determined that the mark originally assigned should be varied, the education committee may confirm such mark as varied. A student may require any bar admission examination to be reviewed and re-marked once only.

(Adopted: Rule 6.11 (3) and (4), Winter Term Convocation, January 24, 2000 to come into force on January 1, 2001)

(Amended: Rule 6.11 (2), (3)(a), (3)(b), (4), (5), (7), Fall Term Convocation, September 28, 2018)

Cheating

6.12 (1) For the purposes of this rule cheating means the taking by a student of unfair advantage with respect to presentation and retention of information required on a bar admission examination that is not available or allowed to other students and, without limitation, includes:

(a) the actions of any student in knowingly assisting any other student to cheat;

(b) the use or possession of crib sheets, electronic devices, or other material not specifically allowed in the examination room while in the examination room or outside the examination room while an examination is in progress; or

(c) becoming aware, even inadvertently, of the contents of all or part of a bar admission examination prior to the time scheduled for the writing thereof and not forthwith informing the Director of Legal Education of that fact.

(2) Where the bar admission committee becomes aware of an allegation of cheating it shall cause an investigation to be undertaken and, if satisfied that a prima facie case exists, shall notify the student accused of cheating in writing, stating the nature of the accusation. The accused student shall be given an opportunity to reply to the charge in writing and to appear, with or without counsel, before the bar admission committee and to confront the evidence existing against him or her.

(3) In conducting a review of an allegation of cheating the bar admission committee shall act in an informal way and in an investigative, rather than an adversarial manner. Upon completion of the review, the bar admission committee shall either immediately, or after reservation of time (not to exceed fourteen (14) days) for consideration, render a decision as to whether the accused student is guilty or not of cheating.

(4) A student who has been found guilty of cheating:

(a) shall be deemed to have failed all of the examinations in that year’s bar admission examinations;

(b) shall be subject to such other penalty, including being struck off the register of students as benchers may prescribe;

(c) may be required to re-take the bar admission course in the following year;

(d) shall not be permitted to write supplementary exams for that year nor to rewrite the bar admission examinations until the following year; and

(e) shall be subject to discipline proceedings in accordance with the Act in the event that the cheating is not discovered until after his or her enrollment as a member of the society.

(Amended: Rule 6.12 (1)(b), (1)(c), Fall Term Convocation, September 28, 2018)

Supplementary examinations

6.13 (1) A student who has failed one or more bar admission examinations or has failed to receive an overall 65% average on all bar admission examinations may be permitted to write supplementary examinations where he or she demonstrates to the satisfaction of the education committee that:

(i) due to illness or other extenuating personal circumstances his or her performance on each bar admission examination for which he or she requests the privilege of writing a supplementary examination was not what could be reasonably expected of him or her if the illness or other extenuating personal circumstance had not been present; and

(ii) he or she brought the existence of the illness or other extenuating personal circumstance to the attention of the invigilator, examiner or a member of the education committee in a timely matter and prior to the publication of the marks for the bar admission examinations.

(Amended: Rule 6.13 (1), Winter Term Convocation, January 29, 2001)

(2) Where a student who has failed is not entitled to write one or more supplementary examinations in accordance with sub-section (1) or does not avail of such opportunity, or does not pass such supplementary examinations that he or she has written, that student shall be thereafter required, as a condition of enrollment as a member, to rewrite the bar admission examinations at the next regularly scheduled time for such examinations as set by the bar admission committee and the education committee may, if it deems appropriate in any case, also require the student to:

(a) re-take the bar admission course;

(b) re-serve all or any period of articles.

(3) An application to write supplementary examinations shall be made in writing to the education committee within twenty (20) days following the publication of the marks for the bar admission examinations and shall be accompanied by such application fee as the education committee may from time to time determine.

(Amended: Rule 6.13 (1)(i), (1)(ii), (3), Fall Term Convocation, September 28, 2018)

Content of supplementary examinations

6.14 (1) If a student receives at least 65% of the aggregate marks obtainable for all of the examination papers written in the bar admission examinations but fails to obtain the required percentage in any one or more papers, he or she shall be required to write a supplementary examination in each of the papers so failed.

(2) If a student fails to receive at least 65% of the aggregate marks obtainable for all of the bar admission examinations written in the bar admission examinations, he or she shall be required to write a supplementary examination in all of the subjects which he or she was required to write in the bar admission examinations, except those for which he or she received a mark of at least 75%, notwithstanding that the student may have received 60% in some or all of such bar admission examinations.

(Amended :Rule 6.14, Winter Term Convocation, January 29, 2001)

(Amended: Rule 6.14(2), Fall Term Convocation, September 28, 2018)

Results of supplementary examinations

6.15 (1) Where a student has been granted permission to write one or more supplementary examinations, the education committee shall set the time and place of such examinations and cause the same to be assessed or marked by examiners, who shall report the results of such assessment and marking to the bar admission committee.

(2) The provisions of these regulations respecting the conduct and bar admission examinations and the evaluation of bar admission examinations, excepting rules 6.11 (7) and 6.13 shall apply mutatis mutandis to supplementary examinations.

(3) A student who passes the supplementary examinations in accordance with the standards in rule 6.11(3) shall be deemed to have passed the bar admission examinations for the year in which he or she wrote those examinations.

(4) A student who does not pass the supplementary examinations in accordance with the standards of rule 6.11(3) shall have no further right to sit supplementary examinations but shall be permitted to sit the bar admission examinations for the next year without being required to attend the bar admission course for that year.

(Amended: Rule 6.15 (1), (2), (3), Fall Term Convocation, September 28, 2018)

Application for enrollment by students

6.16 An application for enrollment of a student as a member pursuant to section 37 of the Act shall be made by application in forms 6.16A and 6.16B duly signed by the applicant and supported by an affidavit sworn as to the truth of the matters set forth in the application and shall be accompanied by:

(a) proof in the form of a completed form 6.16C from his or her principal or principals, if more than one, and such further evidence as may be required by the education committee that the applicant has satisfactorily served the term of articles which he or she was required to serve by virtue of the Act or the requirements of the education committee and that, during such term of articles his or her principal provided to the applicant the degree of experience and instruction which he or she was required to provide pursuant to these rules or the requirements of the education committee;

(b) proof that he or she caused a notice in form 6.16D to be delivered to the office of the society giving notice that he or she intended at the next term of convocation to apply to the benchers of the society for a certificate of fitness;

(c) such other proof as the education committee may require, of any of the other applicable requirements set forth in Section 37 of the Act;

(d) the fee payable by a person upon enrollment as a member.

Issuance of certificate of fitness

6.17 (1) Where the education committee approves the enrollment of a person as a member pursuant to section 37 or 39 of the Act, as is applicable, the education committee or benchers, as the case may be, shall report such approval to the vice-president who shall thereafter, subject to any other additional requirements as the society, pursuant to the Act or by regulation require, cause a certificate of fitness as a member of the society in form 6.18A to be issued for the person concerned and directed to the registrar pursuant to section 29(2) of the Act.

(2) The holder of a certificate of fitness has the right to be presented to a judge of the Supreme Court of Newfoundland, Trial Division and to be sworn and enrolled as a solicitor of the Supreme Court of Newfoundland at such time as may be arranged by the vice-president in consultation with the Chief Justice of the Trial Division.

(3) Presentation to the Supreme Court of Newfoundland shall unless otherwise determined by benchers, be held only once during each of the months of April and June in each year.

(4) Upon being enrolled as a solicitor of the Supreme Court of Newfoundland, the solicitor shall appear before benchers in the costume of a barrister appearing in Court for the purpose of his or her being presented to the Supreme Court and shall be enrolled as a barrister on the rolls of the society.

Following his or her enrollment as a barrister he or she shall be presented to the Supreme Court and may be so presented by any bencher present in Court.

(5) Upon being enrolled as a barrister, the person so enrolled shall be a member of the Society and is entitled to all the rights, benefits and privileges and subject to all the duties, obligations and responsibilities of a member.

(6) The diploma of barrister-at-law of the society shall be in form 6.19B and shall be signed by the president.

(Amended: Rule 6.17(1,2 & 6), Summer Term Convocation, June 6, 2003)

(7) Where the holder of a certificate of fitness has not been enrolled as a solicitor and a barrister within one year of the granting of a certificate of fitness, the education committee may prescribe such requirements which it determines are necessary to demonstrate the person’s fitness to engage in the practice of law before the person is enrolled.

Non-practising, suspended and former members

6.18 (1) A non-practising member, suspended member or former member shall apply in writing to the society before having his or her status changed to that of a practising member and shall, as a condition of being permitted to practice, be required by the education committee to do one or more of the following:

(a) provide such evidence as the education committee may require to demonstrate that he or she is of good character and reputation and has a current working knowledge of the law;

(b) write and pass such examinations set by the education committee relating to law, practice and procedure in the Province of Newfoundland and Canada as may be deemed by the education committee as necessary to demonstrate the competence of that member to continue to practice law;

(c) take the bar admission course and write and pass the bar admission examinations at the next time of its offering;

(d) comply with such other requirements which the education committee reasonably determines are necessary to demonstrate that member’s fitness to engage in the active practice of law.

(Rule 6.18 (1): Amended Summer Term Convocation, June 20, 2008)

(2) Notwithstanding rule 6.18(1), the vice-president may reinstate a non-practising member, suspended member or former member to practising status where the member has held the status of non-practising member, been suspended or been a former member for a period of less than one year.

(Amended: Rule 6.18(2), Summer Term Convocation, June 6, 2003)

(3) A former member may apply to the society before having his or her status changed to that of a non-practicing member, and the education committee may impose any conditions or requirements which it considers appropriate when considering such an application.

(Adopted: Rule 6.18(3), Spring Term Convocation, April 2, 2007)

(4) The education committee may impose such terms, conditions, limitations, or restrictions on a member’s authorization to practice law as are reasonably determined to be necessary in order to serve the public interest.

(Adopted: Rule 6.18(4), Fall Term Convocation, September 28, 2018)

Compulsory Continuing Legal Education

6.19 The Benchers may at any time and from time to time designate one or more proposed legal education courses or seminars as compulsory and in such event every practising member shall, unless excused in writing by the Benchers, be required to attend and complete such course as a condition of receiving his or her certificate to practice for the following year.

(Part VI, Rules 6.17-6.20, Amended: Spring Term Convocation, April 1, 1996)

Mandatory Continuing Legal Education

6.20 (1) Members shall comply with the Mandatory Continuing Legal Education (CLE) Requirements (the “Requirements”) as approved by the Benchers.

(2) This Rule applies to practicing members. Completion of CLE activities by non-practicing members may be considered by the education committee upon application for reinstatement to practicing status.

Reporting

(3) Members shall complete and submit to the Law Society an Annual CLE Report in the form made available by the Law Society. The Annual CLE Report shall provide the details of eligible CLE activities completed in the preceding year. (Amended: Rule 6.20(3) Special meeting of Benchers 21, 22, 28 December 2017 and 3 January 2018)

(4) The Annual CLE Report shall be submitted to the Law Society no later than 31 December each year, commencing 31 December 2018. (Amended: Rule 6.20(4) Special meeting of Benchers 21, 22, 28 December 2017 and 3 January 2018)

(5) Members who do not submit the Annual CLE Report by the deadline, as required, shall be referred to the Vice President who may take one or more of the following actions:

(i) Require the member to submit the Annual CLE Report by a fixed date as the Vice President may prescribe;

(ii) Impose an administrative suspension until the member submits the Annual CLE Report as prescribed by the Vice President; and/or

(iii) Engage the disciplinary process set out in the Law Society Act, 1999. (Amended: Rule 6.20(5)(i)(ii)(iii) Special meeting of Benchers 21, 22, 28 December 2017 and 3 January 2018)

(6) When requested by the Law Society, members shall provide, within the time period set out in the request, any further information or documentation related to the member’s reported CLE activities. Members shall be responsible for maintaining suitable records to demonstrate compliance with the Requirements.

(7) Members who do not complete the minimum hours of eligible CLE activities, as set out in the Requirements, shall be referred to the Vice President who may take one or more of the following actions:

(i) Require the member to complete the number of hours of eligible CLE activities as the Vice President may prescribe;

(ii)Impose an administrative suspension until the member completes the number of hours of eligible CLE activities prescribed by the Vice President; and/or

(iii) Engage the disciplinary process set out in the Law Society Act, 1999.

(Adopted: Rule 6.20, Fall Term Convocation, December 14, 2015)