Part X – Fees and Related Matters

Suggested Scale of Fees

10.01 Any suggested scale of fees adopted by benchers from time to time shall be and be deemed to be a reasonable level of remuneration which a member who performs services for a client in compliance with any statement of duties and obligations of a solicitor promulgated by benchers from time to time, could justifiably charge for his or her services.
(Amended: Rule 10.01 Special Meeting, December 20, 1990)

Payment of Fees and Deductibles

10.02(1)Every member and student and every professional law corporation shall, on or before the 31st day of January in each year, pay in total or commence payments by installment upon terms and in the amounts fixed by the benchers, fees respecting membership, errors and omissions insurance, and the assurance fund, to the society, for the purposes of the society as a condition of the member’s or student’s continued membership or enrollment in the society or of the professional law corporation’s continued licence.
(Amended: Rule 10.02(1) Special Term Convocation, December 5, 2005)

(2) Every member and student and every professional law corporation shall, by the date or dates required by the benchers or by an adjudication panel, as applicable, pay in total or commence payments by installment upon terms and in the amounts fixed by the benchers or by an adjudication panel as applicable, bar admission fees, student admission fees and costs, expenses, fines and other amounts imposed or ordered by an adjudication panel or the benchers together with interest thereon as a condition of the member’s or student’s continued membership or enrollment in the society or of the professional law corporation’s continued licence.

(3) Each member and student and each professional law corporation is liable for payment of his, her
or its fees and deductibles.

(4) Honourary members and life members are exempt from payment of any fees to the society as a condition of their continued membership.

Suspension for failure to pay
5) Where a member, student or professional law corporation fails to pay his, her or its Fees to the society by the date or dates required pursuant to the rules, or fails to pay deductibles, by a date and upon terms fixed by the benchers, the vice-president shall, subject to rule 10.05, send a notice in writing to the member, student or professional law corporation informing the member, student or professional law corporation that if the fees or deductibles are not paid within fifteen (15) days from the date of delivery of the notice, the member’s or student’s membership or enrollment in the society
shall be suspended or the professional law corporation’s licence revoked. In the event that the member, student or professional law corporation fails to pay the fees or deductibles within the fifteen(15) day period his or her membership or enrollment in the society shall be suspended or the professional law corporation’s licence revoked until such time, subject to rule 10.02(7), as the member or student thereafter pays the fees, and deductibles plus an administration fee and the vice-president accepts the same.
(Amended: Rule 10.02(5) Special Term Convocation, December 5, 2005)

Reinstatement
6) Where a member, student, or professional law corporation fails to pay his, her or its Fees or
deductibles to the society by the date or dates required pursuant to the rules, but the said fees or deductibles are subsequently paid without the vice-president issuing a notice as contemplated by rule 10.02(5), or are paid in response to a notice issued pursuant to rule 10.02(5) within the time limit stipulated by the notice, and the fees or deductibles are in either case accepted by the vice-president,the member’s or student’s membership or enrollment in the society shall be deemed to have been reinstated or the professional law corporation’s licence reissued and to have continued from the earliest date when the fees or deductibles should have been paid.
(Amended: Rule 10.02(6) Special Term Convocation, December 5, 2005)

(7) Where the membership or enrolment of a member or student is suspended or the licence of a
professional law corporation is revoked pursuant to rule 10.02(5), the benchers may, as a condition
of reinstatement or reissuance, impose such conditions upon the suspended member, student or
professional law corporation as the benchers deem appropriate.

(Amended: Rule 10.02, Winter Term Convocation, December 5, 2005)

Determination of Fees and Interest

10.03 (1) There shall be paid to the society by members, students, and professional law corporations and applicants to become members, students, or professional law corporations and by other applicantsmaking applications to the society pursuant to the Act or these rules, as the case may be, such fees and upon such terms as are to be determined from time to time by the benchers.
(Amended: Rule 10.03(1), Summer Term Convocation, June 10, 2005)

(2) The benchers may from time to time fix rates of interest to be applied to outstanding fees and deductibles.

Transaction Levy

10.04 Members shall make payment of the transaction levy as follows:

Definition of real estate transaction
(1) For the purposes of this rule, “real estate transaction” means a transaction which results in the transfer, charging and/or insuring of an interest in real property in Newfoundland and Labrador.

Levy payable
(2) (a) Subject to 10.04 (2) (b), (c), (d) and (e), and any exclusions contained within this rule, each member shall pay to the Society $30 (the levy) in respect of each real estate transaction in which the member acted for one or more of the following parties, namely, the transferor, transferee, chargor, chargee or title insurer.

(b) Where more than one member from the same law firm acted on behalf of the same party on the same real estate transaction, only one member is required to pay the levy.

(c)Where more than one transfer, charge or title insurance policy is given by or received by the same party in respect of the same real estate transaction, the levy shall be limited to $30.

(d) Where a real estate transaction involved more than one party represented by members in more than one law firm, each member shall pay the levy.

(e) Where the rules permit a member to act on both sides of a real estate transaction, the levy shall be $30 for each side.

(Rule 10.04(2)(a), (c)& (e): Amended Special Term Convocation, December 9, 2013)

(Rule 10.04(2)(a), (c)& (e): Amended Fall Term Convocation, October 6, 2015)

Exclusions
(3) No levy is payable by a member under this rule in respect of a real estate transaction if:

(a) a person transfers real property, or an interest in real property, to that person’s spouse by virtue of the provisions of a separation agreement or court order;

(b) a personal representative or its, his or her successor acting as an executor, administrator or trustee, transfers real property to a beneficiary or to a successor personal representative.

(c) a transaction involves the re-financing to an existing registered encumbrance by the
same owner.
Rule 10.04(3)(c): Adopted Summer Term Convocation, June 20, 2008)

Definition of civil proceeding transaction
(4) For the purposes of this rule, “civil proceeding transaction” means:

(a) the commencement of a proceeding in Newfoundland and Labrador in any level of court; or

(b) the first response in any level of court by a member on behalf of one or more parties.
(Rule 10.04(4)(b): Amended Fall Term Convocation, September 26, 2005)Rule 10.04(4): Amended Summer Term Convocation, June 9, 2006)

Levy payable
(5) (a) Subject to 10.04 (5) (b), (c), and (d) and any exclusions contained within this rule, each member shall pay to the Society $75 (the levy) in respect of each civil proceeding transaction in which the member acted for a party in a proceeding as defined in 10.04 (4) (a) or (b).

(b) Where more than one member from the same law firm acts on behalf of the same party on the same civil proceeding transaction, only one member is required to pay the levy.

(c) Where more than one proceeding is commenced or responded to by an existing party to a civil proceeding transaction, including a counterclaim or third party notice, the levy for that party shall be limited to $75.

(d) Where a civil proceeding transaction involves more than one claimant, defendant, or other party, and two or more of them are represented by members in separate law firms, each member shall pay the levy.

(e) Where an origination application is made for the variation of an existing order for custody, access or support, no levy shall be payable.

(Rule 10.04(5): Amended Summer Term Convocation, June 9, 2006)

(Rule 10.04(5)(a)&(c): Amended Special Term Convocation, December 9, 2013)

(Rule 10.04(5)(a)&(c): Amended Fall Term Convocation, October 6, 2015)

Exclusions
(6) No levy is payable by a member pursuant to this rule in respect of a civil proceeding transaction if:

(a) proceeding is commenced in Small Claims Court; or

(b) proceeding is funded by Newfoundland and Labrador Legal Aid Commission or is taken by the Registrar of the Supreme Court.

Definition of personal property transaction
(7) For the purposes of this rule, “personal property transaction” means a transaction which results in the transfer or charging of title to personal property in Newfoundland and Labrador, including but not limited to the placement of any security interest on personal property under the Personal Property Security Act (PPSA).

Levy payable
(8) (a) Subject to 10.04 (8)(b), (c), (d) and (e), and any exclusions contained within this rule, each member shall pay to the Society $35 (the levy) in respect of each personal property transaction in which the member acted for one or more parties.

(b) Where more than one member from the same law firm acted on behalf of the same party on the same personal property transaction, only one member is required to pay the levy.

(c) Where more than one transfer or charge is given by or received by the same party in respect of the same personal property transaction, the levy shall be limited to $35.

(d) Where a personal property transaction involves more than one transferor, transferee, chargor, chargee, and two or more of any of them are represented by members in separate law firms, each member shall pay the levy.

(e) Where the rules permit a member to act on both sides of a personal property transaction, the levy shall be $35 for each side.

(Rule 10.04(8)(a), (c)& (e): Amended Special Term Convocation, December 9, 2013)

Exclusions
(9) No levy is payable by a member under this rule in respect of a personal property transaction if:

(a) a person transfers personal property or an interest in personal property to that person’s spouse by virtue of the provisions of a separation agreement or court order;

(b) a personal representative or its, his or her successor acting as an executor, administrator or trustee, transfers personal property to a beneficiary or to a successor personal representative; or

(c) personal property is transferred in a real estate transaction and a levy has been paid on that transaction.

Exempt Members
(10) No levy is payable and no levy summary form is due by a member under this rule if the member is employed as

(a) a crown attorney,

(b) a legal aid lawyer, or

(c) a solicitor acting on behalf of the Government of Canada or the Government of Newfoundland and Labrador, including a crown corporation or an agency of the crown or a municipality.
(Rule 10.04(10): Amended Summer Term Convocation, June 9, 2006)

Duty of members
(11)(a) Every member shall report and remit the accumulated transaction levy to the society.

(b) Each law firm shall file the Transaction Levy Summary Form 10.04A within thirty (30) days of the quarterly period ending on the last day of March, June, September and December.

(c) The member signing on behalf of the law firm is responsible for the accuracy of information contained in Form 10.04A and for the remittance of levies accumulated and due.

(d) A member who fails to report and remit the total amount owing may be subject to suspension pursuant to rule 10.02(5).

(e) Failure by a member to comply with rule 10.04 may constitute an allegation of conduct deserving of sanction.
(Amended: Rule 10.04(11)(e) Special Term Convocation, December 5, 2005)

(f) The levies imposed by this rule apply to a member in respect of all transactions on or after October 1, 2005.

(Adopted Rule 10.04 Special Meeting, March 16, 2005, Amended: Rule 10.04, Summer Term Convocation, June 10, 2005)

Waiver or Proration of Fees and Extension

10.05 Benchers may, in special circumstances, waive or prorate in a particular case, or extend the time for payment of, any fees or deductibles chargeable pursuant to the rules.

Compulsory liability insurance

10.06 (1)Every lawyer, not exempted by legislation of this or another jurisdiction in Canada or by provisions of these Rules, shall maintain an insurance policy through the Law Society of Newfoundland and Labrador on such terms and conditions determined each year by Benchers.

(2)Every applicant applying for permanent transfer under the National Mobility Agreement or the Territorial Mobility Agreement must, unless exempted by the Education Committee, maintain compulsory liability insurance until such time as indicated by the Education Committee, and must notify the Law Society of Newfoundland and Labrador of any change in insurance status.

(Adopted Rule 10.06, Summer Term Convocation, June 9, 2007)