By Melanie Hodges Neufeld
At September 2016 Convocation, the Benchers approved amendments to renumber the Code to bring it in line with the Model Code of Professional Conduct in force across Canada. The old numbering scheme made the Code difficult to search electronically. To ensure that the Code is fully searchable, the Law Society adopted a new numbering scheme that assigns a number to every chapter, section, and rule in the Model Code and to each paragraph of the commentaries accompanying the rules. The renumbered Model Code uses two numbering styles: one for chapters, sections and rules; the other for paragraphs in the commentaries. The following excerpt illustrates the approach:
- To ensure that the terminology in the Code is consistent with the proposed numbering scheme, the renumbered Code refers only to “rules” rather than to “rules” and “subrules”.
- All numbers attributed to elements in the Code are permanent. Once established, the numbers do not change as a consequence of the insertion or deletion of other elements.
- Any new paragraphs of commentary, rules, sections, chapters, or other numbered elements added to the Code in future will be identified by an alphabetical suffix. For example, a new rule added to the Code to follow rule 3.3-6 will be numbered as rule 3.3-6A. Similarly, a new Commentary added to follow 3.3-6, Commentary  will be numbered as 3.3-6, Commentary [1A].
- Any rules or commentary amended since the Model Code was renumbered have been amended, so that the LSS Code reflects as close as possible the numbering of the Model Code. See 3.1-2, Commentary [7A] to . (Previously 2.01(2), Commentary  to .
- Any numbered elements in the Code that are deleted in the future will be removed without renumbering all the subsequent paragraphs of commentary, rules, sections or chapters. The number will be left in the Code in the place where the numbered element used to appear with “[deleted]” written following the number. For example, if in future Chapter 2 is deleted from the Code, the chapters of the Code will read: Chapter 1, Chapter 2 [deleted], Chapter 3, Chapter 4 and so on.
Please review the amended Code of Professional Conduct posted to the Law Society website. A Table of Concordance has also been posted which summarizes the amendments.
A copy of the previous version of the Code has been maintained on the website and is located under the heading “Old Code.”