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We want Alberta to be a leader in proactive compliance. We know that better proactive outreach and risk mitigation benefits all Alberta lawyers.
This is why the filing requirements for the Annual Report include the following:
- Law Firm Self-Report – prepared by the law firm in accordance with subrule 119.30(3)
- Accountant’s Report – prepared by the law firm’s accountant in accordance with subrule 119.30(4)
Trust Safety Accounting Upload – prepared by the law firm in accordance with subrule 119.30(5) or (6)
The mandatory designated filing date (“year-end”) for all law firms is December 31. For firms that operate a trust account, the filings are comprised of the Law Firm Self-Report and either the Trust Safety Accounting Upload or Accountant’s Report. For firms that do not operate a trust account, the filings are comprised of the Law Firm Self-Report.
Late Filing Fee and Administrative Suspension
Late filing fees will begin after the due date (March 31) up to a maximum of three months late or $1,500 in late fees.
The Responsible Lawyer is administratively suspended on July 1 if the Annual Reports are not filed three months after the due date and any late fees remain unpaid.
- Lawyers who are administratively suspended will have 15 days from the date of suspension to seek reinstatement through compliance with all requirements by submitting the Annual Reports and paying the late fees along with the reinstatement fee of $230 plus GST. Lawyers will be immediately reinstated when these conditions are met.
- If this is not completed within 15 days, the lawyer must make, to the satisfaction of the Executive Director, the necessary arrangements for an active, practising lawyer to take possession of the firm’s client files, records and trust funds. Should the lawyer reinstate, he or she must then reapply to Designate a Responsible Lawyer and Operate a Trust Account.
In summary, law firms that do not comply and file by the due date will be subject to the following late fees and administrative suspension:
|Dec 31||Designated Filing Date (Year-End)||$0||$0|
|March 31||Annual Report due date||$0||$0|
|April 1||1 month late||$250||$250|
|May 1||2 months late||$500||$750|
|June 1||3 months late||$750||$1,500|
|July 1 Responsible Lawyer is administratively suspended*|
|Post-July 1||Firm files Annual Report which terminates Responsible Lawyer’s administrative suspension||$225**||$1,725|
|Total Late Filing Penalties – $250 (Minimum) – $1,725 (Maximum)|
|* The Responsible Lawyer is automatically suspended if the firm is more than three months late filing its Annual Reports and remains suspended until the Annual Reports and all related fees are submitted.|
|** In addition to late filing fees, a reinstatement transaction fee is required when the Responsible Lawyer returns from suspension.|