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Law Society Act

R.S.O. 1990, CHAPTER L.8

Consolidation Period: From July 25, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 21, Sched. F, s. 117.

SKIP TABLE OF CONTENTS

CONTENTS

PART 0.I

Interpretation

1.  (1)  In this Act,

“adjudicative body” means any body that, after the presentation of evidence or legal argument by one or more persons, makes a decision that affects a person’s legal interests, rights or responsibilities and, without limiting the generality of the foregoing, includes,

(a) a federal or provincial court,

(b) a tribunal established under an Act of Parliament or under an Act of the Legislature of Ontario,

(c) a commission or board appointed under an Act of Parliament or under an Act of the Legislature of Ontario to conduct an inquiry or inquest, and

(d) an arbitrator; (“organisme juridictionnel”)

“Appeal Panel” means the Law Society Appeal Panel continued under Part II; (“Comité d’appel”)

“bencher” means a bencher of the Society, other than an honorary bencher; (“conseiller”)

“by-laws” means the by-laws made under this Act; (“règlements administratifs”)

“certificate of authorization” means a certificate of authorization issued under this Act authorizing the corporation named in it to practise law in Ontario, to provide legal services in Ontario or to do both; (“certificat d’autorisation”)

“Chief Executive Officer” means the Chief Executive Officer of the Society; (“chef de la direction”)

“Convocation” means a regular or special meeting of the benchers convened for the purpose of transacting business of the Society; (“Conseil”)

“document” includes a paper, book, record, account, sound recording, videotape, film, photograph, chart, graph, map, plan, survey and information recorded or stored by computer or by means of any other device; (“document”)

“elected bencher” means a person who is elected as a bencher under subsection 15 (1) or 16 (1) or becomes a bencher under subsection 15 (3) or 16 (3) or (6); (“conseiller élu”)

“Hearing Panel” means the Law Society Hearing Panel continued under Part II; (“Comité d’audition”)

“lay bencher” means a person appointed as a bencher by the Lieutenant Governor in Council under section 23; (“conseiller non juriste”)

“licence” means a licence issued under this Act; (“permis”)

“licensed” means licensed under this Act; (“pourvu d’un permis”)

“licensee” means,

(a) a person licensed to practise law in Ontario as a barrister and solicitor, or

(b) a person licensed to provide legal services in Ontario; (“titulaire de permis”)

“life bencher” means a person who is a bencher under paragraph 3 of subsection 12 (1); (“conseiller à vie”)

“person who is authorized to practise law in Ontario” means,

(a) a person who is licensed to practise law in Ontario as a barrister and solicitor and whose licence is not suspended, or

(b) a person who is not a licensee but is permitted by the by-laws to practise law as a barrister and solicitor in Ontario; (“personne autorisée à pratiquer le droit en Ontario”)

“person who is authorized to provide legal services in Ontario” means,

(a) a person who is licensed to provide legal services in Ontario and whose licence is not suspended, or

(b) a person who is not a licensee but is permitted by the by-laws to provide legal services in Ontario; (“personne autorisée à fournir des services juridiques en Ontario”)

“physician” means a member of the College of Physicians and Surgeons of Ontario or a person who is authorized to practise medicine in another province or territory of Canada; (“médecin”)

“professional business” means,

(a) in the case of a person licensed to practise law in Ontario as a barrister and solicitor, the practice of law and the business operations relating to it,

(b) in the case of a person licensed to provide legal services in Ontario, the provision of legal services and the business operations relating to it; (“activités professionnelles”)

“professional corporation” means a corporation incorporated or continued under the Business Corporations Act that holds a valid certificate of authorization; (“société professionnelle”)

“psychologist” means a member of the College of Psychologists of Ontario or a person who is authorized to practise psychology in another province or territory of Canada; (“psychologue”)

“regulations” means the regulations made under this Act; (“règlements”)

“rules of practice and procedure” means the rules of practice and procedure made under this Act; (“règles de pratique et de procédure”)

“Society” means The Law Society of Upper Canada; (“Barreau”)

“Treasurer” means the Treasurer of the Society. (“trésorier”) R.S.O. 1990, c. L.8, s. 1; 1991, c. 41, s. 1; 1998, c. 21, s. 1 (1-5); 2000, c. 42, Sched., s. 20; 2006, c. 21, Sched. C, s. 2 (1-9).

Documents in possession or control

(2)  For the purposes of this Act, a document is in the possession or control of a person if the person is entitled to obtain the original document or a copy of it. 1998, c. 21, s. 1 (6).

Hearings

(3)  A hearing is not required before making any decision under this Act, the regulations, the by-laws or the rules of practice and procedure unless the Act, regulations, by-laws or rules of practice and procedure specifically require a hearing. 1998, c. 21, s. 1 (6).

Licensee

(4)  For greater certainty, a person whose licence is suspended or is in abeyance is a licensee, but a person whose licence has been revoked, whose application to surrender his or her licence has been accepted under section 30 or whose licence is deemed to have been surrendered under section 31 is not a licensee. 2006, c. 21, Sched. C, s. 2 (10).

Provision of legal services

(5)  For the purposes of this Act, a person provides legal services if the person engages in conduct that involves the application of legal principles and legal judgment with regard to the circumstances or objectives of a person. 2006, c. 21, Sched. C, s. 2 (10).

Same

(6)  Without limiting the generality of subsection (5), a person provides legal services if the person does any of the following:

1. Gives a person advice with respect to the legal interests, rights or responsibilities of the person or of another person.

2. Selects, drafts, completes or revises, on behalf of a person,

i. a document that affects a person’s interests in or rights to or in real or personal property,

ii. a testamentary document, trust document, power of attorney or other document that relates to the estate of a person or the guardianship of a person,

iii. a document that relates to the structure of a sole proprietorship, corporation, partnership or other entity, such as a document that relates to the formation, organization, reorganization, registration, dissolution or winding-up of the entity,

iv. a document that relates to a matter under the Bankruptcy and Insolvency Act (Canada),

v. a document that relates to the custody of or access to children,

vi. a document that affects the legal interests, rights or responsibilities of a person, other than the legal interests, rights or responsibilities referred to in subparagraphs i to v, or

vii. a document for use in a proceeding before an adjudicative body.

3. Represents a person in a proceeding before an adjudicative body.

4. Negotiates the legal interests, rights or responsibilities of a person. 2006, c. 21, Sched. C, s. 2 (10).

Representation in a proceeding

(7)  Without limiting the generality of paragraph 3 of subsection (6), doing any of the following shall be considered to be representing a person in a proceeding:

1. Determining what documents to serve or file in relation to the proceeding, determining on or with whom to serve or file a document, or determining when, where or how to serve or file a document.

2. Conducting an examination for discovery.

3. Engaging in any other conduct necessary to the conduct of the proceeding. 2006, c. 21, Sched. C, s. 2 (10).

Not practising law or providing legal services

(8)  For the purposes of this Act, the following persons shall be deemed not to be practising law or providing legal services:

1. A person who is acting in the normal course of carrying on a profession or occupation governed by another Act of the Legislature, or an Act of Parliament, that regulates specifically the activities of persons engaged in that profession or occupation.

2. An employee or officer of a corporation who selects, drafts, completes or revises a document for the use of the corporation or to which the corporation is a party.

3. An individual who is acting on his or her own behalf, whether in relation to a document, a proceeding or otherwise.

4. An employee or a volunteer representative of a trade union who is acting on behalf of the union or a member of the union in connection with a grievance, a labour negotiation, an arbitration proceeding or a proceeding before an administrative tribunal.

5. A person or a member of a class of persons prescribed by the by-laws, in the circumstances prescribed by the by-laws. 2006, c. 21, Sched. C, s. 2 (10).

Terms, conditions, etc.

(9)  For the purposes of this Act, a term, condition, limitation or restriction shall be considered to be imposed on a licensee, regardless of whether it is imposed on the licensee or on the licensee’s licence and regardless of whether it is imposed by the by-laws on all licences of the class held by the licensee or is imposed on the particular licensee or on his or her licence by an order made under this Act. 2006, c. 21, Sched. C, s. 2 (10).

Internal references

(10)  A reference in this Act to something done or omitted to be done under this Act, a Part of this Act or a provision of this Act shall be interpreted as referring to the Act, the Part or the provision, as it read on the day the thing was done or omitted to be done. 2006, c. 21, Sched. C, s. 2 (10).

Transition

Definitions

1.1  (1)  In this section,

“amendment day” means the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 comes into force; (“jour de la modification”)

“member” means a member as defined in section 1, as it reads immediately before the amendment day, and “membership” has a corresponding meaning. (“membre”, “qualité de membre”) 2006, c. 21, Sched. C, s. 3.

Members deemed licensees

(2)  Every person who is a member immediately before the amendment day shall be deemed to become, on the amendment day, a person licensed to practise law in Ontario as a barrister and solicitor and to hold the class of licence determined under the by-laws. 2006, c. 21, Sched. C, s. 3.

Abeyance

(3)  If a person’s membership in the Society is in abeyance under section 31 immediately before the amendment day, the person’s licence shall be deemed to be in abeyance under section 31 on the amendment day. 2006, c. 21, Sched. C, s. 3.

Admission application deemed licence application

(4)  If, immediately before the amendment day, an application for admission to the Society as a member under section 27 has not yet been accepted or refused, the application shall be deemed to become, on the amendment day, an application for a licence to practise law in Ontario as a barrister and solicitor. 2006, c. 21, Sched. C, s. 3.

Resignation application deemed surrender application

(5)  If, immediately before the amendment day, an application by a person under subsection 30 (1) to resign his or her membership in the Society has not yet been accepted or refused, the application shall be deemed to become, on the amendment day, an application by the person under subsection 30 (1) to surrender his or her licence. 2006, c. 21, Sched. C, s. 3.

Readmission application deemed licence application

(6)  If, immediately before the amendment day, the Hearing Panel has not yet made a decision under subsection 30 (3) or 49.42 (4) respecting an application for readmission as a member, the application shall be deemed to become, on the amendment day, an application to the Society for a new licence to practise law in Ontario as a barrister and solicitor. 2006, c. 21, Sched. C, s. 3.

Application to restore membership deemed application to restore licence

(7)  If, immediately before the amendment day, an application by a person under subsection 31 (2) to have his or her membership in the Society restored has not yet been accepted or refused, the application shall be deemed to become, on the amendment day, an application by the person under subsection 31 (2) to have his or her licence restored. 2006, c. 21, Sched. C, s. 3.

Order imposing term, condition, etc.

(8)  If an order imposing a term, condition, limitation or restriction on a person’s rights and privileges as a member is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order imposing the same term, condition, limitation or restriction on the person’s licence. 2006, c. 21, Sched. C, s. 3.

Order suspending rights and privileges deemed order suspending licence

(9)  If an order suspending a person’s rights and privileges as a member is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order suspending the person’s licence. 2006, c. 21, Sched. C, s. 3.

Prohibition order

(10)  If an order under section 50.2 prohibiting a person from contravening section 50 is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order under clause 26.3 (1) (a) prohibiting the person from contravening subsection 26.1 (1) or (2), as the case may be. 2006, c. 21, Sched. C, s. 3.

Termination of orders for failure to use legal skills

(11)  Every order under section 49.1 that is in effect immediately before the day section 42 of Schedule C to the Access to Justice Act, 2006 comes into force is terminated on that day. 2006, c. 21, Sched. C, s. 3.

Licence deemed permit

(12)  Any of the following licences that is in effect immediately before the amendment day shall be deemed to become, on the amendment day, a permit authorizing the holder to do the same things that were authorized by the licence:

1. A licence authorizing a limited liability partnership to practise law.

2. A licence authorizing a person to give legal advice respecting the law of a jurisdiction outside Canada.

3. A licence authorizing a partnership, corporation or other organization to engage in a practice of law whereby it maintains one or more offices outside Ontario and one or more offices in Ontario.

4. A licence authorizing a person, partnership, corporation or other organization to practise another profession in addition to practising law. 2006, c. 21, Sched. C, s. 3.

PART I

The Society

Law Society continued

2.  (1)  The Law Society of Upper Canada (previously referred to in French as Société du barreau du Haut-Canada) is continued under the name of The Law Society of Upper Canada in English and Barreau du Haut-Canada in French. R.S.O. 1990, c. L.8, s. 2 (1).

Status

(2)  The Society is a corporation without share capital and its members at a point in time are,

(a) the person who is the Treasurer at that time;

(b) the persons who are benchers at that time;

(c) the persons who are at that time licensed to practise law in Ontario as barristers and solicitors; and

(d) the persons who are at that time licensed to provide legal services in Ontario, who shall be referred to as paralegal members. 2006, c. 21, Sched. C, s. 5.

Annual meeting

3.  A meeting of the members of the Society shall be held annually at such place and at such time as is determined from time to time in Convocation, notice of which shall be given by publication as provided by the by-laws. R.S.O. 1990, c. L.8, s. 3; 1998, c. 21, s. 2; 2006, c. 21, Sched. C, s. 6.

Seat

4.  The permanent seat of the Society shall continue to be at Osgoode Hall in the City of Toronto. R.S.O. 1990, c. L.8, s. 4.

Function of the Society

4.1  It is a function of the Society to ensure that,

(a) all persons who practise law in Ontario or provide legal services in Ontario meet standards of learning, professional competence and professional conduct that are appropriate for the legal services they provide; and

(b) the standards of learning, professional competence and professional conduct for the provision of a particular legal service in a particular area of law apply equally to persons who practise law in Ontario and persons who provide legal services in Ontario. 2006, c. 21, Sched. C, s. 7.

Principles to be applied by the Society

4.2  In carrying out its functions, duties and powers under this Act, the Society shall have regard to the following principles:

1. The Society has a duty to maintain and advance the cause of justice and the rule of law.

2. The Society has a duty to act so as to facilitate access to justice for the people of Ontario.

3. The Society has a duty to protect the public interest.

4. The Society has a duty to act in a timely, open and efficient manner.

5. Standards of learning, professional competence and professional conduct for licensees and restrictions on who may provide particular legal services should be proportionate to the significance of the regulatory objectives sought to be realized. 2006, c. 21, Sched. C, s. 7.

Powers of society

Acquisition and disposition of property

5.  (1)  The Society may purchase, acquire, take by gift, bequest, devise, donation or otherwise any real or personal property for its purposes, and it may hold, sell, mortgage, lease or dispose of any of its real or personal property. R.S.O. 1990, c. L.8, s. 5 (1).

Trustee powers

(2)  The Society has and may exercise all powers of trustees under the laws of Ontario. R.S.O. 1990, c. L.8, s. 5 (2).

Borrowing power

(3)  The Society may borrow money for its purposes. R.S.O. 1990, c. L.8, s. 5 (3).

Capacity to hold an interest in an insurance corporation

(4)  The Society may own shares of or hold a membership interest in an insurance corporation incorporated for the purpose of providing professional liability insurance to licensees and to persons qualified to practise law outside Ontario in Canada. R.S.O. 1990, c. L.8, s. 5 (4); 2006, c. 21, Sched. C, s. 8.

Application of Corporations Act

6.  (1)  Section 84, subsections 129 (2) and (3) and section 317 of the Corporations Act do not apply to the Society. 2006, c. 21, Sched. C, s. 9.

Conflict

(2)  In the event of conflict between any provision of this Act and any provision of the Corporations Act, the provision of this Act prevails. R.S.O. 1990, c. L.8, s. 6 (2).

Treasurer

7.  The Treasurer is the president and head of the Society. 1998, c. 21, s. 3.

Chief Executive Officer

8.  (1)  The Chief Executive Officer shall, under the direction of Convocation, manage the affairs and functions of the Society. 1998, c. 21, s. 3.

(2)  Repealed: 2006, c. 21, Sched. C, s. 10.

Liability of benchers, officers and employees

9.  No action or other proceedings for damages shall be instituted against the Treasurer or any bencher, official of the Society or person appointed in Convocation for any act done in good faith in the performance or intended performance of any duty or in the exercise or in the intended exercise of any power under this Act, a regulation, a by-law or a rule of practice and procedure, or for any neglect or default in the performance or exercise in good faith of any such duty or power. R.S.O. 1990, c. L.8, s. 9; 1998, c. 21, s. 4.

Benchers

Government of the Society

10.  The benchers shall govern the affairs of the Society. 2006, c. 21, Sched. C, s. 11.

Honorary benchers

11.  Every person,

(a) who is an honorary bencher on the 1st day of October, 1970; or

(b) who after that day is made an honorary bencher,

is an honorary bencher but as such has only the rights and privileges prescribed by the by-laws. R.S.O. 1990, c. L.8, s. 11; 1998, c. 21, s. 5.

Benchers by virtue of their office

12.  (1)  The following, if and while they are licensees, are benchers by virtue of their office:

1. The Minister of Justice and Attorney General for Canada.

2. The Solicitor General for Canada.

3. Every person who has held the office of elected bencher for at least 16 years. 1998, c. 21, s. 6; 2006, c. 21, Sched. C, s. 12 (1).

Same: attorneys general

(2)  The following are benchers by virtue of their office:

1. The Attorney General for Ontario.

2. Every person who has held the office of Attorney General for Ontario. 1998, c. 21, s. 6; 2006, c. 21, Sched. C, s. 12 (2).

Same

(3)  Subsections (1) and (2) do not apply to a person whose licence is in abeyance under section 31. 2006, c. 21, Sched. C, s. 12 (3).

Rights and privileges

(4)  Benchers by virtue of their office under subsection (1) or (2) have the rights and privileges prescribed by the by-laws but, except as provided in subsection (5), may not vote in Convocation or in committees. 1998, c. 21, s. 6.

Voting

(5)  The following voting rights apply:

1. The Attorney General for Ontario may vote in Convocation and in committees.

2. Benchers by virtue of their office under paragraph 3 of subsection (1) or paragraph 2 of subsection (2) may vote in committees. 1998, c. 21, s. 6.

Elected bencher’s choice

(6)  An elected bencher who becomes qualified as a bencher under subsection (1) or (2) shall choose whether to continue in office as an elected bencher or to cease to hold office as an elected bencher and serve as a bencher under subsection (1) or (2). 1998, c. 21, s. 6.

Same

(7)  If a bencher licensed to practise law in Ontario as a barrister and solicitor chooses under subsection (6) to continue in office as an elected bencher, he or she is eligible to be re-elected under subsection 15 (1), without prejudice to his or her right to become a bencher under subsection (1) or (2) at any time so long as he or she is still an elected bencher. 2006, c. 21, Sched. C, s. 12 (3).

Same

(8)  If a bencher licensed to provide legal services in Ontario chooses under subsection (6) to continue in office as an elected bencher, he or she is eligible to be re-elected under subsection 16 (1), without prejudice to his or her right to become a bencher under subsection (1) or (2) at any time so long as he or she is still an elected bencher. 2006, c. 21, Sched. C, s. 12 (3).

Attorney General, guardian of the public interest

13.  (1)  The Attorney General for Ontario shall serve as the guardian of the public interest in all matters within the scope of this Act or having to do in any way with the practice of law in Ontario or the provision of legal services in Ontario, and for this purpose he or she may at any time require the production of any document or thing pertaining to the affairs of the Society. R.S.O. 1990, c. L.8, s. 13 (1); 1998, c. 21, s. 7 (1); 2006, c. 21, Sched. C, s. 13.

Admissions

(2)  No admission of any person in any document or thing produced under subsection (1) is admissible in evidence against that person in any proceedings other than proceedings under this Act. R.S.O. 1990, c. L.8, s. 13 (2); 1998, c. 21, s. 7 (2).

Protection of Minister

(3)  No person who is or has been the Attorney General for Ontario is subject to any proceedings of the Society or to any penalty imposed under this Act for anything done by him or her while exercising the functions of such office. R.S.O. 1990, c. L.8, s. 13 (3); 1998, c. 21, s. 7 (3).

Former Treasurers

14.  Every licensee who previously held the office of Treasurer is a bencher by virtue of his or her office. 1998, c. 21, s. 8; 2006, c. 21, Sched. C, s. 14.

Benchers licensed to practise law

15.  (1)  Forty persons who are licensed to practise law in Ontario as barristers and solicitors shall be elected as benchers in accordance with the by-laws. 2006, c. 21, Sched. C, s. 15.

Regions

(2)  The benchers elected under subsection (1) shall be elected for regions prescribed by the by-laws. 2006, c. 21, Sched. C, s. 15.

Vacancies

(3)  Any vacancies in the offices of benchers who are licensed to practise law in Ontario as barristers and solicitors may be filled in accordance with the by-laws. 2006, c. 21, Sched. C, s. 15.

Ceasing to be bencher

(4)  A person who is elected as a bencher under subsection (1) or who holds the office of elected bencher under subsection (3) ceases to be a bencher if the person ceases to be licensed to practise law in Ontario as a barrister and solicitor. 2006, c. 21, Sched. C, s. 15.

Benchers licensed to provide legal services

16.  (1)  Two persons who are licensed to provide legal services in Ontario shall be elected as benchers in accordance with the by-laws. 2006, c. 21, Sched. C, s. 16.

Regions

(2)  If the by-laws so require, the benchers elected under subsection (1) shall be elected for regions prescribed by the by-laws. 2006, c. 21, Sched. C, s. 16.

Vacancies

(3)  Any vacancies in the offices of benchers who are licensed to provide legal services in Ontario may be filled in accordance with the by-laws. 2006, c. 21, Sched. C, s. 16.

Ceasing to be bencher

(4)  A person who is elected as a bencher under subsection (1) or who holds the office of elected bencher under subsection (3) ceases to be a bencher if the person ceases to be licensed to provide legal services in Ontario. 2006, c. 21, Sched. C, s. 16.

First election

(5)  The first election of benchers under subsection (1) shall take place on the day prescribed by the by-laws. 2006, c. 21, Sched. C, s. 16.

Interim benchers

(6)  Until the first election of benchers under subsection (1) takes place, their offices shall be filled by two persons appointed by the Attorney General for Ontario from among the five persons appointed to the Paralegal Standing Committee under clause 25.2 (2) (a). 2006, c. 21, Sched. C, s. 16.

Same

(7)  The benchers who hold office under subsection (6) at the time of the first election of the five persons referred to in clause 25.1 (3) (a) to the Paralegal Standing Committee continue to hold office under subsection (6) until the first election of benchers under subsection (1) takes place. 2006, c. 21, Sched. C, s. 16.

17.-21.  Repealed: 1998, c. 21, s. 11.

Removal for non-attendance

22.  The benchers may remove from office any elected bencher who fails to attend six consecutive regular Convocations. R.S.O. 1990, c. L.8, s. 22.

Lay benchers

23.  (1)  The Lieutenant Governor in Council may appoint eight persons who are not licensees as benchers. 2006, c. 21, Sched. C, s. 17 (1).

Term of office

(2)  Every appointment under subsection (1) expires immediately before the first regular Convocation following the first election of benchers under subsection 15 (1) that takes place after the effective date of the appointment. 2006, c. 21, Sched. C, s. 17 (2).

Reappointment

(3)  A person appointed under this section is eligible for reappointment. 1998, c. 21, s. 12.

Deemed reappointment

(4)  A person whose appointment expires under subsection (2) shall be deemed to have been reappointed until his or her successor takes office. 1998, c. 21, s. 12.

Termination of appointment

(5)  A person’s appointment under this section is terminated if the person becomes a licensee. 2006, c. 21, Sched. C, s. 17 (3).

Quorum

24.  Ten benchers present and entitled to vote in Convocation constitute a quorum for the transaction of business. R.S.O. 1990, c. L.8, s. 24.

Election of Treasurer

25.  (1)  The benchers shall annually, at such time as the benchers may fix, elect an elected bencher as Treasurer. 1998, c. 21, s. 13.

Bencher by virtue of office

(2)  The Treasurer is a bencher by virtue of that office and ceases to hold office as an elected bencher. 1998, c. 21, s. 13.

Re-election as Treasurer

(3)  The Treasurer is eligible for re-election as Treasurer, despite having ceased to hold office as an elected bencher, but,

(a) after a new election of benchers takes place under subsection 15 (1), a Treasurer who is a person licensed to practise law in Ontario may be re-elected as Treasurer only if he or she was elected as a bencher in that election; and

(b) after a new election of benchers takes place under subsection 16 (1), a Treasurer who is a person licensed to provide legal services in Ontario may be re-elected as Treasurer only if he or she was elected as a bencher in that election. 2006, c. 21, Sched. C, s. 18.

Paralegal Standing Committee

Paralegal Standing Committee

Establishment

25.1  (1)  Convocation shall establish a standing committee to be known as the Paralegal Standing Committee in English and Comité permanent des parajuristes in French. 2006, c. 21, Sched. C, s. 19.

Jurisdiction

(2)  The Committee shall be responsible for such matters as the by-laws specify relating to the regulation of persons who provide legal services in Ontario. 2006, c. 21, Sched. C, s. 19.

Composition

(3)  The Committee shall consist of 13 persons, of whom,

(a) five shall be persons licensed to provide legal services in Ontario;

(b) five shall be elected benchers who are licensed to practise law in Ontario as barristers and solicitors; and

(c) three shall be lay benchers. 2006, c. 21, Sched. C, s. 19.

Committee members licensed to provide legal services

(4)  The five persons referred to in clause (3) (a) shall be elected as members of the Committee in accordance with the by-laws. 2006, c. 21, Sched. C, s. 19.

Vacancies

(5)  Any vacancies in the offices of the five persons referred to in clause (3) (a) shall be filled in accordance with the by-laws. 2006, c. 21, Sched. C, s. 19.

Other Committee members

(6)  The five persons referred to in clause (3) (b) and the three persons referred to in clause (3) (c) shall be appointed as members of the Committee by Convocation on the recommendation of the Treasurer. 2006, c. 21, Sched. C, s. 19.

Chair

(7)  The chair of the Committee shall be one of the five persons referred to in clause (3) (a) and shall be appointed by the Committee in accordance with the by-laws. 2006, c. 21, Sched. C, s. 19.

Ceasing to be member of Committee

(8)  A person referred to in clause (3) (a) who is elected as a member of the Committee under subsection (4) or who becomes a member of the Committee under subsection (5) ceases to be a member of the Committee if the person ceases to be licensed to provide legal services in Ontario. 2006, c. 21, Sched. C, s. 19.

Same

(9)  A person referred to in clause (3) (b) who is appointed as a member of the Committee under subsection (6) ceases to be a member of the Committee if the person ceases to be an elected bencher licensed to practise law in Ontario as a barrister and solicitor. 2006, c. 21, Sched. C, s. 19.

Same

(10)  A person referred to in clause (3) (c) who is appointed as a member of the Committee under subsection (6) ceases to be a member of the Committee if the person ceases to be a lay bencher. 2006, c. 21, Sched. C, s. 19.

Interim Committee

25.2  (1)  The first election of the five persons referred to in clause 25.1 (3) (a) shall take place on the day prescribed by the by-laws. 2006, c. 21, Sched. C, s. 19.

Same

(2)  Until the first election of the five persons referred to in clause 25.1 (3) (a) takes place,

(a) their offices shall be filled by five persons appointed by the Attorney General for Ontario; and

(b) the office of chair of the Committee shall be filled by a person appointed by the Attorney General for Ontario from among the five persons appointed under clause (a). 2006, c. 21, Sched. C, s. 19.

Same

(3)  Until the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 comes into force, the offices of the five persons referred to in clause 25.1 (3) (b) shall be filled by five elected benchers as defined in section 1, as it reads before that day, who shall be appointed as members of the Committee by Convocation on the recommendation of the Treasurer. 2006, c. 21, Sched. C, s. 19.

Advisory Council

Meeting

26.  (1)  The Treasurer shall convene a meeting of the following persons in each year for the purpose set out in subsection (2):

1. The chair and the vice-chair of each standing committee.

2. The president of each county or district law association, or his or her nominee, being a member of his or her association.

3. One person licensed to practise law in Ontario as a barrister and solicitor who is a full-time teacher at each law school in Ontario approved by the Society, to be appointed annually by the faculty of the law school. 2006, c. 21, Sched. C, s. 20.

Purpose

(2)  The purpose of the meeting is to consider the manner in which the persons licensed to practise law in Ontario as barristers and solicitors are discharging their obligations to the public and generally matters affecting the practice of law as a whole. 2006, c. 21, Sched. C, s. 20.

PART I.1

Prohibitions and Offences

Prohibitions

Non-licensee practising law or providing legal services

26.1  (1)  Subject to subsection (5), no person, other than a licensee whose licence is not suspended, shall practise law in Ontario or provide legal services in Ontario. 2006, c. 21, Sched. C, s. 22.

Non-licensee holding out, etc.

(2)  Subject to subsections (6) and (7), no person, other than a licensee whose licence is not suspended, shall hold themself out as, or represent themself to be, a person who may practise law in Ontario or a person who may provide legal services in Ontario. 2006, c. 21, Sched. C, s. 22.

Licensee practising law or providing legal services

(3)  No licensee shall practise law in Ontario or provide legal services in Ontario except to the extent permitted by the licensee’s licence. 2006, c. 21, Sched. C, s. 22.

Licensee holding out, etc.

(4)  No licensee shall hold themself out as, or represent themself to be, a person who may practise law in Ontario or a person who may provide legal services in Ontario, without specifying, in the course of the holding out or representation, the restrictions, if any,

(a) on the areas of law that the licensee is authorized to practise or in which the licensee is authorized to provide legal services; and

(b) on the legal services that the licensee is authorized to provide. 2006, c. 21, Sched. C, s. 22.

Exception, non-licensee practising law or providing legal services

(5)  A person who is not a licensee may practise law or provide legal services in Ontario if and to the extent permitted by the by-laws. 2006, c. 21, Sched. C, s. 22.

Exception, non-licensee holding out, etc.

(6)  A person who is not a licensee may hold themself out as, or represent themself to be, a person who may practise law in Ontario, if,

(a) the by-laws permit the person to practise law in Ontario; and

(b) the person specifies, in the course of the holding out or representation, the restrictions, if any, on the areas of law that the person is authorized to practise. 2006, c. 21, Sched. C, s. 22.

Same

(7)  A person who is not a licensee may hold themself out as, or represent themself to be, a person who may provide legal services in Ontario, if,

(a) the by-laws permit the person to provide legal services in Ontario; and

(b) the person specifies, in the course of the holding out or representation, the restrictions, if any,

(i) on the areas of law in which the person is authorized to provide legal services, and

(ii) on the legal services that the person is authorized to provide. 2006, c. 21, Sched. C, s. 22.

Agent

(8)  This section applies to a person, even if the person is acting as agent under the authority of an Act of the Legislature or an Act of Parliament. 2006, c. 21, Sched. C, s. 22.

Offences

Contravening s. 26.1

26.2  (1)  Every person who contravenes section 26.1 is guilty of an offence and on conviction is liable to a fine of,

(a) not more than $25,000 for a first offence; and

(b) not more than $50,000 for each subsequent offence. 2006, c. 21, Sched. C, s. 22.

Giving foreign legal advice

(2)  Every person who gives legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws is guilty of an offence and on conviction is liable to a fine of,

(a) not more than $25,000 for a first offence; and

(b) not more than $50,000 for each subsequent offence. 2006, c. 21, Sched. C, s. 22.

Condition of probation order: compensation or restitution

(3)  The court that convicts a person of an offence under this section may prescribe as a condition of a probation order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence. 2006, c. 21, Sched. C, s. 22.

Condition of probation order: not to contravene s. 26.1

(4)  The court that convicts a person of an offence under subsection (1) may prescribe as a condition of a probation order that the person shall not contravene section 26.1. 2006, c. 21, Sched. C, s. 22.

Condition of probation order: not to give foreign legal advice

(5)  The court that convicts a person of an offence under subsection (2) may prescribe as a condition of a probation order that the person shall not give legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws. 2006, c. 21, Sched. C, s. 22.

Order for costs

(6)  Despite any other Act, the court that convicts a person of an offence under this section may order the person to pay the prosecutor costs toward fees and expenses reasonably incurred by the prosecutor in the prosecution. 2006, c. 21, Sched. C, s. 22.

Deemed order

(7)  A certified copy of an order for costs made under subsection (6) may be filed in the Superior Court of Justice by the prosecutor and, on filing, shall be deemed to be an order of that court for the purposes of enforcement. 2006, c. 21, Sched. C, s. 22.

Limitation

(8)  A prosecution for an offence under this section shall not be commenced more than two years after the date on which the offence was alleged to have been committed. 2006, c. 21, Sched. C, s. 22.

Order prohibiting contravention, etc.

26.3  (1)  On the application of the Society, the Superior Court of Justice may,

(a) make an order prohibiting a person from contravening section 26.1, if the court is satisfied that the person is contravening or has contravened section 26.1;

(b) make an order prohibiting a person from giving legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws, if the court is satisfied that the person is giving or has given legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws. 2006, c. 21, Sched. C, s. 22.

No prosecution or conviction required

(2)  An order may be made,

(a) under clause (1) (a), whether or not the person has been prosecuted for or convicted of the offence of contravening section 26.1;

(b) under clause (1) (b), whether or not the person has been prosecuted for or convicted of the offence of giving legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws. 2006, c. 21, Sched. C, s. 22.

Order to vary or discharge

(3)  Any person may apply to the Superior Court of Justice for an order varying or discharging an order made under subsection (1). 2006, c. 21, Sched. C, s. 22.

Licensing

Licensing

Classes of licence

27.  (1)  The classes of licence that may be issued under this Act, the scope of activities authorized under each class of licence and any terms, conditions, limitations or restrictions imposed on each class of licence shall be as set out in the by-laws. 2006, c. 21, Sched. C, s. 23 (1).

Good character requirement

(2)  It is a requirement for the issuance of every licence under this Act that the applicant be of good character. 2006, c. 21, Sched. C, s. 23 (1).

Duty to issue licence

(3)  If a person who applies to the Society for a class of licence in accordance with the by-laws meets the qualifications and other requirements set out in this Act and the by-laws for the issuance of that class of licence, the Society shall issue a licence of that class to the applicant. 2006, c. 21, Sched. C, s. 23 (1).

Hearing

(4)  An application for a licence may be refused only by the Hearing Panel after holding a hearing. 1998, c. 21, s. 14; 2006, c. 21, Sched. C, s. 23 (2).

Parties

(5)  The parties to a hearing under subsection (4) are the applicant, the Society and any other person added as a party by the Hearing Panel. 1998, c. 21, s. 14.

Subsequent applications

(6)  If an application for a licence is refused, another application may be made at any time based on fresh evidence or a material change in circumstances. 1998, c. 21, s. 14; 2006, c. 21, Sched. C, s. 23 (3).

(7)  Repealed: 2006, c. 21, Sched. C, s. 23 (4).

Register

27.1  (1)  The Society shall establish and maintain a register of persons who have been issued licences. 2006, c. 21, Sched. C, s. 24.

Contents of register

(2)  Subject to any by-law respecting the removal of information from the register, the register shall contain the following information:

1. The name of each licensee.

2. The class of licence issued to each licensee.

3. For each licensee, all terms, conditions, limitations and restrictions that are imposed on the licensee under this Act, other than terms, conditions, limitations and restrictions that are imposed by the by-laws on all licences of that class.

4. An indication of every suspension, revocation, abeyance or surrender of a licence.

5. Any other information required by the by-laws. 2006, c. 21, Sched. C, s. 24.

Availability to public

(3)  The Society shall make the register available for public inspection in accordance with the by-laws. 2006, c. 21, Sched. C, s. 24.

28., 28.1  Repealed: 2006, c. 21, Sched. C, s. 25.

Officers of the courts

29.  Every person who is licensed to practise law in Ontario as a barrister and solicitor is an officer of every court of record in Ontario. 2006, c. 21, Sched. C, s. 26.

Surrender of licence

30.  (1)  A licensee may apply to the Society in accordance with the by-laws to surrender his or her licence. 2006, c. 21, Sched. C, s. 26.

Acceptance of surrender

(2)  A licence is surrendered when the application to surrender the licence is accepted by the Society in accordance with the by-laws. 2006, c. 21, Sched. C, s. 26.

Appointment to judicial office

31.  (1)  The licence of a person is in abeyance while the person holds office,

(a) as a full-time judge of any federal, provincial or territorial court, as a full-time master of the Superior Court of Justice, as a full-time case management master, or as a full-time prothonotary of the Federal Court of Canada; or

(b) as a full-time member of the Ontario Municipal Board or as a full-time member of a tribunal that has a judicial or quasi-judicial function and that is named in the regulations for the purposes of this section. R.S.O. 1990, c. L.8, s. 31 (1); 1996, c. 25, s. 7; 1998, c. 21, s. 19 (1); 2002, c. 18, Sched. A, s. 12 (2); 2006, c. 21, Sched. C, s. 27 (1).

Restoration

(2)  Upon ceasing to hold an office described in subsection (1), a person whose licence is in abeyance may apply to the Society to have the licence restored and, subject to subsection (3), the Society shall restore it. 2006, c. 21, Sched. C, s. 27 (2).

Exception

(3)  The Hearing Panel may refuse to restore the licence of a person whose licence is in abeyance if, after holding a hearing, the Panel finds that the person was removed or r