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Second Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 26

THE LEGAL PROFESSION AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L107 amended

1           The Legal Profession Act is amended by this Act.

2           Subclause 6(2)(d)(iii) is amended by adding "other than the position of a bencher who, at the time of the election, is the vice-president and is eligible for re-election" after "bencher positions".

3           Subsection 20(3) of the English version is amended in the section heading by striking out "Interpretation:" and substituting "Activities deemed to be".

4           The heading for Division 4 of Part 6 is replaced with "FINANCIAL ACCOUNTABILITY".

5           Subsection 49(1) is amended

(a) in clause (a), by adding "and general accounts" at the end;

(b) by replacing clause (c) with the following:

(c) require members to keep financial records, including records with respect to money and other property entrusted to or received by them for the benefit of clients or other persons in the course of practising law;

(c) in clause (e), by adding ", and to produce any of those files, books, records or accounts, on demand, to the chief executive officer or any other person designated by the benchers" at the end.

6(1)        Section 71 is amended

(a) in item 1, by striking out "The society" and substituting "At the request of the society or the member, the chair of the discipline committee"; and

(b) in item 3,

(i) by adding "or by affirmation" after "under oath", and

(ii) by adding "or affirmation" after "the oath".

6(2)         Section 71 is amended by renumbering it as subsection 71(1) and adding the following as subsection 71(2):

Failure of witness to attend or give evidence

71(2)       Proceedings for civil contempt of court may be brought against a witness who

(a) fails to comply with a subpoena;

(b) refuses to be sworn or to affirm; or

(c) refuses to answer any question that the panel directs him or her to answer.

7           Clauses 72(1)(g) and (2)(g) are amended by adding "and order his or her name to be struck off the rolls" at the end.

8(1)        Subsection 76(1) is amended

(a) in clause (a), by striking out "the member" wherever it occurs and substituting "a member";

(b) in subclause (a)(iv), by adding "or costs" at the end; and

(c) in subclause (a)(v), by striking out "the member's" and substituting "a member's".

8(2)        Subsection 76(2) is replaced with the following:

Appeal by society to Court of Appeal

76(2)       The society may appeal to The Court of Appeal any decision of the discipline committee, a panel of the committee or a single committee member, but only on a question of law.

8(3)        Subsection 76(3) is amended by adding the following after clause (b):

(c) in the case of an appeal under subsection (2), within 30 days after the making of the decision or order being appealed.

Coming into force

9           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Legal Profession Act to enhance the ability of the Law Society of Manitoba to protect the public interest in the delivery of legal services.