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Third 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 233

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           The following is added after Part 5:

PART 5.1

REPRESENTATION BEFORE THE

AUTOMOBILE INJURY COMPENSATION

APPEAL COMMISSION

Authority to act as agent or provide advice

42.1(1)     A person who is not otherwise authorized to practise law in Manitoba may act as an agent on behalf of, or provide legal advice to, another person with respect to his or her appeal to the Automobile Injury Compensation Appeal Commission established under The Manitoba Public Insurance Corporation Act if the person meets the requirements concerning insurance and bonding prescribed in the regulations.

Limitation

42.1(2)     A person may not act as an agent or legal adviser under this section if he or she

(a) as a result of disciplinary proceedings by the governing body of the legal profession in any Canadian jurisdiction, is not entitled to practise law in that jurisdiction; or

(b) has been convicted of an indictable offence under the Criminal Code and has not been granted a pardon with respect to that offence.

Commission may bar agent

42.1(3)     The Automobile Injury Compensation Appeal Commission may bar a person from appearing as an agent under this section if it finds that the person

(a) is not competent to properly represent or to advise another person; or

(b) does not understand or comply with the duties and responsibilities of an agent.

Privileged communication

42.1(4)     A communication between

(a) a person acting as an agent on behalf of another person and that other person; or

(b) a person providing legal advice to another person and that other person;

with respect to an appeal referred to in subsection (1) is privileged in the same manner and to the same extent as a communication between a lawyer and his or her client.

Regulations

42.1(5)     The Lieutenant Governor in Council may make regulations for the purpose of this Part

(a) establishing bonding and insurance requirements;

(b) governing how money paid on account of fees and disbursements is to be held;

(c) establishing procedures for the review of fees and disbursements.

Coming into force

3           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Legal Professions Act to permit persons who are not lawyers to represent and advise persons in connection with appeals before the Automobile Injury Compensation Appeal Commission established under The Manitoba Public Insurance Corporation Act. Regulations may be made about bonding and insurance requirements for these representatives and advisers and about the fees and expenses that they charge.