Skip to main content
The Law Society Amendment Act

S.M. 1989-90, c. 33

Bill 69, 2nd Session, 34th Legislature

The Law Society Amendment Act

(Assented to March 8, 1990)

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

C.C.S.M. c. L100 amended

1           The Law Society Act is amended by this Act.

Sec. 1 amended

2           The definition of "judicial district" in section 1 is repealed.

Subsec. 7(1) rep. and sub.

3           Subsection 7(1) is repealed and the following is substituted:

Elected benchers

7(1)        The elected benchers are

(a)20 barristers who maintain a principal office in the City of Winnipeg Electoral District; and

(b) from each of the other electoral districts, one barrister, who maintains a principal office in the electoral district, for every 20 members, or fraction thereof, who have a principal office in the electoral district on March 1 in an election year.

Section 15 amended

4           Section 15, and the heading to section 15, are amended by striking out "16" and substituting "15.1".

Section 15.1 added

5           The following is added after section 15:

Electoral districts

15.1(1)     For the purpose of the election of benchers, the following electoral districts are hereby established:

(a)Northern Electoral District;

(b)Dauphin Electoral District;

(c)Western Electoral District;

(d)Central Electoral District;

(e)Eastern Electoral District;

(f)City of Winnipeg Electoral District.

Boundaries of electoral districts

15.1(2)     Subject to subsections (3) and (4), the boundaries of the electoral districts established under clauses (1)(a) to (e) are the same as the boundaries of the Northern Judicial District, Dauphin Judicial District, Western Judicial District, Central Judicial District, and Eastern Judicial District, respectively, as those judicial districts were defined in The Municipal Boundaries Act, R.S.M. 1970, chapter M250, sections 7 to 11.

Note: Sections 7 to 11 of The Municipal Boundaries Act were repealed by S.M. 1982-83-84, chapter 82.

Boundary of Eastern Electoral District

15.1(3)     The Eastern Electoral District does not include the area described in subsection (4).

City of Winnipeg Electoral District

15.1(4)     The City of Winnipeg Electoral District is the part of the City of Winnipeg that is bounded by the highway commonly known as the Perimeter Highway and, where the highway does not connect, that is bounded by a continuation of the east side of the highway in a straight line to the north, to the point of intersection with a continuation of the north side of the highway to the east in a straight line.

Subsections 23(2) and (3) rep. and sub.

6           Subsections 23(2) and (3) are repealed and the following is substituted:

Nominations in the Winnipeg District

23(2)       Every nomination of a candidate in the City of Winnipeg Electoral District shall be signed by at least five members of the society who maintain a principal office in that district and whose names are on the voting list.

Nominations in other districts

23(3)       Every nomination of a candidate who maintains a principal office in an electoral district of the province other than the City of Winnipeg Electoral District shall be signed by at least two members of the society who maintain a principal office in the same electoral district as the candidate, and whose names are on the voting list.

Sections 24 and 25 amended

7           Section 24 and clauses 25(1)(a) and 25(2)(b) are amended by striking out "judicial", wherever it appears, and substituting "electoral".

Subsection 25(4) rep. and sub.

8           Subsection 25(4) is repealed and the following is substituted:

Principal office of voter

25(4)       No vote cast for a candidate in an electoral district, other than the City of Winnipeg Electoral District, shall be counted unless cast by a barrister who maintains a principal office in the same electoral district as the candidate.

Section 25 amended

9           Section 25 is amended by adding the following subsection:

Votes in Winnipeg Electoral District

25(5)       A barrister entitled to vote in an electoral district other than the City of Winnipeg Electoral District is also entitled to vote in the City of Winnipeg Electoral District.

Subsection 26(6) amended

10          Subsection 26(6) is amended by striking out "practising and resident" wherever it appears, and by striking out "judicial" and substituting "electoral".

Subsection 27(1) amended

11          Subsection 27(1) is amended by striking out "judicial" wherever it appears, and substituting "electoral".

Section 36 amended

12          Section 36 is amended

(a) in clause (x), by striking out "a chartered accountant, certified public accountant, or accredited public accountant" and substituting "an accountant";

(b) by striking out the period after clause (gg), substituting a semi-colon, and adding the following:

(hh) by resolution, appoint a person who is not a bencher to sit for a specified period of time as a voting member of a committee of the governing body, where the governing body considers it in the public interest and in the best interests of the society.

Section 40.1 added

13          The Act is amended by adding the following after section 40:

No action where good faith

40.1        No action lies against a person, including a bencher, officer or employee of the society, or a person appointed by the governing body to a committee, wholly owned subsidiary, or related agency or organization, for an act done, or neglect or default in the performance or intended performance of a duty, or in the exercise or intended exercise of a power under this Act, a regulation or rule of the society, where the person acts in good faith.

Subsection 47(9) added

14          Section 47 is amended by adding the following after subsection (8):

Client may apply for assessment

47(9)       A client may, at any time within three months from the date a bill is received by the client from a barrister or solicitor, apply to the Court of Queen's Bench for an assessment of the bill, or of a bill previously rendered in respect of the same matter.

Subsection 52(6.1) added

15          Section 52 is amended by adding the following after subsection (6):

Committee may disclose information

52(6.1)     Notwithstanding the provisions of this section, a committee composed of the president, the secretary and the chairpersons of the discipline committee and the standards committee may disclose to the Minister of Justice of Manitoba and the Minister of Justice of Canada, or to persons designated by either or both of them, information that the committee considers necessary for the purpose of judicial appointments.

Clause 56(5)(d) amended

16          Clause 56(5)(d) is amended by striking out "any chartered accountant" and substituting "an accountant".

Subsection 56(8) amended

17          Subsection 56(8) is amended by striking out "Eastern Judicial District" and substituting "the Court of Queen's Bench, Winnipeg Centre".

Section 79 repealed

18          Section 79 is repealed.

Schedule A, Form A amended

19          Form A of Schedule A is amended by repealing subsections 23(2) and (3) and substituting the following:

23(2)       Every nomination of a candidate in the City of Winnipeg Electoral District shall be signed by at least five members of the society who maintain a principal office in that district and whose names are on the voting list.

23(3)       Every nomination of a candidate who maintains a principal office in an electoral district of the province other than the City of Winnipeg Electoral District shall be signed by at least two members of the society who maintain a principal office in the same electoral district as the candidate, and whose names are on the voting list.

Schedule A, Form B amended

20          Form B of Schedule A is amended as follows:

(a) by striking out "Judicial" wherever it appears and substituting "Electoral",

(b) by striking out the commas and the words "of the" and "of" wherever they appear on the same line as a set of initials;

(c) by striking out "Eastern" and substituting "City of Winnipeg";

(d) by adding the following before "NOTICE":

Eastern Electoral District — (Insert no.) to be elected. Do not vote for more.

D.M. []

N.L. []

Schedule A, Form C amended

21          Form C of Schedule A is amended by striking out "Judicial" and substituting "Electoral".

Schedule B repealed

22          Schedule B is repealed.

Coming into force

23          This Act comes into force on royal assent.