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The Law Society Amendment Act (2)

S.M. 1989-90, c. 35

Bill 71, 2nd Session, 34th Legislature

The Law Society Amendment Act (2)

(Assented to March 8, 1990)

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

CCSM c. L100 amended

1           The Law Society Act is amended by this Act.

Section 57.1 added

2           The following is added after section 57:

Definition

57.1(1)     For the purposes of this section, "person" includes a number of persons in partnership and a corporation.

Representation by agents

57.1(2)     Notwithstanding section 56, a person other than a person who has been

(a) disbarred, suspended or struck off the rolls or books of any provincial law society; or

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

may, for remuneration,

(c) act as an agent on behalf of another person; and

(d) provide legal advice to another person;

in accordance with this section.

Limitation re employees of corporations and partnerships

57.1(3)     Where the person referred to in subsection (2) is a corporation or a partnership, an employee of the corporation or partnership shall not act on behalf of another person or give legal advice to another person if that employee has been

(a) disbarred, suspended or struck off the rolls or books of any provincial law society; or

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

Authorized practice

57.1(4)     A person may act as an agent on behalf of another person and provide legal advice to another person respecting an offence under The Highway Traffic Act in the Provincial Court

(a) if the penalty for the offence on summary conviction does not include imprisonment other than in default of payment of a fine; and

(b) if no report of bodily injury is made under subsection 155(4) of The Highway Traffic Act in respect of the event giving rise to the offence.

Privileged communication

57.1(5)     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;

is privileged in the same manner and to the same extent as a communication between a solicitor and the solicitor's client.

Insurance, bonding and licensing requirements

57.1(6)     A person shall not act as an agent on behalf of another person or provide legal advice to another person, unless the person meets the requirements of insurance, bonding and licensing as may be prescribed in the regulations.

Justice may bar agent

57.1(7)     A justice of the Provincial Court may bar any person from appearing as an agent under subsection (2) if the justice 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.

Appointment of advisory committee

57.1(8)     The minister shall appoint an advisory committee of not less than four persons to advise him or her from time to time on the operation of this section, including any regulations enacted under subsection (9), and the advisory committee shall consist of

(a) a barrister that is selected by the minister from a list of six persons to be submitted by the society at the request of the minister;

(b) a barrister employed by the Department of Justice; and

(c) not less than two persons who are not barristers.

Regulations

57.1(9)     The Lieutenant Governor in Council may make regulations

(a) respecting the type, amount and form of bonds to be furnished under this section, the persons required to furnish bonds and the conditions of their forfeiture;

(b) respecting the persons required to maintain insurance under this section, the conditions and the minimum amounts of insurance, the proof of insurance coverage, the form of the proof and the times when it shall be provided;

(c) designating the person to whom the bond and the proof of insurance are to be provided;

(d) respecting the manner in which the existence of a bond or an insurance policy may be proved in a proceeding;

(e) establishing a licensing scheme for the purposes of this section; and

(f) respecting the manner in which moneys paid on account of fees and disbursements are held, and respecting procedures for the review of fees and disbursements.

Advisory committee to be consulted

57.1(10)    The advisory committee appointed under subsection (8) shall be consulted before a licencing scheme is established under clause (9)(e).

Coming into force

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