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The Law Society Amendment Act

S.M. 1991-92, c. 37

Bill 60, 2nd Session, 35th Legislature

The Law Society Amendment Act

(Assented to July 26, 1991)

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.

Section 1 amended

2           Section 1 is amended

(a)by striking out the definition "foreign";

(b)in the definition of "president" by adding "or her" after "his";

(c)by adding the following in alphabetical order within the section:

"chief executive officer" means the chief executive officer of the society; («directeur général»)

Section 7 amended

3           Section 7 is amended

(a)in the heading, by striking out "elected" and substituting "elective";

(b)by striking out "The elected benchers" and substituting "The elective benchers".

Section 8 rep. and sub.

4           Section 8 is repealed and the following is substituted:

Life benchers

8           A life bencher is

(a)a person who has been president;

(b)a person who completes a fourth term of office as an elective bencher after this section comes into force;

(c)a person who completes a fourth term of office as an elective bencher before, and a fifth term after, this section comes into force.

Subsection 38(5) rep. and sub.

5           Subsection 38(5) is repealed and the following is substituted:

Levy for claims fund

38(5)       For the purposes of the claims fund, the society may levy assessments on, and may exempt from the assessments, such members or classes of members as the society may determine, but no assessment shall be made on a member who is employed exclusively by

(a)the government;

(b)an agency of the government, as defined in The Civil Service Act, except The Legal Aid Services Society of Manitoba; or

(c)a municipality;

and who does not practise law outside the scope of the employment.

Subsection 40(3), French version, am.

6           The French version of subsection 40(3) is amended by striking out "dirigeant exécutif en chef" and substituting "directeur général".

Section 44 rep. and sub.

7           Section 44 is repealed and the following is substituted:

Requirement for, and form of, oaths

44          No person shall be called to the bar or admitted as a solicitor, or be entitled to carry on the practice or profession of a barrister or solicitor in Manitoba unless the person takes in court, before a judge of the Court of Queen's Bench, the following oaths:

(a)the oath of allegiance in the form prescribed by the Oaths of Allegiance Act (Canada);

(b)in the case of a call to the bar, the oath of a barrister:

I (name) do swear (or affirm) that I will truly and honestly conduct myself in the practice of a barrister according to my best knowledge and ability.

So help me God.  (Omit this line where the person affirms.)

(c)in the case of admission as a solicitor, the oath of a solicitor:

I (name) do swear (or affirm) that I will truly and honestly conduct myself in the practice of a solicitor according to my best knowledge and ability.

So help me God.  (Omit this line where the person affirms.)

Subsection 47(9) amended

8           Subsection 47(9) is amended by striking out "three" and substituting "6".

Subsection 49(6) rep. and sub.

9(1)        Subsection 49(6) is repealed and the following is substituted:

Examination of witnesses at inquiry

49(6)       The testimony of witnesses at an inquiry shall be taken under oath, and counsel for the society and the person whose conduct or competence is the subject of the inquiry have the right to examine their own witnesses and to cross-examine a witness adverse in interest, including the deponent of an affidavit or statutory declaration submitted in evidence.

Rules of evidence

49(6.1)     The rules of evidence applicable in a civil proceeding in the Court of Queen's Bench apply at an inquiry, except that an affidavit or statutory declaration is admissible and is, in the absence of evidence to the contrary, proof of the statements made therein.

Subsection 49(7) amended

9(2)        Subsection 49(7) is amended by striking out ", on praecipe".

Subsection 52(5) rep. and sub.

10          Subsection 52(5) is repealed and the following is substituted:

Filed order of costs is court judgment

52(5)       A copy of an order of the governing body made under clause 52(1)(e) or subsection 52(4), and certified by the chief executive officer, may be filed in the Court of Queen's Bench and thereupon becomes a judgment of the court, and the order shall be deemed to be a fine and penalty imposed by the court.

Section 57 amended

11          Section 57 is amended

(a)by striking out "any regulations" and substituting "the rules";

(b)in clause (d), by striking out "he" and substituting "the student";

(c)in clause (f), by adding "and, subject to the approval of the presiding judge, participate" after "solicitor";

(d)by striking out clause (g) and substituting the following:

(g)appear, alone or as a junior with a barrister or solicitor,

(i)in the Court of Queen's Bench, in an examination for discovery, an interlocutory application and a motion in any proceeding, except an application for judicial interim release;

(ii)in the Court of Queen's Bench, on an assessment of costs before an assessment officer;

(iii)in the Family Division of the Court of Queen's Bench, in a proceeding for the enforcement of, or the recovery of arrears payable under, an order made under The Family Maintenance Act or The Child and Family Services Act;

(iv)in a proceeding under subsection 9(1) of The Court of Queen's Bench Small Claims Practices Act;

(v)in the Provincial Court or before a judge of the Provincial Court, in respect of a summary conviction offence or a proceeding, including a proceeding under The Highway Traffic Act, The Family Maintenance Act, The Child and Family Services Act, The Young Offenders Act (Canada) and the Criminal Code (Canada);

(vi)in the Provincial Court, on an application for judicial interim release, or to vacate or vary a release or detention order;

(vii)in the Provincial Court, in a proceeding in which a judge has absolute jurisdiction to try an indictable offence;

(viii)in a proceeding in the Provincial Court in which the Crown proceeds by indictment, other than a proceeding referred to in subclause (vii), to make an election, enter a plea of not guilty, or fix a date for a preliminary inquiry or trial;

(ix)to move an adjournment or hear judgment;

(x)in a proceeding under Part IV of The Landlord and Tenant Act;

(xi)in a proceeding before an administrative or public tribunal or commission;

(xii)in any other proceeding that is specified in a rule of the governing body.

Subsection 61(1) rep. and sub.

12          Subsection 61(1) is repealed and the following is substituted:

Payment of trust money to society

61(1)       A member who holds money in trust for more than 3 years may pay the money to the society

(a)where the money is not attributed to a client in the member's records; or

(b)where the money is attributed to a client in the member's records, if the member first sends, by registered mail to the client at his or her last known address, written notice of the payment and a copy of this section.

Subsection 68(1) rep. and sub.

13          Subsection 68(1) is repealed, and the following is substituted:

Term of office

68(1)       A director shall be appointed for a term of not less than 2 years and not more than 4 years, and may be reappointed.

Section 70 amended

14          Section 70 is amended by striking out "for the remainder of the unexpired term".

Coming into force

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