Third Session, Thirty-Seventh 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.
Bill 48
Section | Table of Contents |
PART 1 | |
DEFINITIONS | |
1 | Definitions |
PART 2 | |
THE LAW SOCIETY | |
STATUS AND PURPOSE | |
2(1) | Law Society continued |
(2) | Powers |
(3) | Corporations Act does not apply |
3(1) | Purpose |
(2) | Duties |
GOVERNING BODY | |
4(1) | Governing body continued |
(2) | Benchers' mandate and powers |
(3) | Benchers may act by resolution |
(4) | Benchers may act despite vacancies |
(5) | General power to make rules |
(6) | Rules are binding |
5 | Membership of governing body |
6(1) | Rules re election of benchers |
(2) | What the rules must provide |
(3) | What the rules may provide |
7(1) | Appointed benchers |
(2) | Rules re appointed benchers |
8 | Term of office |
9(1) | Life benchers |
(2) | Part year counts as a year |
10 | Honorary benchers |
OFFICERS | |
11(1) | President and vice-president |
(2) | Substitutes |
12(1) | Chief executive officer |
(2) | Powers and duties |
(3) | Delegation |
13 | Other officers |
MEETINGS | |
14 | Meetings of benchers |
15(1) | Meetings of members |
(2) | Annual report |
(3) | Rules about membership meetings |
COMMITTEES | |
16(1) | Benchers may establish committees |
(2) | Rules re committees |
MEMBERS OF THE SOCIETY | |
17(1) | Who is a member |
(2) | Qualification for membership |
(3) | Ceasing to be a member |
(4) | Members may not resign |
(5) | Rules about membership and authority to practise |
18(1) | Membership records |
(2) | Rules re membership records and other books |
MEMBERSHIP FEES AND ASSESSMENTS | |
19(1) | Admission fees |
(2) | Annual fees for practising lawyers |
(3) | Exemption re contribution to claims fund |
(4) | Setting fees and assessments |
(5) | Rules re fees and assessments |
PART 3 | |
AUTHORITY TO PRACTISE LAW | |
GENERAL | |
20(1) | Authority to practise law |
(2) | Unauthorized practice of law |
(3) | Interpretation: carrying on the practice of law |
(4) | Exceptions |
21 | Practice by students |
INTERJURISDICTIONAL PRACTICE | |
22 | Interjurisdictional practice |
23 | Interjurisdictional law firms |
24 | Members practising outside Manitoba |
LIMITED LIABILITY PARTNERSHIPS | |
25(1) | Authority to practise in limited liability partnership |
(2) | Rules re limited liability partnerships |
ENFORCEMENT | |
26 | Employment or engagement of former or suspended member |
27 | False representation |
28(1) | Offence |
(2) | Offence by corporation |
(3) | Penalty |
(4) | Fine payable to minister |
(5) | Prosecution by society or others |
(6) | Recovery of fine |
29(1) | Society may apply for injunction |
(2) | Court may grant injunction |
PART 4 | |
LAW CORPORATIONS | |
30 | Definitions |
31(1) | Authority of law corporation to practise law |
(2) | How law corporation may practise |
32(1) | Corporate permit |
(2) | Refusal to issue permit |
33(1) | Business without permit prohibited |
(2) | Valid permit |
(3) | Restriction on business of law corporation |
(4) | Validity of corporate act |
34(1) | Voting agreements void |
(2) | Unanimous shareholders' agreements void |
35(1) | Application of Act and rules |
(2) | Obligations to clients not diminished |
36(1) | Liability of members |
(2) | Liability of voting shareholders |
37(1) | Grounds for suspension or revocation of permit |
(2) | Limitation |
38 | References in other Acts, regulations, etc. |
39 | Rules re law corporations |
PART 5 | |
REPRESENTATION IN HIGHWAY TRAFFIC MATTERS | |
40(1) | Authority to act as agent or provide advice |
(2) | Limitation |
(3) | Justice may bar agent |
41 | Privileged communication |
42 | Regulations |
PART 6 | |
PROTECTION OF THE PUBLIC | |
DIVISION 1 | |
PRACTICE STANDARDS AND LAWYER ASSISTANCE PROGRAMS | |
43 | Practice standards |
44 | Programs to assist lawyers |
DIVISION 2 | |
PROFESSIONAL LIABILITY CLAIMS FUND | |
45(1) | "Professional liability claim" defined |
(2) | Professional liability claims fund continued |
(3) | Purpose of claims fund |
(4) | Property of claims fund |
(5) | Professional liability insurance |
(6) | Payments out of claims fund |
(7) | Rules re claims fund |
DIVISION 3 | |
REIMBURSEMENT FUND | |
46(1) | Reimbursement fund continued |
(2) | Purpose of reimbursement fund |
(3) | Property of reimbursement fund |
47(1) | When loss may be compensated |
(2) | Reimbursement is discretionary |
(3) | Recovery of compensation |
(4) | Application of money recovered |
(5) | Rules re reimbursement fund |
48(1) | Interjurisdictional reimbursement program |
(2) | Funding interjurisdictional program or losses |
DIVISION 4 | |
ACCOUNTABILITY FOR TRUST PROPERTY | |
49(1) | Rules re financial responsibility |
(2) | Trustee Act |
50(1) | Interest on trust deposits |
(2) | Interest to foundation |
(3) | Not required to account for interest |
(4) | Client-directed investment |
51(1) | Unclaimed trust money |
(2) | Liability for trust money extinguished |
(3) | Trust property |
(4) | Payment to claimant |
(5) | Appeal to Court of Queen's Bench |
(6) | Property held for 10 years |
DIVISION 5 | |
LAWYERS' FEES | |
52 | Court's power to tax or revise costs |
53 | Client may apply for assessment |
54(1) | Rules re interest |
(2) | Change of interest on taxation |
55(1) | Meaning of "contingency contract" |
(2) | No requirement for action |
(3) | Requirements on making contingency contract |
(4) | Failure to comply |
(5) | Application for declaration that contract unfair |
(6) | Manner of giving evidence |
(7) | Declaration voiding contract |
DIVISION 6 | |
CUSTODIANSHIP | |
56 | Definitions |
57(1) | Court order appointing custodian |
(2) | Criteria for making the order |
(3) | Authority to enter and seize |
(4) | Additional orders |
(5) | Notice of application |
(6) | Service of court order |
(7) | Responsibility of person served |
58 | Custodian to give notice of property held |
59(1) | Claiming a solicitor's lien |
(2) | Custodian to give notice of claim |
(3) | Custodian may override lien |
60 | No liability |
61 | Court costs |
62 | Recovery of expenses by society |
DIVISION 7 | |
COMPLAINTS AND DISCIPLINE GENERALLY | |
63 | Definitions |
64(1) | Disciplinary jurisdiction |
(2) | Member disciplined in foreign jurisdiction |
65 | Contravention of Act or rules |
DIVISION 8 | |
COMPLAINTS AND INVESTIGATIONS | |
66 | Complaints investigations |
67 | Right to obtain information |
68 | Committee may suspend or impose conditions |
69(1) | Confidentiality of complaints and proceedings |
(2) | Permitted disclosure |
DIVISION 9 | |
DISCIPLINE PROCEEDINGS | |
70 | Discipline committee |
71 | Provisions applicable to hearings |
72(1) | Consequences of professional misconduct or conduct unbecoming |
(2) | Consequences of incompetence |
(3) | Order of fine or costs may be filed as court order |
73(1) | Additional consequences: interjurisdictional law firm |
(2) | Contravention of rules by interjurisdictional law firm |
(3) | Failure to pay fine |
74 | Extraprovincial misconduct |
DIVISION 10 | |
APPEALS | |
75(1) | Appeal of interim suspension |
(2) | Time limit for appeal |
(3) | Further appeal |
76(1) | Appeal to Court of Appeal |
(2) | Appeal by society |
(3) | Time limit for appeal |
DIVISION 11 | |
CONFIDENTIALITY AND PRIVILEGE | |
77 | Solicitor-client privilege applies |
78(1) | Exclusion of members of public |
(2) | How and when order can be made |
79(1) | No publication before conviction |
(2) | Liability of directors, officers and employees |
(3) | Society may permit publication before conviction |
80 | Publication after conviction |
81(1) | Exclusion of public to preserve privilege |
(2) | Disclosure of information in judgment |
82(1) | Rules to preserve privilege |
(2) | Privileged records not to be produced |
DIVISION 12 | |
EXTENSION OF APPLICATION | |
83(1) | Application of Divisions extended |
(2) | Application of rules extended |
PART 7 | |
GENERAL | |
84(1) | Order of precedence |
(2) | Existing appointments |
85 | Service and receipt of documents |
86 | No liability |
PART 8 | |
THE MANITOBA LAW FOUNDATION | |
87 | Manitoba Law Foundation continued |
88 | Purpose of foundation |
89(1) | Powers of foundation |
(2) | Employment of staff |
90(1) | Legal Aid and Law Society grants |
(2) | Pro rata amounts |
(3) | Reports from Legal Aid and Law Society |
(4) | Discretionary grants |
(5) | "Fiscal year" defined |
91 | Board of directors |
92 | Powers of board |
93(1) | Term of office |
(2) | Appointment of successors |
94 | Disqualification of director |
95 | Vacancies |
96 | Remuneration |
97 | Chairperson |
98 | Meetings |
99 | Quorum |
100 | Conflict of interest |
101(1) | Annual audit and report |
(2) | Tabling in Legislative Assembly |
102 | No liability |
103 | Corporations Act does not apply |
PART 9 | |
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING | |
104(1) | Transitional: holding office |
(2) | Transitional: proceedings |
(3) | Transitional rules |
105 | Consequential amendment, C.C.S.M. c. C180 |
106(1) | Consequential amendments, C.C.S.M. c. C330 |
(2) | |
(3) | |
(3) | Non-lawyers acting as prosecutors |
107(1) | Consequential amendments, C.C.S.M. c. L105 |
(2) | |
(3) | |
(3) | Articling students |
(4) | |
15.1(1) | Use of non-lawyers |
(5) | |
108 | Repeal |
109 | C.C.S.M. reference |
110(1) | Coming into force |
(2) |