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).
THE LEGAL PROFESSION AMENDMENT ACT
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Legal Profession Act is amended by this Act.
The following is added after Part 5:
REPRESENTATION BEFORE THE
AUTOMOBILE INJURY COMPENSATION
Authority to act as agent or provide advice
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.
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.
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.
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.
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.
This Act comes into force on a day to be fixed by proclamation.