2nd Session, 42nd Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
THE LEGAL PROFESSION AMENDMENT ACT
|Bilingual version (PDF)||Explanatory Note|
(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.
Section 1 is amended by adding the following definitions:
"limited practice certificate" means a certificate issued to a person under section 25.1 that authorizes the person to engage in the limited practice of law. (« certificat d'exercice restreint »)
"limited practitioner" means a person who holds a valid limited practice certificate issued by the society. (« praticien à exercice restreint »)
The following is added after section 1:
Expanded definitions — "lawyer", "member" and "practising lawyer"
In the provisions of this Act specified by regulation made under clause 25.2(1)(c), a reference to "lawyer", "member" or "practising lawyer" includes a reference to a limited practitioner, subject to any changes set out in that regulation.
The following is added after clause 20(4)(e):
(f) a person or a member of a class of persons set out in rules made under section 20.1 who is providing the legal services specified in those rules in accordance with any conditions or restrictions in those rules.
The following is added after section 20:
Rules re permitted legal service providers
The benchers may make rules permitting a person or a member of a class of persons set out in the rules to provide specified legal services, subject to any conditions or restrictions set out in the rules.
The following is added after section 25 and before the centred heading that follows it:
The society may issue a limited practice certificate that authorizes the holder to carry on the limited practice of law as specified in the certificate, subject to the rules and regulations.
A limited practice certificate may be issued to a person who
(a) does not meet the requirements to become a member as a lawyer or student;
(b) has complied with the rules respecting applications for limited practice certificates;
(c) has satisfied all education and training requirements set out in the rules and regulations;
(d) agrees to practise law in accordance with the conditions and restrictions that apply to limited practitioners; and
(e) pays the fees specified in the rules.
Rules re limited practitioners
The benchers may make rules respecting the issuance of limited practice certificates and the regulation of limited practitioners, including rules respecting
(a) eligibility requirements to become a limited practitioner;
(b) applications for a limited practice certificate, including the application fee;
(c) criteria to be considered on an application for a limited practice certificate;
(d) education and training of limited practitioners;
(e) annual fees to be paid by limited practitioners;
(f) any insurance to be maintained by limited practitioners;
(g) conditions and restrictions on the practice of law by limited practitioners;
(h) measures to ensure the competence of limited practitioners;
(i) discipline of limited practitioners.
The benchers may establish or adopt a code of conduct for limited practitioners.
Regulations re limited practitioners
The Lieutenant Governor in Council may make regulations
(a) respecting the education and training of limited practitioners;
(b) establishing conditions, restrictions or prohibitions on the practice of law by limited practitioners, including prohibiting limited practitioners from practising specified areas of law or engaging in specified activities;
(c) specifying the provisions of this Act that apply to limited practitioners, with any necessary changes;
(d) respecting any other matter necessary or advisable to regulate limited practitioners.
If there is a conflict or inconsistency between the rules and the regulations respecting limited practitioners, the regulations prevail.
Compliance with rules and regulations
A limited practitioner must comply with the rules and regulations respecting limited practitioners.
The chief executive officer must maintain a register of limited practitioners.
The chief executive officer must record any change to the status of a limited practitioner and any conditions or restrictions imposed on a limited practitioner that do not apply to all limited practitioners.
Reference in other Acts and regulations
Unless expressly provided otherwise, a reference in any other Act or in any regulation, rule, by-law or order made under any other Act to a lawyer, barrister, solicitor or other person entitled to carry on the practice of law is deemed to include a reference to a limited practitioner, if the practitioner is authorized to provide the legal services referred to in that provision.
Clause 27(a) is replaced with the following:
(a) a lawyer , student or limited practitioner; or
This Act comes into force on a day to be fixed by proclamation.