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S.M. 1992, c. 34
The Law Society Amendment Act
(Assented to June 24, 1992)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Law Society Act is amended by this Act.
Subsection 49(1) is amended
(a) by striking out "upon the person" and substituting "upon the member"; and
(b) by striking out "against him" and substituting "against the member".
Subsection 49(2) is repealed and the following is substituted:
A notice to be served upon a member whose conduct or competence is the subject of an inquiry may be served upon the member personally or sent by registered mail addressed to the member at the address of the member appearing in the records of the society.
Subsection 49(5) is amended
(a) by striking out "person" in the subsection and in the heading and substituting "member"; and
(b) by striking out "in his absence, and, without further notice to him," and substituting "in the member's absence and, without further notice to the member,".
Subsections 49(10) to (13) are repealed and the following is substituted:
Inquiry to be public, subject to exceptions
An inquiry shall be open to the public except where the governing body or committee is of the opinion that in the course of the inquiry
(a) information subject to a solicitor-client privilege might be disclosed; or
(b) financial, personal or other information that might be disclosed with respect to any person is of such a nature that, notwithstanding the desirability of conducting the inquiry in public, it is in the interests of a person affected by the information or in the public interest that the information not be disclosed to the public;
in which case the governing body or committee may order that the inquiry or any part of it be held in camera.
Application for in camera inquiry
The governing body or committee may make an order under subsection (10) on its own motion or on the application of the member who is the subject of the inquiry or of the complainant or any other interested party at any time before the inquiry commences or during the inquiry.
Ban on publication and broadcast
Notwithstanding that an inquiry or part of an inquiry is open to the public, and subject to subsection (13), no person shall publish in a newspaper or other publication, or broadcast on radio or television, the name of a member who is the subject of an inquiry or any information that might identify the member, unless the governing body or committee finds that the member is incompetent or guilty of professional misconduct or conduct unbecoming a barrister, solicitor or student.
A person who contravenes or fails to comply with subsection (12) is guilty of an offence and liable on summary conviction
(a) in the case of an individual, to a fine of not more than $2,000. or to imprisonment for a term not exceeding six months, or both; and
(b) in the case of a corporation, to a fine of not more than $10,000.
Offence by officer, employee of corporation
Where a corporation is guilty of an offence under this section, an officer, director, employee or agent of the corporation who directed, authorized, assented to, participated in or acquiesced in the commission of the offence, is a party to and is guilty of the offence and is liable on summary conviction to the penalties set out in subsection (12.1), whether or not the corporation is prosecuted or convicted.
Nothing in this section prevents the disclosure of information required for the purpose of an appeal under this Act, or the publication, at the direction of the governing body or a committee thereof, to members of the society, or to the public, or both, of
(a) the name of a member with respect to whom an inquiry has been conducted;
(b) the charge or complaint against the member;
(c) the findings and any resolution of the governing body or the committee with respect to the charge or complaint; and
(d) any term or condition to which the practising certificate of the member is subject.
Subsection 56(4) is amended by striking out "except, in the case of a person who was disbarred or struck off the roles or suspended under subsection 53(1) by reason of incompetence," and substituting ", except".
This Act comes into force on the day it receives royal assent.