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S.M. 1997, c. 43

THE LAW SOCIETY AMENDMENT ACT

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(Assented to June 28, 1997)

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.

2

Section 1 is amended by adding the following definition in alphabetical order:

"foreign jurisdiction" means a country other than Canada, or a jurisdiction within a country other than Canada in which the practice of law within the jurisdiction is regulated by the laws of the jurisdiction; (« juridiction étrangère »)

3

Section 36 is amended

(a) by repealing clause (l) and substituting the following:

(l) make rules authorizing members of the legal profession of another Canadian jurisdiction, other than members of the society, to practise in Manitoba as barristers and solicitors, including, without limitation, rules establishing or respecting

(i) the terms and conditions under which they are entitled, without having to satisfy the requirements of section 44, to practise in Manitoba, and

(ii) the rights, privileges, restrictions, standards and duties applicable to their practice in Manitoba;

(b) by repealing clause (q) and substituting the following:

(q) fix the fees payable to the society

(i) for admission of persons as students and solicitors,

(ii) for a call to the bar,

(iii) for the issuance of a certificate permitting a member of the legal profession of another Canadian jurisdiction to practise in Manitoba, or

(iv) for the issuance or renewal of a permit or licence under section 42.1;

(c) by adding "in respect of their conduct in Manitoba or any other jurisdiction" at the end of clause (t);

(d) by adding the following after clause (t):

(t.1) exercise disciplinary jurisdiction over members of the legal profession of another Canadian jurisdiction in respect of their conduct in the course of practising occasionally in Manitoba;

(e) by adding "to practise in Manitoba or any other jurisdiction" at the end of clause (u); and

(f) by adding the following after clause (u):

(u.1) exercise jurisdiction over members of the legal profession of another Canadian jurisdiction in respect of their competence to practise in Manitoba;

4

Subsection 37(1) is amended

(a) by striking out "practising in the province" and substituting "practising in Manitoba or any other Canadian jurisdiction"; and

(b) in the English version, by striking out "him in his" and substituting "the member in a".

5

The following is added after section 37:

Reimbursement program

37.1(1)

The governing body may participate with the governing bodies of the legal profession in other Canadian jurisdictions in a program to reimburse, in whole or in part, persons sustaining pecuniary loss by reason of a misappropriation or conversion, by a member of the legal profession of a Canadian jurisdiction, of money or other property entrusted to or received by the member in the course of his or her practising in another Canadian jurisdiction in which he or she is not a member of the legal profession.

Use of reimbursement fund

37.1(2)

The governing body may use monies from the special fund referred to in subsection 37(1) for the purposes of

(a) contributing to the program referred to in subsection (1); and

(b) reimbursing, in whole or in part, persons sustaining pecuniary loss by reason of the misappropriation or conversion, by a member of the society, of money or other property entrusted to or received by the member while practising in another Canadian jurisdiction in which he or she is not a member of the legal profession.

6(1)

Subsection 42.1(1) is amended by striking out " qualified to practise law in a country, or within a jurisdiction of a country, other than Canada to practise the law of the country or jurisdiction" and substituting "entitled to practise law in a foreign jurisdiction to practise the law of that jurisdiction".

6(2)

Subsection 42.1(3) of the English version is amended

(a) by striking out "practise by" and substituting "the practice of law by"; and

(b) by striking out "their practise" and substituting "their practice".

7

The following is added after section 42.1:

Definitions

42.2(1)

In this section

"inter-jurisdictional law firm" means a law firm, not all of the members of which are members of the society, that maintains an office in Manitoba and an office in another jurisdiction; (« cabinet d'avocats international ou multiprovincial »)

"law firm" means

(a) a partnership or professional law corporation carrying on or holding out to the public that it carries on the practice of law, and

(b) any two or more persons carrying on jointly or in association with each other, or holding out to the public that they so carry on, the practice of law; (« cabinet d'avocats »)

"member", in relation to a law firm, means

(a) a partner or voting shareholder of the firm, and

(b) a person referred to in clause (b) of the definition "law firm". (« membre »)

Permitted services of inter-jurisdictional law firm

42.2(2)

An inter-jurisdictional law firm may provide legal services to the public in Manitoba only if

(a) at least one member of the firm

(i) is entitled, as a member of the society, to practise law in Manitoba, and

(ii) practises law principally in Manitoba; and

(b) where the firm maintains an office in one or more foreign jurisdictions, the governing body is satisfied that the requirements of those jurisdictions, or of a substantial number of them, are similar to the requirements of this Act and the rules of the governing body that apply to inter-jurisdictional law firms.

Books and records of inter-jurisdictional law firms

42.2(3)

An inter-jurisdictional law firm shall

(a) make available to the society or its designated agent, on demand, the books, records and accounts the firm is required to keep with respect to its practice in Manitoba; and

(b) keep those books, records and accounts in Canada.

Prohibition re noncompliant firm

42.2(4)

No member of the society shall practise, otherwise than under the authority of section 42.1, in Manitoba as a member, employee or associate of an inter-jurisdictional law firm that does not satisfy the requirements of this section or the rules of the governing body that apply to it.

Limited authority of non-members to practise

42.2(5)

Subsection (2) does not entitle a person who is not a member of the society to practise as barrister or a solicitor in Manitoba beyond the scope of the authority given to the person by section 42.1 or the rules of the governing body made under clause 36(l).

Discipline

42.2(6)

Where an inter-jurisdictional law firm or any of its members, employees or associates

(a) does or permits the doing of anything in Manitoba that would, if done by a member of the society, constitute professional misconduct, incompetence, conduct unbecoming a barrister or solicitor or a breach of this Act or the rules of the governing body; or

(b) fails to comply with a requirement imposed by this section or the rules of the governing body made under this section;

the governing body or the discipline committee may, after holding an inquiry in accordance with this Act and the rules of the governing body, reprimand the firm or order the firm to pay a fine not greater than $100,000., or both.

Failure to pay fine

42.2(7)

Where an inter-jurisdictional law firm is ordered under subsection (6) to pay a fine and the firm fails to pay it by the date it is due, the governing body may prohibit persons from practising in Manitoba as members, employees or associates of the firm until the fine is paid in full.

Rules

42.2(8)

The governing body may make rules

(a) respecting procedures for disciplinary action against an inter-jurisdictional law firm;

(b) respecting any other matter or thing it considers necessary or advisable for the purposes of this section.

Application of other provisions

42.2(9)

This Act and the rules of the governing body apply, with necessary modifications, to inter-jurisdictional law firms.

Practice in other Canadian jurisdiction

42.3(1)

A member of the society who practises law in a Canadian jurisdiction other than Manitoba shall

(a) comply with the legislation, regulations, rules and code of professional conduct applicable to the members of the legal profession in the other jurisdiction; and

(b) on request by the governing body of the legal profession in the other jurisdiction, file with the body a statement setting out the names of all law societies or similar organizations in which the member holds a membership.

Extraprovincial professional misconduct

42.3(2)

A member who, in connection with his or her practice of law in another Canadian jurisdiction,

(a) is the subject of a declaration by a disciplinary authority in that jurisdiction that he or she would, if he or she had been a member of the law society or similar organization in that jurisdiction, have been disbarred or suspended from practising or had conditions imposed on his or her practice; or

(b) violates or fails to comply with an order of a disciplinary authority of that jurisdiction;

is guilty of professional misconduct.

Disciplinary proceedings

42.3(3)

The governing body may take disciplinary proceedings against a member, notwithstanding that the member has been the subject of a disciplinary proceeding in another Canadian jurisdiction in respect of the same or related conduct, and may impose any penalty it considers appropriate.

Evidence

42.3(4)

In a disciplinary proceeding arising out of a member's practice in another Canadian jurisdiction, the filing with an inquiry of a certified copy of the disciplinary decision rendered by the governing body or disciplinary authority in the other jurisdiction finding the member guilty of professional misconduct, conduct unbecoming a barrister or solicitor or incompetence under the laws, rules or code of ethics applicable to the practice of law in that jurisdiction is, in the absence of evidence to the contrary, proof of the member's guilt.

8

Subsection 49(13) is amended in the part preceding clause (a) by striking out "or to the public, or both," and substituting "to another governing body of the legal profession, to the public, or to any combination of them,".

9 Subsection 50(3) is amended in the part preceding clause (a) by striking out "or the public, or both" and substituting "to another governing body of the legal profession, to the public, or to any combination of them,".

Coming into force

10

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