Law Society Amendment Act, 1998 Harnick, Hon. Charles Attorney General — Bill 53 (36th Parliament, 2nd Session)

Bill 53, 36-2

Ontario — Bills

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Bill 53, Law Society Amendment Act, 1998

Harnick, Hon. Charles Attorney General

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[36] Bill 53 Original (PDF)

B053_E

Bill 53 1998

An Act to amend the Law Society Act

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

(1) Section 1 of the Law Society Act , as amended by

the Statutes of Ontario, 1991,

chapter 41,

section 1, is further amended by

adding the following definition:

Appeal Panel" means the Law Society Appeal Panel established under

Part

II. ("Comité d'appel")

(2) The definition of "bencher" in

section 1 of the Act is

repealed and the following substituted:

bencher" means a bencher of the Society, other than an honorary bencher.

("conseiller")

(3) Section 1 of the Act, as amended by the Statutes of Ontario,

1991,

chapter 41,

section 1, is further amended by adding the following

definitions:

by-laws" means the by-laws made under this Act; ("règlements

administratifs")

Chief Executive Officer" means the Chief Executive Officer of the Society;

("chef de la direction")

document" includes a paper, book, record, account, sound recording,

videotape, film, photograph, chart, graph, map, plan, survey and information

recorded or stored by computer or by means of any other device;

("document")

elected bencher" means a person who is elected as a bencher under

subsection 15 (1) or holds the office of elected bencher under subsection 15

(3); ("conseiller élu")

Hearing Panel" means the Law Society Hearing Panel established under

Part

II; ("Comité d'audition")

lay bencher" means a person appointed as a bencher by the Lieutenant

Governor in Council under

section 23; ("conseiller non juriste")

life bencher" means a person who is a bencher under paragraph 3 of

subsection 12 (1). ("conseiller à vie")

physician" means a member of the College of Physicians and Surgeons of

Ontario or a person who is authorized to practise medicine in another

province or territory of Canada; ("médecin")

psychologist" means a member of the College of Psychologists of Ontario or

a person who is authorized to practise psychology in another province or

territory of Canada. ("psychologue")

(4) The definition of "rules" in

section 1 of the Act is repealed

and the following substituted:

rules of practice and procedure" means the rules of practice and procedure

made under this Act. ("règles de pratique et de procédure")

(5) The definition of "Under Treasurer" in

section 1 of the Act is

repealed.

(6) Section 1 of the Act, as amended by the Statutes of Ontario,

1991,

chapter 41,

section 1, is further amended by adding the following

subsections:

Documents in possession or control

(2) For the purposes of this Act, a document is in the possession or

control of a person if the person is entitled to obtain the original document

or a copy of it.

Hearings

(3) A hearing is not required before making any decision under this Act,

the regulations, the by-laws or the rules of practice and procedure unless

the Act, regulations, by-laws or rules of practice and procedure specifically

require a hearing.

Section 3 of the Act is amended by striking out "rules" in the

fifth line and substituting "by-laws".

3. Sections 7 and 8 of the Act are repealed and the following

substituted:

Treasurer

7. The Treasurer is the president and head of the

Society.

Chief Executive Officer

(1) The Chief Executive Officer shall, under the

direction of Convocation, manage the affairs and functions of the

Society.

Secretary

(2) The Secretary shall carry out his or her duties under this Act, the

regulations, by-laws and rules of practice and procedure, and such other

duties as the Secretary may be instructed to undertake by the Chief Executive

Officer.

Section 9 of the Act is amended by striking out "or a rule" in

the eighth line and substituting "a by-law or a rule of practice and

procedure".

Section 11 of the Act is amended by striking out "rules" at the

end and substituting "by-laws".

Section 12 of the Act is repealed and the following

substituted:

Benchers by virtue of their office

(1) The following, if and while they are members, are

benchers by virtue of their office:

1. The Minister of Justice and Attorney General for Canada.

2. The Solicitor General for Canada.

3. Every person who has held the office of elected bencher for at least 16

years.

Same: attorneys general

(2) The following, whether or not they are members, are benchers by virtue

of their office:

1. The Attorney General for Ontario.

2. Every person who has held the office of Attorney General for

Ontario.

Same

(3) Subsection (2) does not apply to a person whose membership is in

abeyance under

section 31.

Rights and privileges

(4) Benchers by virtue of their office under subsection (1) or (2) have

the rights and privileges prescribed by the by-laws but, except as provided

in subsection (5), may not vote in Convocation or in committees.

Voting

(5) The following voting rights apply:

1. The Attorney General for Ontario may vote in Convocation and in

committees.

2. Benchers by virtue of their office under paragraph 3 of subsection

(1) or paragraph 2 of subsection (2) may vote in committees.

Elected bencher's choice

(6) An elected bencher who becomes qualified as a bencher under subsection

(1) or (2) shall choose whether to continue in office as an elected bencher

or to cease to hold office as an elected bencher and serve as a bencher under

subsection (1) or (2).

Same

(7) If a bencher chooses under subsection (6) to continue in office as an

elected bencher, he or she is eligible to be re-elected in any subsequent

election of benchers without prejudice to his or her right to become a

bencher under subsection (1) or (2) at any time so long as he or she is still

an elected bencher.

7. (1) Subsection 13 (1) of the Act is amended by striking out

"document, paper, record or thing" in the seventh and eighth lines and

substituting "document or thing".

(2) Subsection 13 (2) of the Act is amended by,

(

a) striking out "document, paper, record or thing" in the second

line and substituting "document or thing"\; and

(

b) striking out "disciplinary" in the last line.

(3) Subsection 13 (3) of the Act is amended by,

(

a) striking out "disciplinary" in the third line"\;

and

(

b) striking out "in Convocation or in a committee of benchers" in

the fourth and fifth lines and substituting "under this Act".

Section 14 of the Act is repealed and the following

substituted:

Former Treasurers

14. Every member who previously held the office of

Treasurer is a bencher by virtue of his or her office.

Section 15 of the Act, as amended by the Statutes of Ontario,

1997,

chapter 26, Schedule, is repealed and the following

substituted:

Election of benchers

(1) Forty benchers shall be elected in accordance

with the by-laws.

Regions

(2) The benchers elected under subsection (1) shall be elected for regions

prescribed by the by-laws.

Vacancies

(3) Any vacancies in the offices of elected benchers may be filled in

accordance with the by-laws.

Section 16 of the Act, as amended by the Statutes of Ontario,

1991,

chapter 41,

section 2, is repealed.

11. Sections 17, 18, 19, 20 and 21 of the Act are

repealed.

Section 23 of the Act, as amended by the Statutes of Ontario,

1997,

chapter 26, Schedule, is repealed and the following

substituted:

Lay benchers

(1) The Lieutenant Governor in Council may appoint

eight persons who are not members as benchers.

Term of office

(2) Every appointment under subsection (1) expires immediately before the

first regular Convocation following the first election of benchers that takes

place after the effective date of the appointment.

Reappointment

(3) A person appointed under this

section is eligible for

reappointment.

Deemed reappointment

(4) A person whose appointment expires under subsection (2) shall be

deemed to have been reappointed until his or her successor takes office.

Section 25 of the Act is repealed and the following

substituted:

Election of Treasurer

(1) The benchers shall annually, at such time as the

benchers may fix, elect an elected bencher as Treasurer.

Bencher by virtue of office

(2) The Treasurer is a bencher by virtue of that office and ceases to hold

office as an elected bencher.

Re-election

(3) The Treasurer is eligible for re-election as Treasurer, despite having

ceased to hold office as an elected bencher, but, after a new election of

benchers takes place under subsection 15 (1), the Treasurer may be re-elected

only if he or she is an elected bencher.

14. Subsections 27 (4), (5) and (6) of the Act are repealed and

the following substituted:

Hearing

(4) An application for admission to the Society may be refused only by the

Hearing Panel after holding a hearing.

Parties

(5) The parties to a hearing under subsection (4) are the applicant, the

Society and any other person added as a party by the Hearing Panel.

Subsequent applications

(6) If an application for admission to the Society is refused, another

application may be made at any time based on fresh evidence or a material

change in circumstances.

Definition

(7) In this section, "

admission to the Society" means,

(

a) admission as a student member, or

(

b) admission as a member other than as a temporary member.

15. The Act is amended by adding the following

section:

Notice of admission, etc.

27.1 The Secretary shall give the local registrar of the

Ontario Court (General Division) at Toronto notice of every admission to

membership and of every revocation, suspension, resignation, readmission or

other change in the status of a member or student member.

(1) Section 28 of the Act is amended by striking out the

portion before clause (

a) and substituting the following:

28. Subject to sections 30, 31 and 32 and to any order

made under

Part II,

. . . . .

(2) Clause 28 (

a) of the Act is amended by striking out "rules" at

the end and substituting "by-laws".

(3) Clause 28 (

b) of the Act is amended by striking out "rules" at

the end and substituting "by-laws".

(4) Clause 28 (

c) of the Act is amended by striking out "or" at

the end of subclause (ii), adding "or" at the end of subclause (iii) and

adding the following subclause:

(iv) who, as deans or members of the faculty of a law school in Ontario,

are called to the bar and admitted and enrolled as solicitors without

examination in accordance with the by-laws,

. . . . .

(5) Clause 28 (

d) of the Act is amended by striking out the

portion after subclause (ii) and substituting the following:

are student members, with the rights and privileges prescribed by the

by-laws, until they cease to be students-at-law in the Bar Admission

Course.

(1) Subsection 28.1 (1) of the Act, as enacted by the Statutes

of Ontario, 1991,

chapter 41,

section 3, is amended by striking out "by

Convocation" in the fourth line.

(2) Section 28.1 of the Act, as enacted by the Statutes of

Ontario, 1991,

chapter 41,

section 3, is amended by adding the following

subsections:

Hearing

(2.1) A request for admission of a temporary member of the Society may be

refused only by the Hearing Panel after holding a hearing.

Parties

(2.2) The parties to a hearing under subsection (2.1) are the Attorney

General, the person for whom temporary membership is requested, the Society

and any other person added as a party by the Hearing Panel.

(3) Subsection 28.1 (3) of the Act, as enacted by the Statutes of

Ontario, 1991,

chapter 41,

section 3, is amended by,

(

a) striking out "oath" in the third line and substituting

"oaths"\;

(

b) striking out "affirmation" in the third and fourth lines and

substituting "affirmations"\; and

(

c) striking out "rules" in the

Document details

Collection	Ontario — Bills
Citation	Bill 53, 36-2
Type	bill
Volume / chapter	p36 s2 bill 53 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	79a9b7fb97be72d8346890fcdbefa7914500d6a2

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