Law Society Act

PART 0.I

1 (1) In this Act, “adjudicative body” means any body that, after the presentation of evidence or legal argument by one or more persons, makes a decision that affects a person’s legal interests, rights or responsibilities and, without limiting the generality of the foregoing, includes, (a) a federal or provincial court, (b) a tribunal established under an Act of Parliament or under an Act of the Legislature of Ontario, (c) a commission or board appointed under an Act of Parliament or under an Act of the Legislature of Ontario to conduct an inquiry or inquest, and (d) an arbitrator; (“organisme juridictionnel”) “Appeal Division” means the Law Society Tribunal Appeal Division continued under Part II; (“Section d’appel”) “bencher” means a bencher of the Society, other than an honorary bencher; (“conseiller”) “by-laws” means the by-laws made under this Act; (“règlements administratifs”) “cer…

1.1 (1) In this section, “amendment day” means the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 comes into force; (“jour de la modification”) “member” means a member as defined in section 1, as it reads immediately before the amendment day, and “membership” has a corresponding meaning. (“membre”, “qualité de membre”) 2006, c. 21, Sched. C, s. 3. Members deemed licensees (2) Every person who is a member immediately before the amendment day shall be deemed to become, on the amendment day, a person licensed to practise law in Ontario as a barrister and solicitor and to hold the class of licence determined under the by-laws. 2006, c. 21, Sched. C, s. 3. Abeyance (3) If a person’s membership in the Society is in abeyance under section 31 immediately before the amendment day, the person’s licence shall be deemed to be in abeyance under section 31 on the amendment day. …

PART I

The Society

2 (1) The Law Society of Upper Canada is continued under the name Law Society of Ontario in English and Barreau de l’Ontario in French. 2018, c. 8, Sched. 15, s. 2. Status (2) The Society is a corporation without share capital and its members at a point in time are, (a) the person who is the Treasurer at that time; (b) the persons who are benchers at that time; (c) the persons who are at that time licensed to practise law in Ontario as barristers and solicitors; and (d) the persons who are at that time licensed to provide legal services in Ontario, who shall be referred to as paralegal members. 2006, c. 21, Sched. C, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 5 - 01/05/2007 2018, c. 8, Sched. 15, s. 2 - 08/05/2018

3 A meeting of the members of the Society shall be held annually at such place and at such time as is determined from time to time in Convocation, notice of which shall be given by publication as provided by the by-laws. R.S.O. 1990, c. L.8, s. 3; 1998, c. 21, s. 2; 2006, c. 21, Sched. C, s. 6. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 2 - 01/02/1999 2006, c. 21, Sched. C, s. 6 - 01/05/2007

4 The permanent seat of the Society shall continue to be at Osgoode Hall in the City of Toronto. R.S.O. 1990, c. L.8, s. 4.

4.1 It is a function of the Society to ensure that, (a) all persons who practise law in Ontario or provide legal services in Ontario meet standards of learning, professional competence and professional conduct that are appropriate for the legal services they provide; and (b) the standards of learning, professional competence and professional conduct for the provision of a particular legal service in a particular area of law apply equally to persons who practise law in Ontario and persons who provide legal services in Ontario. 2006, c. 21, Sched. C, s. 7. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 7 - 01/05/2007

4.2 In carrying out its functions, duties and powers under this Act, the Society shall have regard to the following principles: 1. The Society has a duty to maintain and advance the cause of justice and the rule of law. 2. The Society has a duty to act so as to facilitate access to justice for the people of Ontario. 3. The Society has a duty to protect the public interest. 4. The Society has a duty to act in a timely, open and efficient manner. 5. Standards of learning, professional competence and professional conduct for licensees and restrictions on who may provide particular legal services should be proportionate to the significance of the regulatory objectives sought to be realized. 2006, c. 21, Sched. C, s. 7. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 7 - 01/05/2007 Powers of society

5 (1) The Society may purchase, acquire, take by gift, bequest, devise, donation or otherwise any real or personal property for its purposes, and it may hold, sell, mortgage, lease or dispose of any of its real or personal property. R.S.O. 1990, c. L.8, s. 5 (1). Trustee powers (2) The Society has and may exercise all powers of trustees under the laws of Ontario. R.S.O. 1990, c. L.8, s. 5 (2). Borrowing power (3) The Society may borrow money for its purposes. R.S.O. 1990, c. L.8, s. 5 (3). Capacity to hold an interest in an insurance corporation (4) The Society may own shares of or hold a membership interest in an insurance corporation incorporated for the purpose of providing professional liability insurance to licensees and to persons qualified to practise law outside Ontario in Canada. R.S.O. 1990, c. L.8, s. 5 (4); 2006, c. 21, Sched. C, s. 8. Section Amendments with date in force (d…

6. The Not-for-Profit Corporations Act, 2010 does not apply to the Society, except as may be prescribed by regulation. 2010, c. 15, s. 230 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 9 - 01/05/2007 2010, c. 15, s. 230 (1) - 19/10/2021 2017, c. 20, Sched. 7, s. 79 - 13/01/2018

7 The Treasurer is the president and head of the Society. 1998, c. 21, s. 3. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 3 - 01/02/1999

8 (1) The Chief Executive Officer shall, under the direction of Convocation, manage the affairs and functions of the Society. 1998, c. 21, s. 3. (2) Repealed: 2006, c. 21, Sched. C, s. 10. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 3 - 01/02/1999 2006, c. 21, Sched. C, s. 10 - 01/05/2007

9 No action or other proceedings for damages shall be instituted against the Treasurer or any bencher, official of the Society or person appointed in Convocation for any act done in good faith in the performance or intended performance of any duty or in the exercise or in the intended exercise of any power under this Act, a regulation, a by-law or a rule of practice and procedure, or for any neglect or default in the performance or exercise in good faith of any such duty or power. R.S.O. 1990, c. L.8, s. 9; 1998, c. 21, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 4 - 01/02/1999

Benchers

10 The benchers shall govern the affairs of the Society. 2006, c. 21, Sched. C, s. 11. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 11 - 01/05/2007

11 Every person, (a) who is an honorary bencher on the 1st day of October, 1970; or (b) who after that day is made an honorary bencher,

is an honorary bencher but as such has only the rights and privileges prescribed by the by-laws. R.S.O. 1990, c. L.8, s. 11; 1998, c. 21, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 5 - 01/02/1999

12 (1) The following, if and while they are licensees, 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, by June 1, 2015, held the office of elected bencher for at least 16 years. 1998, c. 21, s. 6; 2006, c. 21, Sched. C, s. 12 (1); 2010, c. 1, Sched. 12, s. 2 (1). Same: attorneys general (2) The following are benchers by virtue of their office: 1. The Attorney General for Ontario. 2. Every person who held the office of Attorney General for Ontario at any time before January 1, 2010. 1998, c. 21, s. 6; 2006, c. 21, Sched. C, s. 12 (2); 2010, c. 1, Sched. 12, s. 2 (2). Same (3) Subsections (1) and (2) do not apply to a person whose licence is in abeyance under section 31. 2006, c. 21, Sched. C, s. 12 (3). Rights and privileges (4) Benchers by virtue of their office under subsection …

13 (1) The Attorney General for Ontario shall serve as the guardian of the public interest in all matters within the scope of this Act or having to do in any way with the practice of law in Ontario or the provision of legal services in Ontario, and for this purpose he or she may at any time require the production of any document or thing pertaining to the affairs of the Society. R.S.O. 1990, c. L.8, s. 13 (1); 1998, c. 21, s. 7 (1); 2006, c. 21, Sched. C, s. 13. Admissions (2) No admission of any person in any document or thing produced under subsection (1) is admissible in evidence against that person in any proceedings other than proceedings under this Act. R.S.O. 1990, c. L.8, s. 13 (2); 1998, c. 21, s. 7 (2). Protection of Minister (3) No person who is or has been the Attorney General for Ontario is subject to any proceedings of the Society or to any penalty imposed under this Act fo…

14 (1) Every licensee who held the office of Treasurer at any time before January 1, 2010 is a bencher by virtue of his or her office. 2010, c. 1, Sched. 12, s. 3. Rights and privileges (2) Benchers by virtue of their office under subsection (1) have the rights and privileges prescribed by the by-laws. 2020, c. 11, Sched. 13, s. 2. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 8 - 01/02/1999 2006, c. 21, Sched. C, s. 14 - 01/05/2007 2010, c. 1, Sched. 12, s. 3 - 18/05/2010 2020, c. 11, Sched. 13, s. 2 - 08/07/2020

15 (1) Forty persons who are licensed to practise law in Ontario as barristers and solicitors shall be elected as benchers in accordance with the by-laws. 2006, c. 21, Sched. C, s. 15. Regions (2) The benchers elected under subsection (1) shall be elected for regions prescribed by the by-laws. 2006, c. 21, Sched. C, s. 15. Vacancies (3) Any vacancies in the offices of benchers who are licensed to practise law in Ontario as barristers and solicitors may be filled in accordance with the by-laws. 2006, c. 21, Sched. C, s. 15. Ceasing to be bencher (4) A person who is elected as a bencher under subsection (1) or who holds the office of elected bencher under subsection (3) ceases to be a bencher if the person ceases to be licensed to practise law in Ontario as a barrister and solicitor. 2006, c. 21, Sched. C, s. 15. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 9 - 01/02/1999 …

16 (1) Five persons who are licensed to provide legal services in Ontario shall be elected as benchers in accordance with the by-laws. 2006, c. 21, Sched. C, s. 16; 2013, c. 17, s. 3 (1). Regions (2) If the by-laws so require, the benchers elected under subsection (1) shall be elected for regions prescribed by the by-laws. 2006, c. 21, Sched. C, s. 16. Vacancies (3) Any vacancies in the offices of benchers who are licensed to provide legal services in Ontario may be filled in accordance with the by-laws. 2006, c. 21, Sched. C, s. 16. Ceasing to be bencher (4) A person who is elected as a bencher under subsection (1) or who holds the office of elected bencher under subsection (3) ceases to be a bencher if the person ceases to be licensed to provide legal services in Ontario. 2006, c. 21, Sched. C, s. 16. (5)-(7) Repealed: 2013, c. 17, s. 3 (4). Section Amendments with date in force (d/m/y…

17-21 Repealed: 1998, c. 21, s. 11. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 11 - 01/02/1999

22 The benchers may remove from office any elected bencher who fails to attend six consecutive regular Convocations. R.S.O. 1990, c. L.8, s. 22.

23 (1) The Lieutenant Governor in Council may appoint eight persons who are not licensees as benchers. 2006, c. 21, Sched. C, s. 17 (1). Term of office (2) Every appointment under subsection (1) expires immediately before the first regular Convocation following the first election of benchers under subsection 15 (1) that takes place after the effective date of the appointment. 2006, c. 21, Sched. C, s. 17 (2). Reappointment (3) A person appointed under this section is eligible for reappointment. 1998, c. 21, s. 12. 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. 1998, c. 21, s. 12. Termination of appointment (5) A person’s appointment under this section is terminated if the person becomes a licensee. 2006, c. 21, Sched. C, s. 17 (3). Section Amendments with date in force (d/m…

24 Ten benchers present and entitled to vote in Convocation constitute a quorum for the transaction of business. R.S.O. 1990, c. L.8, s. 24.

25 (1) The benchers shall annually, at such time as the benchers may fix, elect an elected bencher as Treasurer. 1998, c. 21, s. 13. 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. 1998, c. 21, s. 13. Re-election as Treasurer (3) The Treasurer is eligible for re-election as Treasurer, despite having ceased to hold office as an elected bencher, but, (a) after a new election of benchers takes place under subsection 15 (1), a Treasurer who is a person licensed to practise law in Ontario may be re-elected as Treasurer only if he or she was elected as a bencher in that election; and (b) after a new election of benchers takes place under subsection 16 (1), a Treasurer who is a person licensed to provide legal services in Ontario may be re-elected as Treasurer only if he or she was elected as a bencher in that …

Paralegal Standing Committee Paralegal Standing Committee

25.1 (1) Convocation shall establish a standing committee to be known as the Paralegal Standing Committee in English and Comité permanent des parajuristes in French. 2006, c. 21, Sched. C, s. 19. Jurisdiction (2) The Committee shall be responsible for such matters as the by-laws specify relating to the regulation of persons who provide legal services in Ontario. 2006, c. 21, Sched. C, s. 19. Composition (3) The Committee shall consist of 13 persons, of whom, (a) five shall be the five elected benchers licensed to provide legal services in Ontario; (b) five shall be elected benchers who are licensed to practise law in Ontario as barristers and solicitors; and (c) three shall be lay benchers. 2006, c. 21, Sched. C, s. 19; 2013, c. 17, s. 4 (1). (4), (5) Repealed: 2013, c. 17, s. 4 (2). Other Committee members (6) The five persons referred to in clause (3) (b) and the three persons referred…

25.2 Repealed: 2013, c. 17, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 19 - 19/10/2006 2013, c. 17, s. 5 - 12/12/2013

Advisory Council

26 (1) The Treasurer shall convene a meeting of the following persons in each year for the purpose set out in subsection (2): 1. The chair and the vice-chair of each standing committee. 2. The president of each county or district law association, or his or her nominee, being a member of his or her association. 3. One person licensed to practise law in Ontario as a barrister and solicitor who is a full-time teacher at each law school in Ontario approved by the Society, to be appointed annually by the faculty of the law school. 2006, c. 21, Sched. C, s. 20. Purpose (2) The purpose of the meeting is to consider the manner in which the persons licensed to practise law in Ontario as barristers and solicitors are discharging their obligations to the public and generally matters affecting the practice of law as a whole. 2006, c. 21, Sched. C, s. 20. Section Amendments with date in force (d/m/y)…

PART I.1

Prohibitions and Offences Prohibitions

26.1 (1) Subject to subsection (5), no person, other than a licensee whose licence is not suspended, shall practise law in Ontario or provide legal services in Ontario. 2006, c. 21, Sched. C, s. 22. Non-licensee holding out, etc. (2) Subject to subsections (6) and (7), no person, other than a licensee whose licence is not suspended, shall hold themself out as, or represent themself to be, a person who may practise law in Ontario or a person who may provide legal services in Ontario. 2006, c. 21, Sched. C, s. 22. Licensee practising law or providing legal services (3) No licensee shall practise law in Ontario or provide legal services in Ontario except to the extent permitted by the licensee’s licence. 2006, c. 21, Sched. C, s. 22. Licensee holding out, etc. (4) No licensee shall hold themself out as, or represent themself to be, a person who may practise law in Ontario or a person who ma…

26.2 (1) Every person who contravenes section 26.1 is guilty of an offence and on conviction is liable to a fine of, (a) not more than $25,000 for a first offence; and (b) not more than $50,000 for each subsequent offence. 2006, c. 21, Sched. C, s. 22. Giving foreign legal advice (2) Every person who gives legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws is guilty of an offence and on conviction is liable to a fine of, (a) not more than $25,000 for a first offence; and (b) not more than $50,000 for each subsequent offence. 2006, c. 21, Sched. C, s. 22. Condition of probation order: compensation or restitution (3) The court that convicts a person of an offence under this section may prescribe as a condition of a probation order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence. …

26.3 (1) On the application of the Society, the Superior Court of Justice may, (a) make an order prohibiting a person from contravening section 26.1, if the court is satisfied that the person is contravening or has contravened section 26.1; (b) make an order prohibiting a person from giving legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws, if the court is satisfied that the person is giving or has given legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws. 2006, c. 21, Sched. C, s. 22. No prosecution or conviction required (2) An order may be made, (a) under clause (1) (a), whether or not the person has been prosecuted for or convicted of the offence of contravening section 26.1; (b) under clause (1) (b), whether or not the person has been prosecuted for or convicted of the offence of giving legal…

Licensing Licensing

27 (1) The classes of licence that may be issued under this Act, the scope of activities authorized under each class of licence and any terms, conditions, limitations or restrictions imposed on each class of licence shall be as set out in the by-laws. 2006, c. 21, Sched. C, s. 23 (1). Good character requirement (2) It is a requirement for the issuance of every licence under this Act that the applicant be of good character. 2006, c. 21, Sched. C, s. 23 (1). Duty to issue licence (3) If a person who applies to the Society for a class of licence in accordance with the by-laws meets the qualifications and other requirements set out in this Act and the by-laws for the issuance of that class of licence, the Society shall issue a licence of that class to the applicant. 2006, c. 21, Sched. C, s. 23 (1). Refusal (4) An application for a licence may be refused only after a hearing by the Hearing D…

27.1 (1) The Society shall establish and maintain a register of persons who have been issued licences. 2006, c. 21, Sched. C, s. 24. Contents of register (2) Subject to any by-law respecting the removal of information from the register, the register shall contain the following information: 1. The name of each licensee. 2. The class of licence issued to each licensee. 3. For each licensee, all terms, conditions, limitations and restrictions that are imposed on the licensee under this Act, other than terms, conditions, limitations and restrictions that are imposed by the by-laws on all licences of that class. 4. An indication of every suspension, revocation, abeyance or surrender of a licence. 5. Any other information required by the by-laws. 2006, c. 21, Sched. C, s. 24. Availability to public (3) The Society shall make the register available for public inspection in accordance with the b…

28 Repealed: 2006, c. 21, Sched. C, s. 25. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 16 (1-5) - 01/02/1999 2006, c. 21, Sched. C, s. 25 - 01/05/2007

28.1 Repealed: 2006, c. 21, Sched. C, s. 25. Section Amendments with date in force (d/m/y) 1991, c. 41, s. 3 - 25/11/1991; 1998, c. 21, s. 17 (1-3) - 01/02/1999 2006, c. 21, Sched. C, s. 25 - 01/05/2007

29 (1) Every person who is licensed to practise law in Ontario as a barrister and solicitor is an officer of every court of record in Ontario. 2006, c. 21, Sched. C, s. 26. Same (2) Every person licensed to provide legal services in Ontario is an officer of every court of record in Ontario in which such a person is authorized under this Act to represent a party to a proceeding. 2018, c. 8, Sched. 15, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 26 - 01/05/2007 2018, c. 8, Sched. 15, s. 3 - 08/05/2018

30 (1) A licensee may apply to the Society in accordance with the by-laws to surrender his or her licence. 2006, c. 21, Sched. C, s. 26. Acceptance of surrender (2) A licence is surrendered when the application to surrender the licence is accepted by the Society in accordance with the by-laws. 2006, c. 21, Sched. C, s. 26. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 18 - 01/02/1999 2006, c. 21, Sched. C, s. 26 - 01/05/2007

31 (1) The licence of a person is in abeyance while the person holds office, (a) as a full-time judge of any federal, provincial or territorial court, as a full-time justice of the peace of the Ontario Court of Justice, as a full-time associate judge, or as a full-time prothonotary of the Federal Court of Canada. (b) Repealed: 2021, c. 4, Sched. 6, s. 56 (1). R.S.O. 1990, c. L.8, s. 31 (1); 1996, c. 25, s. 7; 1998, c. 21, s. 19 (1); 2002, c. 18, Sched. A, s. 12 (2); 2006, c. 21, Sched. C, s. 27 (1); 2020, c. 11, Sched. 5, s. 17; 2021, c. 4, Sched. 6, s. 56 (1); 2021, c. 4, Sched. 3, s. 24. Restoration (2) Upon ceasing to hold an office described in subsection (1), a person whose licence is in abeyance may apply to the Society to have the licence restored and, subject to subsections (2.1) and (3), the Society shall restore it. 2006, c. 21, Sched. C, s. 27 (2); 2010, c. 1, Sched. 12, s. 4 …

32 Repealed: 2006, c. 21, Sched. C, s. 28. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 20 - 01/02/1999 2006, c. 21, Sched. C, s. 28 - 01/05/2007

PART II

Conduct

33 A licensee shall not engage in professional misconduct or conduct unbecoming a licensee. 2006, c. 21, Sched. C, s. 29. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 29 - 01/05/2007

34 (1) With the authorization of the Proceedings Authorization Committee, the Society may apply to the Tribunal for a determination by the Hearing Division of whether a licensee has contravened section 33. 2013, c. 17, s. 8. Parties (2) The parties to the application are the Society, the licensee who is the subject of the application, and any other person added as a party by the Hearing Division. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 30 (2); 2013, c. 17, s. 26. Restriction (3) If a complaint is referred to the Complaints Resolution Commissioner in accordance with the by-laws, no application relating to the subject matter of the complaint may be made under this section while the Commissioner is dealing with the complaint. 1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 30 (1, 2) - 01/05/2007 2013, c. 17, s…

35 (1) Subject to the rules of practice and procedure, if an application is made under section 34 and the Hearing Division determines that the licensee has contravened section 33, the Division shall make one or more of the following orders: 1. An order revoking the licensee’s licence. 2. An order permitting the licensee to surrender his or her licence. 3. An order suspending the licensee’s licence, i. for a definite period, ii. until terms and conditions specified by the Hearing Division are met to the satisfaction of the Society, or iii. for a definite period and, after that, until terms and conditions specified by the Hearing Division are met to the satisfaction of the Society. 4. An order imposing a fine on the licensee of not more than $100,000, payable to the Society. 5. An order that the licensee obtain or continue treatment or counselling, including testing and treatment for addic…

36 (1) If an application has been made under section 34, the Hearing Division may invite the licensee in respect of whom the application was made to attend before the Division for the purpose of receiving advice from the Division concerning his or her conduct. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 32 (1); 2013, c. 17, s. 26. Dismissal of application (2) The Hearing Division shall dismiss the application if the licensee attends before the Division in accordance with the invitation. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 32 (2); 2013, c. 17, s. 26. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 32 (1, 2) - 01/05/2007 2013, c. 17, s. 26 - 12/03/2014

Capacity

37 (1) A licensee is incapacitated for the purposes of this Act if, by reason of physical or mental illness, other infirmity or addiction to or excessive use of alcohol or drugs, he or she is incapable of meeting any of his or her obligations as a licensee. 2006, c. 21, Sched. C, s. 33 (1). (2) Repealed: 2006, c. 21, Sched. C, s. 33 (1). Determinations under other Acts (3) Subject to subsection (4), the Hearing Division may determine that a licensee is incapacitated for the purposes of this Act if the licensee has been found under any other Act to be incapacitated within the meaning of that Act. 2006, c. 21, Sched. C, s. 33 (2); 2013, c. 17, s. 26. Conditions controlled by treatment or device (4) The Hearing Division shall not determine that a licensee is incapacitated for the purposes of this Act if, through compliance with a continuing course of treatment or the continuing use of an as…

38 (1) With the authorization of the Proceedings Authorization Committee, the Society may apply to the Tribunal for a determination by the Hearing Division of whether a licensee is or has been incapacitated. 2013, c. 17, s. 9. Parties (2) The parties to the application are the Society, the licensee who is the subject of the application, and any other person added as a party by the Hearing Division. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 34 (2); 2013, c. 17, s. 26. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 34 (1, 2) - 01/05/2007 2013, c. 17, s. 9, 26 - 12/03/2014

39 (1) If an application is made under section 38, the Hearing Division may, on motion by a party to the application or on its own motion, make an order requiring the licensee who is the subject of the application to be examined by one or more physicians or psychologists. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 35 (1); 2013, c. 17, s. 26. Division to specify examiners (2) The examining physicians or psychologists shall be specified by the Hearing Division after giving the parties to the proceeding an opportunity to make recommendations. 1998, c. 21, s. 21; 2013, c. 17, s. 26. Purpose of examination (3) The purpose of the examination is, (a) to assess whether the licensee is or has been incapacitated; (b) to assess the extent of any incapacity and the prognosis for recovery; and (c) to assist in the determination of any other medical or psychological issue in the application. 1998, …

40 (1) Subject to the rules of practice and procedure, if an application is made under section 38 and the Hearing Division determines that the licensee is or has been incapacitated, the Division may make one or more of the following orders: 1. An order suspending the licensee’s licence, i. for a definite period, ii. until terms and conditions specified by the Hearing Division are met to the satisfaction of the Society, or iii. for a definite period and, after that, until terms and conditions specified by the Hearing Division are met to the satisfaction of the Society. 2. An order that the licensee obtain or continue treatment or counselling, including testing and treatment for addiction to or excessive use of alcohol or drugs, or participate in other programs to improve his or her health. 3. An order restricting the areas of law that the licensee may practise or in which the licensee may…

Professional Competence

41 A licensee fails to meet standards of professional competence for the purposes of this Act if, (a) there are deficiencies in, (i) the licensee’s knowledge, skill or judgment, (ii) the licensee’s attention to the interests of clients, (iii) the records, systems or procedures of the licensee’s professional business, or (iv) other aspects of the licensee’s professional business; and (b) the deficiencies give rise to a reasonable apprehension that the quality of service to clients may be adversely affected. 2006, c. 21, Sched. C, s. 37. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 37 - 01/05/2007

42 (1) The Society may conduct a review of a licensee’s professional business in accordance with the by-laws for the purpose of determining if the licensee is failing or has failed to meet standards of professional competence, if, (a) the circumstances prescribed by the by-laws exist; or (b) the licensee is required by an order under section 35 to co-operate in a review under this section. 2006, c. 21, Sched. C, s. 38 (1). Powers (2) A person conducting a review under this section may, (a) enter the current or former business premises of the licensee between the hours of 9 a.m. and 5 p.m. from Monday to Friday or at such other time as may be agreed to by the licensee or, in the case of a former business premises, by a person with the authority to allow entry into the premises; (b) require the production of and examine documents that relate to the matters under review, including client fi…

43 (1) With the authorization of the Proceedings Authorization Committee, the Society may apply to the Tribunal for a determination by the Hearing Division of whether a licensee is failing or has failed to meet standards of professional competence. 2013, c. 17, s. 10. Parties (2) The parties to the application are the Society, the licensee who is the subject of the application and any other person added as a party by the Hearing Division. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 39 (2); 2013, c. 17, s. 26. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 39 (1, 2) - 01/05/2007 2013, c. 17, s. 10, 26 - 12/03/2014

44 (1) Subject to the rules of practice and procedure, if an application is made under section 43 and the Hearing Division determines that the licensee is failing or has failed to meet standards of professional competence, the Division may make one or more of the following orders: 1. An order suspending the licensee’s licence, i. for a definite period, ii. until terms and conditions specified by the Hearing Division are met to the satisfaction of the Society, or iii. for a definite period and, after that, until terms and conditions specified by the Hearing Division are met to the satisfaction of the Society. 2. An order that the licensee institute new records, systems or procedures in his or her professional business. 3. An order that the licensee obtain professional advice with respect to the management of his or her professional business. 4. An order that the licensee retain the servic…

Failure to Comply with Order Suspension for failure to comply with order

45 (1) The Society may apply to the Tribunal for a determination by the Hearing Division of whether a licensee has failed to comply with an order under this Part. 2013, c. 17, s. 11. Parties (2) The parties to the application are the Society, the licensee who is the subject of the application, and any other person added as a party by the Hearing Division. 2013, c. 17, s. 11. Suspension order (3) If the Hearing Division determines that a licensee has failed to comply with an order under this Part, the Division may suspend the licensee’s licence, (a) for a definite period; (b) until terms and conditions specified by the Hearing Division are met to the satisfaction of the Society; or (c) for a definite period and, after that, until terms and conditions specified by the Hearing Division are met to the satisfaction of the Society. 2013, c. 17, s. 11. Section Amendments with date in force (d/m…

45.1 (1) A licensee’s licence is suspended if the licensee is ordered to pay costs under section 49.28 and he or she fails to comply by the deadline for payment provided for under the order or the by-laws, as the case may be. 2013, c. 17, s. 12. Non-application (2) Subsection (1) does not apply unless the time for appealing the costs order has expired or, if an appeal of the costs order is commenced, unless the appeal is finally disposed of. 2013, c. 17, s. 12. Start of suspension (3) A suspension under subsection (1) begins on the following date: 1. If no appeal of the costs order is commenced, the later of the day after the time for commencing an appeal expires and the day after the deadline for payment. 2. If an appeal of the costs order is commenced and is finally disposed of, the day after the deadline for payment provided for on appeal or under the by-laws, as the case may be. 2013…

Summary Orders

46 (1) A person appointed for the purpose by Convocation may make an order suspending a licensee’s licence if, for the period prescribed by the by-laws, the licensee has been in default for failure to pay a fee or levy payable to the Society. 2006, c. 21, Sched. C, s. 41. Eligibility for appointment (2) Convocation shall not appoint a person for the purpose of subsection (1) unless the person is, (a) a bencher; or (b) an employee of the Society holding an office prescribed by the by-laws for the purpose of this section. 2006, c. 21, Sched. C, s. 41. Length of suspension (3) A suspension under this section remains in effect until the licensee pays the amount owing in accordance with the by-laws to the satisfaction of the Society. 2006, c. 21, Sched. C, s. 41. Discharge from bankruptcy (4) A suspension under this section is not terminated by the licensee’s discharge from bankruptcy, but th…

47 (1) A person appointed for the purpose by Convocation may make an order suspending a licensee’s licence if, for the period prescribed by the by-laws, (a) the licensee has been in default for failure to complete or file with the Society any certificate, report or other document that the licensee is required to file under the by-laws; or (b) the licensee has been in default for failure to complete or file with the Society, or with an insurer through which indemnity for professional liability is provided under section 61, any certificate, report or other document that the licensee is required to file under a policy for indemnity for professional liability. 2006, c. 21, Sched. C, s. 41. Eligibility for appointment (2) Convocation shall not appoint a person for the purpose of subsection (1) unless the person is, (a) a bencher; or (b) an employee of the Society holding an office prescribed …

47.1 (1) A person appointed for the purpose by Convocation may make an order suspending a licensee’s licence if the licensee has failed to comply with the requirements of the by-laws with respect to indemnity for professional liability. 2006, c. 21, Sched. C, s. 41. Eligibility for appointment (2) Convocation shall not appoint a person for the purpose of subsection (1) unless the person is, (a) a bencher; or (b) an employee of the Society holding an office prescribed by the by-laws for the purpose of this section. 2006, c. 21, Sched. C, s. 41. Length of suspension (3) A suspension under this section remains in effect until the licensee complies with the requirements of the by-laws with respect to indemnity for professional liability to the satisfaction of the Society. 2006, c. 21, Sched. C, s. 41. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 41 - 01/05/2007

48 (1) A person appointed for the purpose by Convocation may make an order revoking a licensee’s licence if, (a) an order under section 46, clause 47 (1) (a) or section 47.1 is still in effect more than 12 months after it was made; or (b) an order under subparagraph 3 ii or iii of subsection 35 (1) or clause 45 (3) (b) or (c) is still in effect more than 24 months after it was made. 2020, c. 11, Sched. 13, s. 5; 2021, c. 25, Sched. 12, s. 1. Eligibility for appointment (2) Convocation shall not appoint a person for the purpose of subsection (1) unless the person is, (a) a bencher; or (b) an employee of the Society holding an office prescribed by the by-laws for the purpose of this section. 2006, c. 21, Sched. C, s. 42. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 42 - 01/05/2007 2020, c. 11, Sched. 13, s. 5 - 08/07/2020 2021, c. …

49 (1) A person appointed for the purpose by Convocation may make an order suspending a licensee’s licence if the licensee has failed to comply with the requirements of the by-laws with respect to continuing professional development. 2006, c. 21, Sched. C, s. 42; 2010, c. 16, Sched. 2, s. 4 (1). Eligibility for appointment (2) Convocation shall not appoint a person for the purpose of subsection (1) unless the person is, (a) a bencher; or (b) an employee of the Society holding an office prescribed by the by-laws for the purpose of this section. 2006, c. 21, Sched. C, s. 42. Length of suspension (3) A suspension under this section remains in effect until the licensee complies with the requirements of the by-laws with respect to continuing professional development to the satisfaction of the Society. 2006, c. 21, Sched. C, s. 42; 2010, c. 16, Sched. 2, s. 4 (1). Section Amendments with date …

49.1 Repealed: 2006, c. 21, Sched. C, s. 42. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 42 - 01/05/2007

Audits, Investigations, etc.

49.2 (1) The Society may conduct an audit of the financial records of a licensee or group of licensees for the purpose of determining whether the financial records comply with the requirements of the by-laws. 2006, c. 21, Sched. C, s. 43. Powers (2) A person conducting an audit under this section may, (a) enter the current or former business premises of the licensee or group of licensees between the hours of 9 a.m. and 5 p.m. from Monday to Friday or at such other time as may be agreed to by the licensee or by any licensee in the group of licensees or, in the case of a former business premises, by a person with the authority to allow entry into the premises; (b) require the production of and examine the financial records maintained in connection with the professional business of the licensee or group of licensees and, for the purpose of understanding or substantiating those records, requ…

49.3 (1) The Society may conduct an investigation into a licensee’s conduct if the Society receives information suggesting that the licensee may have engaged in professional misconduct or conduct unbecoming a licensee. 2006, c. 21, Sched. C, s. 43. Powers (2) If an employee of the Society holding an office prescribed by the by-laws for the purpose of this section has a reasonable suspicion that a licensee being investigated under subsection (1) may have engaged in professional misconduct or conduct unbecoming a licensee, the person conducting the investigation may, (a) enter the current or former business premises of the licensee between the hours of 9 a.m. and 5 p.m. from Monday to Friday or at such other time as may be agreed to by the licensee or, in the case of a former business premises, by a person with the authority to allow entry into the premises; (b) require the production of a…

49.4-49.7 Repealed: 2006, c. 21, Sched. C, s. 43. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 43 - 01/05/2007 Privilege

49.8 (1) A person who is required under section 42, 49.2, 49.3 or 49.15 to provide information or to produce documents shall comply with the requirement even if the information or documents are privileged or confidential. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 44 (1). Disclosure by other person, body (1.1) The Society or the Complaints Resolution Commissioner, as the case may be, may receive from any person or body information or documents in relation to a review under section 42, an audit under section 49.2, or an investigation under section 49.3 or 49.15, even if the information or documents are privileged or confidential. 2013, c. 17, s. 14 (1). Same (1.2) Subsection (1.1) applies with respect to information and documents, (a) regardless of whether they are received in relation to a review, audit or investigation before or after its commencement; and (b) regardless of whether a…

49.9 (1) A person entitled to examine documents under section 42, 49.2, 49.3 or 49.15 may, on giving a receipt, (a) remove the documents for the purpose of copying them; and (b) in the case of information recorded or stored by computer or by means of any other device, remove the computer or other device for the purpose of copying the information. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 44 (2). Return (2) The person shall copy the documents or information with reasonable dispatch and shall return the documents, computer or other device promptly to the person from whom they were removed. 1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 45 - 01/05/2007

49.10 (1) On application by the Society, the Superior Court of Justice may make an order under subsection (2) if the court is satisfied that there are reasonable grounds for believing, (a) that one of the following circumstances exists: (i) a review of a licensee’s professional business under section 42 is authorized, (ii) an investigation into a licensee’s conduct under subsection 49.3 (1) is authorized, or (iii) a licensee whose capacity is being investigated under subsection 49.3 (3) may be, or may have been, incapacitated; (b) that there are documents or other things that relate to the matters under review or investigation in a building, dwelling or other premises specified in the application or in a vehicle or other place specified in the application, whether the building, dwelling, premises, vehicle or place is under the control of the licensee or another person; and (c) that an or…

49.11 On request, a person conducting an audit, investigation, review, search or seizure under this Part shall produce identification and proof of his or her authority. 1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999

49.12 (1) A bencher, officer, employee, agent or representative of the Society shall not disclose any information that comes to his or her knowledge in relation to an audit, investigation, review, search, seizure or proceeding, or potential audit, investigation, review or proceeding, under this Part. 2020, c. 11, Sched. 13, s. 10 (1). Exceptions (2) Subsection (1) does not prohibit, (a) disclosure required in connection with the administration of this Act, the regulations, the by-laws or the rules of practice and procedure; (b) disclosure required in connection with a proceeding under this Act; (c) disclosure of information that is a matter of public record; (d) disclosure by a person to his or her counsel; (e) disclosure with the written consent of all persons whose interests might reasonably be affected by the disclosure; (f) disclosure of such information as may be specified by the by…

49.13 (1) The Society may apply to the Superior Court of Justice for an order authorizing the disclosure to a public authority of any information that a bencher, officer, employee, agent or representative of the Society would otherwise be prohibited from disclosing under section 49.12. 1998, c. 21, s. 21; 2002, c. 18, Sched. A, s. 12 (2). Restrictions (2) The court shall not make an order under this section if the information sought to be disclosed came to the knowledge of the Society as a result of, (a) the making of an oral or written statement by a person in the course of the audit, investigation, review, search, seizure or proceeding that may tend to criminate the person or establish the person’s liability to civil proceedings; (b) the making of an oral or written statement disclosing matters that the court determines to be subject to solicitor-client privilege; or (c) the examinatio…

Complaints Resolution Commissioner

49.14 (1) Convocation shall appoint a person as Complaints Resolution Commissioner in accordance with the regulations. 1998, c. 21, s. 21. Restriction (2) A bencher or a person who was a bencher at any time during the two years preceding the appointment shall not be appointed as Commissioner. 1998, c. 21, s. 21. Term of office (3) The Commissioner shall be appointed for a term not exceeding three years and is eligible for reappointment. 1998, c. 21, s. 21. Removal from office (4) The Commissioner may be removed from office during his or her term of office only by a resolution approved by at least two thirds of the benchers entitled to vote in Convocation. 1998, c. 21, s. 21. Restriction on practice of law (5) The Commissioner shall not engage in the practice of law during his or her term of office. 1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/…

49.15 (1) The Commissioner shall, (a) attempt to resolve complaints referred to the Commissioner for resolution under the by-laws; and (b) review and, if the Commissioner considers appropriate, attempt to resolve complaints referred to the Commissioner for review under the by-laws. 1998, c. 21, s. 21. Investigation by Commissioner (2) If a complaint is referred to the Commissioner under the by-laws, the Commissioner has the same powers to investigate the complaint as a person conducting an investigation under section 49.3 would have with respect to the subject matter of the complaint, and, for that purpose, a reference in section 49.3 to an employee of the Society holding an office prescribed by the by-laws shall be deemed to be a reference to the Commissioner. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 48 (1). Access to information (3) If a complaint is referred to the Commissioner u…