jswizzle3737/ontario_laws_and_regs huggingface dataset:
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 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 completes and files the required document in accordance with the by-laws to the satisfaction of the Society.  2006, c. 21, Sched. C, s. 41. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 41 - 01/05/2007
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. 25, Sched. 12, s. 1 - 03/06/2021
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 in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 42 - 01/05/2007 2010, c. 16, Sched. 2, s. 4 (1) - 25/10/2010 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, require the production of and examine any other documents in the possession or control of the licensee or group of licensees, including client files; and (c)  require the licensee or group of licensees, and people who work or worked with the licensee or group of licensees, to provide information to explain the financial records and other documents examined under clause (b) and the transactions recorded in those financial records and other documents.  2006, c. 21, Sched. C, s. 43; 2020, c. 11, Sched. 13, s. 6. 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 2020, c. 11, Sched. 13, s. 6 - 08/07/2020 Investigations
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 and examine any documents that relate to the matters under investigation, including client files; and (c)  require the licensee and people who work or worked with the licensee to provide information that relates to the matters under investigation.  2006, c. 21, Sched. C, s. 43; 2020, c. 11, Sched. 13, s. 7 (1). Capacity (3) The Society may conduct an investigation into a licensee’s capacity if the Society receives information suggesting that the licensee may be, or may have been, incapacitated.  2006, c. 21, Sched. C, s. 43. Powers (4) If an employee of the Society holding an office prescribed by the by-laws for the purpose of this section is satisfied that there are reasonable grounds for believing that a licensee being investigated under subsection (3) may be, or may have been, incapacitated, 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 and examine any documents that relate to the matters under investigation, including client files; and (c)  require the licensee and people who work or worked with the licensee to provide information that relates to the matters under investigation.  2006, c. 21, Sched. C, s. 43; 2020, c. 11, Sched. 13, s. 7 (2). 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 2020, c. 11, Sched. 13, s. 7 (1, 2) - 08/07/2020 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 review, audit or investigation is ultimately commenced. 2020, c. 11, Sched. 13, s. 8 (1). Admissibility despite privilege (2) Despite clause 15 (2) (a) and section 32 of the
Statutory Powers Procedure Act, information provided and documents produced under section 42, 49.2, 49.3 or 49.15 and information or documents described in subsection (1.1) are admissible in a proceeding under this Act even if the information or documents are privileged or confidential.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 44 (2); 2013, c. 17, s. 14 (2). (2.1) Repealed: 2013, c. 17, s. 14 (3). Privilege preserved for other purposes (3) Subsections (1), (1.1) and (2) do not negate or constitute a waiver of any privilege and, even though information or documents that are privileged must be disclosed under subsection (1) or may be received under subsection (1.1), and are admissible in a proceeding under subsection (2), the privilege continues for all other purposes. 2013, c. 17, s. 14 (4); 2020, c. 11, Sched. 13, s. 8 (2). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 44 (1-4) - 01/05/2007 2013, c. 17, s. 14 (1-4)
- 12/12/2013 2020, c. 11, Sched. 13, s. 8 (1, 2) - 08/07/2020
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
49.11 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
49.13 (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 examination of a document that the court determines to be subject to solicitor-client privilege.  1998, c. 21, s. 21. Documents and other things (3) An order under this section that authorizes the disclosure of information may also authorize the delivery of documents or other things that are in the Society’s possession and that relate to the information.  1998, c. 21, s. 21. No appeal (4) An order of the court on an application under this section is not subject to appeal.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002 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 - 01/02/1999
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 under the by-laws, the Commissioner is entitled to have access to, (a)  all information in the records of the Society respecting a licensee who is the subject of the complaint; and (b)  all other information within the knowledge of the Society with respect to the subject matter of the complaint.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 48 (2). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 48 (1, 2) - 01/05/2007
49.16 (1) The Commissioner may in writing delegate any of his or her powers or duties to members of his or her staff or to employees of the Society holding offices designated by the by-laws.  1998, c. 21, s. 21. Terms and conditions (2) A delegation under subsection (1) may contain such terms and conditions as the Commissioner considers appropriate.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999
49.17 On request, the Commissioner or any other person conducting an investigation under subsection 49.15 (2) shall produce identification and, in the case of a person to whom powers or duties have been delegated under section 49.16, proof of the delegation.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999
49.18 (1) The Commissioner and each member of his or her staff shall not disclose, (a)  any information that comes to his or her knowledge as a result of an investigation under subsection 49.15 (2); or (b)  any information that comes to his or her knowledge under subsection 49.15 (3) that a bencher, officer, employee, agent or representative of the Society is prohibited from disclosing under section 49.12.  1998, c. 21, s. 21. 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; or (e)  disclosure with the written consent of all persons whose interests might reasonably be affected by the disclosure.  1998, c. 21, s. 21. Testimony (3) A person to whom subsection (1) applies shall not be required in any proceeding, except a proceeding under this Act, to give testimony or produce any document with respect to information that the person is prohibited from disclosing under subsection (1).  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999
49.19 A decision of the Commissioner is final and is not subject to appeal.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 Proceedings Authorization Committee Proceedings Authorization Committee
49.20 (1) Convocation shall establish a Proceedings Authorization Committee in accordance with the by-laws.  1998, c. 21, s. 21. Functions (2) The Committee shall review matters referred to it in accordance with the by-laws and shall take such action as it considers appropriate in accordance with the by-laws.  1998, c. 21, s. 21. Decisions final (3) A decision of the Committee is final and is not subject to appeal or review.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 Law Society Tribunal
49.20.1 (1) The Law Society Tribunal is established under the name Law Society Tribunal in English and Tribunal du Barreau in French. 2013, c. 17, s. 15. Divisions (2) The Tribunal shall consist of two divisions, the Law Society Tribunal Hearing Division and the Law Society Tribunal Appeal Division. 2013, c. 17, s. 15; 2018, c. 8, Sched. 15, s. 4. Composition (3) The Tribunal shall consist of, (a)  the chair of the Tribunal; (b)  the members of the Hearing Division; (c)  the members of the Appeal Division; and (d)  any temporary members of the Hearing Division or Appeal Division. 2013, c. 17, s. 15. Cessation of membership (4) A person who ceases to be a member or temporary member of the Hearing Division or Appeal Division, as the case may be, ceases to be a member of the Tribunal. 2013, c. 17, s. 15. Section Amendments with date in force (d/m/y) 2013, c. 17, s. 15 - 12/03/2014 2018, c. 8, Sched. 15, s. 4 - 08/05/2018 Chair
49.20.2 (1) Convocation shall appoint as chair of the Tribunal a person who is licensed to practise law in Ontario as a barrister and solicitor and who meets the requirements set out in the by-laws. 2013, c. 17, s. 15. Bencher not eligible (2) A person is not eligible to be appointed as chair of the Tribunal if he or she is a bencher. 2013, c. 17, s. 15. Term of office (3) Subject to subsections (4) and (5), an appointment as chair of the Tribunal shall be for a term of four years. 2013, c. 17, s. 15. Cessation of eligibility (4) A person ceases to be a chair of the Tribunal if he or she ceases to meet the eligibility requirements in subsections (1) and (2). 2013, c. 17, s. 15. Appointment at pleasure (5) A person appointed as chair of the Tribunal holds office at the pleasure of Convocation. 2013, c. 17, s. 15. Reappointment (6) A person appointed as chair of the Tribunal is eligible for reappointment for such term, not exceeding four years, as Convocation may fix, if he or she meets the eligibility requirements in subsections (1) and (2). 2013, c. 17, s. 15. Section Amendments with date in force (d/m/y) 2013, c. 17, s. 15 - 12/03/2014 Hearing Division
49.21 (1) The Law Society Hearing Division of the Tribunal is continued under the name Law Society Tribunal Hearing Division in English and Section de première instance du Tribunal du Barreau in French. 2018, c. 8, Sched. 15, s. 5. Composition (2) The Hearing Division shall consist of, (a)  the chair of the Tribunal; and (b)  at least three persons appointed by Convocation, (i)  at least one of whom shall be a person who is not a licensee, and (ii)  at least one of whom shall be an elected bencher. 2013, c. 17, s. 16 (1). Eligibility for appointment (3) A person is not eligible to be appointed to the Hearing Division unless he or she meets the requirements set out in the by-laws and is, (a)  a bencher; (b)  a licensee; or (c)  a person approved by the Attorney General for Ontario. 2013, c. 17, s. 16 (1). Term of office (4) Subject to subsections (5) and (6), an appointment as a member of the Hearing Division shall be for such term, not exceeding four years, as Convocation may fix. 2013, c. 17, s. 16 (1). Cessation of eligibility (5) A person appointed to the Hearing Division ceases to be a member of the Division if he or she ceases to meet the eligibility requirements in subsection (3). 2013, c. 17, s. 16 (1). Appointment at pleasure (6) A person appointed as a member of the Hearing Division holds office at the pleasure of Convocation. 2013, c. 17, s. 16 (1). Reappointment (7) A person appointed as a member of the Hearing Division is eligible for reappointment if he or she meets the eligibility requirements in subsection (3). 2013, c. 17, s. 16 (1). (8)-(10) Repealed: 2013, c. 17, s.16 (2). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 49 - 01/05/2007 2013, c. 17, s. 16 (1)
- 12/03/2014; 2013, c. 17, s. 16 (2)
- 01/07/2021 2018, c. 8, Sched. 15, s. 5 - 08/05/2018
49.22 (1) The person who is the chair of the Tribunal shall also be the chair of the Hearing Division. 2013, c. 17, s. 16 (1). (2) Repealed: 2013, c. 17, s. 16 (3). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 49 - 01/05/2007 2013, c. 17, s. 16 (1)
- 12/03/2014; 2013, c. 17, s. 16 (3)
- 01/07/2021
49.22.1 (1) Convocation shall appoint a vice-chair of the Hearing Division. 2013, c. 17, s. 16 (1). Eligibility for appointment (2) A person is not eligible to be appointed as vice-chair of the Hearing Division unless he or she meets the requirements set out in the by-laws and is an elected bencher member of the Hearing Division. 2013, c. 17, s. 16 (1). Term of office (3) Subject to subsections (4) and (5), an appointment as vice-chair of the Hearing Division shall be for such term, not exceeding two years, as Convocation may fix. 2013, c. 17, s. 16 (1). Cessation of eligibility (4) A person ceases to be the vice-chair of the Hearing Division if he or she ceases to meet the eligibility requirements in subsection (2). 2013, c. 17, s. 16 (1). Appointment at pleasure (5) A person appointed as vice-chair of the Hearing Division holds office at the pleasure of Convocation. 2013, c. 17, s. 16 (1). Reappointment (6) A person appointed as vice-chair of the Hearing Division is eligible for reappointment if he or she meets the eligibility requirements in subsection (2). 2013, c. 17, s. 16 (1). Acting vice-chair of Appeal Division (7) The chair of the Tribunal may assign the vice-chair of the Hearing Division to act as vice-chair of the Appeal Division for the period specified by the chair and subject to such conditions or restrictions as the chair may specify. 2013, c. 17, s. 16 (1). (8) Repealed: 2013, c. 17, s. 16 (4). Section Amendments with date in force (d/m/y) 2013, c. 17, s. 16 (1)
- 12/03/2014; 2013, c. 17, s. 16 (4)
- 01/07/2021
49.23 (1) An application to the Tribunal under this Part shall be determined after a hearing by the Hearing Division. 2013, c. 17, s. 17. Assignment of members (2) The chair or, in the absence of the chair, the vice-chair shall assign members of the Hearing Division to hearings.  2006, c. 21, Sched. C, s. 50; 2013, c. 17, s. 26. Composition at hearings (3) A hearing before the Hearing Division shall be heard and determined by such number of members of the Division as is prescribed by the regulations.  1998, c. 21, s. 21; 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. 50 - 01/05/2007 2013, c. 17, s. 17, 26
- 12/03/2014
49.24 (1) A person who speaks French who is a party to a proceeding before the Hearing Division may require that any hearing in the proceeding be heard by panelists who speak French.  1998, c. 21, s. 21; 2013, c. 17, s. 26. (2) Repealed: 2006, c. 21, Sched. C, s. 51. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 51 - 01/05/2007 2013, c. 17, s. 26
- 12/03/2014
49.24.1 (1) If, in the opinion of the chair or, in the absence of the chair, the vice-chair, it is not possible or practical to assign members of the Hearing Division to a hearing in compliance with a requirement of this Act or of the regulations or in compliance with a requirement made under subsection 49.24 (1), the chair or vice-chair may appoint one or more persons as temporary members of the Hearing Division for the purposes of that hearing in order to comply with such requirement, and temporary members of the Hearing Division shall be deemed to be members of the Hearing Division for the purposes of compliance with such requirement.  2006, c. 21, Sched. C, s. 52; 2013, c. 17, s. 26. Eligibility for appointment (2) The chair or vice-chair shall not appoint a person as a temporary member of the Hearing Division under subsection (1) unless the person meets the requirements set out in the by-laws and is, (a)  a bencher; (b)  a licensee; or (c)  a person approved by the Attorney General for Ontario.  2006, c. 21, Sched. C, s. 52; 2013, c. 17, s. 18. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 52 - 01/05/2007 2013, c. 17, s. 18, 26 - 12/03/2014
49.25 The Hearing Division may determine any question of fact or law that arises in a proceeding before it.  1998, c. 21, s. 21; 2013, c. 17, s. 26. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2013, c. 17, s. 26 - 12/03/2014
49.26 An order of the Hearing Division may include such terms and conditions as the Division considers appropriate.  1998, c. 21, s. 21; 2013, c. 17, s. 26. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2013, c. 17, s. 26 - 12/03/2014
49.27 (1) The Hearing Division may make an interlocutory order authorized by the rules of practice and procedure, subject to subsection (2).  2006, c. 21, Sched. C, s. 53; 2013, c. 17, s. 26. Exception (2) The Hearing Division may only make an interlocutory order suspending a licensee’s licence or restricting the manner in which a licensee may practise law or provide legal services if there are reasonable grounds for believing that there is a significant risk of harm to members of the public, or to the public interest in the administration of justice, if the order is not made. 2020, c. 11, Sched. 13, s. 11. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 53 - 01/05/2007 2013, c. 17, s. 26
- 12/03/2014 2020, c. 11, Sched. 13, s. 11 - 08/07/2020
49.28 (1) Subject to the rules of practice and procedure, the costs of and incidental to a proceeding or a step in a proceeding before the Hearing Division are in the discretion of the Division, and the Division may determine by whom and to what extent the costs shall be paid.  1998, c. 21, s. 21; 2013, c. 17, s. 26. Society expenses (2) Costs awarded to the Society under subsection (1) may include, (a)  expenses incurred by the Society in providing facilities or services for the purposes of the proceeding; and (b)  expenses incurred by the Society in any audit, investigation, review, search or seizure that is related to the proceeding.  1998, c. 21, s. 21. Where deadline unspecified (3) If an order for costs under subsection (1) does not specify or otherwise provide for a deadline for paying the costs, the costs are payable by the deadline provided for by the by-laws. 2013, c. 17, s. 19. Extension (4) A deadline for paying costs may be extended in accordance with the by-laws if, (a)  the order for the costs so provides; or (b)  the deadline is set by by-law under subsection (3). 2013, c. 17, s. 19. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2013, c. 17, s. 19
- 12/12/2013; 2013, c. 17, s. 26
- 12/03/2014 Appeal Division
49.29 (1) The Law Society Appeal Division of the Tribunal is continued under the name Law Society Tribunal Appeal Division in English and Section d’appel du Tribunal du Barreau in French. 2018, c. 8, Sched. 15, s. 6. Composition (2) The Appeal Division shall consist of, (a)  the chair of the Tribunal; and (b)  at least five persons appointed by Convocation, (i)  at least one of whom shall be a person who is not a licensee, and (ii)  at least one of whom shall be an elected bencher. 2013, c. 17, s. 20 (1). Eligibility for appointment (3) A person is not eligible to be appointed to the Appeal Division unless he or she meets the requirements set out in the by-laws and is, (a)  a bencher; (b)  a licensee; or (c)  a person approved by the Attorney General for Ontario. 2013, c. 17, s. 20 (1). Term of office (4) Subject to subsections (5) and (6), an appointment as a member of the Appeal Division shall be for such term, not exceeding four years, as Convocation may fix. 2013, c. 17, s. 20 (1). Cessation of eligibility (5) A person appointed to the Appeal Division ceases to be a member of the Division if he or she ceases to meet the eligibility requirements in subsection (3). 2013, c. 17, s. 20 (1). Appointment at pleasure (6) A person appointed as a member of the Appeal Division holds office at the pleasure of Convocation. 2013, c. 17, s. 20 (1). Reappointment (7) A person appointed as a member of the Appeal Division is eligible for reappointment if he or she meets the eligibility requirements in subsection (3). 2013, c. 17, s. 20 (1). (8)-(10) Repealed: 2013, c. 17, s. 20 (2). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 54 - 01/05/2007 2013, c. 17, s. 20 (1)
- 12/03/2014; 2013, c. 17, s. 20 (2)
- 01/07/2021 2018, c. 8, Sched. 15, s. 6 - 08/05/2018
49.30 (1) The person who is the chair of the Tribunal shall also be the chair of the Appeal Division. 2013, c. 17, s. 20 (1). (2) Repealed: 2013, c. 17, s. 20 (3). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 54 - 01/05/2007 2013, c. 17, s. 20 (1)
- 12/03/2014; 2013, c. 17, s. 20 (3)
- 01/07/2021
49.30.1 (1) Convocation shall appoint a vice-chair of the Appeal Division. 2013, c. 17, s. 20 (1). Eligibility for appointment (2) A person is not eligible to be appointed as vice-chair of the Appeal Division unless he or she meets the requirements set out in the by-laws and is an elected bencher member of the Appeal Division. 2013, c. 17, s. 20 (1). Term of office (3) Subject to subsections (4) and (5), an appointment as vice-chair of the Appeal Division shall be for such term, not exceeding two years, as Convocation may fix. 2013, c. 17, s. 20 (1). Cessation of eligibility (4) A person ceases to be the vice-chair of the Appeal Division if he or she ceases to meet the eligibility requirements in subsection (2). 2013, c. 17, s. 20 (1). Appointment at pleasure (5) A person appointed as vice-chair of the Appeal Division holds office at the pleasure of Convocation. 2013, c. 17, s. 20 (1). Reappointment (6) A person appointed as vice-chair of the Appeal Division is eligible for reappointment if he or she meets the eligibility requirements in subsection (2). 2013, c. 17, s. 20 (1). Acting vice-chair of Hearing Division (7) The chair of the Tribunal may assign the vice-chair of the Appeal Division to act as vice-chair of the Hearing Division for the period specified by the chair and subject to such conditions or restrictions as the chair may specify. 2013, c. 17, s. 20 (1). (8) Repealed: 2013, c. 17, s. 20 (4). Section Amendments with date in force (d/m/y) 2013, c. 17, s. 20 (1)
- 12/03/2014; 2013, c. 17, s. 20 (4)
- 01/07/2021
49.31 (1) An appeal to the Appeal Division shall be determined after a hearing by the Appeal Division.  1998, c. 21, s. 21; 2013, c. 17, s. 26. Assignment of members (2) The chair or, in the absence of the chair, the vice-chair shall assign members of the Appeal Division to hearings.  2006, c. 21, Sched. C, s. 55; 2013, c. 17, s. 26. Composition at hearings (3) An appeal to the Appeal Division shall be heard and determined by such number of members of the Division as is prescribed by the regulations.  2006, c. 21, Sched. C, s. 55; 2013, c. 17, s. 26. (4), (5) Repealed: 2006, c. 21, Sched. C, s. 55. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 55 - 01/05/2007 2013, c. 17, s. 26
- 12/03/2014
49.32 (1) A party to a proceeding before the Hearing Division may appeal a final decision or order of the Hearing Division to the Appeal Division.  1998, c. 21, s. 21; 2013, c. 17, s. 26. Appeal from costs order (2) A party to a proceeding before the Hearing Division may appeal any order of the Hearing Division under section 49.28 to the Appeal Division, but the appeal may not be commenced until the Hearing Division has given a final decision or order in the proceeding.  1998, c. 21, s. 21; 2013, c. 17, s. 26. Appeal from summary orders (3) A person who is subject to an order under section 46, 47, 47.1, 48 or 49 may appeal the order to the Appeal Division.  2006, c. 21, Sched. C, s. 56; 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. 56 - 01/05/2007 2013, c. 17, s. 26
- 12/03/2014 Grounds
49.33 (1) A party other than the Society may appeal under section 49.32 on any grounds.  1998, c. 21, s. 21. Grounds: Society (2) The Society may appeal under section 49.32 only on a question that is not a question of fact alone, unless the appeal is from an order under section 49.28, in which case the Society may appeal on any grounds.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999
49.34 An appeal under section 49.32 shall be commenced within the time prescribed by the rules of practice and procedure.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999
49.35 (1) The Appeal Division may determine any question of fact or law that arises in a proceeding before it.  1998, c. 21, s. 21; 2013, c. 17, s. 26. Powers on appeal (2) After holding a hearing on an appeal, the Appeal Division may, (a)  make any order or decision that ought to or could have been made by the Hearing Division or person who made the order or decision appealed from; (b)  order a new hearing before the Hearing Division, in the case of an appeal from a decision or order of the Hearing Division; or (c)  dismiss the appeal.  1998, c. 21, s. 21; 2013, c. 17, ss. 21, 26. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2013, c. 17, s. 21, 26
- 12/03/2014
49.36 (1) An appeal to the Appeal Division does not stay the decision or order appealed from, unless, on motion, the Appeal Division orders otherwise.  1998, c. 21, s. 21; 2013, c. 17, s. 26. Terms and conditions (2) In making an order staying a decision or order, the Appeal Division may impose such terms and conditions as it considers appropriate on the licence of a person who is subject to the decision or order.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 57; 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. 57 - 01/05/2007 2013, c. 17, s. 26
- 12/03/2014
49.37 (1) Sections 49.24, 49.24.1, 49.26, 49.27 and 49.28 apply, with necessary modifications, to the Appeal Division.  2006, c. 21, Sched. C, s. 58; 2013, c. 17, s. 26. (2) Repealed: 2006, c. 21, Sched. C, s. 58. Costs (3) The authority of the Appeal Division under section 49.28 includes authority to make orders with respect to steps in the proceeding that took place before the Hearing Division.  1998, c. 21, s. 21; 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. 58 - 01/05/2007 2013, c. 17, s. 26
- 12/03/2014 Appeals to the Divisional Court
49.38 A party to a proceeding before the Appeal Division may appeal to the Divisional Court from a final decision or order of the Appeal Division if, (a)  the Appeal Division’s final decision or order was made on an appeal from a decision or order of the Hearing Division under subsection 31 (3); or (b)  the proceeding was commenced under section 34 or 38.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 59; 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. 59 - 01/05/2007 2013, c. 17, s. 26
- 12/03/2014 Grounds for appeal to court
49.39 (1) A party other than the Society may appeal under section 49.38 on any grounds.  1998, c. 21, s. 21. Grounds: Society (2) The Society may appeal under section 49.38 only on a question that is not a question of fact alone, unless the appeal is from an order under section 49.28, in which case the Society may appeal on any grounds.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999
49.40 The Society may require a party to an appeal under section 49.38 to pay the Society for providing the party with copies of the record or other documents for the purpose of the appeal.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999
49.41 (1) An appeal under section 49.38 does not stay the decision or order appealed from, unless, on motion, the Divisional Court orders otherwise.  1998, c. 21, s. 21. Terms and conditions (2) In making an order staying a decision or order, the court may impose such terms and conditions as it considers appropriate on the licence of a person who is subject to the decision or order.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 60. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 60 - 01/05/2007 Reinstatement Variation or discharge of previous order
49.42 (1) If an order made under this Act suspended a licensee’s licence or restricted the manner in which a licensee may practise law or provide legal services, the licensee may apply to the Tribunal for an order of the Hearing Division discharging or varying the order to suspend or restrict on the basis of fresh evidence or a material change in circumstances. 2013, c. 17, s. 22 (1). Exceptions (2) Subsection (1) does not apply to an interlocutory order or an order made under section 46, 47, 47.1 or 49.  2006, c. 21, Sched. C, s. 61. Discharge from bankruptcy (3) If an order made under section 46 suspended a licensee’s licence, the licensee may apply to the Tribunal for an order of the Hearing Division discharging or varying the order to suspend on the basis that the licensee has been discharged from bankruptcy. 2013, c. 17, s. 22 (2). Parties (4) The parties to an application under this section are the applicant, the Society and any other person added as a party by the Hearing Division.  2006, c. 21, Sched. C, s. 61; 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. 61 - 01/05/2007 2013, c. 17, s. 22 (1, 2), 26 - 12/03/2014
49.43 (1) A licensee may apply to the Tribunal for a determination by the Hearing Division of whether terms and conditions specified in an order under this Part have been met if, (a)  the order suspended the licensee’s licence until the terms and conditions were met to the satisfaction of the Society; and (b)  the Society is not satisfied that the terms and conditions have been met.  2006, c. 21, Sched. C, s. 62; 2013, c. 17, s. 23. Powers (2) The Hearing Division shall, (a)  if it determines that the terms and conditions have been met, order that the order suspending the licensee’s licence cease to have effect; or (b)  if it determines that the terms and conditions have not been met, order that the order suspending the licensee’s licence continue in effect.  2006, c. 21, Sched. C, s. 62; 2013, c. 17, s. 26. Application to automatic suspensions under s. 45.1 (2.1) Subsections (1) and (2) apply, with necessary modifications, with respect to a determination by the Hearing Division of whether the conditions specified in subsection 45.1 (5) have been met in relation to a suspension under section 45.1. 2020, c. 11, Sched. 13, s. 12. Parties (3) The parties to an application under this section are the applicant, the Society and any other person added as a party by the Hearing Division.  1998, c. 21, s. 21; 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. 62 - 01/05/2007 2013, c. 17, s. 23, 26
- 12/03/2014 2020, c. 11, Sched. 13, s. 12 - 08/07/2020 Freezing Orders and Trusteeship Orders
49.44 (1) Sections 49.45 to 49.52 apply to property that is or should be in the possession or control of a licensee in connection with, (a)  the professional business of the licensee; (b)  the business or affairs of a client or former client of the licensee; (c)  an estate for which the licensee is or was executor, administrator or administrator with the will annexed; (d)  a trust of which the licensee is or was a trustee; (e)  a power of attorney under which the licensee is or was the attorney; or (f)  a guardianship under which the licensee is or was the guardian.  2006, c. 21, Sched. C, s. 63 (1). Same (2) Sections 49.45 to 49.52 apply to property wherever it may be located.  1998, c. 21, s. 21. Same (3) An order under section 49.46 or 49.47 applies to property that is or should be in the possession or control of the licensee before or after the order is made.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 63 (2). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 63 (1, 2) - 01/05/2007
49.45 An order may be made under section 49.46 or 49.47 with respect to property that is or should be in the possession or control of a licensee only if, (a)  the licensee’s licence has been revoked; (b)  the licensee’s licence is under suspension or the manner in which the licensee may practise law or provide legal services has been restricted; (c)  the licensee has died or has disappeared; (d)  the licensee has neglected or abandoned his or her professional business without making adequate provision for the protection of clients’ interests; (e)  there are reasonable grounds for believing that the licensee has or may have dealt improperly with property that may be subject to an order under section 49.46 or 49.47 or with any other property; or (f)  there are reasonable grounds for believing that other circumstances exist in respect of the licensee or the licensee’s professional business that make an order under section 49.46 or 49.47 necessary for the protection of the public.  2006, c. 21, Sched. C, s. 64. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 64 - 01/05/2007
49.46 On the application of the Society, the Superior Court of Justice may order that all or part of the property that is or should be in the possession or control of a licensee shall not be paid out or dealt with by any person without leave of the court.  1998, c. 21, s. 21; 2002, c. 18, Sched. A, s. 12 (2); 2006, c. 21, Sched. C, s. 65. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002 2006, c. 21, Sched. C, s. 65 - 01/05/2007
49.47 (1) On the application of the Society, the Superior Court of Justice may order that all or part of the property that is or should be in the possession or control of a licensee be held in trust by the Society or another person appointed by the court.  1998, c. 21, s. 21; 2002, c. 18, Sched. A, s. 12 (2); 2006, c. 21, Sched. C, s. 66 (1). Purpose of order (2) An order may be made under subsection (1) only for one or more of the following purposes, as specified in the order: 1.  Preserving the property. 2.  Distributing the property. 3.  Preserving or carrying on the licensee’s professional business. 4.  Winding up the licensee’s professional business.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 66 (2). Property subject to freezing order (3) An order under subsection (1) may supersede an order under section 49.46.  1998, c. 21, s. 21. Use of agent (4) If the Society is appointed as trustee, it may appoint an agent to assist it or act on its behalf.  1998, c. 21, s. 21. Search and seizure (5) An order under subsection (1) may authorize the trustee or the sheriff, or any police officer or other person acting on the direction of the trustee or sheriff, (a)  to enter, by force if necessary, any building, dwelling or other premises, or any vehicle or other place, where there are reasonable grounds for believing that property that is or should be in the possession or control of the licensee may be found; (b)  to search the building, dwelling, premises, vehicle or place; (c)  to open, by force if necessary, any safety deposit box or other receptacle; and (d)  to seize, remove and deliver to the trustee any property that is or should be in the possession or control of the licensee.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 66 (3, 4). Assistance of police (6) An order under this section may require a police officer to accompany the trustee or sheriff in the execution of the order.  1998, c. 21, s. 21. Compensation (7) In an order under subsection (1) or on a subsequent application, the court may make such order as it considers appropriate for the compensation of the trustee and the reimbursement of the trustee’s expenses out of the trust property, by the licensee or otherwise as the court may specify.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 66 (5); 2010, c. 1, Sched. 12, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002 2006, c. 21, Sched. C, s. 66 (1-5) - 01/05/2007 2010, c. 1, Sched. 12, s. 5 - 18/05/2010
49.48 The Society, at the time of making an application for an order under section 49.46 or 49.47, or the trustee appointed under subsection 49.47 (1), may apply to the Superior Court of Justice for the opinion, advice or direction of the court on any question affecting the property.  1998, c. 21, s. 21; 2002, c. 18, Sched. A, s. 12 (2). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002
49.49 An application for an order under section 49.46 or 49.47 may be made without notice.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999
49.50 An order under section 49.46 or 49.47 may require the licensee to account to the Society and to any other person named in the order for such property as the court may specify.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 67. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 67 - 01/05/2007