jswizzle3737/ontario_laws_and_regs huggingface dataset:
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.  2006, c. 21, Sched. C, s. 3. (4)-(7) Repealed: 2013, c. 17, s. 2. Order imposing term, condition, etc. (8) If an order imposing a term, condition, limitation or restriction on a person’s rights and privileges as a member is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order imposing the same term, condition, limitation or restriction on the person’s licence.  2006, c. 21, Sched. C, s. 3. Order suspending rights and privileges deemed order suspending licence (9) If an order suspending a person’s rights and privileges as a member is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order suspending the person’s licence.  2006, c. 21, Sched. C, s. 3. Prohibition order (10) If an order under section 50.2 prohibiting a person from contravening section 50 is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order under clause 26.3 (1) (a) prohibiting the person from contravening subsection 26.1 (1) or (2), as the case may be.  2006, c. 21, Sched. C, s. 3. (11) Repealed: 2013, c. 17, s. 2. Licence deemed permit (12) Any of the following licences that is in effect immediately before the amendment day shall be deemed to become, on the amendment day, a permit authorizing the holder to do the same things that were authorized by the licence: 1.  A licence authorizing a limited liability partnership to practise law. 2.  A licence authorizing a person to give legal advice respecting the law of a jurisdiction outside Canada. 3.  A licence authorizing a partnership, corporation or other organization to engage in a practice of law whereby it maintains one or more offices outside Ontario and one or more offices in Ontario. 4.  A licence authorizing a person, partnership, corporation or other organization to practise another profession in addition to practising law.  2006, c. 21, Sched. C, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 3 - 01/05/2007 2010, c. 1, Sched. 12, s. 1 - 18/05/2010 2013, c. 17, s. 2
- 12/12/2013 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/m/y) 2006, c. 21, Sched. C, s. 8 - 01/05/2007
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 (1) or (2) have the rights and privileges prescribed by the by-laws but, except as provided in subsection (5), may not vote in Convocation or in committees.  1998, c. 21, s. 6. Voting (5) The following voting rights apply: 1.  The Attorney General for Ontario may vote in Convocation and in committees. 2.  Benchers by virtue of their office under paragraph 3 of subsection (1) or paragraph 2 of subsection (2) may vote in committees.  1998, c. 21, s. 6. If elected bencher is eligible to become bencher by virtue of office (6) An elected bencher who becomes qualified as a bencher under subsection (1) or (2) continues in office as an elected bencher despite the qualification.  2010, c. 1, Sched. 12, s. 2 (3). (7), (8) Repealed: 2010, c. 1, Sched. 12, s. 2 (3). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 6 - 01/02/1999 2006, c. 21, Sched. C, s. 12 (1-3) - 01/05/2007 2010, c. 1, Sched. 12, s. 2 (1-3) - 18/05/2010
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 for anything done by him or her while exercising the functions of such office.  R.S.O. 1990, c. L.8, s. 13 (3); 1998, c. 21, s. 7 (3). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 7 (1-3) - 01/02/1999 2006, c. 21, Sched. C, s. 13 - 01/05/2007
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 2006, c. 21, Sched. C, s. 15 - 01/05/2007
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) 1998, c. 21, s. 10 - 01/02/1999 2006, c. 21, Sched. C, s. 16 - 19/10/2006 2013, c. 17, s. 3 (1, 3)
- 07/04/2014; 2013, c. 17, s. 3 (2)
- 12/12/2013; 2013, c. 17, s. 3 (4)
- 01/07/2021 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/y) 1998, c. 21, s. 12 - 01/02/1999 2006, c. 21, Sched. C, s. 17 (1-3) - 01/05/2007
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 election.  2006, c. 21, Sched. C, s. 18. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 13 - 01/02/1999 2006, c. 21, Sched. C, s. 18 - 01/05/2007 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 to in clause (3) (c) shall be appointed as members of the Committee by Convocation on the recommendation of the Treasurer.  2006, c. 21, Sched. C, s. 19. Chair (7) The chair of the Committee shall be one of the five persons referred to in clause (3) (a) and shall be appointed by the Committee in accordance with the by-laws.  2006, c. 21, Sched. C, s. 19. Ceasing to be a member of Committee (8) A person referred to in clause (3) (a) ceases to be a member of the Committee if the person ceases to be an elected bencher licensed to provide legal services in Ontario. 2013, c. 17, s. 4 (3). Same (9) A person referred to in clause (3) (b) who is appointed as a member of the Committee under subsection (6) ceases to be a member of the Committee if the person ceases to be an elected bencher licensed to practise law in Ontario as a barrister and solicitor.  2006, c. 21, Sched. C, s. 19. Same (10) A person referred to in clause (3) (c) who is appointed as a member of the Committee under subsection (6) ceases to be a member of the Committee if the person ceases to be a lay bencher.  2006, c. 21, Sched. C, s. 19. (11), (12) Repealed: 2013, c. 17, s. 4 (5). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 19 - 19/10/2006 2013, c. 17, s. 4 (1-4)
- 07/04/2014; 2013, c. 17, s. 4 (5)
- 01/07/2021 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) 2006, c. 21, Sched. C, s. 20 - 01/05/2007 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 may provide legal services in Ontario, without specifying, in the course of the holding out or representation, the restrictions, if any, (a)  on the areas of law that the licensee is authorized to practise or in which the licensee is authorized to provide legal services; and (b)  on the legal services that the licensee is authorized to provide.  2006, c. 21, Sched. C, s. 22. Exception, non-licensee practising law or providing legal services (5) A person who is not a licensee may practise law or provide legal services in Ontario if and to the extent permitted by the by-laws.  2006, c. 21, Sched. C, s. 22. Exception, non-licensee holding out, etc. (6) A person who is not a licensee may hold themself out as, or represent themself to be, a person who may practise law in Ontario, if, (a)  the by-laws permit the person to practise law in Ontario; and (b)  the person specifies, in the course of the holding out or representation, the restrictions, if any, on the areas of law that the person is authorized to practise.  2006, c. 21, Sched. C, s. 22. Same (7) A person who is not a licensee may hold themself out as, or represent themself to be, a person who may provide legal services in Ontario, if, (a)  the by-laws permit the person to provide legal services in Ontario; and (b)  the person specifies, in the course of the holding out or representation, the restrictions, if any, (i)  on the areas of law in which the person is authorized to provide legal services, and (ii)  on the legal services that the person is authorized to provide.  2006, c. 21, Sched. C, s. 22. Agent (8) This section applies to a person, even if the person is acting as agent under the authority of an Act of the Legislature or an Act of Parliament.  2006, c. 21, Sched. C, s. 22. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 22 - 01/05/2007 Offences
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.  2006, c. 21, Sched. C, s. 22. Condition of probation order: not to contravene s. 26.1 (4) The court that convicts a person of an offence under subsection (1) may prescribe as a condition of a probation order that the person shall not contravene section 26.1.  2006, c. 21, Sched. C, s. 22. Condition of probation order: not to give foreign legal advice (5) The court that convicts a person of an offence under subsection (2) may prescribe as a condition of a probation order that the person shall not give legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws.  2006, c. 21, Sched. C, s. 22. Order for costs (6) Despite any other Act, the court that convicts a person of an offence under this section may order the person to pay the prosecutor costs toward fees and expenses reasonably incurred by the prosecutor in the prosecution.  2006, c. 21, Sched. C, s. 22. Deemed order (7) A certified copy of an order for costs made under subsection (6) may be filed in the Superior Court of Justice by the prosecutor and, on filing, shall be deemed to be an order of that court for the purposes of enforcement.  2006, c. 21, Sched. C, s. 22. Limitation (8) A prosecution for an offence under this section shall not be commenced more than two years after the date on which the offence was alleged to have been committed.  2006, c. 21, Sched. C, s. 22. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 22 - 01/05/2007
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 advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws.  2006, c. 21, Sched. C, s. 22. Order to vary or discharge (3) Any person may apply to the Superior Court of Justice for an order varying or discharging an order made under subsection (1).  2006, c. 21, Sched. C, s. 22. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 22 - 01/05/2007 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 Division, on referral of the matter by the Society to the Tribunal. 2013, c. 17, s. 6. Parties (5) The parties to a hearing under subsection (4) are the applicant, the Society and any other person added as a party by the Hearing Division.  1998, c. 21, s. 14; 2013, c. 17, s. 26. Subsequent applications (6) If an application for a licence is refused, another application may be made at any time based on fresh evidence or a material change in circumstances.  1998, c. 21, s. 14; 2006, c. 21, Sched. C, s. 23 (3). (7) Repealed: 2006, c. 21, Sched. C, s. 23 (4). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 14 - 01/02/1999 2006, c. 21, Sched. C, s. 23 (1-4) - 01/05/2007 2013, c. 17, s. 6, 26
- 12/03/2014
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 by-laws.  2006, c. 21, Sched. C, s. 24. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 15 - 01/02/1999 2000, c. 42, Sched. , s. 21 - 01/11/2001 2001, c. 8, s. 46
- 01/11/2001 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002 2006, c. 21, Sched. C, s. 24 - 01/05/2007 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 (1); 2013, c. 17, s. 7 (1). Refusal (2.1) An application to restore the licence of a person whose licence is in abeyance may be refused only after a hearing by the Hearing Division, on referral of the matter by the Society to the Tribunal. 2013, c. 17, s. 7 (2). Same (3) The Hearing Division may refuse to restore the licence of a person whose licence is in abeyance if the Division finds that the person was removed or resigned from an office described in subsection (1) because of, (a)  conduct that was incompatible with the due execution of the office; (b)  failure to perform the duties of the office; or (c)  conduct that, if done by a licensee, would be professional misconduct or conduct unbecoming a licensee. 1998, c. 21, s. 19 (2); 2006, c. 21, Sched. C, s. 27 (3, 4); 2010, c. 1, Sched. 12, s. 4 (2); 2013, c. 17, s. 7 (3). Parties (4) The parties to a hearing under subsection (2.1) are the person whose licence is in abeyance, the Society and any other person added as a party by the Hearing Division. 2013, c. 17, s. 7 (4). Deemed surrender of licence (5) If the Hearing Division refuses to restore a person’s licence, the person’s licence shall be deemed to have been surrendered. 2006, c. 21, Sched. C, s. 27 (6); 2010, c. 1, Sched. 12, s. 4 (2); 2013, c. 17, s. 26. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 19 (1, 2) - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002 2006, c. 21, Sched. C, s. 27 (1-6) - 01/05/2007 2010, c. 1, Sched. 12, s. 4 (1, 2) - 18/05/2010 2013, c. 17, s. 7 (1-4), 26 - 12/03/2014 2020, c. 11, Sched. 5, s. 17 - 08/01/2021 2021, c. 4, Sched. 3, s. 24 - 01/09/2021; 2021, c. 4, Sched. 6, s. 56 (1) - 01/06/2021 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. 8, 26
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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 assistive device, the licensee is capable of meeting his or her obligations as a licensee.  2006, c. 21, Sched. C, s. 33 (2); 2013, c. 17, s. 26. (5) Repealed: 2006, c. 21, Sched. C, s. 33 (2). Same (6) Despite subsection (4), the Hearing Division may determine that a licensee who is the subject of an application under section 38 is incapacitated for the purposes of this Act if, (a)  the licensee suffers from a condition that would render the licensee incapacitated were it not for compliance with a continuing course of treatment or the continuing use of an assistive device; and (b)  the licensee has not complied with the continuing course of treatment or used the assistive device on one or more occasions in the year preceding the commencement of the application.  2006, c. 21, Sched. C, s. 33 (3); 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. 33 (1-3) - 01/05/2007 2013, c. 17, s. 26
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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
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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, c. 21, s. 21; 2006, c. 21, Sched. C, s. 35 (2). Questions and answers (4) The licensee shall answer the questions of the examining physicians or psychologists that are relevant to the examination.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 35 (3). Same (5) The answers given under subsection (4) are admissible in evidence in the application, including any appeal, and in any proceeding in court arising from the application, but are not admissible in any other proceeding.  1998, c. 21, s. 21. Failure to comply (6) If the licensee fails to comply with an order under this section, the Hearing Division may make an order suspending his or her licence until he or she complies.  2006, c. 21, Sched. C, s. 35 (4); 2013, c. 17, s. 26. Appeal (7) A party to the proceeding may appeal an order under this section or a refusal to make an order under this section to the Appeal Division.  1998, c. 21, s. 21; 2013, c. 17, s. 26. Grounds: parties other than Society (8) A party other than the Society may appeal under subsection (7) on any grounds.  1998, c. 21, s. 21. Grounds: Society (9) The Society may appeal under subsection (7) only on a question that is not a question of fact alone.  1998, c. 21, s. 21. Time for appeal (10) An appeal under subsection (7) 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 2006, c. 21, Sched. C, s. 35 (1-4) - 01/05/2007 2013, c. 17, s. 26
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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 provide legal services. 3.1  An order restricting the legal services that the licensee may provide. 4.  An order that the licensee practise law or provide legal services only, i.  as an employee of a person approved by the Society, ii.  as an employee or partner, and under the supervision, of a licensee approved by the Society, or iii.  under the supervision of a licensee approved by the Society. 5.  An order that the licensee report on his or her compliance with any order made under this section and authorize others involved with his or her treatment or supervision to report thereon. 6.  Any other order that the Hearing Division considers appropriate.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 36 (1-5); 2013, c. 17, s. 26. Same (2) The failure of subsection (1) to specifically mention an order that is provided for elsewhere in this Act does not prevent an order of that kind from being made under paragraph 6 of subsection (1).  1998, c. 21, s. 21. Test results (3) If the Hearing Division makes an order under paragraph 5 of subsection (1), specific results of tests performed in the course of treatment or counselling of the licensee shall be reported pursuant to the order only to a physician or psychologist selected by the Society.  2006, c. 21, Sched. C, s. 36 (6); 2013, c. 17, s. 26. Report to Society (4) If test results reported to a physician or psychologist under subsection (3) relate to an order made under paragraph 2 of subsection (1), the Society may require the physician or psychologist to promptly report to it his or her opinion on the licensee’s compliance with the order, but the report shall not disclose the specific test results.  2006, c. 21, Sched. C, s. 36 (6). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 36 (1-6) - 01/05/2007 2013, c. 17, s. 26
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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
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
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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/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 41 - 01/05/2007 2013, c. 17, s. 11
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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, c. 17, s. 12. Notice (4) The Society shall give notice of a suspension under subsection (1) to the licensee, and shall specify in the notice the date on which the suspension began. 2013, c. 17, s. 12. Length of suspension (5) A suspension under subsection (1) remains in effect until the licensee pays, to the satisfaction of the Society, (a)  the costs owing; and (b)  any other amount owed by the licensee to the Society under this Act. 2013, c. 17, s. 12. Costs payable by instalment (6) If costs are payable by instalment, a reference in this section to a deadline for payment of costs shall be read as a reference to a deadline for payment of any instalment of the costs. 2013, c. 17, s. 12. Section Amendments with date in force (d/m/y) 2013, c. 17, s. 12 - 12/12/2013 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 the licensee may apply to the Tribunal under subsection 49.42 (3).  2006, c. 21, Sched. C, s. 41; 2013, c. 17, s. 13. 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 2013, c. 17, s. 13 - 12/03/2014