35 (1) Subject to the rules of practice and procedure, if an application is made under section 34 and the Hearing Division determines that the licensee has contravened section 33, the Division shall make one or more of the following orders: 1.  An order revoking the licensee’s licence. 2.  An order permitting the licensee to surrender his or her licence. 3.  An order suspending the licensee’s licence, i.  for a definite period, ii.  until terms and conditions specified by the Hearing Division are met to the satisfaction of the Society, or iii.  for a definite period and, after that, until terms and conditions specified by the Hearing Division are met to the satisfaction of the Society. 4.  An order imposing a fine on the licensee of not more than $100,000, payable to the Society. 5.  An order that the licensee obtain or continue treatment or counselling, including testing and treatment for addiction to or excessive use of alcohol or drugs, or participate in other programs to improve his or her health. 6.  An order that the licensee participate in specified programs of legal education or professional training or other programs to improve his or her professional competence. 7.  An order restricting the areas of law that the licensee may practise or in which the licensee may provide legal services. 7.1  An order restricting the legal services that the licensee may provide. 8.  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. 9.  An order that the licensee co-operate in a review of the licensee’s professional business under section 42 and implement the recommendations made by the Society. 10.  An order that the licensee maintain a specified type of trust account. 11.  An order that the licensee accept specified co-signing controls on the operation of his or her trust accounts. 12.  An order that the licensee not maintain any trust account in connection with his or her professional business without leave of the Society. 13.  An order requiring the licensee to refund to a client all or a portion of the fees and disbursements paid to the licensee by the client. 14.  An order requiring the licensee to pay to the Society, for the Compensation Fund, such amount as the Hearing Division may fix that does not exceed the total amount of grants made from the Fund as a result of dishonesty on the part of the licensee. 15.  An order that the licensee give notice of any order made under this section to such of the following persons as the order may specify: i.  The licensee’s partners or employers. i.1  The licensee’s firm. ii.  Other licensees working for the same firm or employer as the licensee. iii.  Clients affected by the conduct giving rise to the order. 16., 17.  Repealed: 2006, c. 21, Sched. C, s. 31 (7). 18.  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. 19.  An order that the licensee be reprimanded. 20.  Repealed: 2006, c. 21, Sched. C, s. 31 (10). 21.  Any other order that the Hearing Division considers appropriate.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 31 (1-10); 2013, c. 17, s. 26; 2020, c. 11, Sched. 13, s. 3. 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 21 of subsection (1).  1998, c. 21, s. 21. Test results (3) If the Hearing Division makes an order under paragraph 18 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. 31 (11); 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 5 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. 31 (11). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 31 (1-11) - 01/05/2007 2013, c. 17, s. 26
- 12/03/2014 2020, c. 11, Sched. 13, s. 3 (1, 2) - 08/07/2020