Law Society Act, R.S.O. 1990, c. L.8

• Jurisdiction: Ontario

Law Society Act

R.S.O. 1990, CHAPTER L.8

Consolidation Period: From March 1, 2022 to the e-Laws currency date.

Last amendment: 2021, c. 25, Sched. 12.

CONTENTS

PART 0.I

Interpretation

1 (1) In this Act,

“adjudicative body” means any body that, after the presentation of evidence or legal argument by one or more persons, makes a decision that affects a person’s legal interests, rights or responsibilities and, without limiting the generality of the foregoing, includes,

(a) a federal or provincial court,

(b) a tribunal established under an Act of Parliament or under an Act of the Legislature of Ontario,

(c) a commission or board appointed under an Act of Parliament or under an Act of the Legislature of Ontario to conduct an inquiry or inquest, and

(d) an arbitrator; (“organisme juridictionnel”)

“Appeal Division” means the Law Society Tribunal Appeal Division continued under Part II; (“Section d’appel”)

“bencher” means a bencher of the Society, other than an honorary bencher; (“conseiller”)

“by-laws” means the by-laws made under this Act; (“règlements administratifs”)

“certificate of authorization” means a certificate of authorization issued under this Act authorizing the corporation named in it to practise law in Ontario, to provide legal services in Ontario or to do both; (“certificat d’autorisation”)

“Chief Executive Officer” means the Chief Executive Officer of the Society; (“chef de la direction”)

“Convocation” means a regular or special meeting of the benchers convened for the purpose of transacting business of the Society; (“Conseil”)

“document” includes a paper, book, record, account, sound recording, videotape, film, photograph, chart, graph, map, plan, survey and information recorded or stored by computer or by means of any other device; (“document”)

“elected bencher” means a person who is elected as a bencher under subsection 15 (1) or 16 (1) or becomes a bencher under subsection 15 (3) or 16 (3); (“conseiller élu”)

“firm” means, subject to subsection (1.1), any of the following entities or joint arrangements through which one or more licensees practise law, provide legal services to members of the public or both:

1. A sole proprietorship owned by one licensee.

2. A professional corporation.

3. An association of licensees, where the licensees hold themselves out as practising law, providing legal services or both, through an entity or joint arrangement.

4. An ordinary partnership.

5. A limited liability partnership.

6. Any other entity or joint arrangement specified by the by-laws; (“cabinet”)

“Hearing Division” means the Law Society Tribunal Hearing Division continued under Part II; (“Section de première instance”)

“lay bencher” means a person appointed as a bencher by the Lieutenant Governor in Council under section 23; (“conseiller non juriste”)

“licence” means a licence issued under this Act; (“permis”)

“licensed” means licensed under this Act; (“pourvu d’un permis”)

“licensee” means,

(a) a person licensed to practise law in Ontario as a barrister and solicitor, or

(b) a person licensed to provide legal services in Ontario; (“titulaire de permis”)

“life bencher” means a person who is a bencher under paragraph 3 of subsection 12 (1); (“conseiller à vie”)

“person who is authorized to practise law in Ontario” means,

(a) a person who is licensed to practise law in Ontario as a barrister and solicitor and whose licence is not suspended, or

(b) a person who is not a licensee but is permitted by the by-laws to practise law as a barrister and solicitor in Ontario; (“personne autorisée à pratiquer le droit en Ontario”)

“person who is authorized to provide legal services in Ontario” means,

(a) a person who is licensed to provide legal services in Ontario and whose licence is not suspended, or

(b) a person who is not a licensee but is permitted by the by-laws to provide legal services in Ontario; (“personne autorisée à fournir des services juridiques en Ontario”)

“physician” means a member of the College of Physicians and Surgeons of Ontario or a person who is authorized to practise medicine in another province or territory of Canada; (“médecin”)

“professional business” means,

(a) in the case of a person licensed to practise law in Ontario as a barrister and solicitor, the practice of law and the business operations relating to it,

(b) in the case of a person licensed to provide legal services in Ontario, the provision of legal services and the business operations relating to it; (“activités professionnelles”)

“professional corporation” means a corporation incorporated or continued under the Business Corporations Act that holds a valid certificate of authorization; (“société professionnelle”)

“psychologist” means a member of the College of Psychologists of Ontario or a person who is authorized to practise psychology in another province or territory of Canada; (“psychologue”)

“regulations” means the regulations made under this Act; (“règlements”)

“rules of practice and procedure” means the rules of practice and procedure made under this Act; (“règles de pratique et de procédure”)

“Society” means the Law Society of Ontario; (“Barreau”)

“Treasurer” means the Treasurer of the Society; (“trésorier”)

“Tribunal” means the Law Society Tribunal established under Part II. (“Tribunal”) R.S.O. 1990, c. L.8, s. 1; 1991, c. 41, s. 1; 1998, c. 21, s. 1 (1-5); 2000, c. 42, Sched., s. 20; 2006, c. 21, Sched. C, s. 2 (1-9); 2013, c. 17, s. 1; 2018, c. 8, Sched. 15, s. 1; 2020, c. 11, Sched. 13, s. 1 (1).

Not a firm

(1.1) “Firm”, as defined in subsection (1), does not include,

(a) any governmental or public sector entity, including, for greater certainty,

(i) a governmental organization or municipal sector entity, as those terms are defined in the Ombudsman Act,

(ii) a broader public sector organization as defined in the Broader Public Sector Accountability Act, 2010, or

(iii) Legal Aid Ontario; or

(b) an entity or joint arrangement specified by the by-laws. 2020, c. 11, Sched. 13, s. 1 (2).

Documents in possession or control

(2) For the purposes of this Act, a document is in the possession or control of a person if the person is entitled to obtain the original document or a copy of it. 1998, c. 21, s. 1 (6).

Hearings

(3) A hearing is not required before making any decision under this Act, the regulations, the by-laws or the rules of practice and procedure unless the Act, regulations, by-laws or rules of practice and procedure specifically require a hearing. 1998, c. 21, s. 1 (6).

Licensee

(4) For greater certainty, a person whose licence is suspended or is in abeyance is a licensee, but a person whose licence has been revoked, whose application to surrender his or her licence has been accepted under section 30 or whose licence is deemed to have been surrendered under section 31 is not a licensee. 2006, c. 21, Sched. C, s. 2 (10).

Provision of legal services

(5) For the purposes of this Act, a person provides legal services if the person engages in conduct that involves the application of legal principles and legal judgment with regard to the circumstances or objectives of a person. 2006, c. 21, Sched. C, s. 2 (10).

Same

(6) Without limiting the generality of subsection (5), a person provides legal services if the person does any of the following:

1. Gives a person advice with respect to the legal interests, rights or responsibilities of the person or of another person.

2. Selects, drafts, completes or revises, on behalf of a person,

i. a document that affects a person’s interests in or rights to or in real or personal property,

ii. a testamentary document, trust document, power of attorney or other document that relates to the estate of a person or the guardianship of a person,

iii. a document that relates to the structure of a sole proprietorship, corporation, partnership or other entity, such as a document that relates to the formation, organization, reorganization, registration, dissolution or winding-up of the entity,

iv. a document that relates to a matter under the Bankruptcy and Insolvency Act (Canada),

v. a document that relates to the custody of or access to children,

vi. a document that affects the legal interests, rights or responsibilities of a person, other than the legal interests, rights or responsibilities referred to in subparagraphs i to v, or

vii. a document for use in a proceeding before an adjudicative body.

3. Represents a person in a proceeding before an adjudicative body.

4. Negotiates the legal interests, rights or responsibilities of a person. 2006, c. 21, Sched. C, s. 2 (10).

Representation in a proceeding

(7) Without limiting the generality of paragraph 3 of subsection (6), doing any of the following shall be considered to be representing a person in a proceeding:

1. Determining what documents to serve or file in relation to the proceeding, determining on or with whom to serve or file a document, or determining when, where or how to serve or file a document.

2. Conducting an examination for discovery.

3. Engaging in any other conduct necessary to the conduct of the proceeding. 2006, c. 21, Sched. C, s. 2 (10).

Not practising law or providing legal services

(8) For the purposes of this Act, the following persons shall be deemed not to be practising law or providing legal services:

1. A person who is acting in the normal course of carrying on a profession or occupation governed by another Act of the Legislature, or an Act of Parliament, that regulates specifically the activities of persons engaged in that profession or occupation.

2. An employee or officer of a corporation who selects, drafts, completes or revises a document for the use of the corporation or to which the corporation is a party.

3. An individual who is acting on his or her own behalf, whether in relation to a document, a proceeding or otherwise.

4. An employee or a volunteer...