Not practising law or providing legal services:. Warren A. Lyon is entitled to operate under these by-laws. We sell books. We sell articles. We sell reports written by our Library Service.

 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 representative of a trade union who is acting on behalf of the union or a member of the union in connection with a grievance, a labour negotiation, an arbitration proceeding or a proceeding before an administrative tribunal.

5.  A person or a member of a class of persons prescribed by the by-laws, in the circumstances prescribed by the by-laws.  2006, c. 21, Sched. C, s. 2 (10).

Terms, conditions, etc.

(9) For the purposes of this Act, a term, condition, limitation or restriction shall be considered to be imposed on a licensee, regardless of whether it is imposed on the licensee or on the licensee’s licence and regardless of whether it is imposed by the by-laws on all licences of the class held by the licensee or is imposed on the particular licensee or on his or her licence by an order made under this Act.  2006, c. 21, Sched. C, s. 2 (10).

Internal references

(10) A reference in this Act to something done or omitted to be done under this Act, a Part of this Act or a provision of this Act shall be interpreted as referring to the Act, the Part or the provision, as it read on the day the thing was done or omitted to be done.  2006, c. 21, Sched. C, s. 2 (10).

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PART IV

NOT PRACTISING LAW OR PROVIDING LEGAL SERVICES

Not practising law or providing legal services

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

Aboriginal Courtwork Program

  1.  A person who delivers courtworker services to Aboriginal people through an Aboriginal delivery agency that has contracted with the Government of Ontario or the Government of Canada to deliver courtworker services as part of the Aboriginal Courtwork Program.

PART V

PROVIDING LEGAL SERVICES WITHOUT A LICENCE

Interpretation

29.  In section 30,
 
“Canadian law student” means an individual who is enrolled in a degree program at a law school in Canada that is accredited by the Society;
 
“licensee firm” means a partnership or other association of licensees, a partnership or association mentioned in Part III of By-Law 7 [Business Entities] or a professional corporation.
 
“Ontario paralegal student” means an individual who is enrolled in a legal services program in Ontario approved by the Minister of Training.

Providing Class P1 legal services without a licence

30.  The following may, without a licence, provide legal services in Ontario that a licensee who holds a Class P1 licence is authorized to provide:

In-house legal services provider

  1.  An individual, other than a Canadian law student or an Ontario paralegal student, who,
 
  i.  is employed by a single employer that is not a licensee or a licensee firm,
  ii.  provides the legal services only for and on behalf of the employer, and
  iii.  does not provide any legal services to any person other than the employer.

Legal clinics

  2.  An individual, other than a Canadian law student or an Ontario paralegal student, who,
 
  i.  is employed by a clinic, within the meaning of the Legal Aid Services Act, 1998, that is funded by Legal Aid Ontario, 
  ii.  provides the legal services through the clinic to the community that the clinic serves and does not otherwise provide legal services, and
  iii.  has professional liability insurance coverage for the provision of the legal services in Ontario that is comparable in coverage and limits to professional liability insurance that is required of a licensee who holds a Class L1 licence.

Other profession or occupation

  7.  An individual,
 
  i.  whose profession or occupation is not the provision of legal services or the practice of law,
  ii.  who provides the legal services only occasionally,
  iii.  who provides the legal services as ancillary to the carrying on of her or his profession or occupation, and
  iv.  who is a member of the Human Resources Professionals Association of Ontario in the Certified Human Resources Professional category.

PART VI

PRACTISING LAW WITHOUT A LICENCE

Practising law without a licence

35.  The following may, without a licence, practise law in Ontario:
 
  1.  An individual who,
 
  i.  is authorized under Part VII of this By-Law to practise law in Ontario, and
  ii.  practises law in Ontario in accordance and in compliance with Part VII of this By-Law.