Providing Class P1 legal services without a licence

 

BY-LAW 4

PART V

PROVIDING LEGAL SERVICES WITHOUT A LICENCE

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.

Not-for-profit organizations

  3.  An individual who,
 
  i.  is employed by a not-for-profit organization that is established for the purposes of providing the legal services and is funded by the Government of Ontario, the Government of Canada or a municipal government in Ontario,
  ii.  provides the legal services through the organization to the community that the organization 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.

Acting for friend or neighbour

  4.  An individual,
 
  i.  whose profession or occupation is not and does not include the provision of legal services or the practice of law,
  ii.  who provides the legal services only for and on behalf of a friend or a neighbour,
  iii.  who provides the legal services in respect of not more than three matters per year, and
  iv.  who does not expect and does not receive any compensation, including a fee, gain or reward, direct or indirect, for the provision of the legal services.

Acting for family

  5.  An individual,
 
  i.  whose profession or occupation is not and does not include the provision of legal services or the practice of law,
  ii.  who provides the legal services only for and on behalf of a related person, within the meaning of the Income Tax Act (Canada), and
  iii.  who does not expect and does not receive any compensation, including a fee, gain or reward, direct or indirect, for the provision of the legal services.

Member of Provincial Parliament

  6.  An individual,
 
  i.  whose profession or occupation is not and does not include the provision of legal services or the practice of law,
  ii.  who is a member of Provincial Parliament or his or her designated staff, and
  iii.  who provides the legal services for and on behalf of a constituent of the member.

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.

Interpretation 

31.  (1)  In this section,
 
 “employer” has the meaning given it in the Workplace Safety and Insurance Act, 1997;
 
“public servant” has the meaning given it in the Public Service of Ontario Act, 2006;
 
“survivor” has the meaning given it in the Workplace Safety and Insurance Act, 1997;
 
“worker” has the meaning given it in the Workplace Safety and Insurance Act, 1997.

Office of the Worker Adviser

  (2)  An individual mentioned in subsection (2.1) may, without a licence, provide the following legal services through the Office of the Worker Adviser:
 
  1.  Advise a worker, who is not a member of a trade union, or the worker’s survivors of their legal interests, rights and responsibilities under the Workplace Safety and Insurance Act, 1997 or any predecessor legislation.
  2.  Act on behalf of a worker, who is not a member of a trade union, or the worker’s survivors in connection with matters and proceedings before the Workplace Safety and Insurance Board or the Workplace Safety and Insurance Appeals Tribunal or related proceedings.

Individuals subject to subsection (2)

  (2.1)  Subsection (2) applies to an individual who meets the following criteria:
 
  1.  The individual is a public servant in the service of the Office of the Worker Adviser.
  2.  At any time during the period commencing May 1, 2007 and ending December 31, 2021, the individual was a public servant in the service of the Office of the Worker Adviser or the Office of the Employer Adviser.
  3.  At any time when the individual was a public servant in the service of the Office of the Worker Adviser or the Office of the Employer Adviser the individual provided legal services through the Office pursuant to section 31 of this By-Law as that section read immediately before January 1, 2022 or a predecessor provision.
  4.  Immediately before January 1, 2022, the individual was not a licensee.

Office of the Employer Adviser

  (3)  An individual mentioned in subsection (3.1) may, without a licence, provide the following legal services through the Office of the Employer Adviser:
 
  1.  Advise an employer of their legal interests, rights and responsibilities under the Workplace Safety and Insurance Act, 1997 or any predecessor legislation.
  2.  Act on behalf of an employer in connection with matters and proceedings before the Workplace Safety and Insurance Board or the Workplace Safety and Insurance Appeals Tribunal or related proceedings.

Individuals subject to subsection (3)

  (3.1)  Subsection (3) applies to an individual who meets the following criteria:
 
  1.  The individual is a public servant in the service of the Office of the Employer Adviser.
  2.  At any time during the period commencing May 1, 2007 and ending December 31, 2021, the individual was a public servant in the service of the Office of the Employer Adviser or the Office of the Worker Adviser.
  3.  At any time when the individual was a public servant in the service of the Office of the Employer Adviser or the Office of the Worker Adviser the individual provided legal services through the Office pursuant to section 31 of this By-Law as that section read immediately before January 1, 2022 or a predecessor provision.
  4.  Immediately before January 1, 2022, the individual was not a licensee.

Interpretation

32.  (1) In this section,
 
“dependants” means each of the following persons who were wholly or partly dependent upon the earnings of a member of a trade union at the time of the member’s death or who, but for the member’s incapacity due to an accident, would have been so dependent:
 
  1.  Parent, stepparent or person who stood in the role of parent to the member. 
  2.  Sibling or half-sibling.
  3.  Grandparent.
  4.  Grandchild;
 
“survivor” means a spouse, child or dependant of a deceased member of a trade union;
 
“workplace” means,
 
  (a)  in the case of a former member of a trade union, a workplace of the former member when he or she was a member of the trade union; and
  (b)  in the case of a survivor, a workplace of the deceased member when he or she was a member of the trade union.

Trade unions

  (2)  An employee of a trade union, a volunteer representative of a trade union or an individual designated by the Ontario Federation of Labour may, without a licence, provide the following legal services to the union, a member of the union, a former member of the union or a survivor:
 
  1.  Give the person advice on her, his or its legal interests, rights or responsibilities in connection with a workplace issue or dispute.
  2.  Act on behalf of the person in connection with a workplace issue or dispute or a related proceeding before an adjudicative body other than a federal or provincial court.
  3.  Despite paragraph 2, act on behalf of the person in enforcing benefits payable under a collective agreement before the Small Claims Court.
 
33.  [Revoked.]

Provision of legal services by student

34.  A student may, without a licence, provide legal services in Ontario under the direct supervision of a licensee who holds a Class L1 licence who is approved by the Society while,
 
  (a)  in service under articles of clerkship; or
  (b)  completing a work placement in the law practice program.