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O. Reg. 132/13: HEARINGS BEFORE THE HEARING AND APPEAL PANELS


Published: 2013-04-12

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ontario regulation 132/13

made under the

Law Society Act

Made: February 28, 2013
Approved: April 10, 2013
Filed: April 12, 2013
Published on e-Laws: April 15, 2013
Printed in The Ontario Gazette: April 27, 2013


Amending O. Reg. 167/07

(HEARINGS BEFORE THE HEARING AND APPEAL PANELS)

1. (1) Clause 1 (3) (a) of Ontario Regulation 167/07 is revoked and the following substituted:

(a) one of the members assigned under subsection (1) shall be a person licensed to provide legal services in Ontario;

(2) Subsection 1 (4) of the Regulation is revoked and the following substituted:

(4) Subsection (2) or (3), as the case may be, does not apply if the chair or, in the absence of the chair, the vice-chair is of the opinion that,

(a) compliance with the subsection would unduly delay a hearing or otherwise hinder the timely and efficient scheduling of the hearing;

(b) assignment of a member in accordance with the subsection would likely give rise to an actual or perceived conflict of interest on the part of the member; or

(c) the subject matter or nature of the hearing is such that the assignment of one or more members with specific expertise or experience is advisable.  

2. (1) Clause 5 (3) (a) of the Regulation is revoked and the following substituted:

(a) two of the members assigned under subsection (1) shall be persons licensed to provide legal services in Ontario;

(2) Section 5 of the Regulation is amended by adding the following subsection:

(4) Subsection (2) or (3), as the case may be, does not apply if the chair or, in the absence of the chair, the vice-chair is of the opinion that,

(a) compliance with the subsection would unduly delay a hearing or otherwise hinder the timely and efficient scheduling of the hearing;

(b) assignment of a member in accordance with the subsection would likely give rise to an actual or perceived conflict of interest on the part of the member; or

(c) the subject matter or nature of the hearing is such that the assignment of one or more members with specific expertise or experience is advisable. 

3. (1) Clause 6 (3) (a) of the Regulation is revoked and the following substituted:

(a) one of the members assigned under subsection (1) shall be a person licensed to provide legal services in Ontario;

(2) Section 6 of the Regulation is amended by adding the following subsection:

(4) Subsection (2) or (3), as the case may be, does not apply if the chair or, in the absence of the chair, the vice-chair is of the opinion that,

(a) compliance with the subsection would unduly delay a hearing or otherwise hinder the timely and efficient scheduling of the hearing;

(b) assignment of a member in accordance with the subsection would likely give rise to an actual or perceived conflict of interest on the part of the member; or

(c) the subject matter or nature of the hearing is such that the assignment of one or more members with specific expertise or experience is advisable. 

Commencement

4. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

The Law Society of Upper Canada:
Barreau du Haut-Canada :

Thomas G. Conway

Treasurer

James C. Varro

Secretary

Date made: February 28, 2013.
Pris le : 28 février 2013.

 

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