Chapter 1: Regulating the Legal Professions PDF

Summary

This document details the regulation of the legal professions in Ontario, focusing on the role and responsibilities of the Law Society of Ontario. It covers topics including convocation, education, professional development, and professional regulation.

Full Transcript

# Chapter 1: Regulating the Legal Professions ## The Law Society of Ontario * The Law Society of Ontario was established in 1797. * It is a self-governing body that governs the legal professions in the "public interest." * Individuals who meet the required standards relating to competence and good...

# Chapter 1: Regulating the Legal Professions ## The Law Society of Ontario * The Law Society of Ontario was established in 1797. * It is a self-governing body that governs the legal professions in the "public interest." * Individuals who meet the required standards relating to competence and good character are permitted to be licensed to provide legal services (both paralegals and lawyers) or to practise law (lawyers only). * The Law Society's primary functions can be sorted into four main areas: * Convocation and Management * Education, Licensing, and Professional Development * Professional Regulation * Resources and Supports for Paralegals, Lawyers, and the Public ### 1.1 Convocation and Management * The Law Society is run by a board of directors called "benchers". * Most benchers are elected by licensees. * Some are appointed by the Lieutenant Governor in Council. * Benchers meet monthly in a gathering called "Convocation" to set policy and determine other matters related to governing the legal professions. * Benchers may be licensed lawyers or paralegals, or members of the public. * Benchers also participate in Law Society committees and on panels as adjudicators to hear disciplinary cases concerning the conduct, licensing, capacity, and competence of licensees. * The head of the Law Society, the "Treasurer", presides over Convocation and is elected by benchers entitled to vote in Convocation. * The Chief Executive Officer, an employee of the Law Society, oversees the staff and the daily operations of the organization. * Paralegals participate in Convocation and the Law Society's Paralegal Standing Committee, which makes recommendations to Convocation regarding paralegal regulation, the permitted scope of practice, education, and licensing requirements. ### 1.2 Education, Licensing, and Professional Development * The Professional Development and Competence Division (PD&C) provides education, practice resources, and supports to paralegals and lawyers. * PD&C's goal is to ensure that paralegals and lawyers serve the public competently. * PD&C is responsible for the licensing process, continuing professional development (CPD), and the provision of practice supports and resources to paralegals and lawyers via the Great Library, the Practice Management Helpline, and the Coach and Advisor Network. * PD&C also oversees remedial programs aimed at identifying and correcting problems with competence, which include both spot audits and practice reviews. ### 1.3 Professional Regulation * The Professional Regulation Division (PRD) fulfills the Law Society's obligation to govern paralegals and lawyers in the public interest by responding to regulatory complaints and allegations. * PRD works with other divisions of the Law Society to respond to regulatory issues, develop policies to limit risk to the public, and improve access to justice. * The primary activities of PRD include complaints handling, investigations, discipline prosecutions, and monitoring and enforcement of orders and undertakings. * PRD operates the Unclaimed Trust Fund and Compensation Fund. ### 1.4 Support to Paralegals, Lawyers, and the Public * The Client Service Centre (CSC) is a first point of contact for members of the public and licensees. * The CSC is made up of the Call Centre and the administrative areas that handle licensee fees and annual filings, applications under Law Society by-laws, and other requests made by licensees. * The External Relations and Communications (ERC) Division leads the Law Society's communications, engagement and public affairs activities. * ERC produces informative publications and deals with media inquiries. ## Regulating the Legal Professions in the Public Interest * A profession requires extensive training and the study and mastery of specialized knowledge. * Recognized professions are regulated by a governing body that oversees licensing, outlines ethical conduct, and holds the profession to its established standards. * Providing legal services to the public is a privilege and a responsibility. * Paralegals are required to comply with the code of ethical behaviour set out by the Paralegal Rules of Conduct (Paralegal Rules) and the related Paralegal Professional Conduct Guidelines (Guidelines). ### 2.1 Terminology * **Law Society**: refers to the Law Society of Ontario. * **Lawyer**: refers to a person licensed by the Law Society to practice law as a barrister or solicitor. * **Legal Practitioner**: refers to a paralegal or lawyer licensed by the Law Society. * **Legal Professions**: refers to the occupations of providing legal services as a paralegal or lawyer. * **Licensee**: refers to a paralegal or lawyer licensed by the Law Society. * **Paralegal**: refers to a person licensed by the Law Society to provide legal services in Ontario. * **Tribunal**: includes courts, boards, arbitrators, mediators, administrative agencies, and bodies that resolve disputes. ### 2.2 The Paralegal Rules of Conduct * Ontario paralegals and lawyers determine what conduct is required, permitted, or prohibited through their benchers. * The Law Society can discipline those who do not adhere to that conduct. * The Paralegal Rules, Guidelines, and the by-laws made under the Law Society Act govern the professional conduct of Ontario paralegals. ## Professional Responsibility **There are nine Paralegal Rules:** 1. **Citation and Interpretation** defines key terms used in the Paralegal Rules. 2. **Professionalism** deals with the paralegal's general duties of integrity and civility. 3. **Duty to Clients** covers issues relating to the paralegal-client relationship. 4. **Advocacy** contains rules governing how paralegals should conduct themselves when acting as an advocate. 5. **Fees and Retainers** outlines fee billing issues. 6. **Duty to the Administration of Justice** sets out a paralegal's obligations to the justice system. 7. **Duty to Licensees and Others** deals with the paralegal's duties of courtesy and good faith. 8. **Practice Management** outlines how paralegals should manage their practice. 9. **Responsibility to the Law Society** discusses the paralegal's obligations to respond to the Law Society and to report misconduct and certain offences. ### 2.3 Competence and Professional Development * The Law Society has developed various initiatives to assist paralegals and lawyers in maintaining the competence required to serve the public. * CPD programs and materials are offered in various formats. * The Practice Management Helpline provides understanding and properly applying Law Society rules and by-laws, and practice management guidance. * The Coach and Advisor Network provides licensees with access to shorter-term, outcome-oriented relationships with coaches and advisors drawn from the legal professions. * The Law Society administers the Spot Audit and Practice Review programs. * Spot audits assess firms' compliance with financial-filing and record-keeping requirements. * Practice reviews assess a licensee's practice management processes. ### 2.4 Complaints, Investigations, Discipline, and Appeals * Complaints about a paralegal or lawyer must be sent to the Law Society in writing. * The Intake and Resolution Department reviews complaints to ensure that the issues outlined are within the Law Society’s jurisdiction. * They may deal with the complaint informally. * Serious allegations of professional misconduct, incapacity, or incompetence are referred to Investigation Services. * Investigation Services may close the matter, with or without remedial action, refer the matter to the Proceedings Authorization Committee (PAC) to consider whether further action is warranted, or transfer the file to the Litigation Services Department. * The PAC may approve, or give directions for, the informal remediation of the matter or may authorize a hearing before a hearing panel. * The hearing penal may discipline paralegals or lawyers by suspending or revoking their licence or ordering them to participate in: * CPD or professional training. * A practice review. * Restricting their practice to certain areas. * Provide legal services only under the supervision of another licensee. * Not maintain a trust account. * Pay a fine. * Refund to a client all or a portion of fees. * Paralegals and lawyers may appeal any decision of the hearing panel to an appeal panel and may appeal the decision of an appeal panel to the Divisional Court * They may appeal any decision of the hearing panel to an appeal panel and may appeal the decision of an appeal panel to the Divisional Court. * They may also appeal decisions made during the Law Society's licensing process. ### 2.5 Suspensions: Disciplinary and Administrative * The Law Society may discipline an individual who has acted contrary to the Law Society's legislation, rules, regulations, or by-laws. * This includes: * Delivering an oral or written reprimand. * Imposing a fine. * Placing temporary or permanent restrictions on an individual's licence. * Suspending an individual's licence. * Permitting the individual to give up their licence. * Revoking an individual's licence. * Paralegals and lawyers suspended for failing to meet the required standard of conduct can be suspended for disciplinary reasons. * The suspension may be for a defined period of time, or it may be indefinite and dependent on the paralegal's or lawyer's completion of other tasks required by the Law Society’s hearing panel * Paralegals and lawyers may also be suspended by the Law Society for administrative reasons * Administrative suspensions do not require a hearing, and may occur immediately once the licensee is in default. * These may occur if paralegals or lawyers fail to meet certain administrative obligations to the Law Society, including the requirements to: * Pay annual fees to the Law Society. * Pay the necessary professional liability insurance premiums and levies or file the necessary forms with the professional liability carrier. * Complete and report on annual CPD hours. * File annual reports to the Law Society, such as the Annual Report Filing, and report in the Annual Report Filing on each mixed trust account, including interest earned, held at any time during the licensee's reporting year. * The specifics of these requirements are contained in By-Laws 5-6.1 and 8, made under the Act. * Unlike disciplinary suspensions, administrative suspensions are lifted as soon as the suspended licensees meet their administrative obligations to the Law Society and pay a reinstatement fee. * Licensees who have been administratively suspended for a period of more than 12 months may have their licence revoked. * Once revoked, licensees must apply to have their licence reinstated and may be required to pay an additional fee. ### 2.6 Paralegals under Suspension * While under suspension for any reason, paralegals are prohibited from providing legal services or representing or holding themselves out as persons entitled to provide legal services. * Suspended paralegals also have specific obligations to disclose their suspended status to prospective, existing, and former clients and to engage another paralegal or a lawyer to complete certain tasks related to any existing client’s file. * There are additional obligations if a paralegal is holding client funds or property in trust. * These obligations are outlined in By-Laws 7.1 and 9, made under the Act. ## Permissible Scope or Practice * By-Law 4, made under the Act, specifies the proceedings that paralegals may deal with and the related activities paralegals may undertake. * Together, these are referred to as the paralegal's permissible scope of practice. * Paralegals who accept client matters or undertake activities outside this permissible scope of practice are in violation of both By-Law 4 and the Paralegal Rules and are subject to disciplinary action by the Law Society. ### 3.1 Determining When a Paralegal May Act * It is the paralegal’s responsibility to ensure that they provide legal services only in relation to matters that fall within the paralegal’s permissible scope of practice, as outlined in By-Law 4. * When asked to assist a prospective client, paralegals must first determine whether the client’s matter is within the paralegal’s permitted scope of practice. ### 3.2 Permitted Proceedings and Acceptable Appearances * The following represents some of the areas in which paralegals can provide legal services. The list is not comprehensive, and By-Law 4 should always be consulted when determining whether a matter falls within a paralegal’s permissible scope of practice. * A proceeding is a series of legal steps, actions, or measures for seeking redress from a trubunal. * Paralegals may only provide legal services in relation to the following actual or intended proceedings: * In the Small Claims Court, which hears claims for damages or the return of property worth $35,000 or less * In the Ontario Court of Justice, which hears quasi-criminal matters under the: * Highway Traffic Act. * Compulsory Automobile Insurance Act. * Liquor Licence and Control Act, 2019. * Trespass to Property Act. * Environmental Protection Act. * Occupational Health and Safety Act. * Blind Persons’ Rights Act. * Municipal by-laws. * Before a tribunal established under an Act of the Legislature of Ontario or under an Act of Parliament including: * The Financial Services Tribunal. * The Immigration and Refugee Board of Canada. * The Workplace Safety and Insurance Board. * The Workplace Safety and Insurance Appeals Tribunal. * The Landlord and Tenant Board. * The Human Rights Tribunal of Ontario. * The Social Benefits Tribunal. * The Licence Appeal Tribunal. * The Assessment Review Board. * The Ontario Land Tribunal. * The Ontario Labour Relations Board. * The Alcohol and Gaming Commission of Ontario. * The Agriculture, Food and Rural Affairs Appeal Tribunal. * The Health Professions Appeal and Review Board. * The Ontario Highway Transport Board. * The Ontario Parole Board. * Before a person dealing with a claim or a matter related to a claim for statutory accident benefits within the meaning of the Insurance Act, including a mediator, a person performing an evaluation, an arbitrator, or the Director acting under section 280, 280.1, 282, 283 or 284 of the Insurance Act. * In a summary conviction court under the Code where as of September 18, 2019, an accused was permitted to appear or examine or cross-examine witnesses by agent, or in respect of an offence under ss. 320.13(1), 320.16(1), 320.17, or 320.18(1) of the Code. * Examples of summary conviction offences for which paralegals may represent clients include: * Unlawful assembly * Taking a motor vehicle without consent. * Falsifying employment records. * Examples of non-offence proceedings within a paralegal’s permitted scope of practice include: * Firearm prohibition hearings. * Peace bond hearings. * A paralegal is also permitted to represent a client in summary conviction court where a client is charged with a hybrid offence under the Code, the Crown has elected to proceed by way of summary conviction, and the accused was permitted to appear or examine or cross-examine witnesses by agent as of September 18, 2019. Examples of hybrid offences that may be within a paralegal's permitted scope of practice include: * Indecent acts or exposure. * Carrying a concealed weapon. * Assault. * Possession of a weapon for a dangerous purpose. * Public mischief. * Identity fraud. * Forgery instruments. * Uttering threats. * It is important to note that, in the above cases, the Crown may revoke its election to proceed summarily. * When a client comes to the paralegal for representation in a matter that is a hybrid offence that the Crown has elected to proceed with summarily, the paralegal should advise the client of the risk that the paralegal will have to cease acting for the client if the matter is change to an indictable offence, and that in such an event, the paralegal must refer the client to a lawyer. * As this situation could result in potential delays or increased costs for the client, the paralegal should consider whether the client would be better served at the outset by a lawyer. * Paralegals appearing in any of the proceedings listed above should identify themselves as paralegals to all parties, legal representatives, and tribunal members involved in the proceeding so it is clear that the paralegal is licensed by the Law Society to provide such legal services. ### 3.3 Permitted Activities Related to Proceedings * By-Law 4 also identifies those activities a paralegal may undertake on behalf of a client. * These activities must relate to a proceeding within the paralegal’s permitted scope of practice. * Subject to any restrictions on the paralegal’s licence to provide legal services, paralegals may: * Provide the client with advice on their legal interests, rights, or responsibilities regarding a proceeding or the subject matter of a proceeding. * Represent a client in a proceeding (as defined in By-Law 4) before the tribunals mentioned in section 3.2 above. * Perform any activity mentioned in s. 1(7) of the Act (e.g., determining what documents to serve or file in relation to a proceeding) if that activity is required by the rules of procedure that govern the proceeding. * Select, draft, complete, or revise a document for use in a proceeding or assist another to do any of these things. * Negotiate a client’s legal interests, rights, or responsibilities that relate to a proceeding or to the subject matter of a proceeding. * Select, draft, complete, or revise a document that affects a client’s legal interests, rights, or responsibilities related to a proceeding or to the subject matter of a proceeding or assist another do any of these things. ### 3.4 Prohibited Proceedings and Activities * Paralegals must not undertake or provide advice with respect to matters outside the paralegal’s permissible scope of practice. * This includes providing legal services that only a lawyer may provide (e.g., family law matters, drafting wills, or handling real estate, estate, or corporate matters). ## List of Permitted Criminal Code Summary Conviction Offences and Non-Offence Proceedings * The list of summary conviction offences and non-offence proceedings in the Criminal Code that follow are current to February 25, 2021. **Criminal Code Summary Conviction Offences Carrying Maximum Penalties of Six Months’ Imprisonment Prior to Bill C-75 Coming into Force on September 19, 2019** * s. 54 - Assisting deserter * s. 56 - Offences in relation to members of RCMP * s. 66(1) - Unlawful assembly * s. 83(1) - Engaging in prize fight * s. 89(2) - Carrying weapon while attending public meeting * s. 134(1) - Perjury (where not required to make oath, etc) * s. 174(1) - Nudity * s. 175(1) - Causing disturbance, indecent exhibition, loitering, etc * s. 176(2)-(3) – Disturbing religious worship or certain meetings * s. 177 - Trespassing at night * s. 201(2) - Person found in or owner permitting use (gaming or betting house) * s. 206(4) - Offence (buying ticket for unlawful lottery or game of chance) * s. 207(3)(b) – Offence, participation in lottery scheme (permitted lotteries) * s. 207.1(3)(b) – Offence, participation in lottery scheme (permitted lotteries, international cruise ship) * s. 210(2) - Landlord, inmate, etc (common bawdy-house) * s. 211 - Transporting person to bawdy-house * s. 213(1)-(1.1) – Stopping or impeding traffic / Communication (relating to offering, providing or obtaining sexual services for consideration) * s. 278.9(2) - Publication prohibited (in relation to production order) * s. 278.95(2) - Publication prohibited (hearing to determine admissibility of evidence of complainant's sexual activity) * s. 320.19(2) – Operation while impaired – low blood drug concentration * s. 320.36(4) – Unauthorized use of bodily substance / Unauthorized use or disclosure of results * s. 335(1) - Taking motor vehicle or vessel or found therein without consent * s. 339(2) - Dealer in second-hand goods (lumbering equipment without owner's consent) * s. 353(3)-(4) – Fail to keep record of transaction, sale of automobile master key * s. 364(1) - Fraudulently obtaining food, beverage or accommodation * s. 393(3) - Fraudulently obtaining transportation * s. 398 - Falsifying employment record * s. 401(1) – Obtaining carriage by false billing * s. 419 - Unlawful use of military uniforms or certificates * s. 425 - Offences by employers * s. 438(2) - Interfering with saving of wreck * s. 439(1) - Interfering with marine signal (making fast vessel or boat) * s. 442 - Interfering with boundary lines * s. 447.1(2) - Breach of order (cruelty to animals) * s. 454 - Slugs and tokens * s. 456 - Defacing current coins * s. 457(3) - Likeness of bank-notes * s. 463(c) - Attempts, accessories - summary offences * s. 464(b) – Counselling offence that is not committed - summary offences * s. 465(1)(d) – Conspiracy – summary offences * s. 486.6(1) - Offence (fail to comply with orders restricting publication: sexual offences, victims and witnesses) * s. 487.0197 - Contravene preservation demand * s. 487.0198 - Contravene preservation or production order * s. 487.0199 - Destruction of preserved data * s. 487.08(3) – Use of bodily substances * s. 487.2 - Contravene restriction on publication (warrant) * s. 490.0312 - Offence (obligation to advise police service, NCR outside of Canada) * s. 517(2) - Failure to comply with order (Order directing matters not to be published for specified period) * s. 539(3) - Failure to comply with order (Order restricting publication of evidence taken at preliminary inquiry) * s. 542(2) - Restriction of publication of reports of preliminary inquiry (fail to comply re confession or admission of accused) * s. 648(2) - Restriction on publication (fail to comply re portion of trial where jury absent) * s. 649 - Disclosure of jury proceedings * s. 672.37(3) - Authorizing application for federal employment requiring applicant to disclose an NCR verdict where applicant discharged absolutely or not subject to disposition * s. 672.501(11) – Failure to comply (Order restricting publication – sexual offences, NCR) * s. 732.11(4) - Prohibition on use of bodily substance (contravene, re probation) * s. 742.31(4) - Prohibition on use of bodily substance (contravene, re conditional sentence) * s. 810.4(4) - Prohibition on use of bodily substance (contravene, re recognizance) **Criminal Code Hybrid Offences Carrying Maximum Penalties of Six Months' Imprisonment When Proceeding By Summary Conviction Prior to Bill C-75 Coming into Force on September 19, 2019** * s. 56.1(4) - Identity Documents * s. 57(2) - False statement in relation to passport * s. 66(2) - Unlawful assembly with concealment of identity * s. 73 - Forcible entry, forcible detainer * s. 83.231(2) – Hoax – terrorist activity * s. 86(3) - Careless use of firearm / Contravention of storage regulations * s. 87(2) - Pointing a firearm * s. 88(2) - Possession of weapon for dangerous purpose * s. 90(2) - Carrying concealed weapon * s. 91(3) - Unauthorized possession of firearm / prohibited weapon or restricted weapon * s. 93(2) - Possession at unauthorized place (firearm / weapon) * s. 94(2) - Unauthorized possession in motor vehicle (firearm / weapon) * s. 101(2) - Transfer without authority (firearm / weapon) * s. 104(2) - Unauthorized importing or exporting (firearm / weapon) * s. 105(2) - Losing or finding without reporting (firearm / weapon) * s. 106(2) – Destroying without reporting (firearm / weapon) * s. 107(2) - Making false statements (in relation to ss. 105-106) * s. 108(2) - Tampering with serial number (firearm / weapon) * s. 117.01(3) - Possession contrary to order / Failure to surrender authorization (firearm / weapon) * s. 121.1(4)(b) – Selling, etc, of tobacco products and raw leaf tobacco * s. 127(1) - Disobeying order of court * s. 129 - Offences relating to public or peace officer * s. 130(2) - Personating peace officer * s. 139(1) - Obstructing justice * s. 140(2) - Public mischief * s. 145(1) -5.1) – Escape and being at large without excuse * s. 160(1)-(2) – Bestiality / Compelling commission of bestiality * s. 162(5) - Voyeurism * s. 162.1(1) - Publication, etc, of an intimate image without consent * s. 169 - Obscene material / Immoral theatrical performance / Mailing obscene matter * s. 173(1)-(2) - Indecent act / Exposure * s. 204(10) - Contravention (regulatory offences related to horse racing / betting) * s. 207(3)(a) – Offence, conduct, management, operation of lottery scheme (permitted lotteries) * s. 207.1(3)(a) – Offence, conduct, management, operation of lottery scheme (permitted lotteries, international cruise ship) * s. 241.31(4)-(5) – Offence, filing information / contravene regulations (medical practitioner / nurse practitioner / pharmacist in relation to medical assistance in dying) * s. 263(3) - Duty to safeguard opening in ice / guard excavation on land * s. 264(3) - Criminal harassment * s. 264.1(3) - Uttering threats * s. 266 - Assault * s. 270(2) - Assaulting a peace officer * s. 273.3(2) - Removal of child from Canada * s. 282(1) - Abduction in contravention of custody order * s. 283(1) - Abduction * s. 319(1)-(2) – Public incitement of hatred / Wilful promotion of hatred * s. 327(1) - Possession of device to obtain use of telecommunication facility or service * s. 334(b) - Punishment for theft (under $5000) * s. 342(1), (3) – Theft, forgery, etc of credit card / Unauthorized use of credit card data * s. 342.01(1) - Instruments for copying credit card data or forging or falsifying credit cards * s. 342.1(1) - Unauthorized use of computer * s. 342.2(1) - Possession of device to obtain unauthorized use of computer system or to commit mischief * s. 347(1) - Criminal interest rate * s. 348(1)(e) – Breaking and entering with intent, committing offence or breaking out (place other than dwelling-house) * s. 349(1) - Being unlawfully in dwelling-house * s. 351(1) - Possession of break-in instrument * s. 353.1(4) - Tampering with VIN * s. 355(b) - Possession of property obtained by crime (under $5000) * s. 355.5(b) - Trafficking in property obtained by crime (under $5000) * s. 356(3) - Theft from mail * s. 362(2)(b) – False pretence or false statement * s. 367 - Punishment for forgery * s. 368(1.1) - Use, trafficking or possession of forged document * s. 368.1 - Forgery instruments * s. 372(4) - False information / Indecent communications / Harassing communications * s. 380(1)(b) – Fraud (less than five thousand dollars) * s. 380.2(4) - Prohibition order (not comply, in relation to fraud) * s. 382.1(2) - Tipping (insider trading) * s. 402.2(5) - Identity theft / Trafficking in identity information * s. 403(3) - Identity fraud * s. 412(1) - Punishment: ss. 407, 408, 409, 410, 411 (Forgery of Trademarks and Trade descriptions) * s. 415(g) - Offences in relation to wreck * s. 417(2) - Unlawful transactions in public stores * s. 420(1) - Military stores * s. 422(1)(g) - Criminal breach of contract * s. 423(1) - Intimidation * s. 425.1(2) – Threats and retaliation against employees * s. 430(3) - Mischief (testamentary instrument / property exceeding $5000) * s. 430(4) - Mischief (other property) * s. 430(4.2) - Mischief in relation to cultural property * s. 430(5) - Mischief in relation to computer data * s. 430(5.1) - Commission or omission of act required by duty if likely to constitute mischief * s. 432(1)-(2) – Unauthorized recording of a movie / Unauthorized recording for purpose of sale, etc * s. 437 - False alarm of fire * s. 446(2) - Causing damage or injury (captive animals conveyed or abandoned) * s. 462.31(2) - Laundering proceeds of crime * s. 462.33(11) – Restraint order (not comply) * s. 463(d) - Attempts, accessories – hybrid offences * s. 487.0552(1) – Failure to comply with order or summons * s. 487.08(4) - Use of bodily substances * s. 490.031(1) – Offence (fail to comply with order, National Defence Act, International Transfer of Offenders Act) * s. 490.0311 – Offence (knowingly provide false information, Sex Offender Information Registration Act) * s. 490.8(9) - Offence (contravene restraint order, offence related property) **Criminal Code Hybrid Offences Carrying Maximum Penalties of Six Months’ Imprisonment When Prosecuted By Summary Conviction Prior to Bill C-46 Coming into Force on December 21, 2018** * s. 320.13(1) - Dangerous operation * s. 320.16(1) - Failure to stop after accident * s. 320.17 - Flight from a peace officer * s. 320.18(1) - Operation while prohibited **Criminal Code Non-Offence Proceedings Prior to Bill C-75 Coming into Force on September 19, 2019** * Including but not limited to: * s. 111 - Application for prohibition order (firearm prohibition hearings) * s. 810 - Sureties to keep the peace (peace bond hearings)

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