Authority to act as agent or provide advice
40(1) A person who is not otherwise authorized to practise law in Manitoba may act as an agent on behalf of, or provide legal advice to, another person with respect to an offence under The Highway Traffic Act or The Drivers and Vehicles Act in the Provincial Court if
(a) the penalty for the offence on summary conviction does not include imprisonment, other than in default of payment of a fine;
(b) no report of bodily injury is made under subsection 155(4) of The Highway Traffic Act in respect of the event giving rise to the offence; and
(c) the person meets the requirements concerning insurance and bonding prescribed in the regulations.
40(2) A person may not act as an agent or legal adviser under this section if he or she
(a) as a result of disciplinary proceedings by the governing body of the legal profession in any Canadian jurisdiction, is not entitled to practise law in that jurisdiction; or
(b) has been convicted of an indictable offence under the Criminal Code and has not been granted a pardon with respect to that offence.
40(3) A justice may bar a person from appearing as an agent under this section if he or she finds that the person
(a) is not competent to properly represent or to advise another person; or
(b) does not understand or comply with the duties and responsibilities of an agent.
41 A communication between
(a) a person acting as an agent on behalf of another person and that other person; or
(b) a person providing legal advice to another person and that other person;
with respect to an offence referred to in subsection 40(1) is privileged in the same manner and to the same extent as a communication between a lawyer and his or her client.
42 The Lieutenant Governor in Council may make regulations for the purpose of this Part
(a) establishing bonding and insurance requirements;
(b) governing how money paid on account of fees and disbursements are to be held;
(c) establishing procedures for the review of fees and disbursements.
The Law Society of Manitoba
200 – 260 St. Mary Ave.
Winnipeg, Manitoba, R3C 0M6