The Legal Profession Act – Part 5 – Representation in Highway Traffic Matters
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.
Justice may bar agent
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.