Bill 14 Regulation of Paralegals: Paralegal regulation, Bill 14, came into force in Ontario on May 1, 2007
The purpose and effect of this legislation is to vest the Law Society of Upper Canada with the responsibility for regulating the paralegal profession.

New Paralegal Rules of Conduct under the Law Society of Upper Canada (LSUC).

The following is quoted exactly from the OBA web site:

A paralegal is an individual who is not educated, insured or certified as a lawyer, but offers legal advice and services to members of the public. Paralegals are not required to have any legal training and do not have to carry any liability insurance in the event that they make a mistake. Although they lack the training and regulation of lawyers, many paralegals charge fees akin to those of a lawyer to unsuspecting members of the public.

The OBA believes that paralegals can be a useful and effective addition to our justice system, but they need to be properly trained and regulated to protect the public.

Unregulated paralegals that represent clients delay court proceedings because they do not know how the courts work. This sometimes forces judges into a regulatory role - ensuring that agents in court are competent and understand how to represent their clients. Untrained representation in court can also result in huge personal costs such as unnecessary incarceration, deportation, or loss of access to one's children or home.

On September 24, 2000, OBA Council approved a resolution outlining the services that could be provided by paralegals with the appropriate education and regulation:

• uncontested divorces where there has been a recent Court Order or separation agreement drafted by a lawyer which disposes of property, support, custody, and access issues
• provincial offences where there is no risk of imprisonment or the maximum fine is equivalent to the Small Claims Court limit
• few minor criminal matters identified in the Cory report (i.e. vagrancy, defacing coins)
• matters before some provincial administrative tribunals, such as Ontario Board of Parole.

OBA has previously endorsed paralegal services in small claims court, excluding appeals from applications for criminal pardons, applications for change of name, landlord and tenant matters before a tribunal, and process serving.

On January 14, 2006, members of the Professional Paralegal Association of Ontario met and voted unanimously to dissolve that organization. This was inevitable, as it had become apparent to many paralegals that the PPAO no longer represented the values and vision of paralegal professionals in Ontario.

PPAO members should not be left without representation or E&O insurance coverage, once the PPAO dissolves. There is an alternative.

The Paralegal Society of Ontario

Membership in the Paralegal Society of Ontario is growing rapidly because it has consistently articulated the concerns of Ontario paralegals relating to regulation of the profession. In the last several months the PSO has

• Produced and distributed a WhitePaper on Licensing and Self-Governance, a viable alternative to regulation by the Law Society of Upper Canada;
• Secured the services of a professional lobbyist for the next six months;
• Developed a Communications Strategy and Communications Plan;
• Merged with the Paralegal Society of Canada and the Association of Legal Document Agents, bringing these organizations under the PSO umbrella;
• Held two townhall meetings to consulted with members;
• Lobbied diligently on behalf of all paralegals in Ontario;
• Secured an industry standard E&O insurance program for 2006 and beyond;
• Developed a new website, and electronic newsletter to ensure effective two-way communications with our members.

The Paralegal Society of Ontario would like to welcome former members of the PPAO into our dynamic organization. You may apply for membership online at http//paralegalsociety.on.ca/member_subscribe.html

E&O Insurance

The PSO has asked its insurance brokers, Tripemco, to secure an extension of insurance coverage to former PPAO members to the end of the year. I am pleased to advise that former PPAO members who are insured up to Feb. 20, 2006 under the PPAO program can obtain full E&O coverage, pro-rated from Feb. 20, 2006 to the end of the year by using the following link and completing the application. I urge you to act without delay

If you have any questions with respect to your E&O coverage, please contact our broker, Ken Mitchell, directly at 905-333-3076.

I would like to personally invite you to join our dynamic organization and take advantage of all of the benefits of membership. Our profession is at a crossroads. Get involved. Be heard. Make a difference.

Sincerely, Bruce Parsons, President Paralegal Society of Ontario George Carter Paralegal Society of Ontario www.paralegalsociety.on.ca New Paralegal Rules of Conduct under the Law Society of Upper Canada (LSUC).