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.
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.
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.
