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By-Law 12

Made:  May 1, 2007
Amended:  June 28, 2007
May 27, 2010
June 2, 2010 (editorial changes)
September 22, 2011
September 22, 2011 (editorial changes)
April 25, 2013
March 4, 2014
October 24, 2019
May 27, 2021
October 1, 2021
 

COMPENSATION FUND

EXERCISE OF POWERS

Exercise of powers, etc.

1.   The holders of the following offices may exercise the powers and perform the duties under subsection 51 (11.1) of the Act:
 
  1.  Executive Director, Professional Regulation.
  2.  Manager and Senior Counsel, Professional Regulation.

COMPENSATION FUND SUBCOMMITTEE

Compensation Fund Subcommittee

2.  The Compensation Fund Subcommittee is established as a subcommittee of the Audit and Finance Committee.

Application of By-Law

3.  (1)  Subject to subsection (2), the following provisions of By-Law 3 [Benchers, Convocation and Committees] apply to the Compensation Fund Subcommittee:
 
  1.  Section 107.
  2.  Sections 109 to 116.

Same

  (2)  In the application of,
 
  (a)  subsections 107 (1) and (2) and sections 109 to 116, each reference to “standing committee” shall be read as a reference to “subcommittee”;
  (b)  subsection 107 (3), the reference to “under this Part” shall be read as a reference to “under By-Law 12 [Compensation Fund]; and
  (c)  sections 112 and 116 and subsections 113 (5) and 115 (1) and (2), each reference to “the committee” shall be read as a reference to “the subcommittee”.

Composition

3.1.  Despite subsections 109 (1) and (2) of By-Law 3 [Benchers, Convocation and Committees], the Compensation Fund Subcommittee  shall consist of five persons appointed by Convocation from the Audit and Finance Committee, of whom,
 
  (a)  two shall be benchers who are licensed to practise law in Ontario as barristers and solicitors;
  (b)  two shall be lay benchers; and
  (c)  one shall be a bencher who is licensed to provide legal services in Ontario.

Quorum

3.2.  (1)  Despite subsection 114 (1) of By-Law 3 [Benchers, Convocation and Committees], three members of the Compensation Fund Subcommittee shall constitute a quorum for the purposes of the transaction of business.

Resolution in writing

  (2)  A resolution in writing signed by at least three members of the Compensation Fund Subcommittee entitled to vote on the resolution at a meeting of the Subcommittee is as valid as if it had been passed at a meeting of the Subcommittee.

Mandate

4.  (1)  The mandate of the Compensation Fund Subcommittee is to make grants from the Compensation Fund.

Grants over $5000 re dishonesty of lawyers

  (1.1)  The Compensation Fund Subcommittee may make grants from the Compensation Fund in amounts over $5000 as a result of the dishonesty of a member, as defined in subsection 51 (13) of the Act, or a person licensed to practise law in Ontario as a barrister and solicitor and the making of such grants is not subject to the approval of the Audit and Finance Committee or Convocation.

Grants over $1500 re dishonesty of paralegals

  (1.2)  The Compensation Fund Subcommittee may make grants from the Compensation Fund in amounts over $1500 as a result of the dishonesty of a person licensed to provide legal services in Ontario and the making of such grants is not subject to the approval of the Audit and Finance Committee or Convocation.

Powers

4.1.  The Compensation Fund Subcommittee may make such arrangements and take such steps as it considers advisable to carry out its responsibilities.

Appointment of Claims Officers

4.2.  (1)  The Compensation Fund Subcommittee may appoint as many persons as it considers necessary as Claims Officers for the purposes of assisting it to decide whether to make a grant from the Compensation Fund.

Approval by Convocation of appointment not required

  (2)  The appointment of a person as a Claims Officer is not subject to the approval of the Audit and Finance Committee or Convocation.

Assistance to be provided by Claims Officer

  (3)  The Compensation Fund Subcommittee may refer to a Claims Officer for consideration any question that is not a question of law alone arising from an application for a grant from the Compensation Fund.

Procedure to be followed by Claims Officer

  (4)  The Compensation Fund Subcommittee shall determine the procedure to be followed by a Claims Officer in the consideration of a question, including requiring a hearing.

Recommendation of Claims Officer

  (5)  A recommendation of a Claims Officer is not binding on the Compensation Fund Subcommittee.

REFEREES

Appointment

5.  (1)  Every employee of the Society who is a licensee and who holds any of the following offices is a referee for the purposes of subsection 51 (10) of the Act:
 
  1.  Manager, Compensation Fund.
  2.  Compensation Fund Counsel.

Grants up to $5000 re dishonesty of lawyers

  (2)  A person who is a referee under subsection (1) may make grants from the Compensation Fund in amounts up to $5000 as a result of the dishonesty of a member, as defined in subsection 51 (13) of the Act, or a person licensed to practise law in Ontario as a barrister and solicitor and the making of such grants is not subject to the approval of Convocation.

Grants up to $1500 re dishonesty of paralegals

  (3)  A person who is a referee under subsection (1) may make grants from the Compensation Fund in amounts up to $1500 as a result of the dishonesty of a person licensed to provide legal services in Ontario and the making of such grants is not subject to the approval of Convocation.
Terms or Concepts Explained