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BY-LAW 5

Made:  May 1, 2007
Amended:  June 28, 2007
Revoked and Replaced:  January 24, 2008
Amended: April 24, 2008
June 26, 2008
October 28, 2010
October 25, 2012
November 21, 2016 (editorial changes)
November 27, 2020 (effective January 1, 2021) 

ANNUAL FEE

REQUIREMENT TO PAY

Requirement to pay

1.  Unless exempted from the requirement, a licensee shall pay an annual fee, in an amount determined in accordance with this By-Law (and any taxes that the Society is required to collect from the licensee in respect of the payment of the annual fee), in respect of each year.

COMPENSATION FUND LEVY

Levy for Compensation Fund

2.  The annual fee shall include any amount levied for the Compensation Fund.

AMOUNT

Setting annual fee

3.  (1)  Prior to the beginning of each year, Convocation shall set the annual fee for each class of licensee for that year.

One hundred percent annual fee

  (2)  Subject to subsections (3) to (5), a licensee shall pay the full amount of the annual fee.

Fifty percent annual fee

  (3)  A licensee who does not practise law or provide legal services, including a licensee employed in education, in government or in a corporation in a position where they are not required to practise law or provide legal services, shall pay fifty percent of the annual fee.

Twenty-five percent annual fee

  (4)  The following licensees shall pay twenty-five percent of the annual fee:
 
  1.  A licensee who does not engage in any remunerative work and does not practise law or provide legal services.
  2.  A licensee who is in full-time attendance at a university, college or designated educational institution within the meaning of the Income Tax Act (Canada) and does not practise law or provide legal services.
  3.  A licensee who is on a pregnancy or parental leave and does not practise law or provide legal services.

Over sixty-five (retired) annual fee

  (5) A licensee who is over sixty-five years of age, does not practise law or provide legal services and applies to, and is approved by, the Society for payment of the annual fee pursuant to this subsection, shall pay ten percent of the annual fee.

EXEMPTION FROM CHANGE IN STATUS

Exemption from change in status: practising law on pro bono basis

4.  A licensee who is required to pay less than the full amount of an annual fee shall not become required to pay the full amount of an annual fee even though he or she practises law if the following conditions are met:
  1.  The licensee’s practice of law is restricted to practising law on a pro bono basis through a program registered with Pro Bono Ontario.
  2.  Prior to practising law, the licensee applies to the Society to be exempt from the requirement to pay the full amount of the annual fee.

EXEMPTION FROM REQUIREMENT TO PAY ANNUAL FEE

Exemption from payment of annual fee: incapacity

5.  (1)  A licensee who is incapacitated within the meaning of the Act and applies to, and is approved by, the Society for an exemption pursuant to this section, is exempted from payment of the annual fee.

Exemption from payment of annual fee: practising law for fifty years

  (2)  A licensee who, before January 1, 2021, was exempted from payment of the annual fee under subsection 5 (6) of By-Law 5, as it reads immediately before January 1, 2021, is exempted from payment of the annual fee.

Expiration of exemptions previously obtained

  (3)  An exemption from a requirement to pay an annual fee available to a licensee under subsection 4 (1) or (1.1) of By-Law 5, as it reads immediately before January 1, 2021, continues to apply with respect to a requirement to pay an annual fee in existence prior to January 1, 2021 but ceases to apply with respect to a requirement to pay an annual fee that comes into existence beginning or after January 1, 2021.

SUMMARY SUSPENSION FOR NON-PAYMENT

Period of default

6.  (1)  For the purposes of subsection 46 (1) of the Act, subject to subsection (2), a licensee is in default of the requirement mentioned in section 1 if the requirement is not met by March 31 of the year to which it relates.

Same

  (2)  For the purposes of subsection 46 (1) of the Act, a licensee who is issued a licence after March 31, a licensee whose licence is restored under section 31 of the Act after March 31 or a licensee who is required after March 31 to pay an amount greater than the amount required to be paid prior to March 31 is in default of the requirement mentioned in section 1 if the requirement is not met by the end of the first month following the month in which the licensee is issued a licence, the licensee’s licence is restored or the licensee is required to pay the greater amount, respectively.

Reinstatement of licence

  (3)  If a licensee’s licence has been suspended under subsection 46 (1) of the Act for failure to pay an annual fee in a given year, for the purposes of subsection 46 (3) of the Act, the licensee shall pay an amount equal to the amount of the annual fee which the licensee is required to pay in respect of that year and a reinstatement fee.

LATE PAYMENT FEE

Late payment fee: reinstatement of licence

  7.  If, prior to January 1, 2021, a licensee’s licence was suspended under subsection 46 (1) of the Act for failure to pay a late payment fee required to be paid under the version of this By-Law then in force, for the purposes of subsection 46 (3) of the Act, the licensee shall pay an amount equal to the late payment fee that the licensee failed to pay.
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