Marginal note:Periods not counted as physical presence
21. Despite anything in this Act, no period may be counted as a period of physical presence for the purpose of this Act during which a person has been, under any enactment in force in Canada,
(a) under a probation order;
(b) a paroled inmate; or
(c) confined in or been an inmate of any penitentiary, jail, reformatory or prison.
- R.S., 1985, c. C-29, s. 21;
- 2014, c. 22, s. 17.
Marginal note:Representation or advice for consideration
21.1 (1) Every person commits an offence who knowingly, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act.
Marginal note:Persons who may represent or advise
(2) Subsection (1) does not apply to
(a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;
(b) any other member in good standing of a law society of a province; or
(c) a member in good standing of a body designated under subsection (5).
(3) Subsection (1) does not apply to a student-at-law who offers or provides representation or advice to a person if the student-at-law is acting under the supervision of a person described in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with a proceeding or application under this Act.
Marginal note:Agreement or arrangement with Her Majesty
(4) Subsection (1) does not apply to an entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with an application under this Act if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.
Marginal note:Designation by Minister
(5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act.
Marginal note:Regulations — required information
(6) The Governor in Council may make regulations requiring the designated body to provide the Minister with any information set out in the regulations, including information relating to its governance and information to assist the Minister to evaluate whether the designated body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice.
Marginal note:Regulations — transitional measures
(7) The Minister may, by regulation, provide for measures respecting any transitional issues raised by the exercise of his or her power under subsection (5), including measures
(a) making any person or member of a class of persons a member for a specified period of a body that is designated under that subsection; and
(b) providing that members or classes of members of a body that has ceased to be a designated body under that subsection continue for a specified period to be authorized to represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act without contravening subsection (1).
Marginal note:Persons made members of body
(8) For greater certainty, nothing in the measures described in paragraph (7)(a) exempts a person made a member of a body under the measures from the body’s disciplinary rules concerning suspension or revocation of membership for providing — or offering to provide — representation or advice that is not professional or is not ethical.
Meaning of “proceeding”
(9) For greater certainty, in this section “proceeding” does not include a proceeding before a superior court.
- 2014, c. 22, s. 18.
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