Temporary Practice in Manitoba
Most Canadian law societies, including Manitoba, now recognize the credentials of Canadian lawyers wherever they were admitted to practise in Canada.
No Permit Required
If you are a practising lawyer in any common law province in Canada, you may practise in Manitoba for up to 100 days a year, without a permit from the Law Society of Manitoba if, at all times:
- You are a practising lawyer in your home jurisdiction
- You carry liability insurance that:
- is reasonably comparable in coverage and limits to that in Manitoba
- extends to your temporary practice in Manitoba
- you have defalcation compensation coverage that extends to your temporary practice in Manitoba
- you are not subject to conditions or restrictions on your practice or membership in any jurisdiction
- you are not the subject or criminal or disciplinary proceedings in any jurisdiction
- you have no disciplinary record in any jurisdiction
- you have not established an economic nexus in Manitoba.
An economic nexus will be established if you:
- provide legal services beyond 100 days
- open an office in Manitoba from which you offer or provide legal services
- become a resident in Manitoba
- open or operate a trust account in Manitoba
- hold yourself out as willing or qualified to practise law in Manitoba, except as a visiting lawyer
- conduct yourself in a manner that is inconsistent with providing legal services on a temporary basis.
You will need to apply for a permit to practise law temporarily in Manitoba if:
- you are a practising lawyer in Quebec, Nunavut, Northwest Territories or Yukon
- you do not meet the requirements to practise law temporarily without a permit
- you intend to practise beyond 100 days in a calendar year
- you wish to practise in Manitoba pending consideration of a transfer application.
No application fee is required unless your home jurisdiction charges such a fee, in which case the fee will be in the same amount that is charged by your home jurisdiction.
The Chief Executive Officer may issue a permit, subject to any conditions and restrictions considered to be appropriate, if it is consistent with the public interest to issue a permit.
Permanent Transfer to Manitoba
If you are a practising lawyer in any common law province or territory in Canada, you may be called to the Bar and admitted as a solicitor in Manitoba if:
- You confirm that you have read the following Manitoba materials:
- Manitoba resource materials
- The Legal Profession Act
- Law Society Rules
- Code of Professional Conduct
- Practice Directions
- At least 30 days prior to your anticipated start date, you submit:
- Application for Admission on Transfer
- Application fee
- Certificate of good standing from every jurisdiction in which you have had membership, dated not more than 30 days prior to your application date
- Proof of insurance or insurance exemption
- Three letters of reference attesting to your good moral character and repute [See Good Character Guidelines – LINK]
- Satisfy such additional requirements as you may be advised.
- Once you are approved to be admitted, you submit an Application for Call and Admission [LINK].
- You remit the call fee.
- You submit an Application to Commence Active Practice.
- You remit your annual practising fee and liability insurance contribution.(For the exact amount, contact Colleen Malone, CFO, at 204-926-2022 or firstname.lastname@example.org)
- You attend the call to the Bar ceremony that is set by the Law Society.
If you wish to practise law in Manitoba while your application and call to the Bar are pending, you will need to apply for a permit to practise temporarily if you are a practising lawyer in a common law province.
If you are a practising lawyer in Yukon, Northwest Territories or Nunavut, you are not permitted to practise temporarily prior to your call to the bar due to the absence of coverage for misappropriation or conversion.
Canadian Legal Advisor
You may apply to practise in Manitoba as a Canadian Legal Advisor if you:
- Are a member in good standing of the Barreau du Quebec
- Are authorized to practise in Quebec
- Maintain full, mandatory professional liability insurance coverage that extends to your practise in Manitoba
- Have earned a Bachelor degree in civil law in Canada or a foreign degree and certificate of equivalency from the Barreau du Quebec; and
- Your legal practice is restricted to:
- Giving legal advice on the law of Quebec and matters involving the law of Quebec
- Matters under federal jurisdiction
- Matters involving public international law.