1. What are the agreements that affect the mobility of Canadian lawyers?
There are three agreements in place:
- The National Mobility Agreement
- Territorial Mobility Agreement
- Quebec Mobility Agreement and Addendum
For more information visit the Federation of Law Societies of Canada.
2. What are the limitations on the ability to practice temporarily in another jurisdiction?
You may practise law on a temporary basis for not more than 100 days in a calendar year. Day includes any part of a day. You need to keep a record of the days on which you practise law in the other jurisdiction or with respect to the law of the host jurisdiction because the host jurisdiction may ask you to provide proof of your compliance.
3. Is it possible to extend the 100 days?
Yes, you must apply to the host law society for an extension before the end of the 100 days.
4. If I don’t require a permit, do I need to check in with the host law society?
No check-in is required if you meet the qualifications to practice temporarily without a permit.
5. What does practising law in another jurisdiction mean?
You will be practising law in the host jurisdiction if:
- You provide professional legal services with respect to or relying on the laws of the host jurisdiction or the laws of Canada that are applicable to the host jurisdiction; or
- You give legal advice with respect to the laws of the host jurisdiction or the laws of Canada applicable to the host jurisdiction from any location, including your home jurisdiction.
The temporary mobility rules apply to you if:
- You are employed with the Government of Canada and provide legal services or legal advice with respect to the laws of Canada applicable to a host jurisdiction.
- You practise law for a single employer (corporate counsel) and provide legal services or legal advice for that employer with respect to the laws of a host jurisdiction.
You will not be practising law in the host jurisdiction if you are performing legal services or legal advice solely on the law of your home jurisdiction.
6. What happens if I establish an economic nexus with a host jurisdiction?
You will no longer be eligible to practise law on a temporary basis in the host jurisdiction and must cease doing so immediately. You may, however, apply to become a member of that Law Society and apply for a permit extending the number of days in which you can practise on a temporary basis pending the approval of your transfer application.
7. Can I receive trust funds when practising temporarily in another jurisdiction?
If you receive trust funds related to your temporary practice in another jurisdiction, you must:
- Deposit the funds into your trust account in your home jurisdiction; or
- Deposit the funds into a trust account that is operated and controlled by a practising lawyer in the host jurisdiction if that lawyer is permitted to receive those funds under the host jurisdiction’s rules.
8. Are there restrictions on advertising when practising on a temporary basis?
All advertising, letterhead, business cards or other marketing must clearly indicate that you are practising law in the host jurisdiction on a temporary basis and that you are licenced to practice in another jurisdiction.
9. What governs my conduct?
The Legal profession Act, Rules and Code of Professional Conduct in the host jurisdiction will govern your conduct.
If a complaint is made regarding your conduct or competence, usually your home jurisdiction will deal with the matter, in consultation with and with the co-operation of the host jurisdiction.
10. What if I practise through a law corporation or limited liability partnership?
If you practise through a law corporation or LLP, you will need to determine whether your form of practice is portable to another jurisdiction. In some cases, you may have to practise outside of your law corporation or LLP for the purposes of practising in the host jurisdiction.
11. What else should I consider?
You will want to review the legislation and rules in a host jurisdiction relating to matters such as:
- the commissioning of affidavits and the witnessing of documents as a Notary Public
- whether you can be a solicitor of record
- whether you can get after hours access to the Courthouse libraries.