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Mobility of Canadian Lawyers – Frequently Asked Questions

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.

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.

Yes, you must apply to the host law society for an extension before the end of the 100 days.

No check-in is required if you meet the qualifications to practice temporarily without a permit.

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.

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.

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.

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.

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.

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.

Lawyers intending to practice in Manitoba, either on a temporary or permanent basis, through an LLP registered outside of Manitoba need to consider the applicable legislative requirements and their professional obligations, including:

  • The Partnership Act, and in particular s.78, regarding the loss of limited liability protection
  • The Business Names Registration Act, and in particular ss.8.1(2)(c) and s.8.2(3)
  • Law Society Rule 5-112 respecting firm names

First, be aware that the Law Society of Manitoba does not provide legal advice. The information about practising through an extra-provincial LLP is provided as a courtesy and it is a lawyer’s obligation to ensure that they are in compliance with their professional obligations and the relevant legislation.

Second, this issue typically arises where a law firm, being an extra-provincial LLP, is unable to register in Manitoba because it does not have a Manitoba resident partner, being a requirement of the Business Names Registration Act (ss 8.1(2)(c)).

Third, if an extra-provincial LLP carries on business in Manitoba without being registered then it risks losing its limited liability protection (s. 78 of the Partnership Act). In addition, s. 8.2(3) of the Business Names Registration Act makes it an offense for anyone to carry on business in Manitoba as an extra-provincial LLP unless registered in Manitoba as such and the Act sets out a penalty for doing so.

Fourth, if a law firm does not, or can not, register as an extra-provincial LLP then it may carry on the practice of law in Manitoba as a partnership (but not as a limited liability partnership) and the lawyer should not hold themselves out as practising through an LLP. If lawyers in this circumstance holds themselves out as practising through an LLP then that would raise concerns about practising under a firm name that may be misleading and in breach of provincial legislation (Law Society Rule 5-112). If the firm chooses to practice in Manitoba then this may require changes to the firm’s marketing in Manitoba, such as using a disclaimer on letterhead, business cards and advertising, to ensure that the lawyer(s) are meeting their professional obligations and to make it clear that the firm is not registered as an LLP in Manitoba.

Lawyers and their firms will need to determine how best to proceed in such circumstances.

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.