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Lawyers called to the Bar in one province who want to practise in another province in Canada can now generally do so with ease. Thanks to a series of agreements among the provincial law societies, the process for lawyers who want to work in other provinces has become much more streamlined than it used to be.
The mobility of lawyers in Canada is now governed by three agreements:
- The National Mobility Agreement (NMA)
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- The Territorial Mobility Agreement (TMA) , and
- The Quebec Mobility Agreement (QMA)
With the adoption of these three agreements, there are now avenues available for lawyers to work permanently in all provinces and territories, and temporarily in all provinces.
The National Mobility Agreement facilitates temporary and permanent mobility of lawyers between all jurisdictions, except the three northern law societies, and the Chambre des notaires du Quebec.
It is the Territorial Mobility Agreement that governs permanent mobility to the three northern jurisdictions; the Yukon, the Northwest Territories and Nunavut.
The fact that Quebec is a civil law jurisdiction necessitated a different approach to mobility to and from that province. In June 2008, the Barreau du Quebec introduced a new membership category to permit lawyers from other Canadian jurisdictions to work in Quebec. As Canadian Legal Advisors, lawyers from the common law jurisdictions may become members of the Barreau with the right to practise federal law, the law of their home jurisdiction and public international law.
In March 2010, representatives of all of the Canadian common-law jurisdictions and the Barreau du Quebec signed the Quebec Mobility Agreement. The QMA recognizes the Canadian Legal Advisor regime in Quebec and paves the way for implementation of reciprocal mobility for members of the Barreau in all other provinces and the territories.
Lawyers interested in exercising temporary or permanent mobility as detailed in the three mobility agreements should communicate with the law society of the province or territory for complete information. The contact information for the law societies is available here.
Temporary Mobility
Pursuant to the NMA lawyers who
- are entitled to practise in a signatory jurisdiction that has implemented the Agreement,
- have liability insurance and defalcation coverage, and
- have no outstanding criminal or disciplinary proceedings, no discipline record, and no restrictions or limitations on the right to practise may provide legal services in or with respect to the law of a reciprocating jurisdiction for up to 100 days in a calendar year, without a permit. They do not have to advise the host law society that they are providing legal services on a temporary basis in or with respect to the law of that jurisdiction. Lawyers who are not eligible for mobility without a permit may apply for a permit.
If a lawyer establishes an "economic nexus" with a jurisdiction he or she becomes ineligible for temporary mobility, but may apply to transfer to the jurisdiction (Permanent Mobility).
An economic nexus is established when the lawyer does anything inconsistent with temporary mobility including,
- Providing legal services for more than 100 days
- Opening an office from which to serve the public
- Opening and operating a trust account
- Becoming a resident in the jurisdiction
Permanent Mobility
Lawyers entitled to practise in a signatory jurisdiction that has implemented the National Mobility Agreement and who are of good character may transfer permanently to another reciprocating jurisdiction without having to write transfer examinations or other examination. They must still meet any qualifications that ordinarily apply for lawyers to be entitled to practise law in the jurisdiction in question. They must also certify that they have reviewed and understood reading materials required by the jurisdiction.
Lawyers may be members of multiple jurisdictions.
Lawyers who are interested in exercising temporary or permanent mobility pursuant to the NMA should communicate with law societies in the province in which they wish to exercise mobility for complete information:
Law Society of British Columbia
For information please contact memberinfo@lsbc.org / 604-605-5311.
Law Society of Alberta
For information please contact Membership@lawsociety.ab.ca or telephone (403) 229-4781.
Law Society of Saskatchewan
For information please contact Kirsten Logan, QC, at klogan@lawsociety.sk.ca
Law Society of Manitoba
For information please contact with Marilyn Billinkoff at mbillinkoff@lawsociety.mb.ca
Law Society of Upper Canada
For information, please contact the Administrative Compliance Processes department (416) 947-3315 or toll free at 1-800-668-7380 ext. 3315 or e-mail at lsforms@lsuc.on.ca
Nova Scotia Barristers' Society
For information please contact Gary Toop, Administrator of Admissions at (902) 422-1491 or gtoop@nsbs.org
Law Society of New Brunswick
For information please contact James J. Walde at (506) 458-8540 or at jwalde@lawsociety-barreau.nb.ca
Law Society of Prince Edward Island
For information please contact Susan Robinson, Secretary-Treasurer at (902) 566-1666 or at srobinson@lspei.pe.ca
Law Society of Newfoundland and Labrador
For information please contact Mr. Francis O'Brien, Director of Legal Education at francis.obrien@lawsociety.nf.ca
Territorial Mobility Agreement
Pursuant to the Territorial Mobility Agreement, the territorial law societies will participate in national mobility as reciprocating governing bodies with respect to the permanent (transfer) mobility provisions of the NMA. The territories will not participate in the temporary mobility provisions of the NMA.
Lawyers who are interested in exercising permanent mobility pursuant to the TMA should communicate with law societies in the province or territory in which they wish to exercise mobility for complete information. For provincial law societies see the links set out under the National Mobility Agreement section above. For the territories contact:
Law Society of Yukon
For information please contact Lynn Daffe, Executive Director at 867-668-4231 or info@lawsocietyyukon.com.
Law Society of the Northwest Territories
For information please contact Linda Whitford, Executive Director, Law Society of the NWT at 867-873-3828 (tel),867-873-6344 (fax) or Linda.whitford@lawsociety.nt.ca
Law Society of Nunavut
For information contact the Executive Director at 867-979-2330 (tel) 867-979-2333 (fax) Email: lawsociety@qiniq.com
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