Mobility agreements signed by many law firms (including the Law Society of Ontario) make it easier for mutual jurisdiction lawyers to provide professional services in other jurisdictions (for an overview, see the table of mobility exemptions). The provisions relating to temporary mobility in the NMA are not recognised by the three territories. A lawyer who intends to provide services in another provincial province under the new mobility rules must record the number of business days during which he or she provides legal services in that province and be prepared to demonstrate compliance. For this purpose, a working day includes a partial day, a public holiday and a weekend day. If you are not eligible for mobility without prior authorization, you must apply for permission to practise law in Ontario from time to time in accordance with the by-laws. If the authorization is granted, the Société may impose such conditions as it deems appropriate. There is currently no fee for such a request. As a result of this agreement, territorial legal societies now participate as mutual management bodies in national mobility with regard to the NMA provisions on permanent mobility. (b) a new exemption for lawyers who have been seised in more than one mutual jurisdiction in order to ensure that their activities are covered in those jurisdictions, while being paid for insurance cover by a single company on the basis of mutual legislation. Ontario lawyers who are also called to the bar in other mutual jurisdictions can usually apply for an exemption in the mutual jurisdictions in which they are called and not resident. There are significant restrictions on who can apply for a transfer under the new rules. For example, the plaintiff lawyer must currently have the right to work as a lawyer in the home jurisdiction. For complete on-application requirements and admission by transfer, lawyers should review the law society rules in the jurisdiction in which they apply (in British Columbia, see rules 2-49 to 2-49.2).
A visiting lawyer may not open an escrow account or manage escrow funds in the host province and will not be deemed qualified or willing to practise in the province except occasionally in accordance with mobility rules. All trust funds involved in the visiting lawyer`s legal practice must therefore be settled by another lawyer who is a member of the local law firm or, alternatively, through the visiting lawyer`s escrow account in the home jurisdiction (Rule 2-16(1)(a)). The main provisions on mobility are contained in sections 9 and VII of Statute 4. In Ontario, some courts and correctional facilities require lawyers to prove that they are members of the Law Society of Ontario. They may not accept proof that you are a member of another legal entity. If you are concerned that you may not have access to one of these institutions, you may contact the Law Society of Ontario to obtain a letter confirming that you have the right to practise law in Ontario from time to time. However, there is no guarantee that the institutions concerned will accept this authorisation, as they are subject to their own rules, which may not yet have provisions on mobility. Regulation 6 (Professional Liability Insurance) also contains provisions on mobility.
The National Mobility Agreement and the Territorial Mobility Agreement are both reciprocal agreements. In other words, in order for a lawyer to benefit from the terms of the agreement, the lawyer`s home law firm and the law firm of the jurisdiction to which the lawyer wishes to move must have signed and implemented the agreement. The mobility rules only apply to lawyers who are “entitled to practise law” in a jurisdiction that has signed and implemented the National Mobility Convention or the Territorial Mobility Agreement. The jurisdictions are as follows: The law societies of the three territories (Northwest Territories, Yukon Territory and Nunavut) have decided not to sign the National Mobility Agreement because they are concerned that it will have a negative economic impact on their local bar association. The Barreau du Québec intends to join the program, but has not yet done so, and the Chambre des notaires du Québec continues to work with participating provinces to establish special provisions for temporary mobility that are consistent with the unique role of notaries within Quebec`s civil justice system. Interprovincial mobility is the term used to describe how permanent mobility requirements in Ontario are based on the “transfer” rules approved over the years and the provisions of the National Mobility Agreement, the 2013 National Mobility Agreement and the Territorial Mobility Agreement mentioned above. In 2013, law firms agreed on the new 2013 National Mobility Agreement, which will expand mobility provisions to allow Canadian lawyers to move easily from one Quebec to another of the common law, whether they have a background in Canadian common law or civil law. The agreement will only come into force after it has been implemented by each legal entity and will replace the existing National Mobility Agreement, the Québec Mobility Agreement and the Addendum to the Québec Mobility Agreement. Provincial provinces under the National Mobility Accord now cooperate through a national registry of practising lawyers (Rule 2-17.1). The purpose of the registry is to enable each bar to respond to basic requests for information on visits from lawyers from other provinces.
For example, if a lawyer in British Columbia or a member of the public inquires about a guest lawyer in Alberta, the Law Society of British Columbia may consult the database to confirm the name, practice address, date of appeal and insurance status of the Alberta lawyer. For more information about the lawyer, the person making the request should contact the Law Society of Alberta directly. The Northwest Territories, Yukon and Nunavut have implemented the Territorial Mobility Agreement only with respect to permanent mobility. Although Quebec has not yet implemented the National Mobility Agreement in 2013, in April 2021, the Law Society of Ontario approved amendments based on this agreement that allow certain Quebec lawyers to practice in Ontario and be admitted under the same conditions as lawyers from other Canadian provinces. The National Mobility Agreement is a reciprocal agreement. In other words, both a court in which the lawyer is a member admitted/entitled to exercise the right and the jurisdiction in which the lawyer wishes to exercise temporary or permanent mobility must have signed and/or implemented the agreement. Otherwise, the lawyer is subject to the same mobility requirements as in unsigned and non-reciprocal jurisdictions. While the mobility rules are essentially the same in all mutual provinces, a B.C. lawyer should read and be familiar with the specific rules of each province where they wish to practice. The National Mobility Agreement is the model for the mobility scheme. The current agreement facilitates the temporary and permanent mobility of lawyers between all common law provinces in Canada.
Under the terms of the agreement, lawyers in the common law provinces can practice for up to 100 days per year in any other common law province and move easily from one common law province to another. Lawyers who temporarily work in another province are subject to the provisions of the applicable legislation, the rules of the law firm and the Ethics Manual (or Code of Ethics) of that province, as the case may be. The local bar association can review complaints or take disciplinary action against a visiting lawyer, and it is up to the house and hotel companies to determine who takes responsibility. Regulation 4 regulates permanent mobility or transfer to the Ontario Bar Association and allows lawyers admitted to practice law in other Canadian jurisdictions to be licensed to practice law in Ontario. If you are licensed/licensed to practise law in a province or territory of Canada outside of Ontario and the law firm has signed and/or implemented the National Mobility Agreement or The Territorial Mobility Agreement in a province or territory where you have the right/right to practise law, Section 9 (1.1) and/or (2) of Law 4 may apply to you. Subsection 9 (1.1) exempts Quebec lawyers who are licensed and licensed to practise law in Quebec from the requirement to hold a common law degree or a certificate of qualification from the National Accreditation Committee in order to be licensed in Ontario. Subsection 9(2) exempts lawyers who are licensed to practise as lawyers in a province or territory of Canada outside of Ontario from taking the Ontario licence examinations in order to be admitted to Ontario. The above provisions relating to mobility do not apply to Québec lawyers who have qualified to become members of the Barreau du Québec within the agreement between Québec and France on the mutual recognition of professional qualifications. .