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Mobility of lawyers in Canada is governed by two agreements: the National Mobility Agreement (NMA) and the Territorial Mobility Agreement (TMA). The NMA facilitates temporary and permanent mobility of lawyers between all jurisdictions other than the three northern law societies and the Chambre des notaries du Quebec. The TMA governs permanent mobility to the three northern jurisdictions.
Due to the unique nature of the notarial profession in Quebec, the Chambre des notaires is not a signatory to, and is not covered by either agreement.
Implementation of the NMA began in seven of the original eight signatory jurisdictions (British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia and Newfoundland) in 2002. By late 2006 the NMA had been signed by and fully implemented in all common law jurisdictions other than the three territories. The fact that Quebec is a civil law jurisdiction necessitated a different approach to mobility to and from that province. With the introduction in June 2008 of a special Canadian Legal Advisor category of membership for members from other Canadian jurisdictions, the NMA has now been implemented by the Barreau du Quebec. This new category of membership permits members of law societies in all other jurisdictions in Canada to become members of the Barreau, licensed to practise the law of their home jurisdiction, federal law and public international law. Work is underway to establish reciprocal arrangements for Quebec lawyers in the common law jurisdictions.
The NMA is a voluntary and reciprocal agreement. No jurisdiction is required to become a signatory, but only those lawyers who are entitled to practise in signatory jurisdictions that have enacted rules or by-laws to implement the NMA may take advantage of its provisions.
The NMA does not create rights. It provides the framework that each signatory used to create its own rules of implementation.
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
The Federation is pleased to announce that as of November 3, 2006 the Northwest Territories, Nunavut and Yukon and the 10 provinces have signed a Territorial Mobility Agreement (TMA). Pursuant to the TMA 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.
The signatories agree that this arrangement may subsist for a period of up to five years. This period will allow the territorial law societies to evaluate their ability to become full signatories to the NMA. On January 1, 2012 this Agreement will expire and the signatories will be under no further obligation and have no further rights under this Agreement.
The TMA does not create rights. It provides the framework that each signatory will use to create its own rules of implementation.
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 lsy@yknet.ca.
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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