Part 14 – Transitional Provision

14.1  Come Into Effect

14.1.1  Subject to the provisions of this Part, these Regulations came into effect on June 1, 2005.

Matter Continued

14.1.2  Except where otherwise provided, any matter arising under the former Act shall be continued so far as possible under these Regulations.

14.2 Outstanding Applications

14.2.1  Except for articled clerks who commence articles on June 1, 2005, applicants with outstanding applications before the Qualifications and Bar Admission Course Committee at the time these Regulations come into effect shall have their applications transferred to the Credentials Committee for determination and the Credentials Committee must apply the Regulations pursuant to the former Act to such applications.

Change of Status

14.2.2  A person who held practising uninsured status prior to June 1, 2005 will be deemed to be a non-practising member unless the person applies for a change of category of membership.

Option to Have These Regulations Apply

14.2.3  A person may elect to have an application, to which subregulation 14.2.1 would apply, governed by these Regulations.

14.3 PREP Program Transition

14.3.1   In this Regulation,

  • old Bar Admission Course” means the Bar Admission Course as defined by Regulation 3.6.1;
  • PREP Program” means the Practice Readiness Education Program established by CPLED;
  • CPLED” means the Canadian Centre for Professional Legal Education; and
  • foreign transfer” means a person approved under Regulation 6.5.

14.3.2   Beginning on January 1, 2020, any person approved for enrollment as an articled clerk, pursuant to Regulation 3.3, or for Permanent Mobility by a lawyer from Outside Canada, pursuant to Regulation 6.5, will be required to complete the PREP Program, unless otherwise determined by the Executive Director.

14.3.3 The final three sittings of the Bar Examination will be held in January 2020, July 2020 and January 2021 and no further sitting of the Bar Examination will be offered after January 2021.

14.3.4   A person who has been approved as an articled clerk pursuant to Regulation 3.3, prior to January 1, 2020, and who has not successfully completed the old Bar Admission Course will be governed by Regulation 3.6, in particular subregulations 3.6.6 and 3.6.10.

14.3.5   A person who has been approved as a foreign transfer prior to January 1, 2020, and who has been required to complete the old Bar Admission Course but failed to do so, will be governed by Regulation 3.6, in particular subregulations 3.6.6 and 3.6.10.

14.3.6 Despite subregulation 3.6.10, the final opportunity for any person to rewrite the Bar Examination will be in January 2021. 

14.3.7 No person will be permitted to defer the writing of the Bar Examination but may elect to participate in the PREP Program as set out in subregulation 14.3.8.

14.3.8 If a person is unable to successfully complete the Bar Examination in or before January 2021, that person will be permitted to register in the PREP Program without the permission of the Executive Director only if they would have been eligible to write or rewrite the Bar Examination were a further sitting available.

14.3.9  A person who is registered in the PREP Program pursuant to subregulation 14.3.8 will be responsible to pay the required PREP registration fee.

14.3.10 A person referred to in subregulation 14.3.4 or 14.3.5 may elect at any time to participate in the PREP Program provided they meet the requirement of subregulation 3.6.10(c) and pay the required PREP registration fee.

14.3.11 A person referred to in subregulation 14.3.3 or 14.3.4 who does not meet the requirement of subregulation 3.6.10(c) may be registered in the PREP Program at the discretion of the Executive Director.

14.3.12 Beginning on January 1, 2020, a non-practising member, retired member or life member who applies to resume practice pursuant to subregulation 5.6.1 may be required to complete the PREP Program. 

14.3.13 Beginning on January 1, 2020, a person who has resigned from the Society, and who is not a member of another Law Society in Canada or who has been disbarred and has applied to be readmitted pursuant to subregulation 5.10.1 may be required to complete the PREP Program. 

14.13.14 Subregulations 14.3.12 and 14.3.13 replace subregulations 5.6.5(b) and 5.10.6 (b).