Part 6 – Lawyers From Other Jurisdictions

6.1 Interpretation

6.1.1  In this part:

  1. “Barreau” means the Barreau du Québec;
  2. “Chambre” means the Chambre des notaires du Québec;
  3. “Committee” means the Credentials Committee;
  4. “day” means any calendar day or part of a calendar day in which a lawyer provides legal services;
  5. “discipline” is defined in subregulation 1.1.1(i);
  6. “disciplinary records” is defined in subregulation 1.1.1(j);
  7. “entitled to practise law” means allowed, under all of the legislation and regulation of a home jurisdiction, to engage in the practice of law in the home jurisdiction;
  8. “governing body” is a Canadian law society;
  9. “liability insurance” means compulsory professional liability errors and omissions insurance required by a governing body;
  10. “mobility permit” means a permit issued by a host governing body on application to a lawyer allowing the lawyer to provide legal services in the host jurisdiction on a temporary basis;
  11. “National Mobility Agreement” means the 2013 National Mobility Agreement of the Federation of Law Societies of Canada, as amended from time to time;
  12. “notary” means a member of the Chambre des notaires du Québec;
  13. “practice of law” is defined in section 2(ac) of the Act;
  14. “providing legal services” means engaging in the practice of law physically in a Canadian jurisdiction or with respect to the law of a Canadian jurisdiction;
  15. “reciprocating governing body”
    1. means a governing body that has signed the National Mobility Agreement, and adopted regulatory provisions giving effect to the requirements of the National Mobility Agreement, and
    2. includes a governing body that has signed the Territorial Mobility Agreement and adopted regulatory provisions giving effect to the requirements of the Territorial Mobility Agreement;
  16. “resident” has the meaning respecting a province or territory that it has with respect to Canada in the Income Tax Act (Canada);
  17. “Territorial Mobility Agreement” means the 2013 Territorial Mobility Agreement of the Federation of Law Societies of Canada, as amended from time to time;
  18. “visiting lawyer” means a lawyer who is licensed to practice law by a governing body other than the Chambre des notaires du Québec.

6.2 Temporary Mobility by a Member of another Canadian Jurisdiction

Mobility without Permit

6.2.1  A visiting lawyer is permitted to provide legal services in the Province or with respect to the law of the Province on a temporary basis, without a mobility permit or notice to the Society, for a total of not more than 100 calendar days in a calendar year, providing the visiting lawyer

  • meets the criteria in subregulation 6.2.5; and
  • has not established an economic nexus with the Province as described in subregulation 6.2.14.

6.2.2  A visiting lawyer:

  • is bound by the applicable provisions of the Act, these Regulations, the professional standards, and the Code of Professional Conduct;
  • must record and verify the number of days in which he or she provides legal services in the Province; and
  • must provide evidence of compliance with these Regulations to the Executive Director within 20 days of request for same or such longer period as the Executive Director may, in writing, allow.

6.2.3  If the visiting lawyer fails or refuses to comply with the Executive Director’s request under subregulation 6.2.2 (c):

  • the visiting lawyer is prohibited from carrying on the practice of law in the Province; and
  • the Executive Director may advise the visiting lawyer’s home jurisdiction of any facts relevant to such refusal or failure.

6.2.4  A visiting lawyer who is subject to a prohibition under subregulation 6.2.3(a) may apply to the Executive Director for restoration of any or all rights lost under that subregulation and the Executive Director may grant the application subject to any conditions.

6.2.5  To qualify to provide legal services on a temporary basis without a mobility permit or notice to the Society, a visiting lawyer must:

  1. be entitled to practice law in another jurisdiction in Canada;
  2. carry liability insurance that
    1. is reasonably comparable in coverage and amount to that required of lawyers of the host jurisdiction, and
    2. extends to the lawyer’s practice in the Province, unless the lawyer is exempt under subregulation 4.1.8;
  3. have defalcation compensation coverage from a Canadian governing body that extends to the lawyer’s practice in the Province;
  4. not be subject to conditions or restrictions on the lawyer’s practice or membership in the governing body in any jurisdiction;
  5. not be the subject of criminal or disciplinary proceedings in any jurisdiction; and
  6. have no disciplinary record in any jurisdiction.

6.2.6  For the purposes of subregulation 6.2.1, a visiting lawyer practising law of federal jurisdiction in the Province is providing legal services in the Province.

6.2.7  Despite subregulation 6.6.6, when appearing before the following tribunals a visiting lawyer will not be providing legal services in the Province:

  • the Supreme Court of Canada;
  • the Federal Court of Canada;
  • the Tax Court of Canada;
  • Federal administrative tribunals;
  • Service Tribunals under the National Defence Act; and
  • Court Martial Appeal Court of Canada.

6.2.8  A visiting lawyer is permitted to accept funds in trust, provided the funds are deposited to a trust account:

  • in the lawyer’s home jurisdiction; or
  • operated in the Province by a practising lawyer.

Member of the Canadian Forces

6.2.9  A member of the Canadian Forces who is entitled to practice law in another jurisdiction:

  • may carry on the practice of law on behalf of the Office of the Judge Advocate General; and
  • does not establish an economic nexus with the Province provided the practice of law is carried on exclusively for or on behalf of the Office of the Judge Advocate General.

Mobility Permit Required

6.2.10  If a visiting lawyer does not meet the criteria in subregulation 6.2.5, the Executive Director may, where it is in the public interest to do so, issue a mobility permit to the lawyer on written application:

  • for a total of not more than 100 days in a calendar year, or such longer period as set by the Executive Director; and
  • subject to any conditions and restrictions that the Executive Director considers appropriate.

6.2.11  The permit issued by the Executive Director under subregulation 6.2.10:

  • is effective for one (1) year from the date it is issued;
  • ceases to be valid if the visiting lawyer
  • is not entitled to practice law in a home jurisdiction,
  • fails to maintain liability insurance as required,
  • is suspended or disbarred in any jurisdiction.

6.2.12  A lawyer governed by this Regulation, who is an employee of the Crown in right of Canada or a department as defined by the Financial Administration Act (Canada), may practice temporarily in the Province for the Crown in right of Canada or a department as defined by the Financial Administration Act (Canada).

Temporary Mobility not allowed

6.2.13  In this Regulation, an economic nexus is established by actions inconsistent with temporary mobility to the Province, including but not limited to:

  • providing legal services beyond 100 days, or any longer period allowed under subregulation 6.2.10(a);
  • opening an office from which legal services are offered or provided to the public;
  • becoming resident in the Province;
  • opening or operating a trust account, or accepting trust funds, except as permitted under subregulation 6.2.7.

6.2.14  a visiting lawyer who has established an economic nexus with the Province is not permitted to provide legal services on a temporary basis under this Regulation and must cease providing legal services in the Province immediately.

6.2.15  A visiting lawyer who is subject to subregulation 6.2.14 may:

  • apply for and obtain membership in the Society; or
  • apply for and obtain a mobility permit under subregulation 6.2.10.

6.3 Permanent Mobility of Lawyers from within Canada

6.3.1  A lawyer from another reciprocating governing body, except the Chambre, may apply to be a practising lawyer in the Province.

Eligibility

6.3.2  In order to be eligible to become a practising lawyer in the Province, an applicant must be:

  • entitled to practice law in the lawyer’s home jurisdiction;
  • of good character; and
  • a fit and proper person to be a lawyer.

6.3.3  If an application raises an issue regarding the good character or fitness of an applicant, the Executive Director must refer the application to the Committee.

6.3.4  If the application is referred to the Committee pursuant to subregulation 6.3.3, the Committee must consider the application and all the information provided by the Executive Director and may:

  • request that the Executive Director obtain more information;
  • approve the application, with or without terms, and stipulate the effective date of enrolment; or
  • deny the application.

6.3.5  If the application is approved with terms or with application is denied, the Committee must provide the applicant with a written decision with reasons and inform the applicant of the right to appeal to the Credentials Appeal Panel.

6.3.6  A lawyer eligible under subregulation 6.3.2 is not required to pass the Nova Scotia Bar Examination, but may be required to do any or all of the following:

  • provide certificates of standing from all Canadian and foreign governing bodies of which the lawyer is or has been a member;
  • disclose criminal and disciplinary records in any jurisdiction;
  • consent to access by the Society to the lawyer’s regulatory files of all governing bodies of which the lawyer is a member, whether in Canada or elsewhere; and
  • certify that he or she has reviewed all of the materials reasonably required by the Society.

6.3.7  Members of the Barreau whose legal training was obtained outside Canada and who have had their credentials reviewed and accepted by the Chambre are not qualifying members of the Barreau for purposes of these Regulations.

Liability Insurance

6.3.8  The requirements for liability insurance are set out in subregulation 4.1.8.

Call to the Bar

6.3.9  An applicant who has completed all the requirements under this Regulation may be granted a mobility permit pursuant to subregulation 6.2.10 until called to the Bar pursuant to subregulation 3.8.3.

Certify Review and Comprehension of Materials

6.3.10  Prior to a call to the Bar ceremony, a lawyer approved for admission under this Regulation, and who has not been required to pass the Bar Examination, must certify review and comprehension of all materials required by the Executive Director.

No Greater Rights

6.3.11  An applicant under this Regulation has no greater rights as a member of the Society than:

  • the lawyer has as a member of the governing body of the home jurisdiction; or
  • any other member of the Society in similar circumstances.

Executive Director Amends Records

6.3.12  When an application under this Regulation has been approved, the Executive Director must:

  • notify the lawyer that the application has been approved and the date of the call to the Bar; and
  • amend the records of the Society to reflect approval of the application and the date of call to the Bar.

6.4  Permanent Mobility of Québec Notaries

6.4.1  A member of the Chambre may apply to the Society to become a Canadian Legal Advisor.

6.4.2  Members of the Chambre whose legal training was obtained outside Canada and who have had their credentials reviewed and accepted by the Chambre are not members of the Chambre for purposes of Part 6.

6.4.3  A member of the Chambre who is granted the status of Canadian Legal Advisor in the Province may, in his or her capacity as a Canadian Legal Advisor:

  • give legal advice and consultations on legal matters involving the law of Québec or involving matters under federal jurisdiction;
  • prepare and draw up a notice, motion, proceeding or similar document intended for use in a case before a judicial or quasi-judicial body in a matter under federal jurisdiction where expressly permitted by federal statute or regulations;
  • give legal advice and consultations on legal matters involving public international law; and
  • plead or act before a judicial or quasi-judicial body in a matter under federal jurisdiction where expressly permitted by federal statute or regulations.

6.4.4  To be eligible to become a Canadian Legal Advisor in the Province, the applicant must be:

  • entitled to practice the notarial profession in Québec;
  • of good character; and
  • a fit and proper person to practice law.

6.4.5  Where there is an issue regarding the good character and fitness of an applicant, the Executive Director must refer the application to the Committee.

6.4.6  Where the application is referred to the Committee pursuant to subregulation 6.4.5, the Committee must consider the application and all the information provided by the Executive Director and may do one or more of the following:

  • request that the Executive Director obtain more information;
  • approve the application, with or without terms, and stipulate the effective date of enrolment; or
  • deny the application.

6.4.7  If the application is approved with terms or the application is denied, the Committee must provide the applicant with a written decision with reasons and inform the applicant of the right to appeal to the Credentials Appeal Panel.

6.4.8 An applicant qualified under this Regulation is not required to write the Nova Scotia Bar Examination, but may be required to do one or more of the following:

  • provide certificates of standing from all Canadian and foreign governing bodies of the legal profession of which the notary is or has been a member;
  • disclose criminal and disciplinary records in any jurisdiction; and
  • consent to access by the Society to the notary’s regulatory files of all governing bodies of the legal profession of which the notary is a member, where in Canada or elsewhere.

Call to the Bar

6.4.9  An applicant who has completed all the requirements under this Regulation must be called to the Bar.

No Greater Rights

6.4.10  An applicant under this Regulation has no greater rights as a member of the Society than:

  • the applicant has as a member of the Chambre; or
  • any other member of the Society in similar circumstances.

Executive Director Amends Records

6.4.11  When an application under this Regulation has been approved, the Executive Director must:

  • notify the applicant that the application has been approved and the date of call to the Bar;
  • amend the records of the Society to reflect approval of the application and the date of call to the Bar; and
  • issue the applicant a Canadian Legal Advisor certificate.

6.4.12  A Canadian Legal Advisor may not engage in the practice of law except as permitted under this Regulation.

Application of Regulations

6.4.13  All regulations that apply to a practising lawyer under Parts 1, 2, 4, 7, 8, 9, 10, 11, 12, 13 and 14 apply equally to a Canadian Legal Advisor.

6.4.14  A Canadian Legal Advisor must pay the fees prescribed by subregulation 4.2.1.

Continued Membership in the Chambre des notaires du Québec

6.4.15  A Canadian Legal Advisor must:

  • be a member in good standing of the Chambre des notaires du Québec entitled to practice as a notary;
  • undertake to comply with subregulation 6.4.12;
  • immediately notify the Executive Director in writing if he or she ceased to be authorized to practice law in Québec.

Exemption from Liability Insurance

6.4.16  A Canadian Legal Advisor may apply to the Executive Director for exemption from the requirement to maintain professional liability insurance if:

  • a minimum of $1,000,000.00 of liability insurance which coverage provides protection for acts or omissions arising out of profession service performed in the Province is maintained; and
  • proof of such insurance in a form satisfactory to the Executive Director is provided.

6.5  Application for Permanent Mobility by a Lawyer from Outside Canada

Application

6.5.1  A lawyer from a jurisdiction outside Canada may apply to be a practising lawyer.

Eligibility

6.5.2  To be eligible to be a practising lawyer, an applicant must:

  • have a law degree;
  • be a lawyer in a jurisdiction in which the legal profession is regulated;
  • be of good character;
  • be a fit and proper person to be a lawyer;
  • be competent to carry on the practice of law in the Province; and
  • be lawfully entitled to be employed in Canada.

Content of Application

6.5.3  An application under this Regulation, accompanied by the prescribed fee and in a prescribed form, must provide:

  • contact information;
  • confirmation of a law degree;
  • the professional history of the applicant;
  • information confirming good character;
  • information confirming fitness;
  • information confirming competence to practice law in the Province;
  • a certificate of standing from each jurisdiction in which the applicant is or has practiced law;
  • information about any outstanding complaint pending in a jurisdiction in which the applicant has practiced law; and
  • such other information as may be required by the Executive Director or the Committee.

Additional Information

6.5.4  The Executive Director may require additional information or additional proof of information provided in the application.

Decision of the Executive Director

6.5.5  The Executive Director may, where it is in the public interest to do so:

  • approve the application, with or without terms, and stipulate the effective date;
  • deny the application for reasons other than good character or fitness;
  • obtain any additional information from the applicant or any other person regarding the good character and fitness of the applicant;
  • refer the application to the Committee where there is any issue regarding the good character or fitness of an applicant.

6.5.6  If the approval is with terms or the application is denied, the Executive Director must provide the applicant with a written decision with reasons and inform the applicant of the internal review process.

6.5.7  If an application is referred to the Committee pursuant to subregulation 6.5.5(d), the Committee must consider the application and all the information provided by the Executive Director and may do one (1) or more of the following:

  • request that the Executive Director obtain further information;
  • approve the application, with or without terms, and stipulate the effective date of enrolment; or
  • deny the application.

Terms of Approval

6.5.8  The Executive Director or Committee may approve an application with terms that may include:

  • serving a period under the supervision of a practising lawyer who would qualify to be a principal under Part 5 of these Regulations;
  • satisfying the Executive Director or Committee of the applicant’s character and fitness for admission to membership; or
  • completing such other requirements as may be required by the Executive Director or Committee.

6.5.9  If the approval is with terms or the application is denied, the Committee must provide the applicant with a written decision with reasons and inform the applicant of the right to appeal to the Credentials Appeal Panel.

Service with Practising Lawyer

6.5.10  During any period of service with a practising lawyer required by subregulation 6.5.8(a), the applicant is considered to be a practising lawyer and is required to pay the fees of a practising lawyer pursuant to subregulation 4.2.1.

Call to the Bar

6.5.11  When an applicant has completed all the requirements under this Regulation, the applicant must be called to the Bar.

6.6  Application for Temporary Practice by a Lawyer from Outside Canada

6.6.1  A lawyer from a jurisdiction outside Canada may apply to practice temporarily in the Province.

6.6.2  An application under subregulation 6.6.1 must be in a form prescribed by the Executive Director and must contain all information necessary to ensure compliance with Regulation 6.6, including information about the nature of the matter which the applicant will be addressing in the Province.

6.6.3  A lawyer practising under this Regulation must:

  1. be entitled to practice law in a jurisdiction outside Canada;
  2. carry liability insurance that
    1. extends to the visiting lawyer’s practice in the Province, and
    2. is reasonably comparable to coverage and amount to that maintained on the Society’s mandatory professional liability insurance program,
  3. have defalcation compensation coverage from a governing body that extends to the visiting lawyer’s practice in the Province, unless waived by the Executive Director;
  4. not be subject to conditions or restrictions on the visiting lawyer’s practice or membership in the governing body in any jurisdiction imposed as a result of a connection with proceedings related to discipline;
  5. not be the subject of criminal or disciplinary proceedings in any jurisdiction;
  6. have no disciplinary record in any jurisdiction;
  7. pay the prescribed fee; and
  8. be competent to practice Nova Scotia law in the area in which the lawyer intends to practice while in the Province.

6.6.4  A lawyer practising temporarily in the Province must practice in consultation with a practising lawyer in the Province.

6.6.5  Consultation imposes a duty:

  • on the visiting lawyer to disclose fully to each practising lawyer with whom the visiting lawyer consults, all factual information which is necessary so that the practising lawyer can fulfill his or her responsibilities under paragraph (b); and
  • on each practising lawyer who is consulted, to
  • be substantially involved in all matters of law which are specific to the Province in respect of which the member is consulted, and
  • ensure that the handling of trust funds by the visiting lawyer is done in accordance with the Society’s Regulations.

Authority of the Executive Director

6.6.6  The Executive Director may, where it is in the public interest to do so:

  • approve the application, with or without terms, and stipulate the provisions of Regulation 6.4 that apply, the effective date and the termination date; or
  • deny the application.

6.7.1  A lawyer from a foreign jurisdiction outside of Canada may apply for a permit to be a foreign legal consultant.

Contents of Application

6.7.2  An application under this Regulation, accompanied by the prescribed fee and in the prescribed form, must provide:

  1. contact information;
  2. professional history;
  3. information confirming good character;
  4. information confirming fitness;
  5. confirmation that the applicant has practiced the law of a foreign jurisdiction outside of Canada for at least three (3) complete years, or an undertaking that while acting as a foreign legal consultant, the applicant will practice under the direct supervision of a foreign legal consultant from that foreign jurisdiction;
  6. a certificate of standing from each law society of which the applicant is a member;
  7. a written undertaking
    1. not to accept, hold, transfer, or in any other manner, deal with trust money or property,
    2. submitting to the jurisdiction of the Society and agreeing to comply with the Act and Regulations,
    3. to notify the Executive Director if the applicant fails to satisfactorily complete any continuing legal education program that is required by members of his or her jurisdiction,
  8. proof of professional liability insurance or a bond or indemnity or other security in a form and amount which is reasonably comparable to that maintained by the Society in its mandatory liability insurance program and which specifically extends to the services rendered by the foreign legal consultant while acting in the Province;
  9. proof that the applicant participates in a defalcation program or carries a fidelity bond or other security satisfactory to the Society and is of a type and in an amount prescribed by Council for the purposes of reimbursing persons who sustained a pecuniary loss as a result of misappropriation or conversion by the foreign legal consultant of money or other property entrusted to or received by the foreign legal consultant in that capacity in the Province; and
  10. such other information as may be required by the Executive Director or the Committee.

Executive Director Approval

6.7.3  The Executive Director may, if it is in the public interest to do so, approve the application with or without terms and issue a permit to the applicant if the requirements of subregulation 6.7.2(a)-(j) are satisfactorily met.

6.7.4  If the approval is with terms or the application is denied, the Executive Director must provide the applicant with a written decision with reasons.

6.7.5  The Executive Director’s decision to deny the application is final.

6.7.6  A foreign legal consultant must, when engaged in any promotional activities in the Province:

  • use the term “foreign legal consultant”;
  • state the foreign jurisdiction in respect of which he or she is qualified to practice law and the professional title used in that jurisdiction; and
  • state that he or she is not a member of the Society.

Validity of Permit

6.7.7  A permit issued pursuant to this Regulation remains valid if the foreign legal consultant renews the permit on its expiry and pays the applicable fees, unless the foreign legal consultant:

  • is suspended as a result of proceedings under the Act or Regulations;
  • ceases to meet the requirements of subregulation 6.7.2(h) and (i); or
  • ceases to be entitled to practice the law of the foreign jurisdiction.