Practicing Law: Can Lawyers Move Between Provinces?

Lawyers in Canada can practice in multiple provinces, which can be beneficial for their careers. They can practice temporarily in most provinces for up to 100 days per year without needing to qualify there. However, to practice permanently in another province, lawyers may need to requalify by taking that province's bar exam and fulfilling the Continuing Professional Development (CPD) requirements. The process of moving across provinces as a lawyer can vary in difficulty depending on the province and area of practice.

Lawyers can practice in multiple provinces

Lawyers in Canada can practice in multiple provinces, and many do. This is made possible by the National Mobility Agreement for the legal profession, which allows lawyers to practice temporarily in most provinces for up to 100 days per year without needing to qualify there. This agreement sets out guidelines for lawyers to work both temporarily and permanently in another province. For example, a lawyer from one province can advise clients in another province on whether something that works in one province will work in another. This is particularly useful for Canadian businesses that operate across multiple provinces.

Lawyers who wish to work permanently in another province may need to requalify in that province, which is not a simple process. They will need to study for and pass that province's bar exam, and may need to obtain the equivalent of a common law degree. They must also meet the regular qualifications for lawyers to practice law in the specific jurisdiction and they must certify that they understand and have reviewed the relevant reading materials, such as the provincial rules of professional conduct.

If a lawyer becomes dual-qualified, they will need to fulfill the Continuing Professional Development (CPD) requirements in both provinces. This can be challenging, as it requires the lawyer to think in two different legal systems simultaneously. However, dual-qualification can also be beneficial, as it provides lawyers with experience and knowledge that sets them apart from their peers.

The National Mobility Agreement allows temporary practice

Canada is a bijural country, meaning it recognises two legal traditions within a single state. The province of Quebec practices civil law, while the other provinces follow the common law system. Due to this, lawyers from Quebec wishing to move to a common-law province must undergo evaluation by the NCA. Conversely, the NCA does not evaluate the credentials of lawyers moving to Quebec.

In 2002, the Federation of Law Societies of Canada created the National Mobility Agreement (NMA), which established permanent and temporary mobility agreements between provinces. By 2006, all nine common-law provinces had implemented the agreement. The agreement allows lawyers to work temporarily or permanently in another province. The temporary agreement requires lawyers to have liability insurance and defalcation coverage, no outstanding criminal or disciplinary proceedings, and no restrictions on their right to practise. With these, they may provide legal services in a reciprocating jurisdiction for up to 100 days in a calendar year, without a permit.

Lawyers who are not eligible for mobility without a permit may apply for one. To practise law in a province, lawyers must pass the bar exam of that province and complete the required internship, which is called articling. Each province has the right to establish its own legal principles and licensing processes. Therefore, lawyers can only practise within the limits of the authority of the bar of which they are a member. Lawyers who wish to move from province to province should contact the individual law society for complete rules.

Lawyers can permanently practice in another province

Lawyers can practice law in another province, either temporarily or permanently. The National Mobility Agreement for the legal profession allows lawyers to practice temporarily in most provinces for up to 100 days per year without having to qualify there. This agreement requires lawyers to have liability insurance and defalcation coverage, no outstanding criminal or disciplinary proceedings, no discipline record, and no restrictions or limitations on their right to practice.

For permanent practice in another province, lawyers must cross-qualify by taking the bar exam in the new province. This process can be lengthy and requires studying for and passing the bar exam, in addition to meeting the regular qualifications for lawyers in the specific jurisdiction. The cost of this process can be upwards of $1,000.

Some lawyers choose to study in one province and then practice in another, which is a common occurrence. This may involve obtaining the equivalent of a common law degree and taking additional tests or exams. It is important to note that each province has its own laws and regulations, so lawyers must be aware of the specific requirements and qualifications needed for the province they wish to practice in.

Lawyers who are dual-qualified and practicing in multiple provinces have the advantage of standing out from their peers due to their diverse experience and knowledge. They must, however, fulfill the Continuing Professional Development (CPD) requirements in both provinces and adapt to the unique legal systems and practices of each province.

Lawyers must meet qualifications for the specific jurisdiction

Lawyers intending to practice in a specific jurisdiction must meet the qualifications for that jurisdiction. This is in addition to the basic qualifications of being a lawyer. For instance, in Canada, the National Mobility Agreement for the legal profession allows lawyers to practice temporarily in most provinces for up to 100 days each year without qualifying in that province. However, to cross-qualify and practice permanently in another province, they must meet the specific qualifications of that province. This often includes taking the bar exam of that province. For example, a lawyer who has qualified in Ontario and intends to move to Alberta must take the bar exam in Alberta to be able to practice there.

The qualifications for each jurisdiction may vary, and it is important for lawyers intending to move to a different province to be aware of these variations. In some cases, a lawyer may need to "obtain the equivalent of a common law degree" before they can apply to the bar in a particular province. This may involve taking additional tests or exams. For instance, Richard, a lawyer intending to move to Ontario, had to take a battery of tests to obtain the equivalent of a common law degree before he could apply to the bar in that province.

The process of cross-qualifying in another province can be time-consuming and challenging. It is important for lawyers to be aware of the specific requirements and plan accordingly. In some cases, it may be advantageous to study in the province where one intends to practice, as this can help in making connections and networking, which can be beneficial for one's legal career.

Additionally, lawyers who are members of a law society in one province may need to join a different law society when moving to another province. They may also need to fulfill the Continuing Professional Development (CPD) requirements of the new province. While the process of cross-qualifying can be demanding, it also offers benefits such as standing out from other lawyers due to the unique experience and knowledge gained from practicing in multiple jurisdictions.

Studying in one province and practicing in another is common

Studying in one province and practising in another is common in Canada. There are nine provinces and three territories in Canada, and each has its own legal jurisdiction. However, lawyers often practise in multiple provinces, especially if they work for a corporate firm with offices and clients in different provinces. This allows them to work on a wide range of files across the country and advise clients on how the law differs between provinces.

The National Mobility Agreement for the legal profession allows lawyers to practise temporarily in most provinces for up to 100 days per year without having to qualify there. To qualify to practise law in another province permanently, lawyers may need to take that province's bar exam and fulfil the Continuing Professional Development (CPD) requirements. They must also meet the regular qualifications for lawyers in that province, such as certifying that they have reviewed the provincial rules of professional conduct.

Some people recommend studying law in the province where you intend to practise, as this can help you make connections that will be useful for your career. However, many lawyers have studied in one province and then practised in another. For example, one person on Reddit said they knew two family members who studied law in Ontario and then practised in BC. Another person on Reddit said they went to university in one province and then got a job practising law in another province.

If you want to practise law in multiple provinces, it's important to be aware of the differences in laws and regulations between them. Some areas of law, such as property law, are provincially regulated and vary between provinces. Other areas, such as criminal law, are federally regulated and are generally the same across provinces.

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