Kara Sears
If you are a US-trained lawyer looking to practice law in Canada, you will need to go through a specific process. The rules and regulations for admission to practice law in Canada are set by the provincial and territorial law societies, and the process can be quite lengthy and challenging. Here is an overview of the steps you need to take to pursue a legal career in Canada with your US law degree.
| Characteristics | Values |
|---|---|
| Degree from a US law school | Allows you to sit for the bar in any US state |
| Using a US law degree in Canada | Apply to the National Committee on Accreditation (NCA) and to the law society in the province or territory where you want to practice law |
| US-trained lawyers practicing US law in Canada | Apply for a permit as a regional legal consultant from a provincial law society |
| NCA application requirements | Online application form and fee payment (currently $450 Canadian, plus taxes), final official transcript from undergraduate and graduate (non-legal) institutions, certificate or letter of membership if admitted to practice law in any jurisdiction |
| NCA assessment focus areas | Contracts, torts, property, business organizations, Canadian administrative law, Canadian constitutional law, Canadian criminal law, foundations of Canadian law, and professional responsibility |
| Certificate of Qualification | Required to apply to a law society outside of Quebec and to become a licensed lawyer in Canadian common law jurisdictions (excluding Quebec) |
| Bar admission requirements | Differ from province to province; in Ontario, foreign-trained lawyers must complete the licensing process of the Law Society of Ontario, which includes writing licensing exams and satisfying experiential training |
| Articling requirement | May be waived if you have been practicing for a certain period of time |
| Immigration considerations | Explore options for a work permit or permanent residency through programs like Canada's Express Entry for skilled immigrants |
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What You'll Learn
Obtaining a Certificate of Qualification
To practice law in Canada with a US degree, you must apply for a Certificate of Qualification from the National Committee on Accreditation (NCA). This certificate confirms that your education and training are equivalent to those of graduates from an approved Canadian law school.
The NCA will assess your credentials and determine what you must fulfill to obtain the Certificate of Qualification. The assessment will outline the exact requirements, which may include writing challenge exams or taking courses at a Canadian law school. The NCA processes assessments on a first-come, first-served basis, and you can expect to receive your assessment report within eight weeks of submitting your final document.
The requirements to obtain the certificate will depend on your academic and professional qualifications and may include a certain number of assignments. These assignments can be completed by writing and passing challenge exams or by enrolling and taking courses at a Canadian law school. Most students opt to write and pass challenge exams.
Once you have obtained your Certificate of Qualification, you must complete the bar admission requirements for the law society that governs the province in which you wish to practice. For example, in Ontario, you must complete the licensing process of the Law Society of Upper Canada (LSUC), which includes writing the barrister and solicitor licensing exams and attending a Skills and Professional Responsibility program.
It is important to note that bar admission requirements differ across provinces, so be sure to check the specific requirements for the province in which you intend to practice. Additionally, the NCA application process requires submitting all necessary documents and paying the application fee (currently $450 Canadian, plus taxes) before your application will be processed.
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Taking the NCA exams
To practice law in Canada with a US degree, you must apply for a Certificate of Qualification from the National Committee on Accreditation (NCA). The Certificate of Qualification confirms that your legal education and training are equivalent to those of graduates from an approved Canadian law school. The NCA assesses each applicant's legal education and professional experience and advises them on the steps to obtain the certificate.
The NCA exams are one way to meet the requirements for the Certificate of Qualification. Here are some key things to keep in mind:
- Cost: Each exam costs $500 CAD plus taxes, payable by credit card. This price applies every time you take or retake an exam.
- Frequency: You can take the exams twelve times a year from any location with internet service. Check the NCA exam schedule for specific dates.
- Registration: Registration is required for NCA exams, and you must adhere to the deadlines listed in the schedule.
- Preparation: You must study independently for the exams.
- Subjects: The NCA generally assigns five core common law subjects to all applicants: contracts, torts, property, business organizations, and Canadian administrative law, constitutional law, criminal law, foundations of Canadian law, and professional responsibility. Additionally, if your qualifications were assessed after January 1, 2022, you must complete a course in legal research and writing offered by an approved Canadian common law program or the NCA legal research and writing module.
- Timeline: You must complete your assigned requirements, including exams and/or courses, within five years of your assessment. You can request an extension if needed.
- Combination with Courses: You may also choose to complete a combination of exams and courses at a Canadian law school to meet your requirements. Ensure that you get your courses approved by the NCA before enrolling.
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Applying for permanent residency
To practice law in Canada with a US degree, you must first obtain a Certificate of Qualification from the National Committee on Accreditation (NCA). The NCA will assess your credentials and determine the requirements you must fulfill to obtain the certificate, which confirms that you have education and training equivalent to graduates from an approved Canadian law school. Once you have obtained your Certificate of Qualification, you can apply to become a licensed lawyer in Canadian common-law jurisdictions (excluding Quebec).
Now, onto the process of applying for permanent residency in Canada. You can apply for permanent residence in Canada through Express Entry. This process involves several steps, including:
Completing an Immigration Medical Exam (IME):
You and your family members must undergo an IME, which can be completed by a panel physician. If you have already completed an IME for a previous application (e.g. to work or study) and are currently living in Canada, you may not need to do it again. However, if your previous IME is not valid, you will need to complete a new one after submitting your application.
Gathering Required Documents:
You will need to gather all the necessary documents, including identity documents, proof of financial support, and any other supporting documents outlined in the application process. Ensure that any translations are completed by a certified translator and that all documents are scanned and uploaded in the accepted formats.
Submitting the Application:
Complete the online application form and pay the required fees through your IRCC secure account. You may need to include a hand signature or digital signature on the application form. After submission, you will receive instructions on when to get your medical exam done if necessary.
Providing Biometrics:
As of December 3, 2019, applicants from within Canada need to provide biometrics (fingerprints and photographs) at a designated Service Canada location. You will need to pay the biometric fees and obtain a Biometric Instruction Letter (BIL) before providing your biometrics.
Waiting for Processing:
Check the current processing times to estimate how long it will take to process your application. You can also check the status of your application online or by contacting the Canadian embassy, high commission, or consulate in your region.
It is important to note that permanent residents have the same legal obligations as Canadian citizens, including paying taxes and respecting federal, provincial, and municipal laws. Additionally, any changes in your situation, such as marital status or family composition, should be reported immediately, as they may impact your application.
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Practising US law in Canada
To practise US law in Canada with a US degree, you must apply for a permit as a regional legal consultant from a provincial law society. The specific law society you apply to will depend on the province or territory in which you want to practise law.
To apply for a permit, you must first have your credentials assessed by the National Committee on Accreditation (NCA). The NCA will determine what you must fulfil to obtain a Certificate of Qualification, which makes you eligible to apply to become a licensed lawyer in Canadian common-law jurisdictions (all provinces except Quebec). The NCA will advise on what you need to do to obtain the certificate, which may include writing exams or taking courses at a Canadian law school. Once you have obtained your Certificate of Qualification, you must complete the bar admission requirements for the province in which you wish to practise. These requirements differ from province to province. For example, in Ontario, you must complete the licensing process of the Law Society of Upper Canada (LSUC), which includes writing the barrister and solicitor licensing exams and attending a Skills and Professional Responsibility program.
It is important to note that the process of obtaining a licence to practise law in Canada with a US degree can be lengthy and may include several exams and requirements. Additionally, if you are not a Canadian permanent resident or citizen, you will need to explore immigration options, such as obtaining a work permit or applying for permanent residency.
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Bar admission requirements
To practice law in Canada with a US degree, you must apply for a Certificate of Qualification from the National Committee on Accreditation (NCA). This committee falls under the Federation of Law Societies of Canada. The NCA assesses each applicant's academic and professional qualifications and advises on the requirements needed to obtain the Certificate of Qualification. The exact requirements differ from province to province, and each province has its own law society that governs the bar admission process.
Once you obtain your Certificate of Qualification, you must complete the bar admission requirements for the specific province in which you wish to practice. For example, in Ontario, you must complete the licensing process of the Law Society of Upper Canada (LSUC). This includes writing the barrister licensing exam, the solicitor licensing exam, and attending a Skills and Professional Responsibility program. You must also satisfy the experiential training component of the Lawyer Licensing Process.
The NCA application process includes submitting an online application form and paying a fee (currently $450 Canadian, plus taxes). You must also submit your final official transcript from undergraduate and graduate (non-legal) institutions. If you are already admitted to practice law in any jurisdiction, you must provide a certificate or letter of membership in good standing. The NCA assessments focus on core common law subjects, and applicants must demonstrate competence in contracts, torts, property, business organizations, Canadian administrative law, Canadian constitutional law, Canadian criminal law, foundations of Canadian law, and professional responsibility.
It is important to note that there is a separate process for US lawyers who wish to practice US law in Canada. In this case, you would apply for a permit as a regional legal consultant from a provincial law society.
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Frequently asked questions
No, a US law degree does not qualify you to practice law in Canada. You will need to obtain a Certificate of Qualification from the National Committee on Accreditation (NCA).
The Certificate of Qualification confirms that you have an education and training equivalent to graduates from an approved Canadian law school.
You must apply to the NCA for an assessment. The NCA will then advise what you need to do to obtain the certificate. This may include writing exams or taking courses at a Canadian law school.
You must then complete the bar admission requirements for the law society that governs the province in which you wish to practice. This may include licensing exams and an experiential training component.
Yes, if you are not a Canadian permanent resident or citizen, you will need to explore immigration options. You may need to obtain a work permit or apply for permanent residency.
