Kara Sears
If you're considering studying law in the US but want to practice in Canada, you might be wondering how your American law degree will translate. While an American law degree will allow you to sit for any state bar exam in the US, practicing law in Canada with a foreign degree requires additional steps and considerations. Here's what you need to know about using your American law degree north of the border. First, it's important to understand that the requirements for bar admission vary across Canadian provinces. In Ontario, for instance, foreign-trained lawyers must complete specific licensing processes, including exams and experiential training. To practice Canadian law in Canada with an American law degree, you'll generally need to apply to the National Committee on Accreditation (NCA) for a Certificate of Qualification, which confirms that your legal education and training are equivalent to those of Canadian law school graduates. The NCA will assess your credentials and determine the requirements you need to fulfill to obtain the certificate. Once you have the certificate, you can apply to become a licensed lawyer in Canadian common law jurisdictions, excluding Quebec. However, keep in mind that it can be challenging to practice law in Canada with a foreign degree, and you may need to take additional exams or complete an internship. Additionally, certain American law firms with offices in Toronto may offer opportunities for American-trained lawyers, but these positions tend to be limited in scope.
| Characteristics | Values |
|---|---|
| American law degree authorization | Allows you to sit for any state bar exam |
| National Committee on Accreditation (NCA) | Assesses credentials to determine eligibility for a Certificate of Qualification |
| Certificate of Qualification | Makes you eligible to apply 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 Law Society of Ontario's licensing process, including exams and experiential training |
| NCA application fee | $350.00 CDN, plus taxes |
| NCA exams | Open-book and offered four times per year; most applicants attempt 2-4 exams per session |
| American-trained lawyers' exceptions | Some American law firms in Toronto accept American-trained lawyers for capital markets work |
| Canadian law schools | May award J.D. degrees, making the degree well-known in Canada |
| US-trained lawyers practicing Canadian law | Must apply to the NCA and the law society in the desired province or territory |
| US-trained lawyers practicing US law in Canada | May apply for a permit as a regional legal consultant from a provincial law society |
| Certificate of Qualification requirements | Passing exams and/or taking courses in a Canadian law school |
| Bar admission requirements in Ontario | Include licensing exams, Skills and Professional Responsibility program, articling or abridgment, and eligibility to be called to the Bar |
| US lawyers practicing US law in Canada | Must apply for a permit and follow a separate process |
| NCA application requirements | Online application form and fee payment |
| Accreditation for foreign lawyers in Canada | Determined by the National Committee on Accreditation, which assesses legal education and experience, creating requirements for filling gaps |
| Licensing processes | Differ across provinces, with each law society setting its own requirements |
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What You'll Learn
Getting certified by the National Committee on Accreditation (NCA)
To begin the process of getting certified by the National Committee on Accreditation (NCA), you must first graduate with an American law degree. After graduation, your credentials will need to be assessed by the NCA, which is a standing committee of the Federation of Law Societies of Canada. This assessment will determine what you must fulfill to obtain a Certificate of Qualification, which is necessary to apply to become a licensed lawyer in Canadian common-law jurisdictions (all provinces except Quebec).
The NCA will assess your legal education and professional experience, and the results will outline the exact requirements needed to obtain the Certificate of Qualification. This includes a timeline for completing the subjects and a syllabus for each required subject. The NCA offers four exam sessions per year, and most applicants attempt 2-4 exams per session. The number of exams taken per session should be determined by your comfort level with each subject and the time you have available to study.
The NCA exams are open-book, so advanced preparation is key. You may purchase the necessary study materials directly from the publisher, at a law school bookstore, or online. It is important to refer to the syllabus when purchasing textbooks, as editions change frequently.
Once you have obtained your Certificate of Qualification, you can apply to enter law society bar admissions programs in any Canadian common-law jurisdiction. However, it is important to note that bar admission requirements differ from province to province. For example, in Ontario, foreign-trained lawyers must complete the licensing process of the Law Society of Ontario, which includes writing licensing exams and satisfying the experiential training component.
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Applying for a Certificate of Qualification
To practice law in Canada with an American law degree, you must first obtain a Certificate of Qualification. This certificate makes you eligible to apply to become a licensed lawyer in Canadian common-law jurisdictions (all provinces except Quebec). Here is a step-by-step guide on applying for a Certificate of Qualification:
Step 1: Get Your Credentials Assessed by the National Committee on Accreditation (NCA)
The NCA is responsible for assessing the legal education and professional experience of individuals who obtained their credentials outside of Canada. The assessment will determine what you need to fulfil to obtain the Certificate of Qualification. The NCA process includes evaluating your academic credentials, work experience, and any other relevant qualifications. The NCA uses one standard of evaluation across the country, allowing you to qualify for law society bar admissions programs in any Canadian common-law jurisdiction by going through a single process.
Step 2: Understand the NCA Exam Requirements
The NCA will outline the exact requirements you need to obtain the Certificate of Qualification, including the exams you must pass. These exams, known as the NCA exams, are designed to render your foreign law degree "equivalent" to a Canadian law degree. The NCA offers four exam sessions per year, and you can choose to write the exams from any location with internet service up to twelve times a year. Most applicants attempt 2-4 exams per session, depending on their comfort level and the time available for studying.
Step 3: Prepare for the NCA Exams
Obtain the necessary study materials and create a study plan. The NCA exams are open-book, so advanced preparation is crucial. You may purchase textbooks directly from the publishers listed in the exam syllabus or from a law school bookstore or online. It is recommended to find a study partner or tutor to help you stay motivated and on track.
Step 4: Complete the NCA Exams
Register for the NCA exams and complete them within the allotted time. Passing these exams is a crucial step in obtaining your Certificate of Qualification.
Step 5: Apply for the Certificate of Qualification
Once you have fulfilled all the requirements outlined in your NCA assessment report, you can apply for the Certificate of Qualification. This certificate will enable you to apply for licensure and begin your legal practice in Canada.
It is important to note that bar admission requirements may vary slightly from province to province, so it is advisable to consult the specific requirements of the province in which you intend to practice. Additionally, some sources suggest that having an American law degree from a top school may provide a slight advantage when seeking employment in Canada.
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Bar admission requirements
The National Committee on Accreditation (NCA) is a standing committee of the Federation of Law Societies of Canada. Once you graduate with an American law degree, your credentials will need to be assessed by the NCA. The results of the assessment will determine what you must fulfill to obtain a Certificate of Qualification, which makes you eligible to apply to become a licensed lawyer in Canadian common-law jurisdictions (including all provinces except Quebec).
Your assessment report will outline the exact requirements needed to obtain the Certificate of Qualification, including a timeline for completing the subjects and a syllabus for each subject. The NCA exams are open-book, and the NCA offers four exam sessions per year. Most applicants attempt 2-4 exams per session.
There are two types of interjurisdictional lawyer mobility within Canada: Temporary Mobility and Transfer (permanent mobility). Temporary Mobility allows a lawyer who is licensed by a Law Society to provide legal services temporarily in another province for up to 100 days annually without obtaining a permit or checking in. There is no requirement for further training, articling, or bar examinations, although there can be mobility restrictions based on disciplinary status. Transfer (permanent mobility) is similar to admission on motion in the United States but is administered by the Law Societies, with the courts having no role.
In addition to the NCA exams, some sources mention that foreign-trained lawyers may need to find a firm to offer them a one-year articling position and take the Canadian bar exam. However, it is important to note that bar admission requirements can change over time, and you should refer to the relevant Law Society for the most up-to-date information.
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Finding an articling position
To practice law in Canada with an American law degree, you must first have your credentials assessed by the National Committee on Accreditation (NCA). Following this assessment, you will receive a report outlining the steps to obtaining a Certificate of Qualification (CQ), which is required to apply to become a licensed lawyer in Canada.
Once you have obtained your CQ, you are eligible to apply for articling positions. An articling law student is a graduate with either an LLB or a JD who is completing their training and gaining relevant work experience after passing the bar. The articling program helps prepare graduates for complex real-life scenarios.
To find an articling placement, law graduates are responsible for finding an approved articling principal. These principals may be independent lawyers or lawyers in a law firm, non-profit organization, or government agency. The duration of the program varies according to the requirements of the province, with articling in Ontario lasting for 10 months and in Saskatchewan lasting for 12 months.
There are several strategies you can use to find an articling position:
- Check websites, follow law firms on LinkedIn, and send speculative applications.
- Network with associates or employees of law firms.
- Join ITL support or mentoring groups, such as Global Lawyers of Canada, the NCA Network, and the ITL Network, to connect with internationally trained lawyers who have successfully navigated the Canadian qualification process.
- Volunteer with organizations such as local Pro Bono Law clinics or the local Elizabeth Fry Society to gain Canadian work experience and develop valuable skills.
- Understand the recruiting process for internationally trained lawyers and law students (ITLs) to improve your chances of success in the articling search.
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Taking the Canadian bar
While it is possible to practice law in Canada with an American law degree, it is not easy. The process varies depending on the province, and each province has its own law society with its own bar admission requirements.
In Ontario, for example, foreign-trained lawyers must complete the licensing process of the Law Society of Ontario, which includes writing the barrister licensing exam and the solicitor licensing exam, and satisfying the experiential training component of the Lawyer Licensing Process.
The first step to taking the Canadian bar with an American law degree is to have your credentials assessed by the National Committee on Accreditation (NCA), a standing committee of the Federation of Law Societies of Canada. The NCA will determine what you must fulfill to obtain a Certificate of Qualification, which makes you eligible to apply to become a licensed lawyer in Canadian common law jurisdictions (including all provinces except for Quebec). The NCA exams are open-book and are offered four times per year, with most applicants attempting 2-4 exams per session. Your assessment report will outline the exact requirements needed to obtain the Certificate of Qualification, including a timeline for completing the subjects and a syllabus for each required subject.
Once you have obtained your Certificate of Qualification, you will need to find a firm to give you a one-year articling position. After completing your articling position, you will be eligible to take the Canadian bar.
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Frequently asked questions
Yes, but you must apply to the National Committee on Accreditation (NCA) and to the law society in the province or territory where you want to practice. You will need to obtain a Certificate of Qualification from the NCA, which confirms that your education and training are equivalent to those of graduates from an approved Canadian law school.
First, you must submit an online application form and pay a fee (currently 350.00 CDN, plus taxes). The NCA will then assess your credentials and outline the exact requirements you need to fulfill, which may include writing exams or taking courses at a Canadian law school.
In addition to obtaining a Certificate of Qualification, you must write and pass the provincial bar exams and complete an internship ("articling") or the Law Practice Program (exclusive to the Law Society of Ontario). Each province has its own licensing processes, so you should contact the relevant law society for specific requirements.
Yes, there are a handful of American law firms with offices in Toronto that hire American-trained lawyers to help Canadian entities issue debt and equity offerings in the United States. However, these positions are limited and may not provide the same opportunities as practicing Canadian law.
It may depend on your particular circumstances and the province in which you wish to practice. In general, a degree from a top American law school may give you a slight advantage, but it is not a requirement for practicing law in Canada.
