Cecily Zamora
If you're a lawyer looking to transfer your license to Canada, you'll need to navigate the country's unique legal landscape. Canada's legal system shares similarities with the US, as both are derived from British common law. However, Canada's status as a constitutional monarchy and parliamentary democracy sets it apart. Each province in Canada has the right to establish its own legal principles, resulting in varying licensing processes for lawyers. To practice law in Canada, you'll need to obtain a qualifying law degree from a Canadian university or complete an equivalent degree abroad, followed by the necessary accreditation and licensing processes. The National Committee on Accreditation (NCA) plays a crucial role in evaluating and accrediting internationally trained lawyers seeking to practice in Canada.
| Characteristics | Values |
|---|---|
| Education Requirements | A qualifying law degree from Canada or a law degree from outside Canada. |
| Legal Systems | The Canadian legal system is based on British common law, similar to the US but with differences due to their distinct governing structures. |
| Licensing | Pass the bar exam of the province you intend to practice in. |
| Internship | Complete the required internship, called articling. |
| Transferring License | Possible to transfer your license from one province to another, but requires meeting regulatory needs, including proof of good standing and years of practice experience. |
| Examination | Pass the Barrister Licensing Examination & Solicitor Licensing Examination. |
| Training | Complete the 10-month articling process (internship) or Law Practice Program (LPP). |
| Character | Demonstrate good character. |
| Bar of Ontario | Be called to the Bar of Ontario. |
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What You'll Learn
Understanding the NCA accreditation process
The National Committee on Accreditation (NCA) is a standing committee of the Federation of Law Societies of Canada. The NCA assesses the legal education and professional experience of individuals who obtained their credentials outside of Canada or through a Canadian civil law program. The NCA process helps ensure that anyone who earned their legal education outside of Canada has knowledge of Canadian law similar to that offered by an approved Canadian common law degree program.
The NCA process is required for anyone with legal education from outside Canada who wishes to practice law in a common law jurisdiction in Canada. This includes Canadian citizens with foreign legal education, newcomers to Canada, and those intending to immigrate to Canada. The NCA process is also necessary for graduates of Quebec or the Canadian civil law program at the University of Ottawa who want to practice in a common law jurisdiction outside of Quebec.
To initiate the NCA process, individuals must first apply for an assessment of their education and experience. This involves submitting relevant documentation and completing a self-assessment form to determine eligibility. The NCA evaluates legal credentials using a standard evaluation framework across the country. This means that individuals only need to undergo one process to qualify for law society bar admissions programs in any Canadian common law jurisdiction.
Following the assessment, the NCA may require individuals to complete additional steps, such as examinations or further education, to meet the necessary competencies for accreditation. The NCA offers resources and support to help individuals prepare for and complete these requirements. Once an individual has satisfied all the NCA requirements, they will receive a Certificate of Qualification, which is necessary to initiate the licensing process with the relevant law society in their province or territory.
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Transferring your license between provinces
The steps to becoming a lawyer in Canada vary depending on the province in which you reside. Lawyers can only practice within the limits of the authority of the bar which they are a member of. While it is possible to transfer your license from one province to another, this requires some work to meet the regulatory needs of the province to which you are moving.
The National Mobility Agreement allows lawyers to transfer with ease between all common-law provinces in Canada. Under the agreement, lawyers in common-law provinces also enjoy temporary mobility rights and are permitted to practice for up to 100 days a year in other common-law provinces. The agreement is currently in force in New Brunswick, Ontario, Manitoba, Saskatchewan, and British Columbia, giving Canadian-trained lawyers licensed in Quebec the right to transfer to those jurisdictions. When approved by the government of Quebec, lawyers from Canadian common-law jurisdictions will be able to transfer to Quebec with ease.
The Territorial Mobility Agreement governs transfers between the common-law jurisdictions and the territories of Yukon, the Northwest Territories, and Nunavut. The Territorial Mobility Agreement of 2013, which includes the same permanent mobility provisions as the National Mobility Agreement 2013, has been implemented by all three northern territories. This gives Quebec-licensed lawyers the right to transfer to the territories.
Lawyers transferring from another Canadian jurisdiction as in-house counsel may apply to be exempted from the requirement to write examinations. If you are from a jurisdiction that has signed the National Mobility Agreement, you can practice in British Columbia for up to 100 business days within the year.
To apply to become a transfer lawyer in Saskatchewan, you must provide a copy of certified government-issued photo identification, such as a driver's license or passport, and certificates of standing from each law society or equivalent organization of which you are or have been a member.
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Obtaining a Certificate of Qualification
To obtain a Certificate of Qualification, foreign-trained lawyers must apply for an assessment from the National Committee on Accreditation (NCA). The NCA assesses the legal education and professional experience of individuals who obtained their credentials outside of Canada or through a Canadian civil law program. The NCA process is the rough equivalent of testing out of Canadian law school, and it is a prerequisite for foreign lawyers to start their licensing processes in the Canadian law societies.
To initiate the NCA assessment, you must submit your college and law school transcripts and certificates of good standing from all jurisdictions in which you are licensed. These documents are typically sent directly to the NCA by the educational institutions. The NCA will also require you to take specific courses or exams to ensure your legal education aligns with the Canadian common law tradition. The number and nature of these exams will depend on your prior legal education and professional experience.
The NCA assessment process typically takes around 16 months to complete and can cost upwards of $7,300. After successfully completing the NCA assessment, you will obtain your Certificate of Qualification, which is a crucial step towards becoming licensed to practise law in Canada.
It is important to note that the steps to becoming a lawyer in Canada vary depending on the province in which you intend to practise. Each province has its own bar exam and internship requirements, so it is essential to familiarize yourself with the specific regulations of your desired province.
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Passing the Barrister Licensing Examination
The process of becoming a licensed lawyer in Canada differs depending on the province in which you reside. It is important to be aware of the national requirements for licensure eligibility, as well as the specific stipulations of the province where you intend to practice law.
The Barrister Licensing Examination is one of the most challenging elimination processes, especially for NCA-accredited lawyers. The Ontario Bar Examination is a multiple-choice, open-book exam with two stages: the Barrister and Solicitor exams, each lasting 7 hours. Both exams are offered three times a year (November, March, and June) and the fee for each exam is 865 CAD. The exams test the competencies required for entry-level practice that directly impact the protection of the public and are necessary for ethical practice.
The Law Society provides candidates with the necessary study materials for 100 CAD each, which can be printed and brought to the examination centre. Only hard copies of the materials are allowed, and they must be left at the centre after the exam. The exams are administered in an open-book format, and candidates are permitted to bring print materials, including study materials, notes, and textbooks.
To prepare for the exam, candidates should obtain a Certificate of Qualification issued by the NCA, as well as a Bachelor of Laws (LL.B.) or a Juris Doctor (J.D.) Degree approved by a common law program in Canada. It is also important to manage time effectively, as the exams are competitive and MCQ-based.
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Completing the Experiential Training
To complete the experiential training component of becoming a licensed lawyer in Canada, several steps must be taken. Firstly, it is imperative to understand the specific requirements of the province in which you intend to practice law, as each province has its own legal principles and licensing processes. This includes understanding the unique requirements of the provincial and territorial law societies that license lawyers.
The experiential training component typically involves a period of articulating, which is a form of internship or apprenticeship. This entails working for a period of nine months to a year with one or more law firms, government agencies, or non-profits. During this time, candidates can choose to split their articling period among different placements to gain exposure to diverse working environments and law specializations. Some provinces, such as the Law Society of Newfoundland and Labrador, require students to complete a Bar Admission Course as part of their articling period. In Ontario, for example, candidates can opt for the Law Practice Program, which includes four months of articling.
In addition to the articling process, candidates may also be required to complete specific subjects or spend a particular period in law school. For instance, lawyers or law graduates from civil law jurisdictions often need to take mandatory National Committee on Accreditation (NCA) subjects before becoming eligible to write the NCA exams. The NCA assessment is crucial for internationally trained lawyers seeking to practice in Canada, as it determines the requirements for obtaining a Certificate of Qualification, which is necessary for taking the bar exams.
It is worth noting that some law schools in Canada offer co-op or internship programs as part of their curriculum, providing students with practical experience before they embark on their articling journey. Therefore, when choosing a law school, it is beneficial to consider your goals and select a program that aligns with your interests and values.
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Frequently asked questions
The first step is to identify your goals. Ask yourself what area of law you would like to practice in. This will help you understand the current needs in the legal market and follow trends in how law firms operate.
The NCA, or National Committee on Accreditation, is a crucial step for internationally trained lawyers seeking to practice in Canada. The NCA assessment will determine the requirements for obtaining a Certificate of Qualification, which is a prerequisite for foreign lawyers to begin the licensing process.
The NCA assessment will outline the requirements, which may include taking NCA challenge exams or courses at a Canadian law school.
The process for transferring your license will depend on the province to which you are moving. You may need to provide proof of good standing from your current province or country, demonstrate the required number of years of practice experience, and fulfill any additional educational or examination requirements.
The steps to becoming a licensed lawyer in Canada vary depending on the province in which you intend to practice. Generally, you will need to obtain a qualifying law degree, pass the bar exam, and complete an internship, known as articling. Each province has its own licensing processes and requirements, so it is important to familiarize yourself with the specific stipulations of your intended province.
