Our key occupation is the operation of a Research Library that can provide Law research or research relating to any information or question. We work hard. We help. Occasional practice, including attendance at Court for some matters, means occasional. It may amount to 100 Court dates a month. BY LAW 4: PART IV NOT PRACTISING LAW OR PROVIDING LEGAL SERVICES.
BY LAW 4: PART IV
NOT PRACTISING LAW OR PROVIDING LEGAL SERVICES
Not practising law or providing legal services 28. For the purposes of this Act, the following persons shall be deemed not to be practising law or providing legal services: Aboriginal Courtwork Program 1. A person who delivers courtworker services to Aboriginal people through an Aboriginal delivery agency that has contracted with the Government of Ontario or the Government of Canada to deliver courtworker services as part of the Aboriginal Courtwork Program. Other profession or occupation 2. A person whose profession or occupation is not the provision of legal services or the practice of law, who acts in the normal course of carrying on that profession or occupation, excluding representing a person in a proceeding before an adjudicative body. Committee of adjustment 31 3. A person whose profession or occupation is not the provision of legal services or the practice of law, who, on behalf of another person, participates in hearings before a committee of adjustment constituted under section 44 of the Planning Act.
PART V PROVIDING LEGAL SERVICES WITHOUT A LICENCE Interpretation 29. In section 30, “Canadian law student” means an individual who is enrolled in a degree program at a law school in Canada that is accredited by the Society; “licensee firm” means a partnership or other association of licensees, a partnership or association mentioned in Part III of By-Law 7 [Business Entities] or a professional corporation. “Ontario paralegal student” means an individual who is enrolled in a legal services program in Ontario approved by the Minister of Training, Colleges and Universities that is accredited by the Society. Providing Class P1 legal services without a licence 30. The following may, without a licence, provide legal services in Ontario that a licensee who holds a Class P1 licence is authorized to provide: In-house legal services provider 1. An individual, other than a Canadian law student or an Ontario paralegal student, who, i. is employed by a single employer that is not a licensee or a licensee firm, ii. provides the legal services only for and on behalf of the employer, and iii. does not provide any legal services to any person other than the employer.
Legal clinics 2. An individual, other than a Canadian law student or an Ontario paralegal student, who, 32 i. is employed by a clinic, within the meaning of the Legal Aid Services Act, 1998, that is funded by Legal Aid Ontario, ii. provides the legal services through the clinic to the community that the clinic serves and does not otherwise provide legal services, and iii. has professional liability insurance coverage for the provision of the legal services in Ontario that is comparable in coverage and limits to professional liability insurance that is required of a licensee who holds a Class L1 licence. Not-for-profit organizations 3. An individual who, i. is employed by a not-for-profit organization that is established for the purposes of providing the legal services and is funded by the Government of Ontario, the Government of Canada or a municipal government in Ontario, ii. provides the legal services through the organization to the community that the organization serves and does not otherwise provide legal services, and iii. has professional liability insurance coverage for the provision of the legal services in Ontario that is comparable in coverage and limits to professional liability insurance that is required of a licensee who holds a Class L1 licence. Acting for friend or neighbour 4. An individual, i. whose profession or occupation is not and does not include the provision of legal services or the practice of law, ii. who provides the legal services only for and on behalf of a friend or a neighbour, iii. who provides the legal services in respect of not more than three matters per year, and iv. who does not expect and does not receive any compensation, including a fee, gain or reward, direct or indirect, for the provision of the legal services. 33 Acting for family 5. An individual, i. whose profession or occupation is not and does not include the provision of legal services or the practice of law, ii. who provides the legal services only for and on behalf of a related person, within the meaning of the Income Tax Act (Canada), and iii. who does not expect and does not receive any compensation, including a fee, gain or reward, direct or indirect, for the provision of the legal services. Member of Provincial Parliament 6. An individual, i. whose profession or occupation is not and does not include the provision of legal services or the practice of law, ii. who is a member of Provincial Parliament or his or her designated staff, and iii. who provides the legal services for and on behalf of a constituent of the member. Other profession or occupation 7. An individual, i. whose profession or occupation is not the provision of legal services or the practice of law, ii. who provides the legal services only occasionally, iii. who provides the legal services as ancillary to the carrying on of her or his profession or occupation, and iv. who is a member of the the Human Resources Professionals Association of Ontario in the Certified Human Resources Professional category. Interpretation 34 31. (1) In this section, “employer” has the meaning given it in the Workplace Safety and Insurance Act, 1997; “injured workers’ group” means a not-for-profit organization that is funded by the Workplace Safety and Insurance Board to provide specified legal services to workers; “public servant” has the meaning given it in the Public Service of Ontario Act, 2006; “survivor” has the meaning given it in the Workplace Safety and Insurance Act, 1997; “worker” has the meaning given it in the Workplace Safety and Insurance Act, 1997. Office of the Worker Adviser (2) An individual who is a public servant in the service of the Office of the Worker Adviser may, without a licence, provide the following legal services through the Office of the Worker Adviser: 1. Advise a worker, who is not a member of a trade union, or the worker’s survivors of her or his legal interests, rights and responsibilities under the Workplace Safety and Insurance Act, 1997. 2. Act on behalf of a worker, who is not a member of a trade union, or the worker’s survivors in connection with matters and proceedings before the Workplace Safety and Insurance Board or the Workplace Safety and Insurance Appeals Tribunal or related proceedings. Office of the Employer Adviser (3) An individual who is a public servant in the service of the Office of the Employer Adviser may, without a licence, provide the following legal services through the Office of the Employer Adviser: 1. Advise an employer of her, his or its legal interests, rights and responsibilities under the Workplace Safety and Insurance Act, 1997 or any predecessor legislation. 2. Act on behalf of an employer in connection with matters and proceedings before the Workplace Safety and Insurance Board or the Workplace Safety and Insurance Appeals Tribunal or related proceedings. Injured workers’ groups 35 (4) An individual who volunteers in an injured workers’ group may, without a licence, provide the following legal services through the group: 1. Give a worker advice on her or his legal interests, rights or responsibilities under the Workplace Safety and Insurance Act, 1997. 2. Act on behalf of a worker in connection with matters and proceedings before the Workplace Safety and Insurance Board or the Workplace Safety and Insurance Appeals Tribunal or related proceedings. Interpretation 32. (1) In this section, “dependants” means each of the following persons who were wholly or partly dependent upon the earnings of a member of a trade union at the time of the member’s death or who, but for the member’s incapacity due to an accident, would have been so dependent: 1. Parent, stepparent or person who stood in the role of parent to the member. 2. Sibling or half-sibling. 3. Grandparent. 4. Grandchild; “survivor” means a spouse, child or dependant of a deceased member of a trade union; “workplace” means, (a) in the case of a former member of a trade union, a workplace of the former member when he or she was a member of the trade union; and (b) in the case of a survivor, a workplace of the deceased member when he or she was a member of the trade union. Trade unions
(2) An employee of a trade union, a volunteer representative of a trade union or an individual designated by the Ontario Federation of Labour may, without a licence, provide the following legal services to the union, a member of the union, a former member of the union or a survivor: 1. Give the person advice on her, his or its legal interests, rights or responsibilities in connection with a workplace issue or dispute. 36 2. Act on behalf of the person in connection with a workplace issue or dispute or a related proceeding before an adjudicative body other than a federal or provincial court. 3. Despite paragraph 2, act on behalf of the person in enforcing benefits payable under a collective agreement before the Small Claims Court. 33. [Revoked.] Provision of legal services by student 34. A student may, without a licence, provide legal services in Ontario under the direct supervision of a licensee who holds a Class L1 licence who is approved by the Society while, (a) in service under articles of clerkship; or (b) completing a work placement in the law practice program.
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Providing Class P1 legal services without a licence 30. The following may, without a licence, provide legal services in Ontario that a licensee who holds a Class P1 licence is authorized to provide: In-house legal services provider 1. An individual, other than a Canadian law student or an Ontario paralegal student, who, i. is employed by a single employer that is not a licensee or a licensee firm, ii. provides the legal services only for and on behalf of the employer, and iii. does not provide any legal services to any person other than the employer.Corporate activities authorized. Activities authorized (2) Subject to any terms, conditions, limitations or restrictions imposed on the class of licence or on the licensee and subject to any order made under the Act, a licensee who holds a Class P1 licence is authorized to do any of the following: 1. Give a party advice on his, her or its legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding. 2. Represent a party before, i. in the case of a proceeding in the Small Claims Court, before the Small Claims Court, ii. in the case of a proceeding under the Provincial Offences Act, before the Ontario Court of Justice, iii in the case of a proceeding under the Criminal Code, before a summary conviction court, iv. in the case of a proceeding before a tribunal established under an Act of the Legislature of Ontario or under an Act of Parliament, before the tribunal, and v. in the case of a proceeding before a person dealing with a claim or a matter related to a claim, before the person. 3. Anything mentioned in subsection 1 (7) of the Act, provided the activity is required by the rules of procedure governing a proceeding. 4. Select, draft, complete or revise, or assist in the selection, drafting, completion or revision of, a document for use in a proceeding. 5. Negotiate a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding. 8 6. Select, draft, complete or revise, or assist in the selection, drafting, completion or revision of, a document that affects a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.
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PART VI PRACTISING LAW WITHOUT A LICENCE Practising law without a licence 35. The following may, without a licence, practise law in Ontario: 1. An individual who, i. is authorized under Part VII of this By-Law to practise law in Ontario, and ii. practises law in Ontario in accordance and in compliance with Part VII of this By-Law. 2. An individual, i. who is authorized to practise law in a jurisdiction outside Ontario, and ii. whose practice of law in Ontario is limited to practising law as counsel to a party to a commercial arbitration that is conducted in Ontario and that is 37 “international” within the meaning prescribed by the International Commercial Arbitration Act. PART VII INTER-PROVINCIAL PRACTICE OF LAW GENERAL Insurance and defalcation coverage 36. (1) No person shall practise law in Ontario under this Part unless the person, (a) has professional liability insurance for the person’s practice of law in Ontario which is reasonably comparable in coverage and limits to professional liability insurance that is required of a licensee who holds a Class L1 licence; and (b) has coverage for defalcations, other than the National Excess Plan, which specifically extends to the person’s practice of law in Ontario and is at least equivalent to the coverage available to a licensee who holds a Class L1 licence. Insurance: exemption (2) A person is exempt from the requirement contained in clause (1) (a) if the person meets any of the requirements for exemption from payment of insurance premium levies specified in By-Law 6 for licensees who hold a Class L1 licence. Interpretation: “National Excess Plan” (3) In clause (1) (b), “National Excess Plan” means the plan established under the Inter-Jurisdictional Practice Protocol for the purpose of compensating any person who sustains a financial loss arising from the misappropriation of money or other property by a person authorized to practise law in any province or territory of Canada while the person is engaged in the inter-provincial practice of law. Interpretation: “Inter-Jurisdictional Practice Protocol” (4) In subsection (3), “Inter-Jurisdictional Practice Protocol” means the agreement, as amended from time to time, entered into in and between 1994 and 1996 by the Society, the Law Society of British Columbia, The Law Society of Alberta, the Law Society of Saskatchewan, The Law Society of Manitoba, the Barreau du Québec, the Chambre des Notaires du Québec, The 38 Law Society of New Brunswick, the Law Society of Prince Edward Island, the Nova Scotia Barristers Society and the Law Society of Newfoundland in respect of the inter-provincial practice of law. Application of Act, etc. 37. (1) The Act, the regulations, the by-laws, the rules of practice and procedure and the rules of professional conduct for licensees who hold a Class L1 licence apply, with necessary modifications, to a person who practises law in Ontario under this Part, other than a person who practises law in Ontario under this Part, (a) as a counsel in a proceeding in the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, a tribunal established under an Act of Parliament, a service tribunal within the meaning of the National Defence Act (Canada) or the Court Martial Appeal Court of Canada; or (b) as counsel to a court or tribunal mentioned in clause (a). Conflict (2) In the event of a conflict between the provisions of this Part and the provisions of any other by-law, the provisions of this Part prevail. Proof of Compliance 38. (1) A person who is not a licensee and who purports to practise law in Ontario under this Part shall, upon the request of the Society and by not later than the day specified by the Society, provide proof to the satisfaction of the Society that he or she is in compliance with this Part. Deemed failure to comply (2) If the person fails to provide proof to the Society by the day specified by the Society, the person shall be deemed not to be in compliance with this Part. Disclosure of information 39. (1) If a licensee is the subject of an investigation or a proceeding at the instance of the governing body of the legal profession in a province or territory of Canada outside Ontario arising from the licensee’s inter-provincial practice of law in the province or territory, the Society may, at the request of the governing body, provide to it such information in respect of the licensee as is reasonable for the Society to provide in the circumstances. Same 39 (2) The Society may provide to the governing body of the legal profession in a province or territory of Canada outside Ontario information in respect of a licensee necessary to permit the governing body to determine if the licensee qualifies to practise law on an occasional basis, or on more than an occasional but less than a regular basis, in the province or territory. PRIOR PERMISSION TO PRACTISE LAW Application of section 40. (1) This section applies to a person if the prior permission of the Society is required for the person to practise law in Ontario under a section in this Part. Application for permission (2) A person who requires prior permission to practise law in Ontario under a section in this Part shall apply to the Society. Application form and fee (3) An application under subsection (2) shall be contained in a form provided by the Society and shall be accompanied by payment of an application fee, if any. Documents, explanations, releases, etc. (4) For the purposes of assisting the Society to consider an application under subsection (2), an applicant shall provide, (a) to the Society, such documents and explanations as may be required; and (b) to a person named by the Society, such releases, directions and consent as may be required to permit the person to make available to the Society such information as may be required. Application to be considered by Society (5) Every application under subsection (2) shall be considered by the Society. Decision on application (5.1) After considering an application under subsection (2), the Society shall determine, in accordance with the relevant section in this Part, that the applicant may practise law in Ontario or may not practise law in Ontario and so notify the applicant in writing. 40 Terms and conditions (6) Permission to practise law in Ontario under a section in this Part granted to a person by the Society may include such terms and conditions as the Society considers appropriate. Application to committee of benchers (7) If the Society refuses to permit a person to practise law in Ontario under a section in this Part or includes terms and conditions in the permission, the person may apply to a committee of benchers appointed for the purpose by Convocation for a determination of whether the person may practise law in Ontario under the section or of whether the terms and conditions are appropriate. Time for application (8) An application under subsection (7) shall be commenced by the applicant notifying the Society in writing of the application within thirty days after the day the applicant receives notice of the Society’s refusal to permit the applicant to practise law in Ontario under a section in this Part. Parties (9) The parties to an application under subsection (7) are the applicant and the Society. Quorum (10) An application under subsection (7) shall be considered and determined by at least three members of the committee of benchers. Procedure (11) The rules of practice and procedure apply, with necessary modifications, to the consideration by the committee of benchers of an application under subsection (7) as if the consideration of the application were the hearing of an application for a licence under section 27 of the Act. Same (12) Where the rules of practice and procedure are silent with respect to a matter of procedure, the Statutory Powers Procedure Act applies to the consideration by the committee of benchers of an application under subsection (7). Decision on application 41 (13) After considering an application under subsection (7), the committee of benchers shall determine, in accordance with the relevant section in this Part, that, (a) the applicant may practise law in Ontario or may not practise law in Ontario; or (b) the terms and conditions included by the Society in its permission to practise law in Ontario are or are not appropriate. Terms and conditions (14) Permission to practise law in Ontario under a section in this Part granted to a person by the committee of benchers, or a decision with respect to the terms and conditions included by the Society in its permission to practise law in Ontario, may include such terms and conditions as the committee of benchers considers appropriate. Decision final (15) The decision of the committee of benchers on an application under subsection (7) is final. Duration of permission (16) Permission to practise law in Ontario under a section in this Part granted to a person remains in effect until December 31 of the year in which permission is granted, unless otherwise provided for in this Part. Permission automatically withdrawn (17) Permission to practise law in Ontario under a section in this Part granted to a person is automatically withdrawn immediately the person, (a) does not meet the requirements, if any, for permission to practise law in Ontario under the section; (b) ceases to have authority to practise law in a province or territory of Canada outside Ontario on the basis of which authority the person was granted permission to practise law in Ontario under the section; (c) does not comply with clause 36 (1) (a); (d) is the subject of an order made against the person by any tribunal of the governing body of the legal profession in any province and territory of Canada in which the person is authorized to practise law, 42 (i) revoking the person’s authorization to practise law, or (ii) suspending the person’s authorization to practise law; or (e) practises law in Ontario in contravention of this Part. Permission withdrawn (17.1) Permission to practise law in Ontario under a section in this Part granted to a person may be withdrawn by the Society if the Society determines that continued permission to practise law in Ontario would be contrary to the public interest. Application to committee of benchers (17.2) If the Society, under subsection (17.1) withdraws a person’s permission to practise law in Ontario under a section in this Part, the person may apply to a committee of benchers appointed for the purpose by Convocation for a determination of whether the permission was properly withdrawn. Application of provisions to application to committee (17.3) Subsections (8) to (15) apply, with necessary modifications, to an application under subsection (17.2). Fee to practise law (18) A person permitted to practise law in Ontario under a section in this Part may be required to, and if required to shall, pay a fee, to practise law in Ontario. TEMPORARY PRACTICE OF LAW: LAWYERS FROM BRITISH COLUMBIA, ALBERTA, SASKATCHEWAN, MANITOBA, NEW BRUNSWICK, NOVA SCOTIA, NEWFOUNDLAND AND LABRADOR AND PRINCE EDWARD ISLAND Application of ss 42 to 45 41. Sections 42 to 45 apply to a person if the person is authorized to practise law in any of the following provinces: 1. British Columbia. 2. Alberta. 3. Saskatchewan. 43 4. Manitoba. 5. New Brunswick. 6. Nova Scotia. 7. Newfoundland and Labrador. 8. Prince Edward Island. Definition: “day” 42. (1) In this section and in sections 43 to 45, “day” means a calendar day or part of a calendar day. Interpretation: practice of law (2) In this section and in sections 43 to 45.1, a person practises law in Ontario if the person, (a) performs professional services for others in the capacity of a barrister or solicitor; or (b) gives legal advice to others with respect to the laws of Ontario, the laws of a province or territory of Canada in which the person is authorized to practise law, the laws of Canada or public international law. Interpretation: occasional practice of law (3) In sections 43 to 45, a person practises law in Ontario on an occasional basis if, during a calendar year, the person practises law in Ontario for not more than 100 days. Occasional practice of law: excluded activities (4) Any time spent practising law as a counsel in a proceeding in the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, a tribunal established under an Act of Parliament, a service tribunal within the meaning of the National Defence Act (Canada) or the Court Martial Appeal Court of Canada shall not be included in calculating the maximum number of days a person is entitled to practise law in Ontario under subsection 43 (1) or permitted to practise law in Ontario under section 44. Interpretation: economic nexus (5) For the purposes of sections 43 and 45, subject to subsection (6), a person establishes an economic nexus with Ontario if the person, 44 (a) practises law in Ontario for more than the maximum number of days the person is entitled to practise law in Ontario under section 43 or permitted to practise law in Ontario under section 44, if the person is not granted permission to practise law in Ontario under subsection 45 (1) or (2); (a.1) practises law in Ontario for more than the maximum number of days the person is permitted to practise law in Ontario under subsection 45 (1) or (2); (b) opens an office in Ontario from which to practise law; (c) opens or operates a trust account at a financial institution located in Ontario; (d) receives money in trust for a client other than as permitted under section 45.1; (e) becomes a resident in Ontario; or (f) acts in any other manner inconsistent with practising law in Ontario only on an occasional basis. Same (6) A person does not establish an economic nexus with Ontario only if the person practises law in Ontario from an office in Ontario that is affiliated with a law office in a province or territory of Canada outside Ontario in which the person is authorized to practise law. Occasional practice of law: prior permission not required 43. (1) A person who is not a licensee may, without the prior permission of the Society, practise law in Ontario on an occasional basis if, and so long as, the person, (a) is authorized to practise law in a province named in section 41; (b) is not the subject of a criminal proceeding in any jurisdiction; (c) is not the subject of a conduct, capacity or competence proceeding in any jurisdiction; (d) is not the subject of any order made against the person by a tribunal of the governing body of the legal profession in any jurisdiction in which the person is authorized to practise law that affects the person’s authorization to practise law in the jurisdiction; (e) has no record of any order having been made against the person by a tribunal of the governing body of the legal profession in any jurisdiction in which the person 45 is or was authorized to practise law as a result of a conduct, capacity or competence proceeding, other than an order suspending or limiting the person’s authorization to practise law for failure to pay fees or levies to the governing body, for insolvency or bankruptcy or for any administrative matter; (f) has no terms, conditions, limitations or restrictions on the person’s authorization to practise law in any jurisdiction in which the person is authorized to practise law; and (g) does not establish an economic nexus with Ontario. Same (2) A person who is not a licensee, if and so long as the person is authorized to practise law in a province mentioned in section 41 and does not establish an economic nexus with Ontario, may, without the prior permission of the Society, practise law in Ontario on an occasional basis, (a) as a counsel in a proceeding in the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, a tribunal established under an Act of Parliament, a service tribunal within the meaning of the National Defence Act (Canada) or the Court Martial Appeal Court of Canada; or (b) as counsel to a court or tribunal mentioned in clause (a). Occasional practice of law: prior permission required 44. (1) A person who is not a licensee and who is not entitled to practise law in Ontario on an occasional basis under subsection 43 (1) may, with the prior permission of the Society, practise law in Ontario on an occasional basis. Requirement for permission (2) Permission to practise law in Ontario on an occasional basis under this section shall not be granted if to grant permission to practise law in Ontario on an occasional basis would be contrary to the public interest. Practising on more than an occasional basis 45. (1) A person who is entitled under section 43 to practise law in Ontario on an occasional basis may, with the prior permission of the Society, practise law in Ontario on more than an occasional basis, as permitted by the Society, if, and so long as, the person meets the applicable requirements mentioned in section 43. Same 46 (2) A person who was permitted under section 44 to practise law in Ontario on an occasional basis may, with the prior permission of the Society, practise law in Ontario on more than an occasional basis, as permitted by the Society. Practising on more than an occasional basis: economic nexus established (3) A person who was entitled to practise law in Ontario under section 43 or who was permitted to practise law in Ontario under section 44, subsection (1) or subsection (2), who has established an economic nexus with Ontario and who has applied for a licence to practise law in Ontario as a barrister and solicitor may, with the prior permission of the Society, practise law in Ontario, subject to subsections 40 (17) and (17.1), until the later of, (a) the date the person is granted a licence to practise law in Ontario as a barrister and solicitor; and (b) the effective date of the final decision and order, with respect to the individual's application for a licence to practise law in Ontario as a barrister and solicitor, of the Hearing Division or, if there is an appeal from the decision and order of the Hearing Division, of the Appeal Division. Handling of money 45.1 A person who is entitled to practise law in Ontario under section 43 or who is permitted to practise law in Ontario under section 44 or 45 may, in relation to the person’s practice of law in Ontario, receive money in trust for a client provided that, (a) the person pays the money into a trust account at a financial institution located in a province mentioned in section 41 in which the person is authorized to practise law; or (b) the person pays the money into a trust account that is kept in the name of and operated by a licensee in accordance with By-Law 9 [Financial Transactions and Records] and the money is handled only by the licensee in accordance with ByLaw 9 [Financial Transactions and Records]. TEMPORARY PRACTICE OF LAW: LAWYERS FROM QUEBEC AND THE TERRITORIES OF CANADA Application of ss 47 to 50 46. Sections 47 to 50 apply to a person if, (a) the person is authorized to practise law in Quebec by the Barreau du Québec; or 47 (b) the person is authorized to practise law in any territory of Canada. Interpretation: practice of law 47. (1) In this section and in sections 48 to 51, a person practises law in Ontario if the person, (a) performs professional services for others in the capacity of a barrister or solicitor; or (b) gives legal advice to others with respect to the laws of Ontario, the laws of a province or territory of Canada in which the person is authorized to practise law, the laws of Canada or public international law. Interpretation: occasional practice of law (2) In sections 48 and 49, a person practises law in Ontario on an occasional basis if, during a calendar year, the person practises law in Ontario in respect of not more than ten matters. Occasional practice of law: excluded activities (3) The practice of law in Ontario as a counsel in a proceeding in the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, a tribunal established under an Act of Parliament, a service tribunal within the meaning of the National Defence Act (Canada) or the Court Martial Appeal Court of Canada shall not be included in calculating the ten matters mentioned in subsection (2) for the purposes of subsection 49 (1). Occasional practice of law: prior permission not required 48. A person who is not a licensee, if and so long as the person is authorized to practise law in a province or territory mentioned in section 46, may, without the prior permission of the Society, practise law in Ontario on an occasional basis, (a) as a counsel in a proceeding in the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, a tribunal established under an Act of Parliament, a service tribunal within the meaning of the National Defence Act (Canada) or the Court Martial Appeal Court of Canada; or (b) as counsel to a court or tribunal mentioned in clause (a). Occasional practice of law: prior permission required 48 49. (1) A person who is not a licensee and who is not entitled to practise law in Ontario on an occasional basis under section 48 may, with the prior permission of the Society, practise law in Ontario on an occasional basis if the person, (a) is authorized to practise law in a province or territory mentioned in section 46; (b) is not the subject of any order made against the person by a tribunal of the governing body of the legal profession in each province and territory of Canada outside Ontario in which the person is authorized to practise law; and (c) has no terms, conditions, limitations or restrictions imposed on the person’s authorization to practise law in each province and territory of Canada in which the person is authorized to practise law. Additional requirement for permission (2) Despite subsection (1), permission to practise law in Ontario on an occasional basis under this section shall not be granted if to grant permission to practise law in Ontario on an occasional basis would be contrary to the public interest. Law specific to Ontario: competence 50. (1) A person who is entitled to practise law in Ontario under section 48 or who is permitted to practise law in Ontario under section 49 shall not practise law specific to Ontario unless the person is competent to practise law specific to Ontario. Interpretation: “law specific to Ontario” (2) In subsection (1), “law specific to Ontario” means any substantive or procedural law that applies specifically to Ontario. Handling of money 51. A person who is entitled to practise law in Ontario under section 48 or who is permitted to practise law in Ontario under section 49 may, in relation to the person’s practice of law in Ontario, receive money in trust for a client provided that, (a) any money received is only on account of fees for services not yet rendered for the client and the person immediately pays the money into a trust account at a financial institution located in a province or territory mentioned in section 46 in which the person is authorized to practise law; or (b) the person pays the money into a trust account that is kept in the name of and operated by a licensee in accordance with By-Law 9 [Financial Transactions and 49 Records] and the money is handled only by the licensee in accordance with ByLaw 9 [Financial Transactions and Records]. PRACTICE OF LAW IN ONTARIO BY NOTARIES FROM QUEBEC Permission to practise law in Ontario 52. (1) A person who is not a licensee, who is a member of the Chambre des Notaires du Québec, who is authorized to practise the notarial profession in Quebec and who is of good character may, with the prior permission of the Society, do any of the following: 1. Give a person advice with respect to, i. the laws of Quebec, ii. the laws of Canada, and iii. public international law. 2. Select, draft, complete or revise a document for use in a proceeding with respect to matters concerning the laws of Canada, if the laws of Canada expressly authorize the person to represent a party in the proceeding. 3. Represent a person in a proceeding before an adjudicative body with respect to matters concerning the laws of Canada, if the laws of Canada expressly authorize the person to represent a party in the proceeding. Interpretation: member of the Chambre des Notaires du Québec (2) For the purposes of subsection (1), a member of the Chambre des Notaires du Québec does not include a member who qualified for membership under the Entente entre le Québec et la France en matière de reconnaissance mutuelle des qualifications professionnelles. Additional requirement for permission (3) Despite subsection (1), permission to practise law in Ontario under this section shall not be granted if to grant permission to practise law in Ontario would be contrary to the public interest. RÈGLEMENT ADMINISTRATIF No 4
Not practising law or providing legal services 28. For the purposes of this Act, the following persons shall be deemed not to be practising law or providing legal services: Aboriginal Courtwork Program 1. A person who delivers courtworker services to Aboriginal people through an Aboriginal delivery agency that has contracted with the Government of Ontario or the Government of Canada to deliver courtworker services as part of the Aboriginal Courtwork Program. Other profession or occupation 2. A person whose profession or occupation is not the provision of legal services or the practice of law, who acts in the normal course of carrying on that profession or occupation, excluding representing a person in a proceeding before an adjudicative body. Committee of adjustment 31 3. A person whose profession or occupation is not the provision of legal services or the practice of law, who, on behalf of another person, participates in hearings before a committee of adjustment constituted under section 44 of the Planning Act.
PART V PROVIDING LEGAL SERVICES WITHOUT A LICENCE Interpretation 29. In section 30, “Canadian law student” means an individual who is enrolled in a degree program at a law school in Canada that is accredited by the Society; “licensee firm” means a partnership or other association of licensees, a partnership or association mentioned in Part III of By-Law 7 [Business Entities] or a professional corporation. “Ontario paralegal student” means an individual who is enrolled in a legal services program in Ontario approved by the Minister of Training, Colleges and Universities that is accredited by the Society. Providing Class P1 legal services without a licence 30. The following may, without a licence, provide legal services in Ontario that a licensee who holds a Class P1 licence is authorized to provide: In-house legal services provider 1. An individual, other than a Canadian law student or an Ontario paralegal student, who, i. is employed by a single employer that is not a licensee or a licensee firm, ii. provides the legal services only for and on behalf of the employer, and iii. does not provide any legal services to any person other than the employer.
Legal clinics 2. An individual, other than a Canadian law student or an Ontario paralegal student, who, 32 i. is employed by a clinic, within the meaning of the Legal Aid Services Act, 1998, that is funded by Legal Aid Ontario, ii. provides the legal services through the clinic to the community that the clinic serves and does not otherwise provide legal services, and iii. has professional liability insurance coverage for the provision of the legal services in Ontario that is comparable in coverage and limits to professional liability insurance that is required of a licensee who holds a Class L1 licence. Not-for-profit organizations 3. An individual who, i. is employed by a not-for-profit organization that is established for the purposes of providing the legal services and is funded by the Government of Ontario, the Government of Canada or a municipal government in Ontario, ii. provides the legal services through the organization to the community that the organization serves and does not otherwise provide legal services, and iii. has professional liability insurance coverage for the provision of the legal services in Ontario that is comparable in coverage and limits to professional liability insurance that is required of a licensee who holds a Class L1 licence. Acting for friend or neighbour 4. An individual, i. whose profession or occupation is not and does not include the provision of legal services or the practice of law, ii. who provides the legal services only for and on behalf of a friend or a neighbour, iii. who provides the legal services in respect of not more than three matters per year, and iv. who does not expect and does not receive any compensation, including a fee, gain or reward, direct or indirect, for the provision of the legal services. 33 Acting for family 5. An individual, i. whose profession or occupation is not and does not include the provision of legal services or the practice of law, ii. who provides the legal services only for and on behalf of a related person, within the meaning of the Income Tax Act (Canada), and iii. who does not expect and does not receive any compensation, including a fee, gain or reward, direct or indirect, for the provision of the legal services. Member of Provincial Parliament 6. An individual, i. whose profession or occupation is not and does not include the provision of legal services or the practice of law, ii. who is a member of Provincial Parliament or his or her designated staff, and iii. who provides the legal services for and on behalf of a constituent of the member. Other profession or occupation 7. An individual, i. whose profession or occupation is not the provision of legal services or the practice of law, ii. who provides the legal services only occasionally, iii. who provides the legal services as ancillary to the carrying on of her or his profession or occupation, and iv. who is a member of the the Human Resources Professionals Association of Ontario in the Certified Human Resources Professional category. Interpretation 34 31. (1) In this section, “employer” has the meaning given it in the Workplace Safety and Insurance Act, 1997; “injured workers’ group” means a not-for-profit organization that is funded by the Workplace Safety and Insurance Board to provide specified legal services to workers; “public servant” has the meaning given it in the Public Service of Ontario Act, 2006; “survivor” has the meaning given it in the Workplace Safety and Insurance Act, 1997; “worker” has the meaning given it in the Workplace Safety and Insurance Act, 1997. Office of the Worker Adviser (2) An individual who is a public servant in the service of the Office of the Worker Adviser may, without a licence, provide the following legal services through the Office of the Worker Adviser: 1. Advise a worker, who is not a member of a trade union, or the worker’s survivors of her or his legal interests, rights and responsibilities under the Workplace Safety and Insurance Act, 1997. 2. Act on behalf of a worker, who is not a member of a trade union, or the worker’s survivors in connection with matters and proceedings before the Workplace Safety and Insurance Board or the Workplace Safety and Insurance Appeals Tribunal or related proceedings. Office of the Employer Adviser (3) An individual who is a public servant in the service of the Office of the Employer Adviser may, without a licence, provide the following legal services through the Office of the Employer Adviser: 1. Advise an employer of her, his or its legal interests, rights and responsibilities under the Workplace Safety and Insurance Act, 1997 or any predecessor legislation. 2. Act on behalf of an employer in connection with matters and proceedings before the Workplace Safety and Insurance Board or the Workplace Safety and Insurance Appeals Tribunal or related proceedings. Injured workers’ groups 35 (4) An individual who volunteers in an injured workers’ group may, without a licence, provide the following legal services through the group: 1. Give a worker advice on her or his legal interests, rights or responsibilities under the Workplace Safety and Insurance Act, 1997. 2. Act on behalf of a worker in connection with matters and proceedings before the Workplace Safety and Insurance Board or the Workplace Safety and Insurance Appeals Tribunal or related proceedings. Interpretation 32. (1) In this section, “dependants” means each of the following persons who were wholly or partly dependent upon the earnings of a member of a trade union at the time of the member’s death or who, but for the member’s incapacity due to an accident, would have been so dependent: 1. Parent, stepparent or person who stood in the role of parent to the member. 2. Sibling or half-sibling. 3. Grandparent. 4. Grandchild; “survivor” means a spouse, child or dependant of a deceased member of a trade union; “workplace” means, (a) in the case of a former member of a trade union, a workplace of the former member when he or she was a member of the trade union; and (b) in the case of a survivor, a workplace of the deceased member when he or she was a member of the trade union. Trade unions
(2) An employee of a trade union, a volunteer representative of a trade union or an individual designated by the Ontario Federation of Labour may, without a licence, provide the following legal services to the union, a member of the union, a former member of the union or a survivor: 1. Give the person advice on her, his or its legal interests, rights or responsibilities in connection with a workplace issue or dispute. 36 2. Act on behalf of the person in connection with a workplace issue or dispute or a related proceeding before an adjudicative body other than a federal or provincial court. 3. Despite paragraph 2, act on behalf of the person in enforcing benefits payable under a collective agreement before the Small Claims Court. 33. [Revoked.] Provision of legal services by student 34. A student may, without a licence, provide legal services in Ontario under the direct supervision of a licensee who holds a Class L1 licence who is approved by the Society while, (a) in service under articles of clerkship; or (b) completing a work placement in the law practice program.
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Providing Class P1 legal services without a licence 30. The following may, without a licence, provide legal services in Ontario that a licensee who holds a Class P1 licence is authorized to provide: In-house legal services provider 1. An individual, other than a Canadian law student or an Ontario paralegal student, who, i. is employed by a single employer that is not a licensee or a licensee firm, ii. provides the legal services only for and on behalf of the employer, and iii. does not provide any legal services to any person other than the employer.Corporate activities authorized. Activities authorized (2) Subject to any terms, conditions, limitations or restrictions imposed on the class of licence or on the licensee and subject to any order made under the Act, a licensee who holds a Class P1 licence is authorized to do any of the following: 1. Give a party advice on his, her or its legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding. 2. Represent a party before, i. in the case of a proceeding in the Small Claims Court, before the Small Claims Court, ii. in the case of a proceeding under the Provincial Offences Act, before the Ontario Court of Justice, iii in the case of a proceeding under the Criminal Code, before a summary conviction court, iv. in the case of a proceeding before a tribunal established under an Act of the Legislature of Ontario or under an Act of Parliament, before the tribunal, and v. in the case of a proceeding before a person dealing with a claim or a matter related to a claim, before the person. 3. Anything mentioned in subsection 1 (7) of the Act, provided the activity is required by the rules of procedure governing a proceeding. 4. Select, draft, complete or revise, or assist in the selection, drafting, completion or revision of, a document for use in a proceeding. 5. Negotiate a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding. 8 6. Select, draft, complete or revise, or assist in the selection, drafting, completion or revision of, a document that affects a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.
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PART VI PRACTISING LAW WITHOUT A LICENCE Practising law without a licence 35. The following may, without a licence, practise law in Ontario: 1. An individual who, i. is authorized under Part VII of this By-Law to practise law in Ontario, and ii. practises law in Ontario in accordance and in compliance with Part VII of this By-Law. 2. An individual, i. who is authorized to practise law in a jurisdiction outside Ontario, and ii. whose practice of law in Ontario is limited to practising law as counsel to a party to a commercial arbitration that is conducted in Ontario and that is 37 “international” within the meaning prescribed by the International Commercial Arbitration Act. PART VII INTER-PROVINCIAL PRACTICE OF LAW GENERAL Insurance and defalcation coverage 36. (1) No person shall practise law in Ontario under this Part unless the person, (a) has professional liability insurance for the person’s practice of law in Ontario which is reasonably comparable in coverage and limits to professional liability insurance that is required of a licensee who holds a Class L1 licence; and (b) has coverage for defalcations, other than the National Excess Plan, which specifically extends to the person’s practice of law in Ontario and is at least equivalent to the coverage available to a licensee who holds a Class L1 licence. Insurance: exemption (2) A person is exempt from the requirement contained in clause (1) (a) if the person meets any of the requirements for exemption from payment of insurance premium levies specified in By-Law 6 for licensees who hold a Class L1 licence. Interpretation: “National Excess Plan” (3) In clause (1) (b), “National Excess Plan” means the plan established under the Inter-Jurisdictional Practice Protocol for the purpose of compensating any person who sustains a financial loss arising from the misappropriation of money or other property by a person authorized to practise law in any province or territory of Canada while the person is engaged in the inter-provincial practice of law. Interpretation: “Inter-Jurisdictional Practice Protocol” (4) In subsection (3), “Inter-Jurisdictional Practice Protocol” means the agreement, as amended from time to time, entered into in and between 1994 and 1996 by the Society, the Law Society of British Columbia, The Law Society of Alberta, the Law Society of Saskatchewan, The Law Society of Manitoba, the Barreau du Québec, the Chambre des Notaires du Québec, The 38 Law Society of New Brunswick, the Law Society of Prince Edward Island, the Nova Scotia Barristers Society and the Law Society of Newfoundland in respect of the inter-provincial practice of law. Application of Act, etc. 37. (1) The Act, the regulations, the by-laws, the rules of practice and procedure and the rules of professional conduct for licensees who hold a Class L1 licence apply, with necessary modifications, to a person who practises law in Ontario under this Part, other than a person who practises law in Ontario under this Part, (a) as a counsel in a proceeding in the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, a tribunal established under an Act of Parliament, a service tribunal within the meaning of the National Defence Act (Canada) or the Court Martial Appeal Court of Canada; or (b) as counsel to a court or tribunal mentioned in clause (a). Conflict (2) In the event of a conflict between the provisions of this Part and the provisions of any other by-law, the provisions of this Part prevail. Proof of Compliance 38. (1) A person who is not a licensee and who purports to practise law in Ontario under this Part shall, upon the request of the Society and by not later than the day specified by the Society, provide proof to the satisfaction of the Society that he or she is in compliance with this Part. Deemed failure to comply (2) If the person fails to provide proof to the Society by the day specified by the Society, the person shall be deemed not to be in compliance with this Part. Disclosure of information 39. (1) If a licensee is the subject of an investigation or a proceeding at the instance of the governing body of the legal profession in a province or territory of Canada outside Ontario arising from the licensee’s inter-provincial practice of law in the province or territory, the Society may, at the request of the governing body, provide to it such information in respect of the licensee as is reasonable for the Society to provide in the circumstances. Same 39 (2) The Society may provide to the governing body of the legal profession in a province or territory of Canada outside Ontario information in respect of a licensee necessary to permit the governing body to determine if the licensee qualifies to practise law on an occasional basis, or on more than an occasional but less than a regular basis, in the province or territory. PRIOR PERMISSION TO PRACTISE LAW Application of section 40. (1) This section applies to a person if the prior permission of the Society is required for the person to practise law in Ontario under a section in this Part. Application for permission (2) A person who requires prior permission to practise law in Ontario under a section in this Part shall apply to the Society. Application form and fee (3) An application under subsection (2) shall be contained in a form provided by the Society and shall be accompanied by payment of an application fee, if any. Documents, explanations, releases, etc. (4) For the purposes of assisting the Society to consider an application under subsection (2), an applicant shall provide, (a) to the Society, such documents and explanations as may be required; and (b) to a person named by the Society, such releases, directions and consent as may be required to permit the person to make available to the Society such information as may be required. Application to be considered by Society (5) Every application under subsection (2) shall be considered by the Society. Decision on application (5.1) After considering an application under subsection (2), the Society shall determine, in accordance with the relevant section in this Part, that the applicant may practise law in Ontario or may not practise law in Ontario and so notify the applicant in writing. 40 Terms and conditions (6) Permission to practise law in Ontario under a section in this Part granted to a person by the Society may include such terms and conditions as the Society considers appropriate. Application to committee of benchers (7) If the Society refuses to permit a person to practise law in Ontario under a section in this Part or includes terms and conditions in the permission, the person may apply to a committee of benchers appointed for the purpose by Convocation for a determination of whether the person may practise law in Ontario under the section or of whether the terms and conditions are appropriate. Time for application (8) An application under subsection (7) shall be commenced by the applicant notifying the Society in writing of the application within thirty days after the day the applicant receives notice of the Society’s refusal to permit the applicant to practise law in Ontario under a section in this Part. Parties (9) The parties to an application under subsection (7) are the applicant and the Society. Quorum (10) An application under subsection (7) shall be considered and determined by at least three members of the committee of benchers. Procedure (11) The rules of practice and procedure apply, with necessary modifications, to the consideration by the committee of benchers of an application under subsection (7) as if the consideration of the application were the hearing of an application for a licence under section 27 of the Act. Same (12) Where the rules of practice and procedure are silent with respect to a matter of procedure, the Statutory Powers Procedure Act applies to the consideration by the committee of benchers of an application under subsection (7). Decision on application 41 (13) After considering an application under subsection (7), the committee of benchers shall determine, in accordance with the relevant section in this Part, that, (a) the applicant may practise law in Ontario or may not practise law in Ontario; or (b) the terms and conditions included by the Society in its permission to practise law in Ontario are or are not appropriate. Terms and conditions (14) Permission to practise law in Ontario under a section in this Part granted to a person by the committee of benchers, or a decision with respect to the terms and conditions included by the Society in its permission to practise law in Ontario, may include such terms and conditions as the committee of benchers considers appropriate. Decision final (15) The decision of the committee of benchers on an application under subsection (7) is final. Duration of permission (16) Permission to practise law in Ontario under a section in this Part granted to a person remains in effect until December 31 of the year in which permission is granted, unless otherwise provided for in this Part. Permission automatically withdrawn (17) Permission to practise law in Ontario under a section in this Part granted to a person is automatically withdrawn immediately the person, (a) does not meet the requirements, if any, for permission to practise law in Ontario under the section; (b) ceases to have authority to practise law in a province or territory of Canada outside Ontario on the basis of which authority the person was granted permission to practise law in Ontario under the section; (c) does not comply with clause 36 (1) (a); (d) is the subject of an order made against the person by any tribunal of the governing body of the legal profession in any province and territory of Canada in which the person is authorized to practise law, 42 (i) revoking the person’s authorization to practise law, or (ii) suspending the person’s authorization to practise law; or (e) practises law in Ontario in contravention of this Part. Permission withdrawn (17.1) Permission to practise law in Ontario under a section in this Part granted to a person may be withdrawn by the Society if the Society determines that continued permission to practise law in Ontario would be contrary to the public interest. Application to committee of benchers (17.2) If the Society, under subsection (17.1) withdraws a person’s permission to practise law in Ontario under a section in this Part, the person may apply to a committee of benchers appointed for the purpose by Convocation for a determination of whether the permission was properly withdrawn. Application of provisions to application to committee (17.3) Subsections (8) to (15) apply, with necessary modifications, to an application under subsection (17.2). Fee to practise law (18) A person permitted to practise law in Ontario under a section in this Part may be required to, and if required to shall, pay a fee, to practise law in Ontario. TEMPORARY PRACTICE OF LAW: LAWYERS FROM BRITISH COLUMBIA, ALBERTA, SASKATCHEWAN, MANITOBA, NEW BRUNSWICK, NOVA SCOTIA, NEWFOUNDLAND AND LABRADOR AND PRINCE EDWARD ISLAND Application of ss 42 to 45 41. Sections 42 to 45 apply to a person if the person is authorized to practise law in any of the following provinces: 1. British Columbia. 2. Alberta. 3. Saskatchewan. 43 4. Manitoba. 5. New Brunswick. 6. Nova Scotia. 7. Newfoundland and Labrador. 8. Prince Edward Island. Definition: “day” 42. (1) In this section and in sections 43 to 45, “day” means a calendar day or part of a calendar day. Interpretation: practice of law (2) In this section and in sections 43 to 45.1, a person practises law in Ontario if the person, (a) performs professional services for others in the capacity of a barrister or solicitor; or (b) gives legal advice to others with respect to the laws of Ontario, the laws of a province or territory of Canada in which the person is authorized to practise law, the laws of Canada or public international law. Interpretation: occasional practice of law (3) In sections 43 to 45, a person practises law in Ontario on an occasional basis if, during a calendar year, the person practises law in Ontario for not more than 100 days. Occasional practice of law: excluded activities (4) Any time spent practising law as a counsel in a proceeding in the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, a tribunal established under an Act of Parliament, a service tribunal within the meaning of the National Defence Act (Canada) or the Court Martial Appeal Court of Canada shall not be included in calculating the maximum number of days a person is entitled to practise law in Ontario under subsection 43 (1) or permitted to practise law in Ontario under section 44. Interpretation: economic nexus (5) For the purposes of sections 43 and 45, subject to subsection (6), a person establishes an economic nexus with Ontario if the person, 44 (a) practises law in Ontario for more than the maximum number of days the person is entitled to practise law in Ontario under section 43 or permitted to practise law in Ontario under section 44, if the person is not granted permission to practise law in Ontario under subsection 45 (1) or (2); (a.1) practises law in Ontario for more than the maximum number of days the person is permitted to practise law in Ontario under subsection 45 (1) or (2); (b) opens an office in Ontario from which to practise law; (c) opens or operates a trust account at a financial institution located in Ontario; (d) receives money in trust for a client other than as permitted under section 45.1; (e) becomes a resident in Ontario; or (f) acts in any other manner inconsistent with practising law in Ontario only on an occasional basis. Same (6) A person does not establish an economic nexus with Ontario only if the person practises law in Ontario from an office in Ontario that is affiliated with a law office in a province or territory of Canada outside Ontario in which the person is authorized to practise law. Occasional practice of law: prior permission not required 43. (1) A person who is not a licensee may, without the prior permission of the Society, practise law in Ontario on an occasional basis if, and so long as, the person, (a) is authorized to practise law in a province named in section 41; (b) is not the subject of a criminal proceeding in any jurisdiction; (c) is not the subject of a conduct, capacity or competence proceeding in any jurisdiction; (d) is not the subject of any order made against the person by a tribunal of the governing body of the legal profession in any jurisdiction in which the person is authorized to practise law that affects the person’s authorization to practise law in the jurisdiction; (e) has no record of any order having been made against the person by a tribunal of the governing body of the legal profession in any jurisdiction in which the person 45 is or was authorized to practise law as a result of a conduct, capacity or competence proceeding, other than an order suspending or limiting the person’s authorization to practise law for failure to pay fees or levies to the governing body, for insolvency or bankruptcy or for any administrative matter; (f) has no terms, conditions, limitations or restrictions on the person’s authorization to practise law in any jurisdiction in which the person is authorized to practise law; and (g) does not establish an economic nexus with Ontario. Same (2) A person who is not a licensee, if and so long as the person is authorized to practise law in a province mentioned in section 41 and does not establish an economic nexus with Ontario, may, without the prior permission of the Society, practise law in Ontario on an occasional basis, (a) as a counsel in a proceeding in the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, a tribunal established under an Act of Parliament, a service tribunal within the meaning of the National Defence Act (Canada) or the Court Martial Appeal Court of Canada; or (b) as counsel to a court or tribunal mentioned in clause (a). Occasional practice of law: prior permission required 44. (1) A person who is not a licensee and who is not entitled to practise law in Ontario on an occasional basis under subsection 43 (1) may, with the prior permission of the Society, practise law in Ontario on an occasional basis. Requirement for permission (2) Permission to practise law in Ontario on an occasional basis under this section shall not be granted if to grant permission to practise law in Ontario on an occasional basis would be contrary to the public interest. Practising on more than an occasional basis 45. (1) A person who is entitled under section 43 to practise law in Ontario on an occasional basis may, with the prior permission of the Society, practise law in Ontario on more than an occasional basis, as permitted by the Society, if, and so long as, the person meets the applicable requirements mentioned in section 43. Same 46 (2) A person who was permitted under section 44 to practise law in Ontario on an occasional basis may, with the prior permission of the Society, practise law in Ontario on more than an occasional basis, as permitted by the Society. Practising on more than an occasional basis: economic nexus established (3) A person who was entitled to practise law in Ontario under section 43 or who was permitted to practise law in Ontario under section 44, subsection (1) or subsection (2), who has established an economic nexus with Ontario and who has applied for a licence to practise law in Ontario as a barrister and solicitor may, with the prior permission of the Society, practise law in Ontario, subject to subsections 40 (17) and (17.1), until the later of, (a) the date the person is granted a licence to practise law in Ontario as a barrister and solicitor; and (b) the effective date of the final decision and order, with respect to the individual's application for a licence to practise law in Ontario as a barrister and solicitor, of the Hearing Division or, if there is an appeal from the decision and order of the Hearing Division, of the Appeal Division. Handling of money 45.1 A person who is entitled to practise law in Ontario under section 43 or who is permitted to practise law in Ontario under section 44 or 45 may, in relation to the person’s practice of law in Ontario, receive money in trust for a client provided that, (a) the person pays the money into a trust account at a financial institution located in a province mentioned in section 41 in which the person is authorized to practise law; or (b) the person pays the money into a trust account that is kept in the name of and operated by a licensee in accordance with By-Law 9 [Financial Transactions and Records] and the money is handled only by the licensee in accordance with ByLaw 9 [Financial Transactions and Records]. TEMPORARY PRACTICE OF LAW: LAWYERS FROM QUEBEC AND THE TERRITORIES OF CANADA Application of ss 47 to 50 46. Sections 47 to 50 apply to a person if, (a) the person is authorized to practise law in Quebec by the Barreau du Québec; or 47 (b) the person is authorized to practise law in any territory of Canada. Interpretation: practice of law 47. (1) In this section and in sections 48 to 51, a person practises law in Ontario if the person, (a) performs professional services for others in the capacity of a barrister or solicitor; or (b) gives legal advice to others with respect to the laws of Ontario, the laws of a province or territory of Canada in which the person is authorized to practise law, the laws of Canada or public international law. Interpretation: occasional practice of law (2) In sections 48 and 49, a person practises law in Ontario on an occasional basis if, during a calendar year, the person practises law in Ontario in respect of not more than ten matters. Occasional practice of law: excluded activities (3) The practice of law in Ontario as a counsel in a proceeding in the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, a tribunal established under an Act of Parliament, a service tribunal within the meaning of the National Defence Act (Canada) or the Court Martial Appeal Court of Canada shall not be included in calculating the ten matters mentioned in subsection (2) for the purposes of subsection 49 (1). Occasional practice of law: prior permission not required 48. A person who is not a licensee, if and so long as the person is authorized to practise law in a province or territory mentioned in section 46, may, without the prior permission of the Society, practise law in Ontario on an occasional basis, (a) as a counsel in a proceeding in the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, a tribunal established under an Act of Parliament, a service tribunal within the meaning of the National Defence Act (Canada) or the Court Martial Appeal Court of Canada; or (b) as counsel to a court or tribunal mentioned in clause (a). Occasional practice of law: prior permission required 48 49. (1) A person who is not a licensee and who is not entitled to practise law in Ontario on an occasional basis under section 48 may, with the prior permission of the Society, practise law in Ontario on an occasional basis if the person, (a) is authorized to practise law in a province or territory mentioned in section 46; (b) is not the subject of any order made against the person by a tribunal of the governing body of the legal profession in each province and territory of Canada outside Ontario in which the person is authorized to practise law; and (c) has no terms, conditions, limitations or restrictions imposed on the person’s authorization to practise law in each province and territory of Canada in which the person is authorized to practise law. Additional requirement for permission (2) Despite subsection (1), permission to practise law in Ontario on an occasional basis under this section shall not be granted if to grant permission to practise law in Ontario on an occasional basis would be contrary to the public interest. Law specific to Ontario: competence 50. (1) A person who is entitled to practise law in Ontario under section 48 or who is permitted to practise law in Ontario under section 49 shall not practise law specific to Ontario unless the person is competent to practise law specific to Ontario. Interpretation: “law specific to Ontario” (2) In subsection (1), “law specific to Ontario” means any substantive or procedural law that applies specifically to Ontario. Handling of money 51. A person who is entitled to practise law in Ontario under section 48 or who is permitted to practise law in Ontario under section 49 may, in relation to the person’s practice of law in Ontario, receive money in trust for a client provided that, (a) any money received is only on account of fees for services not yet rendered for the client and the person immediately pays the money into a trust account at a financial institution located in a province or territory mentioned in section 46 in which the person is authorized to practise law; or (b) the person pays the money into a trust account that is kept in the name of and operated by a licensee in accordance with By-Law 9 [Financial Transactions and 49 Records] and the money is handled only by the licensee in accordance with ByLaw 9 [Financial Transactions and Records]. PRACTICE OF LAW IN ONTARIO BY NOTARIES FROM QUEBEC Permission to practise law in Ontario 52. (1) A person who is not a licensee, who is a member of the Chambre des Notaires du Québec, who is authorized to practise the notarial profession in Quebec and who is of good character may, with the prior permission of the Society, do any of the following: 1. Give a person advice with respect to, i. the laws of Quebec, ii. the laws of Canada, and iii. public international law. 2. Select, draft, complete or revise a document for use in a proceeding with respect to matters concerning the laws of Canada, if the laws of Canada expressly authorize the person to represent a party in the proceeding. 3. Represent a person in a proceeding before an adjudicative body with respect to matters concerning the laws of Canada, if the laws of Canada expressly authorize the person to represent a party in the proceeding. Interpretation: member of the Chambre des Notaires du Québec (2) For the purposes of subsection (1), a member of the Chambre des Notaires du Québec does not include a member who qualified for membership under the Entente entre le Québec et la France en matière de reconnaissance mutuelle des qualifications professionnelles. Additional requirement for permission (3) Despite subsection (1), permission to practise law in Ontario under this section shall not be granted if to grant permission to practise law in Ontario would be contrary to the public interest. RÈGLEMENT ADMINISTRATIF No 4
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