Canadian lawyers who wish to practise law in BC on an occasional basis will wish to review the provisions that govern temporary practice. For information on transferring permanently to the British Columbia, see Transfers.

BC lawyers seeking to practise elsewhere in the country, either temporarily or permanently, should consult the law society in the jurisdiction in which they wish to practise. The requirements may differ, depending on whether or not the other jurisdiction is a signatory to the National Mobility Agreement and has implemented rules under that agreement.

These are some of the most frequently asked questions on temporary practice in BC:

Can lawyers from other provinces practise law in British Columbia?

All Canadian law societies have provisions to allow the inter-jurisdictional practice of lawyers. This includes provisions for:

• temporary practice: a lawyer called to the bar in one Canadian province or territory may provide legal services temporarily in or with respect to the law of another province or territory; and
  
  
• transfer: a lawyer called to the bar in one province or territory may be called to the bar of another province or territory: see Transfers.

In BC, the rules addressing temporary inter-jurisdictional practice are based on agreements negotiated among members of the Federation of Law Societies of Canada. The Law Society of BC is a signatory to those agreements, which are:

• the Inter-Jurisdictional Practice Protocol (signed 1994; Rules approved in British Columbia in 1999); and
  
• the National Mobility Agreement (signed December, 2002; Rules approved in British Columbia in May, 2003 and in effect July 1, 2003 ).

The main provisions dealing with temporary practice in British Columbia are Law Society Rules 2-10.1 to 2-17.1. These rules spell out different provisions depending on what jurisdiction the visiting lawyer is from.

Certain rules apply only to visiting lawyers who are "entitled to practise law" in a reciprocating jurisdiction. A reciprocating jurisdiction is one that has signed the National Mobility Agreement and adopted regulatory provisions giving effect to the requirements of the agreement. At present, the reciprocating jurisdictions are British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, New Brunswick, Newfoundland and Prince Edward Island.

The Barreau du Quebec has also signed the agreement, but has not yet adopted rules to implement it.

The following jurisdictions have not signed the National Mobility Agreement: the Chambre des Notaires in Quebec and the three territories Nunavut, Northwest Territories and Yukon.

Because the National Mobility Agreement is a reciprocal agreement, for a lawyer to benefit from the provisions of the agreement, both the lawyer's home law society and the law society in the jurisdiction in which the lawyer wishes to practise must both have signed and implemented the agreement. If one of the jurisdictions is non-reciprocating, different rules apply.

You may be eligible to practise temporarily in BC, with or without a permit.

Law Society Rule 2-10.2 governs who may practise temporarily in BC without a permit. If you are a visiting lawyer who is entitled to practise law in a reciprocating jurisdiction, you may be eligible to practise in BC without a permit for up to 100 business days in any calendar year. If you are a visiting lawyer from a non-reciprocating jurisdiction, you may be eligible to practise in BC without a permit on up to 10 legal matters and for up to 20 business days in total during any 12-month period.

To be eligible to practise temporarily in BC without a permit under Rule 2-10.2, you must:

• be entitled to practise law in a province or territory of Canada outside of BC;
  
  
• carry professional liability insurance that is comparable in coverage and limits to that required of BC lawyers under Rule 3-21(1) and that extends to your temporary practice in BC;
  
  
• have defalcation compensation coverage from a governing body that extends to your temporary practice in BC;
  
  
• not be subject to conditions or restrictions on your practice or membership in the governing body in any jurisdiction imposed as a result of or in connection with proceedings related to discipline, competency or capacity;
  
  
• not be the subject of criminal or disciplinary proceedings in any jurisdiction;
  
  
• have no disciplinary record in any jurisdiction; and
  
  
• not have established an economic nexus with British Columbia , as defined by Rule 2-10.21.

If you are ineligible for mobility under these provisions, you must apply for an inter-jurisdictional practice permit under Rule 2-11 to practise law temporarily in BC. See below for details on how you can make this application.

Some provinces and territories use the term "entitled to practise law." Others may use "authorized to practise." In both cases, this means that as a prerequisite to being eligible to practise law temporarily in BC, you must first meet the requirements of your home law society to be entitled or authorized to practise law.

For example, if you are required to have insurance in your home jurisdiction to be considered entitled to practise, and you do not currently have insurance, you are not entitled to practise law in BC on a temporary basis under Rule 2-10.2. If you wish to take advantage of this rule in BC, you must become entitled (authorized) to practise in your home jurisdiction.

If you are a lawyer from a reciprocating jurisdiction who is eligible to practise without a permit, you may practise law in BC on an occasional basis for not more than 100 business days in a calendar year.

"Business day" is defined to include a weekend day, a statutory holiday and any part of a day. The onus is on you to keep a record of the days on which you practise law on an occasional basis in BC, or with respect to the law of BC. The Law Society may require you to provide proof of compliance with the Rule, including proof of the number of days on which you have practised law on an occasional basis in BC.

Yes, with the permission of the Law Society. You must apply for an extension to the Law Society before the end of the 100 days.

For the purposes of Rule 2-10.2, you will be considered to be providing legal services in BC if:

• you perform professional services for others as a barrister or solicitor with respect to or relying on the laws of BC or the laws of Canada applicable to BC; or
• you give legal advice with respect to the laws of BC or the laws of Canada applicable to BC.

This means that you could be practising law in BC whether or not you are physically in the province. For example, if you are giving legal advice with respect to the laws of BC on the telephone, by email or through correspondence from a province outside of BC, you are considered to be practising law in BC. You must therefore keep track of all of these activities.

It also means that you are providing legal services in BC if you do so with respect to the laws of Canada applicable to BC. For example, lawyers employed by the Government of Canada who perform professional services as barristers or solicitors or give legal advice with respect to or relying on the laws of Canada applicable to BC are subject to Rule 2-10.2. So are lawyers who practise law on an occasional basis for a single employer (corporate counsel).

You will not be considered to be practising law in BC for the purposes of the Law Society Rules if you perform professional services or give advice solely on the law of another province.

In addition, you will not be required to include in your calculation of the 100 days any time spent practising law as counsel in a proceeding in:

• the Supreme Court of Canada;
• the Federal Court of Canada;
• the Tax Court of Canada;
• a federal administrative tribunal;
• a service tribunal within the meaning of the National Defence Act ( Canada ); or
• the Court Martial Appeal Court of Canada.

Time spent preparing for the court or tribunal appearance, or otherwise furthering the matter, also need not be counted.

An economic nexus with BC is established if, when practising law on an occasional basis in BC, you do something that is inconsistent with practising law only on an occasional basis: see Rule 2-10.21. If this kind of connection is established, you must cease practising law in BC immediately, but you may apply to become a member of the Law Society of BC (see Transfers).

For example, you would establish an economic nexus with BC by any of the following:

• practising law in BC for more than the maximum number of days permitted under Rule 2-10.2;
• opening an office in BC from which to practise law;
• opening or operating a trust account at a financial institution located in BC;
• receiving money in trust for client, other than as set out in Rule 2-16
• holding yourself out as willing to accept new clients in BC;
• becoming resident in BC; or
• otherwise acting in any manner inconsistent with practising law in BC only on an occasional basis.

You are no longer eligible to practise law on an occasional basis in BC and must cease doing so immediately. You may, however, apply to become a member of the Law Society of BC (see Transfers), or for an inter-jurisdictional practice permit (see below).

The Rules provide that you do not establish an economic nexus by reason only that you practise law from an office that is affiliated with a law office in a province or territory of Canada in which you are authorized to practise law: see Law Society Rule 2-10.21(3).

A visiting lawyer who does not qualify to practise law temporarily in BC without a permit under Rule 2-10.2 or is disqualified under Rule 2-10.21 may apply for an inter-jurisdictional practice permit: see Law Society Rule 2-11.

To apply for an inter-jurisdictional practice permit, you must submit to the Law Society:

• Application for Inter-Jurisdictional Practice Permit (PDF | Word);
• an original certificate of standing (long form) from each law society of which you are a member, issued within the previous 30 days;
• a certificate of insurance from your home law society as proof that you carry professional liability insurance that specifically extends to your temporary practice in BC; and
• the permit application fee of $525 ($500 plus GST). (This fee applies if you are from a jurisdiction that charges a fee to BC lawyers for the equivalent of an inter-jurisdictional practice permit.)

If you are a member of a law society that does not charge a fee to BC lawyers for the equivalent permit, you are not required to remit any fee. Please contact your home law society to determine whether it waives fees for BC lawyers on a reciprocal basis.

The Credentials Committee has denied permits when the applicant has a serious discipline record or is the subject of an outstanding complaint in which the circumstances of the complaint may lead the applicant's law society to initiate disciplinary proceedings against him or her. This policy is also reflected in the Federation of Law Societies Inter-Jurisdictional Practice Protocol (February 18, 1994) on temporary mobility:

(4) To engage in the practice of law in this province, a lawyer shall . . . comply with whichever of the following are applicable:

(d) not presently be the subject of criminal or disciplinary proceedings in any jurisdiction;

(e) have no discipline record in any jurisdiction in which the lawyer is or was a member and no criminal record. . .

Applicants who are currently the subject of a disciplinary or competency proceeding should not apply for a permit.

If an inter-jurisdictional practice permit is granted, it is valid for one year from the date it was issued. There is an exception for a visiting lawyer who is not from a reciprocating jurisdiction; in that case, the permit expires on the completion of the legal matter for which the permit was granted.

The permit extends to appearances on the same action or information number throughout, including appeals.

A permit ceases to be valid if the permit holder:

• is not a practising member in good standing of a governing body;
• fails to maintain professional liability insurance coverage; or
• is suspended or disbarred by any governing body.

Prior to the expiry of the permit, permit holders may apply to the Law Society for a one-year renewal of the permit at a cost of $105 ($100 plus GST) by submitting the same documents as on the initial application.

If you are permitted to practise law in BC on an occasional basis, you may receive money in trust for a client provided that you pay the money into a trust account at a financial institution located in the province or territory in which you are a member and authorized to practise law. Alternatively, you may pay the money into a trust account that is kept in the name of and operated by a member of the Law Society of BC in accordance with Rule 2-16.

Yes. You must not hold yourself out to be qualified or willing to practise law in BC except in accordance with the rules governing temporary practice. Any communications, including letterhead, business cards or marketing efforts, must conform to this restriction. You can comply by clearly identifying the governing body or bodies in which you are authorized to practise law.

A third party wishing to make enquiries about a lawyer from another province or territory who is providing legal services in BC can, as a first step, contact the Law Society of BC.

Law societies in Canada that are signatories to the National Mobility Agreement have access to a national registry of lawyers and can respond to basic information requests about visiting lawyers from other provinces. For example, if a member of the public in BC were to enquire about a visiting lawyer from Alberta , the Law Society of BC can consult the database in order to confirm the lawyer's name and his or her practice address, call date and insurance status in Alberta . To obtain further information about the lawyer, the person making the enquiry would need to contact the Law Society of Alberta directly.

You should be aware that some court and correctional facilities in BC require lawyers to provide proof that they are members of the Law Society of BC. It is unlikely they will accept as valid for their purposes proof that you are a member of another law society.

The Legal Profession Act, the Law Society Rules and the Professional Conduct Handbook all apply to you, with necessary modifications.

Lawyers from other jurisdictions visiting BC may not take affidavits in BC for use in BC. The BC Evidence Act , s. 60 states: "The following persons are, because of their office or employment, commissioners for taking affidavits for British Columbia.

• practising lawyers as defined in section 1 of the Legal Profession Act;
• notaries public."

Since s. 1 of the Legal Profession Act defines "practising lawyer" as "a member [of the Law Society of BC] in good standing who holds or is entitled to hold a practising certificate," and since only a "practising lawyer" may exercise the power of a notary public, it is apparent that visiting lawyers may not take oaths in BC for use in BC.

[A BC lawyer, as a commissioner for taking affidavits for British Columbia, has the authority to administer oaths and take affidavits, declarations and affirmations outside of BC for use in BC (see s. 59 and related sections of the BC Evidence Act ).]

Yes, in accordance with the Professional Conduct Handbook.

The law society of the governing body of which you are a member will usually take jurisdiction over the matter, in consultation and cooperation with the Law Society of BC. The Law Society of BC may take jurisdiction if the law society of which you are a member agrees. The primary considerations in making such a decision will be public interest, convenience and cost.

If you have questions regarding temporary practice in BC, please contact:

Member Services
Law Society of British Columbia
8th Floor, 845 Cambie Street
Vancouver, BC V6B 4Z9

Tel.: 604 605-5311
Toll-free in BC: 1-800-903-5300
Fax: 604 687-0135
Email: memberinfo@lsbc.org