CPD Requirement

A. Overview of the CPD Requirement

Continuing professional development (CPD) is defined as the maintenance and enhancement of a lawyer’s or paralegal's professional knowledge, skills, attitudes and professionalism throughout the individual's career. It is a positive tool that benefits lawyers and paralegals and is an essential component of the commitment they make to the public to practise law or provide legal services competently and ethically. The Law Society of Upper Canada has an important role to play in supporting the efforts of lawyers and paralegals to maintain and enhance that competence. It also has a duty to ensure that all persons who practise law or provide legal services in Ontario meet standards of learning, professional competence and professional conduct that are appropriate for the legal services they provide.

Commencing January 1, 2011, lawyers and paralegals who have been practising law or providing legal services for more than 2 years must complete in each calendar year at least 12 hours of CPD in Eligible Educational Activities (PDF). A minimum of 3 of the 12 hours must be on topics related to professional responsibility, ethics and/or practice management ("Professionalism Hours"). Any Professionalism Hours completed in excess of the 3 required Professionalism Hours will be automatically applied to the lawyer’s or paralegal’s Substantive Hours. However, it is important to note that Substantive Hours completed in excess of the required 9 Substantive Hours will not be applied to the lawyer's or paralegal's Professionalism Hours. Only Professionalism Hours must be accredited by the Law Society. The remaining 9 Substantive Hours need not be accredited. Substantive Hours may address substantive or procedural law topics and/or related skills. Non-legal subjects may also be eligible towards Substantive Hours if they are relevant to the lawyer's or paralegal's practice and professional development.

Lawyers and paralegals in the 100% fee-paying category are subject to the requirement. In addition, lawyers and paralegals in other fee categories who are providing legal services to clients, including on a pro bono basis or as a life member, are subject to the requirement. See Fee Categories for more information.

B. CPD Hours for New Members

Beginning in January 2011, new lawyers and paralegals in their first 2 full years of practising law or providing legal services (including those who became licensed after May 31, 2010) are required to take 12 hours per year of accredited CPD programming or activities. All 12 hours must integrate topics related to professional responsibility, ethics and/or practice management ("Professionalism") in order to be eligible for new member CPD Hours. Lawyers and paralegals licensed on or before May 31, 2010 will fulfill the same requirement as experienced members: a minimum of 3 Professionalism Hours and up to 9 Substantive Hours per calendar year. New lawyers and paralegals should note the following:

• A licensee who, on the day on which he or she is licensed to practise law in Ontario as a barrister and solicitor, has practised law in Canada outside Ontario for a period of time exceeding 24 months is exempt from the new member CPD requirement and automatically falls into the "experienced member" group.
• The reporting year is January to December. However, newly licensed lawyers and paralegals may begin accumulating CPD Hours for their first year requirement at any point following their call to the bar or licensing. These hours can be applied to their first calendar year requirement (January to December).
• New lawyers and paralegals are not required to begin taking educational activities immediately after call to the bar or licensing, but this allows a longer period in which to accumulate the required accredited educational activity hours that can be applied to their first calendar year of practice.

C. Eligible Educational Activities

The CPD requirement recognizes a range of Eligible Educational Activities (PDF), including attendance at CPD programs. CPD programs are formal, instruction-based sessions and may be offered by organizations such as education providers, law associations, law firms, government associations and industry groups. In addition, a range of Alternate Eligible Educational Activities are eligible for CPD Hours:

• Participation as a registrant in a college, university or other designated educational institution program, including interactive distance education
• Teaching (to a maximum of 6 hours per year). Actual teaching time will be multiplied by a factor of 3 to reflect preparation time
• Acting as a judge or coach in a mooting competition at the law school level
• Acting as an Articling Principal or mentoring or being mentored or supervising a paralegal field placement (to a maximum of 6 hours per year)
• Writing and editing books or articles (to a maximum of 6 hours per year)
• Participation in study groups of 2 or more colleagues
• Educational components of bar and law association meetings

Eligible activities will not be limited to subject matter dealing primarily with the practice of Ontario or Canadian law. Subject matter related to the law of other provinces and countries and non-legal subjects will be eligible if relevant to the lawyer’s or paralegal's practice and development as a practitioner.

See Eligible Educational Activities (PDF) for more information.

D. Accreditation Process for Professionalism Hours

Only programs and activities for Professionalism Hours (for experienced lawyers and paralegals) and new member CPD Hours must be accredited by the Law Society of Upper Canada. Substantive Hours do not need to be accredited. Education providers and members seeking accreditation of CPD programs and activities must apply to the Law Society at least 30 days in advance of the program or activity. See CPD Accreditation Process for an explanation of accreditation criteria and online application forms.

E. Reporting CPD Hours on the LSUC Portal

Lawyers and paralegals must report their CPD Hours using the online LSUC Portal by December 31 of each calendar year. Lawyers and paralegals can report eligible CPD programs and activities at any time on or before December 31 and are encouraged to report regularly. CPD Hours should be entered into the Portal once an activity or program has been completed.

Access the LSUC Portal now.

F. Activities that are not Eligible for CPD Hours

The following activities are not eligible for CPD Hours:

• Any activity undertaken or developed primarily for purposes of updating or marketing to existing or potential clients.
• Self-study.
• Acting as an adjudicator for a tribunal or board.
• Working as a member of a review or other panel.
• Pro-bono work.
• Marking work for law school or college courses.
• Acting as the chair or member of a tribunal or other institution or board.
• Attendance
  • by benchers at the business portion of Law Society meetings of Convocation or committees;
  • at the business portion of meetings of a legal association's board or committees;
  • at the business portion of Annual General Meetings; or
  • at the launch of any form of legal materials.

G. Exemptions from the CPD Requirement

Lawyers and paralegals who are in the 50% and 25% fee-paying categories for an entire calendar year are automatically exempt from the CPD requirement as long as they do not practise law or provide legal services. Lawyers and paralegals in the 100% fee-paying category who will not be working for part of the calendar year may wish to change their membership status to the 50% or 25% fee-paying categories for that portion of the year. Lawyers and paralegals who change their membership status for a portion of a calendar year will be exempted 1 hour for every full month in which they are in the 50% or 25% fee-paying categories, and will be responsible for completing 1 hour of CPD for every month or partial month in which they are in the 100% fee-paying category, 25% of which must be accredited professionalism content. Lawyers and paralegals who are in the 25%, 50% or Life Member category are required to fulfill  the CPD requirement if they provide legal services. That includes lawyers who provide legal services on a pro bono basis only. See Fee Categories for more information. Status changes may be made online using the LSUC Portal.

Members who remain in the 100% fee-paying category but will not be able to fulfill the CPD requirement may seek an exemption from the requirement in circumstances falling within the Human Rights Code, such as parental leave and illness. Lawyers and paralegals seeking an exemption are required to submit an online Member Application and Declaration Form (PDF) . There is no exemption from the requirement on the basis that the lawyer or paralegal is too busy, such as being involved in a long trial. There is no exemption from the requirement on the basis that the lawyer or paralegal practises law outside of Ontario.

In calculating the exemption, a lawyer or paralegal will be exempted from the requirement on the basis of 1 hour for each month for which the exemption is granted.

Members seeking more information about exemptions should email cpdexemptions@lsuc.on.ca.

H. CPD Documentation Requirements

Lawyers and paralegals are required to keep written confirmation of registration at CPD programs as proof of attendance. Program materials such as agendas, papers, attendee lists and discussion notes should be retained on file until the end of the year following the year in which the CPD program or activity was completed. For a detailed outline of required documentation according to the type of eligible educational activity, please see Record Keeping Standards - Evidence of Compliance with Section 5 of By-Law 6.1 (PDF).

I. Failure to Comply with the CPD Requirement

Following the completion of the calendar year, the summary suspension bencher will be provided with the names of the lawyers and paralegals who have failed to comply with the requirement and who are subject to administrative suspension from practice.

Lawyers and paralegals who are administratively suspended may be reinstated by completing the missing hours and providing proof of completion to the Law Society.

J. Frequently Asked Questions

1. Who is required to complete the CPD requirement?

Lawyers and paralegals in the 100% fee-paying category are required to fulfill the CPD requirement. Lawyers and paralegals who are in other fee categories are also required to fulfill the CPD requirement if they practise law or provide legal services. That includes lawyers who provide legal services on a pro bono basis only and practising Life Members. See Fee Categories for more information.

2. Do I have to take accredited programs to fulfill the CPD requirement?

If you obtained your licence to practise law or provide legal services on or before May 31, 2010, you are required to complete a minimum of 3 Professionalism Hours (professional responsibility, ethics and/or practice management) and up to 9 Substantive Hours per calendar year. Any Professionalism Hours completed in excess of the 3 required Professionalism Hours will be automatically applied to your Substantive Hours. However, it is important to note that Substantive Hours completed in excess of the required 9 Substantive Hours will not be applied to your Professionalism Hours. Only programs and activities for Professionalism Hours must be accredited by the Law Society. Substantive Hours do not have to be accredited and may address substantive or procedural law topics and/or related skills. Non-legal subjects may also be eligible towards Substantive Hours if they are relevant to your practice and/or professional development.

If you obtained your licence after May 31, 2010, you are required to take 12 hours of accredited CPD programming or activities per calendar year. All 12 hours must integrate topics related to professional responsibility, ethics and/or practice management (“professionalism”) in order to be eligible for new member CPD Hours. See CPD Hours for New Members for more information.

See CPD Accreditation Process for information about accreditation policies and forms.

3. Where can lawyers and paralegals find accredited programs that have Professionalism Hours?

The Law Society has assumed primary responsibility for delivering the required professional responsibility, ethics and practice management content to lawyers and paralegals, free of charge to members. Please see CPD Calendar for more information about Law Society's CPD programs.

Providers other than the Law Society that wish to provide stand-alone programs or program content in professional responsibility, ethics and practice management integrated into other offerings must apply for and obtain program accreditation in advance from the Law Society. See CPD Accreditation Process for more information.

Accredited programs containing Professionalism Hours can be identified by the following logo, which will appear on program brochures and materials. A list of accredited programming from all providers is available on the LSUC Portal.

4. What is the difference between CPD programs and CPD activities?

CPD programs are formal, instruction-based sessions. CPD programs are usually offered by organizations such as education providers, law associations, law firms, government associations and industry groups. CPD activities include a broad range of other, non-program learning methods such as teaching, writing, mentoring, and participation in study groups of 2 or more colleagues. See Eligible Educational Activities (PDF) for more information.

Note that Alternate Eligible Activities must be accredited in advance by the Law Society if the lawyer or paralegal is seeking Professionalism Hours. See CPD Accreditation Process for more information. 

5. Are online programs eligible for CPD Hours?

CPD programs must be “interactive” in order to qualify for CPD Hours. Participation in "real time" on-line courses, streaming video, and live web and/or telephone conferences are eligible if there is an opportunity to ask and/or answer questions with colleagues and/or instructors. Previously recorded programs must be viewed or listened to by 2 or more colleagues at the same time in order to be eligible for CPD Hours.

New! Members no longer need to apply for approval when viewing archived webcasts or recordings of accredited programs. Simply view the archived/recorded program with at least one colleague and log the program into your LSUC Portal account using the live date listed.  Please keep a record of your viewing date and the names of the colleague(s) with whom you watched the program for audit purposes.

6. Can CPD Hours completed in one calendar year be carried over into the next calendar year?

No, a lawyer or paralegal who completes more than 12 hours of eligible CPD activities in a year is not entitled to carry over the balance into the next year.

7. I made an error when entering my CPD Hours on the Portal. How can I fix it?

A self-edit function has been added to the LSUC Portal. Members can now edit or delete any entry for a professionalism program, substantive program or activity. Please see the LSUC Portal Self-Edit Functionality Guide (PDF) for details.

8. What is the requirement for a lawyer or paralegal who returns to practice during the reporting year?

Lawyers and paralegals who resume practising law or providing legal services within the reporting year must complete 1 hour of CPD for each month or partial month of practice or provision of legal services.

9. Will CPD Hours obtained outside of Ontario count toward the CPD requirement?

Yes, as long as the program or activity is an eligible educational activity for the CPD requirement. See Eligible Educational Activities (PDF).

10. Can I apply CPD Hours obtained in 2010 toward the CPD requirement?

If you are an experienced member (licensed on or before May 31, 2010), only CPD Hours attained in 2011 may be reported toward your 2011 CPD requirement. If you are a new member (licensed after May 31, 2010), then 2010 programming accredited for new members and completed after the date on which you received your licence may be counted toward your 2011 requirement. Eligible programs are listed on the LSUC Portal.

11. Is teaching an eligible activity?

Yes, teaching is an eligible educational activity. Actual teaching time will be multiplied by a factor of 3 to reflect preparation time. For example, 30 minutes of teaching will be equal to 1.5 CPD Hours. The teaching content must be law-related and within the CPD definition. There is no limitation on the type of audience. If the same content is taught more than once in a calendar year, CPD Hours are only available for the first delivery of that content. Teaching is an eligible activity only if it is undertaken on a volunteer or part-time teaching basis. Teaching as part of full-time or regular employment will not be eligible.

Chairing a program may be eligible, provided the chair does more than introduce speakers. The Chair must act as a facilitator of the program for it to be eligible.

Acting as a judge or coach in a mooting competition at the law school level is an eligible educational activity.

In order to qualify for Professionalism Hours or new member CPD Hours, teaching activities must address topics of professional responsibility, ethics and/or practice management and be accredited in advance by the Law Society of Upper Canada. See CPD Accreditation Process for more information.

12. Is presenting an information session to clients or writing/editing client bulletins an eligible or activity?

If presenting the information session or writing/editing client bulletins is primarily a "teaching" rather than a "pitching" activity, and enables the lawyer or paralegal to fulfill the definition of CPD, which requires that the activity maintain or enhance a lawyer's professional knowledge, skills, attitudes and ethics, then it is an eligible activity. If the educational content of the activity is minimal or basic, or if it is repeated with modest changes to a number of audiences, it is not eligible.

13. Is writing and/or editing an eligible educational activity?

Yes. The content must be law-related and within the CPD definition, must have been prepared solely by the person seeking reporting the activity, and intended for publication or use in course materials, rather than for personal use or primarily for marketing purposes. Editing legal texts or case reports and preparing case headnotes, with the same restrictions as set out for writing, are eligible activities. There is no limitation on the audience for whom the work is written.

Only volunteer or part-time writing is eligible. Writing as part of full-time or regular employment is not eligible.

In order to qualify for Professionalism Hours or new member CPD Hours, writing and/or editing activities must address topics of professional responsibility, ethics and/or practice management and be accredited in advance by the Law Society of Upper Canada. See CPD Accreditation Process for more information.

14. Are study group activities eligible?

Yes. This will include attendance at a group session of 2 or more lawyers or paralegals that is organized for the purpose of discussing content that falls within the CPD definition. Study group participants may be lawyers or paralegals from a variety of settings — sole and small firm colleagues in the same community or lawyers and paralegals in the same firm, legal department, government agency, or clinic. Live, in-person participation, in addition to telephone conference, webconference (e.g., Skype, Google Chat) or videoconference are all acceptable delivery methods, as long as attendees can interact with one another in real time. File or matter- specific discussion is not eligible. Lawyers or Paralegals who facilitate or instruct study group sessions may claim up to 3 hours of credit for every 1 hour session to reflect preparation time.

In order to qualify for Professionalism Hours or new member CPD Hours, study group activities must cover topics of professional responsibility, ethics and/or practice management and be accredited in advance by the Law Society. See CPD Accreditation Process for more information.

The Law Society has additional resources to assist lawyers and paralegals in obtaining CPD Hours through study groups. See Professionalism Case Studies for more information.

15. Are bar association, or other law or paralegal association, meetings eligible?

Where lawyers or paralegals attend meetings that involve both business related to the association and substantive or procedural law content that comes within the CPD definition, only the hours devoted to the substantive or procedural law content are eligible.

16. Is being an Articling Principal, paralegal field placement supervisor or mentor an eligible educational activity?

The Articling Principal, mentor, or paralegal who is supervising a field placement and the lawyer or paralegal being mentored may claim the time spent discussing substantive or procedural law topics that maintain or enhance learning and ability.

Professionalism Hours for mentoring or being mentored are available as long as the topics of professional responsibility, ethics and/or practice management are covered. Experienced lawyers or paralegals (including those licensed on or before May 31, 2010) seeking Professionalism Hours for mentoring another lawyer or paralegal must have the activity accredited in advance by the Law Society. See CPD Accreditation Process for more information.

17. Can self-study be counted toward the CPD requirement?

Self-study will not be eligible for CPD Hours. Self-study is defined as reading or reviewing recorded material on one's own. Lawyers and paralegals will continue to report annually on the Lawyer Annual Report and Paralegal Annual Report, respectively, the number of self-study hours they complete. The minimum expectation for self-study hours remains at 50 hours. The number of self-study hours is not mandatory, but reporting is. Reporting of self-study hours is not part of the CPD requirement.

18. I'm a Certified Specialist. How does this new CPD requirement affect me?

Certified Specialists will have the same requirement as other members. They will be required to obtain a total of 12 CPD Hours per calendar year, which must include a minimum of 3 Professionalism Hours and up to 9 Substantive Hours.

19. Are listservs, online forums and network sites eligible for CPD Hours?

This type of information exchange is not eligible as it does not involve sustained interaction and learning by participants.

20. Where can I learn more about the Law Society's decision to introduce the CPD requirement?

For more information, please see the February 2010 Joint Report to Convocation (PDF).