Occasional Appearance

Occasional Practice for Reciprocating Jurisdictions
By-law 4, Part VII (Occasional Practice of Law: 100 Days)

Purpose

Lawyers who wish to practise law in Ontario on an occasional basis who are from Canadian jurisdictions that have signed and implemented the National Mobility Agreement (NMA) (pdf) (reciprocating jurisdictions) may do so without prior permission for up to 100 days in a calendar year providing they meet the requirements set out in By-law 4, Part VII s. 40-45. Lawyers who do not meet these requirements must apply for permission to practise law on an occasional basis under these provisions.

Lawyers from the following reciprocating jurisdictions may practise law in Ontario under the 100 day rule:

Alberta
British Columbia
Manitoba
New Brunswick
Nova Scotia
Newfoundland
Prince Edward Island
Saskatchewan

Who must apply

Lawyers from reciprocating jurisdictions who do not meet the requirements of By-law 4 Part VII s. 40-45 must apply for permission to practise law in Ontario on an occasional basis under By-law 4 Part VII s. 40-45 with a permit application.
Lawyers who anticipate their occasional practice will be more than the 100 days permitted must also apply for permission to practise law in Ontario on an occasional basis under By-law 4 Part VII s. 40-45 with a permit application. (Note: any part of a day spent working on an Ontario-related file, whether or not you are physically in Ontario counts as one whole day towards the 100 days permitted.)
Lawyers who establish an economic nexus with Ontario by applying for Permanent Transfer under the NMA and wish to work in Ontario before they are licensed must also apply for permission to practise law in Ontario on an occasional basis under By-law 4 Part VII s. 40-45 with a permit application.

Application Requirements for Permission to Practise Law in Ontario on an Occasional Basis (Permit Application)

Completed and original Application for Permission to Practise Law in Ontario on an Occasional Basis under the NMA and By-law 4 Part VII s. 40-45 (Permit application)
Completed and original Certificates of Character and Reputation
Original Certificate(s) of Standing (dated within the last 30 days) from each law society of which the applicant is or has been a member
Notarized copy of Canadian Birth Certificate as proof of age and full legal name, or, if applicant was not born in Canada, two other Canadian government issued documents with the applicant’s name appearing identically on each
Additional pertinent documents to comply with specific application requirements

Application Process

Applications for Permission to Practise Law in Ontario on an Occasional Basis are reviewed by Administrative Compliance. If the review reveals that the application and/or attachments are deficient, an Administrative Compliance Representative will contact the applicant to request additional information or clarification.

Administrative Compliance requires 15 business days to process the application. Applicants will be notified in writing confirming approval of their application.

Administrative Fees

There are no administrative processing fees for Applications for Permission to Practise Law in Ontario on an Occasional Basis.

Links to Application and additional information

Links to Applicable By-law and the National Mobility Agreement

Questions

Application related questions should be directed to Administrative Compliance by contacting the Law Society Resource Centre at (416) 947-3315 (toll-free within Ontario 1-800-668-7380 X3315) and asking to be transferred, or email Administrative Compliance using the Contact Page.

Occasional Practice for Non- reciprocating Jurisdictions
By-law 4 Part VII s. 46-52 (12-10-20 Rule)

Purpose

Lawyers who wish to practise law in Ontario on an occasional basis who are members in good standing in their home jurisdiction and who are from Canadian jurisdictions that have not signed and implemented the National Mobility Agreement (NMA) (pdf) (non-reciprocating jurisdictions) may do so without permission in strict accordance with Part VII s. 46-52 of By-law 4, also known as the 12-10-20 Rule. A lawyer may practise law occasionally in Ontario for no more than 10 matters in total over no more than 20 days in total within 12 months. (Note: any part of a day spent working on an Ontario-related file whether or not you are physically in Ontario counts as one whole day towards the 20 days permitted.)

Lawyers who do not meet these requirements must write to the Law Society for permission to appear occasionally in Ontario.

Lawyers from the following non-reciprocating jurisdiction may only practise law occasionally in Ontario in accordance with Part VII s. 46-52 of By-law 4:

Quebec
The Territories:
Northwest Territories
Yukon
Nunavut

Who must request permission

Lawyers from non-reciprocating jurisdictions who do not meet the requirements of Part VII s. 46-52 of By-law 4 must request permission to practice law occasionally in Ontario.
Lawyers who anticipate that they will exceed the 20 days permitted for work on a single file must request permission under By-law 4 Part VII s. 46-52 to practise occasionally in Ontario beyond the 20-day annual limitation.

Procedure to request permission under By-law 4, Part VII s. 46-52

Lawyers who require permission to practise law in Ontario on an occasional basis must write a letter to Administrative Compliance and provide the following information:

Name of client and type of matter
Name and address of the Court in which the matter will be heard
Court date (if known)
Estimated duration of occasional practice on this Ontario file (including time spent while not in Ontario)
Certificate of Standing and proof of errors and omissions insurance from the home jurisdiction (dated within the last 30 days)
Notarized copy of Canadian birth certificate as proof of age and legal name or, if applicant was not born in Canada, two other Canadian government issued documents with the applicant's name appearing identically on each.

Link to Applicable By-laws

By-law 4, Part VII s. 46-52

Questions

Questions regarding requests for permission to practise law occasionally in Ontario should be directed to Administrative Compliance by contacting the Law Society Resource Centre at (416) 947-3315 (toll-free within Ontario 1-800-668-7380 X3315) and asking to be transferred, or email Administrative Compliance using the Contact Page.

Where to Mail Occasional Practice Applications

Applications are to be mailed to Administrative Compliance with Certificates of Standing and insurance, notarized copy of birth certificate, and a letter containing the required information.

Administrative Compliance
The Law Society of Upper Canada
Osgoode Hall
130 Queen Street West
Toronto ON M5H 2N6