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Definitions

7.01(1) In this Rule,

(a) “Act” means the Law Society Act, 1999, SNL 1999, c. L-9.1;

(b) “Business Day” means any calendar day or part thereof in which a Visiting Lawyer Provides Legal Services;

(c) “Canadian Legal Advisor” means a person authorized by the Law Society to provide certain legal services pursuant to Rule 7.15;

(d) “Committee” means the Law Society’s Education Committee;

(e) “Director” means the Law Society’s Director of Admissions and Education;

(f) “Discipline” includes a finding by a Governing Body of any of the following:

i. professional misconduct;
ii. incompetence;
iii. conduct unbecoming a lawyer;
iv. lack of physical or mental capacity to engage in the practice of law; and
v. any other breach of a lawyer’s professional responsibilities;

(g) “Disciplinary Record” includes any of the following, unless reversed on appeal or review:

i. any action taken by a Governing Body as a result of Discipline;
ii. disbarment;
iii. resignation or otherwise ceasing to be a member of a Governing Body as a result of disciplinary proceedings;
iv. restrictions or limits on being Entitled to Practise, other than those imposed as a result of bankruptcy, insolvency, or a failure to pay fees to a Governing Body; and
v. any interim suspension or restrictions/limits on being Entitled to Practise imposed pending the outcome of a disciplinary hearing;

(h) “Economic Nexus” means a relationship between a Visiting Lawyer and Newfoundland and Labrador that is established by actions inconsistent with Providing Legal Services on a temporary basis, which includes, but is not limited to, doing any of the following in Newfoundland and Labrador:

i. providing Legal Services beyond 100 Business Days within a calendar year;
ii. opening an office from which legal services are offered or provided to the public;
iii. becoming a Resident;
iv. opening or operating a trust account, or accepting trust funds, except as permitted under Rule 7.04; and
v. holding oneself out or allowing oneself to be held out as willing or qualified to practise law in Newfoundland and Labrador, except as a Visiting Lawyer;

(i) “Entitled to Practise” means allowed to engage in the practice of law in the Home Jurisdiction pursuant to all relevant legislation and regulations;

(j) “Foreign Legal Consultant” means a person who practises the law of a foreign jurisdiction in Newfoundland and Labrador;

(k) “Foreign Jurisdiction” means a jurisdiction outside of Canada;

(l) “Governing Body” means any law society or barristers’ society in a Canadian common law jurisdiction and the Barreau du Québec, but does not include the Law Society;

(m) “Home Governing Body” means any or all of the Governing Bodies of which a lawyer is a member, and “Home Jurisdiction” has a corresponding meaning;

(n) “Law Society” means the Law Society of Newfoundland and Labrador;

(o) “Liability Insurance” means compulsory errors and omissions liability insurance that a Governing Body requires its members to purchase;

(p) “Member” means a person enrolled as a member of the Law Society who has not been struck off the roll of the Law Society;

(q) “National Mobility Agreement” means the 2013 Mobility Agreement of the Federation of Law Societies of Canada, as amended from time to time;

(r)“National Registry” means the National Registry of Pracisting Lawyers established under the National Mobility Agreement;

(s) “Provide Legal Services” means to engage in the practice of law:

i. physically in Newfoundland and Labrador except with respect to the law of a Home Jurisdiction; or
ii. physically in any other jurisdiction with respect to the law of Newfoundland and Labrador; and includes providing legal services respecting federal jurisdiction in Newfoundland and Labrador;

(t) “Required Form” means the form required by the Law Society and includes any documents, forms, and information that the Law Society may request;

(u) “Resident” has the meaning respecting a province or territory that it has with respect to Canada in the Income Tax Act (Canada);

(v) “Territorial Mobility Agreement” means the 2013 Territorial Mobility Agreement of the Federation of Law Societies of Canada, as amended from time to time;

(w) “Visiting Lawyer” means a lawyer who is Entitled to Practise in a Canadian jurisdiction other than Newfoundland and Labrador, but does not include a member of the Barreau du Québec whose legal training was obtained outside Canada and who has not had their credentials reviewed and accepted by the Barreau du Québec.

Proof of Compliance

7.02(1) A person who purports to practise law in Newfoundland and Labrador pursuant to this Rule shall, upon the request of the Law Society and before the deadline specified by the Law Society, provide proof that is satisfactory to the Law Society that they are in compliance with relevant provisions of this Rule.

Deemed Failure to Comply

(2) A person who fails to comply with Rule 7.02(1) by the specified deadline shall be deemed to be not in compliance with this Rule.

Temporary Mobility without a Permit

7.03(1) A Visiting Lawyer who meets the requirements set out in Rule 7.03(3) may Provide Legal Services without a permit for a maximum of 100 Business Days in any calendar year.

Director May Extend Time

(2) On the application of a Visiting Lawyer who otherwise qualifies under Rule 7.03(3), the Director may allow the Visiting Lawyer to Provide Legal Services without a permit beyond the limit specified in Rule 7.03(1).

Qualifications for Temporary Practice

(3) Subject to Rule 7.03(4), to qualify to Provide Legal Services on a temporary basis pursuant to Rule 7.03(1) or (2), a Visiting Lawyer must at all times:

(a) be Entitled to Practice in their Home Jurisdiction;
(b) carry Liability Insurance that

i. is reasonably comparable in coverage and limits to that maintained by the Law Society, and
ii. extends to their temporary practice in Newfoundland and Labrador;

(c) have defalcation compensation coverage from their Home Jurisdiction that extends to their temporary practice in Newfoundland and Labrador;
(d) not be subject to conditions or restrictions on their practice or membership in any Governing Body;
(e) not be the subject of criminal or disciplinary proceedings in any jurisdiction;
(f) have no Disciplinary Record; and
(g) not establish an Economic Nexus with Newfoundland and Labrador.

Insurance Exemption

(4) A Visiting Lawyer may apply to the Executive Director for an exemption from the requirement in Rule 7.03(3)(b) where the Visiting Lawyer, if they were a Member, would be eligible for such an exemption pursuant to Rule 2.22.

Compliance with the Act and Rules

(5) A Visiting Lawyer is bound by the Act, the Law Society’s Rules, and the Code of Professional Conduct while Providing Legal Services.

Responsibilities of Visiting Lawyer

(6) It is the responsibility of a Visiting Lawyer who is Providing Legal Services to:

(a) record and verify the number of Business Days in which they Provide Legal Services; and
(b) prove that they have complied with these Rules, the Act, and the Code of Professional Conduct.

Failure to Comply

(7) If a Visiting Lawyer fails or refuses to comply with a requirement under Rule 7.02(1) or Rule 7.03(6)(b):

(a) the Visiting Lawyer is prohibited from Providing Legal Services without a permit;
(b) any permit issued to the Visiting Lawyer under this Rule is rescinded; and
(c) the Law Society shall advise the Visiting Lawyer’s Home Governing Body of the Visiting Lawyer’s failure to comply and the consequences of such failure.

(8) A Visiting Lawyer affected by Rule 7.03(7) may apply to the Committee for restoration of any or all rights lost pursuant to that Rule and the Committee may, in its discretion, grant the application, subject to any conditions or restrictions it considers to be in the public interest to impose.

Trust Funds

7.04(1) A Visiting Lawyer must not maintain a trust account in Newfoundland and Labrador and must:

(a) promptly remit funds received in trust to the Visiting Lawyer’s trust account in the Home Jurisdiction; or
(b) ensure that trust funds received are handled by a practising Member and deposited into a trust account controlled by that Member in accordance with the Act and the Law Society Rules.

Providing Legal Services for the Office of the Judge Advocate General

7.05(1) Notwithstanding Rule 7.03, a Visiting Lawyer who is a member of the Canadian Forces may deliver legal services for or on behalf of the Office of the Judge Advocate General without a permit and without Liability Insurance and does not establish an Economic Nexus with Newfoundland and Labrador, provided that they are providing legal services exclusively for or on behalf of the Office of the Judge Advocate General.

Providing Legal Services for the Government of Canada

7.06(1) Notwithstanding Rule 7.03, a Visiting Lawyer who is employed by the Government of Canada may deliver legal services for or on behalf of the Government of Canada without a permit and without Liability Insurance and does not establish an Economic Nexus with Newfoundland and Labrador, provided that they are providing legal services exclusively for or on behalf of the Government of Canada.

Appearing Before Federal Courts and Administrative Tribunals

7.07(1) Notwithstanding Rule 7.03, a Visiting Lawyer who has not established an Economic Nexus with Newfoundland and Labrador may appear before any of the following tribunals, prepare for such an appearance, and otherwise further the matter giving rise to the appearance, without a permit and regardless of the number of days involved:

(a) the Supreme Court of Canada;
(b) the Federal Court of Canada;
(c) the Tax Court of Canada;
(d) a federal administrative tribunal;
(e) service tribunals as defined in the National Defence Act; and
(f) the Court Martial Appeal Court of Canada.

Application for Inter-Jurisdictional Practice Permit

7.08(1) A Visiting Lawyer who does not meet the requirements of Rule 7.03(3) may apply for an inter-jurisdictional practice permit by filing with the Director:

(a) a complete application in Required Form, including a written consent for the release of relevant information to the Law Society;
(b) the required permit or renewal fee;
(c) a certificate of standing acceptable to the Law Society issued by each Governing Body of which the Visiting Lawyer is or has been a member and dated not more than 30 days before the date of the application;
(d) proof of Liability Insurance; and
(e) proof of defalcation coverage.

(2) The Director may:

(a) issue the permit subject to any conditions or restrictions that they consider appropriate if, in the discretion of the Director, it is consistent with the public interest to do so; or
(b) refer the matter to the Committee for a determination.

(3) A permit issued or renewed under this Rule:

(a) is effective for one year from the date it was issued;
(b) allows a Visiting Lawyer to Provide Legal Services for not more than 100 Business Days in that year; and
(c) ceases to be valid if the Visiting Lawyer:

i. ceases to be Entitled to Practise in their Home Jurisdiction,
ii. fails to maintain Liability Insurance, or
iii. is suspended from the practise of law or disbarred in any jurisdiction.

Economic Nexus

7.09(1) A Visiting Lawyer who establishes an Economic Nexus with Newfoundland and Labrador must cease Providing Legal Services immediately, but may apply under Rule 7.10 to be admitted to the Law Society as a Member or under Rule 7.08 to be issued an inter-jurisdictional practice permit and may apply to the Director for permission to continue Providing Legal Services pending consideration of such an application.

(2) A Visiting Lawyer who Provides Legal Services in or from an office affiliated with the Visiting Lawyer’s law firm in their Home Jurisdiction does not, for that reason alone, establish an Economic Nexus with Newfoundland and Labrador.

Transfer Under the National Mobility Agreement of Territorial Mobility Agreement

7.10(1) A lawyer who is a member of a Governing Body that is a signatory to the National Mobility Agreement or Territorial Mobility Agreement may apply to transfer to Newfoundland and Labrador.

(2) An applicant seeking to transfer to Newfoundland and Labrador under this Rule must:

(a) be Entitled to Practise in their Home Jurisdiction;
(b) be of good character and reputation;
(c) complete and submit the necessary application in Required Form;
(d) provide all documentation and information required by the Law Society; and
(e) satisfy any other requirements imposed by the Law Society.

(3) A lawyer applying to transfer under this Rule must certify, in Required Form, that they have reviewed and understand all materials provided by the Law Society.

(4) A lawyer applying to transfer under this Rule may apply to the Director for permission to practise in Newfoundland and Labrador for the period between the approval of their application and their enrollment as a Member.

(5) The Director may:

(a) approve an application made under Rule 7.10(5), subject to any conditions or restrictions that they consider appropriate if, in the discretion of the Director, it is consistent with the public interest to do so; or
(b) refer the matter to the Committee for a determination.

(6) A lawyer enrolled as a Member pursuant to this Rule has no greater rights as a Member than:

(a) the lawyer has in their Home Jurisdiction as a member of the Home Governing Body, or
(b) any other Member in similar circumstances.

(7) Members of the Barreau du Québec whose legal training was obtained outside Canada and who have not had their credentials reviewed and accepted by the Barreau du Québec are not qualifying members of the Barreau du Québec for the purpose of transferring to Newfoundland and Labrador.

National Registry of Practising Lawyers

7.11(1) The Executive Director must provide to the National Registry the current and accurate information about practising lawyers required under the National Mobility Agreement.

(2) No one may use or disclose information obtained from the National Registry except for a purpose related to enforcement of the Act and these Rules.

Disciplinary Proceedings

7.12(1) The provisions of the Law Society Rules and the Act dealing with the investigation of complaints and discipline proceedings apply to a Visiting Lawyer Providing Legal Services as though they were a Member.

Member Compliance

7.13(1) A Member who practises in another Canadian jurisdiction must comply with the applicable legislation, regulations, rules, and code of professional conduct applicable to that jurisdiction.

Responsibility for the Conduct of Disciplinary Proceedings

7.14(1) If there is an allegation of misconduct against a Member while they are practising temporarily in another Canadian jurisdiction under the authority of the provisions related to temporary practice pursuant to the National Mobility Agreement or the Territorial Mobility Agreement, the Law Society will:

(a) consult with that jurisdiction’s Governing Body about the manner in which disciplinary proceedings will be conducted; and
(b) subject to Rule 7.14(2), assume responsibility for the conduct of the disciplinary proceedings.

(2) The Law Society may allow the other Governing Body to assume responsibility for the conduct of disciplinary proceedings under Rule 7.14(1), including the expenses of the proceeding.

(3) Where another Governing Body assumes responsibility for the conduct of disciplinary proceedings under Rule 7.14(2), the Law Society, to the extent that it is reasonable in the circumstances, will:

(a) provide all relevant information and documentation respecting the Member subject to the disciplinary proceedings; and
(b) cooperate fully in the investigation and hearing of the matter.

(4) If the Law Society receives an allegation of misconduct against a Visiting Lawyer which arises from their temporary practice in Newfoundland and Labrador pursuant to the National Mobility Agreement or the Territorial Mobility Agreement, the Law Society:

(a) will consult with Home Governing Body about the manner in which disciplinary proceedings will be conducted; and
(b) may, with the consent of the Home Governing Body, assume responsibility for the conduct of the disciplinary proceedings.

(5) Where the Law Society assumes responsibility for the conduct of disciplinary proceedings under Rule 7.14(4), the Law Society, to the extent that it is reasonable in the circumstances, will provide all relevant information and documentation respecting the lawyer subject to the disciplinary proceedings to their Home Governing Body.

(6) In deciding which Governing Body will assume responsibility for the conduct of disciplinary proceedings under Rule 7.14, the primary considerations will be the public interest, convenience, and cost.

Canadian Legal Advisor

7.15(1) A member of the Chambre des Notaires du Québec, who is authorized to practise the notarial profession in Québec and who is of good character may, with the prior permission of the Law Society, do any of the following:

(a) give legal advice and consultations on legal matters involving the law of Québec or involving matters under federal jurisdiction;
(b) prepare and draw up a notice, motion, proceeding or similar document intended for use in a case before a judicial or quasi-judicial body in a matter under federal jurisdiction where expressly permitted by federal statute or regulations;
(c) give legal advice and consultations on legal matters involving public international law; and
(d) plead or act before a judicial or quasi-judicial body in a matter under federal jurisdiction where expressly permitted by federal statute or regulations.

(2) An applicant seeking to act as a Canadian Legal Advisor must:

(a) submit a complete application in the Required Form;
(b) pay the application fee;
(c) be Entitled to Practise the notarial profession in Québec;
(d) be of good character and fitness;
(e) provide certificates of standing from all Governing Bodies of which the notary is or has been a member;
(f) consent to access by the Law Society to the notary’s regulatory files of all Governing Bodies of which the notary is a member; and
(g) provide such other documentation and information as may be required by the Law Society in order to protect the public interest.

(3) Members of the Chambre whose legal training was obtained outside Canada and who have not had their credentials reviewed and accepted by the Chambre are not qualifying members of the Chambre for the purpose of Rule 7.15.

Foreign Legal Consultants

7.16(1) A person may apply for a permit to act as a Foreign Legal Consultant by delivering a completed application in Required Form, together with the permit fee, to the Law Society.

(2) The Director may issue a permit to act as a Foreign Legal Consultant, subject to any conditions or restrictions they consider to be in the public interest to impose, where satisfied that the applicant:

(a) is a member in good standing of the legal profession in the Foreign Jurisdiction in which the applicant is authorized to practise law;
(b) is of good character and reputation and meets the standards of fitness to practise prescribed by the Law Society;
(c) has practised the law of the Foreign Jurisdiction for at least three complete years, or has undertaken in writing to work, while acting as a Foreign Legal Consultant, only under the direct supervision of a Foreign Legal Consultant authorized to practise in that jurisdiction who has satisfied the three-year practice requirement;
(d) has provided a written undertaking that they will:

i. not accept, hold, transfer or in any other manner deal with trust funds;
ii. submit to the jurisdiction of the Law Society and comply with the Act, the Law Society Rules and the Code of Professional Conduct, as amended from time to time, and
iii. promptly notify the Director if they cease to be authorized to practise law in the Foreign Jurisdiction or if they fail to satisfy any applicable legal education requirement of the Foreign Jurisdiction;

(e) carries professional liability insurance or a bond, indemnity or other security that:

i. is in a form and amount which is reasonably comparable with that required to be maintained by Members;
ii. specifically extends to services rendered by the Foreign Legal Consultant while acting as such in Newfoundland and Labrador; and
iii. is expressly enforceable in the jurisdiction of Canada, or a province or territory thereof; and

(f) participates in a program or carries a fidelity bond or other security satisfactory to the Law Society and in an amount which is reasonably comparable with that required to be maintained by Members for the purpose of reimbursing persons who sustain a pecuniary loss as a result of the misappropriation or wrongful conversion by the Foreign Legal Consultant of money or other property entrusted to or received by them in their capacity as a Foreign Legal Consultant in Newfoundland and Labrador.

Term of Permit

(3) Subject to Rule 7.16(4), a permit issued under Rule 7.16 is valid from the issue date shown on it until the last day of the same calendar month in the next year.

Permit Ceases to be Valid

(4) A permit issued under Rule 7.16, including any renewal thereof, ceases to be valid if the Foreign Legal Consultant:

(a) is suspended as a result of proceedings under the Act or the Law Society Rules; or
(b) ceases to comply with any of the requirements of Rule 7.16(2).

Requirement for Permit

(5) Subject to Rule 7.16(6), a person may act as a Foreign Legal Consultant in Newfoundland and Labrador only if they hold a valid permit under this Rule.

Dual Qualification

(6) Subject to section 39 of the Act, a Member who is also qualified to practise law in a Foreign Jurisdiction need not obtain a permit to act as a Foreign Legal Consultant if they carry professional liability insurance or a bond, indemnity or other security that is reasonably comparable in coverage and amount to that required to be maintained by Members and extends to services rendered by them as a Foreign Legal Consultant.

Marketing of Legal Services

(7) A Foreign Legal Consultant, who is not a Member and eligible to practise without restriction in Newfoundland and Labrador, when engaging in advertising or any other form of marketing activity in Newfoundland and Labrador:

(a) shall use the term “Foreign Legal Consultant”;
(b) shall state the Foreign Jurisdiction in respect of which they are qualified to practise law, and the professional title used in that Foreign Jurisdiction; and
(c) shall not use any designation or make any representation from which a recipient might reasonably conclude that they are a Member and entitled to Provide Legal Services.

Renewal of Permit

(8) A Foreign Legal Consultant who intends to continue to act as such beyond the expiry of their permit must, before the permit expires, apply to the Director for a renewal of the permit. The renewal application must include evidence that the applicant continues to comply with the requirements set out in Rule 7.16(2) and the renewal fee.

(9) Where the Director approves a renewal application submitted in accordance with Rule 7.16(8), the renewal permit shall be valid for a period of one year.

Appeal of Decision Made Under Rule 7

7.17(1) Except as otherwise provided in this Rule or the Act:

(a) a decision made by the Director pursuant to their authority under Rule 7 may be appealed to the Committee; and
(b) a decision made by the Executive Director or the Committee pursuant to their authority under Rule 7 may be appealed to Benchers.

(2) The procedure to be followed for an appeal of a decision made under this Rule shall be the same as that specified in Rule 6.19(3)-(8), with the necessary modifications.

(Amended June 9, 2023)