7.01 In this rule, unless the context otherwise requires:
“Barrister” means a member in good standing of the society who has been actively engaged in the practice of law in the province of Newfoundland and Labrador for at least one (1) year;
“Recognized school of law” means a school of law recognized by the Benchers for the purposes of these rules and listed on a list of such recognized schools of law on the file from time to time with the vice president.
(Amended: Rule 7.01(e), Summer Term Convocation, June 6, 2003)
7.02-7.04 Repealed 2021
Mobility of persons from non-reciprocating jurisdictions
7.05 (1) Rule 7.05 applies to persons from Non-Reciprocating Jurisdictions under the National Mobility Agreement and in this rule:
“Committee” means the Education Committee;
“Home jurisdiction” means a non-reciprocating jurisdiction under the National Mobility Agreement, in which a lawyer is eligible to practice law;
“Law which is specific to this jurisdiction” includes topics of substantive and procedural law which, whether statutory or common law, are specific in their application to this province;
“Lawyer” means a member of a non-reciprocating jurisdiction under the National Mobility Agreement who is not a member of this society and, in the case of the Province of Quebec, includes a notary member of La Chambre des Notaires du Quebec;
“Practice of law” means those activities which are by law reserved to members of the society.
Practising occasionally – temporary mobility of persons from non-reciprocating jurisdictions
(2) A lawyer practises occasionally who,
Requirements for temporary mobility
(3) To engage in the practice of law in this province, a lawyer shall, subject to rule 7.05, comply with whichever of the following are applicable:
Federal courts and tribunals
(4) A lawyer who complies with rule 7.05(3) may appear in this province as counsel before the Supreme Court of Canada, the Federal Court of Canada, the Tax Court of Canada, a federal administrative tribunal, or a provincial administrative tribunal before which persons who are not members of this society are permitted to appear.
(5) Notwithstanding anything in this rule, the society may permit a lawyer who does not meet the requirements of rule 7.05(3) to practise on such terms and conditions as it deems appropriate if satisfied that such permission is not contrary to the public interest.
Employees of the crown in right of Canada
(6) A lawyer who is an employee of the Crown in right of Canada or is employed by a federal government department may, on compliance with rule 7.03(3), practise law in this province for the Crown in right of Canada.
Permanent mobility of persons from non-reciprocating jurisdictions
(7) The Education Committee may approve the enrollment of a person from a non-reciprocating jurisdiction under the National Mobility Agreement as a member of the Society where the person proves, to the Education Committee’s satisfaction and in accordance with the rules, that the person:
7.06 (1) In this rule:
“committee” means the executive committee;
“foreign legal consultant” means a person in good standing to practise law in his or her foreign home jurisdiction, who practises in the province the law of that foreign home jurisdiction;
“home jurisdiction” means a country other than Canada or an internal jurisdiction of that country.
Application for permit
(2) A person may apply to the society for a permit to act as a foreign legal consultant in the province by delivering to it:
Issuance of permit
and the society may, subject to subrule (4), attach conditions to the permit.
(4) The committee may fix conditions that may be attached to permits which are issued or renewed under this rule.
(5) Subject to subrule (6), a permit issued under subrule (3) is valid from the issue date shown on it until the last day of the same calendar month in the next year.
(6) Notwithstanding subrule (5), a permit ceases to be valid if the foreign legal consultant:
Qualification to act as a foreign legal consultant
(7) Subject to subrule (8), a person may act as a foreign legal consultant in the province only if he or she holds a valid permit under this rule.
(8) Subject to section 39 of the Act, a member of the society who is also qualified to practise law in another home jurisdiction need not obtain a permit to act as a foreign legal consultant in the province, provided his or her activities as a consultant are insured against in a form and amount which is at least reasonably comparable with that maintained by the society in its compulsory program.
Marketing of legal services
(9) A foreign legal consultant, who is not a member of this society and eligible to practice without restriction in this province, when engaging in advertising or any other form of marketing activity in the province:
Renewal of permit
(10) A foreign legal consultant who intends to continue to act as such in the province shall, before his or her permit expires, apply to the society for a renewal of the permit.
(11) A renewal application shall include:
(12) The society may issue a renewal permit to a foreign legal consultant who has complied with the Act and these rules.
(13) Subject to subrule (14), a renewal permit issued under subrule (12) is valid for one year.
(14) Subrule (6) applies to a permit which has been renewed under subrule (12).
(Adopted Rule 7.06, Spring Term Convocation, April 1, 1996 to come into force on January 1, 2000; Amended Rule 7.06, Summer Term Convocation, June 9, 2007)[next rule is rule 7.01A]