7.01A In this rule, unless the context indicates otherwise:
“Day” means any calendar day or part of a calendar day in which a lawyer provides legal services;
“Discipline” includes a finding by a governing body of any of the following:
“Disciplinary record” includes any of the following, unless reversed on appeal or review:
“Entitled to practise law” means allowed, under all of the legislation and regulation of a home jurisdiction, to engage in the practice of law in the home jurisdiction;
“Executive director” includes a person designated by the executive director to perform any of the duties assigned to the executive director in these Rules, and may include the Education Committee;
“Governing body” means the Law Society or Barristers’ Society in a Canadian common law jurisdiction, and the Barreau du Québec;
“Home governing body” means any or all of the governing bodies of the legal profession in Canada of which a lawyer is a member, and “home jurisdiction” has a corresponding meaning;
“Lawyer” means a member of a governing body;
“Liability insurance” means compulsory professional liability errors and omissions insurance required by a governing body;
“National Mobility Agreement” means the 2002 National Mobility Agreement of the Federation of Law Societies of Canada, as amended from time to time;
“National Registry” means the National Registry of Practising Lawyers established under the National Mobility Agreement;
“Provide legal services” means to engage in the practice of law
(a) physically in this province, except with respect to the law of a home jurisdiction,
(b) with respect to the law of this province physically in any jurisdiction, and includes providing legal services respecting federal jurisdiction in this province;
“Reciprocating governing body” means a governing body that has
“Resident” has the meaning respecting a province or territory that it has with respect to Canada in the Income Tax Act (Canada);
“Visiting lawyer” means a lawyer who is entitled to practise law in a Canadian jurisdiction other than this province.
“Territorial Mobility Agreement” means the 2006 Territorial Mobility Agreement of the Federation of Law Societies of Canada, as amended from time to time.
7.02A (1) This part
(2) Notwithstanding this part, a member of the Canadian Forces who is entitled to practise law in a home jurisdiction in which he or she is a member of the governing body
7.03A (1) A visiting lawyer who is a member of a governing body that has signed and adopted the provisions of the National Mobility Agreement and who qualifies under rule 7.03A(3) may provide legal services without a permit for a maximum of 100 days in any calendar year.
(2) On application of a visiting lawyer who otherwise qualifies under 7.03A(3), the executive director may in writing allow the visiting lawyer to provide legal services without a permit beyond the time limit set in subrule (1).
(3) Subject to subrule (4), to qualify to provide legal services on a temporary basis under subrule (1) or (2), a visiting lawyer must at all times:
(4) The requirement in subrule (3)(b) does not apply to a visiting lawyer who is exempt from compulsory liability insurance under rule 2.18.1 with respect to legal services to be provided in this province.
7.04A (1) The Act, these Rules and the Code of Professional Conduct apply to and bind a visiting lawyer providing legal services.
(2) It is the responsibility of a visiting lawyer providing legal services to
7.05A For the purposes of this part, a visiting lawyer is not providing legal services when appearing before any of the following tribunals, preparing for such an appearance and otherwise furthering the matter giving rise to the appearance:
7.06A A visiting lawyer must not maintain a trust account in this province and must
7.07A (1) A visiting lawyer who is not allowed to provide legal services without a permit under rule 7.03A or is disqualified under rule 7.08A may apply for a permit under rule 7.07A(2).
(2) On application under this rule, the executive director may issue a permit, subject to any conditions and restrictions that the executive director considers appropriate if, in the discretion of the executive director, it is consistent with the public interest to do so.
(3) A permit issued or renewed under this rule
7.08A (1) A visiting lawyer who has established an economic nexus with this province is not permitted to provide legal services under this Part.
(2) For the purposes of this rule, an economic nexus is established by actions inconsistent with a temporary basis for providing legal services, including but not limited to doing any of the following in this province:
(3) A visiting lawyer who provides legal services in or from an office affiliated with the lawyer’s law firm in his or her home jurisdiction does not, for that reason alone, establish an economic nexus with this province.
(4) A visiting lawyer who becomes disqualified under this Rule must cease providing legal services forthwith, but may apply under 7.11A for call and admission.
(5) On application by a visiting lawyer, the executive director may allow the visiting lawyer to continue to provide legal services pending consideration of an application under rule 7.11A.
7.09A (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.
7.10A (1) The executive director may require a visiting lawyer to
(2) If a visiting lawyer fails or refuses to comply with a requirement under subrule (1) within 20 calendar days, or such longer time that the Executive Director may permit in writing,
(3) A visiting lawyer who is affected by subrule (2) may apply to the executive director for restoration of any or all rights lost under that subrule and the Committee may, in its discretion, grant the application, subject to any conditions it considers to be in the public interest.
(4) A visiting lawyer, or applicant who is charged with an offence under a federal statute must, as soon as practicable, give written notice to the executive director of
7.11A (1) This rule applies to a lawyer applying for transfer from another Canadian jurisdiction under the National Mobility Agreement or the Territorial Mobility Agreement, provided that the lawyer is entitled to practise law in the jurisdiction of a reciprocating governing body of which the lawyer is a member.
(2) A lawyer applying under this rule must fulfill all of the following requirements:
(3) To qualify for call, admission and enrollment, a lawyer applying under this rule need not pass any transfer examinations, however the lawyer must certify in a prescribed form that he or she has reviewed and understands all of the materials provided by the Education Committee.
(4) A lawyer called, admitted and enrolled under this rule has no greater rights as a member of the Society than
7.12A (1) This rule applies to a member of the Society who is entitled to practise law in the jurisdiction of a reciprocating governing body of which the lawyer is a member.
(2) A lawyer may apply to the executive director for exemption from the requirement for professional liability insurance in rule 10.06, if, in another Canadian jurisdiction in which the governing body allows a similar exemption for members of the Society, the lawyer
7.13A (1) If there is an allegation of misconduct against a member of the Society while practising temporarily in another Canadian jurisdiction under provisions of a governing body equivalent to rule 7.03A, the Society will
(2) The Society may agree to allow the other governing body concerned to assume responsibility for the conduct of disciplinary proceedings under 7.13A(1), including expenses of the proceeding.
(3) In deciding whether to agree under 7.13A(2), the primary considerations will be the public interest, convenience and cost.
(4) To the extent that is reasonable in the circumstances, the executive director must do the following on the request of a governing body that is investigating the conduct of a member of the Society or a visiting lawyer who has provided legal services:
(5) Rule 7.13A 0(4) applies when the Society agrees with a governing body under 7.13A(2).
(6) A duly certified copy of a disciplinary decision of another governing body concerning a lawyer found guilty of misconduct is proof of the lawyer’s guilt.