APEC economy: Canada; Jurisdiction: Newfoundland and Labrador
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
The relevant legislation is the Law Society Act 1999.
Details of the requirements for qualifying for a limited licence and what a limited licence entitles a foreign lawyer to do are included in the database. A foreign legal consultant is entitled to practise the law of his or her home jurisdiction.
In order to offer advisory services in foreign and international law, a foreign legal consultant is not required but may enter a commercial association with local lawyers.
As at June 2009, no limited licences had been granted to foreign lawyers in this jurisdiction.
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
The relevant legislation is the Law Society Act 1999. The relevant body is the Law Society of Newfoundland and Labrador.
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must comply with the Federation of Law Societies National Committee on Accreditation requirements for Canadian law degree equivalency. These requirements are the same as the rules applicable to a local applicant, insofar as knowledge content requirements are concerned.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may be employed by a foreign lawyer or foreign firm;
- foreign lawyers may provide services in some other form of commercial association with local lawyers;
- foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law.
Other regulatory issues
In this jurisdiction:
- there are specific rules in relation to advertising. These rules are found in Part VIII of the Professional Practice Rules.
- there are specific rules in relation to use of names by lawyers or law firms. These rules include that a firm name must not mislead or be capable of misleading the public.
Foreign lawyers and firms are treated the same as local lawyers in the application of these rules.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | The Law Society of Newfoundland and Labrador | www.lawsociety.nf.ca |
| Peak professional association representing the legal profession | Canada Bar Association | www.cba.org |
| Other associations playing a significant role in developing policy for the legal profession | The Federation of Law Societies of Canada | www.flsc.ca |
Other issues
In Canada, regulation of the legal profession is the exclusive responsibility of the Provincial and Territorial Law Societies. Law Societies are mandated by provincial law and territorial legislation to regulate the profession in the public interest. This includes setting rules governing admission to the profession. As such, the regulation of foreign lawyers who wish to practise in Canada is governed by the rules of the individual Law Societies. Law Societies are not representatives of, or advocates for, the profession. That role is fulfilled by organisations such as the Canadian Bar Association and its branches.