APEC economy: Canada; Jurisdiction: Saskatchewan
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 Legal Profession Act, section 10(i) and the Rules of the Law Society of Saskatchewan (Rule 220).
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. These requirements are similar to other jurisdictions in Canada. As to form of practice requirements, a foreign legal consultant may practise in Saskatchewan the law of the country or internal jurisdiction of the country in which he or she is qualified to practise.
In order to offer advisory services in foreign and international law, a foreign legal consultant is not required to 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 Legal Profession Act and the Rules of the Law Society of Saskatchewan.
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must apply to the National Committee on Accreditation for evaluation of their legal credentials and experience, in the same manner as for other Canadian jurisdictions. These requirements differ from the rules applicable to local applicants in that applicants with Canadian common law degrees may apply directly to the Law Society.
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, but the rules prohibit lawyers from splitting fees with persons who are not lawyers;
- foreign lawyers may provide services in some other form of commercial association with local lawyers, but the rules prohibit lawyers from splitting fees with persons who are not lawyers;
- foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law;
- foreign firms are permitted to enter into commercial association with local lawyers or law firms. Other form of practice requirements includes that foreign legal consultants must not be directors of or own the voting shares of a professional corporation (see Rule 1401(2)).
Other regulatory issues
In this jurisdiction:
- there are specific rules in relation to advertising. These rules are found in the Rules of the Law Society of Saskatchewan (Rules 1600 - 1620) (see database for further details);
- there are specific rules in relation to use of names by lawyers or law firms. These rules are that Rule 1606 prohibits law firm names that are misleading or undignified. Foreign lawyers and firms are treated differently from local lawyers in the application of these rules, in that Rule 220(9) of the Rules of the Law Society of Saskatchewan state:
A foreign legal consultant when engaging in advertising or another form of marketing activity in Saskatchewan:
- shall use the term 'foreign legal consultant';
- shall state the country or general jurisdiction in respect of which he or she is qualified to practise law and the professional title used in that country or general jurisdiction; and
- shall not use any designation or make any representations from which a person might reasonably conclude that he or she is a member of the Society.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Law Society of Saskatchewan | www.lawsociety.sk.ca |
| Peak professional association representing the legal profession | Canadian Bar Association - Saskatchewan Branch | www.cba.org/saskatchewan/main/home |
| Other associations playing a significant role in developing policy for the legal profession | 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.