Canada - New Brunswick International Trade in Legal Services

Canada - New Brunswick International Trade in Legal Services

HOME COUNTRY LICENSING QUESTIONS

Is there legislation governing the legal sector

Law Society Act 1996, http://www.lawsociety-barreau.nb.ca/emain.asp?128

Under what title do lawyers practise?

Barrister and Solicitor

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

 

 

To become a lawyer for the first time, a person must: Have a minimum Bachelor of Laws from a Canadian Common Law university (LLB) or a certificate of qualification from the National Committee on Accreditation of the Federation of Law Societies of Canada certifying that the applicant's academic credentials are at least equivalent to a Canadian common law LLB.  Applicants must then complete a 48 week articling period, 4 weeks full-time attendance at the Bar Admission course, and write Law Society of New Brunswick Bar Examinations on the Rules of New Brunswick and the examination on the statutes of New Brunswick. 

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

 

The holder can practise in the territory of New Brunswick and, pursuant to two national mobility agreements, lawyers admitted in any of the provinces or territories of Canada (other than Quebec) may become licensed in any other province or territory without passing an examination. These permanent mobility rights will be extended to mobility to and from the Barreau du Québec under a new National Mobility Agreement expected to come into force before the end of 2014. In addition, lawyers can practise temporarily, for a maximum of 100 days, in any of the following:  British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, Newfoundland, and Prince Edward Island.

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

Appearing in court and advising on the law of New Brunswick is reserved to New Brunswick licensed lawyers and other Canadian lawyers pursuant to the national mobility agreements.

Do you need to hold local nationality to be eligible to practise law?

No

What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation)

Professional Corporations, self-employment,  Partnerships, professional corporation, Limited Liability Partnerships

What other ethical or regulatory requirements must a licensed lawyer comply with? 

Law Society of New Brunswick General Rules: http://lawsociety-barreau.nb.ca/uploads/forms/General_Rules_under_the_Law_Society_Act%2C_1996_-_R%C3%A8gles_g%C3%A9n%C3%A9rales_prises_sous_le_r%C3%A9gime_de_la_loi_de_1996_sur_le_Barreau.pdf
Code of Professional Conduct: http://www.lawsociety-barreau.nb.ca/assets/documents/CODEOFPROFESSIONALCONDUCT_February_2009.pdf

Do law firms need to receive a "license" (or permission/approval) to practice law?

A permit for a professional corporation must be obtained from the Law Society

Which authority issues licences? Are there different authorities for individuals and firms? 

Law Society of New Brunswick

   

INDIVIDUAL FOREIGN LAWYERS

Are there any explicit rules or restrictions other than visas on fly in fly out practice of law? Ie. Do you need to obtain a licence for temporary practice?

Foreign lawyers are required to obtain a permit as a foreign legal consultant. Fly-in-fly-out practice is not permitted without a permit.

Can a foreign lawyer obtain a visa to visit clients or to market but not to practice?

See information for Canada

Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence?

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).   A foreign lawyer must apply to the Law Society for a permit to act as a Foreign Legal Consultant: http://www.lawsociety-barreau.nb.ca/emain.asp?722

Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement)

The relevant legislation is the Foreign Legal Consultants Rules and the Law Society Act 1996.

Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice)

Must have practised in own jurisdiction for at least three years.   Foreign legal consultants may only practise the law of their home jurisdiction, and are prohibited from handling trust moneys

Are foreign lawyers permitted to undertake arbitration and mediation? Yes
Are foreign lawyers allowed to appear in court under any circumstances?

No - not without becoming licensed in a Canadian jurisdiction.

Can foreign lawyers requalify as local lawyers?

 

 

Yes.  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 credentials and experience. The National Committee on Accreditation establishes the educational and practising criteria an applicant must meet to be considered for admission to the Law Society. Once an applicant satisfies those criteria, he or she must follow the same process for admission as domestic graduates.

FOREIGN LAW FIRMS

Can a foreign law firm obtain a licence to open an office?

Foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law.  There is no explicit foreign law firm licensing regime which regulates these arrangements.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Foreign investment in Canada by non-Canadians is subject to a regulated review process governed by the Investment Canada Act (ICA), a federal department called Industry Canada and a federal agency called Investment Canada. The ICA provides that every foreign investor (defined by the ICA as a “non-Canadian”) must file a Notification with Industry Canada (unless the investment is specifically exempt under the ICA), every time a non-Canadian begins a new business activity in Canada or acquires control of an existing business in Canada.
Are there different types of foreign law firm 'licence'  (e.g. Joint Law Venture, stand alone foreign licence etc)

Not applicable

Is there a quota on the number of licences available?

Not applicable

Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have?

Not applicable

Are there "scope of practice" rules that apply directly to foreign law firms (as opposed to lawyers themselves)? (e.g. home, host, international law), if so, what are they? They can advise on home and international law.
Are there restrictions on the corporate form a foreign law firm can take?  
Are there rules about the name a foreign law firm can take? A foreign legal consultant when engaging in advertising or another form of marketing activity in Manitoba must use the term 'foreign legal consultant' and 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.
What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL There is no explicit foreign law firm licensing regime which regulates these arrangements.
   

EMPLOYMENT AND PARTNERSHIP

Are there restrictions on the ownership share of foreign lawyers in a law firm?

 

May a domestic lawyer be employed by a foreign lawyer or law firm?

Yes

Can a domestic lawyer enter into partnership with a foreign lawyer?

Yes

Can a domestic lawyer or domestic law firm employ a foreign lawyer?

Yes

   

OTHER USEFUL LINKS/SOURCES

Other useful sources or comments or links

The Law Society of New Brunswick: http://www.lawsociety-barreau.nb.ca/

Verified by

Federation of Law Societies of Canada (August 2014)