Canada - Yukon International Trade in Legal Services

Canada - Yukon International Trade in Legal Services

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HOME COUNTRY LICENSING QUESTIONS

Is there legislation governing the legal sector	Legal Profession Act: http://www.lawsocietyyukon.com/act.php
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?	In order to become a lawyer in Yukon, you must obtain a law degree and then successfully complete the Bar Admissions process and 12 month articling period.
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 Yukon and, due to national mobility legislation, can practise temporarily, for a maximum of 100 days, in any of the following: Alberta, British Columbia, Saskatchewan, Manitoba, New Brunswick, Upper Canada, Prince Edward Island, Newfoundland & Labrador, Nova Scotia, Northwest Territories and Nunavut. Since Quebec is a civil law jurisdiction, a different approach to mobility to and from that province is required. The Barreau du Quebec introduced a new membership category, Canadian Legal Advisor to permit lawyers from other Canadian provinces and territories to become members of the Barreau with the right to practise federal law, the law of their home jurisdiction and public international law. In 2012, an Addendum to the Quebec mobility regime was signed to include members of the Chambre des notaires du Québec. http://www.flsc.ca/en/national-mobility-of-the-legal-profession/
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 Yukon
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 corporation
What other ethical or regulatory requirements must a licensed lawyer comply with?	Code of Professional Conduct: http://www.lawsocietyyukon.com/code.php
Do law firms need to receive a "license" (or permission/approval) to practice law?	If they wish to form a professional corporation they need to apply to the Law Society for a permit.
Which authority issues licences? Are there different authorities for individuals and firms?	Law Society of Yukon

GENERAL TRADE IN LEGAL SERVICES QUESTIONS

Is the jurisdiction a member of the WTO?	See information for Canada
Has it made any commitments under GATS in legal services?	See information for Canada
Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?	See information for Canada
Do these currently include legal services or are there plans to include them in future?	See information for Canada
Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?	See information for Canada
Are there any 'foreign law' firms present in this jurisdiction?	No

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?	There are no explicit regulatory restrictions on foreign lawyers working on 'fly in/fly out' transactions beyond visa requirements.
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 cannot obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement)	N/A
Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice)	N/A
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 not permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law.
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)
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?	Not applicable
Are there restrictions on the corporate form a foreign law firm can take?	Not applicable
Are there rules about the name a foreign law firm can take?	Not applicable
What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL	Not applicable

EMPLOYMENT AND PARTNERSHIP

Are there restrictions on the ownership share of foreign lawyers in a law firm?	Foreign firms are not permitted to enter into commercial association with local lawyers or law firms
May a domestic lawyer be employed by a foreign lawyer or law firm?	No
Can a domestic lawyer enter into partnership with a foreign lawyer?	No
Can a domestic lawyer or domestic law firm employ a foreign lawyer?

OTHER USEFUL LINKS/SOURCES

Other useful sources or comments or links	Law Society of Yukon: http://www.lawsocietyyukon.com/

Verified by	Federation of Law Societies of Canada (August 2014)