Provincial Legal Mobility in Canada, Explained

Can lawyers in Canada practise in any province?

Canadian lawyers can’t automatically practise law in another Canadian province or territory. But they can leverage mobility agreements like the National Mobility Agreement (NMA), which allow for setting up a temporary practice out-of-province and permanent transfers without requalification.

Each jurisdiction has its own law society that governs licensing, conduct, and continuing education. To practise elsewhere, lawyers must complete a formal transfer process and meet the requirements under interprovincial mobility agreements.

It should be noted that while most provinces follow common law, Quebec uses civil law. This makes transfers to or from Quebec more complicated than those between common law jurisdictions.

Does Canada have a provincial legal mobility agreement for lawyers?

Canada has several legal mobility agreements that allow lawyers to practise across provinces and territories. These are overseen by the Federation of Law Societies of Canada, which helps coordinate national standards and support inter-jurisdictional practice in Canada. 

The most significant is the National Mobility Agreement (NMA). Signed in 2002, the NMA allows lawyers in one common law province or territory to temporarily practise or permanently transfer to another without major barriers. Most law societies in Canada have adopted it in some form.

Related agreements include:

• Territorial Mobility Agreement: Extends mobility provisions to the three northern territories.
• Quebec Mobility Agreement: Governs movement between Quebec and common law provinces. 

These agreements provide for two options:

1. Temporary mobility: Lawyers can temporarily practise out-of-province for up to 100 days a year without a permit, as long as they don’t establish a permanent presence there.
2. Permanent transfers: Lawyers can apply for full admission to another bar under a simplified process, often without needing to requalify.

Together, these agreements reduce red tape and reflect the growing mobility of the legal practice in Canada.

Temporary mobility: practising law across provinces without transferring

Canada’s legal mobility agreements allow lawyers to temporarily practise out-of-province without formally transferring their licence, provided certain conditions are met. To qualify, a lawyer must be a member in good standing of a Canadian law society that has adopted the NMA or a related agreement. 

Lawyers can work in another jurisdiction for up to 100 days per year without a permit, provided they don’t establish an ongoing presence. Some activities, such as court appearances or real estate transactions, may still require special authorization or compliance with local regulations, even under temporary mobility provisions.

In-house counsel generally have more flexible rules under mobility agreements, but typically must register with the host law society if they provide legal services to their employer in that jurisdiction. 

Permanent mobility: transferring to another province

The NMA streamlines the process for lawyers seeking to permanently transfer between most common law provinces and territories. To do so, lawyers apply for admission to the destination law society by submitting a formal application, a certificate of standing, proof of call to the bar, a resume, a statement of good character, and a fee.

In most cases, no additional exams or articling are required, though transferring lawyers may need to complete a local professional responsibility or ethics course. Once approved, the lawyer is called to the bar and becomes a full member in the new jurisdiction.

Transferring does not automatically end membership in the lawyer’s home province. Many lawyers maintain dual membership to serve clients in both regions. However, this means they must meet the ongoing requirements of each law society, including fees and CPD.

Transfers to Quebec are more complex and generally require lawyers to have received formal civil law education.

It should also be noted that while the NMA and related agreements facilitate mobility, lawyers are always advised to check jurisdiction-specific requirements to ensure a smooth transition.

Exceptions and limitations for provincial legal mobility

While the NMA and related agreements have improved provincial legal mobility in Canada, participation and implementation vary by province. Some jurisdictions have adopted modified versions or impose additional conditions. As noted, Quebec has unique requirements—lawyers from common law provinces typically need formal civil law education and may have to complete specific academic or training programs.

A lawyer’s disciplinary history can also affect their eligibility. Applications may be delayed or denied if a lawyer is under investigation, suspended, or has a disciplinary record. Each law society also has discretion to assess character and fitness. Lawyers considering mobility should review the rules of both their current and destination jurisdictions to identify any specific restrictions or requirements.

Practical tips for lawyers considering interprovincial practice

1. Choose your path: Decide whether you plan to practise temporarily or transfer permanently.
2. Check requirements: Contact the destination law society to confirm licensing, insurance, and trust account obligations.
3. Complete local requirements: If transferring permanently, find out if you need to take a local ethics or professional responsibility course.
4. Build your network: Join local bar associations and attend regional events to gain insights and ease your transition.

Resources for further information on provincial legal mobility

For lawyers seeking more information about interjurisdictional practice, the following resources provide authoritative guidance:

• Federation of Law Societies of Canada (FLSC) – National Mobility of the Legal Profession: The FLSC coordinates national standards and mobility agreements. On the FLSC website, you can find the NMA and related frameworks, including FAQs and background documents.
• Law Society of British Columbia – Mobility Agreements: Offers detailed information about transferring to or temporarily practising in BC, including mobility rules, eligibility, and application forms.
• Law Society of Ontario – Lawyers from outside Ontario: Describes transfer procedures, application requirements, and the licensing process for lawyers from outside Ontario.
• Barreau du Quebec – Special authorization to practise in Quebec: Details the additional requirements for common law lawyers who wish to practise in Quebec.

Final thoughts on provincial legal mobility

Understanding provincial legal mobility in Canada is essential for lawyers navigating today’s increasingly interconnected legal marketplace. Becoming familiar with the NMA, related agreements, and transfer processes empowers lawyers to practise beyond their home jurisdictions. This flexibility allows them to better serve clients with national needs and adapt to evolving work environments.

Before making any move—whether temporary or permanent—lawyers should carefully review eligibility criteria, compliance obligations, and local regulatory requirements. This will ensure that lawyers have a smooth transition and maintain their professional standing across jurisdictions. 

In an era where legal practice is no longer confined by geography, modern lawyers need to be agile, informed, and ready to meet clients wherever they are.