Temporary Practice in Prince Edward Island
Temporary Mobility for Visiting Lawyers
In November 2006, the Law Society of Prince Edward Island became a signatory to the National Mobility Agreement (NMA). The regulatory scheme to implement the NMA became effective in February 2007.
Therefore, a member of another Canadian Law Society may now appear on a temporary basis in Prince Edward Island:
- to conduct all types of legal practice (e.g. court appearances and appearances related thereto, or appearances involving solicitor’s services);
- for up to 100 days in total during any 12 month period.
In order to do so, the visiting lawyer must meet all of the following qualifications:
- be a member in good standing of the lawyer’s home Canadian Law Society and be entitled to practise there ;
- be a member in good standing in any other law society of which the lawyer is a member;
- carry professional liability insurance which will provide coverage for the visiting lawyer’s practice in this province, in an amount comparable to the coverage in this jurisdiction ($1M; $2M aggregate);
- have defalcation coverage from the visiting lawyer’s home Law Society which extends to the lawyer’s practice here ;
- not be the subject of criminal or disciplinary proceedings in any jurisdiction;
- not have restrictions or conditions placed upon his or her practice or membership as the result of proceedings related to discipline, competency, capacity, admission or reinstatement.
As well, the visiting lawyer must:
- not hold himself or herself out as being willing or qualified to practise law in the province, except as a visiting lawyer ;
- not handle trust funds (which must be handled by a P.E.I. lawyer), other than retainer funds which must be promptly returned to the lawyer’s own home trust account ;
- not have established an economic nexus with Prince Edward Island (see s. 21.4 of the Regulations);
- be bound by the Legal Profession Act, Regulations and Code of Professional Conduct ;
- satisfy the Law Society of Prince Edward Island, if requested to do so, that the visiting lawyer has complied with the requirements for temporary mobility.
If the visiting lawyer’s anticipated appearance fits within the above requirements, nothing further need be done in relation to the Law Society of Prince Edward Island.
PERMISSION IN SPECIAL CIRCUMSTANCES
If the anticipated appearance does not meet the above guidelines (for example, if the appearance will be for more than 100 days, or if the lawyer does not meet the above qualifications), the lawyer may be granted a temporary permit. Note: Any part of a day spent working on a PEI-related file, whether or not you are physically in the province counts as one whole day towards the 100 days permitted. In that case, an application form must be submitted to the Law Society of Prince Edward Island.
The following documents must be attached to your application:
Original Certificate(s) of Standing (dated within the last 30 days) from each Law Society of which you are or have been a member, inside and outside of Canada;
Proof of professional liability insurance that is reasonably comparable in coverage and amounts to that required of members in Prince Edward Island and which extends to the visiting lawyer’s practice Prince Edward Island;
Proof of defalcation coverage that extends to the visiting lawyers practice in Prince Edward Island;
Additional pertinent documents to comply with specific application requirements.
TRANSFERS FROM QUEBEC
Québec lawyers may qualify to practise in Prince Edward Island as Canadian Legal Advisors (CLAs) under the following conditions:
They must be a member in good standing of the Barreau du Québec;
They must be authorized to practise law in Québec;
They must maintain the full, mandatory, professional liability insurance coverage required by the Barreau that extends to practice in Prince Edward Island;
They must have earned a bachelor’s degree in civil law in Canada or a foreign degree and a certificate of equivalency from the Barreau.
Please note: The scope of a CLA's practice is limited to giving legal advice on the law of Québec and matters involving the law of Québec, matters under federal jurisdiction and matters involving public international law.
Please contact the Law Society for further information.
