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Frequently Asked Questions

What is the Equality, Diversity and Inclusion Initiative?
The Equality, Diversity and Inclusion initiative comprises strategies that the Law Society is implementing to address racism and discrimination in the professions.
What is the goal of this initiative?
The Challenges Faced by Racialized Licensees Working Group found that racialized lawyers and paralegals face barriers at all stages of their careers. The goal of these strategies is to break down these barriers. The main objectives are to:
- Create more inclusive legal workplaces in Ontario
- Reduce barriers created by racism, unconscious bias and discrimination
- Increase representation of racialized licensees in the professions, in proportion to the representation in the Ontario population, in all legal workplaces and at all levels of seniority.
Why do the strategies include regulatory obligations?
The Law Society believes that requiring licensees to make a clear commitment to equality, diversity and inclusion will encourage lawyers and paralegals to consider their individual roles in creating lasting change.
What are my obligations?
See a summary of what you need to know and do.
CPD Equality, Diversity and Inclusion Requirement
For Frequently Asked Questions, see the Continuing Professional Development webpage

What exactly are the requirements for a Human Rights and Diversity Policy?
The policy must address, at the very least, fair recruitment, retention and advancement. See the Human Rights and Diversity Policy page for more information about content and sample policies.
Does the Law Society have sample policies or other resources?
Yes. Please see these Human Rights and Diversity Page for samples and other resources.
Does the policy have to be exactly like the examples provided?
No. You must satisfy yourself that you are meeting the requirement. The Law Society’s resources and templates are provided to assist you and provide guidance.

To determine how this requirement applies to you

How do I know if I need to have a Human Rights and Diversity Policy?

See the Human Rights and Diversity page for information on how this requirement applies to you. See also additional FAQs below.

What is the definition of a legal workplace?

A place of work in Ontario where legal work is being done, such as providing legal advice, guidance or opinions.

How do I determine if someone is a licensee?

There is a definition in subsection 1(1) of the Law Society Act and most licensees are listed in the Law Society’s Lawyer and Paralegal Directory. For the purposes of your obligations relating to these strategies, include people who are licensees but are not working in a legal capacity, licensees whose licence is suspended and licensees on leave. You do not need to include Judges, as their licence is in abeyance as a result of subsection 31(1) of the Law Society Act.

What does it mean to be employed by a non-licensee?

For the purposes of this requirement, your employer is the individual or entity that pays your salary. For example, crown attorneys and in-house counsel are employed by non-licensees.

I have more than one employer. How does this requirement apply to me?

Licensees who have multiple places of work should include themselves in the setting where there are 10 or more licensees, if there is one. If none of the legal workplaces include 10 or more licensees then the Human Rights and Diversity Policy Requirement does not apply.

I work on a contract basis with a number of different employers. How does the requirement apply to me?

You should familiarize yourself with the requirement and its intent, and take appropriate steps to satisfy yourself that you are meeting the requirement. Licensees who have multiple places of work should include themselves in the setting where there are 10 or more licensees, if there is one. If none of the legal workplaces include 10 or more licensees then the Human Rights and Diversity Policy requirement does not apply.

I work in the legal department of a large, multi-national organization. How do I determine if my employer is a licensee?

For the purposes of this requirement, your employer is the individual or entity that pays your salary.

I work outside of Ontario; do I still need to meet the requirement for a Human Rights and Diversity Policy?

No. This requirement applies only to those in legal workplaces of at least 10 licensees in Ontario

I am not practising law or providing legal services; do I still need to meet the requirement for a Human Rights and Diversity Policy?

All licensees in legal workplaces in Ontario of at least 10 licensees must meet the requirement for a Human Rights and Diversity Policy. As with all Law Society obligations, licensees must satisfy themselves that they have complied.

There is a definition of licensee in subsection 1(1) of the Law Society Act. ‘Licensee’ includes anyone who is licensed by the Law Society of Ontario to practise law or provide legal services in Ontario.
If you are licensed by the Law Society and are working in a legal workplace in Ontario with at least 10 licensees, you must meet this requirement regardless of whether you are currently practising law or providing legal services.

My licence is in abeyance; do I need to meet the requirement for a Human Rights and Diversity Policy?

No. Those whose licence is in abeyance under section 31 of the Law Society Act do not need to meet the requirement for a Human Rights and Diversity Policy.

How do I determine how many licensees are in my legal workplace?

All licensees should be included when determining if there are 10 or more licensees in your legal workplace. You can make inquiries and use the Lawyer and Paralegal Directory to determine if someone is a licensee.

What if I had no idea someone was a licensee so I didn’t know to check?

Licensees should determine if there are 10 or more licensees in their legal workplace to the best of their knowledge.

For licensees in legal workplaces of 10 or more licensees where the employer is a licensee

For licensees in legal workplaces of 10 or more licensees where the employer is a licensee:

What is the definition of a designated licensee representative? How is one selected?

Licensees at a legal workplace of 10 or more licensees may select any lawyer or paralegal at the workplace licensed by the Law Society of Ontario to be the appointed representative.

What are my responsibilities as the appointed representative?

The appointed representative will report in their Annual Report Filing on the development, implementation and maintenance of their workplace Human Rights/Diversity Policy. The other licensees in the workplace will be required to identify the appointed licensee in their Annual Report Filing.

How does the reporting through the Annual Report Filing work?

The mechanism for reporting is similar to the process for reporting financial information. The licensee representative should obtain the Law Society Numbers for all licensees included in the report. Licensees who are not the designated licensee representative should obtain the Law Society Number of the designated representative to simplify the reporting process.

Does the designated licensee representative for these obligations have to be the same licensee that reports the financial information for a legal firm?

No. You can choose the same licensee or a different licensee to report the information required.

As the appointed representative, am I subject to any regulatory actions? Do I take on any additional risk?

There is no additional risk. Any licensee at a legal workplace of 10 or more licensees where the designated licensee representative reports non-compliance with this requirement in their Annual Report Filing will be advised of their obligations in writing.

What happens to me if my workplace is found not to be compliant, but I am not the licensee representative?

Any licensee at a legal workplace of 10 or more licensees where the designated licensee representative reports non-compliance with this requirement in their Annual Report Filing will be advised of their obligations in writing.

For licensees in legal workplaces of 10 or more licensees where the employer is a non-licensee

For licensees in legal workplaces of 10 or more licensees where the employer is a non-licensee:

My employer is a not a lawyer or paralegal and I have no control over the policies of the workplace. How can I meet this requirement?

Licensees employed by a non-licensee employer should make inquiries to determine if a Human Rights/Diversity Policy exists and use their best judgment to determine whether it is in keeping with the requirements in the strategies. In their Annual Report Filing, licensees in legal workplaces with 10 or more licensees, whose employer is a non-licensee and does not have an appropriate policy, will be asked to acknowledge their individual obligation to have a Human Rights/Diversity Policy that is implemented and maintained, and that addresses fair recruitment, retention and advancement in the legal workplace.

I have no control over the policies of my workplace. How can I implement and maintain a Human Rights/Diversity policy?

As a licensee, you have an individual obligation to have a Human Rights/Diversity Policy that addresses at least fair recruitment, retention and advancement in the legal workplace. You can use the resources provided by the Law Society to develop a policy and look for opportunities to address fair recruitment, retention and advancement in the legal workplace.

Does this mean I need to have a written policy?

Yes. Licensees in legal workplaces of 10 or more, who report to a non-licensee and whose workplace does not have a policy that meets the Law Society’s requirements must have a written policy that addresses, at least, fair recruitment, retention and advancement. The Law Society has developed resources to assist you in developing this policy.

What happens to me if I do not comply with this requirement?

Any licensee at a legal workplace of 10 or more licensees who reports non-compliance with this requirement in their Annual Report Filing will be advised of their obligations in writing.

For licensees in legal workplaces of 9 or fewer licensees

For licensees in legal workplaces of 9 or fewer licensees:

I am in a legal workplace with 9 or fewer licensees. Should I still have a Human Rights/Diversity Policy?

The Human Rights Diversity Policy requirement does not apply to licensees in legal workplaces with 9 or fewer licensees. Licensees in these workplaces are encouraged to review the resources provided and develop a Human Rights/Diversity Policy, but they will not report it through their Annual Report Filing.

Why is the Law Society implementing this as a regulatory requirement?
The Law Society concluded that required minimum standards of equality, diversity and inclusion, will reinforce the human rights responsibilities of licensees – obligations already required by the Rules of Professional Conduct, the Paralegal Rules of Conduct and, more generally, the Human Rights Code.

Measuring Progress - Annual Report Filings and Inclusion Index
- Workplace Self-Assessment through Annual Report Filing
  - What is the self-assessment requirement?
    Every two years, beginning in 2018, a licensee representative of each legal workplace of at least 10 licensees in Ontario must complete equality, diversity and inclusion self-assessment questions for their legal workplace. The self-assessment questions are contained in the Annual Report Filing.
  - What is the purpose of a self-assessment?
    To have legal workplaces engage in dialogue and reflection on the current state of diversity and inclusion within their workplace and to encourage legal workplaces to work proactively to advance diversity and inclusion.
  - What are the self-assessment questions?
    A preview of the self-assessment questions is available here.
  - Who is required to fill out the self-assessment?
    Each legal workplace of at least 10 licensees must designate a licensee representative to complete the self-assessment questions on behalf of the legal workplace.
  - Will my workplace licensee representative have to fill out the self-assessment questions every year?
    The self-assessment will be included in the Annual Report Filing every two years, beginning with the 2018 Annual Report Filing.
  - I work in a legal workplace of less than 10 licensees; can my workplace still fill out the self-assessment?
    No. Only workplaces of at least 10 licensees can fill out the self-assessment questions in the Annual Report Filing; however, the Law Society encourages legal workplaces to conduct their own self-assessments to assist with advancing diversity and inclusion in the workplace.
  - I am the licensee representative designated to fill out the self-assessment; where can I find it?
    The self-assessment questions are contained in the Annual Report Filing. A preview of the self-assessment questions is available here.
  - A preview of the self-assessment is available on the Law Society’s website; can I fill it out now and submit it to the Law Society?
    No. The self-assessment questions must be answered in the Annual Report Filing. You may consider engaging in some of the following activities in preparation: review the questions, gather any information you need to respond, engage in dialogue and reflection on the current state of diversity and inclusion within your workplace, review online resources to enhance diversity and inclusion in the workplace.
  - What will the Law Society do with the results of the self-assessment?
    
    Data collected through workplace demographic, inclusion and self-assessment questions in licensees’ Annual Report Filings will enable the Law Society to better understand demographic trends and will inform our efforts to promote equality and diversity in the legal professions.
    
    The Law Society will compile the data collected through Annual Report Filings and will develop an inclusion index including individualized reports for each legal workplace of 25 or more licensees.
    
    The Law Society will also provide a public report regarding the progress of the profession with respect to equality, diversity and inclusion based on information gathered for the inclusion index.
    See FAQs on Inclusion Index below.
- Self-Identification Questions
  - Why is the Law Society asking me to provide my demographic information?
    The Law Society is committed to promoting equality and diversity in the legal professions and to enhancing legal services provided by and for Indigenous, Francophone and equality-seeking communities. The answers to these questions will help the Law Society to better understand demographic trends and promote equality and diversity in the professions.
  - Are the self-identification questions in the Annual Report Filing mandatory?
    No. You must provide a response to each question in this section, but you may select “I do not wish to answer”, if you do not wish to provide your self-identification data.
  - What will the Law Society do with this information?
    
    Data collected through workplace demographic, inclusion and self-assessment questions in licensees’ Annual Report Filings will enable the Law Society to better understand demographic trends and will inform our efforts to promote equality and diversity in the legal professions.
    
    The Law Society will compile the data collected through Annual Report Filings and will develop an inclusion index including individualized reports for each legal workplace of 25 or more licensees.|
    
    The Law Society will also provide a public report regarding the progress of the profession with respect to equality, diversity and inclusion based on information gathered for the inclusion index.
    
    See Inclusion FAQs below.
  - Will the Law Society continue to publish the yearly Statistical Snapshots of lawyers and paralegals in Ontario?
    Yes. The Law Society has been publishing yearly “snapshots” since 2009 and will continue to do so. This information is reported in the aggregate and provides an overview of the legal profession on a year to year basis. These reports provide important information about the legal professions.
  - I work in a legal workplace of less than 25 licensees; can my workplace request their demographic profile?
    No. In order to maintain the confidentiality of licensees, the Law Society will not provide a demographic profile to legal workplaces with less than 25 licensees. The Law Society will continue to publish yearly statistical snapshots of lawyers and paralegals as it has done since 2009.
  - I do not see my identity reflected in the potential answers to these questions; how did the Law Society come up with these categories?
    The categories listed in the potential answers to these questions reflect those used by Statistics Canada. This allows the Law Society to compare the data obtained from the professions with that of the province.
- Inclusion Questions
  - Why is the Law Society asking me to answer inclusion questions?
    The Law Society is committed to promoting equality and diversity in the legal professions and to enhancing legal services provided by and for Indigenous, Francophone and equality-seeking communities. The answers to these questions will help the Law Society to better understand demographic trends and to promote equality and diversity in the professions.
  - Are the inclusion questions mandatory?
    No. You must provide a response to each question in this section, but you may select “I do not wish to answer”, if you do not wish to provide an answer.
  - Will I be asked to answer inclusion questions in the Annual Report Filing every year?
    No. The inclusion questions will be included in the Annual Report Filing every four years, beginning with the 2018 Annual Report Filing.
  - What will the Law Society do with this information?
    
    Data collected through workplace demographic, inclusion and self-assessment questions in licensees’ Annual Report Filings will enable the Law Society to better understand demographic trends and will inform our efforts to promote equality and diversity in the legal professions.
    
    The Law Society will compile the data collected through Annual Report Filings and will develop an inclusion index including individualized reports for each legal workplace of 25 or more licensees.
    
    The Law Society will also provide a public report regarding the progress of the profession with respect to equality, diversity and inclusion based on information gathered for the inclusion index.
    
    See inclusion index FAQs below.
  - I work in a legal workplace of less than 25 licensees; can my workplace request their inclusion information?
    No. In order to maintain the confidentiality of licensees, the Law Society will not provide inclusion question results to legal workplaces with less than 25 licensees.
- Inclusion Index
  - What is an inclusion index?
    The Law Society will compile the following data, collected for legal workplaces of 25 licensees or more, through Annual Report Filings:
    
    Workplace self-assessment data
    
    Licensee self-identification data
    
    Licensee inclusion question data.
    
    We will analyze the data and develop an inclusion index, including individualized reports for each legal workplace of 25 or more licensees.
    
    The Law Society will also provide a public report regarding the progress of the profession with respect to equality, diversity and inclusion based on information gathered for the inclusion index.
  - What is the purpose of an inclusion index?
    The index is a valuable tool for legal workplaces and the Law Society to determine whether there is progress in the professions in the areas of diversity and inclusion.
  - When will the inclusion index be published?
    The Law Society is currently studying the data collected through the 2018 Annual Report Filings and working with consultants on the inclusion index and the information on the progress of the profession with respect to equality, diversity and inclusion that will be made public.
  - My workplace has more than 10 licensees but less than 25 licensees. Why was my workplace required to fill in a self-assessment if the results will not be in the inclusion index?
    The Law Society believes that it is important to have legal workplaces engage in dialogue and reflection on the current state of diversity and inclusion within their workplace. The information will also help the Law Society track trends over time and refine initiatives to address the challenges faced by racialized licensees and other equality-seeking groups.
Requirement to Acknowledge Human Rights Laws
On September 11, 2019, Law Society benchers approved a motion to require licensees to acknowledge in their annual reports, in accordance with the professional conduct rules, their special responsibility as a lawyer or paralegal to respect the requirements of human rights laws in Ontario and to honour the obligation not to discriminate.

Terms or Concepts Explained