Policy and Procedures for Accommodations for Candidates in the Lawyer and Paralegal Licensing Processes

Revised April 2024

1. Introduction
2. Purpose
3. Policy
4. Confidentiality and Disclosure of Information
5. Procedure to Request a Licensing Examination Accommodation and Responsibilities of Requesting Candidate
6. Responsibilities of Examination Administration When Considering an Accommodation Request
7. Undue Hardship
8. Appeal Procedure

1. Introduction

As the governing body of a profession concerned with justice, the Law Society of Ontario (Law Society) has a strong public interest in promoting equality. The legal approach to equality recognizes that treating people identically is not synonymous with treating them equally. Substantive equality requires the accommodation of differences that arise from the grounds listed in the Human Rights Code, R.S.O. 1990, c. H.19 (Code). If a rule, requirement, or expectation of the Lawyer Licensing Process or the Paralegal Licensing Process (individually and collectively, the Licensing Process) creates difficulty for a candidate because of factors related to one or more of the grounds listed in the Code, a duty to accommodate may arise.

Examples of accommodation for licensing examinations include the following:

• special equipment, such as a Law Society computer equipped with text-to-speech software;
• a room with a limited number of candidates;
• a reader or scribe; and
• additional writing time.
   

This document outlines the policy and procedures applicable to candidates in the Licensing Process when they request an accommodation based on grounds listed in the Code in connection with a licensing examination. The accommodation policy is subject to the requirements of the Code and operates within the overall mandate of the Law Society to ensure that entrants to the profession are competent to practise law or provide legal services, as applicable. 

For accommodation for activities other than licensing examinations (e.g., call to the bar ceremonies), candidates should send a message through their online licensing account. Information regarding accommodations for the call to the bar ceremony is available on the Law Society’s Call to the Bar webpage.

Candidates should note that other institutions (e.g., colleges, universities, law firms, the National Committee on Accreditation) have their own policies, procedures, and processes for accommodation.

This document operates pursuant to, and should be read in conjunction with, the Licensing Process Policies applicable to lawyer candidates and paralegal candidates.
 

2. Purpose

The purpose of this document is to set out:

• the Law Society’s duty to accommodate candidates in the Licensing Process;
• the Law Society’s procedures for accommodation in respect of licensing examinations; and
• candidates’ responsibilities when requesting and receiving accommodation in the Licensing Process.

3. Policy

The Law Society is committed to ensuring that the requirements of the Licensing Process are directly and logically connected to the competent practice of law or provision of legal services and that people who wish to practise law or provide legal services in Ontario are not effectively barred from qualifying because of one or more grounds listed in the relevant section of the Code. For the purposes of this policy, the word “disability” includes various medical conditions, in accordance with the interpretation of that term under the law of Ontario.

The Law Society recognizes that its commitment to equality requires that it accommodate individuals, up to the point of undue hardship, in respect of one or more of the relevant grounds listed in the Code. The Law Society provides accommodation, as appropriate, for candidates who are otherwise unable to meet a condition or requirement of the Licensing Process as result of a ground listed in the Code.

Accommodation for candidates in the Licensing Process in respect of licensing examinations is coordinated and provided by Examination Administration staff. Examination Administration develops accommodation plans in respect of licensing examinations by adapting the conditions or requirements of the licensing examinations for individual candidates.

Third-party service providers will be briefed on the Law Society’s practices and this policy, in recognition of their importance to the success of the Licensing Process and to promote their appropriate responses to candidates' needs.

The Law Society reviews its practices and this policy on a regular basis to address barriers that might affect candidates identified by the grounds listed in the Code.

4. Confidentiality and Disclosure of Information

The Law Society’s Licensing and Accreditation department maintains information and records related to a candidate’s accommodation request, including any actions taken and relevant documentation. Information is maintained in a manner consistent with the Law Society’s regulatory mandate, and limited information may be shared with third parties (e.g., proctoring service providers) as needed in order to address the accommodation request.

Where an accommodation is requested on the basis of a disability (including an illness, an injury, or a medical condition) or a pregnancy- or maternity-related need (together, Maternal Need), a candidate will be required to provide medical confirmation that the disability or Maternal Need exists but will not generally be required to provide specific medical information, such as a diagnosis, where that information is not reasonably necessary to address the accommodation request. A candidate may voluntarily provide more detailed information about the candidate’s disability, including a specific diagnosis, where the candidate feels comfortable doing so.

A candidate who seeks or requires accommodation from the Law Society after becoming licensed is required to submit a new request to the appropriate department along with any required supporting documentation.

5. Procedure to Request a Licensing Examination Accommodation and Responsibilities of Requesting Candidate

Examination Administration requires from candidates, and candidates have a responsibility to provide, information that is reasonably necessary to address a licensing examination accommodation request.

The candidate must identify the ground(s) (e.g., disability, creed) upon which the accommodation is requested.

The candidate must provide sufficient information to confirm the existence of a need for accommodation and the type(s) of accommodation requested, as well as any further supporting information regarding the accommodation request that may be requested by Examination Administration, such as information clarifying the candidate’s functional limitations and connecting the functional limitations to the accommodation requested.

The candidate must cooperate by obtaining and submitting necessary and relevant information and, when requested by Examination Administration, participating in communications about solutions and alternatives. Where the Law Society requires the assistance of a third party in assessing or addressing the candidate’s functional needs and limitations, the candidate must cooperate with the third party.

Deadlines and timeline

Given the number of candidates who seek accommodation in each licensing year, the Law Society strongly encourages candidates to identify their need for accommodation as soon as possible, and in all cases by the stated deadlines.

Deadlines for the complete accommodation request, including all supporting documents, are as follows:

• New candidates entering the Licensing Process: The complete request must be submitted at the same time as the candidate’s Licensing Process application.
• Candidates already registered in the Licensing Process: Where a candidate registered in the Licensing Process has a new or emerging need for accommodation, or is requesting a change to an existing approved accommodation plan, the complete request must be submitted as soon as the candidate discovers the need for the accommodation or revision to an accommodation plan, and, in any event, no later than the posted deadline for accommodation for a given licensing examination sitting.

In some circumstances, Examination Administration may require additional information from a candidate. A candidate’s delay in responding to the request may result in a delay in the provision of accommodation.

If after the candidate has made a request for a licensing examination accommodation but before an accommodation plan has been approved there are any changes to the candidate’s circumstances that could affect the need for accommodation or the type(s) of accommodation required, the candidate must inform Examination Administration as soon as possible.

The Law Society reviews all accommodation requests received. Requests are reviewed based on the applicable deadlines.

The Law Society must ensure that all approved accommodation plans are properly resourced and implemented for each licensing examination, and the attempt to implement late accommodation requests impacts the Law Society’s ability to effectively administer approved accommodation plans for other candidates. As a result, if a candidate fails to meet the applicable deadlines, even if this arises through no fault of the candidate (e.g., where the need for accommodation arose just prior to or after the applicable deadline), the Law Society may be unable to address the request in time for the candidate to write the licensing examination with accommodation during the candidate’s preferred sitting. In such cases, the candidate is encouraged to consider deferring to a future sitting of the licensing examination. If the candidate has registered for a licensing examination and paid all associated fees, the candidate will remain registered to sit the licensing examination under standard conditions unless a Request for Examination Registration or Deferment form is submitted in accordance with the requirements.

Required documentation

To request accommodation on a licensing examination, candidates must submit a request in writing to Examination Administration. The request must be made in sufficient detail and be accompanied by appropriate verifiable documentation to ensure that Examination Administration has all the necessary information to determine an appropriate accommodation.

All requests must include a completed Form A – Candidate Request for Licensing Examination Accommodation (Form A).

Requests based on a disability or a Maternal Need must include a completed Form B: Health Care Professional Recommendation for Licensing Examination Accommodation (Form B).  Form B must be completed by a regulated health care professional who is licensed to diagnose the disability and who has made or confirmed the diagnosis of the disability. Form B must be submitted directly by the health care professional to Examination Administration, by email, along with any appendices or supporting information.

Form B must

• explain in detail the candidate’s relevant current functional limitations;
• explain how the candidate’s functional limitations result from the disability or Maternal Need; and
• explain how the recommended accommodation will mitigate the effects of the candidate’s functional limitations.

All recommended accommodations should be as specific as possible and must take into account the format of the licensing examination, which is set out in the Guide to Licensing Examinations.

The accommodation approved by the Law Society may not be identical with the accommodation recommended by the health care professional.

Requests for additional time: further required documentation

Where additional writing time is being requested or recommended, the precise amount of additional time must be stated. No requests for unlimited time will be granted.

Form B must provide a measurable basis to support the specific amount of additional writing time recommended. The measurable basis will typically include most of the following: details concerning relevant tasks that the candidate can be expected to perform less quickly, less accurately, or not at all, as a result of the candidate’s functional limitations (e.g., physically manipulating study materials; bubbling in answers on the answer sheet; reading the licensing examination or study materials; knowing and applying the law; thinking critically); quantifiable information concerning the candidate’s performance on those relevant tasks (e.g., how much less quickly or how much less accurately the candidate is able to perform them); an explanation of why the specific amount of extra time recommended is appropriate in light of the above quantifiable information; and references to sources (e.g., academic articles or texts, medical tests performed) that support the health care professional’s recommendation.

Where the request for additional time is based on a cognitive condition (e.g., a learning disability, ADHD), a psychological or psycho-educational assessment report (Report) may be required, in addition to Form B. The Report should describe in detail the severity of the cognitive condition and the candidate’s specific functional limitations. It should also explain how the cognitive condition causes those functional limitations. The measurable basis provided in Form B should refer to specific information from the Report.

The Report should be sufficiently recent to provide an accurate picture of the candidate’s current functional limitations. If a recent complete Report cannot be obtained, an older complete Report may suffice if accompanied by a detailed recent letter from a regulated health care professional stating what has or has not changed in the candidate’s situation since the date of the Report and setting out the candidate’s current functional limitations as demonstrated by the results of relevant recent tests.

Whether the Report is sufficiently recent may depend on individual circumstances and on the nature of the disability. For example, in some cases,

• a Report that relates to a candidate’s disability and limitations prior to the start of law school may not be relevant to the candidate’s functional limitations following completion of law school;
• a Report that relates to a candidate’s disability and limitations more than 5 years ago may not be relevant to the candidate’s current functional limitations;
• a Report that relates to a disability that varies over relatively short periods of time may not be relevant to the candidate’s current functional limitations; and
• a Report that relates to limitations that have been addressed with medication that does not describe the candidate’s limitations while using such medication may not be relevant to the candidate’s current functional limitations.

Candidates are responsible for providing to the health care professional all information that the health care professional requires in order to complete Form B.

Information from other organizations

Candidates are encouraged to provide information regarding any prior accommodation they have received from another organization or institution (such as the Law School Admission Council, the National Committee on Accreditation, or the candidate’s law school or paralegal college). This information may assist Examination Administration in determining an appropriate accommodation.

However, information regarding any prior accommodation a candidate has received is not a guarantee that the same accommodation, or any accommodation, will be provided in respect of a licensing examination, as requests are individually assessed in light of the specific format of the licensing examinations and the conditions and requirements of the Licensing Process.

6. Responsibilities of Examination Administration When Considering an Accommodation Request

When a candidate requests an accommodation for a licensing examination, Examination Administration has the responsibility to assess the need for accommodation.

Examination Administration respects the dignity of the candidate requesting the accommodation. This means acting in a manner that recognizes the privacy, confidentiality, comfort, autonomy, and self-esteem of the candidate. Examination Administration presumes that the accommodation request is made in good faith unless there are legitimate reasons for believing otherwise.
Examination Administration requests information that is reasonably necessary to consider the accommodation request and considers accommodation requests in a timely manner, having regard to the circumstances, where the request (including all necessary supporting information) has been submitted by the deadline.

Examination Administration considers any suggestions or recommendations offered by the candidate or the health care professional in arriving at a strategy for accommodation. Examination Administration may consult further with the candidate, the health care professional, or another health care professional to help determine the most appropriate accommodation.

If Examination Administration believes that a requested accommodation is not appropriate considering a candidate’s functional limitations, the format of the licensing examinations, or the Law Society’s duties, Examination Administration considers alternative accommodations.

Unless stated otherwise, Examination Administration will be responsible for providing the hardware, software, equipment, etc., that are reasonably necessary to implement an approved accommodation.

In some cases, in the interest of both prompt attention to the needs of a particular candidate and the need to explore the utility of various accommodation strategies, an interim accommodation may be implemented.

7. Undue Hardship

Candidates are entitled to reasonable accommodation up to the point of undue hardship; they are not entitled to their preferred form of accommodation, nor to a perfect accommodation. An accommodation will not be provided if it imposes undue hardship on the Law Society. Determinations are made on a case-by-case basis by the Law Society.

A decision by the Law Society not to grant a requested accommodation on the basis of undue hardship will be communicated to the candidate in writing, along with reasons.

8. Appeal Procedure

If an accommodation request is refused, or the candidate considers the approved accommodation to be unsatisfactory, the candidate may appeal the decision of Examination Administration in writing to the Director, Licensing and Accreditation.

Where the Law Society requests additional information in support of an accommodation request, such request does not constitute a refusal of the accommodation request, and no appeal to the Director is available.

A written appeal request must be submitted within ten business days after the date on which Examination Administration notifies the candidate of its decision. Written appeal requests should be submitted either through the candidate’s online licensing account or by email to examinationaccommodation@lso.ca.

The Director’s decision on the appeal request will be delivered to the candidate within 30 days.

The Director’s decision is final.