Licensing Process Policies

 

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Part I: Definitions

Definitions

1.1.  “Accredited Law School” means a law school in Canada that is accredited by the Society. 

1.2.  “Application” means the application by a person to the Society for a Class L1 Licence and includes the application to be registered into the Licensing Process.

1.3.  “Articles” means an articling placement that has been approved by the Society.

1.4.  “Articling Term” means a period of 10 consecutive months of Articles that may include up to 10 Business Days of Time Off, or such abridged or modified articling term as may be approved in writing by the Society or as may be posted by the Society.

1.5.  “Business Day” means any day except a Holiday.

1.6.  “Candidate” means a person registered by the Society into the Licensing Process.

1.7.  “Class L1 Licence” means a licence issued to a person by the Society entitling the person to practise law in Ontario as a barrister and solicitor.

1.8.  “Common Law Practice Experience” means experience involving the application of legal principles and practices to the resolution of issues while licensed to practise law as a member of the bar in a common law jurisdiction.

1.9.  “Date of Commencement of the Candidate’s Licensing Cycle” means May 1 of the year in which the Candidate submits an Application to the Society or May 1 of the following year as stipulated by the Society when a Candidate is registered by the Society into the Licensing Process.

1.10.  “Director of Licensing and Accreditation” means an employee of the Society assigned to perform the duties of the director of licensing and accreditation and includes a designate thereof approved by the Director.

1.11.  “Examination Sitting” means the time, date and location established by the Society for the writing of a Licensing Examination.

1.12.  “Executive Director, Professional Development and Competence” means an employee of the Society assigned by the Chief Executive Officer the responsibility of administering the Licensing Process and enforcing the Policy and includes a designate thereof approved by the Executive Director.

1.13.  “Experiential Training Program” means either Articles or the Law Practice Program.

1.14.  “Hearing Division” means the Law Society Hearing Division continued under Part II of the Law Society Act.

1.15.  “Holiday” means any Saturday or Sunday, New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day, Christmas Eve Day, Christmas Day, Boxing Day, New Year’s Eve Day and any special holiday proclaimed by the Governor General or the Lieutenant Governor.

1.16.  “Integrated Law Degree” means a Bachelor of Laws or a Juris Doctor degree from a law school that was, at the time that the person graduated from the law school, an Accredited Law School, and the conferral of which requires the successful completion of instruction and training in the practical skills and task competencies that the Society has determined are necessary for a Class L1 licence, and which instruction and training have been approved by the Society in advance of their delivery.

1.17.  “International Articles” means Articles served outside Canada where the Candidate is supervised by a lawyer in good standing who has been called to the bar in another jurisdiction or by a Principal who will not be providing the Candidate with an experience that substantially deals with laws and practices applicable to the practice of law in the Province of Ontario.

1.18.  “Joint Articles” means Articles with two or more Principals served by the Candidate either concurrently or consecutively.

1.19.  “Law Practice Program” means the experiential legal training program consisting of a four month training course and a four month work placement delivered and administered by a provider approved by the Society in advance of its delivery.

1.20.  “Law Practice Program Provider” means the provider approved in advance by the Society to deliver and administer the Law Practice Program.

1.21.  “Legal Experience” means experience involving the application of legal principles and practices to the resolution of issues.

1.22.  “Licensee” means a person to whom a Class L1 Licence has been issued by the Society.

1.23.  “Licensing Cycle” means the period from May 1 of one year to April 30 of the following year in which a Candidate is registered into the Licensing Process by the Society.

1.24.  “Licensing Examination Rules and Protocol” means the rules and protocol established by the Society from time to time to ensure that Licensing Examinations are conducted fairly and securely.

1.25.  “Licensing Examinations” means the Solicitor Licensing Examination and the Barrister Licensing Examination developed by the Society.

1.26.  “Licensing Process” means the process for completion by Candidates of all requirements in order to be eligible to be issued a Class L1 Licence, in accordance with the Law Society Act and By-Law 4 pursuant to the Law Society Act.

1.27.  “Licensing Term” means the period ending three years from the Date of Commencement of the Candidate’s Licensing Cycle.

1.28.  “National Articles” means Articles served within Canada where the Candidate is supervised by a lawyer in good standing who has been called to the bar in another Canadian jurisdiction or by a Principal who will not be providing the Candidate with an experience that substantially deals with laws and practices applicable to the practice of law in the Province of Ontario.

1.29.  “National Committee on Accreditation” or “NCA” means the committee appointed by the Federation of Law Societies of Canada and the Council of Canadian Law Deans to evaluate the credentials of foreign lawyers, Canadians with a foreign law degree, or Canadians with a civil law degree from Québec, who wish to be licensed as a lawyer in Canada.

1.30.  “Oath” means the oath the taking of which is a requirement for the issuance of a Class L1 Licence.

1.31.  “Ontario Articles” means Articles served with a Principal who is providing the Candidate with an experience that substantially deals with laws and practices applicable to the practice of law in Ontario.

1.32.  “Part-Time Articles” means Articles served by a Candidate on a part-time basis for a continuous duration equivalent to a full-time Articling Term and approved by the Society.

1.33.  “Policy” means these Policies for the Licensing Process.

1.34.  “Prescribed Fee” means the fee approved by the Society.

1.35.  “Prescribed Form” means the form approved by the Society.

1.36.  “Principal” means a Licensee who has been approved by the Society to supervise a Candidate during Articles.

1.37.  "Request for the Issuance of a Class L1 Licence” means the request provided by the Candidate to the Society for the issuance of a Class L1 Licence and call to the bar after completing the Licensing Process.

1.38.  “Society” means the Law Society of Ontario.

1.39.  “Study Days” means Business Days free of articling placement duties, for each of a Candidate’s first attempts at writing the Solicitor Licensing Examination and the Barrister Licensing Examination, up to a total of seven Business Days as requested by the Candidate.

1.40.  “Supervising Lawyer” means a Licensee approved by the Society to supervise a Candidate in the delivery of legal services where the Candidate has completed the Experiential Training Program.

1.41.  “Time Off” means any Business Day on which a Candidate does not perform articling placement duties, and includes, without limitation, Study Days, vacation days, sick days and personal days.

1.42.  “Tribunal” means the Law Society Tribunal established under Part II of the Law Society Act.

1.43.  “Work Placement Supervisor” means a Licensee who is approved by the Law Practice Program Provider to supervise a Candidate in the delivery of legal services during the work placement component of the Law Practice Program.

1.44.  “Workday” means a day that is equal to a minimum of seven working hours.

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Part II: General

Purpose

2.1.  This Policy describes the rules and procedures for completion of the Licensing Process and should be read in tandem with the Law Society Act and By-Law 4 pursuant to the Law Society Act. If there is a conflict between the Policy and the provisions of the Law Society Act and/or By-Law 4 pursuant to the Law Society Act, the provisions of the Law Society Act and By-Law 4 prevail.

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Part III: Education Requirements

Education Requirements for Registration into the Licensing Process

3.1.  A person may be registered into the Licensing Process as a Candidate if he or she:

1. has obtained a Bachelor of Laws degree or a Juris Doctor degree from a law school that was, at the time the person graduated from the law school, an Accredited Law School or has received a certificate of qualification issued by the National Committee on Accreditation (NCA); or
2. has completed all of the requirements to obtain a Bachelor of Laws or Juris Doctor degree from a law school that is an Accredited Law School or a certificate of qualification issued by the NCA and is awaiting receipt of the transcript of final marks and the conferring of the degree on the Candidate by the Accredited Law School or the issuance of the certificate of qualification to the Candidate by the NCA.

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Part IV: Application for Registration into the Licensing Process

Applying for Registration

4.1.  A person who wishes to be registered into the Licensing Process as a Candidate must:

1. complete and submit to the Society an Application in the Prescribed Form;
2. pay to the Society a non-refundable Prescribed Fee for registration; and
3. provide to the Society at the time(s) specified by the Society:
   1. an official transcript issued by a law school that was, at the time that the person graduated from that school, an Accredited Law School indicating that the person has obtained a Bachelor of Laws or a Juris Doctor degree or a certificate of qualification issued by the NCA;
   2. two colour passport size photographs of the person taken within the twelve month period preceding the date of the Application;
   3. proof of the person’s legal name in the form required by the Society; and
   4. any other document required by the Society pursuant to the Policy.

4.2.  A person’s or Candidate’s Application will be deemed to have been abandoned where the person or Candidate has:

1. failed by the time specified by the Society to provide all documents and information relating to the requirement that the person be of good character as required under section 6.3; or
2. attempted the Barrister Licensing Examination or the Solicitor Licensing Examination three times or, if entitled under the Policy, four times, and has failed to pass that Licensing Examination.

4.3.  A person or Candidate whose Application has been abandoned may only submit another Application if authorized by the Executive Director, Professional Development and Competence.

4.4.  A person who wishes to request the authorization of the Executive Director, Professional Development and Competence to submit another Application pursuant to section 4.3 must provide a request in the Prescribed Form to the Society.

4.5.  The Executive Director, Professional Development and Competence will authorize a person’s request to submit another Application if:

1. the person demonstrates to the satisfaction of the Executive Director, Professional Development and Competence that there has been a material change in circumstances that would affect or could be expected to affect the Candidate’s ability to successfully complete the Licensing Process; and
2. one year has passed after the date on which the person’s previous Application was deemed to have been abandoned.

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Part V: Registration into the Licensing Process

Registration

5.1.  The Society may register into the Licensing Process as a Candidate a person who has complied with Parts III and IV of the Policy.

5.2.  A Candidate who has been registered into the Licensing Process pursuant to section 3.1(b) must provide to the Society by the time specified by the Society:

1. an official transcript issued by a law school that is, at the time that the Candidate graduates from the law school, an Accredited Law School indicating that the Candidate has obtained a Bachelor of Laws or a Juris Doctor degree; or
2. a certificate of qualification issued by the NCA.

5.3.  A Candidate who has been registered into the Licensing Process pursuant to section 3.1(b) and becomes aware that the Candidate has not met the requirements for obtaining a Bachelor of Laws or Juris Doctor degree from a law school that is at the time that the Candidate graduates from the law school an Accredited Law School or a certificate of qualification issued by the NCA and cannot comply with section 5.2 must immediately notify the Society that the Candidate has not met the requirements and withdraw from the Licensing Process in accordance with Part XV of the Policy.

5.4.  The Society may remove from the Licensing Process a Candidate who has failed to comply with section 5.1 or who cannot obtain a Bachelor of Laws or Juris Doctor degree from a law school that is at the time that the Candidate graduates from the law school an Accredited Law School or a certificate of qualification issued by the NCA by the time specified by the Society pursuant to section 5.2.

5.5.  If a Candidate who has commenced the Articling Program or entered into an Articles of Clerkship agreement withdraws or is removed from the Licensing Process, the Society may notify the Candidate’s Principal that the Candidate has ceased to be a Candidate in the Licensing Process.

5.6.  If a Candidate who has commenced the Law Practice Program withdraws or is removed from the Licensing Process, the Society may notify the Law Practice Program Provider that the Candidate has ceased to be a Candidate in the Licensing Process.

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Part VI: Good Character Requirement

Good Character

6.1.  An applicant for a Class L1 Licence shall be of good character.

6.2.  In order to determine whether a Candidate is of good character, the Society may require the person to provide information and/or supporting documentation regarding good character. This information and supporting documentation may include but is not limited to information and documentation with respect to whether the person:

1. has been found guilty of, or convicted of, any offence under any statute;
2. is the subject of criminal proceedings;
3. has had judgment rendered against him or her in an action involving fraud;
4. has any outstanding civil judgments against him or her;
5. has ever disobeyed any order of any court requiring the person to do any act or to abstain from doing any act;
6. has been discharged from any employment where the employer has alleged that there was cause;
7. has been suspended, disqualified, censured or otherwise disciplined as a member of any professional organization;
8. has been denied a licence or permit or had any licence or permit revoked for failure to meet good character requirements;
9. has been refused admission as an applicant or member of any professional body;
10. has had allegations of misconduct made against him or her while attending a post-secondary institution or has been suspended, expelled or penalized by a post-secondary institution for misconduct while attending a post-secondary institution;
11. is subject to a petition or assignment in bankruptcy or a proposal to creditors under the Bankruptcy and Insolvency Act (Canada) or has been bankrupt or insolvent under any statute;
12. has been disciplined by an employer or been a respondent in proceedings in relation to a violation of any human rights legislation; or
13. has been sanctioned or had a penalty imposed upon him or her by a court, an administrative tribunal or a regulatory body.

6.3.  A person shall provide to the Society:

1. at the time that the person submits her or his Application, all documents and information specified by the Society on the application form relating to the requirement that the person be of good character; and
2. by the time specified by the Society, all additional documents and information specified by the Society relating to the requirement that the person be of good character.

6.4.  A person who fails to comply with section 6.3 is deemed to have abandoned his or her Application and in such circumstances the person’s registration into the Licensing Process is cancelled.

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Part VII: Candidate Obligation to Keep Information Current

Candidate Obligations

7.1.  Upon registration into the Licensing Process, a Candidate must ensure that all information contained in the Application is kept current and accurate throughout the Candidate’s Licensing Term.

7.2.  A Candidate must notify the Society in writing forthwith of any change in the information and/or responses contained in the Application and must provide to the Society any information or supporting documentation required by the Society as a result of the change(s).

7.3.  A Candidate or person applying to be registered into the Licensing Process must immediately notify the Society in writing of any fact or circumstance or change in fact or circumstances that could affect the person’s or Candidate’s good character status.

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Part VIII: Completion of the Licensing Process

Components and Time Requirements

8.1.  The Licensing Process consists of two components:

1. Licensing Examinations; and
2. the Experiential Training Program.

8.2.  In order to complete the Licensing Process, a Candidate must:

1. pass the Licensing Examinations during the Candidate’s Licensing Term;
2. complete the Experiential Training Program during the Candidate’s Licensing Term or such later date established by the Executive Director, Professional Development and Competence pursuant to section 8.5 unless the Candidate is not required to complete that program pursuant to section 8.3; and
3. comply with the Policy.

8.3.  A Candidate is not required to complete the Experiential Training Program if:

1. the Candidate is authorized to practise law in a province or territory of Canada outside Ontario;
2. the Candidate has been granted an exemption from the requirement to complete the Experiential Training Program pursuant to the Policy; or
3. the Candidate has an Integrated Law Degree.

8.4.  A Candidate must complete the Licensing Process during the Candidate’s Licensing Term or such later date established by the Executive Director, Professional Development and Competence pursuant to section 8.5.

8.5.  A Candidate may complete the Experiential Training Program after the Candidate’s Licensing Term, provided that the Candidate fulfills such additional education requirements and obtains such additional experience as the Executive Director, Professional Development and Competence determines are necessary to ensure that the Candidate is familiar with current law and practice.

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Part IX: Experiential Training Program

Completion of the Experiential Training Program

9.1.  In order to complete the Experiential Training Program a Candidate must:

1. provide to the Society documents in accordance with the Policy;
2. pay all Prescribed Fees required pursuant to the Policy; and
3. complete Articles or the Law Practice Program in accordance with the Policy.

9.2.  A person must be registered into the Licensing Process to commence the Experiential Training Program.

Application for Exemption from the Experiential Training Program

9.3.  A Candidate may request an exemption from the requirement to complete the Experiential Training Program if the Candidate:

1. has been licensed to practise law in a common law jurisdiction, and (i) is currently in good standing in that jurisdiction or (ii) has chosen not to maintain their licence to practise law in that jurisdiction for reasons other than any disciplinary action; and
2. has had at least 10 months of Common Law Practice Experience in that jurisdiction that addresses the experiential training competencies and requirements for Candidates established by the Society.

9.4.  A Candidate who wishes to request an exemption from the requirement to complete the Experiential Training Program must provide to the Society:

1. an application in the Prescribed Form;
2. a Prescribed Fee;
3. a certificate of standing from the governing body of the legal profession of that common law jurisdiction sent directly from that governing body to the Society; and
4. a letter of reference from one or more eligible referees to the Society.

9.5.  An eligible referee is a lawyer or judge who has direct knowledge of the nature of the Candidate’s Common Law Practice Experience in relation to the criteria set out in section 9.6.

9.6.  The letter of reference referred to in section 9.4 must:

1. indicate the periods in which the Candidate obtained Common Law Practice Experience and the nature of the Common Law Practice Experience, citing specific examples; and
2. explain how the Candidate’s Common Law Practice Experience is relevant to the experiential training competencies and requirements for Candidates established by the Society.

9.7.  The Director of Licensing and Accreditation may approve an exemption from the requirement to complete the Experiential Training Program.

9.8.  In evaluating a Candidate’s request for an exemption from the requirement to complete the Experiential Training Program, the Director of Licensing and Accreditation will consider:

1. the length, recency, nature, scope and diversity of the Candidate’s Common Law Practice Experience; and
2. the relevance of the Common Law Practice Experience to the experiential training competencies and requirements for Candidates established by the Society.

9.9.  The Society will notify the Candidate in writing of the decision of the Director of Licensing and Accreditation regarding the exemption from the requirement to complete the Experiential Training Program.

9.10.  A Candidate may appeal the decision of the Director of Licensing and Accreditation in writing to the Executive Director, Professional Development and Competence, whose decision will be final.

9.11.  A Candidate who wishes to appeal the decision of the Director of Licensing and Accreditation must send the Society a request to appeal in writing within 30 Business Days after the date on which the Society notifies the Candidate of the decision.

9.12.  For the purposes of section 9.11, the Society will be deemed to have notified the Candidate on the date that the Society sends notification of the decision to the Candidate.

Candidate Provision of Legal Services without a Licence

9.13.  A Candidate may only provide, without a licence, legal services in Ontario under the direct supervision of a Principal, Work Placement Supervisor, or Supervising Lawyer.

9.14.  A Principal, Work Placement Supervisor, or Supervising Lawyer may directly supervise no more than two Candidates at any one time.

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Part X: Articles

Articles

10.1.  Articles consist of:

1. Ontario Articles;
2. Joint Articles;
3. Part-Time Articles;
4. National Articles; or
5. International Articles.

Professional Requirements and Obligations under Articles

10.2.  A Candidate and Principal engaged in Articles are at all times subject to all requirements and obligations set out in this Policy, the Law Society Act, the Society’s By-Laws, and the Rules of Professional Conduct.

Employment Relationship under Articles

10.3.  The Society is not a party to the employment relationship created by Articles. The employment relationship is between the Candidate and the Candidate’s employer.

Filing Requirements for Articles

10.4.  A Candidate who wishes to complete Articles must provide to the Society at the time and in the manner specified by the Society:

1. an application for approval of Articles in the Prescribed Form and the Prescribed Fee for the Application if the Candidate wishes to complete National Articles or International Articles;
2. an Articles of Clerkship agreement in the Prescribed Form signed by both the Candidate and the Principal(s) unless the Candidate’s request is to complete National Articles or International Articles;
3. a Certificate of Service under Articles in the Prescribed Form;
4. a plan approved by the Society or a letter of permission signed by all of the Candidate’s Principals in the Prescribed Form if the Candidate’s request is to complete Joint Articles or Part-Time Articles;
5. the Candidate’s assessment of the Candidate’s exposure to the experiential training competencies for Candidates established by the Society; and
6. any other document required by the Society.

Part-Time Articles

10.5.  The Society will approve a Candidate’s request to complete Part-Time Articles where the Candidate requires accommodation due to his or her individual circumstances or special needs.

10.6.  The articling term for Part-Time Articles will be the equivalent of a full-time Articling Term. A Candidate will only receive credit for a maximum of one Workday per day.

National Articles and International Articles

10.7.  The Director of Licensing and Accreditation may approve a Candidate’s request to complete National or International Articles with or without terms or deny the request.

10.8.  When making a decision to approve or deny the request for National Articles or International Articles, the Director of Licensing and Accreditation will consider:

1. the length, nature, scope and diversity of the proposed Legal Experience;
2. the relevance of the proposed Legal Experience to the Society’s experiential training competencies and requirements; and
3. where the lawyer who is proposed as the supervisor of the National Articles or International Articles is not a Principal, whether that lawyer is appropriately qualified to supervise the Candidate, with reference to the criteria set out in section 10.14.

10.9.  A Candidate may appeal the decision of the Director of Licensing and Accreditation to the Executive Director, Professional Development and Competence, whose decision is final.

10.10.  A Candidate who wishes to appeal the decision of the Director of Licensing and Accreditation must submit to the Society a request to appeal in writing, outlining the facts and reasons of their appeal, together with the Prescribed Fee, within 15 Business Days of the Society notifying the Candidate of the decision.

10.11.  For the purposes of section 10.10, the Director of Licensing and Accreditation shall be deemed to have notified the Candidate on the date that the notification of the decision is sent to the Candidate.

Requirements for Principals

10.12.  A Licensee must be approved by the Executive Director, Professional Development and Competence in order to be a Principal.

10.13.  A Licensee who wishes to be approved as a Principal must submit to the Society prior to the commencement of the Candidate’s Articles an application in the Prescribed Form together with supporting documentation.

10.14.  The Executive Director, Professional Development and Competence will approve a Licensee as a Principal where the Licensee:

1. has been actively engaged in the practice of law for three of the five years immediately preceding the commencement of the Articling Term;
2. is an exemplar having regard to all circumstances, including but not limited to the experience, competence, ethical standards and professional conduct record of the Licensee; and
3. is not currently the subject of any of the following: a suspension of the Licensee’s licence; an open disciplinary proceeding being conducted by the Society, or ensuing court proceedings related thereto; an open investigation being conducted by the Society; or an open complaint to the Society containing allegations of harassment or discrimination.

10.15.  When making a decision to approve or not to approve a Licensee as a Principal, the Executive Director, Professional Development and Competence may:

1. consider all relevant information available to the Society, including information about the Licensee as a result of an audit of the financial records of the Licensee, an investigation of the Licensee’s conduct or capacity, a review of the Licensee’s practice or a proceeding in respect of the Licensee’s conduct, capacity or professional competence; and
2. request further information from the Licensee to assess their suitability to serve as a Principal.

10.16.  The decision of the Executive Director, Professional Development and Competence to approve or not to approve a Licensee as a Principal is final.

Obligations of a Principal

10.17.  A Principal must:

1. directly supervise no more than two Candidates at any one time;
2. provide to the Society, at the time and in the manner specified by the Society, an Articles of Clerkship agreement in the Prescribed Form signed by both the Candidate and the Principal;
3. provide to the Society, at the time and in the manner specified by the Society, an experiential training plan;
4. instruct the Candidate in the practice and profession of law to the best of the Principal’s ability;
5. provide an articling experience that conforms to the experiential training competencies and requirements for Candidates prescribed by the Society;
6. provide to the Society, at the time and in the manner stipulated by the Society, the Principal’s assessment of the Candidate’s exposure to the experiential training competencies established by the Society and the Principal’s appraisal of the Candidate’s performance in the Prescribed Form;
7. complete and provide the Society with documents in accordance with the Policy;
8. be an exemplar having regard to all circumstances including but not limited to the experience, competence, ethical standards and professional conduct record of the Licensee;
9. provide the Candidate with up to seven Study Days, as requested by the Candidate, for each of the Candidate’s first attempts at writing the Barrister Licensing Examination or the Solicitor Licensing Examination if those first attempts take place during the Articling Term;
10. disclose to the Society any changes in the Principal’s disciplinary record from the date that the Licensee is approved as a Principal to the earlier of the date that the Candidate’s Articles are terminated or completed; and
11. comply with the Policy.

10.18.  Where a Principal’s licence becomes suspended by the Society, and the Candidate’s Articling Term includes any or all of the period of the suspension, the Principal must, before the suspension begins:

1. notify the Candidate of the suspension order and that the Principal will not be able to retain the Candidate in service under Articles of Clerkship after the suspension begins;
2. arrange for another licensee, who is approved by the Society as a Principal, to accept the Candidate into service under Articles of Clerkship after the suspension begins; and
3. arrange to provide to the Society an Assignment of Articles in the Prescribed Form in accordance with section 10.22, effective on a date that is on or before the date on which the suspension begins.

Removal of a Principal

10.19.  The Executive Director, Professional Development and Competence may remove a Licensee as a Principal, or impose such other conditions or requirements as are appropriate to the circumstances, where:

1. the Licensee fails to comply with his or her obligations contained in the Policy or
2. the Licensee becomes the subject of any of the following:
   1. an open investigation being conducted by the Society;
   2. an open complaint to the Society containing allegations of harassment or discrimination.

10.20.  The decision of the Executive Director, Professional Development and Competence to remove a Licensee as a Principal is final.

Assignment of Articles

10.21.  A Candidate may assign his or her Articles of Clerkship agreement from one Principal (former Principal) to another Principal (new Principal) during the Articling Term provided that there is no interruption in the Articling Term.

10.22.  A Candidate who wishes to assign his or her Articles of Clerkship agreement must provide to the Society, within 10 Business Days of the commencement of the assignment, an Assignment of Articles in the Prescribed Form.

Abridgement based on Compassionate Grounds

10.23.  The Society may approve a reduction of the Articling Term (abridgement) on compassionate grounds for a period of up to six weeks. 

10.24.  Compassionate grounds may include family responsibilities, prolonged illness or accidents or any other ground deemed compassionate by the Director of Licensing and Accreditation.

10.25.  A Candidate who wishes to have the Articling Term abridged on compassionate grounds must provide to the Society:

1. a request in the Prescribed Form indicating the reasons for the abridgement; and
2. a letter from the Candidate’s Principal or the Principal’s law firm, forwarded directly by the Candidate’s Principal or the Principal’s law firm to the Society, indicating the date of commencement of the Articles and the amount of Time Off taken to the date of the request.

Abridgement based on Prior Legal Experience

10.26.  A Candidate may request an abridgement of the Articling Term based on prior Legal Experience where the Candidate has been licensed to practise law in another province, territory or foreign jurisdiction and has practised as a lawyer in another jurisdiction or has had other Legal Experience.

10.27.  A Candidate who wishes to request an abridgement of the Articling Term based on prior Legal Experience must provide to the Society:

1. an application in the Prescribed Form;
2. a Prescribed Fee;
3. where the Candidate has been licensed to practise law in another jurisdiction, a certificate of standing from the governing body of the legal profession of that jurisdiction sent directly from that governing body to the Society;
4. a letter of reference from one or more eligible referees sent directly by each referee to the Society, as required by the Society; and
5. if applicable, a letter from the Candidate’s Principal or the Principal’s law firm forwarded directly to the Society by the Candidate’s Principal or the Principal’s law firm acknowledging the Candidate’s request and indicating the date of commencement of the Articles and the amount of Time Off taken to the date of the request.

10.28.  An eligible referee is a lawyer or judge who has direct knowledge of the nature of the Candidate’s Legal Experience in relation to the criteria set out in section 10.29.

10.29.  The letter(s) of reference referred to in section 10.27 must:

1. indicate the periods in which the Candidate obtained Legal Experience and the nature of the Legal Experience citing specific examples; and
2. explain how the Candidate’s Legal Experience is relevant to the experiential training competencies and requirements for Candidates established by the Society.

10.30.  The Director of Licensing and Accreditation may approve an abridgement based on prior Legal Experience.

10.31.  In evaluating the Candidate’s request for an abridgement based on prior Legal Experience, the Director of Licensing and Accreditation will consider:

1. the length, recency, nature, scope and diversity of the Candidate’s Legal Experience; and
2. the relevance of the Legal Experience to the experiential training competencies and requirements for Candidates established by the Society.

10.32.  When evaluating a request for abridgement based on prior Legal Experience, the Director of Licensing and Accreditation will not consider experience obtained by the Candidate before completing a program to obtain a Bachelor of Laws or a Juris Doctor degree from a law school or while enrolled in a program of a law school, including full-time, part-time or summer experience in a law firm or legal organization, and clinical education experience.

10.33.  Where a Candidate who requests an abridgement of the Articling Term based on prior Legal Experience has been licensed to practise law in another jurisdiction, the Candidate must be currently in good standing in that jurisdiction or must have chosen not to maintain their licence to practise law in that jurisdiction for reasons other than any disciplinary action.

10.34.  The Society will notify the Candidate in writing of the decision of the Director of Licensing and Accreditation regarding the abridgement of the Articling Term.

10.35.  A Candidate may appeal the decision of the Director of Licensing and Accreditation in writing to the Executive Director, Professional Development and Competence, whose decision will be final.

10.36.  A Candidate who wishes to appeal the decision of the Director of Licensing and Accreditation must submit to the Society a request to appeal in writing and accompanied by the Prescribed Fee within 30 Business Days after the date on which the Society notifies the Candidate of the decision.

10.37.  For the purposes of section 10.36, the Society will be deemed to have notified the Candidate on the date that the Society sends notification of the decision to the Candidate.

Termination of Articles

10.38.  Articles may be terminated prior to the anticipated end of the Articling Term by either the Candidate or the Principal, or by mutual agreement.

10.39.  Where Articles are terminated, the onus is on the Candidate to find another articling placement in order to complete the Articling Term.

10.40.  Where Articles are terminated, both the Candidate and the Principal must provide to the Society, within 10 Business Days of the termination of Articles, written notice that includes the effective date of the termination, and the Principal must provide to the Society, within 10 Business Days of the termination of Articles, a Certificate of Service under Articles in the Prescribed Form.

10.41.  Where the Candidate transfers to another articling placement immediately upon the termination of the Articles, the former Principal, the Candidate and the new Principal must complete and provide to the Society an Assignment of Articles in the Prescribed Form within 10 Business Days of commencement of the new articling placement.

Withdrawal of Articling Commitment

10.42.  Where a Principal commits to provide Articles to a Candidate and is subsequently unable to fulfill that commitment due to a change in the Principal’s practice circumstances, membership status or other related factors, the Principal should take all reasonable steps to ensure that an appropriate alternative articling placement is found for the Candidate, including but not limited to:

1. assisting the Candidate in obtaining interviews with other law firms;
2. making administrative services available to the Candidate; and
3. providing the Candidate with a letter that clearly states that the Candidate is without an articling placement through no fault of the Candidate.

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Part XI: Law Practice Program

General

11.1.  A Candidate who wishes to complete the Law Practice Program must provide the Society with a request at the time and in the manner stipulated by the Society.

11.2.  Provided the Candidate has complied with the Policy, the Society shall notify the Law Practice Program Provider of the Candidate’s request and the Law Practice Program Provider shall enrol the Candidate into the Law Practice Program.

11.3.  A Candidate who is enrolled in the Law Practice Program must follow all of the rules and procedures applicable to the Candidate established by the Law Practice Program Provider.

11.4.  Notwithstanding Part XIX, if a Candidate enrolled in the Law Practice Program requires an accommodation in the Law Practice Program, the Candidate shall be accommodated by the Law Practice Program Provider in accordance with the policies for accommodation of the Law Practice Program Provider and all applicable laws.

11.5.  Notwithstanding Part XIX, a Candidate who is enrolled in the Law Practice Program and requires accommodation in the Law Practice Program must follow the rules and procedures for requesting accommodation as set out in the policies of the Law Practice Program Provider.

11.6.  A Candidate has completed the Law Practice Program when the Candidate has completed all of the components of that program to the satisfaction of the Law Practice Program Provider and the Society has received confirmation from the Law Practice Program Provider that the Candidate has completed the program to its satisfaction.

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Part XII: Licensing Examinations

General

12.1.  A person must be registered into the Licensing Process as a Candidate in order to write a Licensing Examination.

12.2.  The Licensing Examinations and each Examination Sitting will be conducted in accordance with the Licensing Examination Rules and Protocol.

12.3.  A Candidate must comply with the Licensing Examination Rules and Protocol.

12.4.  A Candidate who fails to comply with the Licensing Examination Rules and Protocol may be disciplined and removed from the Licensing Process pursuant to Part XIII of the Policy.

12.5.  A Candidate must write a Licensing Examination at an Examination Sitting.

12.6.  A Candidate will retain credit for passing the Barrister Licensing Examination and/or passing the Solicitor Licensing Examination for the duration of the Candidate’s Licensing Term.

12.7.  Subject to section 12.8, a Candidate who fails a Licensing Examination may write the Licensing Examination another time or other times, provided that the Candidate completes the Licensing Process during the Candidate’s Licensing Term.

12.8.  A Candidate may not write during the Candidate’s Licensing Term either the Barrister Licensing Examination or Solicitor Licensing Examination more than three times, or, if authorized by the Executive Director, Professional Development and Competence pursuant to section 12.17, more than four times.

12.9. A Candidate who wishes to complete a Licensing Examination must register for that Examination Sitting and pay the Prescribed Fee in accordance with the information the Society has posted applicable to the specific Licensing Examination.

12.10.  Where the Society approves the Candidate’s request, the Society will assign the Candidate to the particular Examination Sitting and the Candidate must write the Licensing Examination at that Examination Sitting.

12.11.  Where a Candidate who has been assigned to a particular Examination Sitting wishes to change the location of the writing of the Licensing Examination or the language of choice for the writing of the Licensing Examination, the Candidate must provide a request in the Prescribed Form to the Society at least 30 Business Days prior to the date of the assigned Examination Sitting and the Society may approve the request.

12.12.  Subject to sections 8.4 and 12.8 of the Policy, where a Candidate who has been assigned to a particular Examination Sitting wishes to defer the writing of that Licensing Examination, the Candidate must provide a request to defer in the Prescribed Form to the Society on or prior to the posted deferral deadline and the Society will approve the request and refund or defer the Prescribed Fee paid by the Candidate. 

12.13.  Subject to section 12.14 of the Policy, where a Candidate has been assigned to an Examination Sitting and does not attend that Examination Sitting and has not followed the procedure for deferral set out in section 12.12, the Candidate will not be entitled to any refund of the Prescribed Fee.

12.14.  A Candidate who has been assigned to an Examination Sitting and does not attend that Examination Sitting due to medical reasons and wishes to request a refund or a deferral of the Prescribed Fee must provide to the Society a Medical Absence Form within 10 Business Days after the Examination Sitting.

12.15.  A Candidate who has failed either of the Barrister Licensing Examination or the Solicitor Licensing Examination three times during the Candidate’s Licensing Term may apply to the Executive Director, Professional Development and Competence for authorization to write that Licensing Examination a fourth time during the Candidate’s Licensing Term, if the Candidate is not otherwise ineligible to write that Licensing Examination pursuant to the Policy.

12.16.  A Candidate who wishes to request the authorization of the Executive Director, Professional Development and Competence to write a Licensing Examination a fourth time during the Candidate’s Licensing Term pursuant to section 12.15 must provide to the Society:

1. a written request by the time stipulated by the Society and no later than 30 Business Days prior to the end of the Candidate’s Licensing Term; and
2. all of the documents and information required by the Society relating to any requirement for writing the Licensing Examination by the time stipulated by the Society.

12.17.  The Executive Director, Professional Development and Competence will approve a Candidate’s request to write a Licensing Examination a fourth time during the Candidate’s Licensing Term if the Candidate establishes to the satisfaction of the Executive Director, Professional Development and Competence that there exist extraordinary circumstances that would affect or could be expected to affect the Candidate’s ability to successfully complete the Licensing Examination.

12.18.  A Candidate is deemed to have abandoned his or her Application if the Candidate has written either the Barrister Licensing Examination or the Solicitor Licensing Examination during the Candidate’s Licensing Term three times, or, if authorized by the Executive Director, Professional Development and Competence pursuant to section 12.17, four times, and failed to pass the Licensing Examination(s).

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Part XIII: Removal from the Licensing Process

Removal

13.1.  The Society will remove a Candidate from the Licensing Process where:

1. an order has been made pursuant to section 27 of the Law Society Act refusing the Candidate’s application for a Class L1 Licence;
2. an order has been made pursuant to section 35 of the Law Society Act removing the Candidate from the Licensing Process;
3. the Candidate fails to provide any document required to be provided pursuant to By-Law 4 made under the Law Society Act;
4. the Candidate cannot obtain a Bachelor of Laws degree or Juris Doctor degree from a law school that is at the time that the Candidate graduates from the law school an Accredited Law School or a certificate of qualification from the NCA by the time specified by the Society;
5. the Candidate has not completed the Licensing Process during the Candidate’s Licensing Term or such later date established by the Executive Director, Professional Development and Competence; 
6. the Candidate has failed to pass the Licensing Examinations during the Candidate’s Licensing Term; or
7. the Candidate has made any false or misleading representation or declaration on or in connection with registration or his or her Application, by commission or omission, contrary to subsection 18(2) of By-Law 4.

13.2.  A Candidate who is removed from the Licensing Process will cease to be a Candidate in the Licensing Process.

13.3.  A Candidate who is removed from the Licensing Process will not retain credit for standings of pass achieved by the Candidate for the Licensing Examinations, but will retain credit for completion of the Experiential Training Program.

13.4.  Notwithstanding section 13.3, a Candidate who is removed from the Licensing Process for the reasons contained in subsections 13.1(c), 13.1(d), or 13.1(g) will not retain credit for completion of the Experiential Training Program.

Good Character

13.5.  Subsection 27(2) of the Law Society Act provides that it is a requirement for the issuance of every licence under the Law Society Act that the applicant be of good character.

13.6.  If the Hearing Division on referral of the matter by the Society to the Tribunal determines that a Candidate is not of good character, the Hearing Division may make an order refusing the Candidate’s application for a Class L1 Licence.

13.7.  Where the Hearing Division makes an order refusing the Candidate’s application for a Class L1 Licence, the Society will remove the Candidate from the Licensing Process and the Candidate will cease to be a Candidate in the Licensing Process.

13.8.  Where a Candidate is removed from the Licensing Process pursuant to section 13.7, the Candidate may submit another Application to the Society at any time based on fresh evidence or a material change in circumstances.

Prohibited Conduct

13.9.  A Candidate shall not engage in Conduct Unbecoming a Candidate.

13.10.  “Conduct Unbecoming a Candidate” means conduct that tends to bring discredit upon the legal profession including, for example,

1. committing a criminal act that reflects adversely on the Candidate’s honesty or trustworthiness or fitness to be a lawyer;
2. engaging in conduct that reflects adversely upon the integrity of the legal profession and the administration of justice; and
3. engaging in conduct involving dishonesty including but not limited to Licensing Dishonesty.

13.11.  “Licensing Dishonesty” means engaging in any form of dishonesty, fraud, cheating, misrepresentation or other misconduct related to any aspect of the Licensing Process in order that a Candidate obtains academic credit or other Licensing Process advantage of any kind, whether or not the Candidate has been sanctioned for the conduct, and includes but is not limited to:

1. copying another person’s answer to an examination item during a Licensing Examination;
2. consulting an unauthorized source during a Licensing Examination;
3. bringing into the examination room any unauthorized materials;
4. removing from the examination room any unauthorized materials;
5. being in possession of or using unauthorized information or materials prior to or during a Licensing Examination; or
6. assisting a person to carry out an activity mentioned in this section.

13.12.  Engaging in Conduct Unbecoming a Candidate may lead to the:

1. preparation of a written report on the conduct of the Candidate and its provision to the Society’s Professional Regulation department for investigation; and
2. pursuit by the Society of any legal remedies available to it, including, where it is available, an application to the Tribunal for a determination by the Hearing Division of whether the Candidate has contravened section 33 of the Law Society Act.

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Part XIV: Incapacity

Incapacity

14.1.  A Candidate is incapacitated if, by reason of physical or mental illness, other infirmity or addiction to or excessive use of alcohol or drugs, he or she is incapable of serving under Articles or participating in the Law Practice Program.

14.2.  If there is information suggesting that a Candidate may be incapacitated, the Society may pursue any legal remedies available to it, including, where it is available, conducting an investigation into a Candidate’s capacity and applying to the Tribunal for a determination by the Hearing Division of whether the Candidate is or has been incapacitated.

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Part XV: Withdrawal from the Licensing Process

Procedure for Withdrawal

15.1.  A Candidate who wishes to withdraw from the Licensing Process must provide to the Society:

1. a request to withdraw in the Prescribed Form;
2. the Candidate’s Law Society photo identification card; and
3. all outstanding fees;

and the Society may approve the request to withdraw.

Effect of Withdrawal on Examination Record

15.2.  A Candidate whose request to withdraw from the Licensing Process is approved by the Society will retain credit for completion of the Experiential Training Program, and will retain credit, for the remaining duration of the Candidate’s Licensing Term, for standings of pass achieved by the Candidate for the Licensing Examinations.

15.3.  Notwithstanding section 15.2, if the Society has grounds, pursuant to section 13.1, to remove a Candidate who requests to withdraw from the Licensing Process, the Candidate will not retain credit for the passing of the Barrister Licensing Examination and/or the passing of the Solicitor Licensing Examination obtained prior to ceasing to be a Candidate in the Licensing Process.

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Part XVI: Candidate Employment under Supervision Agreement

Candidate Employment under Supervision Agreement

16.1.  A Candidate who has completed the Experiential Training Program and wishes to provide legal services in Ontario prior to being issued a Class L1 Licence must provide to the Society a request for an extension of the Experiential Training Program and a Supervision Agreement in the Prescribed Form.

16.2.  The Director of Licensing and Accreditation will either approve the Candidate’s request with or without terms or deny the request.

16.3.  The Director of Licensing and Accreditation, when making a decision to approve or deny the Candidate’s request, will consider the length of time that has transpired since the Date of Commencement of the Candidate’s Licensing Cycle, the length of time before the Candidate will be called to the bar and enrolled as a solicitor, the length of time that has transpired since the Candidate completed the Experiential Training Program and the number of times that the Candidate has written and/or deferred the writing of the Licensing Examinations.

16.4.  A Candidate may appeal the decision of the Director of Licensing and Accreditation to the Executive Director, Professional Development and Competence, whose decision is final.

16.5.  A Candidate who wishes to appeal the decision of the Director of Licensing and Accreditation must submit to the Society a request to appeal in writing within 15 Business Days of the Society notifying the Candidate of the decision.

16.6.  For the purposes of section 16.5, the Society shall be deemed to have notified the Candidate on the date that the Society sends notification of the decision to the Candidate.

16.7.  A Supervising Lawyer must not supervise at any one time more than two Candidates.

16.8.  A Supervising Lawyer must agree to:

1. supervise the Candidate in the delivery of legal services;
2. ensure that all clients on whose behalf the Candidate provides legal services are the clients of the Supervising Lawyer;
3. accept full responsibility for all legal services provided by the Candidate;
4. prior to accepting a retainer in which the Candidate will be providing legal services to a client, advise clients of the arrangement between the Candidate and the Supervising Lawyer and the reason for the arrangement; and
5. subject to the client’s direction, continue representing a client in the event that the Candidate does not receive a Class L1 Licence.

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Part XVII: Late Filing Fee

Late Filing Fee

17.1.  Where the Policy stipulates a date by which documents must be provided to the Society and the Candidate fails to provide documents by the due date, the Candidate must pay the Prescribed Fee for late filing.

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Part XVIII: Issuance of a Class L1 Licence

Eligibility for Issuance of a Class L1 Licence

18.1.  A Candidate may be issued a Class L1 Licence and be called to the bar and admitted and enrolled as a solicitor if the Candidate:

1. has provided a Request for the Issuance a Class L1 Licence in the Prescribed Form and the request has been approved by Convocation;
2. has successfully completed the components of the Licensing Process that the Candidate is required to complete under this Policy;
3. has paid all fees owing by the Candidate to the Society;
4. has provided to the Society all required documents in accordance with the Policy, the By-Laws and the Law Society Act;
5. is of good character as required by subsection 27(2) of the Law Society Act and has delivered an undertaking to the Society in the Prescribed Form certifying that the Candidate has maintained good character throughout the Licensing Process; and
6. has provided to the Society a Petition for Call to the Bar and Certificate of Fitness form.

18.2.  To be called to the bar and admitted and enrolled as a solicitor, the Candidate shall:

1. appear in person before Convocation in the court apparel of a barrister and swear or affirm to the Oath at a special sitting of the Court of Appeal of Ontario and the Superior Court of Justice; or
2. provide in the Prescribed Form to the Society:

           a. a Petition for Call to the Bar and Certificate of Fitness form; and
           b. an Affidavit for Taking the Oath for Call.

18.3.  A Candidate who has been issued a Class L1 Licence will cease to be a Candidate in the Licensing Process.

Deferral of Issuance of a Class L1 Licence

18.4.  A Candidate who wishes to defer issuance of a Class L1 Licence must provide to the Society a request to defer setting out the reasons for the request.

18.5.  The Director of Licensing and Accreditation will approve or deny the Candidate’s request with or without terms and will notify the Candidate in writing of the decision.

18.6.  A Candidate may appeal the decision of the Director of Licensing and Accreditation to the Executive Director, Professional Development and Competence, whose decision is final.

18.7.  A Candidate who wishes to appeal the decision of the Director of Licensing and Accreditation must submit to the Society a request to appeal in writing within 15 Business Days of the Society notifying the Candidate of the decision.

18.8.  For the purposes of section 18.7, the Society shall be deemed to have notified the Candidate on the date that the Society sends notification of the decision to the Candidate.

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Part XIX: Accommodation

Accommodation

19.1.  The Society is committed to ensuring that the requirements of the Licensing Process are directly and logically connected to the competent practice of law and further that persons who wish to practise law in Ontario are not effectively barred from qualifying because of a ground listed in the Human Rights Code that is applicable to the Society's Licensing Process.

19.2.  Notwithstanding any provision or requirement in the Policy, the Society will provide accommodation in the Licensing Process to Candidates in accordance with the Policy and Procedures for Accommodations for Candidates in the Lawyer and Paralegal Licensing Processes established by the Society from time to time (the “Accommodations Policy”).

19.3.  A Candidate who requires accommodation must follow the procedure for requesting accommodation contained in the Accommodations Policy.

19.4.  Where an accommodation cannot be made or where the Candidate considers the accommodation to be unsatisfactory, the Candidate may appeal the decision by following the procedure contained in the Accommodations Policy.