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Office of the Fairness Commissioner

As part of its obligations under the Fair Access to the Regulated Professions and Compulsory Trades Act, 2006, S.O. 2006, c. 31, the Law Society of Ontario must file an annual Fair Registration Practices Report with the Office of the Fairness Commissioner. The report describes the profession’s progress in meeting the requirements of fair access legislation. The report’s content is specified by the Office of the Fairness Commission and is completed by the Law Society of Ontario in accordance with Fair Registration Practices Reports: Guidelines for Ontario’s Regulatory Bodies.

The report that is set out below is the Law Society of Ontario’s 2022 Fair Registration Practices report that was filed with the Office of the Fairness Commissioner on August 2, 2023.

2022 Fair Registration Practices Report

The Fair Registration Practices Report (FRP) was created as required in the:

Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPACTA) s. 20 and 23(1), for the regulated professions named in Schedule 1 of FARPACTA
Health Professions Procedural Code set out in Schedule 2 of the Regulated Health Professions Act, 1991 (RHPA) s. 22.7(1) and 22.9(1), for health colleges

The aim of the FRP is:

To collect data and information on individual regulators;
To understand how a regulator has implemented fair registration practices during the reporting period; and,
To help oversee compliance

Overseeing compliance requires, among other things, the following series of functions and activities:

Monitoring
Assessing
Mitigating and/or enforcing
Educating and promoting
Reporting on progress

Please note that future FRP Reports will likely change, in format and content, as we migrate to a more permanent portal and database solution, and as the FARPACTA changes re: registration timelines and other amendments are finalized.

The first half of the FRP is intended to collect qualitative information to highlight a regulator’s enhancements to improve fair registration practices year over year.

The second half is to collect quantitative data for the purpose of discerning statistical changes and trends related to a regulator’s membership, application volumes, licensure/certification results, and appeals year over year.

Qualitative Information

1. Please indicate which regulator you are and your main point of contact should we require follow up.

Law Society of Ontario
130 Queen Street West, Toronto, Ontario, M5H 2N6
Email: licensingprocess@lso.ca
Telephone: 416-947-3315 Toll Free: 1-800-668-7380, extension 3315

Section 1

During the reporting period (January 1st–December 31st, 2022), please indicate if your organization has introduced any changes in the following areas:

2. Registration requirements either through regulation, by-law or policy.

In 2022, the Law Society pivoted from online licensing examinations back to in-person delivery. This shift was required to ensure the integrity and security of the examinations.

3. Assessment of qualifications

The Law Society did not introduce any changes to the assessment of qualifications.

4. Timelines for registration, decisions and/or responses

The timelines for registration, decisions, and responses did not change in 2022.

5. Registration and assessment fees

The Law Society reduced its study material and licensing examination fees for candidates entering licensing cycle 2022-2023. Fees were reduced to pass on savings to candidates resulting from the Law Society’s transitions (1) from print to digital study materials; and (2) from in-person to online licensing examinations.

In 2022, following the unexpected transition from online back to in-person examinations, the Law Society implemented a special Repayable Allowance Program. This program allowed all paralegal candidates to request a small loan to cover the cost of travel to and lodging near an exam site. This was applicable to all 2022 in-person sittings.

In October 2022, the Law Society approved an increase to licensing examination fees for the 2023-2024 licensing cycle, which was attributable to the return to in-person examination delivery. The pivot to in-person delivery resulted in approximately $3.8 million in unbudgeted costs for the Law Society in 2022.

6. Resources for applicants

When the Law Society transitioned from online licensing examinations back to in-person delivery, it revised its Rules and Protocol and its Guide to Licensing Examinations; sent candidates information through their online accounts; and hosted webcasts for candidates to provide them with information on the licensing process, study materials, and licensing examinations.

7. Changes to internal review or appeal process

The Law Society did not make changes to the internal review or appeal process in 2022.

8. Access by applicants to their records

There were no changes in 2022 that impacted an applicant’s access to their records.

9. Mutual recognition agreements

There were no changes to mutual recognition agreements in 2022.

10. Training and resources for staff regarding registration

The Law Society did not make changes to training and resources for staff regarding registration in 2022.

11. Relationship with third party service provider(s)

In 2022, the Law Society engaged the services of test security experts to conduct forensic analysis of licensing examination results.

12. Accreditation of educational programs

In 2022, the Law Society modified its accreditation policies to allow for hybrid delivery of paralegal education, prioritizing certain courses for in-person learning and creating flexibility for colleges to determine the optimal delivery model for other components of the curriculum. During the reporting period, 11 colleges were approved to offer hybrid paralegal education.

In addition, the Law Society developed a college outreach initiative to create a structured forum for regular dialogue with paralegal education program coordinators regarding the challenges and opportunities arising in paralegal education.

13. Technological or digital improvements

In 2022, the Law Society released its study materials exclusively in digital form.

14. Anti-racism and inclusion-based policies and practices

In 2022, the Law Society developed study materials in support of the Law Society’s implementation of the Truth and Reconciliation Commission’s Call to Action 27. The Law Society assesses candidates on competencies related to these study materials.

15. Organizational structure

The Law Society did not make changes to its organizational structure in 2022.

16. Contingency or continuity of operations plans

The Law Society did not make changes to its contingency or continuity of operations plans in 2022.

17. Documentation requirements for registration

There were no changes to the documentation requirements for registration in 2022.

18. English / French language proficiency testing

The Law Society does not conduct English/French language proficiency testing.

Section 2

19. If applicable, please list your organization’s top three accomplishments during the reporting period that relate to fair registration practices.

Transitioning from online examinations back to in-person delivery to maintain the integrity and security of the licensing examination.
Modifying its accreditation policies to allow for the hybrid delivery of paralegal education programming.
Creating a structured forum for regular dialogue with paralegal education program coordinators.

Section 3

20. If applicable, please list the top three risks that impacted your organization’s ability to achieve better registration outcomes for applicants during the reporting period. Please also indicate the measures you have taken to mitigate the impacts of these risks.

1. Maintaining examination security in an online delivery model.

Following the receipt of information that there had been cheating on the Law Society’s November 2021 barrister and solicitor online licensing examinations, the Law Society investigated the allegations. The investigation uncovered strong support for the conclusion that candidates had engaged in prohibited actions regarding the Law Society’s November 2021 examinations. The Law Society made appropriate administrative decisions in respect of the candidates involved based on the available evidence.

As noted above, to protect the integrity and security of the licensing examinations, in 2022, the Law Society returned to in-person delivery of all licensing examinations. In-person delivery remains the most secure method of administration at the current time.

2. Increasing number of candidates seeking accommodation for licensing examinations.

In 2022, the Law Society observed a 50% increase in paralegal candidate requests for accommodation for writing the licensing examinations. The Law Society has a strong public interest in promoting equality and complies with its duty to accommodate candidates pursuant to the Human Rights Code, R.S.O. 1990, c. H.19. Effectively delivering accommodations is resource-intensive and must occur within a cost-recovery environment.

3. Rising costs associated with the provision of services associated with licensing processes.

The Law Society of Ontario is a not-for-profit regulator. Licensing process fees are set under a cost-recovery model. While candidates saw decreases in licensing fees in 2021 as a result in savings from digital study materials and online licensing examination delivery, as noted above, the Law Society approved increases to licensing examination fees in 2022 for the 2023-2024 licensing cycle. These fee increases were necessary due to the increased costs of in-person examination delivery.

Inflation and the investment needed to safeguard the integrity and security of the Law Society’s licensing processes, to meet candidate accommodation needs, and to maintain or enhance licensing programs and systems, challenge the Law Society’s ability to maintain licensing fees without further increases.

Section 4

21. Do you believe that you have a Canadian Experience Requirement (CER)?
CER: work experience or experiential training obtained in Canada.

Since Ontario is the only province in Canada that regulates the paralegal profession, paralegal candidates must graduate from a program accredited by the Law Society, which includes an experiential training component. Candidates must also successfully complete a licensing examination.

Quantitative Section

The following quantitative information is collected for the purpose of discerning statistical changes and trends related to a regulator’s membership, application volumes, licensure/certification results, and appeals year over year.

Languages

22. Indicate the languages in which you make available application materials and information about the application process.

English and French.

Membership Data

Demographics Data

23. As of December 31, 2022, please indicate the number of members in each gender category identified below and the number of total members.

Total Male : 4,310
Total Female: 8,963
Total Non-binary: 4
Gender not provided: 0
Overall Total: 13,277

Note: These statistics include 2,631 paralegals whose licences are suspended and 13 paralegals whose licences are in abeyance.

In relation to your members:

24. Do you collect race-based data?

Yes.

25. Do you collect other identity-based or demographics data?

Yes.

26. Do you plan to collect race-based data in the future?

The Law Society intends to continue to collect race-based data using a voluntary, self-identification approach.

27. Class of License/Certificate Data
As of December 31, of the reporting year, please indicate the number of members under each class or licence category as applicable.

Full/Independent Practice
Class P1 licence:  13,277
Provisional/Limited License/Certificate: Not applicable
Emergency License/Certificate:  Not applicable
All other classes:  Not applicable
Overall Total: 13,277

Note: These statistics include 2,631 paralegals whose licences are suspended and 13 paralegals whose licences are in abeyance.

Jurisdiction where members were initially trained

28. As of December 31, of the reporting year, please indicate the membership type and total number of registered members for each category listed below.
Ontario: 13,277
Other Canadian Provinces and Territories: Not applicable
USA: Not applicable
Other Countries: Not applicable
Multiple and/or Unspecified Jurisdiction: Not applicable
Total: 13,277

Note: Paralegals must receive their initial training at public or private career colleges in Ontario that are accredited by the Law Society.

29. Please indicate the total number of registered members for the top 12 international countries or jurisdictions where these individuals obtained their initial education in the profession or trade.

Not applicable.

Applications Data

Demographics Data

30. Indicate the number of applicants who filed an application between January 1 and December 31 of the reporting year, in each applicable category.

Total Male: 351
Total Female: 1,014
Total Non-binary: 6
Gender not provided: Not applicable
Overall Total: 1,371

In relation to the applications you received:

31. Do you collect race-based data?

Yes.

32. Do you collect other identity-based or demographics data?
Yes.

Our application requests the following types of identity-based or demographics data:
A. Indigenous
        i. First Nations, Status Indian, Non-Status Indian
        ii. Inuk (Inuit)
        iii. Métis
        iv. Other
B. Francophone
C. Gay/Lesbian/Bisexual/Transgender/Transsexual
D. Person with a disability
E. Racialized Community
       i. Arab
       ii. Black (e.g. African-Canadian, African, Caribbean)
       iii. Chinese
       iv. East-Asian (e.g. Japanese, Korean)
       v. Latin American
       vi. South Asian (e.g. Indo-Canadian, Indian Subcontinent)
       vii. South-East Asian (e.g. Vietnamese, Cambodian, Thai, Filipino)
       viii. West Asian (e.g. Iranian, Afghan)
        ix. White
        x. Other
F. Religion or Creed
       i. Atheist
       ii. Buddhist
       iii. Roman Catholic
       iv. Other Christian, such as Eastern Orthodox or Ukrainian Catholic
       v. Hindu
       vi. Jewish
       vii. Muslim
       viii. Protestant
       ix. Sikh
       x. No Religion
       xi. Other

Category of Applicants

33. Number of applicants who voluntarily or involuntarily (through inactive and lapsed applications) withdrew from the application process between January 1 and December 31, 2022:

446

34. Please indicate the total number of applicants from Ontario who filed an application between January 1 and December 31, 2022 for the following categories as applicable.

Number of Applicants: 1,371
Number of Applicants Licensed/Certified: 714

Average Time to Process Application in Weeks from First Point of Applicant Contact:

This information is not collected. Candidates can apply online at any time. The application will not be processed until a hard copy of the application is received along with supporting documents. The time between online application and processing by Licensing Process staff is fully dependent on the candidate and how long they take to submit the hard copy (certified) application.

Average Time to Process Application in Weeks from Receipt of all Required Documents:

15 days (2.1 weeks)

Not applicable.

36. Please indicate the total number of certificate-to-certificate (labour mobility) applicants who filed an application between January 1 and December 31, 2022 for each of the categories as applicable.

Not applicable.

37. Please indicate the total number of applicants from international jurisdictions (not including USA) who filed an application between January 1 and December 31, 2022 for each of the categories as applicable.

Not applicable.

38. Please indicate the total number of applicants from multiple and/or jurisdictions not specified who filed an application between January 1 and December 31, 2022 for each of the categories as applicable.

Not applicable.

39. Please indicate the total number of applicants from accredited Canadian post-secondary institutions who filed an application between January 1 and December 31, 2022 for each of the categories as applicable.
Number of applicants: 1,371
Number of applicants fully licensed/certified: 714

Average Time to Process Application in Weeks from First Point of Applicant Contact:

Average Time to Process Application in Weeks from Receipt of all Required Documents:
15 days (2.1 weeks)

Note: Applications are processed in the order in which they are received. Some applications may take longer to process if they are incomplete and require follow up with the candidate to provide missing or corrected information/documentation.

40. Please indicate the total number of applicants who re-registered after withdrawing from the application process between January 1 and December 31, 2022 for each of the categories as applicable.
Number of applicants: 39
Number of applicants fully licensed/certified:
Not applicable.
Average Time to Process Application in Weeks from First Point of Applicant Contact:
Not applicable.
Average Time to Process Application in Weeks from Receipt of all Required Documents:
Not applicable.

41. Please provide any additional comments you may have for questions 33-41.

No additional comments.

42. Jurisdiction where applicants obtained their initial education

Please indicate the total number of applicants for the top 12 international countries or jurisdiction where applicants obtained their initial education in the profession or trade.

Not applicable.

Processing Time

43. As of December 31, 2022, how many full licenses/certificates did your organization issue?
714

44. Please indicate the total number of applicants who received full licensure/certification between January 1 and December 31, 2022, according to the following timelines.

Note: Candidates apply generally 8-9 months in advance of commencing the licensing process.

0 – less than 3 months: 0
3 months – less than 6 months: 82
6 months – less than 12 months: 347
12 months – less than 18 months: 138
18 months – less than 24 months: 65
24 months and greater: 82

Age of Active Applications

45. As of December 31, 2022 what were the total number of active applications in your case inventory?
2,714

46. Please provide a breakdown (and total) of active applications according to the length of time (age) that they have been open.

Note: Candidates apply generally 8-9 months in advance of commencing the licensing process.

0 – less than 3 months: 751

3 months – less than 6 months: 92
6 months – less than 12 months: 250
12 months – less than 18 months: 641
18 months – less than 24 months: 115
24 months and greater: 865
Total: 2,714

Other Licenses/Certificates of Registration Processed

47. Please indicate the number of applicants who were issued an alternative class of license* that your organization processed in the reporting year (January 1-December 31, 2022).

Not applicable.

48. Please indicate the number of applications, if applicable, who were issued an emergency license/certificate that your organization processed in the reporting year (January 1-December 31, 2022). Enter the data by the jurisdiction where applicants were initially trained in the profession, i.e. before they were granted use of the protected title or professional designation in Ontario.

Not applicable.

49. Please indicate the number of Provisional license/certificate or alternative class of license/certificate holders who were fully licensed/certified by your organization which were processed in the reporting year (January 1-December 31, 2022). Enter the data by the jurisdiction where applicants were initially trained in the profession, i.e. before they were granted use of the protected title or professional designation in Ontario.

Not applicable.

Number of Reviews and Appeals Processed

50. State the number of reviews and appeals that your organization processed in the reporting year (January 1-December 31, 2022). For applicants who were subject to an internal review or who were referred to a statutory committee of your governing council, such as a Registration Committee. Enter the data by the jurisdiction where applicants were initially trained in the profession, i.e. before they were granted use of the protected title or professional designation in Ontario.
Ontario: 229
Other Canadian Provinces: Not applicable
USA: Not applicable
Other Countries: Not applicable
Multiple and/or Unspecified Countries: Not applicable
Total: 229

Note: These metrics reflect the number of paralegal applicants referred for good character review. Most of the matters that are reviewed for good character are resolved administratively and without the need to refer the matter to the Law Society Tribunal (Hearing Division) for final disposition under the Law Society Act, R.S.O. 1990, c. L.8.

51. State the number of reviews and appeals that your organization processed in the reporting year (January 1-December 31, 2022). For applicants who initiated an appeal of a registration decision. Enter the data by the jurisdiction where applicants were initially trained in the profession, i.e. before they were granted use of the protected title or professional designation in Ontario.

Not applicable.

52. State the number of reviews and appeals heard in the reporting year (January 1-December 31, 2022). Enter the data by the jurisdiction where applicants were initially trained in the profession, i.e. before they were granted use of the protected title or professional designation in Ontario.
Ontario: 7
Other Canadian Provinces: Not applicable
USA: Not applicable
Other Countries: Not applicable
Multiple and/or Unspecified Countries: Not applicable
Total: 7

Note: This metric addresses the number of good character matters involving paralegal candidates that were heard and concluded by the Law Society Tribunal during the reporting period. This metric does not include matters that were referred for hearing during the reporting period, but not heard and concluded by the Law Society Tribunal.

53. State the number of registration decisions changed following an appeal and/or review that your organization processed in the reporting year (January 1-December 31, 2022). Enter the data by the jurisdiction where applicants were initially trained in the profession, i.e. before they were granted use of the protected title or professional designation in Ontario.

Total: 0

Note: Pursuant to the Law Society Act, R.S.O. 1990, c. L.8. an application for a licence may be refused only after a hearing by the Law Society Tribunal (Hearing Division). There were no matters appealed from the Law Society Tribunal to the Tribunal’s Appeal Division or to Divisional Court for judicial review that resulted in a change to a registration decision to a matter that was disposed of by a hearing conducted by the Law Society Tribunal (Hearing Division).

54. List the top three reason for appeals (by percentage) of a registration decision.

Not applicable.

55. List the top five reasons (by percentage) for not Issuing a License/Certification to Internationally Trained Individuals.

Not applicable.

56. List the top Five Reasons (by percentage) for not Issuing a License/Certification to Canadian Graduates.

Not successfully completing the licensing examination within the term prescribed by bylaw.
Candidate request for withdrawal from the licensing process.
Did not pass examination within number of attempts prescribed by bylaw.
Found not to be of good character.

57. Please provide any additional comments you may have:
None.

Terms or Concepts Explained