Application to Pay the Over 65 (Retired) Annual Fee and Exemption from the Requirement to File the Annual Report
Applications to be emailed
Until further notice, please EMAIL completed applications for By-Law Administration Services to bylawadmin@lso.ca.
Purpose
Lawyers and paralegals over 65 and no longer practising law/providing legal services may apply to be approved for the over 65 (Retired) Annual Fee category and for exemption from the requirement to file the Annual Report as set out in By-Law 5 and By-Law 8. It is necessary to complete the application and provide all required documentation. These requirements exist to ensure that the lawyer or paralegal's practice is wound up in an orderly fashion by confirming that their files have been transferred to another lawyer or paralegal and that any trust accounts are properly disbursed and closed (where applicable).
This fee is not pro-rated or reduced for licensees who switch their licensing status throughout the year. It will be billed to you separately upon approval of your application.
If you no longer want to pay an annual fee to the Law Society, you have the option to surrender your licence.
Who can apply
Lawyers and paralegals who are not suspended, are 65 years of age or older, and no longer practising law or providing legal services in Ontario.
Application requirements
- A completed Application to Pay the Over 65 (Retired) Annual Fee and for Exemption from the Requirement to File the Annual Report
- Evidence that all open trust/mixed trust (and estate accounts if applicable) have been closed and have a zero balance (for applicants who were Sole Practitioners in Ontario at any time within the last 3 years from the date of their application)
- Evidence that the applicant no longer has any signing authority over any trust/mixed trust (and estate accounts if applicable) (for applicants who were Partners/Employees/Associates of a law firm or paralegal firm in Ontario at anytime within the last 3 years from the date of their application)
- Payment of all applicable Law Society fees and submission of all required annual filings. Licensees must pay all Law Society annual fees up to the end of the month in which the Law Society considers the application to be complete and approved to be placed in the 10% annual fee category.
Ongoing Requirements
Lawyers and paralegals who wish to return to the practice of law or provision of legal services after being approved to be placed in the 10% annual fee category and for exemption from the requirement to file the Annual Report must inform the Law Society prior to their return.
Lawyers and paralegals will receive an invoice for 10% of the annual fee the next month following the date at which the Law Society considers the application to be complete and approved. This fee is not pro rated.
Limits on Practising Law and Providing Legal Services
Lawyers and paralegals approved to pay the 10% annual fee on the basis of being over 65 years of age and no longer practising law or providing legal services are prohibited from practising law and providing legal services in Ontario. A lawyer who wants to practise law on a pro bono basis through a program registered with Pro Bono Ontario while paying an annual fee of less than 100% must first apply to be exempt from the requirement to pay the full amount of the annual fee.
Application Process
All applications and relevant attachments are reviewed by By-Law Administration Services. If the review reveals that the application and/or attachments are incomplete, a By-Law Administration Services representative will contact the applicant to request additional information or clarification or to advise of changes necessary for compliance with By-Law 5 and By-Law 8.
By-Law Administration Services requires up to 45 business days to process the application. If approved, the applicant will receive a letter confirming that they have been placed in the 10% annual fee category and are exempt from the requirement to submit the Annual Report.
Licensees who are placed in the 10% annual fee category and are granted an exemption from submitting an Annual Report can still apply to be a Coach or Advisor with the Coach and Advisor Network (CAN) if they meet the eligibility criteria to be a volunteer with CAN.
Administrative Fees
There is no fee for the Application to Pay the Over 65 (Retired) Annual Fee and for Exemption from the Requirement to File the Annual Report; however, all Law Society annual fees owing up to the end of the month in which the Law Society considers the application to be complete and approved to be placed in the 10% annual fee category must be paid in full.
Links to Application and additional information for closing your practice
Links to Applicable By-Laws
Questions
Application and Law Society Annual Report filing related questions should be directed to By-Law Administration Services by contacting the Law Society at (416) 947-3315 (toll-free 1-800-668-7380 ext. 3315) and asking to be transferred, or by email at bylawadmin@lso.ca.
To pay annual fees contact the Membership Services department by calling the Law Society at (416) 947-3315 (toll-free 1-800-668-7380 ext. 3315) and asking to be transferred, or by email at records@lso.ca.
Accessibility
The Law Society of Ontario is committed to ensuring that our websites and web applications are accessible for people with disabilities. We have also made efforts to make Law Society documents accessible to everyone. If you need any of our documents or forms in an alternate format that is accessible to you, please contact the department listed on our website as responsible for the document/form or email lawsociety@lso.ca with details about what document/form you need.