The provisions relating to temporary mobility in the NMA are not recognised by the three territories. There is a national database that allows law firms to determine whether a lawyer has the right to act as a lawyer in a jurisdiction on occasion without permission. A bar association wishing to determine whether a lawyer without authorisation is eligible for mobility can access the national database. The Bar Association of each mutual province allows invited lawyers to request an extension beyond 100 days, and an application may be granted if it is not contrary to the public interest. A lawyer who cannot obtain an extension must apply for an interjurisdictional licence. In November 2006, the three territorial law firms (Northwest Territories, Nunavut and Yukon) and all signatories to the National Mobility Accord signed the Territorial Mobility Agreement. In accordance with this agreement, the signatories agreed that territorial law firms will participate in national mobility as mutual management bodies with regard to permanent mobility (transfer of lawyers from one jurisdiction to another), without having to participate in the provisions on temporary mobility. This agreement may exist for a maximum period of five years. On 1 January 2012, the TMA expires and signatories are no longer obliged and no longer have rights under the Territorial Mobility Agreement.

A lawyer who intends to provide services in another provincial province under the new mobility rules must record the number of business days during which he or she provides legal services in that province and be prepared to demonstrate compliance. For this purpose, a working day includes a partial day, a public holiday and a weekend day. Lawyers from British Columbia who travel to Alberta, Saskatchewan and Manitoba to practise, and provincial lawyers who come to British Columbia, could previously do so without authorization for up to six months over a 12-month period under a “Western Mobility Protocol” adopted in 2001. The new national rules on mobility in each of these provinces will replace the Western Mobility Protocol and previous rules on inter-jurisdictional practice. If you are entitled to mobility without authorization and you come from an jurisdiction that has not signed and implemented the National Mobility Agreement, you may only reside in Ontario occasionally under Part VII of Bill 4: Occasional Practice of Law 12 – 10 – 20 ff. 46-52 as a lawyer. If you are not eligible for mobility without prior authorization, you must apply for permission to practise law in Ontario from time to time in accordance with the by-laws. If the authorization is granted, the Société may impose such conditions as it deems appropriate. There is currently no fee for such a request. The National Mobility Agreement and the Territorial Mobility Agreement are both reciprocal agreements. In other words, in order for a lawyer to benefit from the terms of the agreement, the lawyer`s home law firm and the law firm of the jurisdiction to which the lawyer wishes to move must have signed and implemented the agreement.

A visiting lawyer may not open an escrow account or manage escrow funds in the host province and will not be deemed qualified or willing to practise in the province except occasionally in accordance with mobility rules. All trust funds involved in the visiting lawyer`s legal practice must therefore be settled by another lawyer who is a member of the local law firm or, alternatively, through the visiting lawyer`s escrow account in the home jurisdiction (Rule 2-16(1)(a)). As a transitional provision, lawyers only have to spend days between July 1 and July 31. December 2003 count if they follow the “100 days” limit for the whole of 2003. On July 1, 2003, the Law Society of British Columbia and five other provincial law firms issued rules that facilitate the travel and work of lawyers across provincial borders. The regulation gives most lawyers more leeway to practice temporarily in another province without having to obtain an inter-jurisdictional licence, and also facilitates appeal and admission requirements for lawyers who wish to move permanently from one province to another. There are significant restrictions on who can apply for a transfer under the new rules. For example, the plaintiff lawyer must currently have the right to work as a lawyer in the home jurisdiction. For complete on-application requirements and admission by transfer, lawyers should review the law society rules in the jurisdiction in which they apply (in British Columbia, see rules 2-49 to 2-49.2).

The National Mobility Convention applies only to lawyers who have the “right to exercise their right” in a jurisdiction that has signed the National Mobility Convention or the Territorial Mobility Agreement and has adopted legislation implementing the requirements of the Agreement. The following jurisdictions have implemented the National Mobility Agreement: The most important mobility provision is contained in subsections 9(1) and 9(2) of The Statutes 4 NOTE: Lawyers from provinces or territories outside Ontario who are interested in temporary or permanent mobility in Ontario should familiarize themselves with the applicable laws[…].