Services Trade Policies and the Global Economy by OECD

Author:OECD
Language: eng
Format: epub, pdf
Tags: Finance and Investment/Governance/Trade
ISBN: 9789264275232
Publisher: OECD Publishing
Published: 2017-06-08T03:00:00+00:00

Box 2.4. Requalifying as local lawyers in Canada

In order to obtain a full licence to practise law in any Canadian province or territory, foreign lawyers must apply to the National Committee on Accreditation (NCA) for evaluation of their credentials and experience. The NCA establishes the educational and practising criteria an applicant must meet to be considered for admission to any of the law societies. Upon successful completion of this assessment, which is made before the foreign lawyers apply for admission to the bar in Canada, the NCA issues a Certificate of Qualification.

The NCA applies a harmonised standard on a national basis so that applicants outside Canada do not need to satisfy different entrance standards to practise law in the different provinces and territories. Each application is assessed on an individual basis, taking into account the specific elements of each applicant’s educational and professional background (e.g. the type of legal system and the subject areas studied, whether the legal education programme is recognised by the local regulatory authority and professional legal experience).

Once an application has been assessed by the NCA, a candidate may be asked to complete specific law school courses and to pass examinations to demonstrate competence in specific subject areas. The requirements that are assigned focus on the competence of applicants in core common law subjects of Canadian law (e.g. administrative law, constitutional law and criminal law). Other subject areas not specific to Canadian law (e.g. commercial law or civil procedures) may be recognised, depending on the candidate’s education and experience.

The NCA processes applications in the order they are received by the Federation of Law Societies of Canada. An applicant will normally receive an assessment report within eight weeks from the time that all required formalities have been completed. Applicants may appeal the assessment issued by the NCA by submitting a letter to the NCA indicating the reasons for the appeal. An Appeal Panel established by the NCA considers the appeal and issues its decision, which may reduce or supplement the requirements set out in the decision being appealed.

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