Mobility Information & Agreements
Introduction
‘Mobility’ may be temporary or permanent. A lawyer who is a member of a governing body in one Canadian jurisdiction enters the realm of mobility by:
- providing legal services temporarily in another jurisdiction, or with respect to the law of another jurisdiction, or
- becoming a member of the governing body in another jurisdiction.
History
The interjurisdictional practice of law in Canada is governed by a system founded upon (i) the legislation and rules/by-laws that govern the legal profession in each jurisdiction and (ii) two interjurisdictional agreements. Read more…
Summary Chart
This chart provides a general overview of the system currently in place in Alberta.
| | Member of NMA | Member of IJP | Neither |
| No Permit Required | Up to 100 days a calendar year | 10 legal matters for no more than 20 days in 12-months (10-20-12) | Always required |
| With Executive Director's Permission | Over 100 days or pending transfer | Over 10-20-12 | Always required |
| Permit Required | Where conditions for practising without a permit are not met | Where conditions for practising without a permit are not met | Always required |
| Transfer Required | Economic nexus | Economic nexus | Economic nexus |
NMA = National Mobility Agreement
IJP= Interjurisdictional Practice Protocol
Economic Nexus is defined in the rules
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Agreements & Jurisdictions
National Mobility Agreement (NMA)
Agreements:
National Mobility Agreement (August 16, 2002)
Accord de libre circulation national (August 16, 2002)
Participating NMA Jurisdictions:
- British Columbia
- Alberta
- Saskatchewan
- Manitoba
- Ontario
- Nova Scotia
- New Brunswick
- Newfoundland & Labrador
- Prince Edward Island
Interjurisdictional Practice Protocol (IJP)
Participating IJP Jurisdictions:
Territorial Mobility Agreement
The Territorial Mobility Agreement was formed in 2006 by the Federation of Law Societies of Canada to address the unique characteristics of the three territorial law societies.
It allows them to participate in national mobility as reciprocating governing bodies with respect to permanent mobility, or transfer of lawyers from one jurisdiction to another, without a requirement that they participate in temporary mobility provisions. Alberta lawyers seeking to practice in any of the three territories would still be required to pay a single appearance fee but would have, under full mobility, the option of joining a territorial law society without having to write the exams.
Territorial Mobility Agreement (May 26, 2006)
Accord de libre circulation Territoriale (May 26, 2006)
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