Under Section 37(4) of the Legal Profession Act, the Law Society Benchers, Executive Director or delegate may, in special circumstances, waive or modify a requirement for, or membership in, the Law Society of Alberta.

Please note that this application may take several months to complete, depending on departmental workload.

Prerequisites

In order to be eligible for a Section 37(4) Application, an applicant must have:

• An NCA Certificate of Qualification or Canadian common law degree;
• Minimum three years of membership in a bar or a common law jurisdiction outside of Canada; and,
• Minimum three years of active practice experience in a common law jurisdiction outside of Canada.

Eligibility

To apply for a waiver or modification, please complete the following:

Determine your eligibility for a Section 37(4) Application – Factors which constitute “special circumstances” must exist for applicants to have their enrolment requirements modified or waived. The Law Society reviews specific criteria to determine if special circumstances exist in the case of a particular application. It is the responsibility of the applicant to demonstrate that special circumstances do exist and, where possible to provide supporting documentation. Special circumstances may include, but are not limited to, a combination of the following:

• The applicant’s successful completion of equivalent admission requirements for a bar or a law society in a common law jurisdiction outside Canada;
• The applicant’s legal practice experience (post-law school) in a common law jurisdiction outside Canada, taking into consideration the length, currency, nature and scope of the experience;
• Correspondence from lawyers, judges or the applicant’s former legal employer, who have direct knowledge of the applicant’s legal practice experience and which confirm the length, currency, nature and scope of the experience;
• The applicant’s legal experience in Canada (as a paralegal, legal researcher, legal assistant, etc., in a law firm, law department, legal organization, etc.), taking into consideration the length, currency, nature and scope of the experience;
• The applicant’s advanced legal training or legal education obtained outside or inside of Canada;
• The applicant’s volunteer experience with a legal organization in Canada;
• The applicant’s non-legal experience in Canada; and,
• Other circumstances that may be relevant and particular to the applicant (for example, prolonged illness or injury of the applicant or events beyond the applicant’s control, which arise when the applicant is nearing completion of the enrolment requirements).
• Please note that the inability to obtain articles is not considered a special circumstance.

Application

Prior to submitting a Section 37(4) application, you must apply for admission as a Student-at-Law and pay the application and admission fees. For more information on applying for admission as a Student-at-Law, please review the Articling Process page. An applicant is not required to have secured an articling position in Alberta to apply under Section 37(4); therefore, an Articling Agreement Application does not need to be submitted.

Once the applicant has submitted the Application for Admission, and determined their eligibility for a Section 37(4) application, they must submit their application materials to the Law Society’s Membership team. This application may include supporting documentation including:

• A letter signed by the applicant specifically describing the applicant’s legal practice experience in a common law jurisdiction outside of Canada (original not required);
• Proof of good standing (current within 6 months) during the period of membership for each common law jurisdiction in which the applicant is admitted outside of Canada (This may have already been submitted as part of a student-at-law application);
• Written confirmation from the applicant’s principal in Canada/Alberta supporting the request for a modification or waiver and addressing the applicant’s competence in relation to the Law Society of Alberta’s Education Plan (only applicable if the applicant has secured an articling position in Alberta. The Education Plan is available in the Online Articling Agreement Application); and,
• Information about any significant or exceptional circumstances in relation to the applicant or their background.

Once the application has been received by the Law Society, Membership will confirm receipt of the application. Please note that the Application for Admission must be submitted to the Law Society before the Section 37(4) application can be reviewed. The Executive Director or delegate may consider the applicant’s special circumstances to determine if they are equivalent to entry-level competency to practice law in Alberta.

It is highly recommended that applicants enroll in the PREP program (the bar admissions program administered by the Centre for Professional Legal Education (CPLED)) as soon as possible. A modification or waiver of all or part of the PREP program is only granted in rare circumstances and applicants should enroll immediately to avoid delay in registration and commencing the program. Applicants should be aware that they do not have to wait for an articling position or a decision from the Law Society in relation to their waiver/modification application before enrolling in PREP. However, they must have received Law Society approval of their Student-at-Law Application prior to commencing articles.

Rule 56(1)(d) of the Rules of the Law Society of Alberta, allows an applicant who has served articles in a Canadian jurisdiction other than Alberta to apply for a reduction of their articling term in Alberta, equal to the amount of time served in articles in the other jurisdiction. However, at least six months of articles must be served in Alberta.

If you have articled in another province and wish to apply for credit towards the articling requirement in Alberta, please submit an application to the Law Society’s Membership team. This application must include:

1. Letter of intent outlining that you are seeking credit for articling in another Canadian jurisdiction pursuant to Rule 56(1)(d),and contain the following:

   a)  Reference to the Law Society of Alberta’s Education Plan (available in the online Articling Agreement Application) and provide details on how you have met the competencies during your time articling in another jurisdiction.

   b)  Further information about your application to the Law Society of Alberta and reasons for applying here as a student-at-law after completion of articles in another jurisdiction. You must indicate if you have been denied admission in another jurisdiction or unable to complete bar admission requirements.

2.  Provide a letter of support from your principal during your articles. This letter should also refer to the law Society of Alberta’s Education Plan and provide an explanation as to how you have met these key competencies.

Please note that you must apply for admission as a Student-at-Law and have secured an articling position in Alberta before this application can be submitted for review. For more information on applying for admission as a Student-at-Law, please review the Articling Process page.