Doing legal business in Canada
With a global reputation for stability, diversity and prosperity, Canada is the second largest country on earth by territory. It is bordered by three oceans. The frontier with the United States is the world’s longest undefended border.
Canada is rich in natural resources, with the world’s third largest proven oil reserves. Canada is a world leader in the production of many natural resources such as gold, nickel, uranium and diamonds. Canada is one of the largest agricultural producers and exporters in the world.
Canada is one of the world’s largest trading nations, with a globalised economy, but is highly dependent on the United States – the destination of 76% of exports.
With 39.9 million inhabitants, Canada is the world’s ninth largest economy. Canada is a federation with eleven components: the national Government of Canada and ten provincial governments.
There are also three territorial governments in the far north, which exercise powers delegated by the federal government. Canadian provinces hold considerable powers, including over natural resources, health, education, and administration of civil/criminal justice.
Canada is a multicultural nation with three founding peoples – Indigenous (called First Nations), French and English – two official languages, and two legal systems:
- the English common law tradition is used in most of Canada
- the French civil law tradition is used in Quebec
The United Kingdom and Canada are currently negotiating a bespoke free trade agreement (FTA) to replace the Trade Continuity Agreement that has maintained the preferential access under the EU-Canada FTA. The Law Society has worked closely with the UK government to ensure that legal services are a priority in the negotiations.
Canada is also a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) that the UK formally agreed to join in July 2023.
Practising law in Canada
Canada is generally an open market for foreign lawyers wishing to advise on the law of their home jurisdiction.
The specific rules for foreign lawyers vary from province to province, however.
Foreign lawyers must meet the requirements of the province or territory in which you wish to practise. These may include:
- obtaining a permit
- becoming a member of the bar in that jurisdiction
- having a minimum number of years’ experience
Certain activities – such as appearing in court or advising on local law – are restricted to lawyers licensed in the province or territory.
Most provinces require you to register as a Foreign Legal Consultant (FLC) to provide legal services in home jurisdiction or international law. You must register separately in every province in which you intend to provide legal services.
In most provinces, you’ll need to register as an FLC in advance, even to provide temporary (fly-in-fly-out) legal services. Only British Columbia does not require FLC status prior to providing fly-in fly-out legal services. British Columbia permits foreign lawyers to provide foreign legal services without a permit for a maximum of 30 days in any calendar year.
It is important to research the particular rules for practice by foreign lawyers in the province that you intend to provide legal services. For example:
| Foreign legal consultant | Conditions | Fly-in fly-out | Arbitration / mediation | Appearing in court | |
|---|---|---|---|---|---|
| Alberta | You'll need a limited license from the Alberta Law Society to provide services in foreign and international law | You’ll need to have practised in your own jurisdiction for at least three years | You must be registered as an FLC to offer fly-in fly-out services | Permitted to foreign lawyers | You must be licensed in a Canadian jurisdiction to appear in court |
| British Columbia | You'll need a limited license from the Law Society of British Columbia to provide services in foreign and international law | You’ll need proof that you've practised the law of a foreign jurisdiction for at least three of the last five years | Foreign lawyers may provide foreign legal services without a permit for a maximum of 30 days in any calendar year | Permitted to foreign lawyers | You must be licensed in a Canadian jurisdiction to appear in court |
| Ontario | You'll need a limited license from the Law Society of Ontario to offer advisory services in foreign and international law | Depending on your experience, you may need a supervisor | You must be registered as an FLC to offer fly-in fly-out services | Permitted to foreign lawyers | You must be licensed in a Canadian jurisdiction to appear in court |
| Quebec | You'll need a limited license from the Bar of Quebec to offer advisory services in foreign and international law | You’ll need to show evidence you’re proficient in French to obtain FLC status | You must be registered as an FLC to offer fly-in fly-out services | Permitted to foreign lawyers | You must have a license in Quebec to appear in court |
The legal system and courts
Canada has two legal systems:
- the French civil law tradition in Quebec
- the English common law tradition, followed in all other provinces and territories
This is known as bijuralism.
All federal bills and regulations must respect both systems and must be expressed in both English and French.
Canada is a federal parliamentary democracy under a constitutional monarchy. Both the national parliament and the provincial and territorial legislatures have law-making powers in different areas of jurisdiction.
The Constitution of Canada is the supreme law of the land and includes the Constitution Act 1867 and the Constitution Act 1982, which contains the Canadian Charter of Rights and Freedoms.
The Supreme Court of Canada is the country’s highest court. It hears appeals from all of Canada’s federal, provincial and territorial appeal courts and decides important constitutional questions and particularly complicated matters of law.
Subordinate courts include the:
- Federal Court of Appeal
- Federal Court
- Tax Court of Canada
At provincial and territorial level, there are the:
- courts of appeal
- superior courts
- lower courts
The legal profession
Legal services in Canada are of provincial jurisdiction and are separately regulated in each province and territory. Lawyers practising in Canada must have a valid license issued by the law society of the province or territory in which they’ve registered to practise.
All domestically trained lawyers in Canada must have a Bachelor of Laws (LLB) or Juris Doctor (JD) degree before being called to the bar in their respective province. Typically, a candidate must hold a four-year undergraduate law degree before going on to an LLB or JD programme, which takes an additional three years of study. There are 18 common law and six civil law schools in Canada. Admittance to law school in Canada is a rigorous and highly competitive process, with less than 35% of applicants admitted each year.
After gaining a law degree, candidates must typically pass a provincial bar exam and complete articles with a law firm.
Lawyers in Canada's common law provinces can practise in all common law provinces through agreements between provincial law societies. Lawyers from common law provinces can get permission to practise in Quebec on specific matters.
Canada’s 14 provincial and territorial law societies govern over 134,000 lawyers:
- Ontario: 62,068
- Quebec: 27,463 (and 4,277 notaires)
- Alberta: 16,531
- British Columbia: 15,383
Canada’s legal profession is fused, and practitioners are generally known as ‘lawyers’, ‘attorneys’, or ‘counsel’. Some may use particular titles to indicate specialisms, such as ‘barrister’ or ‘litigator’ for a specialist in advocacy, and ‘solicitor’ for other types of practice.
In Quebec, only ‘avocats’ may argue cases in court in contentious matters, while ‘notaires’ specialise in legal agreements.
Canada has retained the honorary title of ‘King’s Counsel’, which may be awarded to lawyers who have made outstanding contributions to the legal profession or public life by the federal or provincial governments in consultation with the Canadian Bar Association, the law societies and the courts.
Regulation and representation
The legal profession in Canada is regulated by the 14 provincial and territorial law societies.
Every lawyer must be a member of the law society in the jurisdiction where they wish to practise.
The law societies:
- set qualification requirements, practice rules and codes of conduct within their jurisdiction
- are responsible for investigating complaints
- have the power to discipline members
The law societies do not provide a representative function to members in Canada.
The Federation of Law Societies of Canada (FLSC) is the national association of the 14 provincial and territorial law societies.
The FLSC:
- facilitates the sharing of information on important trends and issues
- coordinates the development of national standards and the harmonisation of law society rules and procedures, and
- undertakes national initiatives on behalf of law societies
To harmonise the rules of conduct across Canada, the law societies have collaborated, through the FLSC to develop a Model Code of Professional Conduct that has been adopted by all law societies except for the Chambre des Notaires in Quebec.
Among the provincial law societies, the Law Society of Ontario (formerly the Law Society of Upper Canada) is the largest and oldest, having been founded in 1797 and regulating more than 57,000 lawyers and over 10,000 licensed paralegals.
The Canadian Bar Association (CBA) is a voluntary membership body that represents over 36,000 lawyers, judges, notaries, law teachers and students in Canada. The CBA had 13 branches, one in each province and territory.
Mobility within Canada
The National Mobility Agreement (NMA) allows lawyers to transfer between all common law provinces in Canada.
Under the agreement, lawyers in common law provinces also enjoy temporary mobility rights and are permitted to practise for up to 100 days a year in another common law province
When fully implemented, the NMA will extend mobility rights to lawyers seeking to transfer to and from Quebec as well. Currently Canadian trained lawyers licensed in Quebec have the right to transfer to New Brunswick, Ontario, Manitoba, Saskatchewan and British Columbia. When approved by the government of Quebec, lawyers from Canadian common law jurisdictions will be able to transfer to Quebec.
Transfers between Quebec and those Canadian common law provinces that have not yet implemented the NMA are governed by the Quebec Mobility Agreement and an addendum to the agreement. These agreements allow lawyers in common law jurisdictions wishing to practise in Quebec, and lawyers and notaries from Quebec wishing to practise in common law jurisdictions, to acquire restricted practise rights.
The Territorial Mobility Agreement governs transfers between the common law jurisdictions and the territories of Yukon, the Northwest Territories and Nunavut.
Legal services market
Canada’s legal market is a mixture of:
- traditional leaders – the ‘Seven Sisters’ group of top-tier firms and other big national players
- smaller firms and boutiques eminent in particular regions or practice areas
- growing competition from international firms, notably from the UK and US, entering the market through mergers with local firms
Many Canadian firms have expanded their international reach in response to their clients’ global ambitions, boosting their presence in key markets such as London, New York, Asia and the Middle East.
Canadian firms with offices in London include McCarthy Tetrault, Fasken Martineau, Strikeman Elliott, and Blake Cassels & Graydon.
Gowling WLG was formed by the combination of Canadian firm Gowlings and UK-based Wragge Lawrence Graham & Co in February 2016.The Canadian and English LLPs operate through an English company limited by guarantee structure similar to a Swiss verein.
Canada is a major hub for energy and natural resources work and a bridge to the US market. Other notable practice areas include:
- project finance
- infrastructure and transportation
- international arbitration
- cross-border litigation
- Aboriginal law
Toronto is the main legal centre, particularly for corporate and finance work, which has traditionally been dominated by the ‘Seven Sisters’ firms.
Calgary and Vancouver are hubs for energy and natural resources work. Quebec is a distinct market, with a separate civil code for private law.
A handful of Canadian firms have over 500 employees, but most are in the small- to mid-size range. Firms generally operate on a traditional basis.
Alternative business structures (ABSs) have been widely debated. The CBA recommended in 2014 that ABSs be permitted. However, the provincial and territorial law societies control regulation and have not allowed ABSs to date, albeit with limited exceptions, such as:
- multi-disciplinary practices in some provinces
- non-lawyer ownership up to 50% in Quebec
Foreign law firms
Besides Gowling WLG, Dentons and Norton Rose Fulbright entered the Canadian market more than 10 years ago through mergers with Canadian firms. These firms are structured like Swiss vereins.
Recently there has been more movement in the mid-market tier with the entry or expansion of several foreign firms. Philadelphia-founded firm Cozen O’Connor, with more than 800 lawyers in 31 cities, has recently made a push to become a full-service firm in Canada, expanding its offices in Toronto, Montreal and Vancouver.
Clyde & Co. first established in Canada in 2011 with offices in Montreal and Toronto is also expanding its presence in Canada, adding offices Vancouver in 2021 and Calgary in October 2022.
The DWF Group entered the Canadian legal market by acquiring Whitelaw Twining Law Corporation in December 2022. DWF now has offices in Toronto, Vancouver and Calgary providing both legal advisory and connected services.
Setting up a law firm/branch office
Rules for establishment by foreign law firms are provincial.
There is no firm-based licensing so scope of practice by foreign law firms is dictated by the license of the individual lawyers in the firm. If the lawyer is Canadian licensed, they have unrestricted scope, but if they are Foreign Legal Consultants, they may only advise on their home country law.
Foreign investment in Canada by non-Canadians is subject to a regulated review process governed by the Investment Canada Act (ICA). Foreign investments are subject to review if over a certain threshold (approx. CAD 1.9 billion in 2023 for investment from the UK).
Before establishing a branch of a foreign law firm in Canada it is important to research specific rules in the provinces you're establishing in.
| Opening offices | Working with Canadian lawyers | |
|---|---|---|
| Alberta |
Foreign firms may establish a commercial presence (a permanent office) to offer advisory services in foreign and international law. There is no explicit foreign law firm licensing regime that regulates these arrangements. They can advise on home and international law. Foreign Legal Consultants who are not also licensed to practise law in Alberta may not be a partner in a limited liability partnership in Alberta, and FLCs may not own shares in a professional corporation that is carrying on the practice of law in Alberta. |
Canadian lawyers may:
|
| British Columbia |
Foreign firms may establish a commercial presence (a permanent office) to offer advisory services in foreign and international law. There is no explicit foreign law firm licensing regime that regulates these arrangements. They can advise on home and international law. There are specific rules in relation to use of names by lawyers or law firms. These rules provide that, insofar as firm names are a ‘marketing activity’, the provisions of Chapter 14 of the Professional Conduct Handbook apply. Foreign lawyers and firms are treated the same as local lawyers in the application of these rules. |
Canadian lawyers may:
|
| Ontario | Foreign firms may establish a commercial presence (a permanent office) to offer advisory services in foreign and international law. There is no explicit foreign law firm licensing regime that regulates these arrangements. They can advise on home and international law. | Canadian lawyers may:
|
| Quebec | Foreign firms may establish a commercial presence (a permanent office) to offer advisory services in foreign and international law. There is no explicit foreign law firm licensing regime that regulates these arrangements. They can advise on home and international law. |
Canadian lawyers may:
|
In Canada, lawyers and paralegals can form multi-disciplinary practices with professionals who practise a profession, trade or occupation that supports or supplements the practice of law (such as accountants, tax consultants, trademark and patent agents). These arrangements are subject to regulations in each province to protect the integrity of the legal advice provided and client confidentiality.
Immigration/business travel rules
UK business travellers who do not plan to enter the Canadian labour market can remain for up to six months without a visa.
You’ll need to:
- show that your main place of business and source of income is outside Canada
- show that profits from your business will accrue outside Canada
- have an Electronic Travel Authorization (eTA) before you travel
For longer term stays or to provide remunerated work in Canada, you’ll need a work permit.
Canada offers more than 100 different types of work permits, so you may wish to consult a professional on the best options depending on your circumstances.
US and Mexican lawyers have more flexibility to market their services under the Canada-US-Mexico Trade Agreement.
Requalifying as a Canadian lawyer
The requirements to be admitted to the bar as a foreign-trained lawyer vary from province to province, but generally, a candidate must show they have education equivalent to a Canadian LLB or juris doctor degree.
In the common law provinces, your legal training and professional experience will be evaluated the National Committee on Accreditation (NCA) of the Federation of Law Societies of Canada. You need a law degree to qualify for the assessment. Solicitors without a law degree would need to complete a law degree in Canada.
Based on its assessment, the NCA will send you legal education assignments to ensure your knowledge of Canadian law is similar to that of someone who got their law degree from an approved Canadian common law programme.
In general, all applicants (including those with a UK law degree) need to complete at least five core courses on Canadian-specific aspects of the law. More courses may be required based on the NCA assessment of your educational background.
These “assignments” can be completed by either:
- passing NCA exams, or
- completing the assigned subjects at a Canadian law school
On successful completion of the NCA requirements, you’ll receive a certificate of qualification.
In order to become licensed in Canada, you’ll then need to follow the same process as someone who has completed a Canadian law degree. Typically, this means you’ll need to:
- pass a Bar exam with the law society of the province when you wish to practise, and
- complete articles with a law firm
In Ontario, for example, candidates must pass both the Barrister Licensing Examination and the Solicitor Licensing Examination. Candidates must also complete ten months of articles under the supervision of a practising lawyer or an eight-month law practice programme. Other provinces have similar, but not identical examination and experiential training requirements.
Canadian lawyers practising in England and Wales
The UK is home to 200 foreign law firms from around 40 jurisdictions – employing over 10,000 people – many of which have developed capabilities in both English law and the law of other jurisdictions.
Canadian lawyers who wish to practise law in England and Wales may offer legal advice and services in any law, including English law, with only the following restrictions:
- only those qualified and certificated as solicitors or barristers in England and Wales can call themselves by those titles. It is a criminal offence to act as a solicitor, or to pretend or imply that you are one
- certain limited areas of law are reserved to solicitors and barristers or other recognised professionals who are qualified to practise in England and Wales.
Find out more about working as a foreign lawyer in England and Wales in our guide to doing legal business in England and Wales.
Requalifying in England and Wales
Lawyers from abroad and overseas students who wish to qualify in England and Wales can sit the Solicitors Qualifying Examination (SQE).
The SQE provides a path to the solicitor title through the same exam taken by domestic candidates.
A foreign lawyer with more than two years of experience can apply for an exemption from SQE2. Foreign lawyers are also exempt from the requirement to have qualifying work experience.
Read our guidance on the SQE for foreign lawyers
The SQE has replaced the Qualified Lawyers Transfer Scheme (QLTS). If you've already started the QLTS and passed the multiple-choice test, see the SRA’s guidance.
The Law Society and Canada
Interest in Canada has recently been amplified by the prospect of a bespoke FTA.
The Law Society has provided input to the UK government’s negotiating position on legal services and continues to engage closely with the Ministry of Justice and the Department of Business and Trade to ensure that legal services remain a priority in the negotiations.
We have good links with Canada’s law societies and bar associations, particularly at the national level. We meet regularly with the Federation of Law Societies of Canada and the Canadian Bar Association.
Resources
British High Commission in Ottawa
Canada – United Kingdom Chamber of Commerce
The British Canadian Chamber of Trade and Commerce
Federation of Law Societies of Canada
National Committee on Accreditation
Law societies in Canada by province
Law Society of British Columbia
Law Society of Newfoundland & Labrador
Law Society of the Northwest Territories
Nova Scotia Barristers’ Society
Law Society of Prince Edward Island