In Ontario, temporary mobility statutes are based on agreements negotiated between members of the Federation of Canadian Law Societies, which includes the Law Society of Ontario. These agreements are transferred to BC under Act 2-81 and the National Mobility Agreement, a lawyer must be empowered to practice law in a co-responsible jurisdiction, or a lawyer who has signed the National Mobility Agreement and enacted legislation that enforces the requirements of the agreement. Currently, the stories are BC, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, Newfoundland, Prince Edward Island and New Brunswick. Any lawyer who, under the new mobility rules, wishes to practice temporarily in another response province may do so without seeking authorization, provided that a host lawyer does not open a receiver account or deal with trust funds in the host province and cannot be considered qualified or willing to practice in the province, except occasionally under the rules of mobility. All trust funds involved in the host lawyer`s legal practices must therefore be managed by another lawyer who is a member of the local law company or who is managed alternately by the host lawyer`s receiver account in the home jurisdiction (Rule 2-16(1)a). NOTE: Lawyers in provinces or territories outside Ontario who are interested in temporary or permanent mobility in Ontario should be familiar with existing laws. The IJPP will continue to apply in temporary mobility to lawyers who are not authorized/authorized to practise in legal systems that have signed and implemented the national mobility agreement, but who are entitled to practice in legal systems that have signed and implemented the 1994 Inter-jurisdictional practice protocol (IJPP). With regard to permanent mobility (transfer), lawyers who do not have the right to practise in legal areas that have signed the national mobility agreement or the territorial agreement on territorial mobility must respect the provisions of the relevant jurisdiction in relation to transmission for non-retaliated courts. The Law Society of Newfoundland plans to participate in the mobility program, but must wait for the possibility of legislative change.

The Quebec Bar may also join at a later date, but it will first have to obtain different authorizations and will likely require separate rules, in recognition of the differences between Quebec`s legal systems and the common law provinces. Bill 4 provides for “occasional legal practice” in Ontario. This law defines the provisions relating to temporary mobility, with or without authorization. The National Mobility Agreement and the rules that have been adopted by six Canadian bars are the result of the work of the National Mobility Task Force of the Federation of Legal Societies, which has supported a more liberal mobility system for lawyers. For more information, see the task force report www.flsc.ca/en/pdf/mobility_reportMay2002.pdf. If you are eligible for unauthorized mobility and you are from a jurisdiction that has not been signed and implemented by the National Mobility Agreement, you are only allowed in Ontario occasionally in accordance with Part VII of Subject 4: Occasional Practice of Act 12 – 10 – 20 ss. 46-52. 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 provisions of the agreement, both the lawyer`s home law company and the legal society in which the lawyer intends to transfer must have signed and implemented the agreement.