Permanent Mobility for Canadian Lawyers
Information for Lawyers from Other Canadian Provinces or Territories Intending to Transfer to Manitoba
In this section:
Please also refer to:
Guidelines for Good CharacterPlease note that you should advise potential employers that you cannot practise law in Manitoba, except on a temporary basis as set out in Part 3 of the Law Society Rules, until all steps in the transfer process have been completed and you have been called to the bar, prior to your establishment of an economic nexus in Manitoba.
If you are a practising lawyer and a member of a governing body of the legal profession in another province or territory of Canada that has signed and implemented the National Mobility Agreement (NMA) or the Territorial Mobility Agreement (TMA) of The Federation of Law Societies of Canada then you will be exempt from writing the transfer qualification examination. Instead, you will be required to purchase reading materials and certify in writing to the Society that you have read and understand all of the materials provided to you. You must comply with all other admissions requirements set out in the rules. The current signatories to the NMA are the governing bodies in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova Scotia, New Brunswick, Newfoundland and Labrador, and Prince Edward Island. These governing bodies, as well as the governing bodies in the Yukon, Northwest Territories and Nunavut are also signatories to the TMA.
If you have moved to Manitoba or are planning to move and establish an economic nexus, and you are transferring from a jurisdiction that has signed and implemented the NMA then you may also be permitted to practise in Manitoba beyond the limitations for temporary practise imposed by the rules, pending approval of your Application for Admission on Transfer. This does not apply to lawyers who are members of the law societies in the Yukon or Nunavut. Although these jurisdictions are signatories to the TMA, their rules do not provide coverage for misappropriation or conversion where the claim arises from the lawyer's practise on a temporary basis in another province or territory. Transfer applicants from these jurisdictions should contact their own law society directly about this matter. Applicants from other law societies must complete an Application for an Inter-Jurisdictional Practice Permit along with a certificate of standing and proof of insurance or insurance exemption information and submit it to the Admissions & Membership Department.
A. THE TRANSFER PROCESS FOR QUEBEC LAWYERS
If you are a member in good standing of the Barreau du Quebec who is authorized to practise in Quebec and maintains the full, mandatory, professional liability insurance coverage required by the Barreau that extends to your practise in Manitoba and you have earned a Bachelor degree in civil law in Canada or a foreign degree and a certificate of equivalency from the Barreau then you may qualify to practise in Manitoba as a Canadian Legal Advisor (CLA). The scope of a CLA's practice is limited to giving legal advice on the law of Quebec and matters involving the law of Quebec, matters under federal jurisdiction and matters involving public international law. Please contact the Law Society for further information
B. REQUIREMENTS FOR TRANSFER TO THE MANITOBA BAR UNDER THE NMA AND TMA
If you are transferring from a jurisdiction that has signed and implemented the NMA or TMA (British Columbia, Alberta, Saskatchewan, Ontario, Nova Scotia, New Brunswick, Newfoundland and Labrador, Prince Edward Island, the Yukon, Northwest Territories and Nunavut):
You must have active Practising status with insurance in your home jurisdiction (or provide proof of insurance exemption).
1. Reading Requirements:
- Purchase and read the required reading materials (the current year of CPLED materials) for $157.50 ($150 plus G.S.T.) with registered mail delivery costs or it can be picked up at the Law Society office; and
- Read The Law Society Rules of Manitoba, the Legal Profession Act and the Code of Professional Conduct which are found on The Law Society of Manitoba website in the Lawyer Regulations section. Read the required materials carefully as you will have to certify in writing that you have read and understand them when you submit your Application for Admission on Transfer.
2. Complete the Reading Requirement.
3. Submit the following documents and fees to the Admissions and Membership Department 30 days prior to your anticipated start date:
- a formal Application for Admission on Transfer (with reading certification);
- the non-refundable application fee in the amount of $157.50 ($150.00 plus G.S.T.);
- a certificate of good standing from all governing body of the legal profession inside and outside of Canada of which you are or were ever a member, dated not more than 30 days before the date of your application for Admission on Transfer;
- Proof of insurance or insurance exemption; and
three letters of references attesting to your good moral character and repute.
4. Satisfy such additional requirements as may be required.
IMPORTANT: You cannot practise law in Manitoba before your Call to the Bar except in accordance with the provisions of the National Mobility Agreement. If you require approval to practise in the interim, you must obtain an Inter-Jurisdictional Practice Permit.
5. If approved, submit the Application for Call & Admission for All Applicants except CPLED Graduates and pay the call fees in the amount of $630.00 ($600.00 plus G.S.T.). The Law Society will then proceed to arrange for the call ceremony. If the Application for Call and Admission and/or the call fee is submitted after 30 days from the date of the original certificate of standing, a new certificate of standing will be required.
6. Upon confirmation of your date of call, you must submit an Application to Commence Active Practice and attend the call ceremony as scheduled.
7. Annual practising fees and your insurance contribution must be received by the Law Society prior to the date of the call ceremony. Contact the Law Society's Chief Financial Officer, Colleen Malone at (204) 942-5571 for the exact amount payable. Please note that after the call, fees are payable on April 1st, July 1st and December 1st of each year or are pro-rated for portions of the year.
8. If you plan on maintaining a Non-Practising status, you must submit notification in writing prior to your date of call along with the annual non-practising fee of $105.00 ($100 plus G.S.T.).