Temporary Practice under the NMA: Visiting lawyer providing legal services without a permit
All lawyers who wish to practise law in New Brunswick on an temporary basis who are from Canadian jurisdictions that have signed and implemented the National Mobility Agreement (NMA) (reciprocating jurisdictions) may do so without prior permission for up to 100 days in a calendar year providing they meet the requirements set out in subsection 59.1 and 59.3(1) of the General Rules under the Law Society Act, 1996.
The following reciprocating jurisdictions have signed and implemented the NMA:
Newfoundland and Labrador
Prince Edward Island
Temporary Practice under the IJP
Lawyers who wish to practise law in New Brunswick on a temporary basis who are from Canadian Jurisdictions that have signed and implemented the Inter-Jurisdictional Practice Protocol ( IJP) may do so without prior permission for no more than ten legal matters and not more than twenty days in total during any calendar year providing they meet the requirements of sections 59.1 and 59.3(1) of the General Rules under the Law Society Act, 1996.
Circumstances that Require a Permit
Lawyers who do not meet the requirements for a visiting lawyer providing legal services without a permit need permission to practise law on a temporary basis and must apply for a permit.
Who must Apply
- Lawyers from reciprocating jurisdictions who do not meet the requirements of sections 59.3(1) or (3) of the General Rules under the Law Society Act, 1996.
- Lawyers who anticipate their temporary practice will be more than the 100 days, in the case of a visiting lawyer entitled to practise law in the jurisdiction of an NMA governing body, or for more than ten legal matters and more than twenty days in the case of a lawyer from and IPJ governing body the permitted. Note: Any part of a day spent working on a New Brunswick-related file, whether or not you are physically in New Brunswick counts as one whole day towards the 100 days permitted.
- Lawyers who establish an economic nexus with New Brunswick as defined in section 59.4(2) of the General Rules under the Law Society Act, 1996. Lawyers who are applying for Permanent Transfer under the NMA and who intend to work in New Brunswick before they are licensed must apply for a Temporary Practise Permit.
Temporary Permit Application Requirements
Completed and file with the Executive Director, an original Application for Permission to Practise Law in New Brunswick (Form 18) on a Temporary Basis. In addition to the application, the following documents must be forwarded to the Executive Director:
- Original Certificate(s) of Standing (dated within the last 30 days) from each Law Society of which you are or have been a member, inside and outside of Canada.
- Proof of professional liability insurance that is reasonably comparable in coverage and amounts to that required of members in New Brunswick and which extends to the visiting lawyer’s practice in New Brunwick.
- Proof of defalcation coverage that extends to the visiting lawyers practice in New Brunswick
- Additional pertinent documents to comply with specific application requirements
The permit fee charged is the same fee charged by your law society to members of the Law Society of New Brunswick who require a permit to practise in your home jurisdiction. Please contact the Law Society of New Brunswick directly to find out the applicable fee.
Do not hesitate to contact Senior Legal Counsel for more information.