Mobility to and from Quebec is currently subject to the Quebec Mobility Agreement and the addendum to the Quebec Mobility Agreement. These agreements allow common law lawyers who wish to practice in Quebec and Quebec lawyers and notaries who wish to practice in one of the common law legal orders to acquire limited exercise rights. Canadian legal advisors are able to practice federal law, the law of their national jurisdiction and international law. 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 By-Law 4 regulates permanent mobility or transfer to the Ontario Bar. If you have the right to practice in a Canadian province or territory outside of Ontario law, and if the legal society in a province or territory where you are authorized to practice the law, if you have signed the National Mobility Agreement or the Territorial Mobility Agreement and implemented the provisions, Section 9, paragraph 2, by-Law 4 may be applicable to you. In November 2006, the three territorial law firms (Northwestern Territories of Nunavut and Yukon) and all signatories to the National Mobility Agreement signed the Territorial Mobility Agreement. Under the agreement, the signatories agreed that companies under territorial law, as opposing governing bodies, would participate in national mobility with regard to permanent mobility (transfer of lawyers from one jurisdiction to another), without having to participate in the temporary mobility provisions. This plan can last up to five years. The TMA expires on 1 January 2012 and the signatories no longer have an obligation and no rights under the territorial mobility agreement. 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. Lawyers in Ontario who are trying to travel to other parts of the country should consult with the law society in the jurisdiction where they wish to exercise temporary or sustainable mobility. The requirements to which they will be subject will depend on whether the jurisdiction concerned is a signatory to the national mobility agreement and/or the Convention on Territorial Mobility and has implemented the provisions of these agreements (see below). Please note that in some jurisdictions there is no temporary mobility without authorization. For example, in order to practice law in Nunavut, a lawyer must either become a member of the Law Society of Nunavut or apply for a restricted-looking certificate allowing a lawyer to actively practice in Nunavut for at least three years of legal issues. In order to avoid unjustified legal practices in another jurisdiction, Ontario lawyers must ensure that they are familiar with the requirements of the jurisdiction in which they wish to exercise their law. The Territorial Mobility Agreement governs the sustainable mobility of the three northern jurisdictions, Yukon, the Northwest Territories and Nunavut. The 2013 Territorial Mobility Agreement, signed in April 2014, imports the provisions of the 2013 National Mobility Agreement.
The agreement, which will enter into force as soon as it is implemented by any legal society, will allow the transfer of lawyers between the territories and Quebec, whether they are trained in common canadian law or civil law. The national agreement on mobility is a reciprocal agreement. In other words, both a jurisdiction in which the lawyer is an authorized member/ability to exercise the law and the jurisdiction in which the lawyer wishes to exercise temporary or sustainable mobility must have signed and implemented the agreement.