Licensing Process Policies | Law Society of Ontario (2024)

Table of Contents

Part I: Definitions

Part II: General

• Purpose

Part III: Application for Registration in the Licensing Process

• Applying for Registration
• Education Requirements for Registration
• Deemed Abandonment
• Authorization to Submit an Application

Part IV: Registration in the Licensing Process

• Registration
• Withdrawal

Part V: Good Character Requirement

Part VI: Candidate Obligation to Keep Information Current

Part VII: Completion of the Licensing Process

• Components and Time Requirements

Part VIII: Experiential Training Program

• Completion
• Application for Exemption
• Candidate Provision of Legal Services without a Licence

Part IX: Articles

• Articles
• Professional Requirements and Obligations
• Employment Relationship
• Filing Requirements
• Part-Time
• National and International Articles
• Requirements for Principals
• Obligations of a Principal
• Removal of a Principal
• Assignment of Articles
• Abridgement Based on Compassionate Grounds
• Abridgement Based on Prior Legal Experience
• Termination
• Withdrawal of Articling Commitment

Part X: Law Practice Program

Part XI: Mandatory Minimum Compensation

Part XII: Licensing Examinations

• General
• Change Request
• Cancellation or Deferral
• Medical Absence
• Application for Fourth Attempt

Part XIII: Removal from the Licensing Process

• Removal
• Good Character
• Prohibited Conduct

Part XIV: Incapacity

Part XV: Withdrawal from the Licensing Process

• Procedure for Withdrawal
• Effect of Withdrawal on Examination Record

Part XVI: Candidate Employment under Supervision Agreement

Part XVII: Issuance of a Class L1 Licence

• Eligibility for Issuance of a Class L1 Licence
• Deferral of Issuance of a Class L1 Licence

Part XVIII: Accommodation

Part I: Definitions

1. 1.1. “Accommodation Policy” means the Society’s Accommodation Policy.
2. 1.2. “Accredited Law School” means a law school in Canada that is accredited by the Society.
3. 1.3. “Application” means the application by a person to the Society for a Class L1 Licence and includes the application to be registered in the Licensing Process.
4. 1.4. “Articles” means an articling placement that has been approved by the Society.
5. 1.5. “Articling Term” means a period of 8 to 10 consecutive months of Articles that may include up to 10 Business Days of Time Off, or such abridged or modified articling term as may be approved in accordance with this Policy.
6. 1.6. “Business Day”means any day except a Holiday.
7. 1.7. “Candidate” means a person registered by the Society into the Licensing Process.
8. 1.8. “Class L1 Licence” means a licence issued to a person by the Society entitling the person to practise law in Ontario as a barrister and solicitor.
9. 1.9. “Common Law Practice Experience” means practice experience involving the application of legal principles and practices to the resolution of issues while licensed to practise law as a member of the bar in a common law jurisdiction.
10. 1.10. “Date of Commencement of the Candidate’s Licensing Cycle” means May 1 of the year in which the Candidate submits an Application to the Society or May 1 of the following year as selected by the Candidate or stipulated by the Society when a Candidate is Registered in the Licensing Process.
11. 1.11. “Director, Licensing and Accreditation” means an employee of the Society assigned to perform the duties of the director of licensing and accreditation and includes a designate thereof approved by the Director.
12. 1.12. “Examination Sitting” means the time, date and location established by the Society for the writing of a Licensing Examination.
13. 1.13. “Executive Director, Professional Development and Competence” means an employee of the Society assigned by the Chief Executive Officer the responsibility of administering the Licensing Process and enforcing the Policyand includes a designate thereof approved by the Executive Director.
14. 1.14. “Experiential Training Program” means either Articles or the Law Practice Program.
15. 1.15. “Hearing Division” means the Law Society Tribunal Hearing Division under theLaw Society Act.
16. 1.16. “Holiday” means any Saturday or Sunday, New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day, Christmas Eve Day, Christmas Day, Boxing Day, New Year’s Eve Day and any special holiday proclaimed by the Governor General or the Lieutenant Governor.
17. 1.17. “Integrated Law Degree,” otherwise known as an Integrated Practice Curriculum or IPC program, means a Bachelor of Laws or a Juris Doctor degree from a law school that was, at the time that the person graduated from the law school, an Accredited Law School, and the conferral of which requires the successful completion of instruction and training in the practical skills and task competencies that the Society has determined are necessary for a Class L1 licence, and which instruction and training have been approved by the Society in advance of their delivery.
18. 1.18. “International Articles” means Articles served outside Canada where the Candidate is supervised by a lawyer in good standing who has been called to the bar in another jurisdiction or by a Principal who will not be providing the Candidate with an experience that substantially deals with laws and practices applicable to the practice of law in Canada.
19. 1.19. “Joint Articles” means Articles with two or more Principals served by the Candidate either concurrently or consecutively.
20. 1.20. “Law Practice Program” means the experiential legal training program consisting of a four-month training course and a four-month work placement delivered and administered by a provider approved by the Society in advance of its delivery.
21. 1.21. “Law Practice Program Provider” means the provider approved in advance by the Society to deliver and administer the Law Practice Program.
22. 1.22. “Legal Experience” means experience involving the application of legal principles and practices to the resolution of issues.
23. 1.23. “Licensee” means a person to whom a Class L1 Licence has been issued by the Society.
24. 1.24. “Licensing Cycle” or “Licensing Year” means the period from May 1 of one year to April 30 of the following year in which a Candidate is registered into the Licensing Process by the Society.
25. 1.25. “Licensing Examination Rules and Protocol” means the rules and protocol established by the Society from time to time to ensure that Licensing Examinations are conducted fairly and securely.
26. 1.26. “Licensing Examinations” means the Solicitor Licensing Examination and the Barrister Licensing Examination developed by the Society.
27. 1.27. “Licensing Process” means the process for completion by Candidates of all requirements in order to be eligible to be issued a Class L1 Licence, in accordance with theLaw Society Actand By-Law 4 pursuant to theLaw Society Act.
28. 1.28. “Licensing Term” means the period ending three years from the Date of Commencement of the Candidate’s Licensing Cycle.
29. 1.29. “National Articles” means Articles served within Canada where the Candidate is supervised by a lawyer in good standing who has been called to the bar in another Canadian jurisdiction or by a Principal who will not be providing the Candidate with an experience that substantially deals with laws and practices applicable to the practice of law in the Province of Ontario.
30. 1.30. “National Committee on Accreditation” or “NCA” means the committee appointed by the Federation of Law Societies of Canada and the Council of Canadian Law Deans to assess the legal education and professional experience of individuals who obtained their credentials outside of Canada or in a Canadian civil law program.
31. 1.31. “Oath” means the oath the taking of which is a requirement for the issuance of a Class L1 Licence.
32. 1.32. “Ontario Articles” means Articles served with a Principal who is providing the Candidate with an experience that substantially deals with laws and practices applicable to the practice of law in Ontario.
33. 1.33. “Part-Time Articles” means Articles served by a Candidate on a part-time basis for a continuous duration equivalent to a full-time Articling Term and approved by the Society.
34. 1.34. “Policy” means these Licensing Process Policies.
35. 1.35. “Prescribed Fee” means the fee approved by the Society.
36. 1.36. “Prescribed Form” means the form approved by the Society.
37. 1.37. “Principal” means a Licensee who has been approved by the Society to supervise a Candidate during Articles or pursuant to an Extended Supervision Agreement.
38. 1.38. “Registration in the Licensing Process” or “Registered in the Licensing Process” means a person’s Application and all documents required under Parts III and IV have been submitted to the Society and the Society has determined that the person is eligible to enter the Licensing Process and to write the Licensing Examinations and commence an Experiential Training Program.
39. 1.39. “Request for the Issuance of a Class L1 Licence” means the request provided by the Candidate to the Society for the issuance of a Class L1 Licence and call to the bar after completing the Licensing Process.
40. 1.40. “Society” means the Law Society of Ontario.
41. 1.41. “Study Days” means Business Days free of articling placement duties, for each of a Candidate’s first attempts at writing the Solicitor Licensing Examination and the Barrister Licensing Examination, up to a total of seven Business Days as requested by the Candidate.
42. 1.42. “Supervising Lawyer” means a Licensee approved by the Society to supervise a Candidate in the delivery of legal services where the Candidate has completed the Experiential Training Program.
43. 1.43. “Time Off” means any Business Day on which a Candidate does not perform articling placement duties, and includes Study Days, vacation days, sick days and personal days.
44. 1.44. “Tribunal” means the Law Society Tribunal established under Part II of theLaw Society Act.
45. 1.45. “Work Placement Supervisor” means a Licensee who is approved by the Law Practice Program Provider to supervise a Candidate in the delivery of legal services during the work placement component of the Law Practice Program.
46. 1.46. “Workday” means a day that is equal to a minimum of seven working hours.

Part II: General

Purpose

1. 2.1. This Policy describes the rules and procedures for completion of the Licensing Process and should be read in tandem with theLaw Society Actand by-laws made pursuant to theLaw Society Act. If there is a conflict between the Policy and the provisions of theLaw Society Actand/or by-laws made pursuant to theLaw Society Act, the provisions of theLaw Society Actand by-laws prevail.

Part III: Application for Registration in the Licensing Process

Applying for Registration

1. 3.1. A person who wishes to be Registered in the Licensing Process as a Candidate must:
   1. complete and submit to the Society an Application in the Prescribed Form;
   2. pay to the Society a non-refundable Prescribed Fee for the Application; and
   3. provide to the Society at the time(s) specified by the Society:
      1. proof of education in the form required by the Society;
      2. one colour passport size photograph of the person taken within the twelve-month period preceding the date of the Application;
      3. proof of the person’s legal name in the form required by the Society; and
      4. any other document required by the Society.

Education Requirements for Registration

1. 3.2. A person may be Registered in the Licensing Process as a Candidate if the person:
   1. has obtained a Bachelor of Laws degree or a Juris Doctor degree from a law school that was, at the time the person graduated from the law school, an Accredited Law School or has received a certificate of qualification issued by the National Committee on Accreditation (NCA) and the law school or NCA has submitted a transcript of final marks or certificate of qualification to the Society on their behalf; or
   2. in limited circ*mstances when deemed necessary by the Society and for a limited period of time, has completed all of the requirements to obtain a Bachelor of Laws or Juris Doctor degree from a law school that is an Accredited Law School or a certificate of qualification issued by the NCA and is awaiting receipt of the transcript of final marks or the issuance of the certificate of qualification by the NCA, and provides proof of same to the Society.

Deemed Abandonment

1. 3.3. A person’s or Candidate’s Application will be deemed to have been abandoned where the person or Candidate has:
   1. failed by the time specified by the Society to provide all documents and information relating to the requirement that the person be of good character as required under section 5.3; or
   2. attempted the Barrister Licensing Examination or the Solicitor Licensing Examination three times or, if entitled under the Policy, four times, and has failed to pass that Licensing Examination.
2. 3.4. A person or Candidate’s Application will be deemed to have been abandoned as of the date of the notice from the Society advising them that they have been withdrawn from the Licensing Process.

Authorization to Submit an Application

1. 3.5. A person or Candidate whose Application has been abandoned may only submit another Application if authorized by the Director, Licensing and Accreditation.
2. 3.6. A person who wishes to request the authorization of the Director, Licensing and Accreditation to submit another Application pursuant to section 3.5 must provide a request to the Society.
3. 3.7. The Director, Licensing and Accreditation will authorize a person’s request to submit another Application if:
   1. the person demonstrates to the satisfaction of the Director, Licensing and Accreditation that there has been a material change in circ*mstances that would affect or could be expected to affect the Candidate’s ability to successfully complete the Licensing Process; and
   2. one year has passed after the date on which the person’s previous Application was deemed to have been abandoned.

Part IV: Registration in the Licensing Process

Registration

1. 4.1. The Society may Register in the Licensing Process as a Candidate a person who has complied with Parts III and IV of the Policy.
2. 4.2. A Candidate who has been Registered in the Licensing Process pursuant to section 3.2(b) must provide to the Society by the time specified by the Society:
   1. an official transcript issued by a law school that is, at the time that the Candidate graduates from the law school, an Accredited Law School indicating that the Candidate has obtained a Bachelor of Laws or a Juris Doctor degree; or
   2. a certificate of qualification issued by the NCA.

Withdrawal

1. 4.3. A Candidate who has been Registered in the Licensing Process pursuant to section 3.2(b) and becomes aware that the Candidate has not met the requirements for obtaining a Bachelor of Laws or Juris Doctor degree from a law school that is at the time that the Candidate graduates from the law school an Accredited Law School or a certificate of qualification issued by the NCA and cannot comply with section 4.2 must immediately notify the Society in writing that the Candidate has not met the requirements and withdraw from the Licensing Process in accordance with Part XV of the Policy.
2. 4.4. The Society may remove from the Licensing Process a Candidate who has failed to comply with section 4.2 or who cannot obtain a Bachelor of Laws or Juris Doctor degree from a law school that is at the time that the Candidate graduates from the law school an Accredited Law School or a certificate of qualification issued by the NCA by the time specified by the Society.
3. 4.5. If a Candidate who has commenced the Articling Program withdraws or is removed from the Licensing Process for any reason, the Society may notify the Candidate’s Principal that the Candidate has ceased to be a Candidate in the Licensing Process.
4. 4.6. If a Candidate who has commenced the Law Practice Program withdraws or is removed from the Licensing Process for any reason, the Society may notify the Law Practice Program Provider that the Candidate has ceased to be a Candidate in the Licensing Process.

Part V: Good Character Requirement

1. 5.1. An applicant for a Class L1 Licence shall be of good character.
2. 5.2. In order to determine whether a Candidate is of good character, the Society may require the person to provide information and/or supporting documentation. This information and supporting documentation may include but is not limited to information and documentation with respect to whether the person:
   1. has been found guilty of, or convicted of, any offence under any statute;
   2. is the subject of criminal proceedings;
   3. has had judgment rendered against them in an action involving fraud;
   4. has any outstanding civil judgments against them;
   5. has ever disobeyed any order of any court requiring the person to do any act or to abstain from doing any act;
   6. has been discharged from any employment where the employer has alleged that there was cause;
   7. has been suspended, disqualified, censured or otherwise disciplined as a member of any professional organization;
   8. has surrendered a licence or permit or withdrawn from a licensing or permit process as a result of allegations made against them;
   9. has been denied a licence or permit or had any licence or permit revoked for failure to meet good character requirements;
   10. has been refused admission as an applicant or member of any professional body;
   11. has had allegations of misconduct made against them while attending a post-secondary institution, credentialing program or professional course of study or has been suspended, expelled or penalized for misconduct by a post-secondary institution, credentialing program, or professional course of study;
   12. is subject to a petition or assignment in bankruptcy or a proposal to creditors under theBankruptcy and Insolvency Act(Canada) or has been bankrupt or insolvent under any statute;
   13. has been or is now subject of an insurance claim alleging fraud or dishonesty under a policy for professional liability insurance;
   14. has been a respondent in proceedings in relation to a violation of any human rights or similar legislation;
   15. has been disciplined by an employer or been a respondent in proceedings in relation to a violation of any human rights legislation; or
   16. has been sanctioned or had a penalty imposed upon them by a court, an administrative tribunal or a regulatory body.
3. 5.3. A person must provide to the Society:
   1. at the time that the person submits their Application, all documents and information specified by the Society relating to the requirement that the person be of good character; and
   2. by the time specified by the Society, all additional documents and information specified by the Society relating to the requirement that the person be of good character.
4. 5.4. A person who fails to comply with section 5.3 is deemed to have abandoned their Application, and in such circ*mstances the person’s Registration in the Licensing Process is cancelled.

Part VI: Candidate Obligation to Keep Information Current

1. 6.1. Upon Registration in the Licensing Process, a Candidate must ensure that all information contained in the Application is kept current and accurate throughout the Candidate’s Licensing Term.
2. 6.2. A Candidate must notify the Society in writing forthwith of any change in the information and/or responses contained in the Application and must provide to the Society any information or supporting documentation required by the Society as a result of the change(s).
3. 6.3. A Candidate or person applying to be Registered in the Licensing Process must immediately notify the Society in writing of any fact or circ*mstance or change in fact or circ*mstances that could affect the person’s or Candidate’s good character status.
4. 6.4 A Candidate who holds a P1 Licence and has applied to the Lawyer Licensing Process must notify the Society in writing if their P1 Licence is suspended by the Society for any reason during their Lawyer Licensing Term.

Part VII: Completion of the Licensing Process

Components and Time Requirements

1. 7.1. The Licensing Process includes:
   1. Licensing Examinations; and
   2. the Experiential Training Program.
2. 7.2. In order to complete the Licensing Process, a Candidate must:
   1. pass the Licensing Examinations during the Candidate’s current Licensing Term;
   2. complete the Experiential Training Program during the Candidate’s current Licensing Term or such later date as may be established by the Director, Licensing and Accreditation pursuant to section 7.5 unless the Candidate is not required to complete that program pursuant to section 7.3; and
   3. comply with the Policy.
3. 7.3. A Candidate is not required to complete the Experiential Training Program if:
   1. the Candidate is authorized to practise law in a province or territory of Canada outside Ontario;
   2. the Candidate has been granted an exemption from the requirement to complete the Experiential Training Program pursuant to the Policy; or
   3. the Candidate has an Integrated Law Degree.
4. 7.4. A Candidate must complete the Licensing Process during the Candidate’s current Licensing Term or such later date as may be established by the Director, Licensing and Accreditation pursuant to section 7.5.
5. 7.5. A Candidate may complete the Experiential Training Program after the Candidate’s current Licensing Term, provided that the Candidate fulfills such additional education requirements and obtains such additional experience as the Director, Licensing and Accreditation determines are necessary to ensure that the Candidate has met the requirements and competencies for entry to the profession.

Part VIII: Experiential Training Program

Completion

1. 8.1. In order to complete the Experiential Training Program a Candidate must:
   1. complete the Prescribed Form and provide to the Society information in accordance with the Policy;
   2. pay all Prescribed Fees required pursuant to the Policy;
   3. if the Candidate holds a P1 Licence, remain entitled to provide legal services using their P1 Licence while in the Lawyer Licensing Process; and
   4. complete Articles or the Law Practice Program in accordance with the Policy.
2. 8.2. A person must be Registered in the Licensing Process to commence the Experiential Training Program.

Application for Exemption

1. 8.3. A Candidate may request an exemption from the requirement to complete the Experiential Training Program if the Candidate:
   1. has been licensed to practise law in a common law jurisdiction, and (i) is currently in good standing in that jurisdiction or (ii) has chosen not to maintain their licence to practise law in that jurisdiction for reasons other than any disciplinary action; and
   2. has had at least 10 months of Common Law Practice Experience in that jurisdiction that addresses the experiential training competencies and requirements for Candidates established by the Society.
2. 8.4. A Candidate who wishes to request an exemption from the requirement to complete the Experiential Training Program must provide to the Society:
   1. information in the Prescribed Form;
   2. a Prescribed Fee;
   3. a certificate of standing from the governing body of the legal profession of that common law jurisdiction sent directly from that governing body to the Society; and
   4. a reference in the Prescribed Form from one or more eligible referees to the Society.
3. 8.5. An eligible referee is a lawyer or judge who has direct knowledge of the nature of the Candidate’s Common Law Practice Experience in relation to the criteria set out in the Prescribed Form.
4. 8.6. The Society may approve an exemption from the requirement to complete the Experiential Training Program.
5. 8.7. In evaluating a Candidate’s request for an exemption from the requirement to complete the Experiential Training Program, the Society will consider:
   1. the length, recency, nature, scope and diversity of the Candidate’s Common Law Practice Experience; and
   2. the relevance of the Common Law Practice Experience to the experiential training competencies and requirements for Candidates established by the Society.
6. 8.8. The Society will notify the Candidate in writing of the decision regarding the exemption from the requirement to complete the Experiential Training Program.
7. 8.9. A Candidate may appeal the decision in writing to the Director, Licensing and Accreditation, whose decision will be final.
8. 8.10. A Candidate who wishes to appeal the decision of the Society must send the Society a request to appeal in writing within 30 Business Days after the date on which the Society notifies the Candidate of the decision.
9. 8.11. For the purposes of section 8.10, the Society will be deemed to have notified the Candidate on the date that the Society sends notification of the decision to the Candidate.

Candidate Provision of Legal Services without a Licence

1. 8.12. A Candidate may only provide, without a licence, legal services in Ontario under the direct supervision of a Principal, Work Placement Supervisor, or Supervising Lawyer.
2. 8.13. A Principal or Work Placement Supervisor must not directly supervise more than two Candidates who are completing the Experiential Training Program or working under a Supervision or Extended Supervision Agreement at any time unless authorized in writing by the Society.
3. 8.14. Where a Candidate holds a P1 Licence, the Candidate may not provide legal services in Ontario pursuant to Articles, the Law Practice Program, a Supervision Agreement or an Extended Supervision Agreement unless the Candidate remains entitled to provide legal services in Ontario using their P1 licence.

Part IX: Articles

Articles

1. 9.1. Articles consist of:
   1. Ontario Articles;
   2. Joint Articles;
   3. Part-Time Articles;
   4. National Articles; or
   5. International Articles.

Professional Requirements and Obligations

1. 9.2. A Candidate and Principal engaged in Articles are at all times subject to all requirements and obligations set out in this Policy, theLaw Society Act, the Society’s By-Laws, and theRules of Professional Conduct.

Employment Relationship

1. 9.3. The Society is not a party to the employment relationship created by Articles. The employment relationship is between the Candidate and the Candidate’s employer.

Filing Requirements

1. 9.4. A Candidate who wishes to complete Articles must provide to the Society at the time and in the manner specified by the Society:
   1. an application for approval of Articles in the Prescribed Form and the Prescribed Fee for the application if the Candidate wishes to complete National Articles or International Articles;
   2. an Articling Placement Record in the Prescribed Form unless the Candidate’s request is to complete National Articles or International Articles; and
   3. any other document required by the Society.

Part-Time

1. 9.5. The Society will approve a Candidate’s request to complete Part-Time Articles where the Candidate requires accommodation due to their individual circ*mstances or needs.
2. 9.6. The articling term for Part-Time Articles will be the equivalent of a full-time Articling Term. A Candidate will only receive credit for a maximum of one Workday per day.

National and International Articles

1. 9.7. The Society may approve a Candidate’s request to complete National or International Articles with or without terms or deny the request.
2. 9.8. When making a decision to approve or deny the request for National Articles or International Articles, the Society will consider:
   1. the length, nature, scope and diversity of the proposed Legal Experience;
   2. the relevance of the proposed Legal Experience to the Society’s experiential training competencies and requirements; and
   3. where the lawyer who is proposed as the supervisor of the National Articles or International Articles is not a Principal, whether that lawyer would be appropriately qualified so as to qualify as a Principal.
3. 9.9. A Candidate may appeal the decision of the Society to the Director, Licensing and Accreditation, whose decision is final.
4. 9.10. A Candidate who wishes to appeal the decision of the Society must submit to the Society a request to appeal in writing, outlining the facts and reasons of their appeal,together with the Prescribed Fee, within 15 Business Days of the Society notifying the Candidate of the decision.
5. 9.11. For the purposes of section 9.10, the Society will be deemed to have notified the Candidate on the date that the notification of the decision is sent to the Candidate.

Requirements for Principals

1. 9.12. A Licensee must be approved by the Director, Licensing and Accreditation in order to be a Principal.
2. 9.13. A Licensee who wishes to be approved as a Principal must submit to the Society prior to the commencement of the Candidate’s Articles an application in the Prescribed Form together with supporting documentation.
3. 9.14. The Director, Licensing and Accreditation will approve a Licensee as a Principal where the Licensee:
   1. has been actively engaged in the practice of law for three of the five years immediately preceding the commencement of the Articling Term;
   2. is an exemplar having regard to all circ*mstances, including but not limited to the experience, competence, ethical standards and professional conduct record of the Licensee; and
   3. is not currently the subject of any of the following:
      1. a suspension of the Licensee’s licence;
      2. an open disciplinary proceeding being conducted by the Society, or ensuing court proceedings related thereto;
      3. an open investigation being conducted by the Society; or
      4. an open complaint to the Society containing allegations of harassment or discrimination.
4. 9.15. When making a decision to approve or not to approve a Licensee as a Principal, the Director, Licensing and Accreditation may:
   1. consider all relevant information available to the Society, including information about the Licensee as a result of an audit of the financial records of the Licensee, an investigation of the Licensee’s conduct or capacity, a review of the Licensee’s practice or a proceeding in respect of the Licensee’s conduct, capacity or professional competence; and
   2. request further information from the Licensee to assess their suitability to serve as aPrincipal.
5. 9.16. The decision of the Director, Licensing and Accreditation to approve or not to approve a Licensee as a Principal is final.

Obligations of a Principal

1. 9.17. A Principal must:
   1. directly supervise no more than two Candidates at any one time unless otherwise authorized by the Society;
   2. verify the Articling Placement Record in the Prescribed Form and report to the Society if there are any inaccuracies;
   3. prepare and maintain, at the time and in the manner specified by the Society, an experiential training plan;
   4. instruct the Candidate in the practice and profession of law to the best of the Principal’s ability;
   5. provide an articling experience that conforms to the experiential training competencies and requirements for Candidates prescribed by the Society;
   6. provide to the Candidate the Principal’s assessment of the Candidate’s exposure to the experiential training competencies established by the Society and, if the Principal determines that the Candidate did not have sufficient exposure to or performance in the experiential training competencies established by the Society, the Principal’s appraisal of the Candidate’s performance in writing to the Society;
   7. complete and provide the Society with documents in accordance with the Policy;
   8. be an exemplar having regard to all circ*mstances including but not limited to the experience, competence, ethical standards and professional conduct record of the Licensee;
   9. provide the Candidate with up to seven Study Days, as requested by the Candidate, for each of the Candidate’s first attempts at writing the Barrister Licensing Examination or the Solicitor Licensing Examination if those first attempts take place during the Articling Term;
   10. disclose to the Society any changes in the Principal’s disciplinary record from the date that the Licensee is approved as a Principal to the earlier of the date that the Candidate’s Articles are terminated or completed; and
   11. comply with the Policy.
2. 9.18. Where a Principal’s licence becomes suspended by the Society, and the Candidate’s Articling Term includes any or all of the period of the suspension, the Principal must, before the suspension begins:
   1. notify the Candidate of the suspension order and that the Principal will not be able to retain the Candidate after the suspension begins;
   2. arrange for another Licensee, who is approved by the Society as a Principal, to accept the Candidate after the suspension begins; and
   3. instruct the Candidate to submit end of placement information in the Prescribed Form such that the articling placement will end on a date that is on or before the date on which the suspension begins.

Removal of a Principal

1. 9.19. The Director, Licensing and Accreditation may remove a Licensee as a Principal, or impose such other conditions or requirements as are appropriate to the circ*mstances, where:
   1. the Licensee fails to comply with their obligations contained in the Policy; or
   2. the Licensee becomes the subject of any of the following:
      1. an open investigation being conducted by the Society;
      2. an open complaint to the Society containing allegations of harassment or discrimination.
2. 9.20. The decision of the Director, Licensing and Accreditation to remove a Licensee as a Principal is final.

Assignment of Articles

1. 9.21. Where a Candidate temporarily assigns their articling placement to another Principal for a period of up to a maximum of three months, provided that the articling placement ends with the initial Principal, the initial Principal is responsible for managing the assignment.
2. 9.22. Where a Candidate temporarily assigns their articling placement to another Principal for more than three months or the articling placement will not end with the initial Principal, the Candidate must submit end of placement information to the Society in the Prescribed Form. A Candidate may then commence a new Articling Term with another Principal by submitting a new Articling Placement Record in the Prescribed Form.

Abridgement Based on Compassionate Grounds

1. 9.23. A Principal may agree to a reduction of the Articling Term (abridgement) on compassionate grounds for a period of up to six weeks.
2. 9.24. Compassionate grounds may include family responsibilities, prolonged illness or accidents or any other ground deemed compassionate by the Principal that aligns with the Society’s guidance on compassionate abridgements.

Abridgement Based on Prior Legal Experience

1. 9.25. A Candidate may request an abridgement of the Articling Term based on prior Legal Experience where the Candidate has been licensed to practise law in another province, territory or foreign jurisdiction and has practised as a lawyer in another jurisdiction or has had other Legal Experience.
2. 9.26. A Candidate who wishes to request an abridgement of the Articling Term based on prior Legal Experience must provide to the Society:
   1. an application in the Prescribed Form;
   2. a Prescribed Fee;
   3. where the Candidate has been licensed to practise law in another jurisdiction, a certificate of standing from the governing body of the legal profession of that jurisdiction sent directly from that governing body to the Society; and
   4. a reference in the Prescribed Form from one or more eligible referees sent directly by each referee to the Society, as required by the Society.
3. 9.27. An eligible referee is a lawyer or judge who has direct knowledge of the nature of the Candidate’s Legal Experience in relation to the criteria set out in the Prescribed Form.
4. 9.28. The Society may approve an abridgement based on prior Legal Experience.
5. 9.29. In evaluating the Candidate’s request for an abridgement based on prior Legal Experience, the Society will consider:
   1. the length, recency, nature, scope and diversity of the Candidate’s Legal Experience; and
   2. the relevance of the Legal Experience to the experiential training competencies and requirements for Candidates established by the Society.
6. 9.30. When evaluating a request for abridgement based on prior Legal Experience, the Society will not consider experience obtained by the Candidate before completing a program to obtain a Bachelor of Laws or a Juris Doctor degree from a law school or while enrolled in a program of a law school, including full-time, part-time or summer experience in a law firm or legal organization, and clinical education experience.
7. 9.31. Where a Candidate who requests an abridgement of the Articling Term based on prior Legal Experience has been licensed to practise law in another jurisdiction, the Candidate must be currently in good standing in that jurisdiction or must have chosen not to maintain their licence to practise law in that jurisdiction for reasons other than any disciplinary action.
8. 9.32. The Society will notify the Candidate of the decision regarding the abridgement of the Articling Term.
9. 9.33. A Candidate may appeal the decision of the Society in writing to the Director, Licensing and Accreditation, whose decision will be final.
10. 9.34. A Candidate who wishes to appeal the decision of the Society must submit to the Society a request to appeal in writing andaccompanied by the Prescribed Fee within 30 Business Days after the date on which the Society notifies the Candidate of the decision.
11. 9.35. For the purposes of section 9.34, the Society will be deemed to have notified the Candidate on the date that the Society sends notification of the decision to the Candidate.

Termination

1. 9.36. Articles may be terminated prior to the anticipated end of the Articling Term by either the Candidate or the Principal, or by mutual agreement.
2. 9.37. Where a Candidate ends an articling placement early, the Candidate must submit end of placement information to the Society in the Prescribed Form.
3. 9.38. Where Articles are terminated, the onus is on the Candidate to find another articling placement in order to complete the Articling Term.
4. 9.39. Where Articles are terminated, both the Candidate and the Principal must provide to the Society, within 10 Business Days of the termination of Articles, written notice that includes the effective date of the termination, and the Candidate must provide to the Society, within 10 Business Days of the termination of Articles, end of placement information in the Prescribed Form.
5. 9.40. Where the Candidate transfers to another articling placement immediately upon the termination of the Articles, the Candidate must complete and provide to the Society a new Articling Placement Record within 10 Business Days of commencement of the new articling placement.

Withdrawal of Articling Commitment

1. 9.41. Where a Principal commits to provide Articles to a Candidate and is subsequently unable to fulfill that commitment due to a change in the Principal’s practice or personal circ*mstances, membership status or other related factors, the Principal should take all reasonable steps to ensure that an appropriate alternative articling placement is found for the Candidate, including but not limited to:
   1. assisting the Candidate in obtaining interviews with other law firms; and
   2. providing the Candidate with a letter that clearly states that the Candidate is without an articling placement through no fault of the Candidate.

Part X: Law Practice Program

1. 10.1. A Candidate who wishes to complete the Law Practice Program must register with the Society at the time and in the manner stipulated by the Society.
2. 10.2. Provided the Candidate has complied with the Policy, the Society must notify the Law Practice Program Provider of the Candidate’s request and the Law Practice Program Provider must enrol the Candidate into the Law Practice Program.
3. 10.3. A Candidate who is enrolled in the Law Practice Program must follow all of the rules and procedures applicable to the Candidate established by the Law Practice Program Provider.
4. 10.4. Notwithstanding Part XVIII, if a Candidate enrolled in the Law Practice Program requires an accommodation in the Law Practice Program, the Candidate must be accommodated by the Law Practice Program Provider in accordance with the policies for accommodation of the Law Practice Program Provider and all applicable laws.
5. 10.5. Notwithstanding Part XVIII, a Candidate who is enrolled in the Law Practice Program and requires accommodation in the Law Practice Program must follow the rules and procedures for requesting accommodation as set out in the policies of the Law Practice Program Provider.
6. 10.6. A Candidate has completed the Law Practice Program when the Candidate has completed all of the components of that program to the satisfaction of the Law Practice Program Provider and the Society has received confirmation from the Law Practice Program Provider that the Candidate has completed the program to its satisfaction.

Part XI: Mandatory Minimum Compensation

1. 11.1. Principals of Ontario Articles (including Joint Articles and Part-Time Articles that are Ontario Articles) must comply with the Mandatory Minimum Compensation Policy.
2. 11.2. Work Placement Supervisors must comply with the Mandatory Minimum Compensation Policy.
3. 11.3. Candidates are not permitted to commence an Experiential Training Program unless the established minimum compensation requirement set out in the Mandatory Minimum Compensation Policy is met or the Society has granted an exemption.
4. 11.4. Where the Society determines that a Principal or Work Placement Supervisor has breached the Mandatory Minimum Compensation Policy, the Society may take any one or more of the actions outlined in the Mandatory Minimum Compensation Policy.

Part XII: Licensing Examinations

General

1. 12.1. A person must be Registered into the Licensing Process as a Candidate in order to write a Licensing Examination.
2. 12.2. The Licensing Examinations and each Examination Sitting will be conducted in accordance with the Licensing Examination Rules and Protocol.
3. 12.3. A Candidate must comply with the Licensing Examination Rules and Protocol.
4. 12.4. A Candidate who fails to comply with the Licensing Examination Rules and Protocol may be disciplined and removed from the Licensing Process pursuant to Part XIII of the Policy.
5. 12.5. A Candidate must write a Licensing Examination at an Examination Sitting.
6. 12.6. A Candidate will retain credit for standings of pass achieved by the Candidate for the Barrister Licensing Examination and/or the Solicitor Licensing Examination for the duration of the Candidate’s Licensing Term.
7. 12.7. Subject to section 12.8, a Candidate who fails a Licensing Examination may write the Licensing Examination another time or other times, provided that the Candidate completes the Licensing Process during the Candidate’s Licensing Term.
8. 12.8. A Candidate may not write the Barrister Licensing Examination or Solicitor Licensing Examination more than three times each during the Candidate’s Licensing Term, or, if authorized by the Director, Licensing and Accreditation pursuant to section 12.14, no more than four times.
9. 12.9. A Candidate who wishes to complete a Licensing Examination must register for that Examination Sitting and pay the Prescribed Fee in accordance with the information the Society has posted applicable to the specific Licensing Examination.

Change Request

1. 12.10. Where a Candidate who has registered for a particular Examination Sitting wishes to change the location of the writing of the Licensing Examination or the language of choice for the writing of the Licensing Examination, the Candidate must provide a request in the Prescribed Form to the Society prior to the posted deadline and the Society may approve the request.

Cancellation or Deferral

1. 12.11. Subject to sections 7.4 and 12.8 of the Policy, a Candidate who has registered for a particular Examination Sitting may cancel their registration before the deadline and receive a refund or credit for the Prescribed Fee. After the deadline, the Candidate must provide a request to defer to the Society, and the Society will review the request and may grant a credit for the Prescribed Fee to be applied to a later Examination Sitting.
2. 12.12. Subject to section 12.13 of the Policy, where a Candidate has registered for an Examination Sitting and does not attend that Examination Sitting and has not followed the procedure for deferral set out in section 12.11, the Candidate will not be entitled to any refund of the Prescribed Fee and will receive an “unexcused absence” for that Examination Sitting.

Medical Absence

1. 12.13. A Candidate who has registered for an Examination Sitting and does not attend that Examination Sitting due to medical reasons and wishes to request a refund or a deferral of the Prescribed Fee must provide to the Society a Request for Medical Absence for Examination in the Prescribed Form within 10 Business Days after the Examination Sitting.

Application for Fourth Attempt

1. 12.14. A Candidate who has failed the Barrister Licensing Examination or the Solicitor Licensing Examination three times during the Candidate’s Licensing Term may apply to the Director, Licensing and Accreditation for authorization to write that Licensing Examination a fourth time during the Candidate’s Licensing Term, if the Candidate is not otherwise ineligible to write that Licensing Examination pursuant to the Policy.
2. 12.15. A Candidate who wishes to request the authorization of the Director, Licensing and Accreditation to write a Licensing Examination a fourth time during the Candidate’s Licensing Term pursuant to section 12.14 must provide to the Society:
   1. a written requestby the time stipulated by the Society and no later than 60 days from when the Licensing Examination results are released to the Candidate; and
   2. all of the documents and information required by the Society relating to any requirement for writing the Licensing Examination by the time stipulated by the Society.
3. 12.16. The Director, Licensing and Accreditation will approve a Candidate’s request to write a Licensing Examination a fourth time during the Candidate’s Licensing Term if the Candidate establishes to the satisfaction of the Director, Licensing and Accreditation that there exist extraordinary circ*mstances that would affect or could be expected to affect the Candidate’s ability to successfully complete the Licensing Examination.
4. 12.17. A Candidate is deemed to have abandoned their Application if the Candidate has written either the Barrister Licensing Examination or the Solicitor Licensing Examination during the Candidate’s Licensing Term three times, or, if authorized by the Director, Licensing and Accreditation pursuant to section 12.14, four times, and failed to pass the Licensing Examination(s).

Part XIII: Removal from the Licensing Process

Removal

1. 13.1. The Society will remove a Candidate from the Licensing Process where:
   1. an order has been made pursuant to section 27 of theLaw Society Actrefusing the Candidate’s application for a Class L1 Licence;
   2. an order has been made pursuant to section 35 of theLaw Society Actremoving the Candidate from the Licensing Process;
   3. the Candidate fails to provide any document required to be provided pursuant to By-Law 4 made under theLaw Society Act;
   4. the Candidate cannot obtain a Bachelor of Laws degree or Juris Doctor degree from a law school that is at the time that the Candidate graduates from the law school an Accredited Law School or a certificate of qualification from the NCA by the time specified by the Society;
   5. the Candidate has not completed the required components of the Licensing Process during the Candidate’s Licensing Term or such later date as may be established by the Director, Licensing and Accreditation;
   6. the Candidate has failed to pass the Licensing Examinations during the Candidate’s Licensing Term; or
   7. the Candidate has made any false or misleading representation or declaration on or in connection with submission of their Application, by commission or omission, contrary to subsection 18(2) of By-Law 4.
2. 13.2. A Candidate who is removed or has withdrawn from the Licensing Process or who has deemed to have abandoned their Application will cease to be a Candidate in the Licensing Process.
3. 13.3. A Candidate who is removed from the Licensing Process will not retain credit for standings of pass achieved by the Candidate for the Licensing Examinations, but will retain credit for completion of the Experiential Training Program.
4. 13.4. Notwithstanding section 13.3, a Candidate who is removed from the Licensing Process for the reasons contained in subsections 13.1(c), 13.1(d), or 13.1(g) will not retain credit for completion of the Experiential Training Program.
5. 13.5. A Candidate who is removed from the Licensing Process for the reasons contained in 13.1(c) to (g) will be deemed to have abandoned their Application.

Good Character

1. 13.6. Subsection 27(2) of theLaw Society Actprovides that it is a requirement for the issuance of every licence under theLaw Society Actthat the applicant be of good character.
2. 13.7. If the Hearing Division on referral of the matter by the Society to the Tribunal determines that a Candidate is not of good character, the Hearing Division may make an order refusing the Candidate’s application for a Class L1 Licence.
3. 13.8. Where the Hearing Division makes an order refusing the Candidate’s application for a Class L1 Licence, the Society will remove the Candidate from the Licensing Process and the Candidate will cease to be a Candidate in the Licensing Process.
4. 13.9. Where a Candidate is removed from the Licensing Process pursuant to section 13.8, the Candidate may submit another Application at any time based on fresh evidence or a material change in circ*mstances.

Prohibited Conduct

1. 13.10. A Candidate shall not engage in Conduct Unbecoming a Candidate.
2. 13.11. “Conduct Unbecoming a Candidate” means conduct that tends to bring discredit upon the legal profession including, for example,
   1. committing a criminal act that reflects adversely on the Candidate’s honesty or trustworthiness or fitness to be a lawyer;
   2. engaging in conduct that reflects adversely upon the integrity of the legal profession and the administration of justice; and
   3. engaging in conduct involving dishonesty including but not limited to Licensing Dishonesty.
3. 13.12. “Licensing Dishonesty” means engaging in any form of dishonesty, fraud, cheating, misrepresentation or other misconduct related to any aspect of the Licensing Process where the Candidate may obtain academic credit or other Licensing Process advantage of any kind, whether or not the Candidate has been sanctioned for the conduct, and includes but is not limited to any Prohibited Actions outlined in the Licensing Examination Rules and Protocol.
4. 13.13. Engaging in Conduct Unbecoming a Candidate or Licensing Dishonesty may lead to the:
   1. Candidate’s status in the Licensing Process being put into abeyance while the Society determines appropriate action in accordance with the Society’s public protection mandate;
   2. preparation of a written report on the conduct of the Candidate and its provision to the Society’s Professional Regulation department for investigation;
   3. pursuit by the Society of any legal remedies available to it, including, where it is available, an application to the Tribunal for a determination by the Hearing Division of whether the Candidate has contravened section 33 of theLaw Society Act; and
   4. in the case of Licensing Dishonesty, consequences outlined in the Licensing Examination Rules and Protocol.

Part XIV: Incapacity

1. 14.1. A Candidate is incapacitated if, by reason of physical or mental illness, other infirmity or addiction to or excessive use of alcohol or drugs, he or she is incapable of serving under Articles or participating in the Law Practice Program.
2. 14.2. If there is information suggesting that a Candidate may be incapacitated, the Society may pursue any legal remedies available to it, including, where it is available, conducting an investigation into a Candidate’s capacity and applying to the Tribunal for a determination by the Hearing Division of whether the Candidate is or has been incapacitated.

Part XV: Withdrawal from the Licensing Process

Procedure for Withdrawal

1. 15.1. A Candidate who wishes to withdraw from the Licensing Process must provide to the Society:
   1. a request to withdraw in the Prescribed Form; and
   2. all outstanding fees;

and the Society may approve the request to withdraw.

Effect of Withdrawal on Examination Record

1. 15.2. A Candidate whose request to withdraw from the Licensing Process is approved by the Society will retain credit for completion of the Experiential Training Program, and will retain credit, for the remaining duration of the Candidate’s Licensing Term, for standings of pass achieved by the Candidate for the Licensing Examinations.
2. 15.3. Notwithstanding section 15.2, if the Society has grounds, pursuant to section 13.1, to remove a Candidate who requests to withdraw from the Licensing Process, the Candidate will not retain credit for standings of pass achieved by the Candidate for the Barrister Licensing Examination and/or the Solicitor Licensing Examination prior to ceasing to be a Candidate in the Licensing Process.
3. 15.4. Notwithstanding section 15.2, where a Candidate completed an Experiential Training Program or received an exemption from the requirement to complete an Experiential Training Program more than three years prior to the anticipated date of licensure, the Director, Licensing and Accreditation may require the Candidate to fulfill additional education requirements or obtain additional experience prior to licensure to ensure that the Candidate meets the requirements for entry-level competence.

Part XVI: Candidate Employment under Supervision Agreement

1. 16.1. A Candidate who has completed or is exempt from the Experiential Training Program, does not have any good character investigation or proceeding, and wishes to provide legal services in Ontario prior to being issued a Class L1 Licence may do so by entering into a Supervision Agreement in the Prescribed Form for up to 6 months.
2. 16.2 After providing legal services under a Supervision Agreement that complies with the requirements of section 16.1 for 6 months, a Candidate who continues to meet these requirements and wishes to continue to provide legal services may apply to the Society for an Extended Supervision Agreement in the Prescribed Form for a further period of no longer than 6 months.
3. 16.3. The total combined period of any Supervision Agreement(s) and Extended Supervision Agreement must not exceed 12 months.
4. 16.4. The Society will either approve the Candidate’s request for an Extended Supervision Agreement with or without terms or deny the request.
5. 16.5. The Society, when making a decision to approve or deny the Candidate’s request for an Extended Supervision Agreement, will consider the length of time that has transpired since the Date of Commencement of the Candidate’s Licensing Cycle, the length of time before the Candidate will be called to the bar and enrolled as a solicitor, the length of time that has transpired since the Candidate completed the Experiential Training Program, whether the proposed supervisor is approved as an Articling Principal, the number of times that the Candidate has written and/or deferred the writing of the Licensing Examinations.
6. 16.6. A Candidate may appeal the decision of the Society to the Director, Licensing and Accreditation, whose decision is final.
7. 16.7. A Candidate who wishes to appeal the decision of the Society must submit to the Society a request to appeal in writing within 15 Business Days of the Society notifying the Candidate of the decision.
8. 16.8. For the purposes of section 16.7, the Society will be deemed to have notified the Candidate on the date that the Society sends notification of the decision to the Candidate.
9. 16.9. A Supervising Lawyer must not supervise at any one time more than two Candidates, including both Candidates completing the Experiential Training Program or working under a Supervision or Extended Supervision Agreement, unless authorized in writing by the Society.
10. 16.10. A Supervising Lawyer under an Extended Supervision Agreement must be an approved Articling Principal.
11. 16.11. A Supervising Lawyer must agree to:
    1. supervise the Candidate in the delivery of legal services;
    2. ensure that all clients on whose behalf the Candidate provides legal services are the clients of the Supervising Lawyer;
    3. accept full responsibility for all legal services provided by the Candidate;
    4. prior to accepting a retainer in which the Candidate will be providing legal services to a client,advise clients of the arrangement between the Candidate and the Supervising Lawyer and the reason for the arrangement; and
    5. subject to the client’s direction, continue representing a client in the event that the Candidate does not receive a Class L1 Licence.

Part XVII: Issuance of a Class L1 Licence

Eligibility for Issuance of a Class L1 Licence

1. 17.1. A Candidate may be issued a Class L1 Licence if the Candidate:
   1. has provided a Request for the Issuance a Class L1 Licence in the Prescribed Form;
   2. has successfully completed the components of the Licensing Process that the Candidate is required to complete under this Policy;
   3. has paid all fees owing by the Candidate to the Society; and
   4. has provided to the Society all required documents in accordance with the Policy, the By-Laws and theLaw Society Act.
2. 17.2. If the requirements in section 17.1 are met, to be issued a Class L1 Licence, the Candidate must:
   1. appear in person before Convocation in the court apparel of a barrister andswear or affirm to the Oath at a special sitting of the Court of Appeal of Ontario and the Superior Court of Justice; or
   2. provide in the Prescribed Form to the Society an Affidavit for Taking the Oath for Call.
3. 17.3. A Candidate who has been issued a Class L1 Licence will cease to be a Candidate in the Licensing Process.

Deferral of Issuance of a Class L1 Licence

1. 17.4. A Candidate who wishes to defer issuance of a Class L1 Licence must provide to the Society a request to defer setting out the reasons for the request.
2. 17.5. The Society will approve or deny the Candidate’s request with or without terms and will notify the Candidate in writing of the decision.
3. 17.6. A Candidate may appeal the decision of the Society to the Director, Licensing and Accreditation, whose decision is final.
4. 17.7. A Candidate who wishes to appeal the decision of the Society must submit to the Society a request to appeal in writing within 15 Business Days of the Society notifying the Candidate of the decision.
5. 17.8. For the purposes of section 17.7, the Society will be deemed to have notified the Candidate on the date that the Society sends notification of the decision to the Candidate.

Part XVIII: Accommodation

1. 18.1. The Society is committed to ensuring that the requirements of the Licensing Process are directly and logically connected to the competent practice of law and further that persons who wish to practise law in Ontario are not effectively barred from qualifying because of a ground listed in theHuman Rights Code(Ontario) that is applicable to the Society’s Licensing Process.
2. 18.2. Notwithstanding any provision or requirement in the Policy, the Society will provide accommodation in the Licensing Process to Candidates in accordance with the Accommodation Policy.
3. 18.3. A Candidate who requires accommodation must follow the procedure for requesting accommodation contained in the Accommodation Policy.
4. 18.4. Where an accommodation cannot be made or where the Candidate considers the accommodation to be unsatisfactory, the Candidate may appeal the decision by following the procedure contained in the Accommodation Policy.