Transferring under the Territorial Mobility Agreemnent

Transferring under the Territorial Mobility Agreement

TAKE NOTICE: Materials refered to under ss 39.3(3) of the below are the authorities, statues and rules of Nunavut and constitute the required reading. Supplementary reading* material is also availabe. A statutory declaration stating that the reading had been done and the material understood is included in the application package for admission into the bar.

*Though not required for the purposes of transferring, we encourage applicants to acqaint themselves with the culture, geography, and history of Nunavut and its people using the supplemental reading material.

On November of 2006 the Law Society of Nunavut had signed on to the Territorial Mobility Agreement. Amendments to the Rules concering qualifications for regular membership have been made and ratified, specifically:

INTER-JURISDICTIONAL PRACTICE

Definitions
39.1 In rules 39.2 through 39.3, unless the context indicates otherwise,
"entitled to practise law" means allowed, under all of the legislation and regulation of a home jurisdiction, to engage in the practice of law in the home jurisdiction;

"governing body" means the Law Society or Barristers' Society in a Canadian common law jurisdiction, and the Barreau du Qu_c;

"lawyer" means a member of a governing body; "liability insurance" means compulsory professional liability errors and omissions insurance required by a governing body;

"reciprocating governing body" means a governing body that has
     (a) signed the Territorial Mobility Agreement, and
     (b) adopted regulatory provisions giving effect to the requirements of the Territorial Mobility Agreement;

"resident" has the meaning respecting a province or territory that it has with respect to Canada in the Income Tax Act (Canada);

"Territorial Mobility Agreement" means the 2006 Territorial Mobility Agreement of the Federation of Law Societies of Canada, as amended from time to time.

Application and interpretation
39.2 Rules 39.1 through 39.3 are intended to implement the provisions of the Territorial Mobility Agreement and cease to have effect on the expiry of that Agreement.

Transfer under Territorial Mobility Agreement
39.3 (1) This Rule applies to an applicant for transfer from another Canadian jurisdiction, provided that the applicant is entitled to practise law in the jurisdiction of a reciprocating governing body of which the applicant is a member.

        (2) An applicant under this Rule must fulfil all of the requirements in Rule 39 for call and admission on transfer from another Canadian jurisdiction, except that he or she need not pass any bar admission examination.

        (3) To qualify for call and admission, an applicant under this Rule must certify in a prescribed form that he or she has reviewed and understands all of the materials reasonably required by the Executive.

        (4) A lawyer called and admitted under this Rule has no greater rights as a member of the Society than
             (a) the lawyer has as a member of the governing body of his or her home jurisdiction, or
             (b) any other member of the Society in similar circumstances.