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FAQs

Here you will find frequently asked questions and answers about the Law Society of Ontario's Paralegal Licensing Process. Click on the headings below to reveal the questions and answers.
This Q&A was updated in October 2021.

Who needs a licence?
- What is the permitted scope of practice for paralegals?
  The regulatory scheme set out in the Law Society's By-Law 4 authorizes paralegals to represent persons in certain proceedings and to engage in specific activities related to such proceedings. Paralegals are responsible for ensuring they provide legal services only in relation to matters that fall within the permissible scope of practice as outlined in By-Law 4. Accordingly, paralegals should consult By-Law 4 when determining whether they are permitted to take on a client matter.
  
  Section 6 of By-Law 4 permits licensed paralegals to represent persons in a proceeding or intended proceeding:
  - in the Small Claims Court
  - in the Ontario Court of Justice under the Provincial Offences Act
  - in a summary conviction court under the Criminal Code (Canada)
    
    where as of September 18, 2019, an accused was permitted to appear or examine or cross-examine witnesses by agent (a list of these Criminal Code summary conviction offences is available online)
    
    in respect of an offence under ss. 320.13(1) (dangerous operation), 320.16(1) (failure to stop after accident), 320.17 (flight from peace officer), or 320.18(1) (operation while prohibited) of the Criminal Code (Canada)
  - before administrative tribunals established under an Act of the Legislature of Ontario or under an Act of Parliament
  - before a person dealing with a Statutory Accident Benefits Schedule (SABS) claim or a matter related to a SABS claim (excluding a claim of an individual who has or appears to have a catastrophic impairment within the meaning of the SABS), including mediation, evaluation, arbitration, or related proceedings under the Insurance Act
  A licensed paralegal is permitted to engage in the following activities on behalf of clients in relation to a proceeding or intended proceeding described above:
  - give legal advice concerning the client’s legal interests, rights or responsibilities with respect to the proceeding or the client matter that is the subject matter of the proceeding
  - select, draft, complete, or revise a document for use in the proceeding or a document that affects a client’s legal interests, rights, or responsibilities with respect to the proceeding or the client matter that is the subject of a proceeding, or assist another to do any of these things
  - negotiate a client’s legal interests, rights, or responsibilities that relate to the proceeding or the client matter that is the subject of the proceeding, or
  - anything mentioned in s. 1(7) of the Law Society Act, provided the activity is required by the rules of procedure governing the proceeding.
  Paralegals are prohibited from providing legal services to persons in relation to family law matters or legal services that only a lawyer may provide, including for example, drafting wills, handling real estate transactions, or advising on corporate matters.
- Who needs a licence?
  Anyone in Ontario who provides legal services requires a licence, unless they are exempted under the Law Society Act or section 30 of By-Law 4 .
- Can paralegals provide legal services related to immigration law?
  Bill C-35, an act to amend the Immigration and Refugee Protection Act came into force on June 30, 2011 and paralegals who are licensed by the Law Society are now eligible to provide certain legal services in the field of immigration law. Paralegals who are licensed by the Law Society can appear before the Immigration and Refugee Board (IRB) to represent a client or clients in an IRB hearing and can provide legal services to clients for matters relating to an IRB hearing (By-Law 4, s. 6(2)2(iv)). Drafting of documents or other legal services practices that are not related to an IRB hearing remain outside of a paralegal’s scope of practice.
- Can paralegals provide legal services related to the Youth Criminal Justice Act?
  No. The Youth Criminal Justice Act (YCJA) is the law that governs Canada's youth justice system. It came into force on April 1, 2003, completely replacing the previous Young Offenders Act (1984-2003). The YCJA provides the legislative framework for a fairer and more effective youth justice system. While the YCJA applies the Criminal Code (Canada) to youth criminal justice proceedings, the YCJA is a separate and distinct federal law governing the youth justice system. Criminal offences under the YCJA are heard before the Youth Justice Court.
  
  Paralegals who are licensed by the Law Society cannot represent youth in proceedings under the YCJA. Sections 6(1) and 6(2)2(iii) of By-Law 4 only permit paralegals to represent persons in respect of certain proceedings or intended proceedings before a summary conviction court under the Criminal Code (Canada). Consequently, the practice of law or provision of legal services before proceedings in a Youth Justice Court under the YCJA remain outside of a paralegal’s permissible scope of practice. For additional information, paralegals are encouraged to consult s. 6 of By-Law 4.
- Do collection agencies staff require a licence?
  Staff of collection agencies, working in the normal course of debt collection, do not need a licence to carry on that work. However, drafting pleadings for a case in Small Claims Court or appearing in Small Claims Court constitutes the provision of legal services and can only be performed by a person licensed by the Law Society, operating through a permitted business structure.
- Do process servers require a licence?
  People who merely serve documents are not providing legal services. Process servers who serve documents for their employers can continue to do so without obtaining a paralegal licence, as long as they are not making decisions about what documents to serve, how to serve the documents and on whom to serve the documents. People who perform these latter actions are providing legal services and will require a licence.
- Do individuals who work for a lawyer require a licence?
  
  People whose work is supervised by a lawyer are governed by Section 6.1 of the lawyers' Rules of Professional Conduct. Individuals who prepare documents under the supervision of a lawyer and who are not appearing in front of a court or tribunal do not require a licence. Individuals in this category include law clerks in law firms and independent contractors, such as document preparers and title searchers whose only clients are lawyers.
  
  Non-lawyers appearing in court or before a tribunal require a licence, even if they are supervised by a lawyer, unless they are appearing on behalf of a lawyer on a scheduling or other related routine administrative matter under s. 5(1)(b) of By-Law 7.1.
Becoming licensed
- When did the Law Society begin issuing licences?
  The Law Society began issuing the first paralegal licences to grandparent applicants who fulfilled all the necessary licensing requirements (including insurance) in April 2008.
- How do I become a licensed paralegal?
  
  For information on how to become a licensed paralegal, please visit our Becoming Licensed page.
  
  New paralegal applicants are not able to provide legal services until they are licensed but are eligible to apply to become licensed as paralegals if they have graduated from a Law Society accredited paralegal education program.
  
  To date, the Law Society has accredited these college programs.
- Is there still a good character requirement for new applicants?
  Yes, there is a good character requirement for all those who apply. Please refer to By-Law 4 and the Law Society Act for details.
- Will my criminal record/bankruptcy/driving infraction prevent me from obtaining a licence?
  
  Not necessarily. An affirmative answer to any of the good character questions does not necessarily mean that you will be refused admission to the Paralegal Licensing Process. The information provided by you is thoroughly reviewed by the Law Society’s Professional Regulation Department, and before an application for a licence can be refused, the Law Society Act provides you an opportunity to appear before the Hearing Division if required. Please see the Good Character webpage for further information.
- What types of good character questions do I have to answer on the application?
  
  To preview the good character questions before you apply online, please see the Good Character Amendment Form on the Fees and Forms, which includes the questions that are asked on the online application.
  
  If your good character response(s) change after you submit your application, please submit this amendment form outlining the change in your original responses.
- Which paralegal education programs at post-secondary institutions has the Law Society accredited?
  The list of paralegal education programs at post-secondary institutions that have been accredited by the Law Society is located on the Paralegal Education Program Accreditation page. This list is updated when a new program is accredited. All paralegal applicants who apply for a paralegal licence with the Law Society must have graduated from an accredited paralegal education program in order to be eligible to enter the licensing process. These accredited programs meet the standards and competencies that are required by the Law Society. Colleges interested in obtaining an accreditation package can download it from the Paralegal Education Program Accreditation page. Only colleges on this list will be entitled to state that they have a program that is accredited by the Law Society.
- What if I attend or have graduated from a non-accredited legal services program that does not meet all the Law Society’s accreditation requirements and I did not apply by June 30, 2010?
  You may contact a college from the list of accredited programs to find out the options that are available to you. A prior learning assessment, advanced standing, or upgrades to your current education, are options to explore and consider discussing with the college. Note: Some of these options may include an additional charge by the college, especially if you are required to complete additional courses to upgrade your program. All applicants must graduate or be graduating from a college approved by the Ministry of Colleges and Universities and a Law Society accredited program to be eligible to apply to the paralegal licensing process.
- How do I know if my transcript meets the requirements to enter the paralegal licensing process?
  Upon graduation from an accredited paralegal program, your transcript must show the following:
  1. The completion of the accredited paralegal program,
  2. The completion of a professional responsibility and/or ethics course,
  3. The completion of a minimum of 120 hours of field placement,
  4. The month and year of graduation.
- Can I apply to the Paralegal Licensing Process at any time?
  
  Yes, you can apply at anytime, but you will incur a late filing fee if you apply past the application due date. You must complete and submit parts one and two of the application first. Once your application is processed and verified you will be invoiced for your examination and study materials. Once those are paid and any other necessary documents are received, you are fully registered. Please refer to the Dates to Remember page for information on relevant Paralegal Licensing Process dates and deadlines.
- Have you received my paper application?
  
  Once you submit parts one and two of the application, you will receive confirmation of receipt of your application via your Law Society online account. If you apply by the application deadline, confirmation is typically sent within 30 business days, except during peak periods.
- Can I drop off my application in person?
  
  Yes, the Law Society is open Monday through Friday from 9 am to 5 pm. Applications should be addressed to the Licensing & Accreditation Department and can be dropped off at the mailroom at the Law Society of Ontario.
- I am not in Canada. Can I get my Paralegal Licensing Process application and supporting documents certified in the country I am presently in?
  
  Yes, you may have your application and supporting documents signed/certified in another country if the individual has the authority to certify documents relating to your Licensing Process application. Please see the “Completing the Paralegal Licensing Process Application” section of the website for more information on certifying your documents.
- Do you accept foreign documents?
  
  The Law Society’s Licensing and Accreditation Department accepts certain documents issued outside of Canada, namely, certain legal name documents such as marriage certificates issued abroad. We often receive documents that are not in English or French, therefore we ask that documents not issued in English or French be translated by an Association of Translators and Interpreters of Ontario (ATIO) Certified Translator. Candidates are solely responsible for ensuring the translation is completed by an Ontario ATIO Certified Translator and is sent to Licensing and Accreditation office for review and verification.
  
  You may wish to refer to ATIO's Directory of Certified Translators on its website at https://atio.on.ca/. Your document(s) will not be reviewed/processed by Licensing and Accreditation unless they are accompanied by a translated document from an ATIO Certified Translator, as well as an affidavit attesting to translation authenticity.
- Why do you need my full legal name?
  
  You must be licensed and registered on the Law Society of Ontario’s directory in your full legal name. If you have legally changed your name, you must submit the (Name Change Request Form) found at http://www.lso.ca/FeesandForms/, along with proof of the legal name change.
- There is a mistake in my name on my birth certificate/Citizenship card. All my other documents show my name correctly. Why can I not use those other documents?
  
  The Law Society accepts specific proof of legal name documents in order to register and verify candidates in the Licensing Process and license them. You can find the list of accepted legal name documents on your application and in the “Completing the Paralegal Licensing Process Application” section of the website.
- I am not in Canada and I do not have my legal name documents with me. Can I send the application documents later and will I be charged a late filing fee?
  
  You can submit your Paralegal Licensing Process application in order to meet the deadline. You can submit your legal name document upon returning to Canada in order to complete your Licensing Process Application. Please note that your application is not fully completed until all required supporting documents have been received. It is your sole responsibility to submit these documents as soon as possible.
- I have submitted my application. How do I get a Paralegal Licensing Process Photo Identification Card?
  Once you are fully registered in the Paralegal Licensing Process and you have paid for your examination study materials, you will be issued a candidate identification card. You will be notified through your web account on how and when you will receive your identification card.
- When do licensing examination(s) take place?
  Please refer to the Paralegal Licensing Deadlines and Dates page for details. Note that candidates must apply well in advance of these dates in order to be processed, approved and registered for an exam sitting. Candidates must be fully registered and have paid all examination/study material fees no later than the applicable examination registration deadline for a sitting. In addition, a final official transcript must be filed with the Law Society by that deadline.
- What is the best way to prepare for the examination?
  All applicants approved to write the examination receive supporting information, including tips and suggestions on how to best prepare for the examination. The sooner applicants learn their materials and familiarize themselves with the information, the better prepared they will be to write the examination. Please refer to the G uide to Licensing Examinations for more information.
- What accommodations are available to candidates in the paralegal licensing process?
  
  Candidates may request accommodation in the lawyer licensing process, or the paralegal licensing process based on a ground listed in the Human Rights Code, R.S.O, 1990, c. H.19.
  
  For more information please see Accommodations.
Medical Absence Form
- What is the deadline to submit this form?
  This form must be submitted within 10 business days of the missed examination. It is intended for candidates who are requesting special consideration based on illness or injury and were unable to meet the deferral deadline for their assigned licensing examination sitting.
- Does my physician or licensed medical practitioner need to complete Part B?
  Although it is preferred, we will still accept this form if a qualified staff member of the physician or licensed medical practitioner completes Part B. Please note, only a physician or other acceptable medical practitioner may complete Part C and sign the form.
- My attending physician or licensed medical practitioner is not available within the 10-business day deadline. What should I do?
  
  In order to request an extension to the 10-business day deadline, you are required to inform the Licensing and Accreditation department of when you expect to have the form completed and submitted. Licensing and Accreditation staff will review the circumstances and information provided and inform you how to proceed.
- My chronic medical condition has been previously documented by the Law Society. Am I still required to submit this form?
  
  This form must be completed for each examination that is not deferred by the deadline due to illness or injury so that we are able to properly assess your request for special consideration.
  
  If you know in advance you will be unable to attend, you are to fill out the “Request for Change or Deferment” form and submit it by the applicable deadline. If your illness/injury occurs past that deadline, you will be required to submit the “Medical Absence Form” when you are unable to write at an examination sitting for which you registered.
Costs
- What are the application and examination fees?
  Licensing fees are set by Convocation in the annual Law Society budget. Please refer to the Paralegal Licensing Fee Schedule for details.
- Will any financial assistance be available to offset the costs of writing the exam?
  
  The Law Society isn't aware of any financial assistance by way of bursaries or government loans/grants available. Applicants may wish to speak to an accountant or tax specialist about their ability to deduct some or all the fees from their taxes.
  
  The Paralegal Monthly Payment Plan is available from April to July and again from October to January of the same Paralegal Licensing Cycle
- Can I give my credit card over the telephone or send it by fax to pay for my Licensing Process fees?
  No, you cannot provide credit card information by telephone. You may pay though your online account prior to the deadline.
- Why does my invoice have an issue date and payment due date that are the same date?
  
  If your invoice due date is the same as the issuing date, this means that your fees are due immediately because it was likely issued on or just before the registration deadline.
- Why am I not able to select an invoice to pay online?
  
  If you are trying to submit payment past the posted due date for a licensing examination invoice or a study material invoice you will not be able to pay online. Since you missed the deadline, you are to defer your sitting to the next available sitting.
- I will be submitting my application past the deadline. Will you invoice me for the late filing fee, or should I be sending in the payment with my application?
  
  If you submit your licensing process application past the deadline, you can either include the late filing fee payment or you can wait for the invoice to appear in your account and pay the fee through your online account. Please note, if you do not pay these application fees, you will not be invoiced your examination and material fees. This will delay your registration in the process.
- I have submitted my application and supporting documents. How soon can I receive the study material?
  
  Once you have registered for your licensing examinations, you will be invoiced for the examination and study material fees once your application is reviewed and verified by the Licensing and Accreditation department. Both the examination and the study material fees must be paid in full no later than the registration deadline applicable to your examination sitting in order to be fully registered for the examination. The study materials typically become available in late May to all candidates who have paid the study material fees by the May study material payment deadline. You will receive the study material in electronic format via your online account once payment is received and the materials have been released for the current licensing year.
  
  Refer to the Dates to Remember webpage for the distribution timelines.
- I am having difficulty making the payment prior to the deadline. What can I do?
  
  The Law Society offers support to candidates registered in the Licensing Process through various payment options and financial assistance programs. Please see the Financial Assistance page for further information.
- What is the annual fee for a licensed paralegal?
  Annual fees are set by Convocation in the annual Law Society budget. Please refer to Paying Your Fees for details.
- What are the annual fee categories?
  The annual fee categories for paralegals are the same as they are for lawyers, as set out in Law Society By-Law 5. These three categories are as follows:
  - Paralegal licensees who provide legal services as defined in the Law Society Act, whether they are practitioners or employees, will pay 100 per cent of the annual fee.
  - Paralegal licensees who are working but do not provide legal services will pay 50 per cent of the annual fee.
  - Paralegal licensees who are not providing legal services and do not engage in any remunerative work or are in full-time attendance at a university, college or designated educational institution, or are on maternity or adoption leave, will pay 25 per cent of the annual fee.
Governance and Conduct
- How does the governance structure work?
  
  The Law Society is governed by a board of directors, who are known as benchers. Benchers gather most months in a meeting called Convocation. Every four years, Ontario’s licensed paralegals elect five paralegal benchers to Convocation. The five elected paralegals are also members of the Law Society's Paralegal Standing Committee, which is responsible for developing policy related to paralegal regulation for Convocation’s approval. A paralegal bencher is the chair of the 13-member Paralegal Standing Committee. The remaining eight members of the Committee comprise five lawyer benchers and three non-lawyer benchers.
- Are paralegals required to abide by a code of conduct, as lawyers are?
  Yes, paralegals are required to abide by the Paralegal Rules of Conduct. The rules are structured around obligations to various parties, including general duties, as well as duties to clients, tribunals, other licensees and the Law Society. Paralegals should also refer to the Paralegal Professional Conduct Guidelines for assistance in interpreting the Paralegal Rules of Conduct.
- What are the bookkeeping requirements for a paralegal?
  All paralegal and lawyer licensees are required to keep proper books and records and comply with trust account requirements. For paralegals, these requirements will be effective as soon as an applicant becomes licensed. Resources to assist paralegals in understanding and complying with their bookkeeping obligations are available in the Practice Management Topics page of the Law Society website.
- What are the insurance requirements for a paralegal?
  Paralegals who provide legal services to the public must carry professional liability insurance in accordance with By-Law 6, Part II, section 12 (1).
  
  Licensees must provide written proof of their compliance with this requirement to carry mandatory insurance before they begin providing legal services, as well as on an annual basis.
  
  The following companies currently offer policies that meet the Law Society's minimum requirements:
  - A.M. Fredericks Underwriting Management Ltd.
  - Berkley Canada
  - Encon Group Inc.
  - Holman Insurance Brokers Ltd
  - Integro Insurance Broker (representing Lloyd's of London)
  - Travelers Guarantee Company of Canada
  - Tripemco Burlington Insurance Group Ltd.
  - This insurance is available through your insurance broker.
  The Law Society cannot advise as to the cost of insurance.
Contact Us
If you have additional questions about paralegal regulation that aren't answered here, please contact the Law Society at 416-947-3315 or 1-800-668-7380, or send an email to licensingprocess@lso.ca

Terms or Concepts Explained