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Candidate Agreement

This is a legal agreement between the individual who clicks the “Accept” button (Candidate) and the Law Society of Ontario (LSO). Candidate’s consent to the following terms and conditions is required before Candidate may write a licensing examination (Examination) online. By clicking “Accept,” Candidate confirms that Candidate is the licensing process candidate to whom the LSO assigned the LSO identification number used to register for this Examination.

Terms and Conditions

  1. Candidate has read and agrees to the LSO’s Rules and Protocol that apply to Examinations.
  2. The LSO maintains and contractually requires strict confidentiality and security of all Examination content and non-public Examination-related information. Stringent protocols and security measures have been put in place to ensure that the security and integrity of the Examination and Examination content are always maintained. These measures are designed to eliminate any unfair advantage among candidates and avoid the high cost of replacing the Examination content that would accompany a potential security breach.
  3. Candidate understands that the LSO takes allegations of candidate misconduct seriously and that it may exercise its regulatory authority to investigate potential misconduct and discipline those found to be engaged in or attempting to engage in misconduct that may impact the integrity or security of the Examination process. Misconduct includes situations where a candidate is engaging or has engaged in an action defined as a Prohibited Action in the Rules and Protocol.
  4. Candidate must not engage in any form of dishonesty, fraud, cheating, misrepresentation, or other misconduct related to the Examination. Recognizing that the Rules and Protocol contain more prohibitions and more specific prohibitions, and, without in any way limiting the prohibitions contained in the Rules and Protocol, Candidate understands that all of the following actions are prohibited:
    • impersonating or seeking to impersonate another candidate;
    • allowing an impersonator to write or seek to write any part of an Examination on Candidate’s behalf;
    • copying another person’s answer during an Examination;
    • attempting to disseminate, distribute, transmit, disclose, publish, stream, reproduce, copy, alter, receive, obtain, give, or retain all or any portion of Examination content (including through memorization for subsequent transcription or dissemination and including imprecise, inaccurate, or amended content);
    • disseminating, distributing, transmitting, disclosing, publishing, streaming, reproducing, copying, altering, receiving, obtaining, giving, or retaining all or any portion of Examination content (including through memorization for subsequent transcription or dissemination and including imprecise, inaccurate, or amended content);
    • communicating with any person about Examination content;
    • using this Examination’s content (including imprecise, inaccurate, or amended content) for any purpose other than strictly for Candidate to write this Examination at this time and on this date;
    • using any Examination’s content (including imprecise, inaccurate, or amended content) for any purpose other than strictly for Candidate to write the Examination on which the content appeared, at the time and on the date it appeared to Candidate;
    • failing to advise the Law Society in writing immediately should Candidate become aware that other persons are disseminating, distributing, transmitting, disclosing, publishing, streaming, reproducing, copying, altering, receiving, obtaining, giving, or retaining Examination content (including imprecise, inaccurate, or amended content);
    • failing to abide by the instructions and directions of the LSO or a proctor;
    • being verbally abusive toward any proctor;
    • marking up any document, in any way (including by folding), during an Examination (with the exception that the use of the note-taking feature within the online software is permitted);
    • seeking to access the Internet (other than to access the Examination itself) during an Examination;
    • during this Examination, having access to, accessing, seeking to access, using, or permitting to operate any electronic, communication, recording, or similar device, other than items permitted under the Rules and Protocol and same strictly for the purpose of completing this Examination with honesty and integrity;
    • assisting a person to breach the security and integrity of an Examination;
    • being in possession of, consulting, or using an unauthorized source, such as notes taken or marks made during another LSO Examination, whether taken or made by Candidate or another person;
    • bringing into the testing area any items that are not permitted in the testing area;
    • removing from the testing area any items not permitted to be removed;
    • assisting a person to carry out any of the above activities; or
    • failing to report to the LSO information known about another candidate’s breach of obligations in the Rules and Protocol or a breach of any obligation in a Candidate Agreement.
  5. For clarity, Examination content includes topics, items, questions, scenarios, fact patterns, cases, correct answers, incorrect answers, and information contained in an Examination (including information that is imprecise, inaccurate, or amended in some fashion) but does not include information available on the LSO’s website and does not include a person’s feelings about an Examination (e.g., whether an Examination is “hard,” “easy,” “as I expected,” or “stressful”) or about their performance (e.g., “I think I passed.”).
  6. Candidate understands and agrees that live video streams from the computer’s webcam and second camera are being reviewed in real time by remote proctors.
  7. Candidate agrees and understands that Candidate’s Examination may be audio- and video-recorded.
  8. Candidate agrees that the LSO is permitted to use any recordings made for all reasonable purposes. Such purposes include purposes related to Examination security and integrity as well as assessments of Candidate’s integrity, honesty, and good character, including in cases of alleged, suspected, or potential breach of the Rules and Protocol, this Candidate Agreement, or the Licensing Process Policies or in cases of alleged similar misconduct. Such recordings may be used before a tribunal in a hearing to assess Candidate’s good character and suitability for licensure where an allegation of Examination-related misconduct has been made.
  9. Candidate understands that the LSO discloses information related to every candidate to its proctoring service provider, MonitorEDU Inc. (MonitorEDU), and Examination software provider, Paradigm Testing, LLC (together with MonitorEDU, Providers) and that the Providers disclose information related to every candidate to the LSO. Information shared includes each eligible candidate’s name, email address, and LSO candidate identification number, the name of the Examination for which each candidate is eligible, and any accommodations provided for completing the Examination.
  10. Candidate understands that MonitorEDU requires from each candidate the candidate’s name, cell phone number, email address, and IP address, and the name of the Examination each candidate is writing and associated organization (which is the LSO). The Providers receive information related to the completion of the Examination and such information is provided to the LSO. The Providers and LSO also share information related to any alleged candidate misconduct during the Examination.
  11. Candidate understands that information required by the Providers to provide their services will be temporarily stored in the United States, as they are based in the United States.
  12. Candidate has reviewed and agrees to the Providers’ privacy policies, as linked in the Rules and Protocol.
  13. Candidate agrees and understands that all Examination materials and content are the exclusive property of the LSO, are protected by copyright, and are subject to the law of copyright in Canada.
  14. Any breach of the LSO’s Rules and Protocol applicable to Examinations or other breach of this agreement may result in the LSO taking action, including any of the following (additional actions are included in the Rules and Protocol):
    • preparation of a written report on the conduct of Candidate and its provision to the Professional Regulation Department for investigation;
    • discipline and removal of Candidate from the licensing process through a good character hearing;
    • disciplinary measures against a licensee where information concerning the individual’s conduct as a licensing candidate comes to LSO’s attention after the individual is licensed;
    • initiation of legal proceedings by the LSO against Candidate for damages; and
    • pursuit by the LSO of any other legal remedies available to it.
  15. During the Examination, Candidate agrees to abide by requests made by the proctor to help ensure the security and integrity of the Examination process.
  16. Candidate understands that if any technical issues that are not the result of Candidate failing to meet the requirements set out in the Rules and Protocol prevent Candidate from writing the Examination on the scheduled day and at the scheduled time, MonitorEDU will work to remediate the issue or the LSO will assist the candidate in rescheduling the Examination to a future sitting.
Terms or Concepts Explained