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Temporary Mobility Under National Mobility Agreement

7.03A

(1) A visiting lawyer who is a member of a governing body that has signed and adopted the provisions of the National Mobility Agreement and who qualifies under rule 7.03A(3) may provide legal services without a permit for a maximum of 100 days in any calendar year.

(2) On application of a visiting lawyer who otherwise qualifies under 7.03A(3), the Executive Director may in writing allow the visiting lawyer to provide legal services without a permit beyond the time limit set in subrule (1).

(3) Subject to subrule (4), to qualify to provide legal services on a temporary basis under subrule (1) or (2), a visiting lawyer must at all times:

(a) be entitled to practise law in a home jurisdiction;

(b) carry liability insurance that

      1. (i) is reasonably comparable in coverage and limits to that required under Rule 10.05 and
      1. (ii) extends to the lawyer’s temporary practice in this province;

(c) have reasonably comparable defalcation compensation coverage from a governing body that extends to the lawyer’s practice in this province;

(d) not be subject to conditions of or restrictions on the lawyer’s practice or membership in the governing body in any jurisdiction imposed as a result of or in connection with proceedings related to discipline, competency or capacity;

(e) not be the subject of criminal or disciplinary proceedings in any jurisdiction;

(f) have no disciplinary record in any jurisdiction; and

(g) not establish an economic nexus with this province, contrary to Rule 7.08A.

(4) The requirement in subrule (3)(b) does not apply to a visiting lawyer who is exempt from compulsory liability insurance under Rule 2.18.1 with respect to legal services to be provided in this province.