Becoming a lawyer takes hard work, hours of study, and perseverance. This is doubly true for lawyers moving across borders. Practising law in a new jurisdiction means learning a different legal system, studying new rules, and taking additional exams to demonstrate your knowledge. If you’re an internationally trained lawyer seeking to practise law in Canada, you might be nervous about this process. Don’t worry! This guide has been designed to give you a clear idea of the process most internationally trained lawyers must follow to become qualified to practise in a Canadian common law jurisdiction.
The process begins with the National Committee on Accreditation (NCA™). The NCA™ protects the Canadian public interest by ensuring that all individuals with legal education and training completed outside of Canada meet the standards of knowledge and skills necessary to practise law in Canada. To meet its objective, the NCA™ employs a standard process to assess every internationally trained candidate’s academic and professional experience, and then assigns accreditation examinations to applicants, as required, to meet Canadian standards.
What is the NCA™ exam process for Internationally Trained Lawyers (ITLs)?
1. Complete a Self-Assessment
The NCA™ provides an easy-to-use online self-assessment tool to help candidates determine whether their education and experience qualify them to apply for an NCA™ Assessment. Important factors for the self-assessment include whether candidates have a qualifying law degree, whether the degree was obtained through distance/online education, and whether the candidate studied in a common law, non-common law, or mixed common law jurisdiction.
2. Apply for an NCA™ Assessment
Candidates can submit an online application to have their education and experience assessed by the NCA™. The purpose of this process is to determine whether an internationally trained lawyer’s qualifications meet the National Requirement for all Canadian lawyers. Where a candidate does not meet the National Requirement, the NCA™ identifies how the candidate can fulfill any outstanding qualifications by completing assignments (described below).
Candidates must submit several key documents, including official pre-law university transcripts; official law school transcripts; an updated curriculum vitae; and for foreign lawyers; a certificate of good standing from the bar association where they have been called to the bar. For more details on this application and associated fees, make sure to carefully review the NCA™ website and the NCA™ Policy Manual.
The NCA™ process only applies to candidates seeking to practise law in a Canadian province or territory other than Quebec. Individuals seeking to join the Barreau du Québec will have to complete a separate process outlined by that institution.
3. Complete Assignments (NCA™ Exams or Courses)
Candidates will receive an assessment report that indicates their assignments. Depending on each candidate’s education and experience, assignments can be completed through (a) the NCA™ exams; (b) approved courses at a Canadian law school; or (c) some combination of the two, if the candidate is eligible.
Generally, all applicants will be assigned the following five core subjects:
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Canadian Administrative Law,
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Canadian Constitutional Law,
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Canadian Criminal Law,
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Canadian Professional Responsibility,
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Foundations of Canadian Law.
All applicants will likely also have to complete a course in legal research and writing with the Canadian Centre for Professional Legal Education. Depending on the NCA™ assessment, candidates may also be assigned one or more of the following subjects:
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Business Organizations,
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Civil Procedure,
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Commercial Law,
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Contracts,
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Evidence,
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Family Law,
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Property,
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Remedies,
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Taxation,
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Torts and/or Trusts.
Many candidates with experience in other common law jurisdictions opt to write the NCA™ exams. Every NCA™ exam is three hours long and is a fact-based, open-book exam that tests a candidate’s understanding of a specific area of law. The NCA™ exams reflect the format of most Canadian law school exams and therefore may not be familiar to internationally trained candidates. Notably, candidates are expected to follow the IRAC method where answers are broken down into four components: issues, rules, application, and conclusion. The NCA™ provides sample exams, exam outlines, and a guide on completing fact-based law exam questions. In addition to these resources, candidates can also benefit from courses like ITL Prep by Emond Exam Prep, which are specifically designed to help internationally trained lawyers and students comprehend the substantive principles and fundamentals covered in the NCA™ syllabi.
There are 12 NCA™ exam sessions per year, but not all subjects are offered during each exam session. A full exam schedule is available at the NCA™ website. Candidates may complete their NCA™ exams over several sessions as long as they are completed before the deadline outlined in their assessment report. Typically, this deadline is five years from the date of the assessment.
4. Obtain a Certificate of Qualification
Once a candidate has completed all the assignments, they can request a Certificate of Qualification from the NCA™. This certificate establishes that the candidate’s knowledge of Canadian law is similar to that of someone who obtained their law degree through an approved Canadian common law program.
5. Apply to Canadian Bar Admissions Program
Finally, candidates with a Certificate of Qualification from the NCA™ are entitled to apply for bar admission in any Canadian common law jurisdiction. Bar admission typically requires candidates to complete additional exams and experiential training. For more information about the Ontario bar exams, consult Emond’s Comprehensive Bar Exam Preparation Manual.
Overall, the NCA™ process ensures that you will have the skills and expertise necessary to succeed as a lawyer in Canada. It’s important to familiarize yourself with the NCA™ policies and procedures and give yourself enough time to complete assignments. And if you need support, sign up to receive updates about ITL Prep’s upcoming courses. The road to practising law in Canada may seem challenging, but it is well worth the time and effort!
ITL Prep is not affiliated or associated with the Federation of Law Societies of Canada (FLSC) in any way. The FLSC does not endorse or approve any services or materials related to the NCA™ exam that are not directly offered by the FLSC. NCA™ is a trademark of the FLSC.