Here you will find several frequently asked questions and answers about the Law Society of Upper Canada's Licensing Process. Click on the headings below to reveal the questions and answers.
General Information
Articling
Licensing Examinations
General Information
What is the Licensing Process fee?
The Licensing Process Fee covers the examination study materials and one sitting of each of the two Licensing Examinations, access to and use of all articling and other Licensing Process supports available on the e-Learning Site as well as access to Law Society staff who provide support during the process. This fee does not include the call to the bar fee.
I am not or have not applied to be a permanent resident of Canada or a Canadian citizen. Can I enter and complete the Licensing Process and be called to the Bar of Ontario?
Yes, as of May 1, 2007 revisions to The Law Society Act no longer require a Licensing Process candidate to apply for or be a permanent resident or a Canadian Citizen when entering the Licensing Process or for the purpose of being called to the Bar of Ontario. However, you will need to provide required Canadian issued documents for purposes of confirming your legal name.
When and where do the call to the bar ceremonies take place?
Once you have successfully completed all mandatory requirements and submitted all required documents, you will be eligible to be called to the bar. Calls are normally held in January, June and September of each year.
Articling
How are the ten months calculated?
The calculation is as follows: Candidates who commence articles on July 9, 2012 will end on May 9, 2013. Candidates who commence articles on August 7, 2012 will complete their articles ten months later, on June 7, 2013. If the last day of articles falls on a weekend, the candidate's last day will be the Friday prior.
Is there a date set for commencement of articles?
The Law Society does not set a particular date for the commencement of articles; however, as per the 2011-2012 Licensing Process year, the latest prescribed date in order to be eligible for the June 2011 call to the Bar was August 9, 2010. This date is anticipated to be similar from year to year.
May I write the Barrister and Solicitor Examinations during articles?
Articling candidates are permitted to write the licensing examinations during articles. Principals must provide the candidate with five days of uninterrupted study time, one day to write a licensing examination and one free day if a candidate's first attempt at writing the Solicitor Examination and the Barrister Examination occurs during the Articling Term. This is seven business days, free of articling employment duties, for each examination for a total of 14 business days for both examinations. Any days taken must be added on to the end of the articling term, unless allocated to the 10 allowable business days vacation.
Does a firm have to pay me during my uninterrupted study time?
As with salary and benefits, payment during the 14 business days for examination preparation is a private arrangement between the candidate and the Principal.
Does my firm have to provide me with five days of uninterrupted study time, one day to write a licensing examination and one free day if I am writing one of the Licensing Examinations for a second time?
No, if you are writing a Licensing Examination for the second time, your firm does not have to provide you with uninterrupted study time to prepare for the examination. You may use your vacation days to write and study for the examinations. Any days taken in excess of the 10 allowable business days vacation must be added on the end of the articling term.
When are articling candidate permitted to take vacation?
Vacation must be taken within the articling term. If you choose to take your vacation in the last two weeks of your articling term, your articling end date remains unchanged.
Does a firm have to give two weeks of paid vacation?
Articling candidates are exempt from the Employment Standards Act; as such, there is no minimum period of time that a firm is required to give for vacation. The Law Society will recognize a maximum of 2 weeks (10 business days) vacation time within the 10 month articling term. Vacation time, remuneration, and the taking of any time off is a private matter to be discussed between the articling candidate and Principal when negotiating the articling contract.
What if a firm gives more than two weeks vacation, what is the effect of this on the articling term?
Where more than two weeks of vacation is taken by articling candidate, any additional weeks taken should be "added on" to the end of the articling term. In other words, if your firm gives articling candidates three weeks vacation and you took all three weeks off, your actual articling term will then be ten months plus one week as it is over and above the two weeks recognized by the Law Society.
What if I am absent from articles due to illness?
If you should be absent for a prolonged period, you may request a Compassionate Abridgment from the Associate Registrar. You must provide a letter requesting a shortening of the required articling term and indicate the reasons for the request. You may include any medical documentation or evidence you are relying upon for your request. You must also include a letter from your Principal or Principal's firm in support of your request. The letter must indicate the date of commencement of Articles, amount of vacation or days of leave time and sick days taken to date. The granting of compassionate abridgments is discretionary and the maximum time allowed is six weeks.
What needs to be done if an articling candidate wishes to continue working after articles?
An articling candidate may continue to work with a firm upon completion of the articling term and prior to the candidate's call to the bar upon approval by the Law Society. If the articling candidate requires an extension of the special rights of appearance while under Articles of Clerkship, an Agreement & Confirmation of Supervision form signed by the candidate and the supervising lawyer must be filed with the Articling office accompanied by a letter of request. Further details may be obtained in the memorandum Practice Guidelines for Candidates Awaiting Call to the Bar, available on the Articling website.
When will calls to the bar occur?
Please refer to the website for specific dates and times and locations for all calls to the bar. http://lsuc.on.ca/CalltoBarDatesTimesLocations/
Which End-of-Term documents should I file?
In general, candidates who commenced articles by mid-August and wish to be called to the bar in June will be required to file the Certificates of Service under Articles by April 1 of the year of call to the bar. Please use the Certificate of Service under Articles specially marked for the June call. Please refer to our website for up-to-date information on the calls to the bar.
Licensing Examinations
How do I prepare to write the Licensing Examinations?
No external material or information is required for preparation to write the licensing examinations which are open book. You are provided with study materials that support all examined competencies. In addition to the study materials, which you will receive approximately one (1) month in advance of the examinations, the Law Society offers on-line resources on how to study for and write the competency-based Licensing Examination.
Can I write the Licensing Examinations if I have not yet secured articles?
Yes.
Can I write one examination, for example, the Barrister Licensing Examination in May and the Solicitor Licensing Examination in November?
Yes. You may write both examinations at one of the scheduled sessions or you may write one at a time in any session you prefer.
If there are circumstances that prevent you from attending the examination session you have registered for, you must notify the Registrar in writing and in advance of the examination date that you wish to defer writing the examination(s).
What happens if I fail one or both examinations?
You will be able to rewrite the examination(s) at any scheduled session in the same licensing year.
Please note that if you write the examinations for the first time in March and you fail, your next opportunity to write will be May/June which falls into the following licensing year. You will be into the next licensing period and are therefore required to purchase the updated study materials for that new licensing year in order to study for the examinations.
Will I receive the same amount of study time for a failed examination if I am articling and will that constitute an amendment to my articling contract with the articling employer?
No, you will not receive any formal uninterrupted study time for a rewrite. You will be responsible for studying on your own time and to make personal arrangements to do so either independently or in conjunction with your articling employer.
How many times am I permitted to write one or more failed examination(s)?
You are required to complete all components of the Licensing Process within your Licensing Term. Your Licensing Term commences on the Date of Commencement of your Licensing Cycle which is May 1 of the year in which you submitted your Application to the Society or May 1 of the following year as stipulated by the Registrar when you were registered into the Licensing Process and ends three years from that date. During your Licensing Term you may not write the Barrister Licensing Examination, the Solicitor Licensing Examination or the Licensing Examinations more than three times or if you have been authorized by the Director of Professional Development and Competence pursuant to subparagraph 28(10) of the Licensing Process Policies more than four times.
The Director of Professional Development and Competence will approve your request to write the Licensing Examination a fourth time during your Licensing Term if you establish to the satisfaction of the Director of Professional Development and Competence that there exist extraordinary circumstances that would affect or could be expected to affect your ability to successfully complete the Licensing Examination.
If your rewrite of a licensing examination takes you into the next licensing period, you will be required to purchase the study materials for that new licensing year.
This change in policy only applies to those candidates who apply to the Licensing Process for the 2012 / 2013 term. Candidates who are already enrolled in the Licensing Process continue to be subject to the 2010 Licensing Process Policies and are entitled to write as many times as permitted under those Policies.
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