Limited Licensing Pilot – Parameters and FAQs

The Law Society of Saskatchewan is considering how to extend a limited authority to practice law to alternative (non-lawyer) legal service providers on a case-by-case basis through limited licensing. The overall goal of implementing a Limited License framework is to enhance access to legal services for underserved Saskatchewan individuals balanced with ensuring public protection. 

As the granting of a limited license to practice law is a novel approach to legal regulation in Canada, a new licensing system needs to be developed. The development of the limited licensing system involves consultation and pilots to support the advancement of appropriate rules and regulation. The pilot is for individuals that cannot otherwise offer their services under the present legislation or Rules of Professional Conduct with consideration for these criteria and parameters:

NEED – ACCESS TO LEGAL SERVICES

Is there an identified legal need being met through the services? Does the service fill a gap, providing underserved markets and locations with access to legal services?

SCOPE – COMPETENCE

What competencies may be required to deliver services effectively?

Criteria	Description
Experience	What experience (education, training) does the provider have in the area of service?
Complaints	Has the provider been the subject of complaints, lawsuits, criminal prosecutions or other concerns that identify potential for integrity problems or consideration for the rule of law and administration of justice?
Capacity – area of practice	Are these high-risk areas of practice requiring more thorough analysis due to complexity?
Capacity - type of service	Are the types of services high-risk with potential prejudice/harm to the public if delivered without specific legal education or training?
Capacity – professional development	Do the legal services require ongoing regular continuing education to deliver effectively?

RISK MANAGEMENT – CONSUMER PROTECTION

What level of risk is identified for protection of the public interest?

Criteria	Description
Compliance - Intention	What is the provider’s desire to comply with regulation and achieve objectives?
Compliance - Capability	What is the provider’s capability to comply with regulation and achieve objectives?
Recourse	Is a form of insurance coverage in place in relation to the provision of legal services?
Oversight / Scrutiny	Is there proxy monitoring / oversight evident for the services?

There are several qualifications to these parameters: 

Non-eligibility: suspended or disbarred lawyers are not eligible to apply, nor are individuals who have received notice of unauthorized practice by the Law Society of Saskatchewan prior to January 1, 2022. Making false or materially misleading statements in the application is a basis for loss of authorization to practice within the Pilot.
Ongoing duties: participation in the pilot does not alter requirements imposed by other regulatory bodies nor does authorization to practice law through the Pilot release entities or individuals from conforming to all other applicable laws and regulations. 
Capacity / priorities: the Law Society reserves the right to assess capacity to effectively pilot and monitor the range of services and providers in the public interest with a view to priority needs and services.
Agreement: pilot participants will enter into an agreement with the Law Society which will set out terms and conditions which may include: maintaining eligibility, scope of legal services, conditions, information disclosure, reporting and monitoring, complaint handling, and duration.

At the conclusion of each pilot, the applicant may continue to deliver legal services according to the Rules that will be developed for limited licensees, unless determined by the Law Society that this is not in the public interest.

Visit our FAQs page for more information. If you have any questions, please contact the Law Society at: consultation@lawsociety.sk.ca.