Frequently Asked Questions

Membership

Address for service’ means the street and mailing addresses of a residence, office or other place of business within the territories.

All non-resident members of the Law Society of Nunavut (LSN) are required to have an address of service or an agent in Territory.

To receive information on who can act as an Agent of Service, please contact the LSN directly by calling us at 867-979-2330 or toll free at 844-979-2330 or by email at info@lawsociety.nu.ca.

The Law Society of Nunavut (LSN) only promotes board vacancies and appointment opportunities that align with its mandate. The LSN is also responsible for the Nunavut Law Foundation vacancies on its Board of Directors.

For inquiries, please contact info@lawsociety.nu.ca.

A Canadian Legal Advisor is a Certificate for members in good standing of the Chambre des notaires du Québec  who have a Bachelor of Civil Law.  Québec notaries are restricted to the following areas of practice:

  • The Law of Quebec
  • Matters under federal jurisdiction, and
  • Matters involving public international law.

A Regular Member is able to actively practice all areas of law within the Territory.

Important update for Members of the Barreau du Québec

On November 26, 2020, the membership approved full regular membership for members in good standing  of the Barreau du Québec. Learn more about the amendments. 

The Law Society of Nunavut (LSN) does not accredit CLE activities. However, CLE activities are recognized based on the principle of Recognized CLE Activities - See section E of of the CLE Policy: Inuktitut.

CLE hours approved by another Law Society, the Canadian Bar Association, a law firm, a university, a legal department, a government agency or department, or a practice group of any of those entities can also be applied to the Law Society of Nunavut CLE requirements.

The Law Society of Nunavut (LSN) may occasionally promote Continuing Legal Education (CLE) events and other conferences from external organizations.

To inquire or request promotion, please contact cle@lawsociety.nu.ca.

If you are not exempt from professional liability insurance, you must obtain coverage through the Canadian Lawyers Insurance Association (CLIA). This coverage is mandatory for practicing lawyers in Nunavut.

The insurance policy runs from July 1st to June 30th, with prorated coverage available only if you join during the coverage period. To obtain coverage or make inquiries, you should contact administrator@lawsociety.nu.ca. For more details, you can visit the insurance coverage page.

At this time, within the territory of Nunavut, limited liability partnerships are not operating. 

Pursuant to S. 18 of the Legal Profession Act, a person is qualified for admission to the Law Society when;

  1. they have been duly called to the bar of a province or a territory or has been admitted to practise as an attorney, advocate, barrister or solicitor in any superior court of a province or territory; and
  2. is of good character and of good standing in the law society of the province or territory of which he or she is an attorney, advocate, barrister or solicitor.

If you meet these criteria you will be able to apply for one of our three membership types, depending on your credentials. Regular Membership, Canadian Legal Advisor or a Restricted Appearance Certificate. If you are applying for Regular Membership or a Canadian Legal Advisor, after your application is approved by the Executive you will have 1 year to take your Oath.

Regardless of whether you are applying for Regular Membership, Canadian Legal Advisor or a Restricted Appearance Certificate you will need to complete and submit the Combined Application Forms. These forms and other information regarding information on membership can be found here.

The answer to this will vary depending on any discipline and or liability claims of the applicant or any other conviction history of the applicant.

That being said, if the application is standard and non-complex, a membership application can take within twenty-five business days to be approved. First, the application must be recommended by the Membership Committee, this can take fifteen business days. After the application has been recommended by the Membership Committee, it is given to the Executive for approval, this can also take up to ten business days.

There is a general timeline when you should submit your application to the Law Society of Nunavut (LSN) listed on our website.

The dates listed on the calendars represent the dates in which the LSN submits membership and Student-at-Law applications to the Membership Committee for recommendation.

While both still retain membership with the Law Society of Nunavut (LSN), only active members are entitled to practice law in Nunavut.

The LSN does not offer the category to retire but only to either resign or withdraw from practice.

Please note that if you resign and you wish to resume practicing law within Nunavut, it would require you to reapply for one of our three membership types.

If you withdraw from practice, you are still a member but choosing to switch to inactive practice. If you wish to resume practicing law within Nunavut, it would require you to change your status back to active. Details and instructions pertaining to this change can be found by following this link.

There can be several factors which will help you determine which membership type if best for you. For example, if you will only have one to three clients or matters and you believe your membership will only last a short amount of time, a Restricted Appearance Certificate (RAC) would be best for you. On the other hand, if you will have several clients and matters, a Regular Membership would be the better option. For more information regarding these types of memberships with the Law Society you can visit our website following this link.

If you need to deliver legal services in the near future, a combined RAC- Regular Membership will allow you to take on files without limitation on the number of clients or files pending the approval of your Regular Membership and your call to the Nunavut bar (one year from the date of approval).   

General Rule

  • Within the Territory of Nunavut, lawyers can administer oaths, affidavits, affirmation and statutory declarations.
  • Within the Territory of Nunavut, lawyers are not automatically notaries public and must be appointed.

Oaths, Affidavits, Affirmations and Statutory Declarations for use in Nunavut

Pursuant to S. 65 of the Evidence Act

65. (1) An oath, affidavit, affirmation or statutory declaration for use in Nunavut may be administered, sworn, affirmed or made within Nunavut before

      (e) a barrister or solicitor duly admitted and entitled to practise as such in Nunavut;

Appointment of Notary Public

Pursuant to S. 79 of the Evidence Act, the Commissioner may appoint notaries public for Nunavut. In order to be appointed each person must:

  1. be a Canadian citizen or a permanent resident of Canada;
  2. resides within Nunavut;
  3. is either entitled to practice as a barrister or solicitor in Nunavut or has satisfies the Commissioner, pursuant to an examination that he Commissioner may impose, that he/she is qualified to act as a notary public; and
  4. the Commissioner is satisfied that the appointment of a notary public is necessary for the public convenience
    1. in the place where the person to be appointed resides and intends to act as a notary public, or
    2. where the person to be appointed is an officer, servant or employee of the Government of Canada, in the places where the duties of that person require him or her to be from time to time.

Sections 75 and 83 of the Evidence Act outline the powers both hold:

Powers of a Notary Public

  • Administering oaths attested by his or her signature and seal.
  • Attesting commercial instruments brought before the notary public for public protestation and given of notarial certificates of his or her acts.
  • May demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the exercise of these powers.
  • Has and may exercise the powers of a commissioner for oaths.

Powers of a Commissioner for Oaths

  • May take any affidavit in any manner concerning any legal proceedings in Nunavut or in which the commissioner for oaths is authorized by any law or Act, although the application or matter is not made or pending in any Court.

Pursuant to S. 50 of the Rules of the Law Society of Nunavut, if an applicant has not taken their oath within the one year deadline then the following could take place:

  1. The application lapses and any fees paid by the applicant are forfeited to the Society; or
  2. The applicant may petition the Executive to waive the lapse and forfeiture referred to in subsection (1) and shall submit with his or her petition,
    1. A certificate of standing from each provincial or territorial law society or comparable body of which the applicant is a member dated not earlier than 30 days prior to the presentation of the petition; and
    2. the other information or documents that the Executive may request.

The Executive may,

  1. waive the forfeiture of fees;
  2. extend, for a specified time, the period during which the approved applicant is eligible for admission as a member of the Society.

If an application for admission under section is not approved or withdrawn, the Secretary shall refund all the fees and levies paid to the applicant except the application fee, which is forfeited to the Society.

General Rule

  • Within the Territory of Nunavut, lawyers can administer oaths, affidavits, affirmation and statutory declarations.
  • Within the Territory of Nunavut, lawyers are not automatically notaries public and must be appointed.

Oaths, Affidavits, Affirmations and Statutory Declarations for use in Nunavut

Pursuant to S. 65 of the Evidence Act

65. (1) An oath, affidavit, affirmation or statutory declaration for use in Nunavut may be administered, sworn, affirmed or made within Nunavut before

      (e) a barrister or solicitor duly admitted and entitled to practise as such in Nunavut;

Appointment of Notary Public

Pursuant to S. 79 of the Evidence Act, the Commissioner may appoint notaries public for Nunavut. In order to be appointed each person must:

  1. be a Canadian citizen or a permanent resident of Canada;
  2. resides within Nunavut;
  3. is either entitled to practice as a barrister or solicitor in Nunavut or has satisfies the Commissioner, pursuant to an examination that he Commissioner may impose, that he/she is qualified to act as a notary public; and
  4. the Commissioner is satisfied that the appointment of a notary public is necessary for the public convenience
    1. in the place where the person to be appointed resides and intends to act as a notary public, or
    2. where the person to be appointed is an officer, servant or employee of the Government of Canada, in the places where the duties of that person require him or her to be from time to time.

Sections 75 and 83 of the Evidence Act outline the powers both hold:

Powers of a Notary Public

  • Administering oaths attested by his or her signature and seal.
  • Attesting commercial instruments brought before the notary public for public protestation and given of notarial certificates of his or her acts.
  • May demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the exercise of these powers.
  • Has and may exercise the powers of a commissioner for oaths.

Powers of a Commissioner for Oaths

  • May take any affidavit in any manner concerning any legal proceedings in Nunavut or in which the commissioner for oaths is authorized by any law or Act, although the application or matter is not made or pending in any Court.

Pursuant to S. 80.7 of the Rules of the Law Society of Nunavut, a lawyer shall retain a record of the information and any documents obtained for the purposes of sections 80.3 and 80.6(3) and copies of all documents received for the purposes of section 80.6(1) for the longer of:

  1. The duration of the lawyer and client relationship and for as long as necessary for the purpose of providing service to the client, and
  2. A period of at least six years following completion of the work for which the lawyer was retained.

No, a lawyer cannot be called to the bar remotely in Nunavut. According to section 21(2) of the Legal Profession Act (LPA), once a person is approved as a member of the Law Society of Nunavut (LSN) and has paid the required admission fee, they must take and subscribe to the oath before a judge of the Nunavut Court of Justice. This oath-taking must occur in person in Nunavut, and thus remote calls are not possible.

CONTACT

Email: info@lawsociety.nu.ca

Phone Toll-free: (844) 979-2330

Fax: (867) 979-2333

Location and Courier:
C-917 Nunavut Drive 3rd Floor, Unit B, Iqaluit, NU X0A 3H0

Regular Canada Post Mailing: Law Society of Nunavut C9- 1088 Mivvik Street Bldg 917 c/o Nunavut Marketing Iqaluit, NU X0A 2H0

Copyright @ Law Society of Nunavut | Please note that the Law Society of Nunavut is the governing body of the legal profession in Nunavut and does not provide legal services or advice to the public.

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