Changes to Active Non-Practising Status Effective Feb. 1, 2024
In October 2023, the Benchers approved changes to the existing active non-practising status to better accommodate lawyers taking a leave from practice.
The following changes to the active non-practising status are effective Feb. 1, 2024:
- The fee for active non-practising status will be one-half the fee for full active status. This year, that means the fee will be $1,320 + GST.
- With some exceptions, lawyers with no disciplinary proceedings who hold active non-practising status for three consecutive years or less will be eligible for an expedited reinstatement when returning to practising status.
In an expedited reinstatement, lawyers will go through a brief process that will entail minimal requirements. If a lawyer is involved in disciplinary proceedings or if an expedited reinstatement is deemed to not be in the public interest, the Executive Director maintains the discretion to determine that the full reinstatement process is warranted.
There are no eligibility requirements to hold this status. It is available to lawyers who need or want to take a leave from practising law for any reason.
What this Means for You
If you currently hold active non-practising status and want to continue this status, these changes will apply upon your renewal. No further action is required from you at the time. The conditions for the status—including not engaging in the practice of law or giving any legal advice, exemption from the professional liability indemnity levy, and exemption from the reinstatement fee—remain in place. Visit our Status Options & Contact Information Changes page for more information.
Please note that current inactive lawyers interested in electing the new active non-practising status are still subject to the full reinstatement process. For anyone interested in changing their status, please note that processing times may vary as this is a busy time of year for applications. Please submit your application to our Membership department as early as possible.
If you have further questions about the active non-practising status, please contact our Customer Service team via email or phone at 403.229.4700 or 1.800.661.9003 toll-free.
Background
At various stages in their career, a lawyer may take a leave from the practice of law and change their status. We understand that lawyers go on leave for various reasons. For example, lawyers may take maternity or parental leave, while others take a leave for medical, mental health, caregiving, educational or other reasons.
When taking a leave, lawyers can choose to hold the same active practising status or change their status to suit their circumstances. The Law Society does not select the status for lawyers going on leave. Currently, there are limited available status options that are suitable for lawyers seeking a leave from practice. To address this concern, the changes to the existing active non-practising status make it a more viable option for lawyers taking a leave.
Frequently Asked Questions
The changes revise the existing active non-practising status to better accommodate lawyers going on leave. At various stages in their career, a lawyer may take a leave from the practice of law and change their status. We understand that lawyers go on leave for various reasons. For example, lawyers may take maternity or parental leave, while others take a leave for medical, mental health, caregiving, educational or other reasons.
When taking a leave, lawyers can choose to hold the same active practising status or change their status to suit their circumstances. The Law Society does not select the status for lawyers going on leave. Currently, there are limited available status options that are suitable for lawyers seeking a leave from practice. To address this concern, the changes to the existing active non-practising status make it a more viable option for lawyers taking a leave.
If you currently hold active non-practising status and want to continue this status, these changes will apply upon your renewal. No further action is required from you at the time.
If a lawyer holds active non-practising status for three consecutive years or less and seeks reinstatement to active practising status, then they will be eligible for an expedited reinstatement. In an expedited reinstatement, lawyers will go through a brief process that will entail minimal requirements. This will include:
- paying the prescribed annual fee and indemnity assessments;
- paying any amounts owing to the Law Society;
- updating contact information as needed; and,
- certifying that at the time that they seek reinstatement, no proceedings under Part 3 of the Legal Profession Act, or similar proceedings by another professional regulatory body of which they are a member, are underway or have ended resulting in a finding against them.
There are two circumstances that will make a lawyer who holds active non-practising status for three consecutive years or less ineligible for an expedited reinstatement and require the full reinstatement process instead:
- The Law Society or another regulatory body has commenced disciplinary proceedings against the lawyer or has concluded disciplinary proceedings resulting in a finding against the lawyer.
- The Executive Director determines that an expedited reinstatement is not in the public interest.
The process for electing active non-practising status has not changed. Visit our Status Options & Contact Information Changes page for more information on how to apply for active non-practising status.
Please note that current inactive lawyers interested in electing the new active non-practising status are still subject to the full reinstatement process. As well, if you are currently a Responsible Lawyer, before taking this status you must have a new Responsible Lawyer approved or complete all Trust Safety filing requirements.
There are no eligibility requirements to hold this status. It is available to lawyers who need or want to take a leave from practising law for any reason.