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| Shelby A. Fitzgerald |
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| Jordyn M. Nachtegaele |
Limited licensees regulated by the Legal Professions Act
The limited licensees are regulated by the Law Society. Under s. 24.1 of the Legal Professions Act (the Act), the Law Society can make rules respecting the issuance and regulation of limited licences, including the criteria for considering an application for a limited licence and the conditions to which a limited licensee may be subject. Some important requirements are:
- Professional insurance: Limited licensees are required to maintain errors and omissions coverage through the Canadian Lawyers Insurance Association.
- Ethical obligations: All limited licensees must complete a mandatory course on the Code of Professional Conduct for Limited Licensees and remain bound by that code in their practice.
- Trust restrictions: Unlike lawyers, limited licensees are prohibited from receiving trust funds in advance of delivering legal services.
- Undertakings: Limited licensees may give and accept undertakings and trust conditions, though, as with lawyers, there is no obligation on others to accept them.
- Practice structures: Licensees may practise independently, in partnership, within a law firm, or in some cases as part of an organization or corporation.
It is important that limited licensees comply with the regulations and rules governing their limited licence, or they may be subject to discipline under the Act.
Requirements to obtain a limited licence
Not every applicant requires the same education, training and experience in order to be granted a limited licence. The scope of a limited licensee’s licence is restricted by the Law Society to specific areas of practice reflecting their individual education, training and experience relevant to their delivery of legal services.
To be considered, an applicant must demonstrate they have the requisite education and experience. For example, a degree in justice-related studies from a recognized school, a certificate or courses from a recognized school in the subject area related to their scope of practice, a Canadian law degree, or a high school diploma and five years of supervised related substantive legal experience.
Limited licensees must also complete continuing professional development training annually.
Final thoughts
Saskatchewan has pioneered an important, practical solution to increasing access to justice by allowing the limited licensing of legal professionals in its communities. This pragmatic approach expands access to legal services while preserving professional regulation and public protection. Creating more affordable legal services options helps reduce the number of people who proceed without assistance in resolving their legal issues.
As other jurisdictions observe Saskatchewan’s experience, the limited licensing model may play an increasingly prominent role in reshaping how legal services are delivered across Canada.
Some legal matters suit limited licensees, but complex challenges and opportunities require an experienced team like McKercher LLP. Visit our Services and Industries web page to select a service area, learn more and connect with one of our experienced lawyers.
This article is provided for general information purposes only and does not constitute legal advice. It should not be taken as legal opinions on any specific facts or circumstances, and counsel should be consulted concerning individual legal questions.
Shelby A. Fitzgerald is an associate in the McKercher LLP Saskatoon office where she maintains a general litigation practice with a focus on Indigenous law, insurance defence and criminal defence. Shelby has appeared before the Saskatchewan Court of Appeal, Saskatchewan Court of King’s Bench, Saskatchewan Provincial Court, the Federal Court of Canada and various administrative tribunals. Her practice primarily focuses on defence work in the civil and criminal context. She has handled a wide variety of cases from assault, uttering threats, mischief and serious driving offences to sexual assault, robbery and firearms charges.
Jordyn M. Nachtegaele is an articling student in the McKercher LLP Saskatoon office with experience in entrepreneurship who intends on maintaining a general corporate commercial practice. Jordyn earned her JD from the University of Saskatchewan in 2025. She obtained her bachelor of commerce (with great distinction) from the University of Saskatchewan in 2022 after earning the Grandey Leadership Award and the Maureen Somers Memorial Trust.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, LexisNexis Canada, Law360 Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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