Law Society of Yukon FORM 8

Law Society of Yukon

#304 – 104 Elliott Street

Whitehorse, Yukon Y1A 0M2

Phone: 867-668-4231 Fax: 867-667-7556

Email: [email protected]

FORM 8

Application for a Certificate of Permission to Act

(s. 38 of the Act; Rule 74)

Name

Last Name

First Name

Middle Name(s)

Contact Information

Name of Firm/Employer (if applicable)

Street

City

Province/Territory

Country

Postal Code

Telephone

Work ( )

Home ( )

Fax

( )

Email Address

Note:

All required records and information must be submitted to the Credentials Committee before

your application will be considered valid.

If supporting documentation will be submitted separately from the application, please advise our

office.

Where a certificate of standing is required, the Law Society of Yukon (Society) will accept:

• if the certificate is issued by a Law Society in Canada, the original certificate, or an

electronic copy if sent directly to the Society by the issuing Law Society;

• the original certificate if the certificate is issued by a body regulating legal professionals

in a jurisdiction outside Canada.

Form 8

Application for a Certificate of Permission to Act

2

1. I am licensed to practise law as a lawyer in another province or territory and apply under

rule 74 for a Certificate of Permission to Act.

Included with this application are the following:

Copy of government issued photo identification

A certificate of standing from each governing body, and each body regulating legal

professionals in a jurisdiction outside Canada, in which I am or have ever been a

member, dated no more than 60 days before the date the application is received by the

Credentials Committee

Fees in the amount of $792.75 ($300 application fee, $455.00 certificate fee plus $37.75

GST)

Questionnaire

The Applicant’s Questionnaire must be completed fully and accurately. The declaration must be

made before a Notary Public or Commissioner for Oaths.

Omissions or inaccuracies in your answers may delay consideration of your application or affect

its approval.

If the space provided for an answer is insufficient, provide details on a separate sheet of paper

and attach the sheet of paper to this application.

The Credentials Committee may investigate or verify any information supplied on this

application and may require further explanation from you before considering your application.

2. (a) Full name: ________________________________________________________

(b) What other names, if any, have you used:

__________________________________________________________________

(c) Has your name ever been changed: Yes No

(d) If yes, from what to what, why and when?

________________________________________________________________________

3. Date of birth: _______________________________

(month/day/year)

Form 8

Application for a Certificate of Permission to Act

3

4. Name of party(ies) you have been retained to represent?

______________________________________________________________________________

5. Description of particular matter to be covered by the Certificate of Permission to Act

including names of the parties involved and nature of services to be provided:

______________________________________________________________________________

6. Has a legal proceeding been commenced relating to the matter? Yes No N/A

7. If yes to question 6 above, provide full and complete style of cause including court file

number:

______________________________________________________________________________

8. State the name of every law society in Canada or body regulating legal professionals in a

jurisdiction outside Canada in which you are now or have ever been a member:

Name of Jurisdiction Date of Admission Current Member

____________________________ ________________ Yes No

____________________________ _________________ Yes No

9. State the name and mailing address of each law firm through which you have provided

legal services in the five years immediately preceding the date of this application. (If you

provided services as a sole practitioner, give business addresses).

____________________________________________________________________________

Form 8

Application for a Certificate of Permission to Act

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____________________________________________________________________________

10. (a) Since the date of your first call and admission to the practice of law have you at

any time not been actively engaged in the practice of law for a continuous period of 12 months or

more?

Yes No

(b) If yes, for what period or periods of time were you not engaged in the active

practice of law and reason why?

______________________________________________________________________________

11. Will you be holding property belonging to another person in relation to your provision of

legal service in Yukon under this certificate in trust Yes No

If you answer yes to any of questions 12 to 39, provide details on a separate

sheet.

12. Is your law practice in any other jurisdiction currently subject to any conditions or

restrictions? Yes No

13. Based on your personal history, your current circumstances or any professional opinion

or advice you have received, are you currently experiencing any condition which is reasonably

likely to impair your ability to competently practice law? Yes No

14. Have you ever been found in contempt of an order of a court or an administrative

tribunal? Yes No

15. Have you ever violated an order of a court or an administrative tribunal? Yes No

16. Have you ever failed to comply with a subpoena? Yes No

17. Are you aware of any ongoing criminal investigations into your conduct or any pending

criminal charges against you? Yes No

18 Have you or any business you control ever been convicted or found liable in a criminal,

civil, or administrative proceeding of breach of trust, fraud, perjury, misrepresentation, deceit,

forgery, dishonesty, or undue influence? Yes No

Form 8

Application for a Certificate of Permission to Act

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19. Are you aware of any pending criminal, civil, or administrative proceedings against you

or any business you control involving a breach of trust, fraud, perjury, misrepresentation, deceit,

forgery, dishonesty, or undue influence? Yes No

20. Are there any outstanding warrants, judgments, court orders, or legal proceedings against

you or any business that you control? Yes No

21. Have you, or any business that you control, been the subject of an order enjoining you

from the unauthorized practice of law? Yes No

22. Are you aware of any outstanding allegations of unauthorized practice of law outstanding

against you or any business that you control? Yes No

23. Have you ever been charged with, or found guilty of, any of the following offences:

a. An indictable offence under a federal enactment. Yes No

b. An offence under a federal enactment that is prosecutable either as an indictable

offence or as a summary conviction offence. Yes No

c. A summary conviction offence under the federal Income Tax Act, Criminal Code,

Controlled Drugs and Substances Act or Food and Drugs Act. Yes No

d. A summary conviction offence under personal or corporate tax legislation of any

province or territory, including a regulation or regulatory instrument made under

the legislation. Yes No

e. An offence under the Securities Act or an analogous enactment in any province or

territory, including contravening a regulatory instrument made under the

enactment. Yes No

f. An offence in a jurisdiction outside Canada that is substantially similar to an

offence referred to above. Yes No

24. Have you ever been refused admission to a post-secondary institution or similar

institution because of dishonesty or other misconduct? Yes No

25. While attending a post-secondary institution have you been suspended, expelled, or

penalized for misconduct? Yes No

26. While attending a post-secondary institution have you received a warning, been placed

on probation, or been permitted or advised to withdraw from the institution in lieu of being

subject to discipline? Yes No

27. Are you currently or have you ever been the subject of an allegation of misconduct by a

post-secondary institution? Yes No

Form 8

Application for a Certificate of Permission to Act

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28. Have you ever been refused admission as an articling student, student-at-law, articled

clerk, or similar position, by a governing body, or body regulating legal professionals in a

jurisdiction outside Canada? Yes No

29. Have you ever been discharged, suspended, disciplined, or permitted to resign in lieu of

discipline, due to allegations of misconduct in relation to your employment? Yes No

30. Are you aware of any pending charges, complaints or investigations regarding your

conduct as a member of any profession? Yes No

31. Have you ever been the subject of any charges, complaints, grievances (formal or

informal), investigations, findings or proceedings regarding your conduct as a member of any

profession or organization? Yes No

32. Have you ever been removed from the membership of, or refused admission to, or been

disciplined by, a governing body, a body regulating legal professionals in a jurisdiction outside

Canada, or other professional body or organization? Yes No

33. Have you resigned from a governing body, or body regulating legal professionals in a

jurisdiction outside Canada, in lieu of disciplinary proceedings being taken against you?

Yes No

34. Have you ever applied for and been refused a licence, or had a licence revoked, from a

regulatory body where proof of good moral character or fitness to practise was required?

Yes No

35. Are you now, or have you ever been, a bankrupt under the Bankruptcy and Insolvency

Act? Yes No

36. Have you ever made a proposal under the Bankruptcy and Insolvency Act, or made any

other formal declaration of insolvency? Yes No

37. Has any corporation, partnership, or other business entity which you control, or over

which you had control, become bankrupt, made a proposal under the Bankruptcy and Insolvency

Act, or made any other formal declaration of insolvency? Yes No

38. Are you now, or have you in the last two years been, in default of any loan, debt or other

financial obligation? Yes No

39. Are you aware of any professional liability claims or any potential professional liability

claims against you? Yes No

Form 8

Application for a Certificate of Permission to Act

7

PROFESSIONAL LIABILITY INSURANCE

40. I currently have professional liability coverage which, if my application for a Certificate

of Permission to Act is approved, will:

a. apply to the provision of legal services by me in Yukon; and

b. complies with the requirements for professional liability coverage under the Act.

Yes No

41. If yes, details of insurance: N/A

(a) Name of insurer: ________________________________________________

(b) Policy expiry date: ________________________________________________

(c) Any conditions, restrictions or limitations: Yes No

If yes, provide details:

________________________________________________________________________

42. I qualify for an exemption from the requirement to have professional liability coverage.

Yes No

43. Grounds for exemption (check applicable box) N/A

I will provide legal services only as an employee for an employer who does not

provide legal services and will not practise on my own account apart from such

employment.

I will provide legal services in Yukon only as an employee of a government and

will not practise on my own account apart from such employment.

I solemnly declare that the information provided in this application is complete and accurate as

of today’s date. I make this declaration in support of my application conscientiously believing it

to be true and knowing that it is of the same force and effect as if made under oath.

DECLARED before me at the City of )

___________________________, in )

___________________, this _______ )

day of _______________, 20____. )

)

_______________________________ ) ____________________________________

A Notary Public or Commissioner for ) Signature of Applicant

Oaths in and for: ) Print name: _________________________

Form 8

Application for a Certificate of Permission to Act

8

______ ___________________ )

(insert jurisdiction)

Form 8

Application for a Certificate of Permission to Act

9

AUTHORIZATIONS, UNDERTAKINGS & CERTIFICATION

I, ________________________________, the applicant in this application to the Law

Society of Yukon (Society) for a Certificate of Permission to Act:

1. authorize the Credentials Committee to ask any person, government, educational

institution, financial institution, police force, military authority, governing body, or other

organization about anything relevant to my application to the Society;

2. authorize any person, government, educational institution, financial institution, police

force, military authority, governing body, or other organization, contacted by the

Credentials Committee in relation to my application to provide the Committee with the

information and documents requested by the Committee;

3. agree to provide any additional specific authorization or release that is requested by the

Credentials Committee to enable the Committee to obtain information that will assist the

Committee in determining whether I should be granted a Certificate of Permission to Act;

4. undertake that if at any time I am no longer covered by a policy of professional liability

insurance as required under the Legal Profession Act, 2017, or no longer qualify for an

exemption from the requirement for professional liability coverage, I will immediately

notify the Executive Director of the Society and cease in the provision of legal services in

Yukon until I have professional liability coverage as required by the Act;

5. undertake that if my application for a Certificate of Permission to Act is approved I will

comply with the Legal Profession Act, 2017, the Rules of the Law Society of Yukon, and

the Code of Conduct;

6. certify that I am aware of my obligations under the Code of Conduct to perform all legal

services undertaken on behalf of a client to the standard of a competent lawyer, including

knowing the substantive law and procedures in Yukon for the areas of law in which I will

provide legal services in Yukon.

Date: ____________________________ _____________________________________

Applicant’s signature