What Are Paralegals Authorized to Do in Ontario?

What Are Paralegals Authorized to Do in Ontario?

In Ontario, a paralegal is a legal professional who is licensed to provide legal services to the public. Paralegals in Ontario are regulated by the Law Society of Ontario (LSO) and can offer a range of legal services. Paralegals must complete an accredited paralegal education program, pass a licensing examination, and fulfill ongoing continuing education requirements to maintain their license. As of 2024, there are approximately 10,000 licensed paralegals in Ontario.

What is a paralegal’s scope of practice?

The scope of practice for paralegals in Ontario includes a variety of tasks and responsibilities. Paralegals are authorized to:

Represent Clients in Legal Proceedings

1. • Small Claims Court (up to $35000)
   • Traffic court
   • Various administrative tribunals (e.g., Landlord and Tenant Board, Workplace Safety and Insurance Board)

Provide Legal Advice and Assistance

1. • Landlord and tenant disputes
   • Minor criminal offences under the Provincial Offences Act
   • Certain employment matters

Draft and Prepare Legal Documents

1. • Legal pleadings
   • Contracts
   • Affidavits

Conduct Legal Research

1. • Investigate case law
   • Prepare legal opinions
   • Gather and analyze relevant legal information

Assist in Legal Transactions

1. • Mediation and arbitration proceedings
   • Settlement negotiations

Other Legal Services

1. • Helping clients navigate complex legal processes
   • Providing general legal information and guidance

These activities are regulated by the Law Society of Ontario (LSO), which ensures that paralegals adhere to professional standards and complete ongoing continuing education to maintain their licenses​.

What are paralegals prohibited from practicing?

In Ontario, the regulations and rules governing paralegals are particularly specific, given that Ontario is unique in Canada for having a licensing system for paralegals. Here are key activities that paralegals in Ontario are prohibited from doing:

Practicing Law in Areas Not Permitted: Paralegals in Ontario are allowed to practice in specific areas of law, including small claims court (up to $35000), traffic, and other provincial offenses, landlord and tenant disputes, and minor criminal charges (where the maximum penalty does not exceed six months imprisonment). They are prohibited from practicing in areas outside these specific legal domains.

Providing Legal Services Without a License: Paralegals must be licensed by the Law Society of Ontario (LSO) to provide legal services. Practicing without a license is prohibited.

Giving Legal Advice in Non-Permitted Areas: Paralegals cannot give legal advice on matters that fall outside their scope of practice. For example, they cannot advise on immigration law or most criminal law matters beyond minor offenses.

Representing Clients in Higher Courts: Paralegals are prohibited from representing clients in the Superior Court of Justice (except for small claims court), the Court of Appeal for Ontario, or the Supreme Court of Canada.

Setting or Negotiating Legal Fees for Lawyers: Paralegals cannot set or negotiate legal fees on behalf of a lawyer. They can only do so within their own scope of practice.

Drafting Legal Documents Beyond Their Scope: Paralegals cannot draft legal documents that fall outside their permitted areas of practice. For example, they cannot draft wills, real estate documents, or complex contracts.

Holding Themselves Out as Lawyers: Paralegals must not misrepresent themselves as lawyers. They must clearly identify themselves as paralegals and must not use titles or descriptions that could lead the public to believe they are licensed lawyers.

These restrictions ensure that paralegals operate within their areas of expertise and maintain the integrity and professionalism of legal services in Ontario.

What is the Family Legal Services Provider (FLSP) License in Ontario?

In Ontario, the FLSP license allows paralegals to provide certain family law services, including giving legal advice, representing clients in certain family law matters, and preparing legal documents. This initiative is part of an effort to increase access to legal services in family law, where there is a high demand and a significant number of self-represented litigants. The introduction of the FLSP license aims to:

• Increase Access to Justice: Provide more affordable legal services to individuals dealing with family law issues.
• Support Self-Represented Litigants: Offer professional assistance to those who would otherwise navigate the legal system without representation.
• Enhance the Paralegal Profession: Expand the roles and responsibilities of paralegals, thereby elevating their professional standing and contribution to the legal field.

Paralegals with an FLSP license can:

• Provide Legal Advice: Advise clients on family law matters within the scope defined by the Law Society of Ontario (LSO).
• Prepare Legal Documents: Draft and complete forms and documents related to family law matters.
• Represent Clients: Represent clients in certain family law proceedings, primarily in the Ontario Court of Justice and the Superior Court of Justice (Family Court), but only in cases where the issues are within the paralegal’s authorized scope.

FLSP-licensed paralegals cannot:

• Handle Complex Family Law Matters: Paralegals are restricted from dealing with more complex family law issues, such as those involving significant property division or intricate financial matters.
• Represent in Higher Courts: They cannot represent clients in the Court of Appeal for Ontario or the Supreme Court of Canada.

By allowing paralegals to offer specific family law services, the FLSP license helps address the gap in access to justice for many individuals and families in Ontario.

Requirements for the FLSP License

To obtain the FLSP license, paralegals must:

• Complete Additional Education: Successfully complete a specialized family law program approved by the LSO.
• Pass a Licensing Exam: Pass an exam specifically focused on family law to demonstrate their competence in this area.
• Meet Continuing Education Requirements: Engage in ongoing professional development to maintain their knowledge and skills in family law.