Introduction

In November 2011, Ontario’s Office of the Fairness Commissioner assessed the way the Law Society of Ontario   registers people who apply for a licence to practise in Ontario, to ensure that the registration practices are fair and continue to improve.  

This summary of the assessment includes commendable practices that are under way and recommendations for improvement.

The Law Society of Ontario is subject to Ontario's fair access law, the Fair Access to Regulated Professions Act, 2006 (FARPA). The law spells out the society's obligation to have transparent, objective, impartial and fair registration methods and requirements.

The Office of the Fairness Commissioner

To encourage accountability under the fair access law, the Office of the Fairness Commissioner (OFC) works with professions’ regulatory bodies to improve the way they register people who apply for professional licences. As a result of the OFC’s work, qualified people, no matter where they were originally trained, will have faster, fairer access to their licence to practise here.

In its work with regulators so far, the OFC has found that they have succeeded in streamlining their registration processes, but they need to do more. For example, regulators need to be more transparent and hold their assessment agencies more accountable for fairness.

To encourage, and hold regulators accountable for, continuous improvement, the OFC assesses their licensing practices in a two-year cycle. This cycle includes recommending improvements where needed and monitoring the bodies’ action plans that address the OFC’s concerns. This approach benefits applicants, the professions and the province.

You can read more about the OFC’s strategy for continuous improvement and its guide for assessments elsewhere on this site.

For more information about this particular assessment, contact the OFC.

Note: The words license, register and certify all refer to authorizing a person to practise a profession.

Commendable Practices

The Law Society of Ontario (LSO) is demonstrating many commendable practices, in the following areas. (These areas correspond to the sections of the assessment guide, and are derived from the fair access legislation.)

Information for Applicants

• The LSUC uses a web messaging system to communicate with applicants throughout the entire licensing process and keep them updated on the status of their applications in a timely way. The system enables candidates to have direct access to their files, track their application status and any remaining licensing components to be completed, and communicate directly with the LSUC.
• The information on the LSUC website is comprehensive, clear and well-organized. The licensing process is complex, and as a result there is a large body of material and instructions for potential applicants and candidates to digest. But information is presented clearly and is organized into well-labelled sub-sections.
• The Career Map for Internationally Trained Lawyers contains a section called "Before You Immigrate to Canada," which identifies specifically which steps in the licensing process applicants should complete while still in their home country.
• All licensing information on the LSUC website is provided in English and French.

Timely Decisions, Responses and Reasons

• The LSUC assesses applications, makes decisions, and communicates with applicants efficiently.
• In 2010, the LSUC sped up the processing of applicants' "good-character" issues by having the administrative compliance department review all good-character issues and determine which need further review and investigation by the professional regulation division.

Transparency

• All policies and procedures, including the processes for internal review and appeal of good-character issues, are explained clearly on the LSUC website.

Impartiality

• To ensure impartiality in the grading of the licensing examinations, candidates' names do not appear on their examinations. Rather, each candidate is assigned a number.

Fairness

• The LSUC gives candidates extensive resource materials to help them prepare for the licensing examinations. The LSUC also offers up to five hours of free tutoring to help candidates who are having difficulty with examinations. (More tutoring is available for a fee.)
• The LSUC has exemplary policies and procedures for accommodations for candidates in the licensing process. For example, the LSUC:
  • reviews its licensing practices regularly, to identify any barriers that might affect candidates identified by the characteristics listed in the Human Rights Code
  • offers accommodation (up to the point of undue hardship on the LSUC) when a candidate asserts that a requirement or practice in the licensing process is a barrier
  • lists on its website the current forms of help and accommodation available, so that candidates are aware of them
  • provides information about how to request accommodation, in various places on the website, to ensure that candidates are aware of opportunities
• The LSUC has its own program for helping applicants financially. The repayable allowance program (RAP) is offered to candidates who need support during the licensing process and can demonstrate financial hardship. The RAP committee also accepts applications for reducing or eliminating a repayment in the case of circumstances such as medical disability or inadequate income.
• The LSUC also offers a monthly payment plan that allows candidates to pay fees in instalments.

Recommendations

Assessment of Qualifications	Status
In the next LSUC Fair Registration Practices Report, describe what measures the LSUC takes to ensure that the National Committee on Accreditation (NCA) conducts assessments transparently, objectively, impartially and fairly. [Required]	March 2012
Fairness
Continue the articling task force's review of the articling program, and take additional measures, as necessary, to ensure that no candidate's access to the profession is limited by the articling requirement. [Good]