Notary Public | Licensed Paralegal | Commissioner of Oaths

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Scope of Practice.

Updates / Paralegals x Immigration Law

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The Ontario Paralegal Association (“OPA”) has been pursuing the issue of Paralegals’ fill scope of practice in Immigration Law.

OPA has done the following:

1. Cited Section 91 (2) of the IRPA and brought attention to some stipulations – one being, “a representative can be a person who is in good standing with the law society.”

2. Cited By-Law 4, Section 6 (2)(2)(iv) of the LSO which (in short) authorizes and permits paralegal licensees to represent a part before a tribunal.

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Why are these good
points raised by the OPA?

Good Standing Argument

Paralegals are licensed with the LSO just like lawyers, pay fees just like lawyers and are qualified to advocate and represent parties (of course within their scope of practice) just like lawyers.

This qualification of “good standing” holds the same importance of a licensee being allowed to practice in Ontario.

The Immigration and Refugee Protection Act (IRPA)

If Section 91 (2) states that a person who may represent or advise is one who is a member in good standing of a law society of a province, including a paralegal – then why shouldn’t Paralegals be allowed to represent or advise a person in Immigration Law?

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Tribunal Argument

By-Law 4, Section 6 (2)(2(iv)

Authorizes and permits paralegals licensees to represent a party in the cases of a proceeding before a tribunal established under an Act of the Legislature of Ontario or under an Act of parliament, before the tribunal.

The Immigration and Refugee Board (IRB) is an administrative tribunal, and in accordance, the Section 6 by-Law 4 of the LSO authorizes paralegals to represent before it without any distinctions or prohibitions.