WSIB/WSIAT Paralegals Policies
"Effective November 1, 2007, in order to continue to provide legal services, all paralegals must have submitted a completed Registration and Application form to the Law Society of Upper Canada and obtained errors and omissions insurance. The only exceptions are those persons who are exempt from the licensing requirement either under the Law Society Act or pursuant to a bylaw passed by the Law Society of Upper Canada.
As of November 1, 2007, worker and employer representatives will be required to provide the WSIB (e.g. claims adjudicators and account representatives) with confirmation of their licensing status for all WSIB matters such as employer firm files and worker claim files.
New requirements and authorization forms as of November 1, 2007:
Direction of Authorization - Claims (Form 1824A)
Employer's Direction of Authorization - Firm File Access (1797A)
The WSIB will not accept representatives individuals who have not applied for a paralegal licence and who are not otherwise exempt from the licensing requirement.
Until October 31, 2007, the Law Society of Upper Canada accepted applications for licences from paralegals already practising in permitted areas of practice. These are known as “grandparent” or “transitional” applicants. Eligible applicants will be required to pass a licensing exam that will be given in early 2008. The Law Society of Upper Canada expects that the first paralegal licences will be issued in the spring of 2008.
For more information please contact WSIB Legal Counsel at 416-344-3145.
WSIAT
"As a result of changes in legislation, the Law Society of Upper Canada is now responsible for the regulation of most persons who provide paralegal services such as representing a party in an appeal or application before the Tribunal.
In the future, only those who have completed an approved legal services education program in Ontario will be eligible to apply to the Law Society for a licence to act as a paralegal. In the meantime, the Law Society has accepted applications for paralegal licences from experienced representatives (“grandparent applicants”) or certain graduates of existing post-secondary paralegal courses (“transitional applicants”).
These applicants must pass a licensing exam that will be given in early 2008 in order to obtain a licence to provide legal services as a paralegal. They are required to have errors and omissions insurance as required by the Law Society, and to comply with the Paralegal Rules of Conduct established by the Law Society of Upper Canada. The deadline for grandparent applicants to make an application to the Law Society was October 31, 2007. After that date, only those representatives who are candidates for licensing may act as paralegals in appeals before the Tribunal.
Only the following representatives may continue to provide legal services to workers and employers with cases at the Tribunal: lawyers, registered paralegals. Individuals exempt from the LSUC’s licensing requirements are not required to have a licence from the Law Society to work as a lawyer or paralegal and are not bound by its Rules of Conduct.
The Tribunal also has a Code of Conduct for Representatives that applies to all representatives. It recognizes that any person who represents either a worker or an employer has certain obligations and responsibilities to their client and to the Tribunal. The Code sets out the minimum standards of behaviour that the Tribunal expects from any representative who appears before it.
Please contact the Law Society of Upper Canada for information about persons who are exempt from licensing. Tribunal staff cannot provide you with this information. You may obtain more information about paralegal licensing from the Law Society website. You may also call the Law Society at 416-947-3315 or 1-800-668-7380.
Posted on: December 11, 2007