Change of Status

Practicing to Non-practicing Status

What is non-practicing membership?

Non-practicing members undertake to refrain from practicing law or acting as notaries public or Commissioners for the purpose of taking oaths. Non-practicing members must comply with all Rules of the Law Society.

Non-practicing members are entitled to:

  • Receive Law Society notices and communications

Who may apply for non-practicing status?

Any member in good standing may become a non-practicing member.

Applying for non-practicing status.

Becoming a non-practicing member may trigger Rules 180, 181.1(1) and 181.1(2) of the Law Society Rules with regard to Accountant’s Reports, disposition of files, trust monies, and other documents and valuables. Please read these Rules to determine whether you will be required to take any steps prior to becoming a non-practicing member.

In addition to complying with the requirements of Rules 180, 181.1(1) and 181.1(2) of the Law Society Rules, if applicable, members must submit the following:

  • Application & Undertaking in Form 39 not to engage in the practice of law until released from that undertaking.
  • The annual non-practicing fee of $315.00 ($300.00, plus GST). This fee will not be pro-rated.
Practicing or Non-Practicing Status to Retired Status

What is Retired Status?

Retired members are entitled to all the privileges of other members of the Society except the right to practise law or vote in elections, and shall be subject to all the obligations of other members of the Society.

Who may apply for non-practicing status?

Practicing and non-practicing members who have

  • attained the age of 55 years;
  • been a member of the Society in good standing for not less than 20 years; or
  • been engaged in the full time practice of law for not less than 20 years

Applying for Retired status

Changing your status to Retired may trigger Rules 180, 181.1(1) and 181.1(2) of the Law Society Rules with regard to Accountant’s Reports, disposition of files, trust monies, and other documents and valuables. Please read these Rules to determine whether you will be required to take any steps prior to becoming a retired member.

In addition to complying with the requirements of Rules 180, 181.1(1) and 181.1(2) of the Law Society Rules, if applicable, members must submit the following:

  • Application & Undertaking in Form 37;
  • Payment of Application fee of $100.00 plus GST;
  • Payment of Annual Membership of $25.00 plus GST
Resignation from the Law Society of Yukon

A member may resign from the Law Society of Yukon at any time during the year. However, a member cannot resign from the Society in order avoid proceedings, suspension or disbarment under Part 3 of the Act without the consent of the Executive (s.23(1) of the Legal Profession Act).

If a member does not renew their membership and does not formally resign by the annual membership renewal deadline of January 31st, the member will be automatically suspended.

There are financial consequences to being suspended as opposed to resigning. If a member has been suspended and applies for reinstatement at a later date, the member will be required to pay the annual membership fees which would have been due for each year or part thereof during the period of suspension.

Members who formally resign (as oppose to those who are suspended) will not be required to pay back fees if they apply for reinstatement at a later date.

If a member wishes to resign prior to the membership renewal deadline, the member should ensure that their application is submitted well in advance of the January 31st deadline to give the Executive time to consider their application.

Applying for Retired status

Resignation requirements are outlined in Section 23 of the Legal Profession Act.

Resigning your membership may trigger Rules 180, 181.1(1) and 181.1(2) of the Law Society Rules with regard to Accountant’s Reports, disposition of files, trust monies, and other documents and valuables. Please read these Rules to determine whether you will be required to take any steps prior to resigning.

In addition to complying with the requirements of Rules 180, 181.1(1) and 181.1(2) of the Law Society Rules, if applicable, you must submit the following:

Application in Form 40

Reinstatement – Non-Practicing or Retired Status to Practicing Status

Who may apply

  • Non-practising members of the Law Society of Yukon who are actively engaged in the practice of law in another province or territory of Canada [Rule 151.2]
  • Non-practising members of the Law Society of Yukon who are not actively engaged in the practice of law in another province or territory of Canada [Rule 151.3]
  • If you have not been actively engaged in the practice of law in the three years prior to applying to change your membership to practising, the Executive may impose conditions when you apply for practising status [Rule 151.3(3))

Application to Change Status from Non-practicing or Retired to Practicing Status

The following sets out the steps necessary for you to restore your status from that of a non-practicing or retired status to that of a practicing member entitled to practice law in Yukon.

  • Submit an Application in Form 27A
  • If a member of any other Canadian Law Society at the time of application, a Certificate of Standing from each Canadian Law Society of which you are currently a member which Certificate must be dated within 60 days of the date of your application.
  • If not a member of any other Canadian Law Society at the time of application, a Certificate of Standing from each Canadian Law Society of which you have ever been a member which Certificate must be dated within 60 days of the date of your application.
  • A Declaration in Form 13 in respect of professional liability insurance. You will be required to enroll in our Society’s group liability insurance program unless you are eligible for an exemption under Section 54 of the Legal Profession Act and Rules 171 through 176 inclusive or have coverage in another jurisdiction.
  • Payment of annual membership fees totaling $1,100 plus GST. (Note: – If you have already paid $300 for non-practicing status and are applying to change your status part way through the year, then you will only be required to pay $800 plus GST, being the fee differential between practicing and non-practicing membership).
  • Payment of the Special Fund Levy in the amount of $100 plus GST unless exempt.

Reinstatement becomes effective the date your application is approved by the Executive of the Law Society.

All materials must be submitted to this office well in advance of the date that you wish to recommence practice in Yukon. Completed applications are considered by the Executive twice a month.

Reinstatement – Suspended/Struck or Resigned to Practicing

Who may apply?

  • a member who has been suspended or struck off the Roll for failure to pay any annual fee, assessment or levy
  • a member who has been suspended or struck off the Roll for failure to complete the compulsory professional development required under the Rules or filed to report as required;
  • a member suspended or struck off the Roll for failure to file any of the documents required pursuant to Rule 181
  • a member who has voluntarily resigned

Application for Reinstatement

The following sets out the steps necessary for you to restore your status from suspended to active member entitled to practice law in Yukon.

  • Submit an Application in Form 27
  • Certificate of Standing from each Law Society of which you are presently a member or have ever been a member, dated not earlier than 60 days prior to the proposed date of reinstatement.
  • A Declaration in Form 13 in respect of professional liability insurance. You will be required to enroll in our Society’s group liability insurance program unless you are eligible for an exemption under Section 54 of the Legal Profession Act and Rules 171 through 176 inclusive or have coverage in another jurisdiction.
  • Payment of appropriate application fee;
    $200.00 plus GST for reinstatement after resignation
    $300.00 plus GST for reinstatement after suspension
    $500.00 plus GST for reinstatement after being struck from the Roll
  • Payment of annual membership fee of $1,100.00 plus GST
  • Payment of the Special Fund Levy in the amount of $100 plus GST unless exempt.
  • Payment of any unpaid assessments, fees or levies

All materials must be submitted well in advance of the date that you wish to recommence practice in Yukon. Completed applications are considered by the Executive twice a month.