The new type of legal professional is being established under BC’s Legal Professions Act
The Ministry of Attorney General’s regulated paralegal working group is inviting public feedback on its draft recommendations regarding the legal services regulated paralegals can offer independently in British Columbia.
The new type of legal professional is being established under the Legal Professions Act, which was granted Royal Assent in May 2024 and is pending implementation. The attorney general launched the regulated paralegal working group in 2024 with lawyers, paralegals, a notary, and other individuals possessing relevant experience to offer recommendations should the Act be effected.
The creation of the regulated paralegal role is in line with a broad initiative to improve the accessibility and affordability of legal help for BC residents. The position differs from lawyers, a notary public, and paralegals.
To qualify as regulated paralegals, individuals must fulfill specific education and competency criteria set by new legal regulator Legal Professions British Columbia. The working group, which began convening in the fall of 2024, has pitched two types of regulated paralegal licenses: general scope and family law specialization.
General scope license
A general scope license would permit regulated paralegals to act for people on matters involving small claims, traffic tickets, summary criminal offences, and certain family law matters in Provincial Court. They may also represent individuals on specific family law matters in Supreme Court , subject to a specialization license.
Regulated paralegals with general scope licenses can represent people in tenancy or workers’ compensation hearings before administrative tribunals. They can assist with wills, powers of attorney, real estate transactions, corporate filings and transactions, and estate administration.
Family law specialization license
This type of license is geared towards regulated paralegals concentrating on family law and may only be obtained once a general scope license has been issued. Those with a family law specialization license can assist with adoptions, continuing custody orders in child protection matters, property division, and complex family law concerns.
However, regulated paralegals may not handle surrogacy, fertility, and international child custody cases regardless of the licenses held.
The working group is seeking responses to four questions:
- Will these scopes help more people get legal help?
- Are there legal services missing from the proposal?
- Are there services included that shouldn’t be?
- Are there other issues or barriers that Regulated Paralegals could help address?
Members of the public are invited to complete an online survey on or before February 27. The working group has published its full report for the public’s review.
Last October, the Trial Lawyers Association of British Columbia and the Law Society of British Columbia presented their final arguments at a trial centered on the Legal Professions Act.
