You will be considered to be practising law in Ontario if you:
(a) perform professional services for others as a barrister or solicitor with respect to, or relying on the laws of Ontario or the laws of Canada applicable to Ontario, or
(b) give legal advice with respect to the laws of Ontario or the laws of Canada applicable to Ontario.
This means that you could be practising law in Ontario whether or not you are physically in Ontario. For example, if you give legal advice with respect to the laws of Ontario on the telephone, by e-mail or through correspondence from a province outside of Ontario you are considered to be practising law in Ontario. You must therefore keep a record of all of these activities as any time spent counts towards the 100 day allotment under the NMA or 20 days otherwise allowed.
It also means that you are practising law in Ontario if you do so with respect to the laws of Canada applicable to Ontario.
Lawyers who practise law on an occasional basis for a single employer (corporate counsel) are also practising law for the purposes of By-Law 4.
You will not be considered to be practising law in Ontario for the purposes of the by-law if you perform professional services or give advice solely on the law of another province.
In addition you will not be required to include in your calculation of the 100 days any time spent practising law as a counsel in a proceeding in
(a) the Supreme Court of Canada,
(b) the Federal Court of Canada,
(c) the Tax Court of Canada,
(d) a tribunal established under an Act of Parliament,
(e) a service tribunal within the meaning of the National Defence Act (Canada),or
(f) the Court Martial Appeal Court of Canada,
including time spent preparing for such proceeding or otherwise furthering the matter.
Check the definition carefully to determine whether your activities come within its scope. If you come within the definition you are subject to the by-law.