Practice Note 4 - Representation of parties by non-lawyers | LRB

Practice Note 4 - Representation of parties by non-lawyers

Background:

In Saskatchewan the Legislature has determined that, subject to some exceptions, only lawyers who are members of the Law Society may practice law. Representing another person in a formal administrative adjudicative proceeding such as a hearing before the Labour Relations Board is specifically identified as the practice of law.

The Legal Profession Act, 1990 and the Rules of the Law Society set out the exceptions. One of those exceptions is: 

  • a person who is representing a party in an administrative adjudicative proceeding if the administrative tribunal determines that the person would be of assistance to the party and the tribunal;
  • but only if the person does not charge a fee for the service.

Role of the Labour Relations Board:

At the commencement of a hearing, any party that proposes to be represented before the Board by a person who is not a lawyer will be expected to provide the Board with the necessary information for the Board to determine whether that person will be of assistance to the party and the Board in the conduct of the hearing.

This practice note is intended to provide general guidance concerning the current policy of the Board with respect to representation of parties by non-lawyers in Board hearings. It is not a legal document and should not be viewed as a ruling by the Board or an official interpretation of The Saskatchewan Employment Act, The Legal Profession Act, 1990, or the Rules of the Law Society of Saskatchewan. Specific inquiries should be directed to the Board Registrar. Applicants are also directed to the Act, Regulations and previous decisions of the Board, that may be found on its website.

DATED at Regina, Saskatchewan, May 25, 2022.