What legal services should a regulated paralegal provide in B.C.?
The scope of practice must be evidence-based and designed to protect the public
Should paralegals handle family law property division or draft wills? As B.C. reforms its legal professions framework and considers expanding who may provide legal advice and representation, the focus must remain on the people who rely on these services and the risks they face when something goes wrong.
People across British Columbia turn to legal service providers at critical moments, whether after a separation, when administering an estate or when managing a business transaction. At these moments, they need to know who may act on their behalf and whether that provider’s training and competencies are sufficient to protect their interests.
In March 2026, the Canadian Bar Association, BC Branch responded to a Ministry of Attorney General working group proposal on the scope of practice for regulated paralegals. The draft recommendations contemplate authorizing regulated paralegals to practise independently under a broad general licence, with a separate family law specialization available.
The proposal seeks to expand access to justice by addressing unmet legal needs through “increased choice of legal service providers.” In response, CBABC’s position is that improving access to justice and protecting the public must go hand in hand, and that reform should be grounded in evidence, including evidence of unmet need and improved affordability.
Why the general scope licence raises concerns
CBABC’s submission raises concerns about the proposed general scope licence, which would permit regulated paralegals to provide legal advice, draft documents and represent clients across a wide range of practice areas.
Errors in these areas can have serious consequences for clients. Estate administration, including handling funds, for example, creates risks of misappropriation, substantive error and procedural error. Corporate transactions such as mergers and acquisitions involve complex structural and tax consequences that require legal judgement.
Files that appear straightforward at intake may become more complex as they develop. Despite this, the draft proposal does not identify how to determine when a matter has moved beyond what a regulated paralegal can safely manage. If a lawyer must later redo or correct work, clients may end up paying duplicate costs, undermining the access to justice objective.
CBABC recommends an evidence-based approach to defining the scope of work of regulated paralegals. The draft proposal does not provide clear evidence of unmet legal need, or that a new category of legal professionals will improve affordability or access. The economics of legal practice are likely to be similar across providers, and we accordingly expect a comparable range of fees charged by paralegals, notaries and lawyers.
There is also the matter of differentiating between the roles of paralegals, lawyers and notaries. The current recommendations do not make this clear, which can increase public confusion about who can provide which services and can make it harder to make informed decisions.
High stakes in family law
Family law matters are often legally and factually complex. CBABC does not support including “some family law matters” within the general scope for the same reasons raised earlier: family files that appear straightforward at intake may escalate after disclosure, or when family violence or power imbalances emerge. Early errors in pleadings or legal arguments can have lasting consequences, particularly for vulnerable clients.
The same can be said for the proposed family law specialization licence. The contemplated areas—pension division, alienation allegations, trust claims, excluded property and complicated property division—are some of the system’s most intricate and high-risk matters. They can affect housing, financial stability and long-term outcomes for families.
If family law services for regulated paralegals are pursued, they should be limited to a clearly defined specialization covering low-risk and rule-bound tasks. This framework should clearly define the permitted scope and require referral to a lawyer when the matter exceeds that scope.
A public-interest approach
Regulated paralegals can help reduce delays and support litigants, particularly self-represented parties who need help organizing disclosure or court materials. CBABC recommends focusing their scope on lower-risk, procedural work such as registry filings, document management and public record updates that do not require legal interpretation or judgment.
In family law, this could include defined lists of permitted services, such as assisting with certain uncontested processes after independent legal advice has been obtained. By contrast, work that requires legal judgment, triage or ongoing assessment of complexity should remain outside the regulated paralegal’s scope.
The guiding principle is proportionality: the greater the risk to the public, the greater the required qualifications, oversight and accountability. As B.C. overhauls its legal professions framework, CBABC continues to advocate for reforms that improve access to justice while maintaining public confidence in legal services[.
