DM146886 – Application for Returning to Practice

Jurisdiction: Country: Canada | Province or State: British Columbia

What is a DM146886 – Application for Returning to Practice?

The DM146886 is the official application you use to return to active legal practice after time away. It is the regulator’s intake form for lawyers who held non-practising or retired status and now want practising privileges again. You complete it to show that you are ready, competent, and insured (or properly exempt) to serve clients in British Columbia.

The form collects facts about who you are, where and how you will practise, and your conduct record. It confirms your start date, practice setting, and whether you will handle trust funds. It also asks about your time away and any steps you took to maintain competence. You make declarations that the information is true and complete. You also consent to checks the regulator may need before approval.

Who typically uses this form?

You do if you are a current member who is not in practising status and want to become practising again. That includes non-practising and retired members. It can also cover members who were administratively suspended and have cured the issue, such as fees now paid. If you resigned your membership or were removed for disciplinary reasons, you will likely need a different process. This application is for returning from a non-practising path, not for new admission.

You would need this form when you plan to provide legal services in British Columbia. That includes giving legal advice, appearing in court, drafting pleadings, or supervising staff who handle client files. You also need it if you will act as in-house counsel and require practising status to advise your employer. Even pro bono work usually requires practising status. The moment you cross from legal information to legal advice, you trigger the need to return to practice.

Typical usage scenarios

• You took parental leave and moved to non-practising status.
• You now want to rejoin your firm and resume client work.
• You retired early, later accepted a part-time role, and need practising status for that role.
• You moved away for a few years, kept your membership non-practising, and now plan to return to British Columbia and open a solo practice.
• You stepped into a policy job outside law and are now joining a litigation team.

Each path requires the same core step: file the DM146886, satisfy competence and insurance requirements, and wait for written approval before you start.

The form also supports risk checks tied to your planned role. If you will be a signatory on a trust account, you will confirm training and controls. If you plan to practise alone, you may provide a basic practice plan. If you have been away for a long time, the regulator may ask for a refresher plan or mentoring. The application is the gateway. It helps the regulator set any needed conditions tailored to your practice.

When Would You Use a DM146886 – Application for Returning to Practice?

You use this application when you are shifting from non-practising or retired back to practising status in British Columbia. You file it before you give legal advice, open client files, or appear as counsel. You also use it when a firm is onboarding you into a practising role and you have not held practising status recently. The timing matters. You should submit well before your planned start date to allow for review.

Consider a few common situations. You have been non-practising for 14 months while on sabbatical. You now have an offer from a mid-sized firm. You need approval before your first day. You file the DM146886 with your employment letter and intended start date. You indicate your practice areas and whether you will handle trust funds. If you will, you confirm trust training. You also outline the steps you took to stay current, like courses or mentorship.

You can use it if you were retired for several years and now want to return part-time. In that case, the regulator may ask for a competence plan. You could propose a staged return, shadowing for a few weeks, followed by limited file work. You would attach any recent training. You would also confirm that your work will be supervised or limited to lower-risk matters at the outset. The form captures these details.

In-house counsel also use the form when they need practising status to advise their employer. You show that you will not serve the public. You indicate whether an insurance exemption applies under local rules. The regulator then sets your status accordingly. You still must confirm your competence and your absence history.

If you were administratively suspended for non-payment, you may use this form after you clear the arrears. You would file proof of payment, confirm your start date, and answer the conduct questions. You still cannot practise until you receive written approval. The application ensures your record is current and your status is formally changed.

If you moved to another province and kept non-practising status in British Columbia, you use this form when you return. You disclose any discipline or complaints in the other jurisdiction. You also list the work you did and the skills you maintained. The regulator will consider your time away, your intended work, and any needed conditions.

You do not use this application if you ended your membership, if you are seeking new admission, or if you were disbarred. Those paths require different processes with higher scrutiny. If you are unsure about your status, contact the regulator before you prepare the form.

Legal Characteristics of the DM146886 – Application for Returning to Practice

This application is a formal, legally significant filing. While it is not a contract, it creates binding obligations through your declarations and undertakings. When you sign, you certify that the information is accurate and complete. You also agree to conditions the regulator may impose as a term of returning to practice. These may include supervision, limits on trust signing, added training, or reporting.

Enforceability flows from the regulator’s authority to set membership status and conditions. Your signature authorizes the regulator to collect and confirm information, such as conduct history and criminal record checks. If you misstate facts or omit material information, you risk refusal, discipline, or future conditions. False declarations can lead to suspension or other sanctions. The regulator may also revoke approval if new facts emerge that affect your fitness.

The form anchors key regulatory checks. It triggers a review of your competence and capacity after time away. It prompts an assessment of insurance eligibility and any applicable exemptions for roles that do not serve the public. It records your trust handling plans, which affects whether you must take or update trust training. It also captures disclosures about financial difficulties that could impact client property, such as bankruptcy, unsatisfied judgments, or tax arrears.

Your privacy rights apply, but you also consent to necessary use of your information for regulatory purposes. The application limits requested health details to what is needed to assess your capacity to practise safely. You can provide a letter from a treating professional rather than detailed clinical notes. You may also request reasonable conditions or accommodations that manage any risks without overreach.

The regulator’s decision is discretionary and based on the totality of your situation. The length of your absence, the type of work you will do, and any risks influence the outcome. Approval may be quick if your absence was short and your plans are low risk. Longer absences or high-risk roles may require more review. In all cases, you must wait for written approval. Practising before approval is unauthorized practice and can lead to sanctions.

How to Fill Out a DM146886 – Application for Returning to Practice

Follow these steps in order. Prepare your documents first. Answer every question fully and clearly. Do not leave gaps.

Step 1: Confirm your eligibility and planned start date

• Verify that you currently hold non-practising, retired, or administratively suspended status. If you are no longer a member, stop and seek the correct process.
• Choose a realistic start date. Build in time for review. Two to four weeks is a common window, but timing varies.
• Do not schedule client work until you have approval in writing.

Step 2: Gather your supporting documents

• Government-issued ID.
• Current resume with a timeline of your legal work and any non-legal roles.
• A brief summary of your activities during your absence.
• Certificates for recent courses or trust training.
• An offer letter or confirmation from your employer, if applicable.
• For solo practice, a simple practice plan and, if relevant, a trust controls outline.
• Details of any discipline, complaints, criminal charges, or civil judgments, with documents.
• If you seek an insurance exemption, a role description that supports the exemption.
• If health or capacity is relevant, a letter from a treating professional addressing fitness to practise.

Step 3: Complete the applicant identification section

• Enter your full legal name and any former names.
• Provide your member number and current non-practising or retired status.
• List your contact details, including an email you monitor.
• Add your date of birth and proof of identity, if asked.

Tip: Keep your name consistent with your ID and corporate records.

Step 4: Describe your membership and absence history

• State the date you last held practising status.
• Describe why you moved to non-practising or retired status.
• Provide the dates and locations of any work during your absence.
• List any jurisdictions where you held membership while away.
• Note any steps you took to maintain competence, such as courses, reading, or mentorship.

Be concise and factual. Timelines matter.

Step 5: Set out your intended practice details

• Provide your anticipated start date.
• Identify your practice setting: firm, solo, in-house, government, or other.
• List your employer or firm name and address. For solo practice, give your business address.
• Identify your supervising lawyer, if applicable, with contact information.
• Describe your primary practice areas.
• Indicate whether you will appear in court or handle files independently.

If you expect material changes within six months, note them now.

Step 6: Insurance and any exemption request

• Confirm whether you will serve the public or only advise your employer.
• If you will serve the public, select practising with insurance.
• If you qualify for an exemption, complete the exemption declaration in the form.
• State the requested coverage or exemption effective date, matching your start date.
• Acknowledge premium payment terms or exemption conditions.

If unsure about exemption eligibility, give your role description. The regulator will decide.

Step 7: Trust accounting and client property

• Indicate whether you will receive or disburse trust funds.
• If yes, identify the trust account institution and proposed signatories, if known.
• Confirm completion of trust training or commit to complete it by a set date.
• Outline basic controls: dual signatures, monthly reconciliations, and segregation of duties.

If you will not handle trust funds, state that clearly.

Step 8: Competence and continuing professional development

• List courses or training completed in the past 12–24 months.
• If you were away for a long period, propose a realistic refresher plan.
• Mention any mentorship or supervision that will support your return.
• If required to complete specific hours, show how you meet or will meet them.

Keep this practical. Align training with your planned practice areas.

Step 9: Good character and conduct disclosures

• Disclose any complaints, investigations, cautions, or discipline in any jurisdiction.
• Disclose criminal charges, peace bonds, or convictions, with dates and outcomes.
• Disclose civil findings related to dishonesty or breach of trust.
• Provide full details, including documents and explanations.

Do not minimize facts. Context helps, but accuracy comes first.

Step 10: Financial responsibility disclosures

• Disclose bankruptcies, consumer proposals, or receiverships, with dates and status.
• Disclose unsatisfied judgments or liens.
• Disclose material tax arrears under any tax authority, if applicable.
• Explain how you have addressed or will address these items.

The regulator assesses risk to client property. Show your plan to manage risks.

Step 11: Capacity and health, if relevant

• If a condition could affect safe practice, disclose it at a high level.
• Provide a letter from a treating professional focused on capacity, not diagnosis.
• Propose any reasonable conditions that support safe practice, if needed.

You do not need to share sensitive details beyond what is required to assess fitness.

Step 12: Law corporation or limited liability partnership details

• If you will practise through a law corporation or LLP, provide its legal name and registration number.
• List directors, shareholders, or partners as required.
• Confirm that permits will be current before the start date.

Align your personal status approval with your entity’s permit timeline.

Step 13: Employer or supervisor confirmation

• Attach a letter on letterhead confirming your role, start date, and duties.
• Identify your supervisor and oversight structure.
• Confirm whether you will handle trust funds or high-risk files.

This letter helps the regulator tailor any conditions to your role.

Step 14: Declarations, undertakings, and consents

• Read each declaration carefully. They often cover truthfulness and ongoing reporting.
• Initial or check each item as the form requires.
• Sign and date the certification. Use your legal name as registered.
• If required, have your signature witnessed or notarized.

Your signature authorizes checks and binds your undertakings.

Step 15: Fees and payment

• Calculate any reinstatement or status change fees shown on the form.
• Add insurance premiums or pro-rated amounts if applicable.
• Pay using an accepted method and include proof of payment with your package.
• Keep your receipt. You may need it if timing is tight.

Unpaid fees can delay approval.

Step 16: Final review and submission

• Use the checklist in the form to confirm all sections are complete.
• Label each attachment with the section number it supports.
• Number your pages for clarity, especially for long disclosures.
• Submit by the method the form permits. Electronic submission is common and faster.
• Note your confirmation number or email acknowledgment.

If you do not receive confirmation, follow up within two business days.

Step 17: Processing and follow-up

• Respond promptly to any requests for more information.
• If asked for a refresher plan or supervisor letter, provide it within the deadline.
• If conditions are proposed, review them and confirm your ability to comply.
• Do not begin practising until you receive written approval specifying your status and any conditions.

Plan onboarding activities that do not involve legal advice while you wait, such as systems setup.

Step 18: After approval

• Save the approval letter in your compliance records.
• Verify that your public listing reflects your practising status.
• If you will manage trust funds, complete all banking arrangements and internal controls.
• Update your email signature and letterhead to reflect your status and entity details.
• Complete any remaining CPD or training by the deadlines.
• Calendar your renewal and reporting dates now.

If your role changes within your first months back, notify the regulator if required.

Examples to guide your completion

• Short absence, firm return: You were non-practising for eight months for parental leave. You are returning to your former firm. In the form, you list your start date and same practice areas. You confirm no trust signing for the first month while you refresh training. You attach your firm’s letter confirming your role and supervisor. Approval often comes quickly.
• Long absence, solo launch: You were retired for five years and plan a small wills practice. You attach a training plan with recent courses. You provide a simple practice plan and trust controls outline. You ask for a condition to avoid acting as a sole trust signatory for 90 days. You agree to a mentor check-in. Approval includes conditions that match your plan.
• In-house role with exemption: You moved to non-practising two years ago. You now have an in-house position with no public clients. You complete the form, request the applicable exemption, and attach your job description. You confirm that you will not handle trust funds. Approval sets your practising status and exemption.
• Administrative suspension cured: You were suspended for non-payment and have now paid. You complete the form, attach proof of payment, and confirm your start date with your employer. You disclose no new conduct issues. Approval restores your practising status after basic checks.

Common pitfalls to avoid

• Practising before approval. Wait for written confirmation.
• Incomplete disclosures. Omissions cause delays and can trigger discipline.
• Vague competence plans. Be specific, with dates and content.
• Missing employer letters. Provide names, duties, and supervision details.
• Misaligned dates. Ensure your start date aligns with insurance effective dates.

Quick checklist before you submit

• Every section answered and consistent.
• Start date realistic and clear.
• Insurance or exemption selection made with support.
• Trust handling status and controls stated.
• Competence activities listed with dates.
• All required disclosures complete with documents.
• Employer or supervisor letter attached.
• Fees paid and receipts included.
• Declarations signed and dated.

You are responsible for the accuracy and integrity of your application. Clear, complete answers help you return to practice on time.

Legal Terms You Might Encounter

• Fitness to practise is a phrase you may see in the DM146886 – Application for Returning to Practice. It refers to your current ability to carry out legal work safely and ethically. It can include your skills, health, readiness, and your plan to practise responsibly. On the form, you confirm your fitness and outline steps that support it, such as supervision or training.
• Conditions are terms the regulator may place on your approval. They manage risk and help you transition back. Common examples include supervision, limited scope work, or training deadlines. In the form, you acknowledge that your approval to return may include conditions and that you will comply with them.
• An undertaking is a promise you give to the regulator. It is enforceable and must be followed strictly. In the DM146886 application, you may be asked to undertake to notify the regulator of any changes, to practise only as approved, or to complete specified training by a set date.
• Supervision means you work under an approved lawyer’s oversight for a period. The goal is to support your return and protect the public. The form may ask for your proposed supervisor’s name, practice area, and supervision plan. You should be ready to detail how reviews, file checks, or sign-off will work.
• Professional liability insurance covers claims arising from your legal services. You must confirm coverage before you restart practice or on approval, depending on the regulator’s process. The DM146886 form usually asks whether you have applied for coverage, your start date, and the insurer’s details, or to confirm that you will not practise until coverage is active.
• Continuing professional development (CPD) refers to learning you complete to maintain competence. You may need to catch up if you were away. The application can ask for your completed hours, planned courses, or a learning plan. Include upcoming sessions and target dates so your plan looks practical and complete.
• Trust account handling covers how you receive and hold client funds. If you will handle trust money, the form may ask about training, controls, and who will be responsible. If not, you can confirm you will not touch trust funds until you meet training or approval requirements.
• Good character relates to honesty, integrity, and candour. It is a common approval factor. The DM146886 form may ask about past conduct, discipline, charges, or complaints. You must disclose fully and explain context and outcomes. Incomplete or late disclosure can delay or affect your approval.
• Practice scope describes what work you will do and where. The application asks for your role, employer, areas of law, and whether you will be an employee, contractor, or sole practitioner. Clear scope helps the regulator assess risk and set any conditions. Keep it specific and aligned with your recent skills and training.
• Change in circumstances means anything that alters your answers after you submit. Examples include a new employer, a health change, or a charge. The DM146886 form often includes a duty to report changes. If something material shifts, you must notify the regulator quickly and in writing.

FAQs

Do you need to secure a job before submitting DM146886?

You do not always need a signed offer, but you do need a credible plan. The form asks for your intended practice setting and role. A conditional offer or a letter of intent helps. If you plan to be self-employed, include a business plan and supervision or mentorship details if required. Without a concrete plan, the review can stall.

Do you have to complete CPD before applying?

You can usually apply while you complete CPD, but you should outline what you have done and what you will do. State the courses, dates, and hours you will meet before your proposed start date. If you owe past credits, explain how you will cure the shortfall and when. Incomplete CPD plans often trigger follow-up questions.

Do you need professional liability insurance in place before approval?

You generally need coverage the moment you resume practice. Many regulators let you submit DM146886 first and then finalize insurance upon approval or just before your start date. On the form, note whether you have applied for coverage and the expected activation date. Do not provide legal services until your policy is active.

Can you work in a non-legal role while your application is pending?

You can work in roles that do not involve practising law. If your role could be seen as legal work, wait for approval. If in doubt, describe the duties in your application and ask the regulator to clarify whether the tasks count as practice. Keep a clear line between legal and non-legal functions to avoid unauthorized practice.

Do you need a supervising lawyer to return?

It depends on your time away, recent experience, and your practice plan. Many returning lawyers need some form of supervision or mentorship, at least for a period. If you expect supervision, include your proposed supervisor’s name, licence status, practice area, and how oversight will work. Confirm that the supervisor agrees to the role.

How long does approval take after you submit DM146886?

Timelines vary with volume and your file’s complexity. Straightforward files can resolve in weeks. Files with conditions, disclosures, or missing documents take longer. You can speed things up by submitting a complete application, responding quickly to follow-ups, and keeping your proposed start date realistic.

Do you need to disclose past complaints, charges, or discipline that were resolved?

Yes. Disclose matters even if closed, withdrawn, or expunged elsewhere, unless the form says otherwise. Provide dates, facts, outcomes, and supporting documents. Candour matters. Missing or partial disclosure often causes delays and can raise concerns about good character.

Can you change your employer or role after submitting?

Yes, but you must notify the regulator right away. Send an updated employer letter, new job description, and any revised supervision or insurance details. If your practice scope changes, the regulator may reassess risk or adjust conditions. Do not start the new role until you have written confirmation.

Checklist: Before, During, and After the DM146886 – Application for Returning to Practice

Before you sign DM146886: gather documents and details

• Identification: Your full legal name, previous names, and member number.
• Contact details: Current residential and business addresses, email, phone.
• Timeline: Exact dates you stopped and plan to resume practice.
• Employment plan: Offer letter or intent, job description, start date, location.
• Supervision: Supervisor’s name, licence status, practice area, consent, plan.
• Insurance: Application status, expected activation date, coverage details.
• CPD: Hours completed, transcripts, planned courses, target completion dates.
• Trust handling: Whether you will handle trust funds; training certificates or plan.
• Discipline and conduct: Explanations and documents for past complaints, findings, or charges.
• Civil claims: Details of malpractice claims or notices, if any, and outcomes.
• Health and fitness: If relevant, a concise note from a treating professional or your plan to return safely.
• Name change: Certificates or court documents if your name changed while away.
• Employment history: Resume covering roles during your time away.
• References: Professional references willing to confirm your suitability, if requested.
• Criminal record check: If required, obtain and keep a recent certificate.
• Employer insurance confirmation: If your employer provides coverage, request a letter.

During signing: verify the form is complete and consistent

• Identity section: Confirm names, member number, and contact details match your ID.
• Practice status: Check the dates of non-practising and intended return.
• Practice scope: Ensure your areas of work and role match your offer or plan.
• Employer details: Confirm legal name, address, and contact person are correct.
• Supervision plan: Make sure the supervisor’s details and the oversight plan are clear.
• Insurance: Verify the status and dates; do not list a start date that predates approval.
• CPD: List completed hours accurately and include a realistic learning plan.
• Trust funds: State clearly whether you will handle trust money. Attach training proof if applicable.
• Disclosures: Answer every question. Add a full explanation and documents where needed.
• Undertakings and consent: Read carefully. Do not sign undertakings you cannot meet.
• Attachments: Label and number each attachment. Cross-reference them in the form.
• Signature and date: Use the required signature format. Date consistently across all pages.
• Certification: If the form requires a witness or commissioner, arrange it correctly.

After signing: filing, notifying, and record-keeping

• Submission method: File DM146886 using the regulator’s accepted channel. Follow any page, format, or naming rules.
• Payment: Pay any fees at submission. Keep proof of payment.
• Acknowledgment: Record the submission date and confirmation number.
• Employer notice: Tell your employer you filed. Share expected timing and any conditions likely to apply.
• Insurance: Keep your insurer informed. Set the policy to start only after approval or on the confirmed start date.
• Follow-ups: Check your email and portal daily. Respond to requests within the stated timelines.
• Approval letter: Wait for written approval before offering legal services.
• Conditions tracking: Note all conditions. Diarize deadlines for training, supervision, or reports.
• Directory updates: Confirm your public profile reflects your practising status once approved.
• Secure storage: Keep the signed form, attachments, and approval letter in your compliance folder.
• Calendar reminders: Set reminders for CPD, insurance renewals, trust audits, and any reporting dates.

Common Mistakes to Avoid DM146886 – Application for Returning to Practice

Leaving gaps in your timeline

• Do not leave missing months or unclear dates for your time away. Consequence: reviewers will pause your file and request clarification, which delays approval.

Minimizing or omitting past issues

• Do not downplay complaints, charges, or discipline. Consequence: incomplete disclosure can raise character concerns and lead to conditions or refusal.

Vague or shifting practice plan

• Do not submit a generic plan or change your role without notice. Consequence: unclear scope makes risk hard to assess and triggers extra questions or re-review.

Insurance assumptions

• Do not start work assuming insurance will be in place. Consequence: you risk unauthorized practice and personal liability if a claim arises.

Weak supervision details

• Do not list a supervisor without their consent or a clear plan. Consequence: your application may be returned for revision or approved with stricter conditions.

Out-of-date contact information

• Do not forget to update your email, phone, and address. Consequence: you may miss requests or conditions, which can cause delays or compliance issues.

What to Do After Filling Out the Form DM146886 – Application for Returning to Practice

File the application with all attachments

• Submit DM146886 using the required channel. Include your employment document, supervision plan, CPD plan, and any disclosures. Pay the fee and keep confirmation. If you do not receive an acknowledgment within a few business days, follow up with your confirmation number and submission date.

Prepare for follow-up questions

• Reviewers often ask for clarifications. Common requests include a more detailed supervision plan, an updated CPD schedule, proof of insurance initiation, or documents supporting disclosures. Keep your phone and email open. Respond within the timeline set in the request to avoid re-queuing.

Coordinate insurance timing

• Work with your insurer to activate coverage on your approved start date. Provide a copy of your approval once received. Do not backdate coverage. If conditions limit your scope, confirm your policy matches those limits.

Confirm employer readiness

• Share your approval letter and any conditions with your employer. Arrange system access, conflicts checks, and any required training. If you must be supervised, agree on meeting frequency, file review processes, and how to record sign-offs. Put this in an internal memo so everyone is aligned.

Complete any pre-start requirements

• If your approval includes conditions, finish them before working unsupervised. Examples include CPD courses, trust training, or signing a supervision agreement. Keep certificates and emails as proof. Notify the regulator once you complete items that require confirmation.

Update your public profile

• Once your practising status is active, confirm that your public entry reflects your return. Check your name, firm, and contact details. Correcting this early prevents client confusion.

Document retention and audit readiness

• Create a compliance folder that includes your signed application, approval letter, insurance certificate, supervision plan, training certificates, and any reports. Retain these records for the required period. This supports future audits and simplifies annual filings.

If your plan changes, file an amendment

• If you switch employers, change your role, move to a new location, or adjust your practice scope, notify the regulator promptly. Provide updated details, a revised supervision plan if needed, and confirm insurance alignment. Wait for written confirmation before changing your work.

Do not practise until you have written approval

• Verbal updates are not enough. Wait for the official letter or status update. Starting early can be treated as unauthorized practice and may lead to discipline or conditions.

If your application is not approved

• If you receive proposed conditions or a refusal, read the reasons carefully. You may be able to submit more information, accept revised conditions, or propose a safer plan. Respond within the deadlines. Keep a record of all correspondence.

Communicate with clients and colleagues

• If you are returning to an existing client base, announce your return after approval. Be clear about your scope, location, and availability. If your approval includes conditions, ensure your workflows respect them. Train your team on routing trust funds if you are restricted.

Maintain momentum on CPD and supervision

• Set a schedule for ongoing CPD aligned with your practice area. If supervised, book recurring check-ins and case reviews. Keep a simple log. This supports competence and shows compliance if asked.

Plan your first 90 days

• Focus on updated procedures, conflicts screening, document management, and trust processes. Shadow a colleague on complex files. Start with a limited scope if needed and expand as you complete training and meet milestones.