Overview of the May 2021 NCA Assessment Policy
On the 19th of May, 2021, the NCA released an updated assessment policy. This policy comes into effect on June 1, 2021. In this post, we’ll highlight four key changes made to the policy.
1) 5.1.2 & 7.3.1 - Local Learning Centre
The policy has been updated to make clear that anyone who completed a law degree through distance learning, and who attended classes at a local satellite learning centre, will not be eligible to count the time spent at the local learning centre for the purpose of satisfying the interactive learning requirement under subsection 7.2. In other words, time spent in a local learning centre is the same as distance learning for the purposes of your NCA assessment.
2) 7.2 - Interactive Learning
The second major update in the assessment policy is found in subsection 7.2 “Interactive Learning”. This section requires that at least 2/3 of an applicant’s law degree be obtained through interactive learning. If the interactive learning is not entirely completed through in-person courses, then at least one out of three years must be in-person instruction. The remaining third of the interactive learning must give students the opportunity to develop legal problem solving and legal communications skills in at least 6/8 components:
a) reliable access for instructor and students to all media and applications used in the delivery of the Course;
b. a synchronous element providing direct interaction between instructor and students that accounts for no less than 1/3 of the scheduled course hours;
c. mechanisms to ensure students satisfy the 1/3 requirement;
d. mechanisms to provide formative feedback to students;
e. mechanisms to assess student progress, which may include assignments, in-class presentations, or in-class participation;
f. methods to assist students in developing oral communications skills, including in-class participation, presentations or participation in discussion groups;
g. methods of assessment that:
i. are developed by the instructor;
ii. are monitored by the instructor or their delegate;
iii. ensure students satisfy the relevant elements of the National Requirement;
iv. provide some guarantee against academic misconduct, and
v. are assessed by the instructor.
h. ready access for students to online legal resources including:
i. Case law for the relevant jurisdiction;
ii. Legislation legislation for the relevant jurisdiction;
iii. Research research tools including digests, loose-leaf services or forms;
iv. Treatises for the relevant jurisdiction; and v. Leading leading journals for Core Subjects.
3) 10.3.1 - New Legal Research Requirement
Candidates whose applications are assessed on January 1, 2022, or later, must satisfy a new legal research requirement. This requirement may be satisfied by taking a course in legal research and writing with the Canadian Centre for Professional Legal Education (CPLED) or through an approved Canadian Common Law Program.
4) 13.4.1 - Request to Extend Validity Period
Applicants may send a request to the Executive Director to extend the validity of their assessment beyond the five years. This may be done either before or after the expiry of your assessment. Reasons for why the extension is justified must be provided and the Executive Director may, at her sole discretion, grant the request.
These are the key changes to the NCA assessment policy but there are other updates that you may wish to review. To facilitate your review, we have uploaded a redline version of the changes.