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B-1 - Act respecting the Barreau du Québec

Section 122
Disposition versions

Full text
122. (1)  A person shall become disqualified from practising the profession of advocate and shall lose his status of member of the Bar when:
(a)  (paragraph repealed);
(b)  he holds a position or an office incompatible with the practice or dignity of the profession of advocate;
(c)  he is under tutorship or under a protection mandate;
(d)  he assigns his property or an order of sequestration is made against it under the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3).
(2)  In a case contemplated in paragraph d of subsection 1 and upon a petition addressed to the executive director, the board of directors may, after ascertaining that the protection of the public will not be jeopardized, declare the applicant qualified to practise and attach such conditions to his practice of the profession as it deems reasonable for such protection.
A person declared qualified to practise by the board of directors under the first paragraph resumes his full right to practise from his release under the Bankruptcy and Insolvency Act unless the board of directors has prescribed conditions under the said paragraph, in which case the person must comply with them.
A person who has become disqualified from practising under paragraph d of subsection 1 and to whom the first two paragraphs do not apply may, after obtaining a release under the Bankruptcy and Insolvency Act, apply for re-entry on the Roll by following the requirements of section 70.
Division VII of Chapter IV of the Professional Code (chapter C-26), except section 156, applies.
1966-67, c. 77, s. 122; 1973, c. 44, s. 69; 1975, c. 81, s. 54; 1989, c. 54, s. 158; 1990, c. 54, s. 73; 1994, c. 40, s. 262; 2008, c. 11, s. 212; 2014, c. 13, s. 17; 2020, c. 11, s. 175.
122. (1)  A person shall become disqualified from practising the profession of advocate and shall lose his status of member of the Bar when:
(a)  (paragraph repealed);
(b)  he holds a position or an office incompatible with the practice or dignity of the profession of advocate;
(c)  he is provided with a tutor, a curator or an adviser;
(d)  he assigns his property or an order of sequestration is made against it under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3).
(2)  In a case contemplated in paragraph d of subsection 1 and upon a petition addressed to the executive director, the board of directors may, after ascertaining that the protection of the public will not be jeopardized, declare the applicant qualified to practise and attach such conditions to his practice of the profession as it deems reasonable for such protection.
A person declared qualified to practise by the board of directors under the first paragraph resumes his full right to practise from his release under the Bankruptcy and Insolvency Act unless the board of directors has prescribed conditions under the said paragraph, in which case the person must comply with them.
A person who has become disqualified from practising under paragraph d of subsection 1 and to whom the first two paragraphs do not apply may, after obtaining a release under the Bankruptcy and Insolvency Act, apply for re-entry on the Roll by following the requirements of section 70.
Division VII of Chapter IV of the Professional Code (chapter C-26), except section 156, applies.
1966-67, c. 77, s. 122; 1973, c. 44, s. 69; 1975, c. 81, s. 54; 1989, c. 54, s. 158; 1990, c. 54, s. 73; 1994, c. 40, s. 262; 2008, c. 11, s. 212; 2014, c. 13, s. 17.
122. (1)  A person shall become disqualified from practising the profession of advocate and shall lose his status of member of the Bar when:
(a)  (paragraph repealed);
(b)  he holds a position or an office incompatible with the practice or dignity of the profession of advocate;
(c)  he is provided with a tutor, a curator or an adviser;
(d)  he assigns his property or an order of sequestration is made against it under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3).
(2)  In a case contemplated in paragraph d of subsection 1 and upon a petition addressed to the executive director, the executive committee may, after ascertaining that the protection of the public will not be jeopardized, declare the applicant qualified to practise and attach such conditions to his practice of the profession as it deems reasonable for such protection.
A person declared qualified to practise by the executive committee under the first paragraph resumes his full right to practise from his release under the Bankruptcy and Insolvency Act unless the executive committee has prescribed conditions under the said paragraph, in which case the person must comply with them.
A person who has become disqualified from practising under paragraph d of subsection 1 and to whom the first two paragraphs do not apply may, after obtaining a release under the Bankruptcy and Insolvency Act, apply for re-entry on the Roll by following the requirements of section 70.
Division VII of Chapter IV of the Professional Code (chapter C-26), except section 156, applies.
1966-67, c. 77, s. 122; 1973, c. 44, s. 69; 1975, c. 81, s. 54; 1989, c. 54, s. 158; 1990, c. 54, s. 73; 1994, c. 40, s. 262; 2008, c. 11, s. 212.
122. (1)  A person shall become disqualified from practising the profession of advocate and shall lose his status of member of the Bar when:
(a)  (paragraph repealed);
(b)  he holds a position or an office incompatible with the practice or dignity of the profession of advocate;
(c)  he is provided with a tutor, a curator or an adviser;
(d)  he assigns his property or an order of sequestration is made against it under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3).
(2)  In a case contemplated in paragraph d of subsection 1 and upon a petition addressed to the executive director, the Executive Committee may, after ascertaining that the protection of the public will not be jeopardized, declare the applicant qualified to practise and attach such conditions to his practice of the profession as it deems reasonable for such protection.
A person declared qualified to practise by the Executive Committee under the first paragraph resumes his full right to practise from his release under the Bankruptcy and Insolvency Act unless the Executive Committee has prescribed conditions under the said paragraph, in which case the person must comply with them.
A person who has become disqualified from practising under paragraph d of subsection 1 and to whom the first two paragraphs do not apply may, after obtaining a release under the Bankruptcy and Insolvency Act, apply for re-entry on the Roll by following the requirements of section 70.
Division VII of Chapter IV of the Professional Code (chapter C-26), except section 156, applies.
1966-67, c. 77, s. 122; 1973, c. 44, s. 69; 1975, c. 81, s. 54; 1989, c. 54, s. 158; 1990, c. 54, s. 73; 1994, c. 40, s. 262.
122. (1)  A person shall become disqualified from practising the profession of advocate and shall lose his status of member of the Bar when:
(a)  he ceases to be entered on the Roll;
(b)  he holds a position or an office incompatible with the practice or dignity of the profession of advocate;
(c)  he is provided with a tutor, a curator or an adviser;
(d)  he assigns his property or an order of sequestration is made against it under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3).
(2)  In a case contemplated in paragraph d of subsection 1 and upon a petition addressed to the executive director, the Executive Committee may, after ascertaining that the protection of the public will not be jeopardized, declare the applicant qualified to practise and attach such conditions to his practice of the profession as it deems reasonable for such protection.
A person declared qualified to practise by the Executive Committee under the first paragraph resumes his full right to practise from his release under the Bankruptcy and Insolvency Act unless the Executive Committee has prescribed conditions under the said paragraph, in which case the person must comply with them.
A person who has become disqualified from practising under paragraph d of subsection 1 and to whom the first two paragraphs do not apply may, after obtaining a release under the Bankruptcy and Insolvency Act, apply for re-entry on the Roll by following the requirements of section 70.
Division X, except section 113 applies.
1966-67, c. 77, s. 122; 1973, c. 44, s. 69; 1975, c. 81, s. 54; 1989, c. 54, s. 158; 1990, c. 54, s. 73.
122. (1)  A person shall become disqualified from practising the profession of advocate and shall lose his status of member of the Bar when:
(a)  he ceases to be entered on the Roll;
(b)  he holds a position or an office incompatible with the practice or dignity of the profession of advocate;
(c)  he is provided with a tutor, a curator or an adviser;
(d)  he assigns his property or an order of sequestration is made against it under the Bankruptcy Act (Revised Statutes of Canada, 1985, chapter B-3).
(2)  In a case contemplated in paragraph d of subsection 1 and upon a petition addressed to the executive director, the Executive Committee may, after ascertaining that the protection of the public will not be jeopardized, declare the applicant qualified to practise and attach such conditions to his practice of the profession as it deems reasonable for such protection.
A person declared qualified to practise by the Executive Committee under the first paragraph resumes his full right to practise from his release under the Bankruptcy Act unless the Executive Committee has prescribed conditions under the said paragraph, in which case the person must comply with them.
A person who has become disqualified from practising under paragraph d of subsection 1 and to whom the first two paragraphs do not apply may, after obtaining a release under the Bankruptcy Act, apply for re-entry on the Roll by following the requirements of section 70.
Division X, except section 113 applies.
1966-67, c. 77, s. 122; 1973, c. 44, s. 69; 1975, c. 81, s. 54; 1989, c. 54, s. 158; 1990, c. 54, s. 73.
122. (1)  A person shall become disqualified from practising the profession of advocate and shall lose his status of member of the Bar when:
(a)  he ceases to be entered on the Roll;
(b)  he holds a position or an office incompatible with the practice or dignity of the profession of advocate;
(c)  he is provided with a tutor, a curator or an adviser;
(d)  he assigns his property or an order of sequestration is made against it under the Bankruptcy Act.
(2)  In the case contemplated in subparagraph d of subsection 1, the Executive Committee may, pursuant to a sworn petition addressed to the executive director, declare the petitioner qualified to practise, on the conditions he determines, after ascertaining that the protection of the public would not be jeopardized.
Division X, except section 113 applies.
1966-67, c. 77, s. 122; 1973, c. 44, s. 69; 1975, c. 81, s. 54; 1989, c. 54, s. 158.
122. (1)  A person shall become disqualified from practising the profession of advocate and shall lose his status of member of the Bar when:
(a)  he ceases to be entered on the Roll;
(b)  he holds a position or an office incompatible with the practice or dignity of the profession of advocate;
(c)  he is provided with a curator or a judicial adviser;
(d)  he assigns his property or an order of sequestration is made against it under the Bankruptcy Act.
(2)  In the case contemplated in subparagraph d of subsection 1, the Executive Committee may, pursuant to a sworn petition addressed to the executive director, declare the petitioner qualified to practise, on the conditions he determines, after ascertaining that the protection of the public would not be jeopardized.
Division X, except section 113 applies.
1966-67, c. 77, s. 122; 1973, c. 44, s. 69; 1975, c. 81, s. 54.
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