B-1 - Act respecting the Barreau du Québec

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70. (1)  A person who ceases to be entered on the Roll may apply for re-entry by filling out the form furnished by the Bar and sending it to the executive director 45 days before the date on which he intends to again become a member in good standing of the Bar. He shall also deposit the amount of the contributions exigible for the current year, and the dues determined by the board of directors, at the head office of the Bar.
(2)  The executive director shall immediately notify the syndic, the secretary of the Professional Inspection Committee, the secretary of the last section to which the applicant belonged and the secretary of the section for which he intends to be entered on the Roll.
(3)  The executive director shall refer to the board of directors any objection to such application filed in writing that he receives before the expiry of the 45 days.
(4)  The board of directors shall examine the record of the applicant; it shall inquire as to whether the applicant has the required moral character, conduct, skills, knowledge and qualifications to be a member in good standing of the Bar and it shall decide on his admission. It shall hear the applicant, the witnesses for the applicant or any other person.
The board of directors shall have, for its examination, all the powers of the Superior Court to compel, by subpoena signed by one of its members, the applicant, the witnesses for the applicant or any other person to appear, to answer under oath and to produce any document. The provisions of the Code of Civil Procedure (chapter C-25.01) apply, adapted as required, for the purposes of this subsection.
The board of directors, in rendering its decision, may impose on the applicant any conditions relating to the practice of the profession which it considers reasonable for the protection of the public.
(5)  An appeal lies to the Professions Tribunal from the decision of the board of directors, in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C-26). The decision of the board of directors shall be served on the applicant in accordance with the Code of Civil Procedure.
(6)  If no objection is made within the 45 days or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate referred to in section 61 and inform the secretary of the section to which the applicant wishes to belong. The executive director may also issue the certificate before the expiry of the 45 days if he receives a notice in writing from the persons notified under subsection 2 to the effect that no objection will be made.
(7)  This section applies, adapted as required, to retired advocates who apply for entry on the Roll in the category of practising advocates.
1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16; 1984, c. 27, s. 48; 1986, c. 95, s. 29; 1990, c. 54, s. 40; 1994, c. 40, s. 255; 1999, c. 40, s. 36; 2007, c. 35, s. 9; 2008, c. 11, s. 171, s. 212; 2014, c. 13, s. 17; I.N. 2016-01-01 (NCCP).
70. (1)  A person who ceases to be entered on the Roll may apply for re-entry by filling out the form furnished by the Bar and sending it to the executive director 45 days before the date on which he intends to again become a member in good standing of the Bar. He shall also deposit the amount of the contributions exigible for the current year, and the dues determined by the board of directors, at the head office of the Bar.
(2)  The executive director shall immediately notify the syndic, the secretary of the Professional Inspection Committee, the secretary of the last section to which the applicant belonged and the secretary of the section for which he intends to be entered on the Roll.
(3)  The executive director shall refer to the board of directors any objection to such application filed in writing that he receives before the expiry of the 45 days.
(4)  The board of directors shall examine the record of the applicant; it shall inquire as to whether the applicant has the required moral character, conduct, skills, knowledge and qualifications to be a member in good standing of the Bar and it shall decide on his admission. It shall hear the applicant, the witnesses for the applicant or any other person.
The board of directors shall have, for its examination, all the powers of the Superior Court to compel, by summons signed by one of its members, the applicant, the witnesses for the applicant or any other person to appear, to answer under oath and to produce any document. The provisions of the Code of Civil Procedure (chapter C-25) apply, adapted as required, for the purposes of this subsection.
The board of directors, in rendering its decision, may impose on the applicant any conditions relating to the practice of the profession which it considers reasonable for the protection of the public.
(5)  An appeal lies to the Professions Tribunal from the decision of the board of directors, in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C-26). The decision of the board of directors shall be served on the applicant in accordance with the Code of Civil Procedure.
(6)  If no objection is made within the 45 days or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate referred to in section 61 and inform the secretary of the section to which the applicant wishes to belong. The executive director may also issue the certificate before the expiry of the 45 days if he receives a notice in writing from the persons notified under subsection 2 to the effect that no objection will be made.
(7)  This section applies, adapted as required, to retired advocates who apply for entry on the Roll in the category of practising advocates.
1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16; 1984, c. 27, s. 48; 1986, c. 95, s. 29; 1990, c. 54, s. 40; 1994, c. 40, s. 255; 1999, c. 40, s. 36; 2007, c. 35, s. 9; 2008, c. 11, s. 171, s. 212; 2014, c. 13, s. 17.
70. (1)  A person who ceases to be entered on the Roll may apply for re-entry by filling out the form furnished by the Bar and sending it to the executive director 45 days before the date on which he intends to again become a member in good standing of the Bar. He shall also deposit the amount of the contributions exigible for the current year, and the dues determined by the General Council, at the head office of the Bar.
(2)  The executive director shall immediately notify the syndic, the secretary of the Professional Inspection Committee, the secretary of the last section to which the applicant belonged and the secretary of the section for which he intends to be entered on the Roll.
(3)  The executive director shall refer to the executive committee any objection to such application filed in writing that he receives before the expiry of the 45 days.
(4)  The executive committee shall examine the record of the applicant; it shall inquire as to whether the applicant has the required moral character, conduct, skills, knowledge and qualifications to be a member in good standing of the Bar and it shall decide on his admission. It shall hear the applicant, the witnesses for the applicant or any other person.
The executive committee shall have, for its examination, all the powers of the Superior Court to compel, by summons signed by one of its members, the applicant, the witnesses for the applicant or any other person to appear, to answer under oath and to produce any document. The provisions of the Code of Civil Procedure (chapter C-25) apply, adapted as required, for the purposes of this subsection.
The executive committee, in rendering its decision, may impose on the applicant any conditions relating to the practice of the profession which it considers reasonable for the protection of the public.
(5)  An appeal lies to the Professions Tribunal from the decision of the executive committee, in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C-26). The decision of the executive committee shall be served on the applicant in accordance with the Code of Civil Procedure (chapter C-25).
(6)  If no objection is made within the 45 days or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate referred to in section 61 and inform the secretary of the section to which the applicant wishes to belong. The executive director may also issue the certificate before the expiry of the 45 days if he receives a notice in writing from the persons notified under subsection 2 to the effect that no objection will be made.
(7)  This section applies, adapted as required, to retired advocates who apply for entry on the Roll in the category of practising advocates.
1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16; 1984, c. 27, s. 48; 1986, c. 95, s. 29; 1990, c. 54, s. 40; 1994, c. 40, s. 255; 1999, c. 40, s. 36; 2007, c. 35, s. 9; 2008, c. 11, s. 171, s. 212.
70. (1)  A person who ceases to be entered on the Roll may apply for re-entry by filling out the form furnished by the Bar and sending it to the executive director 45 days before the date on which he intends to again become a member in good standing of the Bar. He shall also deposit the amount of the contributions exigible for the current year, and the dues determined by resolution passed by the General Council, at the head office of the Bar.
(2)  The executive director shall immediately notify the syndic, the secretary of the Professional Inspection Committee, the secretary of the last section to which the applicant belonged and the secretary of the section for which he intends to be entered on the Roll.
(3)  The executive director shall refer to the Executive Committee any objection to such application filed in writing that he receives before the expiry of the 45 days.
(4)  The Executive Committee shall examine the record of the applicant; it shall inquire as to whether the applicant has the required moral character, conduct, skills, knowledge and qualifications to be a member in good standing of the Bar and it shall decide on his admission. It shall hear the applicant, the witnesses for the applicant or any other person.
The Executive Committee shall have, for its examination, all the powers of the Superior Court to compel, by summons signed by one of its members, the applicant, the witnesses for the applicant or any other person to appear, to answer under oath and to produce any document. The provisions of the Code of Civil Procedure (chapter C‐25) apply, adapted as required, for the purposes of this subsection.
The Executive Committee, in rendering its decision, may impose on the applicant any conditions relating to the practice of the profession which it considers reasonable for the protection of the public.
(5)  An appeal lies to the Professions Tribunal from the decision of the Executive Committee, in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C‐26). The decision of the Executive Committee shall be served on the applicant in accordance with the Code of Civil Procedure (chapter C‐25).
(6)  If no objection is made within the 45 days or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate referred to in section 61 and inform the secretary of the section to which the applicant wishes to belong. The executive director may also issue the certificate before the expiry of the 45 days if he receives a notice in writing from the persons notified under subsection 2 to the effect that no objection will be made.
(7)  This section applies, adapted as required, to retired advocates who apply for entry on the Roll in the category of practising advocates.
1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16; 1984, c. 27, s. 48; 1986, c. 95, s. 29; 1990, c. 54, s. 40; 1994, c. 40, s. 255; 1999, c. 40, s. 36; 2007, c. 35, s. 9.
70. (1)  A person who ceases to be entered on the Roll may apply for re-entry by filing out the form furnished by the Bar and sending it to the executive director 45 days before the date on which he intends to resume practice. He shall also deposit the amount of the contributions exigible for the current year, and the dues determined by resolution passed by the General Council, at the head office of the Bar.
(2)  The executive director shall immediately notify the syndic, the secretary of the Professional Inspection Committee, the secretary of the last section to which the applicant belonged and the secretary of the section where he intends to practise.
(3)  The executive director shall refer to the Executive Committee any objection to such application filed in writing that he receives before the expiry of the 45 days.
(4)  The Executive Committee shall examine the record of the applicant; it shall inquire as to whether the applicant has the required moral character, conduct, skills, knowledge and qualifications to practise the profession and it shall decide on his admission. It shall hear the applicant, the witnesses for the applicant or any other person.
The Executive Committee shall have, for its examination, all the powers of the Superior Court to compel, by summons signed by one of its members, the applicant, the witnesses for the applicant or any other person to appear, to answer under oath and to produce any document. The provisions of the Code of Civil Procedure (chapter C‐25) apply, adapted as required, for the purposes of this subsection.
The Executive Committee, in rendering its decision, may impose on the applicant any conditions relating to the practice of the profession which it considers reasonable for the protection of the public.
(5)  An appeal lies to the Professions Tribunal from the decision of the Executive Committee, in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C‐26). The decision of the Executive Committee shall be served on the applicant in accordance with the Code of Civil Procedure (chapter C‐25).
(6)  If no objection is made within the 45 days or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate referred to in section 61 and inform the secretary of the section to which the applicant wishes to belong. The executive director may also issue the certificate before the expiry of the 45 days if he receives a notice in writing from the persons notified under subsection 2 to the effect that no objection will be made.
1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16; 1984, c. 27, s. 48; 1986, c. 95, s. 29; 1990, c. 54, s. 40; 1994, c. 40, s. 255; 1999, c. 40, s. 36.
70. (1)  A person who ceases to be entered on the Roll may apply for re-entry by filing out the form furnished by the Bar and sending it to the executive director 45 days before the date on which he intends to resume practice. He shall also deposit the amount of the contributions exigible for the current year, and the dues determined by resolution passed by the General Council, at the corporate seat of the Bar.
(2)  The executive director shall immediately notify the syndic, the secretary of the Professional Inspection Committee, the secretary of the last section to which the applicant belonged and the secretary of the section where he intends to practise.
(3)  The executive director shall refer to the Executive Committee any objection to such application filed in writing that he receives before the expiry of the 45 days.
(4)  The Executive Committee shall examine the record of the applicant; it shall inquire as to whether the applicant has the required moral character, conduct, skills, knowledge and qualifications to practise the profession and it shall decide on his admission. It shall hear the applicant, the witnesses for the applicant or any other person.
The Executive Committee shall have, for its examination, all the powers of the Superior Court to compel, by summons signed by one of its members, the applicant, the witnesses for the applicant or any other person to appear, to answer under oath or solemn affirmation and to produce any document. The provisions of the Code of Civil Procedure (chapter C-25) apply, adapted as required, for the purposes of this subsection.
The Executive Committee, in rendering its decision, may impose on the applicant any conditions relating to the practice of the profession which it considers reasonable for the protection of the public.
(5)  An appeal lies to the Professions Tribunal from the decision of the Executive Committee, in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C-26). The decision of the Executive Committee shall be served on the applicant in accordance with the Code of Civil Procedure (chapter C-25).
(6)  If no objection is made within the 45 days or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate referred to in section 61 and inform the secretary of the section to which the applicant wishes to belong. The executive director may also issue the certificate before the expiry of the 45 days if he receives a notice in writing from the persons notified under subsection 2 to the effect that no objection will be made.
1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16; 1984, c. 27, s. 48; 1986, c. 95, s. 29; 1990, c. 54, s. 40; 1994, c. 40, s. 255.
70. (1)  A person who ceases to be entered on the Roll may apply for re-entry by filing out the form furnished by the Bar and sending it to the executive director 45 days before the date on which he intends to resume practice. He shall also deposit the amount of the contributions exigible for the current year, and the dues determined by resolution passed under subparagraph o of the first paragraph of section 86 of the Professional Code (chapter C-26), at the corporate seat of the Bar.
(2)  The executive director shall immediately notify the syndic, the secretary of the Professional Inspection Committee, the secretary of the last section to which the applicant belonged and the secretary of the section where he intends to practise.
(3)  The executive director shall refer to the Executive Committee any objection to such application filed in writing that he receives before the expiry of the 45 days.
(4)  The Executive Committee shall examine the record of the applicant; it shall inquire as to whether the applicant has the required moral character, conduct, skills, knowledge and qualifications to practise the profession and it shall decide on his admission. It shall hear the applicant, the witnesses for the applicant or any other person.
The Executive Committee shall have, for its examination, all the powers of the Superior Court to compel, by summons signed by one of its members, the applicant, the witnesses for the applicant or any other person to appear, to answer under oath or solemn affirmation and to produce any document. The provisions of the Code of Civil Procedure (chapter C-25) apply, adapted as required, for the purposes of this subsection.
The Executive Committee, in rendering its decision, may impose on the applicant any conditions relating to the practice of the profession which it considers reasonable for the protection of the public.
(5)  An appeal lies to the Professions Tribunal from the decision of the Executive Committee. The provisions of subdivision 5 of Division VII of Chapter IV of the Professional Code, adapted as required, apply to the appeal from the decision.
(6)  If no objection is made within the 45 days or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate referred to in section 61 and inform the secretary of the section to which the applicant wishes to belong. The executive director may also issue the certificate before the expiry of the 45 days if he receives a notice in writing from the persons notified under subsection 2 to the effect that no objection will be made.
1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16; 1984, c. 27, s. 48; 1986, c. 95, s. 29; 1990, c. 54, s. 40.
70. (1)  A person who ceases to practise the profession may resume it on giving 45 days’ notice of his intention to the executive director on the form furnished by the Bar and depositing the amount of the contributions due for the current year at the corporate seat of the Bar.
(2)  The executive director shall immediately advise the syndic, the secretary of the last section to which the applicant belonged, and the secretary of the section where he intends to practise.
(3)  If an objection to such application is filed in writing with the executive director, he shall refer it to the Executive Committee.
(4)  The Executive Committee shall hear the parties and their witnesses, and inquire as to whether the applicant has the required moral character, qualifications, conduct and competence to practise the profession.
(5)  An appeal shall lie to the Professions Tribunal, in accordance with the procedure provided in the Professional Code (chapter C-26), from a decision of the Executive Committee.
(6)  If no objection is made within 45 days or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate provided for in section 61 and so advise the secretary of the section where the applicant intends to practise.
1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16; 1984, c. 27, s. 48; 1986, c. 95, s. 29.
70. (1)  A person who ceases to practise the profession may resume it on giving 45 days’ notice of his intention to the executive director on the form furnished by the Bar and depositing the amount of the contributions due for the current year at the corporate seat of the Bar.
(2)  The executive director shall immediately advise the syndic, the secretary of the last section to which the applicant belonged, and the secretary of the section where he intends to practise.
(3)  If an objection to such application is filed in writing with the executive director, he shall refer it to the Executive Committee.
(4)  The Executive Committee shall hear the parties and their witnesses, and inquire into the morals, qualifications, conduct and competence of the applicant.
(5)  An appeal shall lie to the Professions Tribunal, in accordance with the procedure provided in the Professional Code, from a decision of the Executive Committee.
(6)  If no objection is made within 45 days or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate provided for in section 61 and so advise the secretary of the section where the applicant intends to practise.
1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16; 1984, c. 27, s. 48.
70. (1)  A person who ceases to practise the profession may resume it on giving one month’s notice of his intention to the executive director and depositing the amount of the contributions due for the current year at the corporate seat of the Bar.
(2)  The executive director shall immediately advise the syndic, the secretary of the last section to which the applicant belonged, and the secretary of the section where he intends to practise.
(3)  If an objection to such application is filed in writing with the executive director, he shall refer it to the Executive Committee.
(4)  The Executive Committee shall hear the parties and their witnesses, and inquire into the morals, qualifications, conduct and competence of the applicant.
(5)  An appeal shall lie to the Professions Tribunal, in accordance with the procedure provided in the Professional Code, from a decision of the Executive Committee.
(6)  If no objection is made during the month or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate provided for in section 61 and so advise the secretary of the section where the applicant intends to practise.
1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16.