A-14, r. 9 - Regulation respecting the tariff of fees and expenses of advocates in the course of providing certain legal services and the dispute settlement procedure

Section 63 Disposition versions

2012-09-01

63. An advocate is entitled to a travel allowance only if the destination is farther than a radius of 25 km from his or her office.

When using his or her personal motor vehicle, an advocate is entitled to the travel allowance per kilometre provided for in section 8 of the Directive sur les frais remboursables lors d’un déplacement et autres frais inhérents (C.T. 202754, 2005-08-30) as established under the Public Administration Act (chapter A-6.01), subject to the following special rules:

(1)  according to the distance actually travelled, in the case of a trip beyond a 25 km radius from his or her office and within the boundaries of the judicial district where the advocate has his or her office;

(2)  according to the distance actually travelled up to a maximum of 200 km, in the case of a trip beyond a 25 km radius from his or her office and within the boundaries of the judicial district where the advocate has his or her office;

(3)  according to the distance actually travelled, in the case of an attendance at the Supreme Court of Canada, at the Court of Appeal of Québec or at the Federal Court, made outside the boundaries of the judicial district where the advocate has his or her office, or of an attendance at a court or body which carries out its jurisdiction outside the boundaries of the judicial district where the advocate has his or her office; notwithstanding the preceding, where the advocate has his or her office in a judicial district other than the district where the legal aid centre which issued the mandate is located, the advocates elects to receive either the reimbursement established in subparagraph 2 or a reimbursement established according to the distance between the place where the mandate was issued and that where the court in question sits;

(4)  according to the distance actually travelled, in the case of a trip made with the authorization of the Commission or the director general of the regional centre of the location where the proceeding or trial is to take place or continues, outside the boundaries of the judicial district where the advocate has his or her office, where the nature or complexity of the matter requires that the mandate be given to that advocate.

The advocate who is entitled to a transportation allowance is also entitled to the reimbursement of the parking expenses incurred.

M.O. 2960, s. 63.