A-14, r. 5.01 - Agreement between the Minister of Justice and the Barreau du Québec respecting the tariff of fees of advocates for legal services under paragraph 1.1 of section 4.7 of the Act respecting legal aid and the provision of certain other legal services and the dispute settlement procedure

Updated to 18 September 2013

This document has official status.

chapter A-14, r. 5.01

Agreement between the Minister of Justice and the Barreau du Québec respecting the tariff of fees of advocates for legal services under paragraph 1.1 of section 4.7 of the Act respecting legal aid and the provision of certain other legal services and the dispute settlement procedure

Act respecting legal aid and the provision of certain other legal services

(chapter A-14, s. 83.21).

This agreement remains in force after 30 September 2017 until it is replaced.

PRELIMINARY

1. This Agreement establishes the tariff of fees applicable to advocates in private practice to whom a legal aid mandate is entrusted for the legal services provided for in paragraph 1.1 of section 4.7 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14).

The Agreement provides for a flat fee for all the legal services provided; no other fee, travel compensation or other expenses are eligible.

The Agreement also provides rules concerning dispute settlement.

Decision 2013-09-12, s. 1.

CHAPTER I TARIFF OF FEES

2. For all the legal services provided until a judgment is obtained on an agreement between the parties submitted in a joint application for the review of a judgment, an advocate is entitled to a flat fee of $400.

Where legal aid is withdrawn under section 4.11.1 of the Act or the recipients waive legal aid before an agreement between the parties is filed with the court office, an advocate is entitled, for all the services rendered by the advocate, to a flat fee of $100.

Where legal aid is withdrawn under section 4.11.1 of the Act or the recipients waive legal aid after an agreement between the parties is filed with the court office, an advocate is entitled, for all the services rendered by the advocate, to a flat fee of $200.

Decision 2013-09-12, s. 2.

3. Subject to section 81.1 of the Regulation respecting the application of the Act respecting legal aid and the provision of certain other legal services (chapter A-14, r. 4), where more than 1 advocate has rendered services, each advocate is entitled to the portion of the flat fee corresponding to the services the advocate has rendered up to a maximum amount of $400 that may be paid to all the advocates.

Decision 2013-09-12, s. 3.

CHAPTER II DISPUTE SETTLEMENT PROCEDURE

4. The dispute settlement procedure provided for in Part III of the Agreement between the Minister of Justice and the Barreau du Québec respecting the tariff of fees and expenses of advocates under the legal aid plan and the dispute settlement procedure applies with the necessary modifications.

Decision 2013-09-12, s. 4.

CHAPTER III FINAL

5. This Agreement expires on 30 September 2017.

Decision 2013-09-12, s. 5.

REFERENCES

Decision 2013-09-12, 2013 G.O. 2, 2604