A-14, r. 5.4 - Agreement dated 11 October 2024 between the Minister of Justice and the Barreau du Québec respecting the tariff of fees and expenses of advocates rendering services in criminal and penal matters and the dispute settlement procedure

Updated to 30 October 2024

This document has official status.

chapter A-14, r. 5.4

Agreement dated 11 October 2024 between the Minister of Justice and the Barreau du Québec respecting the tariff of fees and expenses of advocates rendering services in criminal and penal matters and the dispute settlement procedure

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

(chapter A-14, s. 83.21).

1. This Agreement establishes the tariff of fees applicable to advocates in private practice who render services in criminal and penal matters to persons who receive legal aid or other legal services under the Act respecting legal aid and the provision of certain other legal services (chapter A-14), except advocates who have entered into a professional services contract with the Commission des services juridiques.

The Agreement also establishes rules dealing with expenses and dispute settlement.

Decision 2024-10-11, s. 1.

PART I TARIFF OF FEES

Decision 2024-10-11, Part I.

CHAPTER I GENERAL

Decision 2024-10-11, c. I.

2. A day comprises a maximum of three work periods, one in the morning, one in the afternoon and one in the evening. Morning ends at 1:00 p.m. and evening starts at 5:30 p.m.

A preparation period, a period of participation in a conference ordered or convened by a judge and a hearing period are work periods.

Decision 2024-10-11, s. 2.

3. For the purposes of this Agreement,

(1)  a trial begins with the presentation of the prosecutor’s evidence when it is held before judge only, and a trial held before a jury begins by jury selection; and

(2)  a trial ends with a decision on a conviction.

Decision 2024-10-11, s. 3.

4. The fees applicable to services rendered by an advocate are as follows:

(1)  if the court refuses or is unable to proceed in the presence of the parties on the very day set for the hearing: $106 per period;

(2)  services related to an application to extend the time limits for execution of a sentence or an order of the court: $158;

(3)  if, to cease representing, the advocate must file a motion: $65;

(4)  if the advocate is replaced at a hearing: $65.

(5)  services related to an application for relief from default: $106.

Decision 2024-10-11, s. 4.

5. For services rendered during a facilitation conference or a case management conference in criminal and penal matters, the fees are $290 per period.

For any participation of the advocate in other case management proceedings, convened by the court or requested by a party, the fees are $70 per period.

Decision 2024-10-11, s. 5.

6. The Commission determines the fees applicable to services not included in the tariff taking into account, if applicable, the fees set in this Agreement for similar services.

Decision 2024-10-11, s. 6.

CHAPTER II SPECIAL RULES

Decision 2024-10-11, c. II.

DIVISION I FEES APPLICABLE UNDER THE LEGAL AID PLAN AND FOLLOWING A COURT DESIGNATION ORDER ISSUED PURSUANT TO THE CRIMINAL CODE (R.S.C. 1985, C. C-46) OR FOLLOWING A DETERMINATION BY THE COMMISSION PURSUANT TO SECTION 83.12 OF THE ACT RESPECTING LEGAL AID AND THE PROVISION OF CERTAIN OTHER LEGAL SERVICES

Decision 2024-10-11, Div. I.

§ 1 . — General

Decision 2024-10-11, Sd. 1.

7. Subject to section 27, a flat fee includes up to two hearing periods on the same day, one in the morning and one in the afternoon.

If, once under way, the hearing or conference is unable to end before 5:30 p.m. on the same day, an advocate is entitled, for the evening and for each additional work period, to fees of,

(1)  in first instance, $290; and

(2)  in appeal, $300.

Decision 2024-10-11, s. 7.

8. An advocate who receives a mandate during the proceedings and who sees a case through is entitled to full remuneration where a flat fee is provided for and no other advocate has rendered services in the case.

Where a mandate is assigned following an order issued pursuant to the Criminal Code (R.S.C. 1985, c. C-46), an advocate is entitled to the full flat-rate remuneration on completion of the mandate.

Decision 2024-10-11, s. 8.

9. Where a flat fee is set for services and more than one advocate has rendered services, each advocate, if in private practice, is entitled to the part of the flat rate corresponding to the services personally rendered, subject to sections 81.1 and 104 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).

Decision 2024-10-11, s. 9.

10. Where a recipient’s legal aid is suspended or withdrawn or a recipient ceases to be eligible for legal aid or waives it, an advocate is remunerated for the services rendered until receipt of the notice referred to in section 74 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) and for the legal services rendered subsequently for the performance of conservatory acts necessary to safeguard the recipient’s rights or required by the court.

Decision 2024-10-11, s. 10.

11. Services rendered on a finding or a plea of guilty to a lesser and included offence are remunerated according to the tariff applicable in respect of the charge as laid.

Decision 2024-10-11, s. 11.

12. Where an advocate represents a client indicted by more than one information and the trial or a hearing during which the accused pleads guilty to the various charges is held in the same court and on the same day, the advocate is entitled to full remuneration for the highest paid information and to one-half of the set tariff for each other information.

Decision 2024-10-11, s. 12.

13. An advocate who represents two or more persons charged with the same offence or with a like offence arising from the same course of events and for which the proceedings are held in the same court at or about the same time is entitled to the remuneration applicable to a mandate, increased by the following percentage according to the number of persons represented:

(1)  two persons: 50%;

(2)  three persons: 100%;

(3)  four persons: 150%;

(4)  five persons or more: 200%.

Decision 2024-10-11, s. 13.

14. Where the mandate is of an exceptional nature owing to the circumstances of the work or the complexity of the case, an advocate may submit an application for special consideration to have the Commission determine the excess fees.

Decision 2024-10-11, s. 14.

15. The fees of an advocate who renders services in a region or locality served on an itinerant basis in the judicial district of Abitibi or Mingan are increased by 5%.

Decision 2024-10-11, s. 15.

16. Where an advocate must, at the director general’s request, justify in writing an application for a legal aid mandate, fees in the amount of $80 are payable to the advocate if the mandate is assigned.

Decision 2024-10-11, s. 16.

17. For all services rendered under a consultation mandate or a mandate that ends with a consultation, the fees are $70.

For all services rendered under a mandate related to a proposal to participate in the program for the non-judicial treatment of certain criminal offences or if alternative measures are used, in particular because of the absence of sufficient evidence, the fees are $290.

Decision 2024-10-11, s. 17.

18. To represent, for appearance, a person arrested under a warrant issued in another judicial district, regardless of the technological means used, the fees are $106.

Decision 2024-10-11, s. 18.

19. To represent a detained person for the purposes of section 503 of the Criminal Code (R.S.C. 1985, c. C-46), where the appearance is held using technological means, outside regular court house hours and under a presiding justice of the peace, the fees are $158.

Decision 2024-10-11, s. 19.

20. For a release hearing actually held and a hearing actually held before the Court of Québec pursuant to articles 524 and 525 of the Criminal Code, the fees are $158.

Decision 2024-10-11, s. 20.

20.1. For a release order with conditions issued without an investigation and for any modification, of consent, of a release order with conditions, the fees are $106.

Decision 2024-10-11, s. 20.1.

20.2. For a modification of an undertaking or an appearance notice, the fees are $106.

Decision 2024-10-11, s. 20.2.

21. For all services related to a granted request to change location, if the advocate subsequently ceases to act, the fees are $84.

Decision 2024-10-11, s. 21.

22. Where an advocate pleads in writing, at the court’s request or under its authorization, the fees are $290.

Decision 2024-10-11, s. 22.

23. An advocate rendering services to a beneficiary, including a young person within the meaning of the Youth Criminal Justice Act (S.C. 2002, c. 1), taking part in the Alternative Measures Program or the Alternative Measures Program in Aboriginal communities is entitled to additional fees of $200.

Decision 2024-10-11, s. 23.

24. An advocate rendering services to a beneficiary taking part in the Court of Québec Addiction Treatment Program or the Justice and Mental Health Support Program, or any other similar therapy program, is entitled to additional fees of $400.

Decision 2024-10-11, s. 24.

§ 2 . — Fees for certain services in first instance

Decision 2024-10-11, Sd. 2.

25. For all services rendered to persons charged with a summary conviction offence under Part XXVII of the Criminal Code (R.S.C. 1985, c. C-46), until sentencing, where applicable, the fees are $400, and $550 when a trial is actually held.

Decision 2024-10-11, s. 25.

26. For all services rendered to persons charged with an indictable offence under section 553 of the Criminal Code (R.S.C. 1985, c. C-46) or charged with an offence that may be prosecuted by indictment or by summary conviction, the fees are $415, and $565 when a trial is actually held.

Decision 2024-10-11, s. 26.

27. For all services rendered to persons charged with an indictable offence other than an offence referred to in section 26 or in sections 234 and 239 of the Criminal Code (R.S.C. 1985, c. C-46), or with an offence under the jurisdiction of the Superior Court under section 469 of the Code, or with an offence referred to in section 752 of the Code, except the offences under section 266, paragraph 270 (1)(a), subsection 279 (2), subsections 320.14(1) and (2), subsections 320.15(1), (2) and (4), and sections 320.16 and 320.17, or for an application to find that an offender is a dangerous offender or a long-term offender provided for in Part XXIV of the Code, until sentencing, where applicable, the fees are $600, and $750 when a trial is actually held.

The tariff includes up to two hearing periods for the trial, if the hearings are held on the same day and before the evening. For the other hearing periods, the fees are $290 each for the preliminary inquiry and for trial before judge only and $420 each for trial before judge and jury.

By exception, the tariff set in this section is also applicable to the services referred to in section 26 when they are rendered to a person liable to a minimum term of imprisonment or charged with a sexual offence.

Decision 2024-10-11, s. 27.

§ 3 . — Fees for services rendered to persons charged with indictable offences under section 234 or 239 of the Criminal Code or offences within the exclusive jurisdiction of the Superior Court under section 469 of the Code or offences referred to in section 752 of the Code, except offences under section 266, paragraph 270(1)(a), subsection 279(2), subsections 320.14(1) and (2), subsections 320.15(1), (2) and (4), and sections 320.16 and 320.17, or for applications for finding that an offender is a dangerous offender or long-term offender under Part XXIV of the Code

Decision 2024-10-11, Sd. 3.

28. Sections 13, 14 and 20 do not apply to this subdivision.

Decision 2024-10-11, s. 28.

29. For preparation of hearings and pre-trial conferences, and during the hearings and conferences, the fees are $290 per period.

The number of preparation periods payable to an advocate is limited to five periods per application heard by the court.

Decision 2024-10-11, s. 29.

30. For preparation of the trial, the fees are $290 per period.

The number of preparation periods for the trial payable to an advocate is limited

(1)  to three periods for each day of hearing scheduled for presentation of the prosecution’s evidence, as established at the pre-trial conference or as indicated in the court record; and

(2)  to one period for each day of hearing during the trial.

Decision 2024-10-11, s. 30.

31. If the trial is interrupted for more than three consecutive weeks, a maximum of eight additional preparation periods to be worked during the interruption are payable to the advocate.

Decision 2024-10-11, s. 31.

32. Where an advocate represents more than one accused in the same trial, the number of preparation periods to which the advocate is entitled is established by subparagraph 1 of the second paragraph of section 30, increased by 50%, regardless of the number of accused the advocate represents.

Decision 2024-10-11, s. 32.

33. The Commission must, at an advocate’s request, reconsider the number of preparation periods to which the advocate was entitled under subparagraph 1 of the second paragraph of section 30 or section 32 if the number of hearing days actually held for the trial is greater than one and one-half the number of hearing days scheduled for presentation of the prosecution’s evidence.

The advocate submits the request in the final statement of fees.

Decision 2024-10-11, s. 33.

34. Where during the proceedings an advocate replaces an advocate whose remuneration is governed by this subdivision, the advocate must provide the Commission with an application detailing the preparation time the advocate considers necessary to represent the client.

The Commission examines the application taking into account the circumstances of the case and determines the maximum number of preparation periods available to the advocate in place of the preparation periods provided for in subparagraph 1 of the second paragraph of section 30 or in section 32.

Decision 2024-10-11, s. 34.

35. During the trial, the fees are $420 per hearing period.

Decision 2024-10-11, s. 35.

36. For services rendered during representations on sentence, the fees are $290 per period.

Decision 2024-10-11, s. 36.

§ 4 . — Fees for services other than in criminal and penal matters

Decision 2024-10-11, Sd. 4.

37. Where a judgment orders an attorney be appointed, the fees are $158.

Decision 2024-10-11, s. 37.

38. For all services rendered before the Review Board under sections 672.38 et seq. of the Criminal Code (R.S.C. 1985, c. C-46), the fees are $525.

Decision 2024-10-11, s. 38.

39. For all services rendered until sentencing, where applicable, the fees are as follows for hearings held

(1)  under section 742.6 of the Criminal Code (R.S.C. 1985, c. C-46), if there is a hearing on the merits: $290;

(1.1)  under section 742.6 of the Criminal Code, if there is no challenge leading to a hearing on the merits: $210;

(2)  under sections 110, 111, 112 and subsections 810.01 (5) and 810.2 (5) of the Criminal Code: $210.

Decision 2024-10-11, s. 39.

40. In matters of extraordinary remedies provided for in the Criminal Code (R.S.C. 1985, c. C-46), the fees are as follows:

(1)  or preparation and service of the proceeding: $580;

(2)  per hearing period: $290.

Decision 2024-10-11, s. 40.

41. For services rendered following an order made under section 486.3 of the Criminal Code (R.S.C. 1985, c. C-46), the fees are $290 per work period. An advocate is entitled to three preparation periods per day of hearing already held at the time the mandate is assigned to the advocate and to a maximum of four additional preparation periods.

For all services rendered following an order made under section 672.24 of the Criminal Code, the fees are $400.

Decision 2024-10-11, s. 41.

42. For all services rendered for an application for release from custody or for review of the decision rendered on release addressed to a judge of the Superior Court, the fees are $860.

Decision 2024-10-11, s. 42.

43. In matters of preventive detention,

(1)  for preparation of the record for a contestation of an application for preventive detention under Part XXIV of the Criminal Code (R.S.C. 1985, c. C-46), including interviews and other necessary services, the fees are $1,050; and

(2)  per hearing period, the fees are $290.

Decision 2024-10-11, s. 43.

44. For all services rendered for an application for a change to a probation order under section 732.2(5) of the Criminal Code (R.S.C. 1985, c. C-46), the fees are $158.

Decision 2024-10-11, s. 44.

45. For all services rendered for an application for the issue of a warrant of committal or an order of imprisonment for default of payment of fines under section 734.7 of the Criminal Code (R.S.C. 1985, c. C-46) or article 346 of the Code of Penal Procedure (chapter C-25.1), the fees are $232.

Decision 2024-10-11, s. 45.

45.1. For all services rendered in respect of an application for the restitution of property seized or for an order of forfeiture of such property, the fees are $290.

Decision 2024-10-11, s. 45.1.

46. For all services rendered until sentencing, where applicable, under the Youth Criminal Justice Act (S.C. 2002, c. 1), the fees are as follows:

(1)  on an application for review under subsection 59(1) of the Act: $195;

(2)  on an application under subsection 64(1) of the Act: $450;

(3)  for a transfer to a correctional facility for adults under section 89(2) of the Act: $106.

Decision 2024-10-11, s. 46.

§ 5 . — Fees for services rendered in appeal

Decision 2024-10-11, Sd. 5.

47. For an appeal on extraordinary remedies, an appeal in matters of preventive detention or an appeal from the decision on a conviction, sentence or both, the fees are as follows:

(1)  preparation of all proceedings preliminary to the appeal, including drafting and filing of the notice of appeal: $1,260;

(2)  hearing of the application for leave to appeal: $464;

(3)  motion for extension of the time to appeal: $420;

(4)  preparation of the factum: $1,680;

(5)  hearing of the appeal: $1,680.

For an appeal before the Court of Appeal, those fees are increased by 25%.

Decision 2024-10-11, s. 47.

48. For all services rendered for an application for release from custody until a decision on the appeal, the fees are $570.

Decision 2024-10-11, s. 48.

48.1. For all services rendered in respect of a change to a release from custody order pending the determination of an appeal, the fees are $290.

Decision 2024-10-11, s. 48.1.

49. For services rendered following an order made under section 684 of the Criminal Code (R.S.C. 1985, c. C-46), the fees are $1,680 for the hearing at the Court of Appeal. An advocate is entitled to a maximum of four preparation periods remunerated at $600 each.

Decision 2024-10-11, s. 49.

50. For an appeal to the Supreme Court, the fees are as follows:

(1)  preparation of all proceedings preliminary to the appeal, including drafting and filing of the notice of appeal or the application for leave to appeal: $6,300;

(2)  preparation of the factum: $6,300;

(3)  hearing of the appeal: $8,400.

Decision 2024-10-11, s. 50.

51. For services rendered following an order made under section 694.1 of the Criminal Code (R.S.C. 1985, c. C-46), the fees are $4,200 for the hearing at the Supreme Court. An advocate is entitled to a maximum of eight preparation periods remunerated at $600 each.

Decision 2024-10-11, s. 51.

DIVISION II FEES APPLICABLE IN A LENGTHY AND COMPLEX CASE, FOLLOWING A DETERMINATION BY THE COMMISSION PURSUANT TO SECTION 83.12 OF THE ACT RESPECTING LEGAL AID AND THE PROVISION OF CERTAIN OTHER LEGAL SERVICES

Decision 2024-10-11, Div. II.

52. Section 14 does not apply to this Division.

Decision 2024-10-11, s. 52.

53. For preparation of hearings and pre-trial conferences, and at the hearings or conferences, the fees are $290 per period.

The number of preparation periods payable to an advocate is limited to five periods per application heard by the court.

Decision 2024-10-11, s. 53.

54. For preparation of the trial, the fees are $290 per period.

The number of preparation periods payable to an advocate is limited

(1)  to three periods for each day of hearing scheduled for presentation of the prosecution’s evidence, as established at the pre-trial conference or as indicated in the court record; and

(2)  to one period for each day of hearing during the trial.

Decision 2024-10-11, s. 54.

55. If the trial is interrupted for more than three consecutive weeks, a maximum of eight additional preparation periods to be worked during the interruption are payable to the advocate.

Decision 2024-10-11, s. 55.

56. Where an advocate represents more than one accused in the same trial, the number of preparation periods to which the advocate is entitled is established by subparagraph 1 of the second paragraph of section 54, increased by 50%, regardless of the number of accused the advocate represents.

Decision 2024-10-11, s. 56.

57. The Commission must, at the advocate’s request, reconsider the number of preparation periods to which the advocate was entitled under subparagraph 1 of the second paragraph of section 54 or section 56 if the number of hearing days actually held for the trial is greater than one and one-half the number of hearing days scheduled for presentation of the prosecution’s evidence.

The advocate submits the request in the final statement of fees.

Decision 2024-10-11, s. 57.

58. Where an advocate replaces an advocate whose remuneration was governed by this Division, or where an advocate’s remuneration becomes governed by this Division during the proceedings, the advocate must provide the Commission with an application detailing the preparation time the advocate considers necessary to represent the client.

The Commission examines the application taking into account the circumstances of the case and determines the maximum number of preparation periods available to the advocate in place of the preparation periods provided for in subparagraph 1 of the second paragraph of section 54 or in section 56.

Decision 2024-10-11, s. 58.

59. During the trial, the fees are $420 per hearing period.

Decision 2024-10-11, s. 59.

60. Where an advocate pleads in writing, at the court’s request or under its authorization, the fees are $290 per work period, for a maximum of ten periods.

Decision 2024-10-11, s. 60.

61. For preparation and hearings of representations on sentence, the fees are $290 per period.

The number of preparation periods is limited to 15 periods.

Decision 2024-10-11, s. 61.

62. Subdivision 5 of Division I of this Chapter applies to appeals, with the necessary modifications.

Decision 2024-10-11, s. 62.

PART II EXPENSES

Decision 2024-10-11, Part II.

63. Expenses include travel allowances and costs authorized by the director general or the Commission, as applicable, in particular expert fees and other costs pertaining to the cases and proceedings incidental to the mandate.

The fees of legal counsel are treated as expert fees and are authorized by the director general or the Commission, as applicable. The same applies to fees pertaining to the professional services of an advocate assisting during hearing of the trial, which are limited to $185 per hearing period and are eligible only for the services rendered for mandates assigned in accordance with Chapter II of the Act respecting legal aid and the provision of certain other legal services (chapter A-14).

Decision 2024-10-11, s. 63.

64. An advocate is entitled to reimbursement of $0.10 per page for photocopies made during written proceedings or to reproduce authorities.

Decision 2024-10-11, s. 64.

65. At the end of a legal aid mandate, an advocate who sees a case through receives $50 as reimbursement of administrative overhead costs, except for consultation mandates and mandates that end with a consultation.

Decision 2024-10-11, s. 65.

65.1. For services rendered in urgent cases to persons who are victims of sexual violence or domestic violence, the advocate is entitled to a reimbursement of $200 in administrative costs if following the issue of a conditional certificate of eligibility under section 67 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) legal aid is refused under section 70 of the Act.

Decision 2024-10-11, s. 65.1.

66. An advocate is entitled to a travel allowance only if the destination is farther than a radius of 25 km from the advocate’s office.

When using a 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. 216155 dated 22 March 2016) as established under the Public Administration Act (chapter A-6.01), subject to the following special rules:

(1)  based on the distance actually travelled, if the travel is within the boundaries of the judicial district of the advocate’s office;

(2)  based on the distance actually travelled up to a maximum of 200 km, if the travel is outside the boundaries of the judicial district of the advocate’s office;

(3)  based on the distance actually travelled if the travel is to the Supreme Court of Canada, the Court of Appeal of Québec, the Federal Court or to any court, tribunal or body having jurisdiction outside the boundaries of the judicial district of the advocate’s office. If an advocate’s office is in a judicial district other than the district where the legal aid centre that issued the mandate is located, the advocate receives either the allowance under subparagraph 2, or an allowance established on the basis of the distance between the place where the mandate was issued and the place where the relevant court, tribunal or body sits, at the advocate’s option; and

(4)  based on the distance actually travelled, with the authorization of the director general of the legal aid centre, if the travel is outside the boundaries of the judicial district of the advocate’s office and the nature or complexity of the matter requires that the mandate be assigned to that advocate.

An advocate entitled to a kilometric allowance is also entitled to reimbursement of any parking expenses incurred.

Decision 2024-10-11, s. 66.

67. Subject to sections 64 and 65, expenses cannot exceed the actual amount incurred by the advocate; they are paid on presentation of supporting documents.

Decision 2024-10-11, s. 67.

PART III DISPUTE SETTLEMENT PROCEDURE

Decision 2024-10-11, Part III.

CHAPTER I SUBMITTING OF A DISPUTE AND CONCILIATION

Decision 2024-10-11, c. I.

68. A dispute means any disagreement concerning the interpretation or application of this Agreement, including any disagreement concerning a claim for fees for a service not included in the tariff or an application for special consideration, and any disagreement concerning a statement of fees or expenses submitted pursuant to the Regulation respecting the report relating to the services rendered by certain advocates and notaries (chapter A-14, r. 8).

A dispute must be submitted within six months after receipt of the notice referred to in section 8 of that Regulation.

Decision 2024-10-11, s. 68.

69. A dispute is submitted by an advocate by means of a notice addressed to the regional centre or to the Commission, as applicable. The notice must contain a summary of the facts and the relief sought.

Decision 2024-10-11, s. 69.

70. The regional centre or the Commission, as applicable, provides a written reply to the notice of dispute it receives.

Decision 2024-10-11, s. 70.

71. Before submitting a dispute, an advocate may resort to conciliation by means of written notice to the director general of the regional centre, to the Commission and to the section of the Barreau du Québec to which the advocate belongs.

Decision 2024-10-11, s. 71.

72. Resorting to conciliation interrupts the six-month prescription.

Decision 2024-10-11, s. 72.

73. Within 15 days after receiving the notice referred to in section 71, the director general of the regional centre and the bâtonnier of the section each designate an advocate.

Decision 2024-10-11, s. 73.

74. Within 30 days of their designation, the advocates so appointed and the advocate who applied for conciliation meet and endeavour to come to an agreement.

Decision 2024-10-11, s. 74.

CHAPTER II ARBITRATION

Decision 2024-10-11, c. II.

75. An advocate who submitted a dispute may, if no reply is received within 30 days after sending the notice, or the advocate is dissatisfied with the reply, refer the dispute to arbitration.

Resorting to arbitration is prescribed by six months.

An application for arbitration is made by a letter addressed to the chief judge of the Court of Québec, and is also sent to the regional centre, to the Commission and to the Barreau du Québec.

The chief judge designates one of the judges of that court to act as arbitrator.

Decision 2024-10-11, s. 75.

76. After giving at least 30 days’ notice to the Commission, the Barreau du Québec may either intervene or take up the defence of an advocate who refers a dispute to arbitration.

Decision 2024-10-11, s. 76.

77. Stenography fees and fees to reproduce a recording of the hearings, if any, are borne by the regional centre or by the Commission, as applicable.

Decision 2024-10-11, s. 77.

78. The arbitrator has jurisdiction, to the exclusion of any court or tribunal, to decide a dispute within the meaning of this Agreement. The arbitrator may uphold, vary or rescind the disputed decision and, under the terms of the arbitration award, order payment or determine compensation, restore a right or issue any order considered by the arbitrator to be fair in the circumstances.

The arbitration award is final and binding on the parties.

Decision 2024-10-11, s. 78.

79. The arbitrator may issue an interim award at any time.

Decision 2024-10-11, s. 79.

80. The arbitrator sends every arbitration award to the parties and to the Barreau du Québec.

Decision 2024-10-11, s. 80.

PART IV MISCELLANEOUS, TRANSITIONAL AND FINAL

Decision 2024-10-11, Part IV.

81. This Agreement replaces the Agreement dated 4 December 2020 between the Minister of Justice and the Barreau du Québec respecting the tariff of fees and expenses of advocates rendering services in criminal and penal matters and the dispute settlement procedure (chapter A-14, r. 5.3).

It comes into force on the day of its publication in the Gazette officielle du Québec and applies to services rendered in connection with legal aid mandates assigned since 1 October 2023.

Decision 2024-10-11, s. 81.

82. The maximum level of the fees payable to an advocate who renders services under the legal aid plan is set at $140,000 for mandates assigned to the advocate between 1 April and 31 March of the years covered by this Agreement. Beyond that amount, the fees paid to the advocate are reduced by 35% for each mandate.

Decision 2024-10-11, s. 82.

83. This Agreement ends on 31 March 2025. It remains in force after that date until it is replaced by a new agreement or by a regulation.

Decision 2024-10-11, s. 83.

REFERENCES

Decision 2024-10-11, 2024 G.O. 2, 3947