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B-1, r. 14.1
- By-law respecting the professional training of advocates
Table of contents
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0
Current Version
Full text
Updated to 20 December 2023
This document has official status.
not in force
chapter
B-1, r. 14.1
By-law respecting the professional training of advocates
BARREAU — PROFESSIONAL TRAINING
Act respecting the Barreau du Québec
(chapter B-1, s. 15, par. 2, subpar.
b
)
.
B-1
Professional Code
(chapter C-26, s. 94, 1st par., subpars.
h
and
i
)
.
C-26
12
December
20
2023
01
January
25
2024
CHAPTER
I
BAR SCHOOL
1835-2023
O.C. 1835-2023
,
c.
I
.
1
.
The Barreau du Québec hereby establishes the Bar School, which is responsible for all professional training activities.
The head office of the Bar School is in Montréal.
1835-2023
O.C. 1835-2023
,
s.
1
.
2
.
The Professional Training Committee is responsible to the board of directors for the application of this By-law and the administration of the Bar School.
For those purposes, the Committee determines the operating rules of the Bar School to ensure the proper conduct of its activities and promote its efficient administration. The rules are published on the Bar School website.
1835-2023
O.C. 1835-2023
,
s.
2
.
CHAPTER
II
CONDITIONS FOR ADMISSION TO THE BAR SCHOOL AND REGISTRATION PROCEDURE
1835-2023
O.C. 1835-2023
,
c.
II
.
DIVISION
I
CONDITIONS FOR ADMISSION
1835-2023
O.C. 1835-2023
,
Div.
I
.
3
.
To be admitted to the Bar School, an applicant must, within the period prescribed by the Professional Training Committee,
(
1
)
file an application for admission, using the application form provided for that purpose, for one of the professional training periods set out in the calendar for the school year and attach all the required documents;
(
2
)
hold a diploma recognized by the Government under the first paragraph of section 184 of the Professional Code (
chapter C-26
) giving access to the permit issued by the Barreau or have obtained equivalence of a diploma or training for the purposes of issuing such a permit under the Regulation respecting the standards for equivalence of diplomas and training of the Barreau du Québec (
chapter B-1, r. 16
) and provide proof thereof;
(
3
)
have been declared eligible by the committee for access to the profession, in accordance with section 45 of the Act respecting the Barreau du Québec (
chapter B-1
);
(
4
)
pay the admission fee.
1835-2023
O.C. 1835-2023
,
s.
3
.
4
.
Where an applicant fails to meet any of the conditions provided for in paragraphs 1, 2 and 4 of section 3, the Professional Training Committee may allow the applicant to remedy the default under the conditions and within the period prescribed by the Committee.
A candidate may withdraw from the Bar School admission process at any time upon written notice.
1835-2023
O.C. 1835-2023
,
s.
4
.
DIVISION
II
REGISTRATION PROCEDURE
1835-2023
O.C. 1835-2023
,
Div.
II
.
5
.
A candidate who meets the conditions for admission provided for in Division I of this Chapter may register for one of the professional training periods set out in the calendar for the school year during which the candidate is admitted where
(
1
)
the candidate has completed the diagnostic evaluation in order to identify prior learning and shortcomings for the purpose of preparing for the examination in applied law provided for in subparagraph
c
of paragraph 1 of section 8;
(
2
)
the candidate attests having consulted the operating rules of the Bar School and undertakes to comply with them;
(
3
)
where applicable, the candidate has undergone the training activities that the Bar School is required to put in place pursuant to Québec law;
(
4
)
the candidate has paid the registration fees.
1835-2023
O.C. 1835-2023
,
s.
5
.
6
.
The Professional Training Committee determines at which professional training centre the candidate registers, taking into account where the diploma was obtained and the available resources.
1835-2023
O.C. 1835-2023
,
s.
6
.
CHAPTER
III
PROFESSIONAL TRAINING
1835-2023
O.C. 1835-2023
,
c.
III
.
DIVISION
I
GENERAL PROVISIONS
1835-2023
O.C. 1835-2023
,
Div.
I
.
7
.
Professional training is aimed at achieving the following objectives:
(
1
)
acquisition and integration of knowledge on ethics, professional conduct and professional practice;
(
2
)
integration and application of legal knowledge;
(
3
)
development of the following professional competencies and skills:
(
a
)
ability to identify legal issues;
(
b
)
ability to propose and apply a relevant solution;
(
c
)
ability to communicate clearly and effectively;
(
d
)
adoption of ethical and professional behaviour.
1835-2023
O.C. 1835-2023
,
s.
7
.
8
.
For the purposes of achieving the objectives set out in section 7, the candidate must successfully complete the 3 components of the professional training:
(
1
)
specific learning and the 3 related examinations in the following fields:
(
a
)
development of the theory of the case and drafting;
(
b
)
ethics, professional conduct and professional practice;
(
c
)
applied law;
(
2
)
experiential learning as defined in section 16 and the related evaluations, including the self-evaluation report;
(
3
)
articling period and the joint report at the end of the articling period.
1835-2023
O.C. 1835-2023
,
s.
8
.
9
.
The candidate has a period of 3 years from the date of the first day of the professional training period for which the candidate is registered to successfully complete the professional training components provided for in paragraphs 1 and 2 of section 8.
The candidate also has a period of 3 years from date of being declared eligible for the articling period to complete the professional training component provided for in paragraph 3 of section 8.
A candidate who fails to comply with either time limit ceases to be admitted to the Bar School.
1835-2023
O.C. 1835-2023
,
s.
9
.
10
.
A candidate who cannot complete the professional training components within either time period specified in section 9 because of illness, accident, pregnancy or superior force, or because the candidate is acting as a caregiver within the meaning of the Act respecting labour standards (
chapter N-1.1
) or pursuing studies on a full-time basis in a field that is complementary to the practice of the profession of advocate, may obtain an extension period equivalent to the period during which the candidate cannot undergo the professional training components provided for in paragraphs 1 and 2 of section 8 or the professional training component provided for in paragraph 3 of that section, as the case may be. The extension cannot exceed 2 years.
To obtain such an extension, the candidate must, before the expiry of the period specified in the first or second paragraph of section 9, as the case may be, file an application for an extension period using the form provided for that purpose and attach the supporting documents and the required documents with the prescribed charges.
The Professional Training Committee renders one of the following decisions:
(
1
)
grants the application for an extension period and allows the candidate to complete the professional training components provided for in paragraphs 1 and 2 of section 8 or the professional training component provided for in paragraph 3 of that section, as the case may be, within a period not exceeding 5 years from the date of the first day of the period of professional training for which the candidate registered or the date on which the candidate is declared eligible for the articling period;
(
2
)
rejects the application for an extension period.
If the Committee intends to reject the application, it notifies a notice of its intention to the candidate, giving reasons, and informs the candidate of his or her right to present written observations within 5 working days of the date of notification of the notice.
The decision of the Committee is notified to the candidate within a period of 10 days from the date of notification of the notice referred to in the fourth paragraph or from the receipt of the written observations presented pursuant to that paragraph, whichever period expires last.
1835-2023
O.C. 1835-2023
,
s.
10
.
DIVISION
II
SPECIFIC AND EXPERIENTIAL LEARNING
1835-2023
O.C. 1835-2023
,
Div.
II
.
§
1
. —
Specific learning
1835-2023
O.C. 1835-2023
,
Sd.
1
.
11
.
A candidate must obtain a minimum mark of 60% for each of the 3 examinations evaluating the fields listed in subparagraphs
a
to
c
of paragraph 1 of section 8.
A candidate is entitled to 3 attempts for each examination.
1835-2023
O.C. 1835-2023
,
s.
11
.
12
.
For each of the 3 examinations, the candidate is automatically registered on the first date set by the Bar School, in accordance with the professional training period in which the candidate is registered. The candidate may, however, modify that date according to the calendar established by the Bar School, by filing an application using the form provided for that purpose.
1835-2023
O.C. 1835-2023
,
s.
12
.
13
.
A candidate who fails one of the examinations may make other attempts by registering on a suitable date, according to the calendar established by the Bar School.
A candidate who fails all 3 attempts for the same examination ceases to be admitted to the Bar School.
1835-2023
O.C. 1835-2023
,
s.
13
.
14
.
A candidate who is dissatisfied with the grade obtained may apply for a review.
The application for review must be made using the form provided for that purpose, state the reasons in support of the application, be accompanied by the prescribed charges and be transmitted to the Bar School not later than 10 days following the date of the end of the period of consultation of the examination set by the Bar School.
The review is performed by a committee composed of practising advocates other than those who performed the initial correction.
The substantiated decision of the committee is notified to the candidate within 15 days following the date of receipt of the application for review. The decision is final.
1835-2023
O.C. 1835-2023
,
s.
14
.
15
.
A candidate who successfully completes the 3 examinations provided for in paragraph 1 of section 8 moves on to the experiential learning component of professional training.
1835-2023
O.C. 1835-2023
,
s.
15
.
§
2
. —
Experiential learning
1835-2023
O.C. 1835-2023
,
Sd.
2
.
16
.
For the purposes of this By-law,
“
experiential learning
”
means any activity carried out in a practical setting that allows the candidate to apply, in a concrete, integrated and coherent manner, knowledge on ethics, professional conduct and professional practice, legal knowledge, and the professional competencies and skills required in the practice of the profession of advocate.
Such activities include observation and simulation activities, participation in technical clinics and participation in a legal clinic.
1835-2023
O.C. 1835-2023
,
s.
16
.
17
.
At the start of the experiential learning component for which the candidate is registered, the Bar School informs the candidate of the evaluation grid and indicators established by the Professional Training Committee that are used to evaluate learning.
1835-2023
O.C. 1835-2023
,
s.
17
.
18
.
In the course of experiential learning, the candidate registers for the legal clinic and for a technical clinic in each of the following categories:
(
1
)
prevention and settlement of disputes;
(
2
)
development of oral skills;
(
3
)
development of writing skills.
1835-2023
O.C. 1835-2023
,
s.
18
.
19
.
The candidate participates in the activities of the experiential learning component under the close supervision and responsibility of supervisors.
1835-2023
O.C. 1835-2023
,
s.
19
.
20
.
An advocate may act as a supervisor within a technical clinic provided that the advocate complies with the terms and conditions set out in section 3 of the Regulation respecting the professional activities that may be engaged in by persons other than advocates (
chapter B-1, r. 1.01
), except those provided for in subparagraphs 2 and 3 of the first paragraph of that section.
1835-2023
O.C. 1835-2023
,
s.
20
.
21
.
Throughout the experiential learning component, each supervisor evaluates the candidate’s achievement of the objectives set out in section 7 during observation and simulation activities or during a technical clinic or legal clinic.
1835-2023
O.C. 1835-2023
,
s.
21
.
22
.
Within 15 days following the date of the end of the experiential learning component, the candidate submits a written self-evaluation report to the Bar School.
1835-2023
O.C. 1835-2023
,
s.
22
.
23
.
The report consists of a self-evaluation of the candidate’s progress during the experiential learning component and of the achievement of the objectives set out in section 7 with respect to each expected knowledge, professional competency and skill.
For those purposes, in addition to the documents and reports on the activities described in section 16 and the evaluated work, the report contains
(
1
)
a demonstration of the acquisition and integration of the knowledge on ethics, professional conduct and professional practice;
(
2
)
a demonstration of the acquisition and integration of legal knowledge;
(
3
)
a demonstration of the development of the professional competencies and skills referred to in paragraph 3 of section 7;
(
4
)
a demonstration according to which the professional activities engaged in and all documents produced with respect to subparagraphs 1 to 3 reflect mastery of the applicable law;
(
5
)
a reflection on the application of the rules of ethics, professional conduct and professional practice;
(
6
)
a reflection on the progress of the integration of the professional competencies and skills referred to in subparagraph 3 of section 7;
(
7
)
a reflection on the actions, observations and recommendations made by the Bar School and supervisors concerning the candidate’s conduct beginning on the date of his or her registration for a period of professional training and for the full duration of the professional training components provided for in paragraphs 1 and 2 of section 8;
(
8
)
a list of the failures to comply referred to in the first paragraph of section 28 and the measures imposed pursuant to that section or, as applicable, a statement that there have been no failures, beginning on the date of the candidate’s registration for a period of professional training and for the full duration of the professional training components provided for in paragraphs 1 and 2 of section 8.
1835-2023
O.C. 1835-2023
,
s.
23
.
24
.
Within 10 days of the deadline referred to in section 22, the Bar School performs an analysis of the report and of the candidate’s complete file and determines either
(
1
)
the successful completion of the experiential learning component, in which case the Bar School declares the candidate eligible for the articling period; or
(
2
)
a failure to complete the experiential learning component.
1835-2023
O.C. 1835-2023
,
s.
24
.
25
.
In the case of a failure to complete the experiential learning component, the Bar School notifies a notice to the candidate within 10 days of the conclusion of its analysis. The notice states the deficiencies observed and informs the candidate that his or her file is deferred to the Professional Training Committee for a decision.
1835-2023
O.C. 1835-2023
,
s.
25
.
26
.
The Bar School forwards the notice provided for in section 25 to the Professional Training Committee, accompanied by the supporting documents, within 5 working days after its notification to the candidate.
Following its analysis of the candidate’s file within 5 working days of its receipt, the Committee renders one or more of the following decisions and, as applicable, determines the deadline for compliance and the applicable conditions:
(
1
)
declares the candidate eligible for the articling period;
(
2
)
requires the candidate to successfully complete additional work;
(
3
)
requires the candidate to repeat, in whole or in part, the legal clinic or one or more of the technical clinics;
(
4
)
imposes any other measure on the candidate to redress the identified deficiencies.
Before rendering a decision referred to in subparagraphs 2 to 4 of the second paragraph, the Committee notifies a notice to the candidate informing him or her of its intention, giving reasons, and of the date of the meeting during which his or her file will be examined. The notice also informs the candidate of his or her right to present written observations and, where applicable, to provide a copy of any document needed to complete the file, within 5 working days of the date of notification of the notice.
The Committee notifies its decision to the candidate within 5 working days following the meeting referred to in the third paragraph. The decision is final.
1835-2023
O.C. 1835-2023
,
s.
26
.
27
.
Within 5 working days following the expiry of the deadline imposed to allow the candidate to successfully complete a measure imposed under section 26, the Bar School sends the Professional Training Committee a notice stating whether or not the candidate has successfully completed the measure, along with the candidate’s file. A copy of the notice is notified to the candidate.
After analyzing the notice and the candidate’s file within 5 working days of receipt, the Committee renders one or more of the following decisions and, where applicable, determines the deadline for compliance and the applicable conditions:
(
1
)
declares the candidate eligible for an articling period;
(
2
)
once again imposes on the candidate one or more of the measures provided for in subparagraphs 2 to 4 of the second paragraph of section 26.
The provisions of the third and fourth paragraphs of section 26 apply to a decision referred to in subparagraph 2 of the second paragraph, with the necessary modifications.
1835-2023
O.C. 1835-2023
,
s.
27
.
§
3
. —
Measures imposed in the event of a failure to comply
1835-2023
O.C. 1835-2023
,
Sd.
3
.
28
.
Beginning on the date on which a candidate registers for a professional training period and for the duration of the professional training components provided for in subdivisions 1 and 2 of this Division, the Professional Training Committee may, where a candidate fails to comply with the provisions of this By-law, the provisions of the Regulation respecting the professional activities that may be engaged in by persons other than advocates (
chapter B-1, r. 1.01
), or the operating rules of the Bar School which the candidate has undertaken to observe, impose one or more of the following measures on the candidate according to the nature, gravity and recurrence of the candidate’s failure to comply and, where applicable, determine the deadline and conditions for remedying the failure:
(
1
)
reprimand;
(
2
)
refusal of access to documentation, refusal of registration for an examination, refusal to allow participation in an activity, or withholding of a mark for an examination or evaluation;
(
3
)
cancellation of an activity or a failing grade for an examination or activity;
(
4
)
cancellation of admission to or registration for the Bar School.
Before imposing one or more of the measures referred to in the first paragraph, the Committee notifies a notice to the candidate informing him or her of its intention, giving reasons, and of the date of the meeting during which his or her file will be examined. The notice also informs the candidate of his or her right to present written observations and, where applicable, to provide a copy of any document needed to complete his or her file, within 5 working days of the date of notification of the notice.
The Committee notifies its decision to the candidate within 5 working days following the meeting referred to in the second paragraph.
1835-2023
O.C. 1835-2023
,
s.
28
.
DIVISION
III
ARTICLING PERIOD
1835-2023
O.C. 1835-2023
,
Div.
III
.
29
.
The articling period lasts 6 consecutive months and is completed on a full-time basis.
An articled student who is absent for more than 10 working days must file an application to suspend his or her articling period pursuant to section 38.
1835-2023
O.C. 1835-2023
,
s.
29
.
30
.
For the purposes of achieving the objectives set out in section 7, the articling period must allow the articled student to put into practice, in a workplace setting, the competencies developed during the specific learning and experiential learning components in such a way as to prepare the candidate for the practice of the profession of advocate.
The articling period takes place under the close supervision and responsibility of an advocate or a member of the judiciary in a setting that is conducive to learning, to the development and integration of competencies and professional knowledge and skills, and that promotes professionalism and the ethical and professional conduct values of the profession of advocate.
1835-2023
O.C. 1835-2023
,
s.
30
.
31
.
The candidate and the person who wishes to act as the articling supervisor must submit a joint application for the authorization of an articling period to the Professional Training Committee using the form provided for that purpose, not later than within 5 working days following the start of the articling period.
1835-2023
O.C. 1835-2023
,
s.
31
.
32
.
A person who wishes to act as the articling supervisor must meet the following conditions:
(
1
)
the person has the required experience, competency, integrity and availability;
(
2
)
the person has been entered on the Roll as a practising advocate for at least 5 years or is a member of the judiciary, and remains so for the full duration of the articling period;
(
3
)
the person is not the subject of a disciplinary complaint or a request in accordance with section 116 or 122.0.1 of the Professional Code (
chapter C-26
), as the case may be, a complaint to the Conseil de la magistrature or the Canadian Judicial Council, or a proceeding for an offence punishable by a term of imprisonment of 5 years or more;
(
4
)
the person is not the subject nor was the subject, in the 5 years preceding the date on which the articling period began, of
(
a
)
a decision or order rendered under the Professional Code, the Act respecting the Barreau du Québec (
chapter B-1
) or a regulation made for their application imposing a penalty, a striking off the Roll, a restriction or suspension of the right to engage in professional activities or conditions the advocate must meet in order to be allowed to continue to practise the profession, refresher courses, periods of refresher training, or any other requirement imposed under the first paragraph of section 55 of the Professional Code;
(
b
)
a penalty imposed by the Conseil de la magistrature or the Canadian Judicial Council;
(
c
)
a decision finding the person guilty of an offence under the Professional Code, the Act respecting the Barreau du Québec or a regulation made for their application;
(
d
)
a judicial decision described in subparagraph 1, 2, 5 or 6 of the first paragraph of section 45 of the Professional Code;
(
5
)
the person has subscribed to the professional liability insurance fund of the Barreau du Québec, except where
(
a
)
the person is exempted from doing so in accordance with the Règlement sur l’assurance de la responsabilité professionnelle des membres du Barreau du Québec (
chapter B-1, r. 1.2
), to the extent that the articling supervisor complies with all the conditions thereof;
(
b
)
the person is a member of the judiciary;
(
6
)
the person completes a course dispensed by the Bar School concerning the role and responsibilities of the articling supervisor.
An advocate who holds a special permit issued in accordance with the Regulation respecting the issuance of special permits of the Barreau du Québec (
chapter B-1, r. 8
) or a temporary restrictive permit issued in accordance with section 42.1 of the Professional Code may not act as an articling supervisor.
1835-2023
O.C. 1835-2023
,
s.
32
.
33
.
An articling period may, for a maximum period of 3 months, be completed outside Québec under the close supervision and responsibility of an articling supervisor who is a member of the judiciary or entered on the roll of the order of advocates of the place where the articling period is completed.
An articling period referred to in the first paragraph may, however, last 6 months if completed within a department or agency of the federal government or with a judicial or administrative tribunal having jurisdiction over litigation originating in Québec.
The provisions of this Division apply to an articling period referred to in this section, with the necessary modifications.
1835-2023
O.C. 1835-2023
,
s.
33
.
34
.
If the joint application for an articling period meets the conditions provided for in this Division, the Professional Training Committee, within 5 working days from the date of the application, issues the authorization for an articling period to the articling supervisor and the candidate, along with an articled student card.
If the Committee intends to reject the application, it notifies a notice to the candidate and to the person who wishes to be the articling supervisor informing them of its intention, giving reasons, and of the date of the meeting during which the file will be examined. The notice also informs them of their right to present written observations and, where applicable, to provide a copy of any document needed to complete the file, within 5 working days of the date of notification of the notice.
The Committee notifies its decision to the candidate and to the person who wishes to be the articling supervisor within 5 working days following the date of the meeting referred to in the second paragraph.
1835-2023
O.C. 1835-2023
,
s.
34
.
35
.
For the full duration of the articling period, an articled student may engage in professional activities reserved for advocates under the close supervision and responsibility of the articling supervisor. The articled student engages in such activities while complying with the laws and regulations applicable to the practice of the profession of advocate, with the necessary modifications.
1835-2023
O.C. 1835-2023
,
s.
35
.
36
.
The articling supervisor is responsible for the close supervision and responsibility of the articled student. To that end, the articling supervisor must
(
1
)
provide the articled student with a workplace setting that is conducive to learning and the development of competencies in accordance with section 30;
(
2
)
allow the articled student to gradually engage in the professional activities reserved for advocates;
(
3
)
regularly assess the progress of the articled student, as a minimum halfway through and at the end of the articling period, according to the dates determined by the Bar School;
(
4
)
provide the articled student with the necessary feedback to ensure progress;
(
5
)
provide the Professional Training Committee with all the required information;
(
6
)
contribute to evaluating the achievement of the objectives of the articling period;
(
7
)
submit to the Committee, using the form provided for that purpose and on the dates specified by the Bar School, the reports on the evaluation of the articled student.
1835-2023
O.C. 1835-2023
,
s.
36
.
37
.
The articled student must inform the Bar School of any absence that is not provided for in the authorization of the articling period, of a change of articling supervisor, of a suspension of the articling period or of any other modification to the progression of the articling period within 5 working days following the date of the occurrence of the event.
1835-2023
O.C. 1835-2023
,
s.
37
.
38
.
On application by the articled student, using the form provided for that purpose, the Professional Training Committee may authorize an absence that is not provided for in the authorization of the articling period, a change of articling supervisor, a suspension of the articling period, a cancellation of a portion of the articling period or any other modification to the articling period.
1835-2023
O.C. 1835-2023
,
s.
38
.
39
.
At all times during the articling period, the Professional Training Committee may verify compliance with the requirements of this Division by the articled student and the articling supervisor. For the purposes of the verification, the Committee may
(
1
)
receive or request the written observations of the articling supervisor or articled student, or request information from any other person;
(
2
)
hear the articling supervisor, articled student or any other person.
If the Committee is of the opinion that the articled student or articling supervisor is not in compliance with this Division or refuses to cooperate with the verification, the Committee may, for the period and under the conditions the Committee may determine, vary, suspend or cancel the articling period or any authorization to act as an articling supervisor or reject any new application for authorization.
Before rendering a decision, the Committee notifies a notice to the articled student or articling supervisor, as the case may be, to inform him or her of its intention, giving reasons, and of the date of the meeting during which the file will be examined. The notice also informs the articled student or articling supervisor, as the case may be, of his or her right to present written observations and, if applicable, to provide a copy of any document needed to complete the file, within 5 working days following the notification of the notice. A copy of the notice is notified to the articled student or articling supervisor, as the case may be.
The Committee notifies its decision to the articled student and articling supervisor within 5 working days following the meeting referred to in the third paragraph.
1835-2023
O.C. 1835-2023
,
s.
39
.
40
.
Within 5 working days following the date of the end of the authorized articling period or portion of the articling period, the articling supervisor sends to the Professional Training Committee, using the form provided for that purpose, an end-of-articling-period report completed jointly with the articled student.
The report contains
(
1
)
the start and end dates of the articling period covered by the report;
(
2
)
an evaluation, by the articling supervisor and the articled student, of the progress made by the articled student in achieving the objectives set out in section 7, based on the evaluation grid and indicators established by the Committee.
If the articling supervisor refuses, is unable or fails to file the report, the articled student informs the Committee, which then takes the appropriate action.
1835-2023
O.C. 1835-2023
,
s.
40
.
41
.
The Professional Training Committee verifies whether the authorized articling period or portion of the articling period constitutes, in accordance with section 30, valid preparation for the practice of the profession of advocate. For that purpose, the Committee may request from the articling supervisor or articled student, or from or any other person who contributed to the period, information and documents to enable the Committee to determine the validity of the articling period.
When the Committee considers that the articling period constitutes valid preparation for the practice of the profession of advocate, it confirms that the candidate has successfully completed the articling period and notifies its decision to the candidate.
When the Committee considers that the articling period or a portion of the articling period does not constitute valid preparation for the practice of the profession of advocate, it may render one or more of the following decisions:
(
1
)
cancels or refuses to recognize all or part of the articling period;
(
2
)
suspends the articling period;
(
3
)
extends the articling period;
(
4
)
determines the conditions under which the articling period may be completed in a valid manner;
(
5
)
suspends or cancels the articled student card.
Before rendering a decision under the third paragraph, the Committee notifies a notice to the articled student and the articling supervisor to inform them of its intention, giving reasons, and of the date of the meeting during which the file will be examined. The notice also informs them of their right to present written observations and, where applicable, to provide a copy of any document needed to complete the file, within 5 working days of the date of notification of the notice.
The Committee notifies its decision to the articled student and articling supervisor within 5 working days following the meeting referred to in the third paragraph. The decision is final.
1835-2023
O.C. 1835-2023
,
s.
41
.
CHAPTER
IV
TRANSITIONAL AND FINAL PROVISIONS
1835-2023
O.C. 1835-2023
,
c.
IV
.
42
.
This By-law replaces the By-law respecting the professional training of advocates (
chapter B-1, r. 14
).
However, sections 22 to 31 of the replaced By-law continue to apply to articled students to whom the Professional Training Committee has issued an articled student card in accordance with the first paragraph of section 25 of the By-law before the date of coming into force of this By-law.
In addition, the Règlement sur la mise en œuvre du projet pilote du nouveau programme de formation professionnelle au sein de l’École du Barreau pour l’année scolaire 2023-2024 (resolution CA 2022 11 17 – 7.2, 2022-11-17), continues to apply until 3 August 2024 to candidates registered for the pilot project on the date of coming into force of this Regulation.
1835-2023
O.C. 1835-2023
,
s.
42
.
43
.
For the purpose of calculating the time limits provided for in section 9 of this Regulation, the time elapsed since the date of a candidate’s registration for a professional training session under the Règlement sur la mise en œuvre du projet pilote du nouveau programme de formation professionnelle au sein de l’École du Barreau pour l’année scolaire 2023-2024 (resolution CA 2022 11 17 – 7.2, 2022-11-17) or, as the case may be, since the date of the declaration of the candidate’s eligibility for an articling period in accordance with the By-law respecting the professional training of advocates (
chapter B-1, r. 14
), is taken into account.
In addition, for the purpose of calculating the number of attempts at the examinations provided for in section 11 of this Regulation, the examination and the number of attempts at the examination provided for in section 17 du Règlement sur la mise en œuvre du projet pilote du nouveau programme de formation professionnelle au sein de l’École du Barreau pour l’année scolaire 2023-2024 are taken into account.
1835-2023
O.C. 1835-2023
,
s.
43
.
44
.
(Omitted).
1835-2023
O.C. 1835-2023
,
s.
44
.
REFERENCES
O.C. 1835-2023, 2024 G.O. 2, 133
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