B-1, r. 4 - Regulation respecting the committee on training of advocates

Updated to 1 July 2024

This document has official status.

chapter B-1, r. 4

Regulation respecting the committee on training of advocates

Act respecting the Barreau du Québec

(chapter B-1, s. 4).

Professional Code

(chapter C-26, s. 184, 2nd par.).

1. A committee on training shall be set up within the Barreau du Québec.

O.C. 1025-97, s. 1.

2. The Committee shall be an advisory committee whose mandate is to examine, in concordance with the respective and complementary jurisdictions of the Order, the university educational institutions and the Minister of Higher Education, Research, Science and Technology, matters relating to the quality of the training of advocates.

Quality of training means the adequacy of the training for the acquisition of the professional skills required for the practice of the profession of advocate.

In respect of training, the Committee shall consider

(1)  the objectives of the training programs offered by educational institutions leading to a diploma that gives access to a permit or specialist’s certificate;

(2)  the objectives of the other conditions and procedures for the issue of permits or specialist’s certificates that may be imposed by a regulation of the board of directors, such as professional training periods or professional examinations; and

(3)  the diploma or training equivalency standards, prescribed by regulation of the board of directors, that give access to a permit or specialist’s certificate.

O.C. 1025-97, s. 2; S.Q. 2013, c. 28, s. 204; S.Q. 2014, c. 13, s. 26.

3. The Committee shall be composed of 5 members chosen for their knowledge and the responsibilities they have exercised in respect of the matters referred to in section 2.

The Conference of Rectors and Principals of Québec Universities shall appoint 2 members to the Committee.

The Minister of Higher Education, Research, Science and Technology or his representative, the Deputy Minister or the Assistant Deputy Minister for Higher Education, shall appoint 1 member to the Committee and, if necessary, 1 alternate.

The board of directors shall appoint 2 members of the Order to the Committee, and the Committee shall select one of those 2 members as its chair.

The Committee may also authorize persons or representatives of organizations concerned to participate in its meetings.

O.C. 1025-97, s. 3; S.Q. 2013, c. 28, s. 204; S.Q. 2014, c. 13, s. 26.

4. The members of the Committee shall be appointed for a term of 3 years.

The members shall remain in office until they are reappointed or replaced.

O.C. 1025-97, s. 4.

5. The duties of the Committee shall be

(1)  to review each year, in light of developments in knowledge and practice and particularly in respect of protection of the public, the quality of training and, where appropriate, it shall report its observations to the board of directors;

(2)  to provide its opinion to the board of directors, in respect of the quality of training,

(a)  on projects involving the revision or the preparation of the objectives or standards referred to in the third paragraph of section 2;

(b)  on ways to improve the quality of training, in particular by proposing solutions to the problems observed.

The Committee shall indicate in its report, if any, and in its opinion the viewpoint of each of its members.

O.C. 1025-97, s. 5; S.Q. 2014, c. 13, s. 26 .

6. The members of the Committee shall strive to gather information relevant to the exercise of the Committee’s duties from the organizations that appointed them and from any other organization or person concerned.

O.C. 1025-97, s. 6.

7. The chair shall fix the date, time and place of the Committee’s meetings.

Notwithstanding the foregoing, the chair shall convene a meeting of the Committee whenever at least 3 of its members so request.

O.C. 1025-97, s. 7.

8. The Committee shall hold at least 2 meetings per year.

O.C. 1025-97, s. 8.

9. The quorum of the Committee shall be 3 members, including 1 member appointed by the board of directors, 1 by the Conference and 1 by the Minister.

O.C. 1025-97, s. 9; S.Q. 2014, c. 13, s. 26.

10. Clerical support for the Committee shall be the responsibility of the Order.

The secretary designated by the Order shall see to drawing up and conserving the minutes, reports and opinions of the Committee.

O.C. 1025-97, s. 10.

11. The board of directors shall transmit a copy of the Committee’s report, if any, and a copy of the Committee’s opinion to the Conference, to the Minister of Higher Education, Research, Science and Technology and to the Office des professions du Québec.

O.C. 1025-97, s. 11; S.Q. 2013, c. 28, s. 204; S.Q. 2014, c. 13, s. 26.

12. The annual report of the Order shall contain the conclusions of the Committee’s report, if any, and of its opinions.

O.C. 1025-97, s. 12.

13. Notwithstanding the first paragraph of section 4, for the first committee set up after 18 September 1997, 1 of the members appointed by the board of directors and 1 of the members appointed by the Conference shall be appointed for a term of 2 years.

O.C. 1025-97, s. 13; S.Q. 2014, c. 13, s. 26.

14. This Regulation replaces the Regulation establishing the joint committee on training of candidates to the practice of the profession of advocate (R.R.Q., 1981, c. B-1, r. 2).

O.C. 1025-97, s. 14.

15. Omitted.

O.C. 1025-97, s. 15.

REFERENCES

O.C. 1025-97, 1997 G.O. 2, 4474

S.Q. 2008, c. 11, s. 213

S.Q. 2013, c. 28, s. 204

S.Q. 2014, c. 13, s. 26