b-1, r. 21 - Regulation respecting the refresher training periods of the Barreau du Québec

Updated to 1 September 2012

This document has official status.

chapter B-1, r. 21

Regulation respecting the refresher training periods of the Barreau du Québec

Act respecting the Barreau du Québec

(chapter B-1, s. 4).

Professional Code

(chapter C-26, s. 94, par. j).

1. The executive committee of the Barreau du Québec may require an advocate to undergo a refresher training period in the following cases:

(1)  where his name is entered on the Roll more than 5 years after he obtained his permit;

(2)  where his name re-entered on the Roll after his having failed to register thereon for more than 5 years;

(3)  where his name is re-entered on the Roll after having been struck off for more than 5 years;

(4)  where he is the subject of a recommendation for a refresher training period by the professional inspection committee or the disciplinary council under section 113 or 160 of the Professional Code (chapter C-26);

(5)  where he has undergone a training period, but it is not considered to comply with the objectives and procedures set by the executive committee.

O.C. 727-86, s. 1.

2. A refresher training period may include:

(1)  legal activities in a law firm in private practice, in a public or private litigation service or in court, under the supervision and the responsibility of a tutor;

(2)  a program of supplementary or refresher courses authorized by the executive committee;

(3)  research work previously defined and authorized by the executive committee, under the supervision and the responsibility of a tutor.

O.C. 727-86, s. 2.

3. A training period may extend over a period not exceeding 12 consecutive months.

O.C. 727-86, s. 3.

4. Before requiring a training period and imposing any limitation on the right to practise of an advocate, the executive committee shall give the person in question an opportunity to be heard and, for that purpose, shall give him not less than 30 days notice in writing of the date of the hearing.

O.C. 727-86, s. 4.

5. A decision by the executive committee requiring an advocate to undergo a refresher training period and imposing any limitation on the practice of his professional activities during the training period must provide reasons, state a duration, set out the objectives and procedures of the training period and of the limitation and designate an advocate or judge who agrees to act as tutor.

The decision must be communicated to the advocate by service in accordance with the Code of Civil Procedure (chapter C-25) or by registered or certified mail.

The decision must also be communicated to any employer of the advocate.

O.C. 727-86, s. 5.

6. A decision requiring a training period and imposing any limitation on the right to practise of an advocate shall take effect 30 days after its despatch or service to the latter.

O.C. 727-86, s. 6.

7. The tutor is responsible for directing and assisting the advocate in the course of his training period and shall satisfy himself that the training period or any part thereof complies with the objectives and procedures set by the executive committee.

O.C. 727-86, s. 7.

8. The executive committee shall issue to any advocate whom it has required to undergo a refresher training period a card indicating his professional situation and the limitations imposed on his right to practise.

O.C. 727-86, s. 8.

9. Within 15 days following the completion of his duties, the tutor must send to the executive committee and the advocate a report, with reasons, indicating whether the advocate has complied with the objectives and procedures set while he was under his supervision and responsibility.

O.C. 727-86, s. 9.

10. The executive committee may require that supplementary reports be submitted by the advocate or the tutor at such dates as it may set.

O.C. 727-86, s. 10.

11. Such reports from the tutor or from the advocate must be sent to the advocate or to the tutor respectively.

O.C. 727-86, s. 11.

12. The executive committee shall consider each of the reports mentioned in sections 9 and 10 and shall decide within 30 days following receipt of such reports whether the training period complied with the objectives and procedures set.

O.C. 727-86, s. 12.

13. A decision by the executive committee on the validity of the completed training period must be in writing, with reasons, and must be sent to the tutor, the advocate and any employer of the advocate by service in accordance with the Code of Civil Procedure (chapter C-25) or by registered or certified mail.

O.C. 727-86, s. 13.

14. In the course of the training period, the executive committee may, upon a request with reasons from an advocate communicated to his tutor, reduce the duration or the requirements of the training period and any conditions limiting his right to practise.

O.C. 727-86, s. 14.

15. (Omitted).

O.C. 727-86, s. 15.

REFERENCES

O.C. 727-86, 1986 G.O. 2, 1032

S.Q. 2008, c. 11, s. 212