h-4.1, r. 11 - Regulation respecting equivalence standards for the issue of permits by the Chambre des huissiers de justice du Québec

Updated to 1 September 2012

This document has official status.

chapter H-4.1, r. 11

Regulation respecting equivalence standards for the issue of permits by the Chambre des huissiers de justice du Québec

Court Bailiffs Act

(chapter H-4.1, s. 3).

Professional Code

(chapter C-26, s. 93, pars. c and c. 1).

DIVISION I GENERAL

1. The secretary of the Chambre des huissiers de justice du Québec must forward a copy of this Regulation to a candidate who, for the purpose of obtaining a court bailiff’s permit from the Chamber, applies to have a diploma issued by an educational institution outside Québec or training recognized as equivalent.

In this Regulation,

“diploma equivalence” means recognition by the Chamber that a diploma issued by an educational institution outside Québec certifies that a candidate’s level of knowledge and skills is equivalent to the level attained by the holder of a diploma recognized by a regulation of the Government, made pursuant to the first paragraph of section 184 of the Professional Code (chapter C-26), as giving access to a court bailiff’s permit issued by the Chamber; and

“training equivalence” means recognition by the Chamber that a candidate’s training has enabled him or her to attain a level of knowledge and skills equivalent to the level attained by the holder of a diploma recognized by a regulation of the Government, made pursuant to the first paragraph of section 184 of the Professional Code, as giving access to a court bailiff’s permit issued by the Chamber.

O.C. 504-2006, s. 1; O.C. 684-2008, s. 1.

DIVISION II DIPLOMA EQUIVALENCE STANDARDS

2. A candidate who holds a diploma issued by an educational institution outside Québec is granted a diploma equivalence if the diploma was obtained upon completion of a program of college-level studies comprising a minimum of 2,370 hours.

A minimum of 1,710 hours must pertain to the following subjects and be apportioned as follows:

(1)  a minimum of 150 hours in subjects dealing with legal research;

(2)  a minimum of 285 hours in subjects dealing with civil law;

(3)  a minimum of 105 hours in subjects dealing with labour and administrative law;

(4)  a minimum of 120 hours in subjects dealing with civil procedure;

(5)  a minimum of 90 hours in subjects dealing with the Québec law of security on property and publication of rights;

(6)  a minimum of 45 hours in subjects dealing with legal drafting;

(7)  a minimum of 60 hours in subjects dealing with corporate law;

(8)  a minimum of 45 hours in subjects dealing with Canadian criminal and penal law;

(9)  a minimum of 45 hours in subjects dealing with the history of law;

(10)  a minimum of 195 hours in subjects dealing with communication, accounting and contentious and notarial practice; and

(11)  a minimum of 570 hours or credits of supervised training periods.

O.C. 504-2006, s. 2.

3. Despite section 2, where the diploma for which an equivalence application is made was obtained more than 5 years before the application and, considering the developments in the profession of court bailiff, the knowledge certified by the diploma no longer corresponds to the knowledge currently being taught, the candidate is granted a training equivalence pursuant to section 5 if the candidate has attained the required level of knowledge and skills since obtaining his or her diploma.

O.C. 504-2006, s. 3.

4. A candidate with an undergraduate law degree from an educational institution in Québec or a Licence in Civil Law from the University of Ottawa is granted a diploma equivalence.

O.C. 504-2006, s. 4.

DIVISION III TRAINING EQUIVALENCE STANDARDS

5. A candidate is granted a training equivalence if the candidate demonstrates having a level of knowledge and skills equivalent to the level attained by the holder of a diploma recognized by a regulation of the Government, made pursuant to the first paragraph of section 184 of the Professional Code (chapter C-26), as giving access to a court bailiff’s permit issued by the Chamber.

In assessing the training equivalence of a candidate, the following factors are to be taken into particular account:

(1)  the nature and duration of the candidate’s work experience;

(2)  the fact that the candidate holds one or more diplomas awarded in Québec or elsewhere;

(3)  the nature and content of courses taken; and

(4)  the nature and content of training periods and other training activities.

O.C. 504-2006, s. 5; O.C. 684-2008, s. 2.

DIVISION IV TRAINING EQUIVALENCE RECOGNITION PROCEDURE

6. A candidate who wishes to have a diploma or training equivalence recognized must provide the secretary with the following documents, which are required to support the candidate’s application, together with the fees required under paragraph 8 of section 86.0.1 of the Professional Code (chapter C-26):

(1)  the candidate’s academic record, including a description of courses taken, the number of hours or credits of each course, and the results obtained;

(2)  a copy of the diplomas held by the candidate, certified by the educational institution;

(3)  an attestation of the candidate’s successful completion of any training periods;

(4)  an attestation and description of the candidate’s relevant work experience; and

(5)  where applicable, an attestation of the candidate’s participation in continuing training or upgrading activities since the diploma was obtained.

O.C. 504-2006, s. 6.

7. Documents in a language other than French or English that are submitted in support of an application must be accompanied by a French or English translation certified by the translator.

O.C. 504-2006, s. 7.

8. The secretary must send the documents referred to in section 6 to a committee formed by the board of directors to study applications for diploma or training equivalence and make an appropriate recommendation.

In order to make an appropriate recommendation, the committee may require the applicant to come to an interview, to pass an examination or to complete a training period.

O.C. 504-2006, s. 8.

9. At the first meeting following the date of receipt of that recommendation, the board of directors must decide, in accordance with this Regulation, whether it will grant a diploma or training equivalence and inform the candidate in writing within 30 days of its decision.

O.C. 504-2006, s. 9.

10. Within 30 days of its decision not to grant a diploma or training equivalence, the board of directors must so inform the candidate in writing and indicate the programs of study, training sessions or examinations that the candidate could successfully complete within the allotted time, taking into account the candidate’s current level of knowledge, to enable the candidate to be granted the equivalence. The board of directors must also inform the candidate of his or her right to apply for a review of the decision in accordance with section 11.

O.C. 504-2006, s. 10; O.C. 684-2008, s. 3.

11. A candidate who is informed of the board of director’s decision not to grant the equivalence applied for may apply for a review, provided that the candidate applies to the secretary within 30 days of receiving the decision.

The review must take place within 60 days after the date on which the application is received by a committee formed by the board of directors, pursuant to paragraph 2 of section 86.0.1 of the Professional Code (chapter C-26), and composed of persons other than members of the board of directors or the committee referred to in section 8.

Before disposing of the review application, the committee must inform the candidate of the date of the meeting at which the review application will be examined and of the candidate’s right to make submissions.

A candidate who wishes to be present at the meeting to make submissions must notify the secretary at least 5 days before the date set for the meeting. The candidate may, however, send written submissions to the secretary at any time before the date set for the meeting.

The written decision of the committee is final and must be sent to the candidate by registered mail within 30 days after the date of the meeting.

O.C. 504-2006, s. 11; O.C. 684-2008, s. 4.

12. (Omitted).

O.C. 504-2006, s. 12.

REFERENCES

O.C. 504-2006, 2006 G.O. 2, 1730

O.C. 684-2008, 2008 G.O. 2, 2899

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