A-14, r. 5.2 - Agreement 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

Section 61 Disposition versions

2013-03-27

61. An advocate is entitled to a travel allowance only if the destination is farther than a radius of 25 km from his or her office.

When using his or her 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. 202754, 2005-08-30) as established under the Public Administration Act (chapter A-6.01), subject to the following special rules:

(1)  according to the distance actually travelled, in the case of a trip made within the boundaries of the judicial district where the advocate has his or her office;

(2)  according to the distance actually travelled up to a maximum of 200 km, in the case of a trip made within the boundaries of the judicial district where the advocate has his or her office;

(3)  according to the distance actually travelled, in the case of a trip to the Supreme Court of Canada, the Court of Appeal of Québec, the Federal Court or to any court or body, exercising its jurisdiction outside the boundaries of the judicial district where the advocate has his or her office; despite the preceding, where the advocate’s office is in a judicial district other than the district where the legal aid centre which issued the mandate is located, the advocate elects to receive either the reimbursement established in subparagraph 2 or a reimbursement established according to the distance between the place where the mandate was issued and that where the court in question sits;

(4)  according to the distance actually travelled, in the case of a trip made with the authorization of the director general of the legal aid centre, outside the boundaries of the judicial district where the advocate has his or her office, where the nature or complexity of the matter requires that the mandate be entrusted to that advocate.

The advocate who is entitled to a travel allowance is also entitled to the reimbursement of the parking expenses incurred.

Decision 2013-03-19, s. 61.