B-1, r. 14.1 - By-law respecting the professional training of advocates

Section 32 Disposition versions

2024-01-25

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.

O.C. 1835-2023, s. 32.

Not in force

In force: 2024-01-25

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.

O.C. 1835-2023, s. 32.