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

Section 41 Disposition versions

2024-01-25

41. The Professional Training Committee verifies whether the authorized articling period or portion of the articling period constitutes, in accordance with section 30, valid preparation for the practice of the profession of advocate. For that purpose, the Committee may request from the articling supervisor or articled student, or from or any other person who contributed to the period, information and documents to enable the Committee to determine the validity of the articling period.

When the Committee considers that the articling period constitutes valid preparation for the practice of the profession of advocate, it confirms that the candidate has successfully completed the articling period and notifies its decision to the candidate.

When the Committee considers that the articling period or a portion of the articling period does not constitute valid preparation for the practice of the profession of advocate, it may render one or more of the following decisions:

(1)  cancels or refuses to recognize all or part of the articling period;

(2)  suspends the articling period;

(3)  extends the articling period;

(4)  determines the conditions under which the articling period may be completed in a valid manner;

(5)  suspends or cancels the articled student card.

Before rendering a decision under the third paragraph, the Committee notifies a notice to the articled student and the articling supervisor to inform them of its intention, giving reasons, and of the date of the meeting during which the file will be examined. The notice also informs them of their right to present written observations and, where applicable, to provide a copy of any document needed to complete the file, within 5 working days of the date of notification of the notice.

The Committee notifies its decision to the articled student and articling supervisor within 5 working days following the meeting referred to in the third paragraph. The decision is final.

O.C. 1835-2023, s. 41.

Not in force

In force: 2024-01-25

41. The Professional Training Committee verifies whether the authorized articling period or portion of the articling period constitutes, in accordance with section 30, valid preparation for the practice of the profession of advocate. For that purpose, the Committee may request from the articling supervisor or articled student, or from or any other person who contributed to the period, information and documents to enable the Committee to determine the validity of the articling period.

When the Committee considers that the articling period constitutes valid preparation for the practice of the profession of advocate, it confirms that the candidate has successfully completed the articling period and notifies its decision to the candidate.

When the Committee considers that the articling period or a portion of the articling period does not constitute valid preparation for the practice of the profession of advocate, it may render one or more of the following decisions:

(1)  cancels or refuses to recognize all or part of the articling period;

(2)  suspends the articling period;

(3)  extends the articling period;

(4)  determines the conditions under which the articling period may be completed in a valid manner;

(5)  suspends or cancels the articled student card.

Before rendering a decision under the third paragraph, the Committee notifies a notice to the articled student and the articling supervisor to inform them of its intention, giving reasons, and of the date of the meeting during which the file will be examined. The notice also informs them of their right to present written observations and, where applicable, to provide a copy of any document needed to complete the file, within 5 working days of the date of notification of the notice.

The Committee notifies its decision to the articled student and articling supervisor within 5 working days following the meeting referred to in the third paragraph. The decision is final.

O.C. 1835-2023, s. 41.