H-4.1, r. 3 - Code of ethics of bailiffs

Section 40 Disposition versions

2016-01-01

40. In addition to the derogatory acts referred to in sections 57, 58, 58.1 and 59.1 of the Professional Code (chapter C-26), the following acts are derogatory to the dignity of the profession:

(1)  collaborating or taking part in the unlawful practice of the profession;

(2)  inciting or collaborating with a person in the commission of an offence against the Court Bailiffs Act (chapter H-4.1), the Professional Code or a regulation under the Act or the Code;

(3)  offering, giving, accepting, receiving, or demanding money, a rebate or a commission in order to obtain or after having obtained a benefit personally or for another person;

(4)  urging a person repeatedly or insistently, either personally or through another natural or legal person, partnership, group or association, to retain the bailiff’s professional services;

(5)  conspiring, tacitly or expressly in any manner whatsoever, directly or indirectly, with a natural or legal person, partnership, group or association in order to obtain a contract for services or a mandate;

(6)  any act or omission giving an unlawful advantage to a litigant;

(7)  supplying a receipt or other document to falsely indicate that services have been rendered or performed;

(8)  noting the date and hour of service illegibly under the bailiff’s signature on the reverse side of a proceeding or signing illegibly without reproducing the signature in printed form;

(9)  except for bailiffs employed exclusively by a municipal court, concluding a pact, an agreement or an understanding with a view to sharing or distributing fees with any person other than the partnership or joint-stock company within which the bailiff practises the profession, another bailiff, a trust or a partner or shareholder of the partnership or joint-stock company;

(10)  hiding or voluntarily omitting to disclose that which the law requires a bailiff to disclose;

(11)  using blackmail, intimidation, threats or assault in the performance of professional duties, either personally or through an agent, the partnership or joint-stock company within which the bailiff practises the profession or the partners, directors, officers or shareholders of the partnership or joint-stock company;

(12)  misleading or attempting to mislead any litigant;

(13)  making a false declaration or entry, or falsifying, altering, damaging, destroying, or unlawfully disposing of or using the proof of identity as bailiff;

(14)  when the proceeding is an execution, in the absence of a general or special agreement with the client,

(a)  suspending the execution without a settlement between the parties; or

(b)  acting within a period that is prejudicial to the parties;

(15)  direct or indirect purchase of movable or immovable property by the serving bailiff or bailiffs who are partners, shareholders, directors, officers, employees or ordinary mandataries of the partnership or joint-stock company within which the bailiff practises the profession, in any judicial sale under the Code of Civil Procedure (chapter C-25.01);

(16)  the embezzlement or use for personal purposes of any monies, securities or property entrusted to the bailiff in the practice of the profession;

(17)  claiming fees for professional acts not performed or falsely described;

(18)  undue multiplying of travel for the same proceeding in order to reap greater profit from the application of the tariff;

(19)  departing from the provisions of the Code of Civil Procedure, or any other Act or regulation respecting the practice of the profession of bailiff;

(20)  failing to immediately inform the board of directors of the Chambre when having knowledge of any impediment to the admission of a candidate to the Chambre;

(21)  making a false declaration respecting the eligibility of a candidate for the practice of the profession;

(22)  subject to section 10 of the Court Bailiffs Act and to the Regulation respecting the practice of the profession of bailiff within a partnership or a joint-stock company (chapter H-4.1, r. 8), practising the profession in partnership with any person other than a member of the Chambre;

(23)  being in possession of a restricted firearm or any prohibited substance, in particular pepper spray, during the performance of duties;

(24)  failing to promptly inform the secretary of an intended assignment of property by the bailiff or the partnership or joint-stock company within which the bailiff practises the profession, that such an assignment has been made or that the bailiff, partnership or joint-stock company is the subject of a receiving order;

(25)  communicating with a person who has requested an inquiry in respect of the bailiff without the prior written permission of the syndic of the Chambre or the assistant or corresponding syndic;

(26)  failing to disclose to the syndic of the Chambre that there are reasonable grounds to believe that another member is contravening the Court Bailiffs Act, the Professional Code or a regulation under the Act or the Code;

(27)  practising the profession within, or having an interest in, a partnership or joint-stock company, with a person who, to the knowledge of the bailiff, performs acts that are derogatory to the dignity of the profession of bailiff; and

(28)  practising the profession within, or having an interest in, a partnership or joint-stock company if a partner, shareholder, director, officer or employee of the partnership or joint-stock company has been struck off the roll for more than 3 months or has had his or her professional permit revoked, unless the partner, shareholder, director, officer or employee

(a)  ceases to hold the position of director or officer within the partnership or joint-stock company within 10 days of the date on which the striking off the roll or permit revocation becomes executory, or within any other period authorized by the board of directors;

(b)  ceases to attend shareholder meetings and to exercise voting rights, if applicable, within 10 days of the date on which the striking off the roll or permit revocation becomes executory, or within any other period authorized by the board of directors; and

(c)  disposes of his or her voting shares or transfers them to a trustee within 10 days of the date on which the striking off the roll or or permit revocation becomes executory, or within any other period authorized by the board of directors.

O.C. 550-2002, s. 40; O.C. 647-2009, s. 9; I.N. 2016-01-01 (NCCP).

2012-09-01

40. In addition to the derogatory acts referred to in sections 57, 58, 58.1 and 59.1 of the Professional Code (chapter C-26), the following acts are derogatory to the dignity of the profession:

(1)  collaborating or taking part in the unlawful practice of the profession;

(2)  inciting or collaborating with a person in the commission of an offence against the Court Bailiffs Act (chapter H-4.1), the Professional Code or a regulation under the Act or the Code;

(3)  offering, giving, accepting, receiving, or demanding money, a rebate or a commission in order to obtain or after having obtained a benefit personally or for another person;

(4)  urging a person repeatedly or insistently, either personally or through another natural or legal person, partnership, group or association, to retain the bailiff’s professional services;

(5)  conspiring, tacitly or expressly in any manner whatsoever, directly or indirectly, with a natural or legal person, partnership, group or association in order to obtain a contract for services or a mandate;

(6)  any act or omission giving an unlawful advantage to a litigant;

(7)  supplying a receipt or other document to falsely indicate that services have been rendered or performed;

(8)  noting the date and hour of service illegibly under the bailiff’s signature on the reverse side of a proceeding or signing illegibly without reproducing the signature in printed form;

(9)  except for bailiffs employed exclusively by a municipal court, concluding a pact, an agreement or an understanding with a view to sharing or distributing fees with any person other than the partnership or joint-stock company within which the bailiff practises the profession, another bailiff, a trust or a partner or shareholder of the partnership or joint-stock company;

(10)  hiding or voluntarily omitting to disclose that which the law requires a bailiff to disclose;

(11)  using blackmail, intimidation, threats or assault in the performance of professional duties, either personally or through an agent, the partnership or joint-stock company within which the bailiff practises the profession or the partners, directors, officers or shareholders of the partnership or joint-stock company;

(12)  misleading or attempting to mislead any litigant;

(13)  making a false declaration or entry, or falsifying, altering, damaging, destroying, or unlawfully disposing of or using the proof of identity as bailiff;

(14)  when the proceeding is an execution, in the absence of a general or special agreement with the client,

(a)  suspending the execution without a settlement between the parties; or

(b)  acting within a period that is prejudicial to the parties;

(15)  direct or indirect purchase of movable or immovable property by the serving bailiff or bailiffs who are partners, shareholders, directors, officers, employees or ordinary mandataries of the partnership or joint-stock company within which the bailiff practises the profession, in any judicial sale under the Code of Civil Procedure (chapter C-25);

(16)  the embezzlement or use for personal purposes of any monies, securities or property entrusted to the bailiff in the practice of the profession;

(17)  claiming fees for professional acts not performed or falsely described;

(18)  undue multiplying of travel for the same proceeding in order to reap greater profit from the application of the tariff;

(19)  departing from the provisions of the Code of Civil Procedure, or any other Act or regulation respecting the practice of the profession of bailiff;

(20)  failing to immediately inform the board of directors of the Chambre when having knowledge of any impediment to the admission of a candidate to the Chambre;

(21)  making a false declaration respecting the eligibility of a candidate for the practice of the profession;

(22)  subject to section 10 of the Court Bailiffs Act and to the Regulation respecting the practice of the profession of bailiff within a partnership or a joint-stock company (chapter H-4.1, r. 8), practising the profession in partnership with any person other than a member of the Chambre;

(23)  being in possession of a restricted firearm or any prohibited substance, in particular pepper spray, during the performance of duties;

(24)  failing to promptly inform the secretary of an intended assignment of property by the bailiff or the partnership or joint-stock company within which the bailiff practises the profession, that such an assignment has been made or that the bailiff, partnership or joint-stock company is the subject of a receiving order;

(25)  communicating with a person who has requested an inquiry in respect of the bailiff without the prior written permission of the syndic of the Chambre or the assistant or corresponding syndic;

(26)  failing to disclose to the syndic of the Chambre that there are reasonable grounds to believe that another member is contravening the Court Bailiffs Act, the Professional Code or a regulation under the Act or the Code;

(27)  practising the profession within, or having an interest in, a partnership or joint-stock company, with a person who, to the knowledge of the bailiff, performs acts that are derogatory to the dignity of the profession of bailiff; and

(28)  practising the profession within, or having an interest in, a partnership or joint-stock company if a partner, shareholder, director, officer or employee of the partnership or joint-stock company has been struck off the roll for more than 3 months or has had his or her professional permit revoked, unless the partner, shareholder, director, officer or employee

(a)  ceases to hold the position of director or officer within the partnership or joint-stock company within 10 days of the date on which the striking off the roll or permit revocation becomes executory, or within any other period authorized by the board of directors;

(b)  ceases to attend shareholder meetings and to exercise voting rights, if applicable, within 10 days of the date on which the striking off the roll or permit revocation becomes executory, or within any other period authorized by the board of directors; and

(c)  disposes of his or her voting shares or transfers them to a trustee within 10 days of the date on which the striking off the roll or or permit revocation becomes executory, or within any other period authorized by the board of directors.

O.C. 550-2002, s. 40; O.C. 647-2009, s. 9.