A-14, r. 5.1.1 - Agreement dated 4 December 2020 between the Minister of Justice and the Barreau du Québec respecting the tariff of fees and expenses of advocates under the legal aid plan and the dispute settlement procedure

Section 151 Disposition versions

2020-12-09

151. An advocate is entitled to a travel allowance only if the destination is farther than a radius of 25 km from the advocate’s office.

When using a personal motor vehicle, an advocate is entitled to the travel allowance per kilometre provided for in section 8 of the Directive sur les frais rembour- sables lors d’un déplacement et autres frais inhérents (C.T. 216155 dated 22 March 2016) as established under the Public Administration Act (chapter A-6.01), subject to the following special rules:

(1)  based on the distance actually travelled, if the travel is within the boundaries of the judicial district of the advocate’s office;

(2)  based on the distance actually travelled up to a maximum of 200 km, if the travel is outside the boundaries of the judicial district of the advocate’s office;

(3)  based on the distance actually travelled if the travel is to the Supreme Court of Canada, the Court of Appeal of Québec, the Federal Court or to any court, tribunal or body having jurisdiction outside the boundaries of the judicial district of the advocate’s office. If an advocate’s office is in a judicial district other than the district where the legal aid centre that issued the mandate is located, the advocate receives either the allowance under subparagraph 2, or an allowance established on the basis of the distance between the place where the mandate was issued and the place where the relevant court, tribunal or body sits, at the advocate’s option; and

(4)  based on the distance actually travelled, with the authorization of the director general of the legal aid centre, if the travel is outside the boundaries of the judicial district of the advocate’s office and the nature or complexity of the matter requires that the mandate be assigned to that advocate.

An advocate entitled to a kilometric allowance is also entitled to reimbursement of any parking expenses incurred.

Decision 2020-12-04, s. 151.

Not in force

In force: 2020-12-09

151. An advocate is entitled to a travel allowance only if the destination is farther than a radius of 25 km from the advocate’s office.

When using a personal motor vehicle, an advocate is entitled to the travel allowance per kilometre provided for in section 8 of the Directive sur les frais rembour- sables lors d’un déplacement et autres frais inhérents (C.T. 216155 dated 22 March 2016) as established under the Public Administration Act (chapter A-6.01), subject to the following special rules:

(1)  based on the distance actually travelled, if the travel is within the boundaries of the judicial district of the advocate’s office;

(2)  based on the distance actually travelled up to a maximum of 200 km, if the travel is outside the boundaries of the judicial district of the advocate’s office;

(3)  based on the distance actually travelled if the travel is to the Supreme Court of Canada, the Court of Appeal of Québec, the Federal Court or to any court, tribunal or body having jurisdiction outside the boundaries of the judicial district of the advocate’s office. If an advocate’s office is in a judicial district other than the district where the legal aid centre that issued the mandate is located, the advocate receives either the allowance under subparagraph 2, or an allowance established on the basis of the distance between the place where the mandate was issued and the place where the relevant court, tribunal or body sits, at the advocate’s option; and

(4)  based on the distance actually travelled, with the authorization of the director general of the legal aid centre, if the travel is outside the boundaries of the judicial district of the advocate’s office and the nature or complexity of the matter requires that the mandate be assigned to that advocate.

An advocate entitled to a kilometric allowance is also entitled to reimbursement of any parking expenses incurred.

Decision 2020-12-04, s. 151.