In force: 2022-04-28
3. An advocate may act as a supervisor under the following terms and conditions:(1) the advocate has been entered on the Roll as a practising advocate for at least 5 years or was re-entered as such after being entered on the Roll as a retired advocate for less than 5 years;
(2) the advocate is covered under the professional liability insurance fund of the Barreau;
(3) the advocate keeps up the records he or she opens within a legal clinic or ensures that they are kept up by another practising advocate or by a notary who complies, as applicable, with the terms and conditions provided for in this section or in section 3 of the Regulation respecting the professional activities that may be engaged in by persons other than notaries (chapter N-3, r. 0.2), and who is designated to do so by the university-level educational institution; (4) the advocate 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) or a proceeding for an offence punishable by a term of imprisonment of 5 years or more; (5) the advocate is not the subject, nor was the subject, in the 5 years preceding the date on which the supervision 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 provided for in a regulation made under section 90 of the Professional Code; (b) a decision finding the advocate guilty of an offence under the Professional Code, the Act respecting the Barreau du Québec or a regulation made for their application;
(c) a judicial decision described in subparagraph 1, 2, 5 or 6 of the first paragraph of section 45 of the Professional Code.
An advocate who holds a special permit issued in accordance with a regulation under subparagraph r of the first paragraph of section 94 of the Professional Code or a temporary restrictive permit issued in accordance with section 42.1 of the Professional Code may not act as a supervisor.
652-2022O.C. 652-2022, s. 3.