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A-14 - Act respecting legal aid and the provision of certain other legal services
Section 83.21
Disposition versions
83.21. With the approval of the Conseil du trésor, the Minister may enter into an agreement with the bodies authorized to represent notaries, advocates, bailiffs or stenographers concerning the tariffs of fees applicable for the purposes of this Act as well as a procedure for the settlement of disputes and the matters to which the procedure may apply. The agreement has force of law, takes effect on the date of its publication in the Gazette officielle du Québec, and ceases to have effect on the date specified in the agreement.
Failing an agreement under the first paragraph, the Minister, with the approval of the Conseil du trésor, may make a regulation concerning the matters that may be covered by an agreement and specifying the date on which the regulation ceases to have effect.
A tariff of fees set under this section may include, to the extent it prescribes, a flat fee for all the legal services provided under a single mandate. It may determine the maximum amount of fees that may be paid under this Act to the same professional in the course of a period specified by the tariff and beyond which fees paid to the professional are to be reduced, in respect of each mandate, in the proportion specified by the tariff. The provisions of the tariff of fees pertaining to the maximum amount of fees that may be paid to the same professional may vary according to the class of professionals to which they apply. The tariff may also specify who may determine the fee payable for a service not included in the tariff or, in certain cases, excess fees payable, and set the conditions under which that determination may be made.
The tariff of fees may determine travel compensation and other eligible expenses or specify who may determine them, or refer to the applicable regulation or directive.
An agreement or regulation remains in force after the date on which it ceases to have effect until it is replaced by a new agreement or regulation.
A new agreement or regulation may be retroactive to a date not prior to the date on which the replaced instrument was to cease to have effect. If an amendment is made while an instrument is in effect, it may be retroactive to a date not prior to the instrument’s initial effective date.
