B-1 - Act respecting the Barreau du Québec

Section 121 Disposition versions

1999-04-01

121. (Repealed).

1966-67, c. 77, s. 121; 1973, c. 44, s. 67; 1975, c. 81, s. 53; 1986, c. 95, s. 34; 1990, c. 54, s. 72; 1994, c. 40, s. 261.

1990-11-21

121. (1)  Any person struck off the Roll or whose rignt to engage in professional activities has been restricted or suspended by the Committee on Discipline may, before the expiry of one of such penalties, apply to the Committee on Discipline for re-entry on the Roll in the case of disbarment, or for resumption of the full right to practise, in the case of restriction or suspension, by a sworn petition addressed to the Executive Committee and filed with the executive director who shall send a copy of the petition to the section concerned and to the syndic who may intervene at any stage of the proceedings.

(2)  The Executive Committee shall examine the record of the applicant, including his disciplinary record; it shall inquire as to whether the applicant has the required moral character, conduct, skills, knowledge and qualifications to practise the profession and it shall decide on the application for re-entry or for resumption of the full right to practise. For its examination, it may summon and examine the applicant, the witnesses for the applicant or any other person whose testimony it considers useful; it may require the production of any document by ordinary summons signed by one of its members. It shall administer the oath or solemn affirmation to the applicant, the witnesses for the applicant or any other person through the agency of one of its members.

(3)  If the Committee dismisses the petition, its decision shall be final. A new petition shall be submitted to it only with its authorization.

(4)  If the Committee is of opinion that the petition should be granted, it shall make an appropriate recommendation to the General Council, which shall decide the matter finally. Whatever the decision, the costs shall be charged to the petitioner, unless there are exceptional circumstances left to the discretion of the General Council. Such decision as to the costs shall be final. If the Executive Committee recommends re-entry on the Roll or resumption of the full right to practise, such re-entry or resumption shall not be effected unless the costs have been paid.

(5)  Section 96 applies to the decisions of the Executive Committee and of the General Council.

1966-67, c. 77, s. 121; 1973, c. 44, s. 67; 1975, c. 81, s. 53; 1986, c. 95, s. 34; 1990, c. 54, s. 72.

1987-02-15

121. (1)  Any person disbarred may apply for his re-entry on the Roll before the expiration of his penalty, by a sworn petition addressed to the Executive Committee and filed with the executive director who shall send a copy of the petition to the section concerned and to the syndic who may intervene at any stage of the proceedings.

(2)  The Executive Committee shall hear the petitioner. It shall inquire as to whether he has the required moral character, qualifications, conduct and competence to practise the profession. It shall also examine his disciplinary record.

(3)  If the Committee dismisses the petition, its decision shall be final. A new petition shall be submitted to it only with its authorization.

(4)  If the Committee is of opinion that the petition should be granted, it shall make an appropriate recommendation to the General Council, which shall decide the matter finally. Whatever the decision, the costs shall be charged to the petitioner, unless there are exceptional circumstances left to the discretion of the General Council. Such decision as to the costs shall be final. If the Executive Committee recommends re-entry on the Roll, such re-entry shall not be made unless the costs have been paid.

(5)  Section 96 applies to the decisions of the Executive Committee and of the General Council.

1966-67, c. 77, s. 121; 1973, c. 44, s. 67; 1975, c. 81, s. 53; 1986, c. 95, s. 34.

1977-12-31

121. (1)  Any person disbarred may apply for his re-entry on the Roll before the expiration of his penalty, by a sworn petition addressed to the Executive Committee and filed with the executive director who shall send a copy of the petition to the section concerned and to the syndic who may intervene at any stage of the proceedings.

(2)  The Executive Committee shall hear the petitioner, enquire into his morals, character, conduct and competence and examine his disciplinary record.

(3)  If the Committee dismisses the petition, its decision shall be final. A new petition shall be submitted to it only with its authorization.

(4)  If the Committee is of opinion that the petition should be granted, it shall make an appropriate recommendation to the General Council, which shall decide the matter finally. Whatever the decision, the costs shall be charged to the petitioner, unless there are exceptional circumstances left to the discretion of the General Council. Such decision as to the costs shall be final. If the Executive Committee recommends re-entry on the Roll, such re-entry shall not be made unless the costs have been paid.

(5)  Section 96 applies to the decisions of the Executive Committee and of the General Council.

1966-67, c. 77, s. 121; 1973, c. 44, s. 67; 1975, c. 81, s. 53.