B-1 - Act respecting the Barreau du Québec

Section 131 Disposition versions

2024-07-01

131. (1)  An advocate must keep absolutely secret the confidences made to him by reason of his profession.

(2)  Such obligation, however, shall not apply when the advocate is expressly or implicitly relieved therefrom by the person who made such confidences to him or where so ordered or expressly authorized by law.

(2.1)  An advocate shall communicate the content of a will or codicil to a testator or a person authorized by the testator. On proof of the testator’s death, the advocate shall communicate the content of the will, in whole or in part, to a person who proves that he is a representative, heir or successor of the testator, the liquidator of the succession, a beneficiary of life insurance or of a death benefit, or the person having parental authority even if the minor child is deceased.

(3)  An advocate may, in addition, communicate information that is protected by professional secrecy, in order to protect a person or an identifiable group of persons where the advocate has reasonable cause to believe that a serious risk of death or of serious bodily injury, related in particular to a disappearance or to an act of violence, including a suicide attempt, threatens the person or group and where the nature of the threat generates a sense of urgency. However, the advocate may only communicate the information to a person exposed to the risk or that person’s representative, and to the persons who can come to that person’s aid. The advocate may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

(3.1)  No judicial proceedings may be brought against an advocate for an act performed in good faith under subsection 3.

(4)  For the purposes of subsection 3, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

1966-67, c. 77, s. 131; 2001, c. 78, s. 4; 2008, c. 11, s. 174; 2009, c. 35, s. 42; 2017, c. 10, s. 25; 2023, c. 5, s. 205.

2017-05-30

131. (1)  An advocate must keep absolutely secret the confidences made to him by reason of his profession.

(2)  Such obligation, however, shall not apply when the advocate is expressly or implicitly relieved therefrom by the person who made such confidences to him or where so ordered or expressly authorized by law.

(2.1)  An advocate shall communicate the content of a will or codicil to a testator or a person authorized by the testator. On proof of the testator’s death, the advocate shall communicate the content of the will, in whole or in part, to a person who proves that he is a representative, heir or successor of the testator, the liquidator of the succession, a beneficiary of life insurance or of a death benefit, or the person having parental authority even if the minor child is deceased.

(3)  An advocate may, in addition, communicate information that is protected by professional secrecy, in order to prevent an act of violence, including a suicide, where the advocate has reasonable cause to believe that there is a serious risk of death or serious bodily injury threatening a person or an identifiable group of persons and where the nature of the threat generates a sense of urgency. However, the advocate may only communicate the information to a person exposed to the danger or that person’s representative, and to the persons who can come to that person’s aid. The advocate may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

(4)  For the purposes of subsection 3, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

1966-67, c. 77, s. 131; 2001, c. 78, s. 4; 2008, c. 11, s. 174; 2009, c. 35, s. 42; 2017, c. 10, s. 25.

2009-06-19

131. (1)  An advocate must keep absolutely secret the confidences made to him by reason of his profession.

(2)  Such obligation, however, shall not apply when the advocate is expressly or implicitly relieved therefrom by the person who made such confidences to him or where so ordered or expressly authorized by law.

(2.1)  An advocate shall communicate the content of a will or codicil to a testator or a person authorized by the testator. On proof of the testator’s death, the advocate shall communicate the content of the will, in whole or in part, to a person who proves that he is a representative, heir or successor of the testator, the liquidator of the succession, a beneficiary of life insurance or of a death benefit, or the person having parental authority even if the minor child is deceased.

(3)  An advocate may, in addition, communicate information that is protected by professional secrecy, in order to prevent an act of violence, including a suicide, where the advocate has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons. However, the advocate may only communicate the information to a person exposed to the danger or that person’s representative, and to the persons who can come to that person’s aid. The advocate may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

1966-67, c. 77, s. 131; 2001, c. 78, s. 4; 2008, c. 11, s. 174; 2009, c. 35, s. 42.

2008-10-15

131. (1)  An advocate must keep absolutely secret the confidences made to him by reason of his profession.

(2)  Such obligation, however, shall not apply when the advocate is expressly or implicitly relieved therefrom by the person who made such confidences to him or where so ordered or expressly authorized by law.

(3)  An advocate may, in addition, communicate information that is protected by professional secrecy, in order to prevent an act of violence, including a suicide, where the advocate has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons. However, the advocate may only communicate the information to a person exposed to the danger or that person’s representative, and to the persons who can come to that person’s aid. The advocate may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

1966-67, c. 77, s. 131; 2001, c. 78, s. 4; 2008, c. 11, s. 174.

2001-12-20

131. (1)  An advocate must keep absolutely secret the confidences made to him by reason of his profession.

(2)  Such obligation, however, shall not apply when the advocate is expressly or implicitly relieved therefrom by the person who made such confidences to him or where so ordered by law.

(3)  An advocate may, in addition, communicate information that is protected by professional secrecy, in order to prevent an act of violence, including a suicide, where the advocate has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons. However, the advocate may only communicate the information to a person exposed to the danger or that person’s representative, and to the persons who can come to that person’s aid. The advocate may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

1966-67, c. 77, s. 131; 2001, c. 78, s. 4.

1977-12-31

131. (1)  An advocate must keep absolutely secret the confidences made to him by reason of his profession.

(2)  Such obligation, however, shall not apply when the advocate is expressly or implicitly relieved therefrom by the person who made such confidences to him.

1966-67, c. 77, s. 131.