B-1 - Act respecting the Barreau du Québec

Section 15 Disposition versions

2023-10-24

15. (1)  The board of directors may:

(a)  (paragraph repealed);

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  (paragraph repealed);

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the board of directors not be sufficient to meet its expenses;

(g)  (paragraph repealed);

(h)  dispose of the books, records and property of the sections abolished by the board of directors under the terms of this Act, in which case the Bar shall assume their obligations;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  prescribe the fees exigible from any person filing an application to the board of directors or the Committee on applications, for the opening of a file;

(l)  on such conditions as it determines, allow the signature of the executive director or bâtonnier to be affixed by means of an automatic device to such documents as it determines; it may also allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines;

(m)  put under trusteeship a section that does not have sufficient funds to subsist or does not use its funds properly or judiciously; compel the officers of such a section to report upon the employment of its funds and, if necessary, order an investigation;

(n)  impose on a section in default to pay the assessment imposed under paragraph f of this subsection the following penalties: forfeiture of the right of representation on the sections council and the putting under trusteeship of the section;

(o)  (paragraph repealed);

(p)  implement, after consulting with the Office des professions du Québec, a pilot project not exceeding three years designed to improve the instruction given in a professional training school established under paragraph b of subsection 2.

(1.1)  The board of directors cannot authorize the substitution of a director.

(1.2)  The board of directors shall take the recommendations of the sections council into consideration. The board of directors must consult the council before making a decision on the following subjects:

(a)  strategic planning;

(b)  by-laws concerning mandatory continuing education, in particular with regard to mandatory training activities;

(c)  professional liability insurance with respect to premiums and insurance coverage; and

(d)  any other subject that the board decides to submit to the council by a vote of two thirds of the directors, except for the determination of assessments under section 85.1 of the Professional Code (chapter C-26).

(2)  The board of directors, by by-law, may:

(a)  (paragraph repealed);

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on a section in default to pay the assessment imposed under paragraph f of subsection 1 the following penalty: abolition of the section;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  establish and administer a fund for legal studies constituted by the sums voted by the board of directors, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to

i.  promote the quality of professional services, the reform of law, professional training, refresher training, legal research and information, and the creation and maintenance of law libraries; and

ii.  finance measures designed to promote access to justice.

(3)  The board of directors, by by-law, must:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches;

(f)  (paragraph repealed);

(g)  establish a register for protection mandates pursuant to article 2166 of the Civil Code and filed with advocates, determine the formalities and conditions applicable thereto and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32; 1990, c. 52, s. 3; 1990, c. 54, s. 9; 1990, c. 76, s. 5; 1994, c. 40, s. 231; 1999, c. 40, s. 36; 2008, c. 11, s. 162, s. 212; 2009, c. 35, s. 35; 2014, c. 13, s. 6; I.N. 2016-01-01 (NCCP); 2020, c. 29, s. 3; 2023, c. 23, s. 6.

2020-12-11

15. (1)  The board of directors may:

(a)  (paragraph repealed);

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  (paragraph repealed);

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the board of directors not be sufficient to meet its expenses;

(g)  (paragraph repealed);

(h)  dispose of the books, records and property of the sections abolished by the board of directors under the terms of this Act, in which case the Bar shall assume their obligations;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  prescribe the fees exigible from any person filing an application to the board of directors or the Committee on applications, for the opening of a file;

(l)  on such conditions as it determines, allow the signature of the executive director or bâtonnier to be affixed by means of an automatic device to such documents as it determines; it may also allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines;

(m)  put under trusteeship a section that does not have sufficient funds to subsist or does not use its funds properly or judiciously; compel the officers of such a section to report upon the employment of its funds and, if necessary, order an investigation;

(n)  impose on a section in default to pay the assessment imposed under paragraph f of this subsection the following penalties: forfeiture of the right of representation on the sections council and the putting under trusteeship of the section;

(o)  (paragraph repealed);

(p)  implement, after consulting with the Office des professions du Québec, a pilot project not exceeding three years designed to improve the instruction given in a professional training school established under paragraph b of subsection 2.

(1.1)  The board of directors cannot authorize the substitution of a director.

(1.2)  The board of directors shall take the recommendations of the sections council into consideration. The board of directors must consult the council before making a decision on the following subjects:

(a)  strategic planning;

(b)  by-laws concerning mandatory continuing education, in particular with regard to mandatory training activities;

(c)  professional liability insurance with respect to premiums and insurance coverage; and

(d)  any other subject that the board decides to submit to the council by a vote of two thirds of the directors, except for the determination of assessments under section 85.1 of the Professional Code (chapter C-26).

(2)  The board of directors, by by-law, may:

(a)  (paragraph repealed);

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on a section in default to pay the assessment imposed under paragraph f of subsection 1 the following penalty: abolition of the section;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  establish and administer a fund for legal studies constituted by the sums voted by the board of directors, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the quality of professional services, the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The board of directors, by by-law, must:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches;

(f)  (paragraph repealed);

(g)  establish a register for protection mandates pursuant to article 2166 of the Civil Code and filed with advocates, determine the formalities and conditions applicable thereto and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32; 1990, c. 52, s. 3; 1990, c. 54, s. 9; 1990, c. 76, s. 5; 1994, c. 40, s. 231; 1999, c. 40, s. 36; 2008, c. 11, s. 162, s. 212; 2009, c. 35, s. 35; 2014, c. 13, s. 6; I.N. 2016-01-01 (NCCP); 2020, c. 29, s. 3.

2016-01-01

15. (1)  The board of directors may:

(a)  (paragraph repealed);

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  (paragraph repealed);

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the board of directors not be sufficient to meet its expenses;

(g)  (paragraph repealed);

(h)  dispose of the books, records and property of the sections abolished by the board of directors under the terms of this Act, in which case the Bar shall assume their obligations;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  prescribe the fees exigible from any person filing an application to the board of directors or the Committee on applications, for the opening of a file;

(l)  on such conditions as it determines, allow the signature of the executive director or bâtonnier to be affixed by means of an automatic device to such documents as it determines; it may also allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines;

(m)  put under trusteeship a section that does not have sufficient funds to subsist or does not use its funds properly or judiciously; compel the officers of such a section to report upon the employment of its funds and, if necessary, order an investigation;

(n)  impose on a section in default to pay the assessment imposed under paragraph f of this subsection the following penalties: forfeiture of the right of representation on the sections council and the putting under trusteeship of the section;

(o)  (paragraph repealed).

(1.1)  The board of directors cannot authorize the substitution of a director.

(1.2)  The board of directors shall take the recommendations of the sections council into consideration. The board of directors must consult the council before making a decision on the following subjects:

(a)  strategic planning;

(b)  by-laws concerning mandatory continuing education, in particular with regard to mandatory training activities;

(c)  professional liability insurance with respect to premiums and insurance coverage; and

(d)  any other subject that the board decides to submit to the council by a vote of two thirds of the directors, except for the determination of assessments under section 85.1 of the Professional Code (chapter C-26).

(2)  The board of directors, by by-law, may:

(a)  (paragraph repealed);

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on a section in default to pay the assessment imposed under paragraph f of subsection 1 the following penalty: abolition of the section;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  establish and administer a fund for legal studies constituted by the sums voted by the board of directors, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the quality of professional services, the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The board of directors, by by-law, must:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches;

(f)  (paragraph repealed);

(g)  establish a register for protection mandates pursuant to article 2166 of the Civil Code and filed with advocates, determine the formalities and conditions applicable thereto and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32; 1990, c. 52, s. 3; 1990, c. 54, s. 9; 1990, c. 76, s. 5; 1994, c. 40, s. 231; 1999, c. 40, s. 36; 2008, c. 11, s. 162, s. 212; 2009, c. 35, s. 35; 2014, c. 13, s. 6; I.N. 2016-01-01 (NCCP).

2015-05-19

15. (1)  The board of directors may:

(a)  (paragraph repealed);

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  (paragraph repealed);

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the board of directors not be sufficient to meet its expenses;

(g)  (paragraph repealed);

(h)  dispose of the books, records and property of the sections abolished by the board of directors under the terms of this Act, in which case the Bar shall assume their obligations;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  prescribe the fees exigible from any person filing an application to the board of directors or the Committee on applications, for the opening of a file;

(l)  on such conditions as it determines, allow the signature of the executive director or bâtonnier to be affixed by means of an automatic device to such documents as it determines; it may also allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines;

(m)  put under trusteeship a section that does not have sufficient funds to subsist or does not use its funds properly or judiciously; compel the officers of such a section to report upon the employment of its funds and, if necessary, order an investigation;

(n)  impose on a section in default to pay the assessment imposed under paragraph f of this subsection the following penalties: forfeiture of the right of representation on the sections council and the putting under trusteeship of the section;

(o)  (paragraph repealed).

(1.1)  The board of directors cannot authorize the substitution of a director.

(1.2)  The board of directors shall take the recommendations of the sections council into consideration. The board of directors must consult the council before making a decision on the following subjects:

(a)  strategic planning;

(b)  by-laws concerning mandatory continuing education, in particular with regard to mandatory training activities;

(c)  professional liability insurance with respect to premiums and insurance coverage; and

(d)  any other subject that the board decides to submit to the council by a vote of two thirds of the directors, except for the determination of assessments under section 85.1 of the Professional Code (chapter C-26).

(2)  The board of directors, by by-law, may:

(a)  (paragraph repealed);

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on a section in default to pay the assessment imposed under paragraph f of subsection 1 the following penalty: abolition of the section;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  establish and administer a fund for legal studies constituted by the sums voted by the board of directors, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the quality of professional services, the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The board of directors, by by-law, must:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches;

(f)  (paragraph repealed);

(g)  establish a register for mandates given in anticipation of the mandator’s incapacity pursuant to article 2166 of the Civil Code and filed with advocates, determine the formalities and conditions applicable thereto and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32; 1990, c. 52, s. 3; 1990, c. 54, s. 9; 1990, c. 76, s. 5; 1994, c. 40, s. 231; 1999, c. 40, s. 36; 2008, c. 11, s. 162, s. 212; 2009, c. 35, s. 35; 2014, c. 13, s. 6.

2009-06-19

15. (1)  The General Council may:

(a)  (paragraph repealed);

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  (paragraph repealed);

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the General Council not be sufficient to meet its expenses;

(g)  (paragraph repealed);

(h)  dispose of the books, records and property of the sections abolished by the General Council under the terms of this Act, in which case the Bar shall assume their obligations;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  prescribe the fees exigible from any person filing an application to the executive committee or the Committee on applications, for the opening of a file;

(l)  on such conditions as it determines, allow the signature of the executive director or bâtonnier to be affixed by means of an automatic device to such documents as it determines; it may also allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines;

(m)  put under trusteeship a section that does not have sufficient funds to subsist or does not use its funds properly or judiciously; compel the officers of such a section to report upon the employment of its funds and, if necessary, order an investigation;

(n)  impose on a section in default to pay the assessment imposed under paragraph f of this subsection the following penalties: forfeiture of the right of representation on the General Council and the putting under trusteeship of the section;

(o)  (paragraph repealed).

(2)  The General Council, by by-law, may:

(a)  (paragraph repealed);

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on a section in default to pay the assessment imposed under paragraph f of subsection 1 the following penalty: abolition of the section;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  establish and administer a fund for legal studies constituted by the sums voted by the General Council, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the quality of professional services, the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The General Council, by by-law, must:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches;

(f)  (paragraph repealed);

(g)  establish a register for mandates given in anticipation of the mandator’s incapacity pursuant to article 2166 of the Civil Code and filed with advocates, determine the formalities and conditions applicable thereto and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32; 1990, c. 52, s. 3; 1990, c. 54, s. 9; 1990, c. 76, s. 5; 1994, c. 40, s. 231; 1999, c. 40, s. 36; 2008, c. 11, s. 162, s. 212; 2009, c. 35, s. 35.

2008-10-15

15. (1)  The General Council may:

(a)  (paragraph repealed);

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  (paragraph repealed);

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the General Council not be sufficient to meet its expenses;

(g)  (paragraph repealed);

(h)  dispose of the books, records and property of the sections abolished by the General Council under the terms of this Act, in which case the Bar shall assume their obligations;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  prescribe the fees exigible from any person filing an application to the executive committee or the Committee on applications, for the opening of a file;

(l)  on such conditions as it determines, allow the signature of the executive director or bâtonnier to be affixed by means of an automatic device to such documents as it determines; it may also allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines;

(m)  put under trusteeship a section that does not have sufficient funds to subsist or does not use its funds properly or judiciously; compel the officers of such a section to report upon the employment of its funds and, if necessary, order an investigation;

(n)  impose on a section in default to pay the assessment imposed under paragraph f of this subsection the following penalties: forfeiture of the right of representation on the General Council and the putting under trusteeship of the section;

(o)  delegate to the Committee on applications the powers conferred on the board of directors by sections 55.1 to 55.3 of the Professional Code (chapter C-26).

(2)  The General Council, by by-law, may:

(a)  (paragraph repealed);

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on a section in default to pay the assessment imposed under paragraph f of subsection 1 the following penalty: abolition of the section;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  establish and administer a fund for legal studies constituted by the sums voted by the General Council, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the quality of professional services, the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The General Council, by by-law, must:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches;

(f)  (paragraph repealed);

(g)  establish a register for mandates given in anticipation of the mandator’s incapacity pursuant to article 2166 of the Civil Code and filed with advocates, determine the formalities and conditions applicable thereto and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32; 1990, c. 52, s. 3; 1990, c. 54, s. 9; 1990, c. 76, s. 5; 1994, c. 40, s. 231; 1999, c. 40, s. 36; 2008, c. 11, s. 162, s. 212.

1999-10-22

15. (1)  The General Council, by resolution, may:

(a)  (paragraph repealed);

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  (paragraph repealed);

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the General Council not be sufficient to meet its expenses;

(g)  (paragraph repealed);

(h)  dispose of the books, records and property of the sections abolished by the General Council under the terms of this Act, in which case the Bar shall assume their obligations;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  prescribe the fees exigible from any person filing an application to the Executive Committee or the Committee on applications, for the opening of a file;

(l)  on such conditions as it determines, allow the signature of the executive director or bâtonnier to be affixed by means of an automatic device to such documents as it determines; it may also, by such resolution, allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines;

(m)  put under trusteeship a section that does not have sufficient funds to subsist or does not use its funds properly or judiciously; compel the officers of such a section to report upon the employment of its funds and, if necessary, order an investigation;

(n)  impose on a section in default to pay the assessment imposed under paragraph f of this subsection the following penalties: forfeiture of the right of representation on the General Council and the putting under trusteeship of the section;

(o)  delegate to the Committee on applications the powers attributed by section 55.1 of the Professional Code (chapter C‐26) to the Bureau.

(2)  The General Council, by by‐law, may:

(a)  (paragraph repealed);

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on a section in default to pay the assessment imposed under paragraph f of subsection 1 the following penalty: abolition of the section;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  establish and administer a fund for legal studies constituted by the sums voted by the General Council, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the quality of professional services, the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The General Council, by by-law, must:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches;

(f)  (paragraph repealed);

(g)  establish a register for mandates given in anticipation of the mandator’s incapacity pursuant to article 2166 of the Civil Code and filed with advocates, determine the formalities and conditions applicable thereto and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32; 1990, c. 52, s. 3; 1990, c. 54, s. 9; 1990, c. 76, s. 5; 1994, c. 40, s. 231; 1999, c. 40, s. 36.

1994-10-15

15. (1)  The General Council, by resolution, may:

(a)  (paragraph repealed);

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  (paragraph repealed);

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the General Council not be sufficient to meet its expenses;

(g)  (paragraph repealed);

(h)  dispose of the books, records and property of the sections abolished by the General Council under the terms of this Act, in which case the Bar shall assume their obligations;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  prescribe the fees exigible from any person filing an application to the Executive Committee or the Committee on applications, for the opening of a file;

(l)  on such conditions as it determines, allow the signature of the executive director or bâtonnier to be affixed by means of an automatic device to such documents as it determines; it may also, by such resolution, allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines;

(m)  put under trusteeship a section that does not have sufficient funds to subsist or does not use its funds properly or judiciously; compel the officers of such a section to report upon the employment of its funds and, if necessary, order an investigation;

(n)  impose on a section in default to pay the assessment imposed under paragraph f of this subsection the following penalties: forfeiture of the right of representation on the General Council and the putting under trusteeship of the section;

(o)  delegate to the Committee on applications the powers attributed by section 55.1 of the Professional Code (chapter C-26) to the Bureau.

(2)  The General Council, by by-law, may:

(a)  (paragraph repealed);

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on a section in default to pay the assessment imposed under paragraph f of subsection 1 the following penalty: abolition of the section;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  establish and administer a fund for legal studies constituted by the sums voted by the General Council, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the quality of professional services, the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The General Council, by by-law, must:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches;

(f)  (paragraph repealed);

(g)  establish a register for mandates given for the eventuality of the mandator’s inability pursuant to article 1731.1 of the Civil Code of Lower Canada and filed with advocates, determine the formalities and conditions applicable thereto and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32; 1990, c. 52, s. 3; 1990, c. 54, s. 9; 1990, c. 76, s. 5; 1994, c. 40, s. 231.

1990-12-20

15. (1)  The General Council, by resolution, may:

(a)  prepare and publish the Roll of the Ordre des avocats du Québec in accordance with the Professional Code (chapter C-26);

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  appoint committees, determine their powers, fix the remuneration of the members thereof;

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the General Council not be sufficient to meet its expenses;

(g)  fix the date and place of an annual general meeting of all the members of the Order;

(h)  dispose of the books, records and property of the sections abolished by the General Council, or of those dissolved on their own initiative under the terms of this Act, in which case the Bar shall assume their obligations;

(i)  establish and administer a benevolent fund;

(j)  establish and administer a retirement fund for the members of the Order;

(k)  prescribe the fees exigible from any person filing an application to the Executive Committee, the Committee on applications or, pursuant to section 88, the professional inspection committee, for the opening of a file;

(l)  on such conditions as it determines, allow the signature of the executive director or bâtonnier to be affixed by means of an automatic device to such documents as it determines; it may also, by such resolution, allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines.

(2)  The General Council, by by-law, may:

(a)  determine what professional acts may be performed by a law student or articled student under the authority and responsibility of an advocate or a member of the judiciary;

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  put under trusteeship or abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on sections in default to pay the assessment imposed under paragraph f of subsection 1 the following penalties: forfeiture of the right of representation on the General Council, putting under trusteeship or abolition of the section;

(e)  prescribe the form of an advocate’s and articled student’s oath of office;

(f)  (paragraph repealed);

(g)  make decisions with respect to the carrying out of its affairs, the administration of its property, the appointment and retirement of its employees, the organization of refresher courses for advocates, any matter of general interest for the Bar and its members and any other matter deemed necessary or useful for the exercise of its powers;

(h)  establish and administer a fund for legal studies constituted by the sums voted by the General Council, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The General Council, by by-law, must:

(a)  ensure the maintenance of the honour and dignity of the Bar and of the discipline of its members and to that end adopt a code of deontology;

(b)  define the professions, callings, industries, trades, offices or functions incompatible with the dignity or practice of the profession;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches;

(f)  prescribe the terms, conditions and standards for the acceptance, custody and disposition of sums of money and securities entrusted to advocates, and those for the keeping and auditing of advocates’ trust accounts, books and registers;

(g)  establish a register for mandates given for the eventuality of the mandator’s inability pursuant to article 1731.1 of the Civil Code and filed with advocates, determine the formalities and conditions applicable thereto and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32; 1990, c. 52, s. 3; 1990, c. 54, s. 9; 1990, c. 76, s. 5.

1990-11-21

15. (1)  The General Council, by resolution, may:

(a)  prepare and publish the Roll of the Ordre des avocats du Québec in accordance with the Professional Code (chapter C-26);

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  appoint committees, determine their powers, fix the remuneration of the members thereof;

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the General Council not be sufficient to meet its expenses;

(g)  fix the date and place of an annual general meeting of all the members of the Order;

(h)  dispose of the books, records and property of the sections abolished by the General Council, or of those dissolved on their own initiative under the terms of this Act, in which case the Bar shall assume their obligations;

(i)  establish and administer a benevolent fund;

(j)  establish and administer a retirement fund for the members of the Order;

(k)  prescribe the fees exigible from any person filing an application to the Executive Committee, the Committee on applications or, pursuant to section 88, the professional inspection committee, for the opening of a file;

(l)  on such conditions as it determines, allow the signature of the executive director or bâtonnier to be affixed by means of an automatic device to such documents as it determines; it may also, by such resolution, allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines.

(2)  The General Council, by by-law, may:

(a)  determine what professional acts may be performed by a law student or articled student under the authority and responsibility of an advocate or a member of the judiciary;

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  put under trusteeship or abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on sections in default to pay the assessment imposed under paragraph f of subsection 1 the following penalties: forfeiture of the right of representation on the General Council, putting under trusteeship or abolition of the section;

(e)  prescribe the form of an advocate’s and articled student’s oath of office;

(f)  (paragraph repealed);

(g)  make decisions with respect to the carrying out of its affairs, the administration of its property, the appointment and retirement of its employees, the organization of refresher courses for advocates, any matter of general interest for the Bar and its members and any other matter deemed necessary or useful for the exercise of its powers;

(h)  establish and administer a fund for legal studies constituted by the sums voted by the General Council, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The General Council, by by-law, must:

(a)  ensure the maintenance of the honour and dignity of the Bar and of the discipline of its members and to that end adopt a code of deontology;

(b)  define the professions, callings, industries, trades, offices or functions incompatible with the dignity or practice of the profession;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches;

(f)  prescribe the terms, conditions and standards for the acceptance, custody and disposition of sums of money and securities entrusted to advocates, and those for the keeping and auditing of advocates’ trust accounts, books and registers.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32; 1990, c. 52, s. 3; 1990, c. 54, s. 9.

1987-06-23

15. (1)  The General Council, by resolution, may:

(a)  prepare and publish the Roll of the Ordre des avocats du Québec in accordance with the Professional Code;

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  appoint committees, determine their powers, fix the remuneration of the members thereof;

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the General Council not be sufficient to meet its expenses;

(g)  fix the date and place of an annual general meeting of all the members of the Order;

(h)  dispose of the books, records and property of the sections abolished by the General Council, or of those dissolved on their own initiative under the terms of this act, in which case the Bar shall assume their obligations;

(i)  establish and administer a benevolent fund;

(j)  establish and administer a retirement fund for the members of the Order.

(2)  The General Council, by by-law, may:

(a)  authorize law students and articled students to engage in activities of a judicial or quasi-judicial nature under the authority and responsibility of an advocate or a member of the judiciary;

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  put under trusteeship or abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on sections in default to pay the assessment imposed under paragraph f of subsection 1 the following penalties: forfeiture of the right of representation on the General Council, putting under trusteeship or abolition of the section;

(e)  prescribe the form of an advocate’s and articled student’s oath of office;

(f)  (paragraph repealed);

(g)  make decisions with respect to the carrying out of its affairs, the administration of its property, the appointment and retirement of its employees, the organization of refresher courses for advocates, any matter of general interest for the Bar and its members and any other matter deemed necessary or useful for the exercise of its powers;

(h)  establish and administer a fund for legal studies constituted by the sums voted by the General Council, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The General Council, by by-law, must:

(a)  ensure the maintenance of the honour and dignity of the Bar and of the discipline of its members and to that end adopt a code of deontology;

(b)  define the professions, callings, industries, trades, offices or functions incompatible with the dignity or practice of the profession;

(c)  establish an indemnity fund for persons wronged by a member who has used amounts for purposes other than those for which they had been remitted;

(d)  establish a procedure, available to clients, for the arbitration of advocates’ accounts;

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14; 1987, c. 54, s. 32.

1977-12-31

15. (1)  The General Council, by resolution, may:

(a)  prepare and publish the Roll of the Ordre des avocats du Québec in accordance with the Professional Code;

(b)  publish official reports of the decisions of the courts of Québec or of Canada, or any other periodical of professional interest;

(c)  determine the duties and functions of its officers and employees, and those of the officers of sections with respect to the Bar and its officers;

(d)  appoint committees, determine their powers, fix the remuneration of the members thereof;

(e)  require an annual financial report from the sections;

(f)  levy on the sections an assessment established on the basis deemed most equitable, should the ordinary revenues of the General Council not be sufficient to meet its expenses;

(g)  fix the date and place of an annual general meeting of all the members of the Order;

(h)  dispose of the books, records and property of the sections abolished by the General Council, or of those dissolved on their own initiative under the terms of this act, in which case the Bar shall assume their obligations;

(i)  establish and administer a benevolent fund;

(j)  establish and administer a retirement fund for the members of the Order.

(2)  The General Council, by by-law, may:

(a)  authorize law students and articled students to engage in activities of a judicial or quasi-judicial nature under the authority and responsibility of an advocate or a member of the judiciary;

(b)  ensure professional training, define its modalities, give the appropriate instruction and, for such purposes, establish and administer a professional training school;

(c)  put under trusteeship or abolish sections which do not have sufficient funds to subsist or do not use their funds properly or judiciously; compel the officers of such sections to report upon the employment of their funds and, if necessary, order an investigation;

(d)  impose on sections in default to pay the assessment imposed under paragraph f of subsection 1 the following penalties: forfeiture of the right of representation on the General Council, putting under trusteeship or abolition of the section;

(e)  prescribe the form of an advocate’s and articled student’s oath of office;

(f)  impose on all members or on certain classes of members the obligation to give by contract of insurance or of suretyship, security against the liability they may incur by reason of fault or negligence committed in the practice of the profession or itself make a group contract for such purposes;

(g)  make decisions with respect to the carrying out of its affairs, the administration of its property, the appointment and retirement of its employees, the organization of refresher courses for advocates, any matter of general interest for the Bar and its members and any other matter deemed necessary or useful for the exercise of its powers;

(h)  establish and administer a fund for legal studies constituted by the sums voted by the General Council, by gifts and legacies made for such purpose, by the proceeds of accounts held in trust by advocates in the exercise of their profession and by the proceeds of the fund, in order to promote the reform of law, professional training, refresher training, legal research and information and the creation and maintenance of law libraries.

(3)  The General Council, by by-law, must:

(a)  ensure the maintenance of the honour and dignity of the Bar and of the discipline of its members and to that end adopt a code of deontology;

(b)  define the professions, callings, industries, trades, offices or functions incompatible with the dignity or practice of the profession;

(c)  establish an indemnity fund for persons wronged by a member who has used amounts for purposes other than those for which they had been remitted;

(d)  establish a procedure, available to clients, for the arbitration of advocates’ accounts;

(e)  establish a register for wills, codicils and revocations of wills filed with advocates, determine the formalities thereof and the terms and conditions and the fees exigible for entries and searches.

1966-67, c. 77, s. 13; 1972, c. 14, s. 92; 1973, c. 44, s. 8; 1975, c. 81, s. 6; 1977, c. 5, s. 229; 1977, c. 66, s. 14.