B-1 - Act respecting the Barreau du Québec

Section 129 Disposition versions

2023-10-24

129. None of the provisions of section 128 shall limit or restrict:

(a)  the right of an advocate to perform any other act not expressly forbidden by this Act or the by-laws of the Bar;

(b)  the rights specifically defined and granted to any person by any public or private law;

(c)  the right of public or private bodies to be represented by their officers, except for the purpose of pleading, before any organization having a quasi-judicial function;

(d)  the right of secretaries or assistant-secretaries of legal persons established for a private interest or in the public interest to draw up the minutes of meetings of directors or shareholders and all other documents which they are authorized to draw up in virtue of federal or provincial laws;

(e)  the right of a practising notary to perform the acts therein set forth except those contemplated in paragraph b of subsection 1, other than in non-contentious matters, and in paragraphs a and e of subsection 2; but a practising notary may imply that judicial proceedings will be taken;

(f)  the right of a retired advocate to perform the acts referred to in subsection 1 of section 128 within a legal person referred to in section 131.1 in accordance with the by-law adopted under that section;

(g)  the right of a retired notary to perform, within a legal person referred to in section 26.1 of the Notaries Act (chapter N-3) and in accordance with the regulation made under that section, the acts referred to in paragraphs 3 to 5 of section 15 of that Act as well as those referred to in paragraph 7 of that section, with the exception of representing clients in connection with any application that may be dealt with according to the procedure for non-contentious proceedings set out in Book III of the Code of Civil Procedure (chapter C-25.01).

1966-67, c. 77, s. 129; 1999, c. 40, s. 36; 2022, c. 26, s. 4; 2023, c. 23, s. 7.

2023-05-25

129. None of the provisions of section 128 shall limit or restrict:

(a)  the right of an advocate to perform any other act not expressly forbidden by this Act or the by-laws of the Bar;

(b)  the rights specifically defined and granted to any person by any public or private law;

(c)  the right of public or private bodies to be represented by their officers, except for the purpose of pleading, before any organization having a quasi-judicial function;

(d)  the right of secretaries or assistant-secretaries of legal persons established for a private interest or in the public interest to draw up the minutes of meetings of directors or shareholders and all other documents which they are authorized to draw up in virtue of federal or provincial laws;

(e)  the right of a practising notary to perform the acts therein set forth except those contemplated in paragraph b of subsection 1, other than in non-contentious matters, and in paragraphs a and e of subsection 2; but a practising notary may imply that judicial proceedings will be taken;

(f)  the right of a retired advocate to perform the acts referred to in subsection 1 of section 128 within a legal person referred to in section 131.1 in accordance with the by-law adopted under that section.

1966-67, c. 77, s. 129; 1999, c. 40, s. 36; 2022, c. 26, s. 4.

1999-10-22

129. None of the provisions of section 128 shall limit or restrict:

(a)  the right of an advocate to perform any other act not expressly forbidden by this Act or the by-laws of the Bar;

(b)  the rights specifically defined and granted to any person by any public or private law;

(c)  the right of public or private bodies to be represented by their officers, except for the purpose of pleading, before any organization having a quasi-judicial function;

(d)  the right of secretaries or assistant-secretaries of legal persons established for a private interest or in the public interest to draw up the minutes of meetings of directors or shareholders and all other documents which they are authorized to draw up in virtue of federal or provincial laws;

(e)  the right of a practising notary to perform the acts therein set forth except those contemplated in paragraph b of subsection 1, other than in non-contentious matters, and in paragraphs a and e of subsection 2; but a practising notary may imply that judicial proceedings will be taken.

1966-67, c. 77, s. 129; 1999, c. 40, s. 36.

1977-12-31

129. None of the provisions of section 128 shall limit or restrict:

(a)  the right of an advocate to perform any other act not expressly forbidden by this Act or the by-laws of the Bar;

(b)  the rights specifically defined and granted to any person by any public or private law;

(c)  the right of public or private bodies to be represented by their officers, except for the purpose of pleading, before any organization having a quasi-judicial jurisdiction, without their being deemed to act for others;

(d)  the right of secretaries or assistant-secretaries of public or private corporations to draw up the minutes of meetings of directors or shareholders and all other documents which they are authorized to draw up in virtue of federal or provincial laws;

(e)  the right of a practising notary to perform the acts therein set forth except those contemplated in paragraph b of subsection 1, other than in non-contentious matters, and in paragraphs a and e of subsection 2; but a practising notary may imply that judicial proceedings will be taken.

1966-67, c. 77, s. 129.