H-4 - Bailiffs Act

Section 25 Disposition versions

1989-09-13

25. The Government may make regulations to:

(a)  determine the form and tenor of applications for permits;

(b)  determine the costs and annual duties that the applicant or holder must pay and the information he must furnish;

(b.1)  determine the form and tenor of an application for a trainee’s permit and the term of such permit;

(c)  determine the form and the amount of the security, or the guarantee replacing it, to be given by a bailiff or a person applying for a permit;

(c.1)  determine the amount of penalty that the bailiff must pay to the Minister where he has failed to pay the annual duties exigible or to provide the security prescribed by regulation;

(c.2)  determine the form and tenor of the oath that the bailiff is required to make;

(d)  prescribe the conditions of deposit and withdrawal of the funds a bailiff must deposit in a trust account;

(e)  fix the delay in which a bailiff must pay the moneys he has collected or received for another person;

(f)  determine a procedure for the arbitration of bailiffs’ accounts, provide for a right of appeal in such matter before a judge of the Court of Québec and determine the procedure applicable to such appeal;

(g)  determine the professions, trades, industries, businesses, offices or duties incompatible with the exercise of the office of bailiff;

(h)  establish a code of ethics for bailiffs;

(i)  determine the conditions of exercise of activities of a person serving a period of professional training and the professional acts he may perform;

(j)  prescribe the books, registers, accounts and other documents a bailiff must keep;

(j.1)  determine the costs for copying a thing seized under section 29.4;

(k)  establish, after consulting with the advisory committee, the tariff of bailiff’s fees and a tariff of bailiffs’ travelling expenses;

(l)  give to a corporation of bailiffs the mandate to apply, in whole or in part, on the conditions it determines, this Act and the regulations made under this section;

(m)  (subparagraph repealed).

Regulations made under subparagraphs c and k of the first paragraph do not apply to a bailiff appointed to a municipal court if he performs his duties only in that court.

Regulations made under subparagraphs d, e, f and j of the first paragraph do not apply to a bailiff appointed to a municipal court if he performs his duties only in that court, except where he is called upon to collect or receive sums of money on behalf of the municipality which requests him to hold such sums in trust or, as the case may be, to file a statement of fees and travelling expenses in the performance of his duties.

1974, c. 13, s. 25; 1982, c. 32, s. 110; 1987, c. 41, s. 1; 1988, c. 21, s. 66; 1989, c. 57, s. 25.

1988-08-31

25. The Government may make regulations to:

(a)  determine the form and tenor of applications for permits;

(b)  determine the duties that the applicant or holder must pay and the information he must furnish;

(c)  determine the form and the amount of the security, or the guarantee replacing it, to be given by a bailiff or a person applying for a permit;

(d)  prescribe the conditions of deposit and withdrawal of the funds a bailiff must deposit in a trust account;

(e)  fix the delay in which a bailiff must pay the moneys he has collected or received for another person;

(f)  determine a procedure for the arbitration of bailiffs’ accounts, provide for a right of appeal in such matter before a judge of the Court of Québec and determine the procedure applicable to such appeal;

(g)  determine the professions, trades, industries, businesses, offices or duties incompatible with the dignity or exercise of the office of bailiff;

(h)  determine what acts are derogatory to the dignity of the office of bailiff;

(i)  determine the conditions of exercise of activities of a person serving a period of professional training and the professional acts he may perform;

(j)  prescribe the books, registers and accounts a bailiff must keep;

(k)  establish, after consulting with the advisory committee, the tariff of bailiff’s fees and a tariff of bailiffs’ travelling expenses;

(l)  give to a corporation of bailiffs the mandate to apply, in whole or in part, on the conditions it determines, this Act and the regulations made under this section;

(m)  exempt the persons acting as bailiffs under the Bailiffs Act (Revised Statutes, 1964, chapter 28) from fulfilling one or more of the conditions mentioned in section 4 and fix the date until which those persons may continue to act as bailiffs without holding the permit contemplated in this Act.

The regulations made under this section shall come into force on the date of their publication in the Gazette officielle du Québec or on any other date indicated therein.

1974, c. 13, s. 25; 1982, c. 32, s. 110; 1987, c. 41, s. 1; 1988, c. 21, s. 66.

1987-06-23

25. The Government may make regulations to:

(a)  determine the form and tenor of applications for permits;

(b)  determine the duties that the applicant or holder must pay and the information he must furnish;

(c)  determine the form and the amount of the security, or the guarantee replacing it, to be given by a bailiff or a person applying for a permit;

(d)  prescribe the conditions of deposit and withdrawal of the funds a bailiff must deposit in a trust account;

(e)  fix the delay in which a bailiff must pay the moneys he has collected or received for another person;

(f)  determine a procedure for the arbitration of bailiffs’ accounts, provide for a right of appeal in such matter before a judge of the Provincial Court and determine the procedure applicable to such appeal;

(g)  determine the professions, trades, industries, businesses, offices or duties incompatible with the dignity or exercise of the office of bailiff;

(h)  determine what acts are derogatory to the dignity of the office of bailiff;

(i)  determine the conditions of exercise of activities of a person serving a period of professional training and the professional acts he may perform;

(j)  prescribe the books, registers and accounts a bailiff must keep;

(k)  establish, after consulting with the advisory committee, the tariff of bailiff’s fees and a tariff of bailiffs’ travelling expenses;

(l)  give to a corporation of bailiffs the mandate to apply, in whole or in part, on the conditions it determines, this Act and the regulations made under this section;

(m)  exempt the persons acting as bailiffs under the Bailiffs Act (Revised Statutes, 1964, chapter 28) from fulfilling one or more of the conditions mentioned in section 4 and fix the date until which those persons may continue to act as bailiffs without holding the permit contemplated in this Act.

The regulations made under this section shall come into force on the date of their publication in the Gazette officielle du Québec or on any other date indicated therein.

1974, c. 13, s. 25; 1982, c. 32, s. 110; 1987, c. 41, s. 1.

1982-07-23

25. The Government may make regulations to:

(a)  determine the form and tenor of applications for permits;

(b)  determine the duties that the applicant or holder must pay and the information he must furnish;

(c)  determine the form and the amount of the security, or the guarantee replacing it, to be given by a bailiff or a person applying for a permit;

(d)  prescribe the conditions of deposit and withdrawal of the funds a bailiff must deposit in a trust account;

(e)  fix the delay in which a bailiff must pay the moneys he has collected or received for another person;

(f)  determine a procedure for the arbitration of bailiffs’ accounts;

(g)  determine the professions, trades, industries, businesses, offices or duties incompatible with the dignity or exercise of the office of bailiff;

(h)  determine what acts are derogatory to the dignity of the office of bailiff;

(i)  determine the conditions of exercise of activities of a person serving a period of professional training and the professional acts he may perform;

(j)  prescribe the books, registers and accounts a bailiff must keep;

(k)  establish, after consulting with the advisory committee, the tariff of bailiff’s fees and a tariff of bailiffs’ travelling expenses;

(l)  give to a corporation of bailiffs the mandate to apply, in whole or in part, on the conditions it determines, this act and the regulations made under this section;

(m)  exempt the persons acting as bailiffs under the Bailiffs Act (Revised Statutes, 1964, chapter 28) from fulfilling one or more of the conditions mentioned in section 4 and fix the date until which those persons may continue to act as bailiffs without holding the permit contemplated in this act.

The regulations made under this section shall come into force on the date of their publication in the Gazette officielle du Québec or on any other date indicated therein.

1974, c. 13, s. 25; 1982, c. 32, s. 110.

1977-12-31

25. The Government may make regulations to:

(a)  determine the form and tenor of applications for permits;

(b)  determine the duties that the applicant or holder must pay and the information he must furnish;

(c)  determine the form and the amount of the security, or the guarantee replacing it, to be given by a bailiff or a person applying for a permit;

(d)  prescribe the conditions of deposit and withdrawal of the funds a bailiff must deposit in a trust account;

(e)  fix the delay in which a bailiff must pay the moneys he has collected or received for another person;

(f)  determine a procedure for the arbitration of bailiffs’ accounts;

(g)  determine the professions, trades, industries, businesses, offices or duties incompatible with the dignity or exercise of the office of bailiff;

(h)  determine what acts are derogatory to the dignity of the office of bailiff;

(i)  determine the conditions of exercise of activities of a person serving a period of professional training and the professional acts he may perform;

(j)  prescribe the books, registers and accounts a bailiff must keep;

(k)  establish the tariff of fees of the bailiffs after consulting with the advisory committee;

(l)  give to a corporation of bailiffs the mandate to apply, in whole or in part, on the conditions it determines, this act and the regulations made under this section;

(m)  exempt the persons acting as bailiffs under the Bailiffs Act (Revised Statutes, 1964, chapter 28) from fulfilling one or more of the conditions mentioned in section 4 and fix the date until which those persons may continue to act as bailiffs without holding the permit contemplated in this act.

The regulations made under this section shall come into force on the date of their publication in the Gazette officielle du Québec or on any other date indicated therein.

1974, c. 13, s. 25.