H-4.1 - Court Bailiffs Act

À jour au 15 octobre 2008

Ce document a valeur officielle.

chapter H-4.1

Court Bailiffs Act

The Minister Responsible for Government Administration and Chair of the Conseil du trésor is responsible for the administration of this Act. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

DIVISION I INTERPRETATION

1. In this Act and in any Act or regulation, unless the context indicates a different meaning, the term “bailiff” means “court bailiff”.

1995, c. 41, s. 1.

DIVISION II ORDRE PROFESSIONNEL DES HUISSIERS DE JUSTICE DU QUÉBEC

2. All the persons qualified to practise the profession of bailiff in Québec constitute a professional order called “Ordre professionnel des huissiers de justice du Québec” or “Chambre des huissiers de justice du Québec”.

1995, c. 41, s. 2.

3. Subject to this Act, the Order and its members shall be governed by the Professional Code (chapter C-26).

1995, c. 41, s. 3.

4. The head office of the Order shall be within the territory of Ville de Montréal or at such other location in Québec as may be determined by regulation of the board of directors under paragraph f of section 93 of the Professional Code (chapter C-26).

1995, c. 41, s. 4; 2000, c. 56, s. 219; 2008, c. 11, s. 212.

DIVISION III BOARD OF DIRECTORS

2008, c. 11, s. 212.

5. The Order shall be governed by a board of directors constituted as prescribed in the Professional Code (chapter C-26).

1995, c. 41, s. 5; 2008, c. 11, s. 212.

6. In addition to the powers conferred by section 94 of the Professional Code (chapter C-26), the board of directors, by regulation, may establish and administer a research and development fund made up of sums paid into it by the Order, gifts and legacies made for such purpose and the proceeds of the general accounts held in trust by bailiffs in the practice of their profession, in order to promote the quality of professional services, professional training, continuing education and research and information related to the practice of the profession of bailiff.

1995, c. 41, s. 6; 2008, c. 11, s. 212.

7. Section 95.2 of the Professional Code (chapter C-26) applies to a regulation made under section 6.

1995, c. 41, s. 7; 2008, c. 11, s. 184.

DIVISION IV PRACTICE OF THE PROFESSION

8. The practice of the profession of bailiff consists of any act the object of which is to serve written proceedings issuing out of any court, to execute judicial decisions that are executory and to perform any other duty assigned to a bailiff by law or by a court.

1995, c. 41, s. 8.

9. A bailiff may make purely material ascertainments, excluding any opinion on the factual or legal consequences that may result therefrom; such ascertainments have merely informative value.

1995, c. 41, s. 9.

10. No bailiff may practise his profession under a name other than his own.

Nevertheless, bailiffs are allowed to practise their profession under a firm name which may be the name of one, several or all of the partners. The firm name may also continue to include, for a period not exceeding three years, the name of a partner who has ceased to practise his profession provided the firm name included his name for at least one year before he ceased to practise.

1995, c. 41, s. 10.

11. No bailiff may, in the practice of his profession, refer to himself otherwise than as a court bailiff or bailiff.

1995, c. 41, s. 11.

12. A bailiff must perform his duties without partiality. The giving of information to any person who is a party to legal proceedings does not constitute an act of partiality.

1995, c. 41, s. 12.

13. A bailiff shall not charge, for acts described in section 8, fees or costs other than those fixed in the tariff established by regulation of the Government.

1995, c. 41, s. 13.

DIVISION V ILLEGAL PRACTICE OF THE PROFESSION

14. Subject to the rights and privileges granted by law or by regulation to other persons, particularly where it is provided that a proceeding may be served or a decision executed by another person or by way of another mode of service or execution, no person may perform any of the acts described in section 8 unless he is a bailiff.

The first paragraph does not apply to acts performed by a person in accordance with the provisions of a regulation made under paragraph h of section 94 of the Professional Code (chapter C-26).

1995, c. 41, s. 14.

15. No person may act as the bailiff of a municipal court unless he is a member of the Order.

1995, c. 41, s. 15.

16. Every person who contravenes a provision of section 14 or 15 is liable, for each offence, to the penalties prescribed in section 188 of the Professional Code (chapter C-26).

1995, c. 41, s. 16.

DIVISION VI AMENDING PROVISIONS

CODE OF CIVIL PROCEDURE

17. (Amendment integrated into c. C-25, a. 15).

1995, c. 41, s. 17.

18. (Amendment integrated into c. C-25, a. 120).

1995, c. 41, s. 18.

19. (Amendment integrated into c. C-25, a. 554).

1995, c. 41, s. 19.

PROFESSIONAL CODE

20. (Amendment integrated into c. C-26, s. 31).

1995, c. 41, s. 20.

21. (Amendment integrated into c. C-26, s. 32).

1995, c. 41, s. 21.

22. (Amendment integrated into c. C-26, Schedule I).

1995, c. 41, s. 22.

ACT RESPECTING MUNICIPAL COURTS

23. (Amendment integrated into c. C-72.01, s. 68).

1995, c. 41, s. 23.

DIVISION VII TRANSITIONAL AND FINAL PROVISIONS

24. Every person who, on 1 October 1995, is the holder of a bailiff’s permit issued by the Minister of Justice under section 5 or 6 of the Bailiffs Act (chapter H-4) shall be entered on the roll of the Order by operation of law and shall be issued a permit by the Bureau.

A person holding a bailiff’s permit issued under section 6 of the said Act may act as a bailiff only in the judicial district indicated on the permit issued by the Minister of Justice.

1995, c. 41, s. 24.

25. Every person who, on 1 October 1995, is the holder of a trainee’s permit issued by the Minister of Justice is entitled to be issued a bailiff’s permit if he complies with the provisions of subparagraph f of the first paragraph of section 4 of the Bailiffs Act (chapter H-4) or if he meets the requirements of a regulation made by the Order under paragraph i of section 94 of the Professional Code (chapter C-26).

1995, c. 41, s. 25.

26. A member of the Order who is the holder of a permit, badge or other means of identification issued by the Minister of Justice may continue to use it until it is replaced in his respect by a permit, badge or other means of identification issued by the Order.

1995, c. 41, s. 26.

27. The diploma of college studies in legal technology awarded by the Minister of Education, Recreation and Sports to a person enrolled in that program before the date of coming into force of a government regulation, made under the first paragraph of section 184 of the Professional Code (chapter C-26), determining for the first time the diplomas which give access to the permit issued by the Order shall give access to the bailiff’s permit.

1995, c. 41, s. 27; 2005, c. 28, s. 195.

28. Notwithstanding section 5 of this Act, the first Bureau shall be composed of the president and directors elected at the last general meeting of the members of the Chambre des huissiers de justice du Québec, a body incorporated under Part III of the Companies Act (chapter C-38), and of three directors appointed by the Office des professions du Québec pursuant to section 78 of the Professional Code (chapter C-26).

The elected president and directors shall remain in office until the first election of the members of the Bureau held in accordance with the Professional Code.

1995, c. 41, s. 28.

29. Sections 95.2 and 95.3 of the Professional Code (chapter C-26) apply to the first regulation made by the Bureau of the Order under section 65 of the said Code.

1995, c. 41, s. 29.

30. Notwithstanding section 86 of the Professional Code (chapter C-26), the first resolution passed by the Bureau for the purpose of fixing the first annual assessment need not, to come into force, be approved by a majority of the members of the Order, and may take into account the sums already paid by the members as members of the Chambre des huissiers de justice du Québec.

1995, c. 41, s. 30.

31. The provisions of the Regulation respecting the application of the Bailiffs Act (R.R.Q., 1981, c. H-4, r. 2) and the Code of ethics of bailiffs (R.R.Q., 1981, c. H-4, r. 1), made under section 25 of the Bailiffs Act (chapter H-4) continue to have effect until they are amended, replaced or repealed by regulation of the Bureau of the Order in accordance with the Professional Code (chapter C-26).

1995, c. 41, s. 31.

32. The provisions of the Tariff of fees and transportation expenses of bailiffs (R.R.Q., 1981, c. H-4, r. 3) established under subparagraph k of the first paragraph of section 25 of the Bailiffs Act (chapter H-4) apply until they are amended, replaced or repealed by regulation of the Government.

1995, c. 41, s. 32.

33. The examination of complaints received before 1 October 1995 by the committee on discipline established under section 12.1 of the Bailiffs Act (chapter H-4) shall be continued by that committee, which shall retain its competence and powers for such purpose.

A decision of the committee is executory from the date specified therein and notified to the Bureau of the Order.

1995, c. 41, s. 33.

34. Appeals brought before 1 October 1995 under Division II.2 of the Bailiffs Act (chapter H-4) shall be continued and decided in accordance with the provisions of that Act.

1995, c. 41, s. 34.

35. Penal proceedings for offences under the Bailiffs Act (chapter H-4) committed before 1 October 1995 shall be continued and decided in accordance with the provisions of that Act.

1995, c. 41, s. 35.

36. The Order succeeds to the rights and obligations of the Chambre des huissiers de justice du Québec.

The original letters patent and supplementary letters patent granted to the Chambre des huissiers de justice du Québec are cancelled.

1995, c. 41, s. 36.

37. (Omitted).

1995, c. 41, s. 37.

38. (Omitted).

1995, c. 41, s. 38.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 41 of the statutes of 1995, in force on 1 March 1996, is repealed, except section 38, effective from the coming into force of chapter H-4.1 of the Revised Statutes.