b-1 - Act respecting the Barreau du Québec

À jour au 18 décembre 2007

Ce document a valeur officielle.

chapter B-1

Act respecting the Barreau du Québec

The Minister of Justice is entrusted with the application of this Act. Order in Council 29-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1254.

DIVISION I DECLARATORY AND INTERPRETATIVE PROVISIONS

1. In this Act and in the by-laws made thereunder, unless the context requires a different meaning, the following words mean respectively:

(a)  “Bar” : the Ordre professionnel des avocats du Québec constituted by section 3;

(b)  “General Council” : the General Council of the Bar;

(c)  “Order of Advocates” : the professional body composed of all the members of the Bar;

(d)  “Roll” : the Roll of the Order of Advocates;

(e)  “advocate”, “legal counsel”, “member of the Bar”, “attorney” : a person entered on the Roll;

(f)  “permit” : a permit issued in accordance with this Act and the Professional Code (chapter C‐26);

(g)  “solicitor” : an advocate from another province or a territory of Canada or a law professor who is entered on the Roll under a restrictive permit; “advocate” includes “solicitor”, unless otherwise provided by law;

(h)  (paragraph repealed);

(i)  “section” : a local corporation of the Bar, composed of the advocates entered on the Roll therein;

(j)  “council” : the council of a section;

(k)  “person” : a corporate body or an individual, as well as an association, partnership or corporation;

(l)  “court” : any organization sitting in Québec and there exercising a judicial or quasi-judicial function;

(m)  “judicial costs” or “costs” : costs provided for in the tariff, and taxable by the competent officer of a court;

(n)  “extrajudicial costs” : fees or costs which an advocate may charge for professional services or in addition to judicial costs, and which arise from the practice of the profession of advocate;

(o)  “stenography” : stenography or recording of depositions in conformity with article 324 of the Code of Civil Procedure (chapter C‐25);

(p)  “retired advocate” : a person entered on the Roll as a retired advocate; “advocate” includes “retired advocate”, unless otherwise provided by law.

1966-67, c. 77, s. 1; 1973, c. 44, s. 1; 1975, c. 81, s. 1; 1977, c. 5, s. 229; 1990, c. 54, s. 1; 1994, c. 40, s. 227; 1999, c. 40, s. 36; 2007, c. 35, s. 1.

2. An advocate is an officer of the court and participates in the administration of justice.

1966-67, c. 77, s. 2.

DIVISION II CONSTITUTION OF THE BAR

1999, c. 40, s. 36.

3. The Order of Advocates is a professional order called the “Barreau du Québec”.

1966-67, c. 77, s. 3; 1973, c. 44, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 228.

4. The Bar and its members shall be governed by the Professional Code (chapter C‐26), subject to the contrary or inconsistent provisions of this Act.

1973, c. 44, s. 3.

5. (1)  The Bar shall be divided into sections.

(2)  Each section shall be separate and autonomous and shall be composed of the advocates entered on the Roll for that section.

(3)  The existing sections are respectively named: The Bar of Montréal, The Bar of Québec, The Bar of the Mauricie, The Bar of Saint-François, the Bar of Arthabaska, The Bar of Bedford, The Bar of Hull, The Bar of Richelieu, The Bar of the Bas-Saint-Laurent-Gaspésie-Îles-de-la-Madeleine, The Bar of Saguenay-Lac-Saint-Jean, The Bar of Laurentides-Lanaudière, The Bar of Abitibi-Témiscamingue, The Bar of the Côte-Nord, The Bar of Longueuil and The Bar of Laval.

(4)  The territorial limits of the sections are determined in Schedule I.

1966-67, c. 77, s. 4; 1975, c. 81, s. 2; 1985, c. 29, s. 2; 1987, c. 79, s. 1; 1990, c. 54, s. 2; 1999, c. 40, s. 36; 2001, c. 64, s. 1.

6. The Bar and each of the sections are legal persons.

They may acquire, hold, administer, sell, lease, exchange or cede movable and immovable property situated in Québec.

They may hypothecate movable and immovable property to secure payment of the bonds or securities issued by them.

They must dispose, within a reasonable time, of immovables which, for a period of seven consecutive years, have not been used for the pursuit of their objects.

1966-67, c. 77, s. 5; 1968, c. 69, s. 1; 1992, c. 57, s. 441; 1999, c. 40, s. 36.

7. (1)  The Bar shall have its head office in Montréal or at any other place determined by by-law of the General Council adopted pursuant to paragraph f of section 93 of the Professional Code (chapter C-26).

(2)  Each section shall have its head office at such place as it may fix by resolution.

(3)  (Subsection repealed).

1966-67, c. 77, s. 6; 1990, c. 54, s. 3; 1994, c. 40, s. 229.

8. All proceedings brought against the Bar must be served at its head office.

Proceedings brought against a section must be served either at its head office or upon the bâtonnier or the secretary of that section, either personally or at his office.

1966-67, c. 77, s. 7; 1990, c. 54, s. 4.

9. The Bar and each section shall have a seal bearing its name around the border.

1966-67, c. 77, s. 8.

DIVISION III GENERAL COUNCIL

§ 1 . — Composition

10. (1)  The Bar shall be governed by the “General Council of the Barreau du Québec”.

(2)  The General Council shall exercise all the rights, powers and prerogatives and assume the obligations of the Bureau within the meaning of the Professional Code (chapter C-26).

(3)  The General Council shall be composed of the Bâtonnier of the Province of Québec, the vice-president, ten delegates from the section of Montréal, five delegates from the section of Québec, two delegates from each of the sections of the Mauricie, Saint-François and Hull, one delegate from each of the other sections and four other members appointed by the Office des professions du Québec in accordance with the Professional Code.

(4)  The delegates from each section shall be chosen by the council of the section from among former and present councillors. The council shall also in like manner appoint three substitutes to replace any delegate who is unable to attend a meeting, upon designation by the Bâtonnier of the section. If the delegates and the substitutes are unable to attend a meeting, the bâtonnier shall designate as many members from his section as are necessary to constitute his section’s delegation at the meeting.

(5)  The members of the General Council shall remain in office until their death, resignation or disbarment or until the coming into office of their successors at the first regular meeting of the General Council which is held each year in accordance with subsection 1 of section 13.

1966-67, c. 77, s. 9; 1973, c. 44, s. 4; 1974, c. 65, s. 109; 1975, c. 81, s. 3; 1977, c. 5, s. 229; 1990, c. 54, s. 5.

11. (1)  The Bâtonnier of the Province of Québec shall be president of the Bar. He shall have right of general supervision of the affairs of the Bar and shall preside at meetings of the General Council, sittings of the Executive Committee and general meetings. He shall be a member exofficio of all committees appointed by the Bar, except the disciplinary bodies, the professional inspection bodies and the examining committee. He shall prevent and reconcile disputes of a professional nature between the members of the Bar.

(2)  Advocates who have held the office of Bâtonnier of the Province of Québec shall retain the title and shall have precedence according to seniority as long as they remain members of the Bar.

(3)  When the Bâtonnier of the Province of Québec is absent or unable to act, the vice-president shall replace him and perform his duties.

(4)  When the office of Bâtonnier of the Province of Québec becomes vacant, the vice-president shall assume it for the unexpired portion of the then current term; the General Council shall then elect one of its members vice-president.

(5)  Apart from the Bâtonnier of the Province of Québec and the vice-president, the Executive Committee may appoint other officers whose duties it shall determine.

1966-67, c. 77, s. 10; 1973, c. 44, s. 5; 1975, c. 81, s. 4; 1999, c. 40, s. 36.

12. (1)  The members of the Bar shall elect the Bâtonnier of the Province of Québec and the vice-president by a general vote.

Their terms of office shall be fixed by by-law of the General Council and section 95.1 of the Professional Code (chapter C-26) shall apply to such by-law.

(2)  All members of the Bar except solicitors and retired advocates shall be eligible to the offices of Bâtonnier of the Province of Québec and of vice-president, and entitled to vote at an election.

(3)  A candidate for the office of Bâtonnier must however have been a member of the General Council for at least one year during the five years preceding the date of the election.

(4)  Every nomination for the office of Bâtonnier of the Province of Québec or of vice-president must be supported by the signature of not less than 30 advocates practising in at least six sections.

(5)  If there is only one candidate for the office of Bâtonnier of the Province of Québec or of vice-president, he shall be declared elected.

(6)  If an election is necessary, it shall be held according to the mode and procedure for nominations and elections established under the Professional Code (chapter C-26).

(7)  The Bâtonnier of the Province of Québec and the vice-president shall assume office at the annual general meeting provided for in section 103 of the Professional Code and shall remain in office until the expiry of their term, their death, resignation, replacement or disbarment.

1973, c. 44, s. 6; 1975, c. 81, s. 5; 1977, c. 66, s. 13; 1990, c. 54, s. 6; 1994, c. 40, s. 230; 2007, c. 35, s. 2.

§ 2 . — Meetings

13. (1)  The first regular meeting of the General Council shall be held at the place and date fixed by the Executive Committee.

(2)  The General Council shall fix by resolution the date and place for the other regular meetings.

(3)  The Bâtonnier of the Province of Québec, the Executive Committee or twelve members of the General Council may call a special meeting.

(4)  Every meeting shall be called by letter of the Bâtonnier of the Province of Québec or the executive director.

1966-67, c. 77, s. 11; 1973, c. 44, s. 7; 1990, c. 54, s. 7.

14. A majority of the members of the General Council shall constitute a quorum; its decisions shall be taken in accordance with section 84 of the Professional Code (chapter C-26).

1966-67, c. 77, s. 12; 1990, c. 54, s. 8.

§ 3 . — Powers

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.

16. Section 95.1 of the Professional Code (chapter C-26) applies to any by-law adopted by the General Council under paragraphs c, d and h of subsection 2 of section 15 and under subsection 3 of that section.

1966-67, c. 77, s. 14; 1973, c. 44, s. 9; 1994, c. 40, s. 232.

17. (1)  Any communication of a notice, call or information under this Act or a by-law adopted thereunder or under the Professional Code (chapter C‐26) shall be given by mailing to the last known address at the head office of the Bar, of a letter, review or newspaper published by the Bar and containing such notice, call or information.

(2)  Proof of such communication or of receipt by the Bar of any document may be made before a court or a body of the Bar by producing an affidavit signed by the person who gave the communication or received the document.

1973, c. 44, s. 10; 1974, c. 65, s. 52; 1994, c. 40, s. 233.

18. The fact that the Bar gives information based on the registers established under subparagraphs e and g of subsection 3 of section 15, respecting wills, codicils and revocations of wills filed with advocates, or mandates given in anticipation of the mandator’s incapacity and filed with advocates, shall not engage its responsibility for errors or omissions.

1975, c. 81, s. 7; 1994, c. 40, s. 234.

§ 4 . — Executive Committee

19. (1)  At the meeting provided for in subsection 1 of section 13, the General Council shall form the Executive Committee of the Bar.

(2)  The Executive Committee shall consist of ten members of the General Council, namely:

(a)  the bâtonnier of the Province of Québec and the vice-président; and also

(b)  three members selected from among the delegates of the section of Montréal;

(c)  two members selected from among those of the section of Québec;

(d)  two delegates of the other sections;

(e)  one member selected from among those appointed by the Office des professions du Québec.

(3)  (Subsection repealed).

1966-67, c. 77, s. 15; 1973, c. 44, s. 12; 1990, c. 54, s. 10.

20. (1)  The Executive Committee shall be presided over by the bâtonnier of the Province of Québec.

(2)  Six members of the Executive Committee shall constitute a quorum; its decisions shall be taken in accordance with the third and fourth paragraphs of section 100 of the Professional Code (chapter C-26).

(3)  In the case of a tie vote, the chairman shall give a casting vote.

1966-67, c. 77, s. 16; 1973, c. 44, s. 13; 1990, c. 54, s. 11; 1994, c. 40, s. 235.

21. The members of the Executive Committee shall remain in office until the election of their successors.

The General Council shall fill any vacancy during a term of office with one of its members.

1966-67, c. 77, s. 17; 1973, c. 44, s. 14.

22. (1)  The Executive Committee shall see to the day-to-day administration of the affairs of the Bar and exercise the powers of the General Council, except those which are exercised by by-law.

(2)  The Executive Committee shall report all its decisions to the General Council at its next meeting; the latter may amend or rescind them, without prejudice to acquired rights.

1966-67, c. 77, s. 18; 1973, c. 44, s. 15.

22.1. In the exercise of its powers under sections 48, 70, 71, 72 and 122, the Executive Committee may delegate its powers to a Committee on Petitions. The Committee on Petitions consists of at least three members, including a chairman chosen from among the members of the Executive Committee. At least two other members are chosen by the bâtonnier of the Province of Québec or, failing him, by the Executive Committee, from a list of 25 advocates designated by the General Council.

The Executive Committee may, by resolution, determine the operating procedure of the Committee on Petitions and provide that the bâtonnier of the Province of Québec decide which petitions must be heard by the Executive Committee or by the Committee on Petitions.

1984, c. 27, s. 47; 1990, c. 54, s. 12; 1994, c. 40, s. 236.

§ 5 . — Administration

23. (1)  The General Council shall appoint an executive director who shall act as secretary of the Order.

(2)  He may be assisted by assistants or other persons to whom the General Council entrusts particular duties.

(3)  The executive director or the person designated by resolution of the Executive Committee shall act as secretary of the General Council and of the Executive Committee.

1966-67, c. 77, s. 19; 1973, c. 44, s. 17; 1990, c. 54, s. 13; 1994, c. 40, s. 237.

24. (1)  The executive director shall perform the duties prescribed by this Act and the by-laws and also those assigned to him by the General Council and the Executive Committee. He shall act under the authority of the Executive Committee and be responsible for the administration and operation of the Bar. He shall, in particular,

(a)  see that the resolutions of the General Council and of the Executive Committee are carried out;

(b)  prepare the organization and staffing plan of the head office of the Bar and submit it to the Executive Committee for approval;

(c)  prepare the annual budget, submit it to the Executive Committee for approval and see to its application;

(d)  select and hire the personnel of the staff of the head office of the Bar;

(e)  make recommendations to the Executive Committee on the hiring and appointment of the executive officers of the staff of the head office of the Bar.

(2)  He may receive any sworn statement and administer the oaths prescribed by this Act.

(3)  He shall forward each year to the secretary of each section the financial statements of the Bar as at 31 March.

1966-67, c. 77, s. 20; 1973, c. 44, s. 78; 1990, c. 54, s. 14.

25. (1)  The assistant executive director, under the direction of the executive director, shall perform the functions and duties of the latter and replace him when he is absent or unable to act.

(2)  When the executive director is absent or unable to act, anything required of him may validly be done by the bâtonnier of the Province of Québec, the assistant executive director or any other person designated by the Executive Committee.

1966-67, c. 77, s. 21; 1973, c. 44, s. 78; 1999, c. 40, s. 36.

26. The executive director and his assistant and the syndic and his assistants shall be full-time members of the secretariat and none of them may be dismissed except by a vote of two-thirds of the members of the General Council.

1966-67, c. 77, s. 27; 1973, c. 44, s. 78; 1990, c. 54, s. 15.

DIVISION IV SECTIONS

§ 1 . — Meetings

27. (1)  Each section shall hold an annual general meeting between 20 April and 10 May.

(2)  The council shall fix the date and the agenda for such meeting.

1966-67, c. 77, s. 29; 1977, c. 66, s. 15.

28. Special meetings of the section may be held at the call of the secretary, at the request of the council, the bâtonnier or the first councillor, or upon the written requisition of twenty members in the section of Montréal, ten members in the section of Québec and six members in the other sections.

1966-67, c. 77, s. 30.

29. Fifty members shall constitute a quorum at general meetings in the section of Montréal, twenty members in the section of Québec and eight members in the other sections.

1966-67, c. 77, s. 31.

30. General meetings shall be called in the manner and at the place determined by the by-laws of the section or by resolution of the council.

1966-67, c. 77, s. 32.

§ 2 . — Councils

31. The council of each section shall be composed of four officers: the bâtonnier, the first councillor, the treasurer and the secretary, and councillors to the number of nine for the section of Montréal, eight for the section of Québec and not fewer than three nor more than eight for the other sections.

1966-67, c. 77, s. 33; 1990, c. 54, s. 16.

32. (1)  The election of the officers and councillors shall be held between 20 April and 10 May.

(2)  The council, by resolution, shall determine the election procedure and appoint a member of the section to preside at the election.

(3)  The votes shall be cast by secret ballot at a place designated by the council.

(4)  If the annual meeting is adjourned for purposes of the election, the quorum, when the meeting reconvenes, shall consist of the members present.

(5)  Only practising advocates who have paid their contributions for the current year may vote and are eligible in accordance with subsection 2 of section 68.

1966-67, c. 77, s. 34; 1973, c. 44, s. 20; 1975, c. 81, s. 8; 1977, c. 66, s. 16.

33. (1)  The officers and councillors shall be elected for one year but shall be re-eligible. The by-laws of each section shall determine the conditions of eligibility.

(2)  Nevertheless a section may provide, by resolution passed at the annual general meeting or at a special meeting, that the officers and councillors, or some of them, shall be elected for two years.

(3)  The officers and councillors shall take office upon election and shall remain in office until their death, resignation or replacement, as the case may be.

(4)  The appointment of an officer or councillor to an office incompatible with the practice of the profession shall be equivalent to his resignation.

(5)  In the case of the death, resignation or inability to act of one of its members, the council shall elect a member of the section to replace him or order a poll.

1966-67, c. 77, s. 35.

34. (1)  A majority of the members of the council shall constitute a quorum thereof.

(2)  Decisions shall be taken by a majority of the members present or of those members who express their opinion on the decisions through a means of communication determined by by-law under paragraph c of subsection 1 of section 38 and subject to the conditions prescribed thereby.

(3)  The members must vote or express their opinion on a decision in accordance with the by-law passed under paragraph c of subsection 1 of section 38, unless prevented by the by-law or for reasons of recusation deemed sufficient by the chairman.

1966-67, c. 77, s. 36; 1990, c. 54, s. 17.

§ 3 . — Officers

35. (1)  The bâtonnier shall preside at all meetings of the section and of the council. In the case of a tie vote, the bâtonnier, the first councillor or the temporary chairman chosen in their absence, shall give a casting vote.

(2)  The bâtonnier shall be ex officio a member of all committees formed by the council.

1966-67, c. 77, s. 37.

36. The first councillor shall replace the bâtonnier when the latter is absent or unable to act.

1966-67, c. 77, s. 38; 1999, c. 40, s. 36.

37. (1)  The treasurer and the secretary shall perform the duties customarily incumbent on such officers and such special duties as are prescribed by this Act and the by-laws of the Bar or assigned to them by the council.

(2)  The council may order that the same person shall perform the duties of secretary and treasurer; in such case, the number of councillors to be elected shall be increased by one.

1966-67, c. 77, s. 39.

§ 4 . — Powers

38. (1)  The council of a section, by by-law, may:

(a)  (paragraph repealed);

(b)  establish, within the limits of the section, a benevolent fund or a general law library;

(c)  determine the means of communication through which the members of the council of a section who are not present or physically in attendance at the place where a meeting of the council is being held may express their opinion for the purpose of making a decision, prescribe conditions for the use of such means of communication and, for the purposes of subsection 3 of section 34, determine what constitutes an impediment.

(2)  The council of a section, by by-law or resolution, may:

(a)  provide for the administration of the organizations enumerated in paragraph b of subsection 1;

(b)  determine the duties of the employees of the section and provide for their remuneration;

(c)  superannuate the employees of the section and pay them a pension fixed by the council or establish a retirement plan for their benefit in accordance with the Supplemental Pension Plans Act (chapter R-15.1);

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

(3)  The council of a section, by by-law or resolution, may also regulate its internal management and the administration of its property and any matter of general interest.

1966-67, c. 77, s. 40; 1972, c. 14, s. 92; 1977, c. 66, s. 17; 1989, c. 38, s. 319; 1990, c. 54, s. 18; 2001, c. 64, s. 2.

39. Unless otherwise ordered, the by-laws of councils of sections shall come into force on the day of their adoption.

1966-67, c. 77, s. 41.

40. A by-law of the council of a section may be disallowed by the General Council, within six months after it is adopted, if it is incompatible with a by-law or a resolution of the General Council or with the general interest of the Bar.

1966-67, c. 77, s. 42; 1973, c. 44, s. 21.

41. (1)  Within ten days after a by-law of a section is adopted, the secretary of such section shall send a certified copy of it to the executive director.

(2)  The Executive Committee shall make its recommendation to the General Council; the executive director shall inform the section of it, with a notice that the recommendation shall be submitted to the General Council at its next meeting.

(3)  A decision of the General Council disallowing a by-law of a section must be made by at least two-thirds of the members present or of the members who express their opinion on the decision.

(4)  The disallowance shall be retroactive to the date when the by-law was adopted and shall nullify everything done thereunder, without prejudice to acquired rights.

1966-67, c. 77, s. 43; 1973, c. 44, s. 22; 1985, c. 30, s. 23; 1990, c. 54, s. 19.

42. The putting under trusteeship of a section shall entail the suspension of all its powers, which shall pass to the General Council.

1966-67, c. 77, s. 44.

DIVISION V ADMISSION TO THE BAR AND ENTRY ON THE ROLL

1990, c. 54, s. 20.

§ 1 . — Practising Advocates

43. (Repealed).

1966-67, c. 77, s. 45; 1973, c. 44, s. 23; 1990, c. 54, s. 21; 1994, c. 40, s. 238.

44. Subject to section 46, the General Council may, to apply the by-laws provided for in paragraph c of section 93 and paragraphs h and i of section 94 of the Professional Code (chapter C-26), delegate its powers to committees, whose composition and functions it shall determine by resolution.

1966-67, c. 77, s. 46; 1973, c. 44, s. 23; 1988, c. 29, s. 67; 1990, c. 54, s. 22; 1994, c. 40, s. 239.

45. (1)  The General Council shall establish an examining committee composed of ten members, one of whom it shall appoint chairman. The committee may sit in several divisions, each composed of not fewer than three members appointed by the chairman, who shall designate one of them as divisional chairman.

(2)  The committee shall examine the record of every candidate for professional training, evaluation and entry on the Roll; it shall inquire as to whether the candidate has the required moral character, conduct, skills, knowledge and qualifications to practise the profession, and shall decide on his admission.

(3)  The committee shall have, for its examination, all the powers of the Superior Court to compel, by summons signed by one of its members, the candidate, the witnesses for the candidate or any other person to appear, to answer under oath or to produce any document. The provisions of the Code of Civil Procedure (chapter C‐25) apply, with the necessary modifications, for the purposes of this subsection.

1966-67, c. 77, s. 47; 1973, c. 44, s. 23; 1986, c. 95, s. 28; 1990, c. 54, s. 23; 1999, c. 40, s. 36.

46. On the report of the examining committee that a candidate has complied with the provisions of this Act, the Professional Code (chapter C-26) and the by-laws of the Bar regarding admission, the Bar shall issue a permit to such candidate.

1966-67, c. 77, s. 48; 1973, c. 44, s. 23; 1990, c. 54, s. 24; 1994, c. 40, s. 240.

47. (Repealed).

1966-67, c. 77, s. 49; 1973, c. 44, s. 23; 1990, c. 54, s. 25; 1994, c. 40, s. 241.

48. A candidate believing himself wronged by the decision of a committee contemplated in section 44 or 45, except in connection with the result of the professional training, may within 15 days of the decision appeal from it to the Executive Committee, and may appeal from the Committee’s decision to the Tribunal in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C-26).

The decision of the Executive Committee shall be served on the candidate in accordance with the Code of Civil Procedure (chapter C-25).

1966-67, c. 77, s. 50; 1973, c. 44, s. 23; 1975, c. 81, s. 9; 1990, c. 54, s. 26; 1994, c. 40, s. 242.

49. When the Executive Committee is informed or has reason to believe that the holder of a permit or a specialist’s certificate has been guilty of fraud in obtaining the permit or certificate, it may order that a complaint be made with the committee on discipline.

1966-67, c. 77, s. 51; 1973, c. 44, s. 23; 1994, c. 40, s. 243.

50. (Repealed).

1966-67, c. 77, s. 52; 1973, c. 44, s. 23; 1977, c. 66, s. 18; 1990, c. 54, s. 27; 1994, c. 40, s. 244.

51. (Repealed).

1966-67, c. 77, s. 53; 1973, c. 44, s. 23; 1975, c. 81, s. 10; 1990, c. 54, s. 28; 1994, c. 40, s. 244.

52. (Repealed).

1966-67, c. 77, s. 54; 1973, c. 44, s. 23; 1990, c. 54, s. 29.

53. (Repealed).

1966-67, c. 77, s. 55; 1973, c. 44, s. 23; 1975, c. 81, s. 11; 1990, c. 54, s. 30; 1994, c. 40, s. 244.

54. (Repealed).

1966-67, c. 77, s. 56; 1973, c. 44, s. 23; 1990, c. 54, s. 30; 1994, c. 40, s. 244.

§ 1.1 . — Retired advocates

2007, c. 35, s. 3.

54.1. An advocate 55 years of age or over who does not practise may be entered on the Roll as a retired advocate, on an application to the executive director.

A retired advocate may use the prefix “Me” or “Mtre” before his name provided it is followed by the title “retired advocate”; he may not, however, assume the title of advocate or attorney, verbally or otherwise, or practise the profession of advocate, in particular perform the acts described in section 128, including pleading or acting before a tribunal referred to in subparagraphs 1 to 7 of paragraph a of subsection 2 of that section.

2007, c. 35, s. 3.

§ 2 . — Solicitors

55. (1)  A member of the bar of another province or a territory of Canada may also be admitted to the Bar as a solicitor, upon a petition to the Executive Committee accompanied by the following documents:

(a)  a certificate by the competent officer establishing that the petitioner has been a member in good standing of the bar of another province or a territory of Canada;

(b)  a declaration giving full particulars of the functions he performs or intends to perform in an organization that has its head office, an office or a subsidiary in the province of Québec;

(c)  a declaration by which the petitioner undertakes to act, within the limits of the functions authorized by section 128, for the exclusive account of his employer or its subsidiaries.

(2)  The Executive Committee shall have discretion to dispose of the petition.

1966-67, c. 77, s. 62; 1973, c. 44, s. 23; 1990, c. 54, s. 31; 1994, c. 40, s. 245.

56. (1)  A professor who has been teaching law full time for at least three years in a law faculty or a department of legal studies which grants a diploma recognized by the Government pursuant to section 184 of the Professional Code (chapter C-26) may be admitted to the bar as a solicitor by petition to the Executive Committee accompanied with the following documents:

(a)  a certificate from an authorized person attesting that the petitioner is a professor who has been teaching law full time for at least three years in a law faculty or department of legal studies which grants a diploma recognized pursuant to section 184 of the Professional Code;

(b)  a certificate from an authorized person attesting that the petitioner has a university degree in law;

(c)  a declaration by the petitioner that he undertakes to act only in the capacities authorized by subparagraph a of subsection 1 of section 128.

(2)  The Executive Committee may dispose of the petition as it sees fit.

(3)  The professor admitted as a solicitor pursuant to this section may use the prefix “Me” or “Mtre” before his name, but shall not, verbally or otherwise, assume the title of advocate or attorney.

1975, c. 81, s. 13; 1994, c. 40, s. 246; 2007, c. 35, s. 4.

57. If the petition is granted, the executive director shall issue a restrictive permit to the petitioner.

1966-67, c. 77, s. 63; 1973, c. 44, s. 23; 1990, c. 54, s. 32; 1994, c. 40, s. 247.

58. The restrictive permit shall be annual and must be renewed not later than 1 April each year upon a petition to the Executive Committee. It may be revoked by the Executive Committee if the solicitor does not comply with the conditions prescribed by this Act.

1966-67, c. 77, s. 64; 1973, c. 44, s. 23; 1975, c. 81, s. 14.

§ 3 . — Occasional practice

59. (Repealed).

1966-67, c. 77, s. 65; 1973, c. 44, s. 23; 1990, c. 54, s. 33; 1994, c. 40, s. 248.

DIVISION VI ROLL OF THE ORDER OF ADVOCATES

60. (1)  The Roll is the official list of the members in good standing of the Bar.

(2)  A person who fulfils the conditions of admission prescribed in Division V of this Act and in the Professional Code (chapter C-26) is a member in good standing of the Bar.

(3)  The Roll comprises three categories: practising advocates, retired advocates, and solicitors.

1966-67, c. 77, s. 76; 1973, c. 44, s. 24; 1975, c. 81, s. 15; 1994, c. 40, s. 249; 2007, c. 35, s. 5.

61. The executive director shall issue to each member in good standing of the Bar a certificate establishing that the member is entered on the Roll, and specifying the category he belongs to.

1966-67, c. 77, s. 77; 1973, c. 44, s. 25; 1990, c. 54, s. 34; 2007, c. 35, s. 6.

62. In the month of May of each year, the executive director shall have the Roll printed.

1966-67, c. 77, s. 78; 1973, c. 44, s. 78.

63. An advocate may have himself entered in more than one section by paying the annual contribution imposed on its members by each of the sections concerned.

1966-67, c. 77, s. 79.

64. (1)  The executive director shall forward without delay copies of the Roll, certified by him, to all secretaries of sections and to the director of judicial services of every court-house, who shall post them in a conspicuous place in their offices and in the offices of the courts.

(2)  He shall also forward a copy thereof to all the chief justices of the courts and to the secretaries of the boards and commissions sitting in Québec.

1966-67, c. 77, s. 80; 1973, c. 44, s. 78; 1990, c. 54, s. 35.

64.1. (1)  The executive director shall forward to all the members of the Bar and to all the persons listed in section 64 a notice of the disbarment or of the revocation of the permit of a member imposed by the Committee on Discipline and having become executory, indicating the nature of the offence that is the subject of the decision.

(2)  The director of judicial services of every court-house shall post the notice in a conspicuous place in his office and in the offices of the courts.

(3)  Subsections 1 and 2 also apply in the case of a disbarment imposed by the Bureau under section 55.1 of the Professional Code (chapter C-26).

1994, c. 40, s. 250.

65. (1)  A person whose name is not entered on the Roll for the reason that he failed to pay his contributions or the amount fixed for the purpose of the group plan or the professional liability insurance fund for the current fiscal year may apply for re-entry on the Roll on paying such contributions or amount in addition to the dues determined by resolution passed by the General Council.

(2)  On payment of the contributions or amount and the fees, the executive director shall issue the certificate contemplated in section 61, and it shall avail in lieu of entry on the Roll for the remainder of the current year.

(3)  A person whose name is not entered on the Roll for the reason that he owes contributions or an amount fixed for the purpose of the group plan or the professional liability insurance fund for more than one fiscal year, or a person who has assigned his property or who is under a receiving order by virtue of the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3) after ceasing to be entered on the Roll may apply for re-entry by complying with the requirements of section 70.

1966-67, c. 77, s. 82; 1973, c. 44, s. 27; 1990, c. 54, s. 36; 1994, c. 40, s. 251.

66. A person may, at the termination of any disbarment for 3 months or less, apply for the certificate referred to in section 61, on payment of the dues determined by resolution passed by the General Council and the contributions, if any, payable for the current year.

1966-67, c. 77, s. 83; 1973, c. 44, s. 28; 1990, c. 54, s. 37; 1994, c. 40, s. 252.

67. A person wishing to be entered on the Roll more than one year after the date on which he was issued a permit must apply therefor by complying with the requirements of section 70.

1966-67, c. 77, s. 84; 1973, c. 44, s. 29; 1990, c. 54, s. 37.

DIVISION VII CONTRIBUTIONS, WITHDRAWAL OF ENTRY AND RE-ENTRY ON THE ROLL

1990, c. 54, s. 38.

68. (1)  The General Council and the councils of sections shall fix, by resolution and according to their respective jurisdictions, the annual contributions payable by the members belonging to each category of members or to certain classes of members established according to the professional activities carried on, as determined in the resolution.

(2)  These contributions shall be paid at the head office of the Bar not later than the first juridical day of the month of April or on any later dates fixed by resolution of the General Council, failing which the member shall not be entered on the Roll. The General Council may, by by-law, determine the terms and conditions of payment of these contributions, as well as any related costs of administration.

(3)  The General Council may also, by resolution, impose a special contribution and fix the time for payment; failure to pay within such time shall entail the same penalties as a non-payment of annual contributions.

(4)  Upon expiry of the 15 days following the day when a contribution is payable, the executive director shall give the secretary of each section the list of the members entered on the Roll for that section who have paid such contributions.

(5)  He shall also send the portion accruing to each section to the treasurer of that section.

(6)  A member may be entered on the Roll for several sections by paying the contribution imposed by each of them.

(7)  The provisions of the Professional Code (chapter C‐26) concerning contributions apply with the necessary modifications to the contributions imposed under this section.

(8)  Every payment of contributions accompanied with the dues determined by resolution passed by the General Council is deemed to have been made on the scheduled date of payment if it is made within 15 days from that date.

1966-67, c. 77, s. 85; 1973, c. 44, s. 30; 1990, c. 54, s. 39; 1994, c. 40, s. 253; 1999, c. 40, s. 36; 2007, c. 35, s. 7.

69. An advocate wishing to cease to be a member in good standing of the Bar may be relieved of payment of his contributions by giving written notice to the executive director and the secretary of the section to which he belongs of his intention to be no longer entered on the Roll and of the effective date of withdrawal of his name.

1966-67, c. 77, s. 86; 1973, c. 44, s. 31, s. 78; 1990, c. 54, s. 40; 2007, c. 35, s. 8.

69.1. The institution by the court of tutorship or curatorship in respect of an advocate entails disbarment ipso facto.

The clerk shall inform the executive director of the judgment as soon as it becomes res judicata.

Upon termination of the protective supervision, the person may apply for re-entry on the Roll in accordance with section 70.

1994, c. 40, s. 254.

70. (1)  A person who ceases to be entered on the Roll may apply for re-entry by filling out the form furnished by the Bar and sending it to the executive director 45 days before the date on which he intends to again become a member in good standing of the Bar. He shall also deposit the amount of the contributions exigible for the current year, and the dues determined by resolution passed by the General Council, at the head office of the Bar.

(2)  The executive director shall immediately notify the syndic, the secretary of the Professional Inspection Committee, the secretary of the last section to which the applicant belonged and the secretary of the section for which he intends to be entered on the Roll.

(3)  The executive director shall refer to the Executive Committee any objection to such application filed in writing that he receives before the expiry of the 45 days.

(4)  The Executive Committee shall examine the record of the applicant; it shall inquire as to whether the applicant has the required moral character, conduct, skills, knowledge and qualifications to be a member in good standing of the Bar and it shall decide on his admission. It shall hear the applicant, the witnesses for the applicant or any other person.

The Executive Committee shall have, for its examination, all the powers of the Superior Court to compel, by summons signed by one of its members, the applicant, the witnesses for the applicant or any other person to appear, to answer under oath and to produce any document. The provisions of the Code of Civil Procedure (chapter C‐25) apply, adapted as required, for the purposes of this subsection.

The Executive Committee, in rendering its decision, may impose on the applicant any conditions relating to the practice of the profession which it considers reasonable for the protection of the public.

(5)  An appeal lies to the Professions Tribunal from the decision of the Executive Committee, in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C‐26). The decision of the Executive Committee shall be served on the applicant in accordance with the Code of Civil Procedure (chapter C‐25).

(6)  If no objection is made within the 45 days or if the objection is dismissed by a final decision, the executive director shall issue to the applicant the certificate referred to in section 61 and inform the secretary of the section to which the applicant wishes to belong. The executive director may also issue the certificate before the expiry of the 45 days if he receives a notice in writing from the persons notified under subsection 2 to the effect that no objection will be made.

(7)  This section applies, adapted as required, to retired advocates who apply for entry on the Roll in the category of practising advocates.

1966-67, c. 77, s. 87; 1973, c. 44, s. 32; 1975, c. 81, s. 16; 1984, c. 27, s. 48; 1986, c. 95, s. 29; 1990, c. 54, s. 40; 1994, c. 40, s. 255; 1999, c. 40, s. 36; 2007, c. 35, s. 9.

71. (1)  A person who did not give the notice prescribed by section 69 and is no longer entered on the Roll pursuant to section 65 may apply for re-entry by following the requirements of section 70 and paying his arrears of contribution.

(2)  However, upon a petition made under oath and for reasons deemed sufficient, the Executive Committee may relieve such person of payment of any arrears or any part thereof.

(3)  Such person remains liable for payment of the dues determined by resolution passed by the General Council.

1966-67, c. 77, s. 88; 1973, c. 44, s. 33; 1974, c. 65, s. 53; 1990, c. 54, s. 41; 1994, c. 40, s. 256; 2007, c. 35, s. 10.

72. A person may, at the end of any period of disbarment for more than 3 months, apply for re-entry by following the requirements of section 70. He may make an application under subsection 1 of that section to the executive director 45 days before the end of his period of disbarment.

Where the person has been disbarred by the Committee on Discipline or the Professions Tribunal, he shall furnish proof to the Executive Committee that he has made restitution for any damage he has caused as a result of the infraction for which he was disbarred, or has made every effort to do so. No appeal lies from the decision of the Executive Committee in this regard.

He must also have paid all the costs to which he has been condemned, the dues determined by resolution passed by the General Council and, if such is the case, the fine adjudged against him by the Committee on Discipline or the Professions Tribunal.

1966-67, c. 77, s. 89; 1990, c. 54, s. 42; 1994, c. 40, s. 257.

73. (Replaced).

1966-67, c. 77, s. 90; 1973, c. 44, s. 34; 1975, c. 81, s. 17; 1990, c. 54, s. 42.

74. A person who has ceased to hold the office of judge may apply for re-entry by following the requirements of section 70.

1973, c. 44, s. 35; 1990, c. 54, s. 43.

DIVISION VIII SYNDIC

75. (1)  (Subsection repealed).

(2)  The syndic shall make an inquiry respecting every person requesting admission or readmission to the Bar or entry, re-entry or a change of category on the Roll.

(3)  (Subsection repealed).

(4)  The syndic shall ensure the inspection of the trust accounts, books and registers prescribed by the by-laws.

1973, c. 44, s. 36; 1975, c. 81, s. 19; 1990, c. 54, s. 44; 1994, c. 40, s. 258; 2007, c. 35, s. 11.

76. (1)  The syndic shall in the performance of his duties have access to the records of the Bar and of the sections and to all documents filed in the offices of the courts or in those of public bodies or contained in any advocate’s records; he may obtain a copy of any document he considers necessary.

(2)  He shall also have the right to take possession and dispose of any record, document or property entrusted to an advocate who has become disqualified, incapable of practising or unable to act, or held by the legal representatives of a deceased advocate, notwithstanding any fees and disbursements owing to the advocate.

(3)  In the cases provided for in subsection 2, he shall draw up a minute, leave a copy of it with a reasonable person in charge of the premises and account to the advocate or his representatives.

1973, c. 44, s. 36; 1975, c. 81, s. 20.

77. The assistant syndics shall assist the syndic in the carrying out of his duties and each of them may exercise, under his direction, the powers described in sections 75 and 76.

1973, c. 44, s. 36; 1975, c. 81, s. 21.

78. (1)  The Executive Committee may, if it considers it expedient, appoint persons to assist the syndic in the performance of his duties.

(2)  Within the limits of their mandate, these persons shall have the same powers as the syndic.

1973, c. 44, s. 36; 1975, c. 81, s. 22.

79. (1)  The Executive Committee may also establish a special committee of inquiry in respect of the conduct of any member of the Bar.

(2)  Sections 135, 143, 144, 146 and 149 of the Professional Code (chapter C-26) apply to that committee.

(3)  The committee shall, on request, make a written report of its activities to the Executive Committee.

1973, c. 44, s. 36; 1975, c. 81, s. 23; 1994, c. 40, s. 259.

80. (Repealed).

1973, c. 44, s. 36; 1975, c. 81, s. 24; 1994, c. 40, s. 260.

DIVISION IX

Repealed, 1994, c. 40, s. 261.

1994, c. 40, s. 261.

81. (Repealed).

1973, c. 44, s. 36; 1990, c. 54, s. 45; 1994, c. 40, s. 261.

82. (Repealed).

1973, c. 44, s. 36; 1994, c. 40, s. 261.

83. (Repealed).

1973, c. 44, s. 36; 1988, c. 21, s. 66; 1994, c. 40, s. 261.

84. (Repealed).

1973, c. 44, s. 36; 1975, c. 81, s. 28; 1977, c. 66, s. 19; 1986, c. 95, s. 30; 1990, c. 54, s. 46; 1994, c. 40, s. 261.

85. (Repealed).

1973, c. 44, s. 36; 1975, c. 81, s. 30; 1977, c. 66, s. 20; 1990, c. 54, s. 47; 1994, c. 40, s. 261.

86. (Repealed).

1973, c. 44, s. 36; 1975, c. 81, s. 31; 1990, c. 54, s. 48.

87. (Repealed).

1973, c. 44, s. 36; 1989, c. 54, s. 157; 1994, c. 40, s. 261.

88. (Repealed).

1973, c. 44, s. 36; 1975, c. 81, s. 32; 1990, c. 54, s. 49; 1994, c. 40, s. 261.

89. (Repealed).

1975, c. 81, s. 33; 1990, c. 54, s. 49; 1994, c. 40, s. 261.

90. (Repealed).

1975, c. 81, s. 33; 1994, c. 40, s. 261.

DIVISION X

Repealed, 1994, c. 40, s. 261.

1994, c. 40, s. 261.

91. (Repealed).

1966-67, c. 77, s. 91; 1973, c. 44, s. 37; 1975, c. 81, s. 34; 1982, c. 32, s. 74; 1990, c. 54, s. 50; 1994, c. 40, s. 261.

92. (Repealed).

1966-67, c. 77, s. 92; 1973, c. 44, s. 38; 1975, c. 81, s. 35; 1990, c. 54, s. 51; 1994, c. 40, s. 261.

93. (Repealed).

1973, c. 44, s. 40; 1975, c. 81, s. 37; 1990, c. 54, s. 52; 1994, c. 40, s. 261.

94. (Repealed).

1966-67, c. 77, s. 94; 1973, c. 44, s. 41; 1975, c. 81, s. 38; 1994, c. 40, s. 261.

95. (Repealed).

1966-67, c. 77, s. 95; 1973, c. 44, s. 42; 1975, c. 81, s. 39; 1990, c. 54, s. 53; 1994, c. 40, s. 261.

96. (Repealed).

1966-67, c. 77, s. 96; 1973, c. 44, s. 43, s. 78; 1979, c. 37, s. 43; 1990, c. 54, s. 54; 1994, c. 40, s. 261.

97. (Repealed).

1966-67, c. 77, s. 97; 1973, c. 44, s. 44; 1990, c. 54, s. 55; 1994, c. 40, s. 261.

98. (Repealed).

1973, c. 44, s. 45, s. 78; 1975, c. 81, s. 40; 1990, c. 54, s. 56; 1994, c. 40, s. 261.

99. (Repealed).

1966-67, c. 77, s. 98; 1973, c. 44, s. 46; 1988, c. 21, s. 66; 1994, c. 40, s. 261.

100. (Repealed).

1966-67, c. 77, s. 99; 1973, c. 44, s. 47; 1975, c. 81, s. 41; 1994, c. 40, s. 261.

101. (Repealed).

1966-67, c. 77, s. 100; 1973, c. 44, s. 48; 1990, c. 54, s. 57; 1994, c. 40, s. 261.

102. (Repealed).

1966-67, c. 77, s. 101; 1973, c. 44, s. 49; 1994, c. 40, s. 261.

103. (Repealed).

1973, c. 44, s. 50; 1986, c. 95, s. 31; 1994, c. 40, s. 261.

104. (Repealed).

1966-67, c. 77, s. 102; 1973, c. 44, s. 51; 1986, c. 95, s. 32; 1994, c. 40, s. 261.

105. (Repealed).

1966-67, c. 77, s. 103; 1973, c. 44, s. 52; 1975, c. 77, s. 42; 1986, c. 95, s. 33; 1990, c. 54, s. 58; 1994, c. 40, s. 261.

106. (Repealed).

1966-67, c. 77, s. 104; 1973, c. 44, s. 53, s. 78; 1974, c. 65, s. 56; 1990, c. 54, s. 59; 1994, c. 40, s. 261.

107. (Repealed).

1966-67, c. 77, s. 105; 1973, c. 44, s. 54, s. 78; 1994, c. 40, s. 261.

108. (Repealed).

1966-67, c. 77, s. 106; 1973, c. 44, s. 55; 1975, c. 81, s. 43; 1990, c. 54, s. 60; 1994, c. 40, s. 261.

109. (Repealed).

1966-67, c. 77, s. 107; 1973, c. 44, s. 56; 1975, c. 83, s. 84; 1990, c. 54, s. 61; 1994, c. 40, s. 261.

110. (Repealed).

1966-67, c. 77, s. 108; 1973, c. 44, s. 57, s. 78; 1990, c. 54, s. 62; 1994, c. 40, s. 261.

111. (Repealed).

1966-67, c. 77, s. 109; 1973, c. 44, s. 78; 1990, c. 54, s. 63; 1994, c. 40, s. 261.

112. (Repealed).

1966-67, c. 77, s. 110; 1990, c. 54, s. 64; 1994, c. 40, s. 261.

113. (Repealed).

1966-67, c. 77, s. 111; 1973, c. 44, s. 58; 1977, c. 66, s. 21; 1988, c. 21, s. 66; 1990, c. 4, s. 93; 1990, c. 54, s. 65; 1994, c. 40, s. 261.

114. (Repealed).

1966-67, c. 77, s. 112; 1973, c. 44, s. 78; 1990, c. 4, s. 94; 1990, c. 54, s. 66; 1994, c. 40, s. 261.

115. (Repealed).

1966-67, c. 77, s. 113; 1973, c. 44, s. 59; 1975, c. 81, s. 44; 1990, c. 54, s. 67; 1994, c. 40, s. 261.

116. (Repealed).

1966-67, c. 77, s. 114; 1973, c. 44, s. 60, s. 78; 1990, c. 54, s. 68; 1994, c. 40, s. 261.

117. (Repealed).

1973, c. 44, s. 61; 1975, c. 81, s. 45; 1994, c. 40, s. 261.

118. (Repealed).

1973, c. 44, s. 61, s. 78; 1975, c. 81, s. 46; 1988, c. 21, s. 66; 1990, c. 54, s. 69; 1994, c. 40, s. 261.

119. (Repealed).

1973, c. 44, s. 61; 1990, c. 54, s. 70; 1994, c. 40, s. 261.

120. (Repealed).

1973, c. 44, s. 66; 1975, c. 81, s. 52; 1990, c. 54, s. 71; 1994, c. 40, s. 261.

121. (Repealed).

1966-67, c. 77, s. 121; 1973, c. 44, s. 67; 1975, c. 81, s. 53; 1986, c. 95, s. 34; 1990, c. 54, s. 72; 1994, c. 40, s. 261.

DIVISION XI DISQUALIFICATION FROM PRACTICE OF THE PROFESSION OF ADVOCATE

122. (1)  A person shall become disqualified from practising the profession of advocate and shall lose his status of member of the Bar when:

(a)  (paragraph repealed);

(b)  he holds a position or an office incompatible with the practice or dignity of the profession of advocate;

(c)  he is provided with a tutor, a curator or an adviser;

(d)  he assigns his property or an order of sequestration is made against it under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3).

(2)  In a case contemplated in paragraph d of subsection 1 and upon a petition addressed to the executive director, the Executive Committee may, after ascertaining that the protection of the public will not be jeopardized, declare the applicant qualified to practise and attach such conditions to his practice of the profession as it deems reasonable for such protection.

A person declared qualified to practise by the Executive Committee under the first paragraph resumes his full right to practise from his release under the Bankruptcy and Insolvency Act unless the Executive Committee has prescribed conditions under the said paragraph, in which case the person must comply with them.

A person who has become disqualified from practising under paragraph d of subsection 1 and to whom the first two paragraphs do not apply may, after obtaining a release under the Bankruptcy and Insolvency Act, apply for re-entry on the Roll by following the requirements of section 70.

Division VII of Chapter IV of the Professional Code (chapter C-26), except section 156, applies.

1966-67, c. 77, s. 122; 1973, c. 44, s. 69; 1975, c. 81, s. 54; 1989, c. 54, s. 158; 1990, c. 54, s. 73; 1994, c. 40, s. 262.

123. (1)  Every person who has become disqualified from practising the profession of advocate who, directly or indirectly, practises alone or with an advocate, or who advertises or represents himself as an advocate shall be liable to the penalties provided in section 132 in addition to those provided in section 156 of the Professional Code (chapter C-26).

(2)  A judicial proceeding taken by a person who has become disqualified from practising as an advocate shall be invalidated by the sole fact of such disqualification only if the client for whom it has been taken so requests or if it is established that he was aware of such disqualification.

1966-67, c. 77, s. 123; 1973, c. 44, s. 70; 1994, c. 40, s. 263.

123.1. Sections 122 and 123 apply, with the necessary modifications, to retired advocates.

2007, c. 35, s. 12.

124. An advocate who lends his name to a person who has become disqualified from practising the profession or to any other person not an advocate, or who permits such person to use his name to perform an act reserved to an advocate, or who employs or keeps in his employ a disbarred advocate not on the Roll or a notary who has been removed from office, or who tolerates, without valid reason, his presence in his office, shall be guilty of a derogatory act and liable to the penalties provided in section 156 of the Professional Code (chapter C-26).

1966-67, c. 77, s. 124; 1973, c. 44, s. 71; 1994, c. 40, s. 264.

DIVISION XII JUDICIAL AND EXTRAJUDICIAL COSTS

125. (1)  Only advocates are entitled to judicial and extrajudicial costs. However, if an advocate carries on his professional activities within a joint-stock company in accordance with the by-law adopted by the General Council under paragraph p of section 94 of the Professional Code (chapter C-26), the company is entitled to those costs, and, unless otherwise agreed, to distraction by operation of law in favour of the attorney in the case of condemnation to costs.

(2)  The General Council, by by-law, may establish, change and replace tariffs of judicial fees for advocates practising before the courts.

(3)  The cost, fixed by the tariff, of a lawyer’s letter or putting in default, whether suit is taken or not, shall be exigible from the debtor, whether in the case of a demand for payment in money or in that of a putting in default to perform or not to perform a service or act.

1966-67, c. 77, s. 125; 1994, c. 40, s. 265; 2001, c. 34, s. 17; 2006, c. 9, s. 1.

126. (1)  Services justifying extrajudicial fees shall include, among others, attendances, travelling, notices, written and oral consultations, the examination, preparation, drafting, dispatch or delivery of any document, proceeding or record, and generally all other services required of an advocate.

(2)  (Subsection repealed).

(3)  In the absence of an express agreement between the advocate and his client, an advocate shall be entitled to his extrajudicial costs on the basis of services rendered.

1966-67, c. 77, s. 126; 1994, c. 40, s. 266.

127. The oath of the advocate shall make proof as to his services having been required and as to the nature, duration and value thereof, but such oath may be contradicted in the same way as any other testimony.

1966-67, c. 77, s. 127.

127.1. An advocate may share his judicial and extra-judicial costs with a member of a bar established outside Québec.

1990, c. 54, s. 74.

DIVISION XIII PRACTICE OF THE PROFESSION OF ADVOCATE

128. (1)  The following acts, performed for others, shall be the exclusive prerogative of the practising advocate or solicitor:

(a)  to give legal advice and consultations on legal matters;

(b)  to prepare and draw up a notice, motion, proceeding or other similar document intended for use in a case before the courts;

(c)  to prepare and draw up an agreement, petition, by-law, resolution or other similar document relating to the constitution, organization, reorganization or winding-up of a legal person governed by federal or provincial laws respecting companies, or the amalgamation of several legal persons or the surrender of a charter.

(2)  The following acts, performed for others, shall be the exclusive prerogative of the practising advocate and not of the solicitor:

(a)  to plead or act before any tribunal, except before:

(1)  a conciliation officer or an arbitrator of disputes or grievances, within the meaning of the Labour Code (chapter C‐27);

(2)  the Commission des relations du travail established by the Labour Code;

(3)  the Commission de la santé et de la sécurité du travail established pursuant to the Act respecting occupational health and safety (chapter S‐2.1), a review board established under the said Act or the Workers’ Compensation Act (chapter A‐3), the social affairs division of the Administrative Tribunal of Québec, instituted under the Act respecting administrative justice (chapter J‐3), in the case of a proceeding pertaining to compensation for rescuers and victims of crime, a proceeding brought under section 65 of the Workers’ Compensation Act (chapter A‐3) or a proceeding brought under section 12 of the Act respecting indemnities for victims of asbestosis and silicosis in mines and quarries (chapter I‐7), the Commission d’appel en matière de lésions professionnelles established pursuant to the Act respecting industrial accidents and occupational diseases (chapter A‐3.001) or the Commission des lésions professionnelles established under the said Act;

(4)  the Régie du logement established under the Act respecting the Régie du logement (chapter R‐8.1);

(5)  the social affairs division of the Administrative Tribunal of Québec, to the extent that the Minister of Employment and Social Solidarity or a body which is his delegatee as regards the application of the Individual and Family Assistance Act (chapter A-13.1.1) is to be represented to plead or act in his or its name;

(6)  an arbitration officer, a conciliation officer, a council of arbitration, the construction industry commissioner, a construction industry deputy‐commissioner or an investigator within the meaning of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R‐20);

(7)  in matters of immigration, the social affairs division of the Administrative Tribunal of Québec, in the case and subject to the conditions set out in the third paragraph of section 102 of the Act respecting administrative justice;

(b)  to prepare and draw up a will or codicil or a discharge or any contract or document, except leases, affecting immovable property and requiring registration or cancellation of a registration in Québec;

(c)  to prepare, draw up and file the declaration of value of an estate, required by the taxation laws; this paragraph c shall not apply to legal persons authorized by law to act as liquidators of successions or as trustees;

(d)  to prepare and draw up a document or proceeding, for registration as prescribed by law, of a person or partnership carrying on a business or operating an industry;

(e)  to make collections or make any claim with costs or to imply that judicial proceedings will be taken.

1966-67, c. 77, s. 128; 1969, c. 48, s. 45; 1973, c. 44, s. 72; 1975, c. 81, s. 55; 1977, c. 41, s. 1; 1978, c. 57, s. 74, s. 92; 1979, c. 63, s. 274; 1979, c. 48, s. 127; 1983, c. 22, s. 100; 1984, c. 27, s. 49; 1985, c. 6, s. 490; 1986, c. 89, s. 50; 1988, c. 51, s. 107; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1994, c. 40, s. 267; 1997, c. 63, s. 128; 1997, c. 27, s. 32; 1997, c. 43, s. 86; 1998, c. 15, s. 15; 1998, c. 46, s. 1; 1998, c. 36, s. 175; 1999, c. 40, s. 36; 2001, c. 44, s. 30; 2001, c. 26, s. 72; 2005, c. 15, s. 151; 2007, c. 3, s. 72; 2007, c. 35, s. 13.

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.

130. In addition to the exemptions mentioned in the Code of Civil Procedure (chapter C-25), the records of an advocate, his account books, filing cabinets, law books and other documents of a professional nature shall not be liable to seizure.

1966-67, c. 77, s. 130; 1973, c. 44, s. 73; 1994, c. 40, s. 268.

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.

DIVISION XIV ILLEGAL PRACTICE OF THE PROFESSION OF ADVOCATE

132. Notwithstanding any law to the contrary and without limiting the scope of this Act, whoever practises the profession of advocate without being entered on the Roll is guilty of an offence and is liable to the penalties provided in section 188 of the Professional Code (chapter C‐26).

1966-67, c. 77, s. 132; 1973, c. 44, s. 74.

133. Any person other than a member of the Bar practises the profession of advocate illegally within the meaning of section 132 and in each of the following cases, who:

(a)  usurps the functions of an advocate;

(b)  acts or claims to act as such;

(c)  acts in such manner as to lead to the belief that he is authorized to fulfil the functions of or to act as an advocate.

1966-67, c. 77, s. 133.

134. Any advocate who has become disqualified, or any person other than a member of the Bar, shall be presumed to practise the profession of advocate illegally within the meaning of section 133, who:

(a)  associates himself for the practice of the profession with an advocate or shares with him in any way or by any means the benefit of professional fees or earnings, or

(b)  causes the fees or professional earnings of an advocate to be transferred, in whole or in part, to him or any other person, in consideration of the fact that such other person

(1)  gives or promises cases or business to such advocate, or

(2)  pays him or promises him a salary or any other remuneration.

The fact that a member of a bar established outside Québec associates himself for the practice of the profession with an advocate or shares with him in any way or by any means the benefit of professional fees or earnings does not constitute illegal practice of the profession of advocate within the meaning of section 133.

Nor does the fact that a person other than a member of the Bar associates himself with an advocate for the practice of the profession or shares with that advocate the benefit of professional fees or earnings to which the advocate or the company or partnership within which the advocate practises is entitled constitute illegal practice of the profession of advocate within the meaning of section 133, provided that the association or sharing is consistent with the conditions and restrictions according to which the advocate is authorized by by-law of the General Council to associate himself for the practice of the profession or share professional fees with such a person.

1966-67, c. 77, s. 134; 1990, c. 54, s. 75; 1999, c. 40, s. 36; 2006, c. 9, s. 2.

135. Any person other than a member of the Bar who acts as intermediary between a third person and an advocate shall be presumed to usurp the functions of an advocate within the meaning of section 133, who:

(a)  makes or promises or causes to be made or promised to a third person any reduction in the charges of such advocate, or

(b)  persuades an advocate to forego any part of his charges, or

(c)  procures, promises or agrees to procure for such third person professional services, without any liability on his part towards the advocate for his charges or,

(d)  agrees or undertakes to collect claims or debts, or to institute or cause to be instituted legal proceedings, at his own expense and risk. In such latter case the court, of its own motion, may dismiss the action.

1966-67, c. 77, s. 135; 1999, c. 40, s. 36.

136. Any person other than a member of the Bar shall be presumed to be acting in such a manner as to lead to the belief that he is authorized to fulfil the office of an advocate and to act as such, within the meaning of section 133, who:

(a)  assumes orally or otherwise the title of advocate, solicitor, legal adviser, member of the Bar, attorney or any similar title or in any manner or by any means styles himself as such; or

(b)  uses the prefix «Me» or «Mtre» before his name, unless he is a member of the Ordre des notaires du Québec; or

(c)  saving the case of a creditor addressing his debtor, writes or sends any card, letter or circular

(1)  imputing extra-contractual liability, or

(2)  requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, either with costs or implying that legal proceedings will be taken. This provision shall not apply to a notary, provided that the demand or notice of default proceeds from an authentic deed and is made or given without costs against the debtor; or

(d)  in his own name or that of an advocate, with or without the consent of the latter, causes to be written or sent by another person any card, letter or circular of the same kind and for the same purposes as those mentioned in paragraph c; or

(e)  publishes, advertises or proclaims, by means of pamphlets, booklets or circulars, or by the newspapers or other publications or by the oral statements of canvassers or by any other means,

(1)  that he undertakes to institute or cause to be instituted legal proceedings against debtors, or

(2)  that he obtains or causes to be obtained judgments against debtors, or

(3)  that he executes or causes to be executed judgments against debtors, or

(4)  that he transacts or causes to be transacted any other legal business; or

(f)  agrees with any other person to place his advocate at the disposal of such person, in consideration of a payment or periodic monetary subscription; or

(g)  solicits or obtains, directly or indirectly, from the victim of a fault or from his representatives, authorization to recover or settle on his or their account any claim resulting from such fault or, in fact, acts as intermediary for the negotiation, settlement or recovery of such claim, the whole subject to the provisions of the Act respecting the distribution of financial products and services (chapter D-9.2) applicable to insurance agents and brokers in damage insurance or insurance of persons or to claims adjusters; or

(h)  acting as an officer of the federal or provincial government or of a municipality or a school board, exercises the functions of an advocate before any court; or

(i)  offers, through advertisements, printed matter, circulars or any other means of publicity, to settle the financial difficulties of a debtor with his creditors, for or without remuneration, or intervenes as intermediary between a debtor and his creditors for such purpose; or

(j)  for any commission or remuneration, undertakes the collection of accounts or the recovery of claims and assumes total or partial responsibility for judicial costs; or

(k)  sells, distributes or uses or causes to be sold, distributed or used booklets of printed letters to be addressed by a creditor to his debtors, in the name and over the signature of a third person and containing a putting in default to pay or any other notification; or

(l)  sells, distributes or uses or causes to be sold, distributed or used, forms printed in advance for use by creditors and bearing the attestation of a commissioner for oaths or being of a nature to create in any other way the impression that they are judicial documents. The commissioner for oaths who allows his name, signature or official seal to be affixed to such document shall be liable to the penalties provided in section 132. The condemnation of a commissioner for oaths to any such penalty shall automatically entail the revocation of his commission.

1966-67, c. 77, s. 136; 1973, c. 45, s. 21; 1974, c. 70, s. 473; 1977, c. 5, s. 229; 1988, c. 84, s. 701; 1989, c. 48, s. 249; 1996, c. 2, s. 84; 1998, c. 37, s. 516; 1999, c. 40, s. 36; 2007, c. 35, s. 14.

137. Sections 134, 135 and 136 shall not be interpreted as limiting the scope of section 133.

1966-67, c. 77, s. 137.

138. Every person who claims to be the assignee of a debt and demands payment thereof in his name with intimation of legal proceedings shall be presumed to be claiming for another within the meaning of section 136, if his claim is not accompanied or preceded by the observance of the formalities prescribed in articles 1641 and 1642 of the Civil Code.

1966-67, c. 77, s. 138; 1999, c. 40, s. 36.

138.1. A person who assumes the title of retired advocate or any similar title, verbally or otherwise, or in any manner or by any means styles himself as such without being entered on the Roll practises the profession of advocate illegally.

2007, c. 35, s. 15.

139. A solicitor who exceeds the restrictions of his permit, or a retired advocate who practises the profession of advocate, in particular who does anything described in sections 133 to 136, practises the profession of advocate illegally.

1966-67, c. 77, s. 139; 1990, c. 54, s. 76; 2007, c. 35, s. 16.

139.1. Nothing in this Act shall prevent a person from performing acts reserved for members of the Order, provided he performs them in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26).

1994, c. 40, s. 269.

140. Penal proceedings for an offence under a provision of this Act may be instituted, in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), by the Bar, upon a resolution of the Executive Committee, or by the section in whose territory the offence has been committed, upon a resolution of the council of that section.

1966-67, c. 77, s. 143; 1973, c. 44, s. 76; 1977, c. 66, s. 22; 1992, c. 61, s. 77.

DIVISION XIV.1 STENOGRAPHER TRAINING AND ACCREDITATION AND DISCIPLINARY MATTERS

2001, c. 64, s. 3.

140.1. A stenography committee, called the Comité sur la sténographie, is hereby established at the Barreau du Québec, whose mission is to provide the training of the stenographers working in the administration of justice, evaluate their skills and knowledge and grant accreditation to them. The mission of the stenography committee shall include overseeing disciplinary matters.

2001, c. 64, s. 3.

140.2. The committee is composed of the seven following members:

(1)  three advocates designated by the Executive Committee;

(2)  three stenographers designated by the association which is considered by the Minister of Justice to be the most representative of the stenographers working in the administration of justice or, failing such an association, designated by the Minister of Justice;

(3)  one person designated by the Minister of Justice.

The chair of the committee is designated by the committee from among its members. The chair remains in office until the chair’s term as a member of the committee expires.

The members are designated for a term of office of not more than three years. On the expiry of their terms, the members remain in office until they are replaced or reappointed.

2001, c. 64, s. 3.

140.3. The members of the committee are not remunerated, except in such cases, on such conditions and to such extent as may be determined by a resolution of the General Council. However, they are entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by a resolution of the General Council.

2001, c. 64, s. 3.

140.4. The committee shall, by regulation,

(1)  establish the rules and the terms and conditions related to the training, skill and knowledge evaluation, accreditation and discipline of stenographers;

(2)  fix the amount of the fee payable by candidates for the examinations they must take and the amount of the annual assessment that practising stenographers must pay to the Barreau du Québec, determine the portion of the assessment that is to be allocated to training, establish the terms and conditions of payment of the fee and assessment, fix the time within which the fee and assessment must be paid and the consequences of non-payment;

(3)  determine the committee’s rules of operation.

The adoption of a regulation by the committee requires a quorum of at least three members. Each regulation requires a majority vote of the members present. However, that majority must include the vote of at least one of the advocates designated pursuant to subparagraph 1 of the first paragraph of section 140.2 and the vote of at least one of the stenographers designated pursuant to subparagraph 2 of the same paragraph.

The regulations shall be transmitted by the committee to the Office des professions, which shall submit its opinion to the Minister of Justice; the regulations shall be submitted to the Government, which, on the recommendation of the Minister, may approve them with or without amendments.

If the committee fails to make the regulations referred to in the first paragraph within the time fixed by the Minister of Justice, the Government shall make the regulations in the committee’s place and stead.

2001, c. 64, s. 3.

DIVISION XV FINAL PROVISIONS

141. Nothing in this Act shall forbid accountants recognized by the Chartered Accountants Act (chapter C‐48) or by the Professional Code (chapter C‐26), within the limits of the said Acts and amendments, to give advice and consultations on all questions of a financial, administrative or fiscal nature, to prepare and submit to whom it may concern plans of financial or fiscal administration, organization and reorganization, to prepare and submit surveys, statements and declarations of the same nature, including tax statements of all kinds, to discuss with all persons having authority in the matter all and every kind of tax assessments, and also to prepare and give notices of appeal to the Minister of Revenue of Québec and the Minister of National Revenue of Canada and to discuss with them and their representatives the merits of the assessments imposed upon their clients with respect to taxation.

1966-67, c. 77, s. 145; 1973, c. 64, s. 53; 1999, c. 40, s. 36.

142. Chapter VIII of the Professional Code (chapter C-26) applies to the examining committee contemplated in section 45 and to its members.

1973, c. 44, s. 77; 1975, c. 81, s. 56; 1990, c. 54, s. 77.

143. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE I

(Section 5)

TERRITORIAL LIMITS OF THE SECTIONS

Sections                               Judicial districts

Abitibi-Témiscamingue                  Abitibi
                                       Rouyn-Noranda
                                       Témiscamingue

Arthabaska                             Arthabaska
                                       Drummond
                                       Frontenac

Bas-Saint-Laurent — Gaspésie           Bonaventure
— Îles-de-la-Madeleine                 Gaspé
                                       Kamouraska
                                       Rimouski

Bedford                                Bedford

Côte-Nord                              Baie-Comeau
                                       Mingan

Hull                                   Hull
                                       Pontiac

Laurentides — Lanaudière               Joliette
                                       Labelle
                                       Terrebonne

Laval                                  Laval

Longueuil                              Longueuil

Mauricie                               Saint-Maurice
                                       Trois-Rivières

Montréal                               Montréal

Québec                                 Beauce
                                       Montmagny
                                       Québec    

Richelieu                              Beauharnois
                                       Iberville
                                       Richelieu
                                       Saint-Hyacinthe

Saguenay — Lac-St-Jean                 Alma
                                       Charlevoix
                                       Chicoutimi
                                       Roberval

Saint-François                         Mégantic
                                       Saint-François        

1975, c. 81, s. 57; 1975, c. 80, s. 40; 1985, c. 29, s. 3; 1987, c. 79, s. 2; 1990, c. 54, s. 78; 2001, c. 64, s. 4.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 77 of the statutes of 1966/1967, in force on 31 December 1977, is repealed, except sections 144 and 147, effective from the coming into force of chapter B-1 of the Revised Statutes.