A-14, r. 4 - Regulation respecting the application of the Act respecting legal aid and the provision of certain other legal services

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter A-14, r. 4

Regulation respecting the application of the Act respecting legal aid and the provision of certain other legal services

Act respecting legal aid and the provision of certain other legal services

(chapter A-14, s. 80).

R.R.Q., 1981, c. A-14, r. 1; O.C. 702-2010, s. 1.

DIVISION I PRELIMINARY

R.R.Q., 1981, c. A-14, r. 1. Div. I; O.C. 1453-97, s. 1.

1. In this Regulation, unless the context indicates otherwise,

(a)  “service” means a legal aid service referred to in Division III or, as the case may be, a service referred to in Division IV;

(b)  “centre” or “legal aid centre” means a regional legal aid centre or a local centre referred to in paragraph c of section 32 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14).

R.R.Q., 1981, c. A-14, r. 1, s. 1; O.C. 1211-96, s. 1; O.C. 1453-97, s. 31; O.C. 702-2010, s. 2.

1.1. (Revoked).

O.C. 1453-97, s. 2; O.C. 702-2010, s. 3.

DIVISION II ORGANIZATION AND MANAGEMENT

§ 1 . — Commission

2. Head office: The head office of the Commission des services juridiques is situated within the limits of the territory of Ville de Montréal.

R.R.Q., 1981, c. A-14, r. 1, s. 2; O.C. 1211-96, s. 2.

3. Meetings of members: The members of the Commission shall hold at least 6 general meetings per year.

R.R.Q., 1981, c. A-14, r. 1, s. 3.

4. Annual general meeting: At the annual general meeting which the Commission must hold during the month of June of each year, the Commission shall:

(a)  receive from the administrative committee the annual report on the activities of the Commission and the centres;

(b)  receive from each centre the annual financial report prescribed in section 86 of the Act;

(c)  set up an administrative committee in accordance with paragraph n of section 22 of the Act;

(d)  appoint an auditor for the current fiscal year who is a member of the Ordre des comptables professionnels agréés du Québec but not a member or employee of the Commission or of a centre; and

(e)  fix the objectives of the Commission for the next 12 months.

R.R.Q., 1981, c. A-14, r. 1, s. 4.

5. Summons: A summons to a general meeting shall be sent to each member by the secretary of the Commission at least 5 days before the date fixed for the meeting.

R.R.Q., 1981, c. A-14, r. 1, s. 5; O.C. 1453-97, s. 3.

6. Special meetings: A special meeting may be convened upon the request of the chairman or 3 members of the Commission. In such case, a summons shall be sent to each member by the secretary of the Commission at least 24 hours before the date fixed for the meeting.

R.R.Q., 1981, c. A-14, r. 1, s. 6; O.C. 1453-97, s. 4.

6.1. Summons: A summons to a meeting of the members may be sent by regular mail, by fax, by electronic mail or by any other communications medium, to the last known address of the member or, if the member so chooses, to his place of work.

O.C. 1453-97, s. 5.

7. Contents of notice: The notice of convocation shall indicate the place, time and date of the meeting. In the case of a special meeting, the notice shall also state the purpose of the meeting.

R.R.Q., 1981, c. A-14, r. 1, s. 7.

8. Absence of a member: A member who does not attend a meeting shall be in default if he does not give the reasons for his absence to the chairman.

R.R.Q., 1981, c. A-14, r. 1, s. 8; O.C. 1211-96, s. 3.

9. The Commission may convene the directors general, directors, advocates and notaries employed by any legal aid centre for the purpose of discussing problems that are common to all regions and to ensure uniform practices therein.

R.R.Q., 1981, c. A-14, r. 1, s. 9; O.C. 1453-97, ss. 6 and 31.

10. Administrative committee:

(1)  Number of members: The administrative committee shall comprise 5 members, including the chairman and the vice-chairman.

(2)  Quorum: Three members shall constitute a quorum of the administrative committee, including the chairman or vice-chairman.

(3)  Sections 5 to 7 apply, with the necessary modifications, to the meetings of the administrative committee.

R.R.Q., 1981, c. A-14, r. 1, s. 10; O.C. 1453-97, s. 7.

11. Functions of administrative committee: The administrative committee, in addition to the functions assigned to it by the Act:

(a)  shall carry out the decisions of the Commission;

(b)  shall exercise the functions, powers and duties delegated to them by the Commission;

(c)  shall prepare its budgetary estimates and annual financial report and transmit them to the Commission;

(d)  shall administer the moneys or securities received by the Commission;

(e)  may recommend to the Commission that an investigation be made under section 28 of the Act, and recommend the appointment of an administrator, if necessary, in accordance with section 27 of the Act; and

(f)  report its activities to the Commission during the course of meetings.

R.R.Q., 1981, c. A-14, r. 1, s. 11; O.C. 1211-96, s. 4.

12. Appointment: The Commission shall appoint a secretary and a treasurer upon the recommendation of the administrative committee.

R.R.Q., 1981, c. A-14, r. 1, s. 12.

13. Duties of the secretary: The secretary shall:

(a)  act as secretary at meetings of the Commission and the administrative committee;

(b)  draw up the minutes and keep the records of the Commission; and

(c)  perform every duty and carry out all work entrusted to him by the Commission, the administrative committee or the chairman.

R.R.Q., 1981, c. A-14, r. 1, s. 13.

14. Duties of the treasurer: The treasurer shall:

(a)  upon request, report to the Commission, the administrative committee and the chairman on the management of all the accounting and financial activities of the Commission and the centres;

(b)  keep all the books, documents and records particular to his office;

(c)  deposit all the moneys and other securities of the Commission in a financial institution selected by the administrative committee;

(d)  prepare the documents required for payment by the Commission;

(e)  report to the administrative committee any irregularity or error in the financial affairs of the centres and add his recommendations thereto;

(f)  submit a report to the Commission of the accounting activities for the last fiscal year;

(g)  submit his books and documents to the auditor appointed by the Commission; and

(h)  perform any duty and carry out any work entrusted to him by the Commission, the administrative committee or the chairman.

R.R.Q., 1981, c. A-14, r. 1, s. 14.

15. Bank accounts and keeping of securities: Bank accounts may be opened in the name of the Commission in any bank, credit union or trust company constituted in Canada or elsewhere, and all cheques, bills of exchange, promissory notes and acts constituting hypothecs must be made, drawn up, signed, accepted, endorsed or executed by the persons who may be appointed by resolution of the administrative committee.

R.R.Q., 1981, c. A-14, r. 1, s. 15; O.C. 1211-96, s. 5.

16. Negotiable bills and signature of cheques: All cheques, drafts, promissory notes and other negotiable bills shall be signed, drawn, accepted or endorsed by the person(s) appointed from time to time by resolution of the administrative committee.

R.R.Q., 1981, c. A-14, r. 1, s. 16.

17. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 17; O.C. 1211-96, s. 6.

§ 2 . — Regional centre

18. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 18; O.C. 1211-96, s. 7; O.C. 1453-97, s. 8.

19. In order to empower the regional centre to carry out its activities, the board of directors must fulfill the obligations prescribed in sections 20 to 30.

R.R.Q., 1981, c. A-14, r. 1, s. 19.

20. Board of directors: The board of directors shall hold at least 3 general meetings per year.

R.R.Q., 1981, c. A-14, r. 1, s. 20; O.C. 1211-96, s. 8.

21. Termination of mandate: The member of a regional centre who fails to be present at 3 consecutive meetings of the board of directors and who does not give to the chairman of the centre valid reasons for his absence, shall cease to be a member.

R.R.Q., 1981, c. A-14, r. 1, s. 21.

22. Annual general meeting: The board of directors shall hold an annual meeting not later than 15 May each year, during which it shall:

(a)  receive the annual reports of the financial activities and activities relating to the services rendered by the centre as well as the auditor’s report;

(b)  appoint an auditor for the current fiscal year who is a member of the Ordre des comptables professionnels agréés du Québec and who is not a member or employee of the Commission or of a centre;

(c)  elect the chairman and vice-chairman;

(d)  appoint the members who, in addition to the chairman and the director general, shall be on the administrative committee, pursuant to section 40 of the Act;

(e)  fix its objectives for the next 12 months.

R.R.Q., 1981, c. A-14, r. 1, s. 22; O.C. 1211-96, s. 9; O.C. 1453-97, s. 31; O.C. 702-2010, s. 4.

23. Meetings shall be held upon notice of convocation determined by the board of directors.

R.R.Q., 1981, c. A-14, r. 1, s. 23.

24. Special meetings: Special meetings shall only be convened upon the request of the chairman or of at least 3 members of the board upon notice determined by the board of directors.

R.R.Q., 1981, c. A-14, r. 1, s. 24.

25. Quorum: The quorum of a meeting shall be 5 members including the chairman or vice-chairman.

R.R.Q., 1981, c. A-14, r. 1, s. 25.

26. Quorum of administrative committee: The quorum of a meeting of the administrative committee shall be formed by the chairman or the vice-chairman and 2 members of the board other than the director general.

The general manager shall not be entitled to vote.

R.R.Q., 1981, c. A-14, r. 1, s. 26; O.C. 1453-97, s. 31.

26.1. Applicable provisions: Sections 5 to 7 apply, with the necessary modifications, to the meetings of the board of directors and of the administrative committee of the regional centre.

O.C. 1453-97, s. 9.

27. Absence or incapacity to act of the chairman: The vice-chairman shall replace the chairman when the latter is absent or unable to act.

R.R.Q., 1981, c. A-14, r. 1, s. 27; O.C. 1211-96, s. 10.

28. Where the chairman of a centtr is notified or becomes aware that a member is unable, or no longer wishes, to be part of the board of directors he must advise the Commission thereof in writing without delay.

R.R.Q., 1981, c. A-14, r. 1, s. 28.

29. The members of the board of directors, with the exception of the director general, shall not be remunerated employers of the Commission or of a centre.

R.R.Q., 1981, c. A-14, r. 1, s. 29; O.C. 1453-97, s. 31.

30. The members of the board shall not intervene in the carrying out of the professional mandate of the advocate or notary who provides services under the Act.

R.R.Q., 1981, c. A-14, r. 1, s. 30; O.C. 702-2010, s. 5.

31. Secretary of the regional centre: The secretary shall:

(a)  keep the records of the regional centre; and

(b)  perform every duty and carry out all work entrusted to him by the board of directors or the director general.

R.R.Q., 1981, c. A-14, r. 1, s. 31; O.C. 1453-97, s. 31.

32. Management of a legal aid bureau: The regional centre may, upon the recommandation of the director general, entrust the management of such bureau to an advocate.

R.R.Q., 1981, c. A-14, r. 1, s. 32; O.C. 1211-96, s. 11; O.C. 1453-97, ss. 10 and 31.

33. Budgetary estimates: Every year, within 15 days of a request by the Commission to that effect, the regional centre shall submit its budgetary estimates for the next fiscal year to the Commission.

R.R.Q., 1981, c. A-14, r. 1, s. 33; O.C. 1453-97, s. 11.

34. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 34; O.C. 41-94, s. 1.

35. Annual report: The regional centre shall, before 15 May each year, transmit to the Commission an annual financial report duly audited to 31 March, as well as a report of its activities relating to services rendered during the last fiscal year.

R.R.Q., 1981, c. A-14, r. 1, s. 35; O.C. 1211-96, s. 12; O.C. 702-2010, s. 6.

36. Verification: In order to fulfill the functions prescribed in section 33 of the Act, the regional centre may examine the books and other financial documents of a local centre.

R.R.Q., 1981, c. A-14, r. 1, s. 36.

37. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 37; O.C. 1453-97, s. 12.

38. Borrowing power: A regional centre shall not have any borrowing power.

R.R.Q., 1981, c. A-14, r. 1, s. 38.

§ 3 . — Local centre

39. Details of the application: An application for the certification of a local centre shall be submitted to the regional centre. It must be signed by the applicants and shall include the following information:

(a)  the objectives of such local centre;

(b)  the address of the centre’s seat;

(c)  a copy of its charter and existing by-laws;

(d)  the name, address and occupation of the persons applying for certification of the centre;

(e)  a list of the persons or bodies supporting the application; and

(f)  where applicable, a detailed balance sheet and a statement of its revenues and expenditures for the preceding fiscal year.

R.R.Q., 1981, c. A-14, r. 1, s. 39; O.C. 1211-96, s. 13.

40. Conditions of certification: In order to be certified, the centre must:

(a)  be established under Part III of the Companies Act (chapter C-38);

(b)  adopt a by-law providing for the holding of at least 6 general meetings per year of which one is to be held every 3 months;

(c)  establish a board of directors including, in an advisory capacity only, the advocate who is the director of the centre and establish a quorum of 50% plus one of the members of the board of directors; and

(d)  establish an administrative committee composed of at least the chairman, the advocate who is the director and another member of the board of directors.

R.R.Q., 1981, c. A-14, r. 1, s. 40; O.C. 1211-96, s. 14.

41. Application for certification: Every application for certification received by the regional centtr shall be transmitted to the Commission. The regional centre shall add its recommendations thereto.

R.R.Q., 1981, c. A-14, r. 1, s. 41.

42. Certificate of certification: The certificate of certification shall determine the field of activity of the local centre on whose behalf certification is granted.

R.R.Q., 1981, c. A-14, r. 1, s. 42.

43. Refusal: Any refusal of certification must give reasons.

R.R.Q., 1981, c. A-14, r. 1, s. 43.

44. Modification: The centre shall transmit for approval to the regional centre and to the Commission copies of any modification to its charter and to its by-laws made after its certification.

R.R.Q., 1981, c. A-14, r. 1, s. 44.

45. Cooperation: The centre shall cooperate in the integrating of its activities into all the legal services offered in the region by the regional centre.

R.R.Q., 1981, c. A-14, r. 1, s. 45.

46. Members of the board shall not intervene in the carrying out of the professional mandate of the advocate or notary assigned to a legal aid proceeding.

R.R.Q., 1981, c. A-14, r. 1, s. 46; O.C. 1453-97, s. 31.

47. The member of a regional centre shall not sit on the board of directors of a local centre or vice-versa.

R.R.Q., 1981, c. A-14, r. 1, s. 47.

47.1. Applicable provisions: Sections 5 to 7 apply, with the necessary modifications, to the meetings of the board of directors and of the administrative committee of the local regional centre.

O.C. 1453-97, s. 13.

48. Budgetary estimates: Every year, within 10 days of a request by the regional centre to that effect, the local centre shall submit its budgetary estimates for the next fiscal year to the regional centre.

R.R.Q., 1981, c. A-14, r. 1, s. 48; O.C. 1453-97, s. 14.

49. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 49; O.C. 41-94, s. 1.

50. Annual report: The local centre shall, before 30 April, submit to the regional centre an annual financial report duly audited to 31 March, as well as a report of its legal aid activities during the last fiscal year.

R.R.Q., 1981, c. A-14, r. 1, s. 50; O.C. 1211-96, s. 15; O.C. 1453-97, s. 31.

§ 4 . — Miscellaneous

51. Statistics: The centres shall compile statistics and transmit them to the Commission in order to inform the latter of past or current services and to enable the Commission to plan the service offer.

Such statistics must be transmitted on the forms in Schedules B, C and D.

R.R.Q., 1981, c. A-14, r. 1, s. 51; O.C. 702-2010, s. 7.

51.1. Every legal aid centre shall, where so requested by the chairman of the Commission, send to the Commission any information or document pertaining to the administration of the Act and required by the chairman.

O.C. 1211-96, s. 16.

51.2. The documents necessary for performing the functions and duties of the Commission and legal aid centres, including the books, registers, reports, financial reports, budget estimates, accounts and statistics which, under the Act and this Regulation, must be transmitted to the Commission by regional centres or to regional centres by local centres, may be drafted in electronic form. They must then be transmitted in that form.

O.C. 702-2010, s. 8.

52. Inspection: In order to enjoy the right to carry on its activities, a centre must permit the examination at any time of its books and other financial documents by the Commission.

R.R.Q., 1981, c. A-14, r. 1, s. 52.

53. Accounts: Every legal aid centre and office shall maintain, through its director general or the person to whom the powers of the director general have been delegated in accordance with the second paragraph of section 50 of the Act, as the case may be, a trust account for all the sums of money received from a recipient for a third party or from a third party for a recipient. Administration and remittal of those sums shall be subject to the provisions of the Règlement sur la comptabilité et les normes d’exercice professionnel des avocats (chapter B-1, r. 5) or the Regulation respecting trust accounting by notaries (chapter N-3, r. 5).

Every centre shall also maintain, through the director general, an account at a financial institution into which it shall deposit the contributions received from recipients eligible for contributory legal aid, excluding the administrative expenses referred to in section 26 of the Regulation respecting legal aid (chapter A-14, r. 2). The sums deposited into that account may be withdrawn only progressively as legal services are dispensed to the recipient.

R.R.Q., 1981, c. A-14, r. 1, s. 53; O.C. 1211-96, s. 17; O.C. 1453-97, s. 15.

54. Investigation: Where the Commission approves an investigation pursuant to section 28 of the Act, it shall appoint an investigator who has been subject to the laws governing professional orders for not less than the 5 preceding years. Where the investigation bears on the professional work of a director general or a person to whom the powers of the general manager have been delegated in accordance with the second paragraph of section 50 of the Act, the investigator must be an advocate.

R.R.Q., 1981, c. A-14, r. 1, s. 54; O.C. 1211-96, s. 18; O.C. 1453-97, s. 31.

55. Decision: Upon study of the investigator’s report, the Commission shall make known its decision to the chairman and to the secretary of the centre.

R.R.Q., 1981, c. A-14, r. 1, s. 55.

56. Fiscal year: The fiscal year of the Commission and the centres shall end on 31 March of each year.

R.R.Q., 1981, c. A-14, r. 1, s. 56.

DIVISION III LEGAL AID SERVICES

§ 0.1 . — Exercise of free choice

O.C. 1453-97, s. 16.

56.1. Free choice: The rules of eligibility for legal aid and for the issue of certificates of eligibility for such aid provided for in the Act and the regulations thereunder shall be applied without distinction to every applicant, regardless of whether he chooses and advocate or notary in private practice or an advocate or notary employed by a legal aid centre.

O.C. 1453-97, s. 16.

§ 1 . — Drawing up the list of available advocates and notaries

57. List of available advocates and notaries: The director general shall establish and maintain an up-to-date list of advocates and notaries maintaining their practices in the region who have given their written consent to grant their professional services to legal aid recipients.

R.R.Q., 1981, c. A-14, r. 1, s. 57; O.C. 1453-97, s. 31.

58. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 58; O.C. 1453-97, s. 17.

59. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 59; O.C. 1453-97, s. 17.

60. Limit of his engagement: When he agrees to provide his services to legal aid recipients, an advocate or notary may indicate limitations to the type of services he is ready to provide.

R.R.Q., 1981, c. A-14, r. 1, s. 60; O.C. 1453-97, s. 18.

61. Withdrawal: An advocate or a notary may at all times write to the director general requesting him to withdraw his name from the list mentioned in section 57. The general manager must agree to such request.

R.R.Q., 1981, c. A-14, r. 1, s. 61; O.C. 1453-97, ss. 19 and 31.

62. An advocate or notary whose name was not entered or was withdrawn from the list provided for in section 57 may request that his name be entered or re-entered thereon. The director general must agree to such request. All verbal applications must be confirmed in writing.

R.R.Q., 1981, c. A-14, r. 1, s. 62; O.C. 1453-97, ss. 20 and 31.

63. Register of applications: The director general shall keep a register indicating, in particular, the name of the persons who apply for legal aid, the date on which the application is received and the nature of the application and the disposition of the application.

R.R.Q., 1981, c. A-14, r. 1, s. 63; O.C. 1453-97, s. 21; O.C. 702-2010, s. 9.

64. Register of mandates: The director general shall keep a register indicating, in particular, the nature of the mandates delegated to advocates and notaries not employed by a legal aid centre, the date on which the mandate was delegated, the disposition of the mandate and the date on which the mandate was terminated.

R.R.Q., 1981, c. A-14, r. 1, s. 64; O.C. 1453-97, s. 21.

65. Request for report: The director general may request and obtain reports from advocates and notaries not employed by a centre on files delegated to them.

R.R.Q., 1981, c. A-14, r. 1, s. 65; O.C. 1453-97, s. 22.

§ 2 . — Applications for legal aid

66. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 66; O.C. 941-83, s. 11.

67. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 67; O.C. 941-83, s. 11.

68. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 68; O.C. 941-83, s. 11.

69. Other place of application: An application for legal aid may be made to any legal aid centre or bureau and the applicant must then justify his reason for not applying to the local centre or bureau nearest his place of residence. The certificate shall then be given by the local bureau or centre to which application was made, or by another local bureau or centre, if the director general decides that it would be in the applicant’s best interest so to do.

R.R.Q., 1981, c. A-14, r. 1, s. 69; O.C. 1453-97, s. 31.

69.1. Applications concerning youth: In the judicial districts of Montréal and Québec, the legal aid centres in question must, in the matters lying within the jurisdiction of the Court of Québec, Youth Division, be able to analyze applications for legal aid pertaining thereto and make rulings in such matters on the eligibility of applicants at the actual premises where that Division sits, during the office hours of the office of the Court in the district of Montréal and from 9:00 a.m. to 3:00 p.m. in the district of Québec, unless the applicant elects to make his application either at the local centre or at the legal aid bureau nearest his place of residence, or at any other centre or bureau in accordance with section 69.

In the other judicial districts, the legal aid centres that provide legal aid eligibility services on 1 April 1997, in the matters lying within the jurisdiction of the Court of Québec, Youth Division, at the actual premises where that Division sits, shall maintain those services.

O.C. 1453-97, s. 23.

70. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 70; O.C. 2873-82, s. 1; O.C. 941-83, s. 11; O.C. 1211-96, s. 19.

71. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 71; O.C. 941-83, s. 11.

72. Certificate of eligibility: The director general shall sign the certificate of eligibility for legal aid and shall issue it in duplicate. It shall contain the following information:

(a)  the name of the centre or office issuing it;

(b)  the recipient’s name and address;

(b.1)  an indication that the recipient is eligible for free legal aid or for contributory legal aid and, in the latter case, an indication of the maximum contribution payable, less the administrative costs paid by the recipient in accordance with the Regulation respecting legal aid (chapter A-14, r. 2) and the right of the recipient to apply for a review as to the amount of the contribution.

(c)  the date of acceptance of the application;

(d)  the name of the advocate or notary delegated to the proceeding;

(e)  the period for which it was issued;

(f)  the nature of the proceeding for which aid was granted; and

(g)  the urgent, and where applicable, conditional nature of the certificate.

Where contributory legal aid is granted, the certificate of eligibility shall also indicate that in case of failure by the recipient to make the contribution payable, the aid may be suspended or withdrawn and reimbursement of the costs of legal aid may be required of the recipient.

R.R.Q., 1981, c. A-14, r. 1, s. 72; O.C. 1211-96, s. 20; O.C. 1453-97, ss. 24 and 31.

73. Refusal: A notice of the refusal, suspension or withdrawal of legal aid shall give the reasons therefor. In the case of a refusal or a withdrawal, the notice shall indicate that the applicant or, as the case may be, the recipient is entitled to apply for a review of the decision and shall state the deadline by which such application must be filed.

R.R.Q., 1981, c. A-14, r. 1, s. 73; O.C. 1211-96, s. 21.

74. The refusal, suspension or withdrawal of legal aid shall take effect upon receipt by the applicant, or as the case may be, by the recipient, of the notice designed. The director general or the Commission shall also advise, as applicable, the advocate or notary of the recipient, the clerk of the court or the registrar.

R.R.Q., 1981, c. A-14, r. 1, s. 74; O.C. 1453-97, s. 31; O.C. 702-2010, s. 10.

75. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 75; O.C. 942-83, s. 5.

76. Choice of advocate or notary: The recipient may choose an advocate or notary who is not employed by a centre among those who have agreed to be entered on the list mentioned in section 57. Once the recipient has chosen a particular advocate or notary, the director general shall give such advocate or notary a mandate describing the nature of the proceeding.

R.R.Q., 1981, c. A-14, r. 1, s. 76; O.C. 1453-97, ss. 25 and 31.

77. Notice and report: An advocate or notary who is not employed by a centre or by the Commission shall notify the director general in writing when he refuses a mandate. He shall give such notice within 15 days of the date on which the mandate is received. The director general shall then notify the recipient that he may choose another advocate or notary.

R.R.Q., 1981, c. A-14, r. 1, s. 77; O.C. 1721-86, s. 1; O.C. 1211-96, s. 23; O.C. 1453-97, s. 26; O.C. 702-2010, s. 11.

78. (Replaced).

R.R.Q., 1981, c. A-14, r. 1, s. 78; O.C. 1453-97, s. 26.

79. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 79; O.C. 1721-86, s. 2.

80. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 80; O.C. 942-83, s. 5.

81. Replacement of advocate or notary: Subject to section 81.1, the recipient who has already received the services of an advocate or notary who has not yet completed the mandate given, may obtain the services of another advocate or notary from the director general if he gives reasonable grounds therefor. The advocate or notary, if he is not employed by a centre, shall then transmit his statement of fees, in accordance with the Regulation respecting the report relating to the services rendered by certain advocates and notaries (chapter A-14, r. 8), as soon as the advocate is informed in writing that the recipient requested a replacement of advocate or notary.

The centre must also inform the advocate or notary of the name of the replacement advocate or notary.

R.R.Q., 1981, c. A-14, r. 1, s. 81; O.C. 1453-97, ss. 27 and 31; O.C. 702-2010, s. 12.

81.1. Replacement of advocate or notary: An advocate or notary in private practice may at any time replace, within the scope of the same mandate, another advocate or notary in the same practice to whom the mandate has been entrusted. Such replacement shall be effected by means of a notice signed by the recipient and transmitted by mail or by telecommunications to the director general who entrusted the mandate. The notice shall indicate the legal services for which the replacement is made and the period during which it applies. The director general is bound by such notice.

O.C. 1453-97, s. 28.

81.2. An advocate or notary who, in the course of carrying out a mandate, ceases to represent a recipient must so inform in writing the recipient and the director general who entrusted him or her with the mandate.

O.C. 702-2010, s. 13.

81.3. The Commission pays for and on behalf of the legal aid centre concerned the fees and expenses of an advocate or notary who is not in the employ of that centre and whose services were retained by that centre on behalf of a recipient, after receipt of the statement provided for in section 2 of the Regulation respecting the report relating to the services rendered by certain advocates and notaries (chapter A-14, r. 8), and in accordance with the terms and conditions set out in that Regulation, as well as the fees and expenses of a stenographer or bailiff who performs duties on behalf of a recipient.

O.C. 702-2010, s. 13.

82. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 82; O.C. 941-83, s. 11.

§ 3 . — Review committee

83. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 83; O.C. 1211-96, s. 24.

84. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 84; O.C. 1211-96, s. 24.

85. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 85; O.C. 1211-96, s. 24.

86. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 86; O.C. 1211-96, s. 24.

87. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 87; O.C. 1211-96, s. 24.

88. Minutes: The committee charged with conducting the reviews provided for in sections 74 and 75 of the Act shall keep minutes of its meetings.

R.R.Q., 1981, c. A-14, r. 1, s. 88; O.C. 1211-96, s. 25; O.C. 1453-97, s. 29.

89. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 89; O.C. 1211-96, s. 26.

90. The committee shall immediately send a copy of its decisions to the Commission chairman.

R.R.Q., 1981, c. A-14, r. 1, s. 90; O.C. 1211-96, s. 27.

91. (Revoked).

R.R.Q., 1981, c. A-14, r. 1, s. 91; O.C. 1211-96, s. 28.

92. Where the director general issues a conditional certificate of eligibility within the scope of an application for review, he shall immediately send a copy thereof to the review committee.

R.R.Q., 1981, c. A-14, r. 1, s. 92; O.C. 1211-96, s. 29; O.C. 1453-97, s. 31.

DIVISION IV PROVISION OF CERTAIN OTHER LEGAL SERVICES

O.C. 702-2010, s. 14.

§ 1 . — List of advocates and other documents

O.C. 702-2010, s. 14.

93. For the purposes of this Division and Chapter III of the Act, only the services of an advocate are considered.

O.C. 702-2010, s. 14.

94. The Commission is to establish and maintain, for the whole territory of Québec, an up-to-date list of the advocates referred to in subparagraph 1 of the first paragraph of section 83.7 of the Act who agree in writing to provide their professional services to the persons referred to in section 61.1 or 83.1 of the Act.

In particular, that list includes the following information:

(1)  the section of the Bar to which the advocate belongs;

(2)  the advocate’s professional domicile address;

(3)  the year in which the advocate was entered on the Roll of the Order of Advocates;

(4)  every judicial district in which the advocate practises.

O.C. 702-2010, s. 14.

95. An advocate may at all times write to the Commission requesting it to withdraw his or her name from the list mentioned in section 94. The Commission must agree to such request.

O.C. 702-2010, s. 14.

96. An advocate whose name is not on the list or was withdrawn from the list provided for in section 94 may request that his or her name be entered thereon. The Commission must agree to such request. All verbal applications must be confirmed in writing.

O.C. 702-2010, s. 14.

97. The Commission keeps a register indicating, in particular, the names of the persons who receive services under Chapter III of the Act, the date of the order or of the Commission’s decision, if any, how the application was disposed of and the date on which it was received, as well as the nature of the services.

O.C. 702-2010, s. 14.

98. The Commission keeps a register indicating, in particular, the nature of the mandates entrusted to advocates, the date on which the mandate was entrusted, how the mandate was disposed of and the date on which the mandate was terminated.

O.C. 702-2010, s. 14.

§ 2 . — Application for legal services

O.C. 702-2010, s. 14.

99. An application for legal services may be made with any regional centre provided that the applicant gives reasons if not applying to the regional centre nearest his or her place of residence.

O.C. 702-2010, s. 14.

100. The following are held to be applications for legal services and constitute a description of the nature of the services required:

(1)  a decision of the Commission to allow a recipient to receive the professional services of an advocate in accordance with Chapter III of the Act;

(2)  a court order recognizing a person’s entitlement to the services of an advocate paid by the State, to protect the person’s constitutional right to a fair trial in penal or criminal matters;

(3)  a court order designating an advocate pursuant to a provision of the Criminal Code (R.S.C. 1985, c. C-46).

O.C. 702-2010, s. 14.

101. Where the applicant has chosen a particular advocate who is not in the employ of a regional legal aid centre or the Commission, the director general gives that advocate a mandate describing the nature of the services required, the tariff applicable and any contribution that must be paid to the advocate by the person receiving the services.

Where the Commission provides a person with the professional services of an advocate who is not in the employ of a regional centre or the Commission, the Commission entrusts to that advocate a mandate containing the same information as in the first paragraph, the tariff applicable and any contribution that must be paid to the advocate by the person receiving the services.

O.C. 702-2010, s. 14.

102. The document confirming the right of a person to legal services under Chapter III of the Act is issued in duplicate and contains the following information:

(1)  the name and address of the person in question;

(2)  where applicable, the name of the legal aid centre or bureau that issued a certificate of eligibility under Chapter II of the Act for the same legal services and the number of that certificate;

(3)  a description of the nature of the services required;

(4)  the court record number;

(5)  if a contribution is to be paid under Chapter II of the Act or a court order, the contribution amount and any terms and conditions of payment;

(6)  if property is furnished as security, a description of the property;

(7)  the date on which the application for services is accepted; and

(8)  the tariff applicable.

O.C. 702-2010, s. 14.

103. Subject to section 104, a person who has already received the services of an advocate who still has not completed the mandate entrusted may obtain from the director general the services of another advocate if the person gives reasonable reasons. The advocate, if not in the employ of a centre or the Commission, must send a statement of fees and expenses, in accordance with the second paragraph of section 10 of the Regulation respecting the report relating to the services rendered by certain advocates and notaries (chapter A-14, r. 8), as soon as the advocate is informed in writing that the case has been entrusted to another advocate.

O.C. 702-2010, s. 14.

104. An advocate who is not in the employ of a regional centre or the Commission may, at any time, replace, within the scope of the same mandate, another advocate from the same firm to whom the mandate was entrusted. Such replacement is effected by means of a notice signed by the person receiving the services and sent to the director general or the Commission, as the case may be, that entrusted the mandate. The notice indicates the legal services for which the replacement is made and the duration of the replacement. The director general and the Commission are bound by such notice.

O.C. 702-2010, s. 14.

105. An advocate who, in the course of carrying out a mandate, ceases to represent a person referred to in section 61.1 or 83.1 of the Act must inform in writing that person and the director general or the Commission, as the case may be, that entrusted the mandate.

O.C. 702-2010, s. 14.

106. The Commission pays the fees and expenses of an advocate, who is not in the employ of a regional centre or the Commission and who represents a person referred to in section 83.1 or 61.1 of the Act, whose services are covered by the fees set in Division II of Chapter II of Part I of the Regulation respecting the tariff of fees and expenses of advocates in the course of providing certain legal services and the dispute settlement procedure (chapter A-14, r. 9), after receipt of the statement provided for in section 2 of the Regulation respecting the report relating to the services rendered by certain advocates and notaries (chapter A-14, r. 8) and in accordance with the terms and conditions set out in that Regulation.

O.C. 702-2010, s. 14.

107. For the purposes of the first paragraph of section 83.12 of the Act, the Commission is to take the following criteria into account:

(1)  the number of accused in a trial;

(2)  the number of accusations;

(3)  the nature of the offences;

(4)  the scope and complexity of the evidence;

(5)  the complexity of applicable rules of law;

(6)  the anticipated length of the trial; and

(7)  the public interest.

O.C. 702-2010, s. 14.

SCHEDULE A

(Revoked)

R.R.Q., 1981, c. A-14, r. 1, Sch. A; O.C. 2416-82, s. 1; O.C. 1453-97, s. 30.

SCHEDULE B

(s. 51)

COMMUNITY LEGAL CENTRE

OFFICE OF:

                           LIST OF RECORDS IN CIRCULATION                          

                          AT: _____________________________
					  
 _________________________________________________________________________________
|                                        |                                        |
|             SEQUENCE NUMBER            |              RECORD NUMBER             |
|________________________________________|________________________________________|
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|
|                                        |                                        |
|________________________________________|________________________________________|


GROUP THE RECORDS IN THE FOLLOWING MANNER:  1. RECORDS OF ADVOCATES OF THE NETWORK
                                            2. RECORDS OF PRIVATE ADVOCATES
                                            3. RECORDS OF PRIVATE NOTARIES     

R.R.Q., 1981, c. A-14, r. 1, Sch. B.

SCHEDULE C

(s. 51)

                         COST PER NATURE OF CLOSED RECORD
						                           
COMMUNITY LEGAL CENTRE OF_________________________________________________________

REGION__________________________________             OFFICE ______________________
 _________________________________________________________________________________
|                       |                                                         |
|                       |                  ADVOCATES OF NETWORK                   | 
|                       |_________________________________________________________|
|                       |                            |                            |
|   NATURE OF RECORD    |  NUMBER OF CLOSED RECORDS  |         TIME SPENT         |
|                       |____________________________|____________________________|
|                       |             |              |             |              |
|                       |  QUARTERLY  |  CUMULATIVE  |  QUARTERLY  |  CUMULATIVE  |
|_______________________|_____________|______________|_____________|______________|
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|                       |             |              |             |              |
|_______________________|_____________|______________|_____________|______________|

R.R.Q., 1981, c. A-14, r. 1, Sch. C.

SCHEDULE D

(s. 51)

COMMUNITY LEGAL CENTRE OF:          _  ACTIVITES PER ADVOCATE PER NATURE OF RECORDS
                                   |_| FOR THE ADVOCATES
OFFICE OF           MONTH OF           OF THE NETWORK
 _________________________________________________________________________________
|        |        ||                ||                ||           |     |        |
|        |        || NUMBER OF OPEN ||    NUMBER OF   ||           |     |        |
|  NAME  | NATURE ||    RECORDS     || CLOSED RECORDS || NUMBER OF |     |        |
|   OF   |   OF   ||________________||________________||RECORDS IN |CIVIL|CRIMINAL|
|ADVOCATE| RECORD ||     |          ||     |          ||CIRCULATION|     |        |
|        |        ||MONTH|CUMULATIVE||MONTH|CUMULATIVE||           |     |        |
|        |        ||     |   YEAR   ||     |   YEAR   ||           |     |        |
|________|________||_____|__________||_____|__________||___________|_____|________|
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|        |        ||     |          ||     |          ||           |     |        |
|________|________||_____|__________||_____|__________||___________|_____|________|

R.R.Q., 1981, c A-14, r. 1, Sch. D.

REFERENCES

R.R.Q., 1981, c. A-14, r. 1

O.C. 2416-82, 1982 G.O. 2, 3287

O.C. 2873-82, 1982 G.O. 2, 3710

O.C. 941-83, 1983 G.O. 2, 1971

O.C. 942-83, 1983 G.O. 2, 1973

O.C. 1721-86, 1986 G.O. 2, 2754

O.C. 41-94, 1994 G.O. 2, 661

O.C. 1211-96, 1996 G.O. 2, 4098

S.Q. 1996, c. 23, ss. 52 to 54

O.C. 1453-97, 1997 G.O. 2, 5475

O.C. 702-2010, 2010 G.O. 2, 2483A

S.Q. 2012, c. 11, s. 32