A-14, r. 5.02 - Agreement to establish the Agreement between the Minister of Justice and the Barreau du Québec respecting the tariff of fees of advocates for legal services provided for in paragraph 1.1 of section 4.7 of the Act respecting legal aid and the provision of certain other legal services and the dispute settlement procedure, and to amend other agreements

À jour au 15 juillet 2021

Ce document a valeur officielle.

not in force

chapter A-14, r. 5.02

Agreement to establish the Agreement between the Minister of Justice and the Barreau du Québec respecting the tariff of fees of advocates for legal services provided for in paragraph 1.1 of section 4.7 of the Act respecting legal aid and the provision of certain other legal services and the dispute settlement procedure, and to amend other agreements

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

(chapter A-14, s. 83.21).

PART I AGREEMENT BETWEEN THE MINISTER OF JUSTICE AND THE BARREAU DU QUÉBEC RESPECTING THE TARIFF OF FEES OF ADVOCATES FOR LEGAL SERVICES PROVIDED FOR IN PARAGRAPH 1.1 OF SECTION 4.7 OF THE ACT RESPECTING LEGAL AID AND THE PROVISION OF CERTAIN OTHER LEGAL SERVICES AND THE DISPUTE SETTLEMENT PROCEDURE

Decision 2021-07-15, Part I.

PRELIMINARY

Decision 2021-07-15.

1. This Agreement establishes the tariff of fees applicable to advocates in private practice to whom a legal aid mandate is assigned for the legal services provided for in paragraph 1.1 of section 4.7 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14).

The Agreement provides for a flat fee for all the legal services provided; no other fee, travel compensation or other expenses are eligible.

The Agreement also establishes rules concerning dispute settlement.

Decision 2021-07-15, s. 1.

CHAPTER I TARIFF OF FEES

Decision 2021-07-15, c. I.

2. For all the legal services provided until a judgment is obtained on an agreement between the parties submitted in a joint application for the review of a judgment, an advocate is entitled to a fee of $470.

Where legal aid is withdrawn under section 4.11.1 of the Act or the recipients waive legal aid before an agreement between the parties is filed with the court office, an advocate is entitled, for all the services rendered by the advocate, to a fee of $117.50.

Where legal aid is withdrawn under section 4.11.1 of the Act or the recipients waive legal aid after an agreement between the parties is filed with the court office, an advocate is entitled, for all the services rendered by the advocate, to a fee of $235.

Decision 2021-07-15, s. 2.

3. Subject to section 81.1 of the Regulation respecting the application of the Act respecting legal aid and the provision of certain other legal services (chapter A-14, r. 4), where more than 1 advocate has rendered services, each advocate is entitled to the portion of the flat fee corresponding to the services the advocate has rendered up to a maximum amount of $470 that may be paid to all the advocates.

Decision 2021-07-15, s. 3.

CHAPTER II DISPUTE SETTLEMENT PROCEDURE

Decision 2021-07-15, c. II.

4. The dispute settlement procedure provided for in Part III of the Agreement dated 4 December 2020 between the Minister of Justice and the Barreau du Québec respecting the tariff of fees and expenses of advocates under the legal aid plan and the dispute settlement procedure (chapter A-14, r. 5.1.1) applies with the necessary modifications.

Decision 2021-07-15, s. 4.

CHAPTER III FINAL

Decision 2021-07-15, c. III.

5. This Agreement replaces the Agreement between the Minister of Justice and the Barreau du Québec respecting the tariff of fees of advocates for legal services provided for in paragraph 1.1 of section 4.7 of the Act respecting legal aid and the provision of certain other legal services and the dispute settlement procedure (chapter A-14, r. 5.01), made on 12 September 2013.

It comes into force on the date of its publication in the Gazette officielle du Québec and applies to mandates assigned as of that date.

Decision 2021-07-15, s. 5.

6. This Agreement expires on 30 September 2022. It remains in force after that date until it is replaced by a new agreement or a regulation.

Decision 2021-07-15, s. 6.

PART II AMENDING

Decision 2021-07-15, Part II.

Agreement dated 4 December 2020 between the Minister of Justice and the Barreau du Québec respecting the tariff of fees and expenses of advocates under the legal aid plan and the dispute settlement procedure

7. (Amendment integrated into c. A-14, r. 5.1.1, s. 86).

Decision 2021-07-15, s. 7.

8. (Amendment integrated into c. A-14, r. 5.1.1, s. 167.1).

Decision 2021-07-15, s. 8.

Agreement dated 4 December 2020 between the Minister of Justice and the Barreau du Québec respecting the tariff of fees and expenses of advocates rendering services in criminal and penal matters and the dispute settlement procedure

9. (Amendment integrated into c. A-14, r. 5.3, s. 80.1).

Decision 2021-07-15, s. 9.

PART III FINAL

Decision 2021-07-15, Part III.

10. (Omitted).

Decision 2021-07-15, s. 10.