B-1, r. 16 - Regulation respecting the standards for equivalence of diplomas and training of the Barreau du Québec

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter B-1, r. 16

Regulation respecting the standards for equivalence of diplomas and training of the Barreau du Québec

Act respecting the Barreau du Québec

(chapter B-1, s. 4).

Professional Code

(chapter C-26, ss. 93, par. c and 94, par. i).

DIVISION I GENERAL PROVISIONS AND APPLICATIONS FOR EQUIVALENCE

1. The secretary of the equivalences committee shall forward a copy of this Regulation to a candidate wishing to have his training or a diploma issued by an educational instititution outside Québec recognized as equivalent.

In this Regulation,

“diploma equivalence” means the recognition by the equivalences committee that a diploma issued by an educational institution outside Québec certifies that a candidate’s level of knowledge and skills is equivalent to the level attained by the holder of a diploma recognized by the Government as meeting the requirements for the permit issued by the Barreau du Québec; and

“training equivalence” means the recognition by the equivalences committee that a candidate’s training has enabled him to attain a level of knowledge and skills equivalent to the level attained by the holder of a diploma recognized by the Government as meeting the requirements for the permit issued by the Barreau du Québec.

O.C. 670-96, s. 1.

2. A candidate applying for a diploma or training equivalence shall provide the secretary of the committee with those of the following documents that are necessary to support his application, together with the fees for the examination of his application prescribed under paragraph 8 of section 86.0.1 of the Professional Code (chapter C-26):

(1)  the candidate’s university record and a description of the courses taken, with the number of credits or hours for each course and the marks obtained;

(2)  a list of the candidate’s publications;

(3)  official proof of the diplomas held by the candidate;

(4)  a document attesting to the candidate’s participation in a training session or in any other continuing education or upgrading activity in the field of law;

(5)  official proof that the candidate belongs to 1 or more bars; and

(6)  a document attesting to the candidate’s work experience in the field of law.

O.C. 670-96, s. 2.

3. Documents provided in support of an application and originally written in a language other than French or English shall be accompanied by a French or English translation, attested to by a declaration under oath by the person who made the translation.

O.C. 670-96, s. 3.

4. The secretary shall forward the documents to the members of the committee. At the first meeting following the date of receipt of those documents, the committee shall, after having given the candidate an opportunity to be heard, dispose of the applications in accordance with this Regulation.

O.C. 670-96, s. 4.

5. The committee’s decision shall be sent in writing to the candidate within 60 days following the end of the hearing.

O.C. 670-96, s. 5.

6. A candidate holding a diploma issued by an educational institution outside Québec shall be granted a diploma equivalence if the diploma was issued upon completion of undergraduate or graduate university studies pertaining to legal concepts, rules and institutions substantially similar to those prevailing in Québec and comprising not less than 90 credits or the equivalent, including 45 distributed among the following subjects: civil law, civil procedure, commercial and corporate law, constitutional law, administrative law and criminal and penal law.

O.C. 670-96, s. 6.

7. Notwithstanding section 6, where the diploma in respect of which an equivalence application has been filed was issued 5 or more years prior to the application, a diploma equivalence shall be denied if the legal knowledge of the candidate no longer corresponds to the knowledge currently taught in Québec and acquired by the holder of a diploma recognized as meeting permit requirements.

Notwithstanding the foregoing, a diploma equivalence shall be granted if the candidate’s training and work experience have enabled him to attain the required level of knowledge.

O.C. 670-96, s. 7.

8. A training equivalence shall be granted if the candidate demonstrates that his relevant work experience of at least 5 years in the field of law has enabled him to acquire knowledge and skills equivalent to those acquired by the holder of a diploma recognized as meeting permit requirements.

O.C. 670-96, s. 8.

9. In appraising whether a candidate’s training is equivalent, the committee shall take into account the following factors in particular:

(1)  the nature and duration of the candidate’s experience;

(2)  the fact that the candidate holds one or more diplomas awarded in Québec or elsewhere;

(3)  the nature and content of the courses taken;

(4)  the training sessions completed; and

(5)  the total number of years of schooling.

O.C. 670-96, s. 9.

10. In appraising whether a candidate’s training is equivalent, the committee shall determine whether the level of knowledge and skills of the candidate corresponds to the level attained by the holder of a diploma recognized as meeting permit requirements who has successfully fulfilled the terms and conditions of the By-law respecting the professional training of advocates (chapter B-1, r. 14); if so, the candidate is deemed to have successfully fulfilled those terms and conditions.

O.C. 670-96, s. 10.

11. When ruling on a candidate’s application for equivalence, the committee may decide

(1)  to recognize the diploma or training equivalence;

(2)  to recognize a partial diploma or training equivalence and inform the candidate of the courses or training sessions that must be successfully completed for the equivalence to be granted; or

(3)  to deny the diploma or training equivalence.

O.C. 670-96, s. 11.

12. A candidate who has new facts to present may apply to the committee for a new hearing.

The committee shall hear the candidate within 60 days following receipt of such an application and, where expedient, shall revise its decision. To that end, the secretary of the committee shall convene the candidate by registered mail not less than 10 days before the date of the hearing.

The committee’s decision shall be sent in writing to the candidate within 60 days following the end of the hearing.

O.C. 670-96, s. 12.

DIVISION 2 EXEMPTION FROM PROFESSIONAL TRAINING AND EXAMINATIONS

13. A candidate who wishes to be exempted from the terms and conditions prescribed in the By-law respecting the professional training of advocates (chapter B-1, r. 14) shall apply therefor to the secretary of the committee and shall provide him with a certificate signed by an officer and establishing

(1)  that he is member of the bar of a State or of another province or territory of Canada; and

(2)  that advocates of Québec benefit from a similar exemption in that State or in that province or territory of Canada, or else that they do not have to complete a professional training program in that place.

The committee’s decision to grant the exemption from professional training shall be sent in writing to the candidate within 15 days following acceptance of the certificate by the committee.

O.C. 670-96, s. 13.

14. A candidate exempt under section 13 may receive an attestation of training equivalence, provided that he passes an examination made up in accordance with this Division to establish whether his level of knowledge and skills corresponds to the level attained by the holder of a diploma recognized as meeting permit requirements.

The examination provided for in this section is intended to measure the level of knowledge of candidates who are members of another bar in order to ensure the protection of the public with a view to the full right to practise the profession of advocate in Québec.

O.C. 670-96, s. 14.

15. Considering the specificity of the legal system in force in Québec, the examination shall comprise 2 parts: one on Québec law and the other on federal law.

O.C. 670-96, s. 15.

16. The examination shall comprise 4 written tests, each lasting 3 hours, pertaining respectively to the subjects described in Schedule I.

Each test shall pertain to the application of substantive law in the context of litigation. More specifically, a test shall consist is solving practical cases inspired by concrete situations.

O.C. 670-96, s. 16.

17. Upon examination of the file, the committee shall exempt the candidate from any part of the examination pertaining to subjects for which the candidate is legally authorized to practise in Québec.

O.C. 670-96, s. 17.

18. The material organization of the examination shall be entrusted to an evaluation subcommittee. That subcommittee shall set up an evaluation team for each test, determine the topics for evaluation and draw up a list of books and other printed material useful in helping the candidate to prepare for the examination. Each evaluation team shall assume the preparation and correction of the test under its responsibility.

The tests shall be organized so as to ensure that the candidates remain anonymous.

Candidates are authorized to use any document they consider useful.

O.C. 670-96, s. 18.

19. Each test is graded on a scale of 100 points. To pass the examination, the candidate shall obtain at least 60% in each test required of him. A certificate of success shall be awarded to him for each test passed.

A candidate who fails a test may apply for revision of his evaluation within 30 days following the date on which the result is forwarded to him.

The revised decision of the committee is final and may not be appealed.

O.C. 670-96, s. 19.

20. A candidate who, after revision, still fails a test required to him may sit again for that test within 3 years following the date of the failure.

O.C. 670-96, s. 20.

21. The committee shall grant an attestation of training equivalence to a candidate who passes all the tests required of him.

O.C. 670-96, s. 21.

22. The examination shall take place at least once a year. The date and place of the tests shall be fixed by the committee, which shall send an individual notice of examination to the candidate at least 3 months before the date of the first test. Where applicable, the notice shall specify the tests from which the candidate is exempt.

O.C. 670-96, s. 22.

DIVISION 3 TRANSITIONAL AND FINAL PROVISIONS

23. Any application sent to the secretary of the committee before 4 July 1996 is deemed to be made in accordance with this Regulation where the candidate has not been heard by the committee before that date.

O.C. 670-96, s. 23.

24. Any candidate in either of the following situations may apply to the committee for a new decision based on the provisions of this Regulation:

(1)  he was granted, before 4 July 1996, a training equivalence and he has not begun or completed his professional training; or

(2)  he has not completed the program of legal studies prescribed by a decision of the General Council rendered before 4 July 1996, under paragraph 2 of section 6 of the Regulation respecting training equivalence standards for the issuance of a permit by the Barreau du Québec (O.C. 140-83, 83-01-26).

O.C. 670-96, s. 24.

25. (Omitted).

O.C. 670-96, s. 25.

26. (Omitted).

O.C. 670-96, s. 26.

SCHEDULE I

(s. 16)

LIST OF THE SUBJECTS EVALUATED BY EACH TEST IN THE WRITTEN EXAMINATION

First test: Civil law I and related proceedings, which may include, in particular: persons, successions, property, obligations and the Consumer Protection Act (chapter P-40.1).

Second test: Civil law II and related proceedings, which may include, in particular: nominate contracts, prior claims and hypothecs, evidence, prescription, publication of rights and private international law.

Third test: Québec public (administrative) and labour law and related proceedings.

Fourth test: Federal public law:

(1) distribution of legislative jurisdictions;

(2) Canadian Charter of Rights and Freedoms;

(3) fiscal law;

(4) criminal law.

O.C. 670-96, Sch. I.

REFERENCES

O.C. 670-96, 1996 G.O. 2, 2723