B-1, r. 8 - Regulation respecting the issuance of special permits of the Barreau du Québec

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter B-1, r. 8

Regulation respecting the issuance of special permits of the Barreau du Québec

Act respecting the Barreau du Québec

(chapter B-1, s. 4).

Professional Code

(chapter C-26, s. 94, par. r).

DIVISION I PURPOSE

1. This Regulation is made in order to facilitate the mobility of advocates and forms part of the liberalization of the trade in services provided for in various domestic and international agreements, namely:

(1)  the Agreement on Internal Trade;

(2)  the North American Free Trade Agreement;

(3)  the General Agreement on Trade in Services; and

(4)  the National Mobility Agreement.

It allows the Barreau du Québec to meet the needs of the new socio-economic reality in Québec and foster the professional integration of advocates trained outside Québec, while protecting the public and acknowledging the unique nature of Québec civil law.

O.C. 538-2008, s. 1.

DIVISION II GENERAL PROVISIONS

2. An application for the issuance of a special permit must be submitted in writing to the executive committee on the prescribed form, together with the required documents.

O.C. 538-2008, s. 2.

3. The executive committee may, under the conditions set forth in this Regulation and on the report of the Examining Committee prepared in accordance with Subdivision 1 of Division V of the Act respecting the Barreau du Québec (chapter B-1), issue one of the following special permits to a person legally authorized to practise law outside Québec:

(1)  a special Canadian legal advisor permit;

(2)  a special corporate legal advisor permit; or

(3)  a special foreign legal consultant permit.

The executive committee must allow the applicant to submit written observations before refusing to issue a special permit.

The executive committee’s decision refusing the issuance of a special permit must be rendered in writing.

O.C. 538-2008, s. 3.

4. In order to engage in an activity provided for in Division III, IV or V, the holder of a special permit must hold and maintain an authorization to practise law outside Québec as contemplated in this Division.

O.C. 538-2008, s. 4.

5. The holder of a special permit must immediately give written notice to the Executive Director as soon as he ceases to be legally authorized to practise law outside Québec.

O.C. 538-2008, s. 5.

6. For purposes of the application of this Regulation, when a State comprises several territorial units with separate legislative jurisdictions, each territory is considered to be a State.

O.C. 538-2008, s. 6.

DIVISION III SPECIAL CANADIAN LEGAL ADVISOR PERMIT

7. A member of the bar of another Canadian province or territory who applies for a special Canadian legal advisor permit must complete the prescribed form and send it to the executive committee together with the following documents:

(1)  a certificate of good standing issued by an authorized officer from that province or territory attesting that the applicant is legally authorized to practise law outside Québec and stating that the applicant is not subject to a disbarment nor a suspension or a limitation of its right to practice law; and

(2)  a declaration by the applicant that he undertakes to act within the limits of the activities authorized by section 9.

O.C. 538-2008, s. 7.

8. The holder of a special Canadian legal advisor permit must have his name followed by:

(1)  the title “Canadian legal advisor” or the initials “c.l.a.”; and

(2)  a reference to the Canadian province or territory where he is legally authorized to practise law.

He may include the word “Me” or “Mtre” before his name.

O.C. 538-2008, s. 8.

9. Subject to being entered on the Roll of the Order, the holder of a special Canadian legal advisor permit may engage in the following activities on behalf of another person:

(1)  give legal advice and consultations on legal matters involving the law of the Canadian province or territory where he is legally authorized to practise law or involving matters under federal jurisdiction;

(2)  prepare and draw up a notice, motion, proceeding or other similar document intended for use in a case before the courts, but only with respect to matters under federal jurisdiction;

(3)  give legal advice and consultations on legal matters involving public international law; and

(4)  plead or act before any tribunal, but only with respect to matters under federal jurisdiction.

O.C. 538-2008, s. 9.

DIVISION IV SPECIAL CORPORATE LEGAL ADVISOR PERMIT

10. A member of a State bar located outside Canada who applies for a special corporate legal advisor permit must complete the prescribed form and send it to the executive committee together with the following documents:

(1)  a certificate of good standing issued by an authorized officer from that State bar attesting that the applicant is legally authorized to practise law outside Québec and stating that the applicant is not subject to a disbarment nor a suspension or a limitation of its right to practice law; and

(2)  a declaration setting forth all the functions he holds or intends to hold within an enterprise, other than a law partnership or a multidisciplinary joint-stock company, having its head office, a branch or a subsidiary in Québec; and

(3)  a declaration by the applicant that he undertakes to act, for the exclusive account of his employer or the employer’s subsidiaries, within the limits of the activities authorized by section 12.

O.C. 538-2008, s. 10.

11. The holder of a special corporate legal advisor permit must have his name followed by:

(1)  the title “corporate legal advisor” or the initials “corp.l.a.”; and

(2)  a reference to the State where he is legally authorized to practise law.

He may include the word “Me” or “Mtre” before his name.

O.C. 538-2008, s. 11.

12. Subject to being entered on the Roll of the Order, the holder of a special corporate legal advisor permit may engage in the activities described in subsection 1 of section 128 of the Act respecting the Barreau du Québec (chapter B-1) exclusively for the account of his employer or the employer’s subsidiaries.

O.C. 538-2008, s. 12.

DIVISION V SPECIAL FOREIGN LEGAL CONSULTANT PERMIT

13. A member of a State bar located outside Canada who applies for a special foreign legal consultant permit must complete the prescribed form and send it to the executive committee together with the following documents:

(1)  a certificate of good standing issued by an authorized officer from that State bar attesting that the applicant has legally practised law for a period of at least 3 years and attesting that the applicant is legally authorized to practise law outside Québec and stating that the applicant is not subject to a disbarment nor a suspension or a limitation of its right to practice law; and

(2)  a declaration by the applicant that he undertakes to act within the limits of the activities authorized by section 15.

O.C. 538-2008, s. 13.

14. The holder of a special foreign legal consultant permit must have his name followed by:

(1)  the title “foreign legal consultant” or the initials “f.l.c.”; and

(2)  a reference to the State where he is legally authorized to practise law.

He may include the word “Me” or “Mtre” before his name.

O.C. 538-2008, s. 14.

15. Subject to being entered on the Roll of the Order, the holder of a special foreign legal consultant permit may engage in the following activities on behalf of another person:

(1)  give legal advice and consultations on legal matters involving the law of the State where he is legally authorized to practise law; and

(2)  give legal advice and consultations on legal matters involving public international law.

O.C. 538-2008, s. 15.

16. (Omitted).

O.C. 538-2008, s. 16.

REFERENCES

O.C. 538-2008, 2008 G.O. 2, 2110

S.Q. 2008, c. 11, s. 212