b-1, r. 1.01 - Regulation respecting the professional activities that may be engaged in by persons other than advocates

À jour au 28 avril 2022

Ce document a valeur officielle.

chapter B-1, r. 1.01

Regulation respecting the professional activities that may be engaged in by persons other than advocates

Act respecting the Barreau du Québec

(chapter B-1, s. 128, subsec. 1, 2nd par.).

Act to improve justice accessibility and efficiency, in particular to address consequences of the COVID-19 pandemic

(2020, chapter 29, s. 6).

Professional Code

(chapter C-26, s. 94, 1st par., subpar. h).

DIVISION I OBJECT

O.C. 652-2022, Div. I.

1. The object of this Regulation is to determine the terms and conditions according to which the following persons may engage in, as the case may be, the professional activities reserved to advocates or certain of those activities:

(1)  a person who is registered in a study program leading to a diploma that meets the requirements for the permit issued by the Barreau du Québec and who earned 45 credits in that program;

(2)  a person who holds a diploma that meets the requirements for the permit issued by the Barreau or whose diploma or training equivalence for the purpose of issuing such a permit has been recognized pursuant to a regulation under paragraphs c and c.1 of section 93 of the Professional Code (chapter C-26) and who is registered in a graduate study program in legal studies;

(3)  a person who holds a diploma that meets the requirements for the permit issued by the Barreau or whose diploma or training equivalence for the purpose of issuing such a permit has been recognized pursuant to a regulation under paragraphs c and c.1 of section 93 of the Professional Code and who is registered in the professional training program dispensed by the École du Barreau;

(4)  a person who is legally authorized to practise, outside of Québec, the same profession as advocates.

O.C. 652-2022, s. 1.

DIVISION II APPLICABLE TERMS AND CONDITIONS

O.C. 652-2022, Div. II.

§ 1 . — Practice within a legal clinic established or recognized by a university-level educational institution

O.C. 652-2022, Sd. 1.

2. A person referred to in paragraph 1 or 2 of section 1 may give legal advice or consultations on legal matters on behalf of others within a legal clinic established or recognized by a university-level educational institution that grants a diploma that meets the requirements for the permit issued by the Barreau, provided

(1)  the person has completed a course in ethics and professional conduct of a minimum duration of 3 hours that is recognized by the Barreau;

(2)  the person engages in those activities under the close supervision and responsibility of a practising advocate referred to in section 3;

(3)  except in the case of communications that are administrative in nature, the person communicates alone with a client only after obtaining the approval of the supervising advocate, who determines whether his or her presence is required given the complexity of the case or the nature of the legal matters involved;

(4)  the person gives verbal advice on legal matters to a client only in the presence of the supervising advocate or, in the case of written advice on legal matters, only after obtaining the supervising advocate’s approval; and

(5)  the person engages in those activities in conformity with the regulatory standards applicable to advocates relating to professional conduct, accounting and professional practice standards, with the necessary modifications.

O.C. 652-2022, s. 2.

3. An advocate may act as a supervisor under the following terms and conditions:

(1)  the advocate has been entered on the Roll as a practising advocate for at least 5 years or was re-entered as such after being entered on the Roll as a retired advocate for less than 5 years;

(2)  the advocate is covered under the professional liability insurance fund of the Barreau;

(3)  the advocate keeps up the records he or she opens within a legal clinic or ensures that they are kept up by another practising advocate or by a notary who complies, as applicable, with the terms and conditions provided for in this section or in section 3 of the Regulation respecting the professional activities that may be engaged in by persons other than notaries (chapter N-3, r. 0.2), and who is designated to do so by the university-level educational institution;

(4)  the advocate is not the subject of a disciplinary complaint or a request in accordance with section 116 or 122.0.1 of the Professional Code (chapter C-26) or a proceeding for an offence punishable by a term of imprisonment of 5 years or more;

(5)  the advocate is not the subject, nor was the subject, in the 5 years preceding the date on which the supervision began, of

(a)  a decision or order rendered under the Professional Code, the Act respecting the Barreau du Québec (chapter B-1) or a regulation made for their application imposing a penalty, a striking off the Roll, a restriction or suspension of the right to engage in professional activities or conditions the advocate must meet in order to be allowed to continue to practise the profession, refresher courses, periods of refresher training, or any other requirement provided for in a regulation made under section 90 of the Professional Code;

(b)  a decision finding the advocate guilty of an offence under the Professional Code, the Act respecting the Barreau du Québec or a regulation made for their application;

(c)  a judicial decision described in subparagraph 1, 2, 5 or 6 of the first paragraph of section 45 of the Professional Code.

An advocate who holds a special permit issued in accordance with a regulation under subparagraph r of the first paragraph of section 94 of the Professional Code or a temporary restrictive permit issued in accordance with section 42.1 of the Professional Code may not act as a supervisor.

O.C. 652-2022, s. 3.

§ 2 . — Practice within a legal clinic established by the École du Barreau

O.C. 652-2022, Sd. 2.

4. A person referred to in paragraph 3 of section 1 may engage in the professional activities reserved for advocates within a legal clinic established by the École du Barreau, provided

(1)  the person successfully completed the ethics and professional conduct examination provided for in the professional training program dispensed by the École du Barreau;

(2)  the person engages in those activities under the close supervision and responsibility of a practising advocate referred to in section 3, with the necessary modifications; and

(3)  the person engages in those activities in conformity with the regulatory standards applicable to advocates relating to professional conduct, accounting and professional practice standards, with the necessary modifications.

O.C. 652-2022, s. 4.

§ 3 . — Practice regarding a case before an international arbitration tribunal

O.C. 652-2022, Sd. 3.

5. A person referred to in paragraph 4 of section 1 may give advice and consultations on legal matters on behalf of another person, provided

(1)  the person acts as an advocate or counsel before an international arbitration tribunal;

(2)  the person gives advice and consultations on legal matters regarding the case for which the person is acting as advocate or counsel before an international arbitration tribunal.

O.C. 652-2022, s. 5.

DIVISION III FINAL

O.C. 652-2022, Div. III.

6. This Regulation replaces the Regulation respecting professional acts that may be performed by persons other than members of the Barreau du Québec (chapter B-1, r. 1).

O.C. 652-2022, s. 6.

7. (Omitted).

O.C. 652-2022, s. 7.

REFERENCES

O.C. 652-2022, 2022 G.O. 2, 1061