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Full Permit for a Canadian Lawyer

 
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ISSUANCE OF A PERMIT PURSUANT TO THE RÈGLEMENT SUR LES AUTORISATIONS LÉGALES D’EXERCER LA PROFESSION D’AVOCAT HORS DU QUÉBEC QUI DONNENT OUVERTURE AU PERMIS DU BARREAU DU QUÉBEC

Canadian lawyer who wants to become a member of the Barreau du Québec.

The Règlement sur les autorisations légales d’exercer la profession d’avocat hors du Québec qui donnent ouverture au permis du Barreau du Québec is in effect as of November 11, 2010. It is not yet available in English.

This regulation aims to allow the issuance of a permit by the Barreau du Québec to the holder of a legal authorization to practice law issued by another Canadian province or a Canadian territory.

The Canadian advocate benefiting from this regulation becomes a member of the Barreau du Québec. He is subjected to the same duties and obligations that devolve upon the other members of the Barreau du Québec. He must, for instance, respect the Code of ethics of advocates and hold a professional responsibility insurance with a limited warranty of $10,000,000.

WHO CAN OBTAIN A PERMIT BY WAY OF THE REGULATION?

In order to benefit from this regulation, the Canadian lawyer must hold a legal authorization to practice law issued by another Canadian province or a Canadian territory.

CONDITIONS FOR THE ISSUANCE OF A PERMIT BY WAY OF THE REGULATION

The Canadian lawyer must submit the following documents:

  • The following completed applications:
  • All mandatory documents accompanying the application for admission (as enumerated in annexes 1 and 2 of the application for admission), including, but not limited to, a proof of identity, a Canadian police certificate and the documents demonstrating knowledge of the French language.
    IMPORTANT: By way of article 35 of the Charter of the French language, "The professional orders shall not issue permits except to persons whose knowledge of the official language is appropriate to the practice of their profession." For more details.
  • A certificate delivered by a competent official of a Canadian Bar attesting that the applicant is legally authorized to practice law and is not subject to a radiation or limitation or suspension of his right to practice the profession.
  • A proof of successful completion of the following examinations:
    1. the "Civil law I and related proceedings" examination, which may encompass the following topics: persons, family (including matrimonial regimes and divorce) successions, property, obligations (including extracontractual civil liability), and the Consumer Protection Act;
    2. the "Civil law II and related proceedings" examination, which may encompass the following topics: nominate contracts, evidence and procedure, business law, prescription, priorities and hypothecs, publication of rights and private international law;
    3. the "Legislation, regulation and ethical aspects linked to the practice of law" examination.
  • All other required documents, if necessary.

THE PROCESS

The application for the issuance of a permit will be reviewed by the Secretary of the Order to ensure that the conditions for the issuance of the permit are met. She acknowledges receipt of the application in the 30 days following reception and, when necessary, informs the applicant about any missing document. When the application is complete, the applicant must register for the aptitude assessment examinations of the Barreau du Québec.

 Application for registration to the aptitude assessment examinations.

For questions regarding the exams, the applicant must refer to the Québec Bar School.

The Executive Committee of the Barreau du Québec then decides if the applicant has successfully completed the aptitude assessment examinations of the Barreau du Québec.

The Executive Committee informs the applicant of its decision, by recommended mail, in the 30 days following the date on which it was made. Following a favorable decision of the Executive Committee, the application for admission to the Barreau du Québec is submitted to the Examining Committee. Under section 45 of an Act respecting the Barreau du Québec, the Examining Committee shall inquire as whether the applicant has the required moral character, conduct, skills, knowledge and qualifications to practice the profession.

Upon receipt of the Examining Committee’s decision stating the eligibility of the applicant, the Committee delivers a permit to the applicant.

If the Executive Committee decides that the aptitude assessment examinations were not successfully completed, it must inform the applicant of its decision as well as of the appeal for review.

The applicant may request the review of the Executive Committee’s decision by submitting a written request for review to the Secretary of the Order in the 30 days following the date of receipt of the decision. The administrative fee for a request for review is $305 CAD.

The Secretary of the Order informs the applicant of the date of the session during which the request for review will be assessed, at least 15 days prior to the date of the session, by a written notice delivered by registered mail.

The applicant who wishes to be present and make representations at the session must inform the Secretary of the Order in writing, at least five days prior to the date of the session. He can also send his written observations to the Secretary of the Order, at any time prior to the date of the session.

The applicant who wishes to present his written observations must send them to the Secretary of the Order at any time prior to the session during which the request for review will be assessed.

The Review Committee examines the request for review and delivers a written, justified decision in the 60 days following the date of reception of the request for review.

The Committee’s decision is final and must be transmitted to the applicant by registered mail in the 30 days following the date of the session during which it was delivered.

The applicant must follow the following steps in order to be duly registered on the Roll of the Order of Advocates and be allowed to practice the profession of advocate:

Step 1  | Payment of the annual dues
  • ou must pay the full annual dues for the current calendar year in order to be registered on the Roll of the Order of Advocates.
Step 2  | Professional responsibility insurance
  • You must, at the same time, subscribe to the professional responsibility insurance of the members of the Barreau du Québec.
Step 3 | Performance of the oath
  • Prior to being registered to the Roll of the Order, ou must also take an oath or make a declaration of allegiance.

ADMINISTRATIVE FEES

The application for the issuance of the permit is $205 CAD.

The administrative fee for a request for review is $305 CAD.

Once registered in the Roll of the Order, the lawyer must pay his annual fees.

THE APTITUDE ASSESSMENT EXAMINATIONS MANAGED BY THE ÉCOLE DU BARREAU DU QUÉBEC

1. The "Legislation, regulation and ethical aspects linked to the practice of law" examination

The aptitude assessment examination on the regulations and ethics of the advocate allows the Barreau du Québec to determine whether the applicant possesses the required knowledge about the duties and obligations incumbent upon all members of the Barreau du Québec in order to practice the profession of advocate.

The following professional documentation is recommended: The printed version of these documents is available from the following publishers:
  • Éditions Yvons Blais / Cowansville QC
    Telephone: 1 800 363-3047 ou 450 266-1086
    Fax: 450 263-9256
    www.editionsyvonblais.com
  • Wilson & Lafleur / Montréal QC
    Telephone: 514 875-6326
    Fax: 514 875-8356
    www.wilsonlafleur.com
  • Carwsell/Thomson / Toronto ON
    www.carswell.com
  • CCH Canadian Limited / Toronto ON
    Telephone: 1 800 268-4522
    Fax: 1 800 461-4131
    www.cch.ca

The examination is offered once a year, during the month of September.

The applicant must ensure to provide all documents necessary for registration before July 1st.

The applicant may choose to follow the 7-day professional education program on ethics and professional practice offered by the École du Barreau du Québec (in French only), prior to the examination.

It is the applicant’s own responsibility to register for this education program:
 Application for registration to the aptitude assessment examinations.


2. The "Civil law I and related proceedings" examination

The aptitude assessment examination "Civil law I and related proceedings" can encompass the following topics: persons, family (including matrimonial regimes and divorce), successions, property, obligations (including extracontractual civil liability) and the Consumers Protection Act.

The following professional documentation is recommended: The printed version of these documents is available from the following publishers:
  • Éditions Yvons Blais / Cowansville QC
    Telephone: 1 800 363-3047 ou 450 266-1086
    Fax: 450 263-9256
    www.editionsyvonblais.com
  • Wilson & Lafleur / Montréal QC
    Telephone: 514 875-6326
    Fax: 514 875-8356
    www.wilsonlafleur.com
  • Carwsell/Thomson / Toronto ON
    www.carswell.com
  • CCH Canadian Limited / Toronto ON
    Telephone: 1 800 268-4522
    Fax: 1 800 461-4131
    www.cch.ca

The examination is offered once a year, during the month of December.

The applicant must ensure to provide all documents necessary for registration before October 1st.

The applicant may choose to follow the preparatory classes offered by the École du Barreau du Québec (in French only), prior to the examination. The 57 days of summary classes on Québec law are offered every year, from August to December.

It is the applicant’s own responsibility to register for this education program:
 Application for registration to the aptitude assessment examinations.


3. The "Civil law II and related proceedings" examination

As for the aptitude assessment examination "Civil law II and related proceedings", it can encompass the following topics: nominate contracts,  evidence and procedure, business law, prescription, priorities and hypothecs, publication of rights and private international law.

The following professional documentation is recommended: The printed version of these documents is available from the following publishers:
  • Éditions Yvons Blais / Cowansville QC
    Telephone: 1 800 363-3047 ou 450 266-1086
    Fax: 450 263-9256
    www.editionsyvonblais.com
  • Wilson & Lafleur / Montréal QC
    Telephone: 514 875-6326
    Fax: 514 875-8356
    www.wilsonlafleur.com
  • Carwsell/Thomson / Toronto ON
    www.carswell.com
  • CCH Canadian Limited / Toronto ON
    Telephone: 1 800 268-4522
    Fax: 1 800 461-4131
    www.cch.ca

The examination is offered once a year, during the month of December.

The applicant must ensure to provide all documents necessary for registration before October 1st.

The applicant may choose to follow the preparatory classes to the professional education program offered by the École du Barreau du Québec (in French only), prior to the examination. The 57 days of summary classes on Québec law are offered from August to December.

It is the applicant’s own responsibility to register for this education program:
 Application for registration to the aptitude assessment examinations.

ADDITIONAL INFORMATION

For further information about the examinations or about the École du Barreau, please communicate with:
Madam Denise Goyer
dgoyer@barreau.qc.ca
Tel. : 514 954-3459, ext. 3316 or toll free 1 800 361-8495, ext. 3316

For any other information, please contact:

Secretariat of the Barreau du Québec
Email : permis@barreau.qc.ca
Tel. : 514 954-3400, extension 3265 or 1 800 361-8495, extension 3265


              

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