Under section 42.4 of the Professional Code, the bâtonnier of Québec (President of the Barreau du Québec) may, by special authorization, empower a Canadian or foreign lawyer to practise law in connection with a specific case.
The special authorization is valid for a specific case, until a final judgment is rendered within a period not exceeding 12 months. Thereafter, it may be renewed.
WARNING: Although the Barreau du Québec has signed the National Mobility Agreement (NMA), it has not yet implemented the NMA in its regulations. Therefore, an application for a special authorization does not fall within the scope of the rules of temporary mobility as defined in the NMA.
Every Canadian or foreign lawyer who satisfies the conditions set out below.
A Canadian or foreign lawyer must provide the original following documents:
The application for a special authorization will be reviewed by the Secretary of the Barreau du Québec in order to ensure that the conditions for the issuance of the special authorization have been met and, if they have, the authorization will be issued by the bâtonnier of Québec.
The processing period for an application for a special authorization is at least 10 business days. If the application is incomplete, the processing could take longer. Moreover, if you need to be authorized before this normal period, the application will be considered as urgent.
For litigation files
The bâtonnier of Quebec may authorize a lawyer only if he demonstrates a connecting link with Quebec, such as criminal or penal proceedings against his client, for injuries suffered in Québec by non-residents of Quebec, holding a letter rogatory, etc. Since it is a special permit to occasionally practice in Quebec without the need to become a member of the Barreau du Québec, a lawyer can submit up to 10 applications per year. The board of directors retains the discretion to grant more requests if special circumstances justified it.
The lawyer must submit the completed form for each request.
WARNING: In light of the rules of civil procedure and the civil law applicable in certain cases, and in order to properly protect the public, the Barreau du Québec may require that a lawyer seeking a special authorization be assisted by counsel who is a member of the Barreau du Québec.
Article 64 of the Code of Civil Procedure requires all lawyers to elect domicile within a radius of 5 km from the court house where they practice so that service may be made upon them:
Article 64. Advocates must elect domicile within a radius of 5 km from the court house where they practice, and have such election registered at the office of the court, failing which they are deemed to have elected domicile at the office of the court, where all services upon them may be validly made.
For requests regarding immigration
The bâtonnier du Quebec may authorize a lawyer for up to 50 applications per year (including renewals) for immigration files. The board of directors retains the discretion to grant more requests if the lawyer demonstrates an appropriate connection of his case with Quebec and if special circumstances justified it.
For his first application, the lawyer must submit the long form for files in immigration law. For the following files, the short form must be used.
For all litigation files, the administrative fees are, for each calendar year, in the amount of:
Exceptionally, more than 10 requests ($1,060)
For files regarding immigration, the administrative fees are, for each calendar year, in the amount of:
Exceptionally, more than 51 requests ($2,115)
These fees are payable to the Barreau du Québec by cheque, postal money order or credit card (Visa or MasterCard).
There is no fee for renewal application.
For further information, please contact:
Secretariat of the Barreau du Québec
Email : email@example.com
Tel. : 514 954-3400, extension 6965 or 1 800 361-8495, extension 6965
© Barreau du Québec 2007-