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Special Authorization to Practice Law in Québec

 
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Permit for a Canadian or foreign lawyer, for a specific case.

Under section 42.4 of the Professional Code, the bâtonnier of Québec (President of the Québec Bar) 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.

Who can obtain a special authorization?

Every Canadian or foreign lawyer who satisfies the conditions set out below.

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.

Conditions for the issuance of a special authorization

A Canadian or foreign lawyer must provide the original following documents:

The process

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 ten 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 requests regarding immigration, the lawyer, to be authorized to act, has to choose in the following manner:

  • 1 to 10 requests ($205)
  • 11 to 50 requests ($1,020)
  • 51 requests and more ($2,035)

For his first application in immigration law, the lawyer must submit the long form for files in immigration law. For the following files, the short form must be used.

WARNING: 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 practise, 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.

Administrative fees

For all files except those in immigration law, the administrative fees for the first application are in the amount of $200.

For files regarding immigration, the administrative fees are:

  • 1 to 10 requests ($205)
  • 11 to 50 requests ($1,020)
  • 51 requests and more ($2,035)

These fees are payable to the Barreau du Québec by cheque or postal money order.

For the current year, there will be no fee for other applications.

There is no fee for renewal application.

ADDITIONAL INFORMATION

For further 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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