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Special Permit - Legal Advisor

 
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See also

Canadian legal advisor - Member of the bar of another Canadian province or territory

Corporate legal advisor - Member of a State bar located outside Canada

Foreign legal consultant - A member of a State bar located outside Canada, having practised law for a period of at least 3 years.

The Regulation respecting the issuance of special permits of the Barreau du Québec is in force since June 26, 2008.

Pursuant this new regulation, there are three special permits:

  • A special Canadian legal advisor permit;
  • A special corporate legal advisor permit;
  • A special foreign legal consultant permit.

The holder of a special permit becomes a member of the Barreau du Québec. As such, he needs to respect the same duties and obligations of any member of the Barreau du Québec, namely the Code of ethics of advocates and shall hold coverage of $1,000,000 for professional liability.

In which activities an holder of a special permit may engage?

The Regulation respecting the issuance of special permits of the Barreau du Québec specifies in which activities an holder of a special permit may engage:

Special permit
Activities allowed
Canadian legal advisor
  1. Give legal advice and consultations on legal matters involving the law of the Canadian province or territory where he is legally authorized to practice 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;
  4. Plead or act before any tribunal, but only with respect to matters under federal jurisdiction.
  5. All acts mentioned in articles 7 to 9 of the Regulation.
Corporate legal advisor
  1. All acts mentioned in paragraph 1 of section 128 of the Act respecting the Barreau du Québec.
  2. All acts mentioned in articles 10 to 12 of the Regulation.
Foreign legal consultant
  1. Give legal advice and consultations on legal matters involving the law of the State where he is legally authorized to practice law.
  2. Give legal advice and consultations on legal matters involving public international law.
  3. All acts mentioned in articles 13 to 15 of the Regulation.

Who can obtain a special permit?

Special permit
Applicant
Canadian legal advisor A member of the bar of another Canadian province or territory
Corporate legal advisor A member of a State bar located outside Canada
Foreign legal consultant A member of a State bar located outside Canada, having practised law for a period of at least 3 years.

WARNING

The applicant must remain member of his home jurisdiction even after the special permit is issued by the Barreau du Québec.

Conditions for the issuance of a special permit

A Canadian or foreign lawyer must provide the following documents:

 

The process

The application for a special permit will be reviewed by the Secretary of the Barreau du Québec in order to ensure that the conditions for the issuance of the special permit have been met. In the affirmative, the application for admission to the Barreau du Québec will be submitted to the Examining Committee. Under section 45 of an Act respecting the Barreau du Québec, the Examining Committee shall inquire as whether you have 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 application for the issuance of a special permit is submitted to the board of directors.

The processing period for an application for a special permit is at least two months. If the application is incomplete, the processing could take longer. Moreover, the Examining Committee may order to meet with the candidate.

Upon the receipt of the favorable decision of the board of directors, the applicant must fulfill the following steps in order to be inscribed on the Roll and be allowed to start practicing:

Step 1 Payment of annual fees
  • You must pay your annual fees for the current year.
Step 2 Professional liability insurance
  • You must subscribe to the professional liability insurance. The coverage is 1 million.
Step 3 Sworn in ceremony
  • In order to be inscribed on the Roll, you must be sworn in by stating the oath of allegiance and office.

Administrative fees

The application for the issuance of the permit is $220.

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

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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