Temporary restrictive permit under section 41 of the Professional Code
Temporary restrictive permits under section 41 of the Professional Code are granted to applicants for a permit issued by the Barreau du Québec who do not have adequate knowledge of French under the Charter of the French Language.
Holders of a temporary restrictive permit become members of the Barreau du Québec and have the same duties and obligations as other members of the Barreau du Québec: they must comply with the Code of Professional Conduct of Lawyers and hold professional liability insurance with coverage limited to the activities authorized under the temporary restrictive permit.
This type of permit is valid for one year and can be renewed up to three times. Holders of a temporary restrictive permit must show annually that they have attempted to pass the exams of the Office québécois de la langue française (OQLF).
Areas of law in which you can practice with this type of permit
Temporary restrictive permits are limited to specific areas of law. For example, applicants seeking admission to the profession may obtain the right to practice criminal law, civil law, commercial law or any other area of law, but not all areas of law at once.
When a temporary restrictive permit is issued, applicants seeking admission to the profession must already have the legal background required to practice in the relevant area of law.
Conditions to obtain a temporary restrictive permit
You must provide the following original documents:
- the duly completed application for admission to the Barreau du Québec, which will be reviewed by the Committee for Access to the Profession before the application for a temporary restrictive permit is referred to the Board of Directors for a decision;
- the duly completed application for a permit issued by the Barreau du Québec;
- all documents that must be submitted with the application for admission (listed in schedules 1 and 2 to the application for admission), including proof of identity and Canadian police clearance;
- your law degree(s);
- a certificate issued by a competent officer of the Bar of which you are a member, attesting that you are legally authorized to practice law and that you have not been disbarred or that your right to practice law outside Quebec has not been limited or suspended;
- the decision of the Equivalences Committee, if applicable;
- a CV setting out your professional background and letters of recommendation, if available; and
- any other document, if required.
How to obtain a permit
Applications for a temporary restrictive permit are reviewed by the Secretary of the Order, who ensures that the conditions for the issue of a permit are met. If the conditions are met, the application for admission to the Barreau du Québec is referred to the Committee for Access to the Profession, which, pursuant to section 45 of the Act respecting the Barreau du Québec, must examine whether the applicant has the moral character, conduct, skills, knowledge and qualifications required to practice the profession.
Upon receipt of the decision of the Committee for Access to the Profession declaring the applicant eligible to practice the profession, the application for a temporary restrictive permit is submitted to the Board of Directors, which decides whether or not to issue a permit.
It takes at least three months to process an application for a temporary restrictive permit. If the application is incomplete, it may take longer. Moreover, the Committee for Access to the Profession may consider it necessary to meet with the applicant.
Once the Board of Directors decides to issue a temporary restrictive permit, you must follow the steps outlined below to be entered on the Roll of the Order and to be able to practice within the limits of your temporary restrictive permit:
Annual membership dues
You must pay the full amount of the annual membership dues for the current year to be entered on the Roll of the Order.
Professional liability insurance
You must take out professional liability insurance for members of the Barreau du Québec.
You will be covered for $10 million.
Before being entered on the Roll of the Order, you must take an oath or pledge allegiance.
The permit application fee is $237, payable online by credit card (Visa or MasterCard).
Once you are entered on the Roll of the Order, you must pay the annual membership dues.
As a holder of a restrictive permit, you must complete the annual registration and renew your permit with the Barreau du Québec every year.
Commissioner for Admission to Professions
If you are dissatisfied with the way in which the Barreau du Québec handles or has handled your application, you may file a complaint with the Commissioner for Admission to Professions. You may also file a complaint if you are dissatisfied with other stages of the admission process.