Apply for an Exemption from Subscribing to the Fonds d'assurance
Every lawyer registered to the Roll of Advocates (Tableau de l’Ordre) must subscribe to the Fonds d’assurance du Barreau du Québec, as indicated in the Règlement sur l'assurance de la responsabilité professionnelle des membres du Barreau du Québec, CQLR, c. B-1, r. 20.
He may, however, apply for an exemption in certain circumstances. Applications for an exemption are processed by the Barreau du Québec.
This form must be completed, signed and sent to the Roll of Advocates (Tableau de l’Ordre) at the address mentioned at the lower section of the form.
The lawyer may apply for an exemption if he is in one of the situations described in Art. 2 of the Regulation:
|Article||Possible Exemption Situations|
|3.1||If he works exclusively for the Government of Quebec and is appointed in accordance with the Public Service Act (Chapter F-3.1.1) or acts exclusively as attorney for criminal and penal prosecutions appointed under the Act Respecting the Director of Criminal and Penal Prosecutions (Chapter D-9.1.1);|
|3.2||If he works exclusively for an agency to which the Government of Quebec or one of its ministers appoints the majority of the members, the personnel of which is, by law, appointed in accordance with the Public Service Act, or whose capital forms part of the state domain, or for an agency which is a mandatary of the Government designated as such by law;|
|3.3||If he works exclusively for the National Assembly, for an agency of which the members are appointed by the National Assembly, or for a person designated by the National Assembly to perform duties under its jurisdiction, or is himself such a person;|
|3.4||If he works exclusively for the office of the Lieutenant-Governor referred to in section 2.1 of the Executive Power Act, CQLR, c. E-18, for the office of a minister referred to in section 11.5 of that same Act, or for the office of a person referred to in section 124.1 of the Act respecting the National Assembly, CQLR, c. A-23.1;|
|3.5||If he works exclusively for the “Public Service” of Canada as defined in section 2 of the Public Service Labour Relations Act S.C., 2003, c. 22, s. 2, for the “Canadian Forces” within the meaning of section 14 of the National Defence Act, R.S.C., 1985, c. N-5, or for a “Crown corporation” within the meaning of section 83 of the Financial Administration Act , R.S.C., 1985, c. F-11|
|3.6||If he works exclusively for the Commission des services juridiques or for a legal aid corporation established under the the Act Representing Legal Aid and the Provision of Certain Other Legal Services , CQLR, c. A-14 who stands surety, takes up the cause and is financially responsible for any fault committed by the lawyer in the performance of his duties;|
|3.7||If he works exclusively for a municipality, a supramunicipal body in accordance with articles 18 and 19 of the Act Respecting the Pension Plan of Elected Municipal Officers (Chapter R-9.3), of a public transport company constituted under the Act Respecting Public Transit Authorities (chapter S-30.01), of a school board or the School Tax Management Committee of the Island of Montreal, which stands surety, takes up the cause and responds financially for any error committed by the lawyer in the performance of his duties;|
|3.8||If he works exclusively for an unmerged establishment, an integrated health and social services center, an integrated university health and social services center under the Act to Modify the Organization and Governance of the Health and Social Services Network, in Particular by Abolishing the Regional Agencies (chapter O-7.2), of an establishment or of a regional board referred to in Part IV.1 of the Act Respecting Health Services and Social Services (chapter S-4.2), of a public establishment covered by part IV.2 or IV.3 of this law or of a public institution in accordance with the Act Respecting Health Services and Social Services for Cree Native Persons (chapter S-5);|
|3.9||If he doesn't do, under no circumstances, any of the acts mentioned in section 128 of the Act Respecting the Barreau du Québec (chapter B-1);|
|3.10||If he practises his profession mainly outside Quebec|
|3.11||If he practices his profession mainly outside Quebec but occasionally poses in Quebec one of the acts mentioned in section 128 of the Act Respecting the Barreau du Québec, and is covered by a professional liability insurance contract, with a guarantee, at least equivalent to that provided by the Fonds d’assurance of the Barreau du Québec, against the liability that he may incur due to an error committed in the performance of his duties in Quebec.|