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 Regulation respecting compulsory contribution to the Professional Liability Insurance Fund of the 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|
|2.1||If he works exclusively for the Government of Quebec and is appointed in accordance with the Public Service Act, CQLR, c. F-3.1.1;|
|2.2||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;|
|2.3||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;|
|2.4||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;|
|2.5||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;|
|2.6||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 and mentioned in the schedules to that Act;|
|2.7||If he works exclusively for a municipality, a public body providing public transport within the meaning of section 3 of the Bus Transport Regulation, CQLR, T-12, r. 16, a regional county municipality, the Communauté métropolitaine de Québec, the Communauté métropolitaine de Montréal, the Kativik or Cree Regional Authorities, a school board, the Comité de gestion de la taxe scolaire de l’Île de Montréal, or at least one of the institutions concerned by section 125 of the Act Respecting Health Services and Social Services , CQLR, c. S-4.2, or a social service centre within the meaning of the Act Respecting Health Services and Social Services for Cree Native Persons , CQLR, c. S-5;|
|2.8||If he is on the roll, but under no circumstances performs any of the acts specified in section 128 of the Act Respecting the Barreau du Québec, CQLR, c. B-1;|
|2.9||If he practises his profession exclusively outside Quebec;|
|2.10||If he practises his profession mainly outside Quebec but on occasion performs in Quebec one of the acts referred to in section 128 of the Act respecting the Barreau du Québec, CQLR, c. B-1, provided that he maintains professional liability insurance providing a coverage the amount and extent of which are at least comparable to those provided by the Professional Liability Insurance Fund of the Barreau du Québec.|