representing yourself before the tribunal administratif du québec (taq)

112 Pages·2017·5.29 MB·English

WARNING
This document provides general information and does not
constitute a legal opinion. Its contents should not be used
to attempt to respond to a particular situation.
In this document, the masculine includes both men and women,
depending on the context.
Legal deposit – Bibliothèque nationale du Québec, 2013
Legal deposit – National Library of Canada, 2013
1st quarter 2013
Last updated: September 2014
ISBN 978-2-923946-04-7 (PRINTED)
ISBN 978-2-923946-05-4 (PDF)
© Fondation du Barreau du Québec, 2013
All rights reserved
Fondation du Barreau du Québec
445 St-Laurent Blvd.
Montreal, Quebec H2Y 3T8
Telephone: [phone] • Fax: [phone]
E-mail: [email protected]
Web site: www.fondationdubarreau.qc.ca
Project Director: Mtre. Claire Morency
Authors: Mtre. Véronique Baril
Mtre. Nataly Gauvin
Mtre. Janick Perreault, Ad. E.
Mtre. Marie-Claude St-Amant
Mtre. Philippe-André Tessier
The Fondation du Barreau would like to thank all those who generously
contributed their insightful comments.
Graphic and visual design: Septembre éditeur
With the financial support of :
Pantone 876 copper
(C-30, M-50, Y85, B-0)
Solid Black
3
FOREWORD
More and more people are choosing to represent themselves before tribunals, without
a lawyer. The Fondation du Barreau du Québec makes general information available to
these individuals to help them better understand the main steps of the process before
a tribunal and what steps they should take.
The fourth guide in this series is intended more specifically for people wishing to go
through such a process before an administrative tribunal. It is meant to d emystify
what happens in an administrative proceeding and assist individuals who choose to
represent themselves, from the filing of an application before an administrative
tribunal until a decision is rendered.
Although it should not be used as an exhaustive source of information, we hope this
guide will help you understand what is involved in an administrative proceeding.
In the same series:
REPRESENTING YOURSELF IN COURT for Civil Matters, published in the
2nd quarter of 2009.
REPRESENTING YOURSELF IN COURT for Family Matters, published in the
3rd quarter of 2010.
REPRESENTING YOURSELF IN COURT for Criminal and Penal Matters, published
in the 3rd quarter of 2012.
The words and expressions in bold type and in
colour in the text (the colour varies depending on
the chapter) refer to definitions you will find in the
glossary at the back of this guide.
The addresses of the Websites given in this guide
could change.
REPRESENTING YOURSELF BEFORE
AND ADMINISTRATIVE TRIBUNAL
TABLE OF CONTENTS
4 INTRODUCTION 7 2
CHAPTER

CHAPTER 1 REPRESENTING YOURSELF BEFORE 21
THE TRIBUNAL ADMINISTRATIF
REPRESENTING YOURSELF BEFORE 9 DU QUÉBEC (TAQ)
AN ADMINISTRATIVE TRIBUNAL:
WHAT YOU SHOULD KNOW STEP 1
THE TAQ’S JURISDICTION 22
STEP 1 1.1 The social affairs division 23
DECIDING WHETHER OR NOT TO BE 10 1.2 The immovable property division 23
REPRESENTED BY A LAWYER 1.3 The territory and environment division 24
1.1 Your right to be represented by a 10 1.4 The economic affairs division 24
lawyer
STEP 2
1.2 Your right to represent yourself before 11 FILING A PROCEEDING BEFORE THE TAQ 25
an administrative tribunal 2.1 Drafting an introductory motion 25
1.3 Should you hire a lawyer or not? 11 2.2 Where to send your motion 26
What questions you should ask yourself 2.3 The deadline for filing a motion 26
2.4 The fees for filing a motion 27
STEP 2 STEP 3
THE ROLE OF EVERYONE INVOLVED 14 THE STAGES OF A PROCEEDING BEFORE 28
2.1 The lawyer 14 THE TAQ
2.1.1 Your lawyer 15 3.1 Receipt of your motion by the Tribunal 28
2.1.2 The lawyer for the other party 15 3.2 The stages after the motion is filed 29
2.2 The administrative judge 15 3.2.1 Discontinuing your proceeding 29
2.2.1 The Tribunal administratif 16 3.2.2 The management conference 29
du Québec (TAQ) judge 3.2.3 The pre-hearing conference 30
2.2.2 The Commission des lésions 16 3.2.4 Conciliation 30
professionnelles (CLP) judge 3.2.5 Settling out of court 32
2.2.3 The Régie du logement (Régie) 16
STEP 4
judge
PREPARING FOR A HEARING BEFORE 33
2.2.4 The Commission des relations du 17 THE TAQ
travail (CRT) judge 4.1 Reviewing your file 33
2.3 The conciliator 17 4.2 Identifying and preparing your 34
2.4 The administrative tribunal staff 17 witnesses
2.5 Rules of conduct before administrative 18 4.3 The applicable law 35
tribunals
STEP 5
THE HEARING BEFORE THE TAQ 37
5.1 The notice of hearing 37
5.2 The day of the hearing 37
5.2.1 Preliminary applications 38
5.2.2 Presentation of the evidence 38
5.2.3 The arguments (plea) 39
STEP 6 4
CHAPTER
WHAT HAPPENS AFTER THE TAQ MAKES 41

ITS DECISION
REPRESENTING YOURSELF BEFORE 65
6.1 Executing the decision 41
THE RÉGIE DU LOGEMENT (RÉGIE)
6.2 Contesting the decision 41
6.2.1 Special recourses before the 41
STEP 1
TAQ 42
THE RÉGIE’S JURISDICTION 66
6.2.2 Appealing a decision before
the Court of Québec 42 STEP 2
6.2.3 Administrative review of a FILING A PROCEEDING BEFORE THE RÉGIE 68
decision before the Superior 2.1 Drafting an application 68
Court 2.2 Where the application should be filed 69
2.3 The deadline for filing an application 69
2.4 The fees payable when filing an 69
application 5
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CHAPTER STEP 3
THE STAGES OF A PROCEEDING BEFORE 70
REPRESENTING YOURSELF BEFORE 45 THE RÉGIE
THE COMMISSION DES LÉSIONS 3.1 Receipt of the application by the Régie 70
PROFESSIONNELLES (CLP) 3.2 Serving the application 70
3.3 The various stages after an application 71
STEP 1 is filed
THE CLP’S JURISDICTION 46 3.3.1 Discontinuance 71
3.3.2 Amendment 71
STEP 2
FILING A PROCEEDING BEFORE THE CLP 48 3.3.3 Conciliation 71
2.1 Drafting the motion 48 3.3.4 Agreement 73
2.2 Where to file your motion 49 STEP 4
2.3 The deadline for filing the motion 49 PREPARING FOR A HEARING BEFORE 74
THE RÉGIE
STEP 3
4.1 Reviewing your file 74
THE STAGES OF A PROCEEDING BEFORE 50
4.2 Identifying and preparing your 75
THE CLP
witnesses
3.1 Receipt of your motion by the CLP 50
3.2 The stages after the motion is filed 50 4.3 The applicable law 76
3.2.1 Discontinuance 51 STEP 5
3.2.2 The pre-hearing conference 51 THE HEARING BEFORE THE RÉGIE 78
3.2.3 Conciliation 51 5.1 The notice of hearing 78
3.2.4 Settling out of court 53 5.2 The day of the hearing 79
5.2.1 Preliminary applications 79
STEP 4
5.2.2 Presentation of the evidence 79
PREPARING FOR A HEARING BEFORE 54
THE CLP 5.2.3 The arguments (plea) 80
4.1 Reviewing your file 54 STEP 6
4.2 Identifying and preparing your 55 WHAT HAPPENS AFTER THE RÉGIE MAKES 82
witnesses ITS DECISION
4.3 The applicable law 56 6.1 Executing the decision 82
6.2 Contesting the decision 82
STEP 5
6.2.1 Special recourses before the 83
THE HEARING BEFORE THE CLP 58
Régie
5.1 The notice of hearing 58
6.2.2 Appeal of the decision before 84
5.2 The day of the hearing 58
the Court of Québec
5.2.1 Preliminary applications 59
6.2.3 Administrative review of a 84
5.2.2 Presentation of the evidence 59
decision before the Superior
5.2.3 The arguments (plea) 60
Court
STEP 6
WHAT HAPPENS AFTER THE CLP MAKES 62
ITS DECISION
6.1 Executing the decision 62
6.2 Contesting the decision 62
6.2.1 Special recourses before the CLP 62
6.2.2 Administrative review of a 63
decision before the Superior
Court
TABLE OF CONTENTS
5 STEP 6
CHAPTER
WHAT HAPPENS AFTER THE CRT MAKES ITS 105
REPRESENTING YOURSELF BEFORE 87 DECISION
THE COMMISSION DES RELATIONS DU 6.1 Executing the decision 105
TRAVAIL (CRT) 6.2 Contesting the decision 105
6.2.1 Special recourses before the CRT 105
6.2.2 Administrative review of a 106
STEP 1
decision before the Superior
THE CRT’S JURISDICTION 88
Court
STEP 2
FILING A PROCEEDING BEFORE THE CRT 90
2.1 Filing out the complaint form 90
2.2 Where to file your complaint 91
2.3 The deadline for filing the complaint 91
AVAILABLE RESOURCES 107
STEP 3 Web sites 107
THE STAGES OF A PROCEEDING BEFORE 93 Legal informations offices 108
THE CRT
3.1 Receipt of the complaint by the CRT 93 GLOSSARY 109
3.2 The stages after the complaint is filed 94
3.2.1 Postponement 94
3.2.2 Discontinuance 94
3.2.3 The pre-hearing conference 94
3.2.4 Conciliation 94
3.2.5 Settling out of court 96
STEP 4
PREPARING FOR A HEARING BEFORE 97
THE CRT
4.1 Reviewing your file 97
4.2 Identifying and preparing your 98
witnesses
4.3 The applicable law 99
STEP 5
THE HEARING BEFORE THE CRT 101
5.1 The notice of hearing 101
5.2 The day of the hearing 102
5.2.1 Preliminary applications 102
5.2.2 Presentation of the evidence 102
5.2.3 The arguments (plea) 103
INTRODUCTION
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Quebec’s legal system is made up of several courts and tribunals—so many it can be difficult to
tell the difference between them and to know which one to turn to in the case of a dispute.
The role of any court or tribunal is to hear the parties to a dispute and to render decisions
affecting their rights. Some cases are heard by courts of justice, such as the Court of Québec and
the Superior Court, whereas others are heard by administrative tribunals.
Administrative tribunals are autonomous and independent organizations to which the State has
given the power to rule on certain disputes involving specific matters. Since there are too many
administrative tribunals to list them all, in this guide we will discuss the four which are the most
often used and before which many people choose to represent themselves at hearings:
• The Tribunal administratif du Québec (TAQ);
• The Commission des lésions professionnelles (CLP);
• The Régie du logement (Régie); and
• The Commission des relations du travail (CRT).
The first chapter covers common notions which apply to the four tribunals mentioned above
whereas the following chapters discuss the characteristics specific to each of them.
The second chapter covers the Tribunal administratif du Québec (TAQ), which should not be
confused with the generic term “administrative tribunal”, which applies to all four tribunals we
will discuss. The third chapter examines the ommission des lésions professionnelles (CLP), the
fourth chapter discusses the Régie du logement (Régie) and the fifth chapter looks at the
Commission des relations du travail (CRT). Each of these chapters gives readers details about
how these four administrative tribunals work.
We hope that the information provided in this guide will help readers better assess whether or
not they should represent themselves before a tribunal and understand the impact of such a
choice. The outcome of certain disputes can have very significant consequences. An example is a
dispute with the Société de l’assurance automobile du Québec involving the refusal to recognize a
person’s inability to work. If the TAQ confirms the SAAQ’s decision, the person will have to live
with his disability without receiving any compensation. The consequences can be just as serious
for a worker who is injured while at work. If the CLP does not recognize that the person was
the victim of an employment-related accident, he will not be entitled to the various benefits
prescribed by law. The obligation to move after the Régie cancels a lease is another example.
And lastly, a worker who loses her job because she becomes pregnant can be reinstated and
receive her lost wages if the CRT allows her complaint.
STEP 1
DECIDING WHETHER OR NOT TO BE REPRESENTED
BY A LAWYER
STEP 2
THE ROLE OF EVERYONE INVOLVED
REPRESENTING
C
YOURSELF BEFORE
H
A
AN ADMINISTRATIVE
P
TRIBUNAL: WHAT YOU T
E
SHOULD KNOW
R
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