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How to file a proceeding

Motion

If a decision referring to you was rendered by a municipality, or a government department or body and you think that it should be different, you can challenge this decision by filing a motion before the Tribunal. It is called "filing a proceeding".

For all proceedings before the Social affairs section, you can file the  proceeding online. The form is easy to use. It gives you useful tips and informs you on what information to give the Tribunal.

Your lawyer or representative can file a proceeding on your behalf.

You proceeding will be automatically forwarded to the Tribunal once you submit it. You will receive a confirmation by e-mail. You will also receive an acknowledgement of receipt by mail, mentioning your file number.

For lawyers

If you are a lawyer, you have two options to file an online proceeding before the Social affairs section:

  • The " fast "  track : you can file a pre-prepared motion instituting proceedings in PDF format in just a few clicks.
  • The " normal "  track : if you have yet to draft your motion, you can use the normal track, fill in the fields and submit the required documents.

For all types of proceedings, (Social affairs section, Real estate section, Economic affairs section, or Territory and Environment section) (Lien vers nouvelle liste de recours) you can use the Tribunal's paper form, called a "Motion instituting proceedings". This form has useful tips and  informs you on what information to give to the Tribunal. It can be completed on your screen and then printed.

 

If you wish to receive the form by mail, contact the Tribunal.

 

You may also write a letter addressed to the Tribunal.

What your motion must contain :

  • You must mention your name and your contact information (adress, telephone,e-mail,etc.), as well as the information regarding your lawyer or exceptionally, of an another representative, when allowed.
  • You must specify in your motion why you are challenging the decision of the government department or body,or municipality, and what you want the Tribunal to do for you (for example, cancel or modify the decision).
  • You must attach to your motion a copy of the challenged decision and any other document relating to your proceeding (for example, a recent medical report on the state of your health).
  • If you do not have these documents in your possession, you must mention the date of the decision that you are challenging, as well as the number of your case that the government department or body,or municipality possesses.
  • Keep a copy of each document, as well as a copy of your motion.
  • If you have fees to pay for your proceeding, you must attach the amount required (by cheque or money-order) or provide the information necessary for payment by credit card. For more information on the fees and methods of payment, see Fees to pay.

 

Your motion may be prepared and sent to the Tribunal by your lawyer or, exceptionally, by another representative when it is allowed. 

 

If your proceeding concerns municipal taxation, your motion must concern the same elements argued in your request for revision before the municipality. You must also prepare a separate motion for each evaluation unit or each place of business.

When your motion is ready, you must send it to the Tribunal. You can either bring it in person, or send it by fax or by mail:

Even if you have already sent your proceeding to the Tribunal, it is possible to ask to modify it or add information to it. However, for proceedings dealt with by the Real Estate section, the Territory and Environment section, and the Economic affairs section, any modification or additional information will have to be authorized by the Tribunal at a hearing scheduled for this purpose.

 

You can use the form provided by the Tribunal or write a signed letter specifying what you want to change or add to your motion.

 

You must then send the form or letter to the Tribunal and to the government department or body whose decision you are challenging.

When the Tribunal receives your proceeding, it opens your file. This file bears an identification number.


Then, the Tribunal sends you a letter confirming that it has received your proceeding. This letter is called an "Acknowledgement of receipt" and indicates the identification number of your file. Make sure you have this number in your possession when you contact the Tribunal.
 

You can communicate with the Tribunal if you need  information contained in your file. You may also go to the Tribunal to consult your file in person, but you must first contact the Tribunal.

You should always inform the Tribunal of any change in your coordinates (telephone, address, etc.) and those of your lawyer or other representative. In this way, the Tribunal can always contact you and send the documents you need.

 

Please note that you can inform the Tribunal of a change of address by e-mail at the following address: tribunal.administratif@taq.gouv.qc.ca



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