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Legal Information/ Legal Briefs

Legal Briefs

Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.


 


Legal Briefs 2018

  Month
Number
Legal brief
June-July
 06
What is bullying?This hypelink opens a PDF file in a new window.
Bullying, also known as intimidation, is repeated behaviour that is intended to cause fear, intimidation, humiliation, distress or other forms of harm to another person’s body, feelings, self-esteem, reputation or property: Bullying can be direct or indirect and can take place by physical, verbal or more
May
 05
Voluntary Disclosure ProgramThis hypelink opens a PDF file in a new window.
Perhaps you didn't fulfil all your obligations under the tax laws. For example, perhaps you failed to declare some income over the past few years. The voluntary disclosure program may allow you to rectify your tax situation.1

If your application is accepted, you will have to pay the tax owed and, generally, a portion of the accrued interest. In the majority of cases, however, you will avoid many of the penalties that would otherwise apply and no penal or criminal proceedings will be instituted against you.


Both the Canada Revenue Agency and Revenu Québec offer this program. However, for your application to be admissible, it must satisfy the following conditions:
  • The disclosure must be voluntary and spontaneous: It must not occur following an audit or investigation or when you are aware that the tax authorities are examining your file;
  • It must be complete: You must provide all relevant information and documents;
  • The disclosure must involve information that is at least one year past due and whose omission will result in a penalty;
  • You must be willing to pay the amount due or to make a payment arrangement if the tax authorities allow you to do so.

You can find the formfor making an application as well as the information circular regarding the Canada Revenue Agency programat the following addresses:


https://www.canada.ca/content/dam/cra-arc/formspubs/pbg/rc199/rc199-18e.pdf
https://www.canada.ca/content/dam/cra-arc/formspubs/pub/ic00-1r6/ic00-1r6-e.pdf

The documents regarding the Revenu Québec programare available here:

https://www.revenuquebec.ca/documents/en/formulaires/lm/LM-15-V%282018-03%29.pdf
https://www.revenuquebec.ca/documents/en/publications/in/IN-309-V%282018-03%29.pdf

However, before taking this step, you should consult a lawyer. The lawyer will help you determine whether voluntary disclosure is appropriate in your case or if there is a better option.

Don’t hesitate to have your eligibility for legal aid evaluated by making an appointment at a legal aid office near you.

To find the contact information for your legal aid office, please visit our website at www.csj.qc.ca.

______________________________
There are certain exceptions and some situations do not qualify for the program.
Form RC199 – Voluntary Disclosures Program
Information circular IC00-1R6 – Voluntary Disclosures Program
Form LM-15 – Voluntary Disclosure
Voluntary Disclosure Rectifying Your Tax Situation - IN-309










Legal brief *
May  2018
Number  05
Text prepared by   Me Mylène Légaré
 
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.
April
 04
Voluntary depositThis hypelink opens a PDF file in a new window.
If you are having trouble paying your bills and your creditors are losing patience, voluntary deposit may be an interesting solution for you. It may allow you to avoid bankruptcy.

Voluntary deposit is dealt with in articles 664 and following of the Code of Civil Procedure of Québec.1&nbs
more
March
 03
Am I obliged to identify myself at the request of a police officer?This hypelink opens a PDF file in a new window.
As a general rule, despite the existence of a moral and social duty on the part of every citizen to answer questions from a police officer and assist the police,1a person does not have the obligation to disclose their identity to a police officer. However, it is important to realize that more
February
 02
Acknowledgements of debtThis hypelink opens a PDF file in a new window.
In January 2015, Alex lends Rose, his co-lessee, an amount of $3,000 to help her buy a used car. “I’ll pay you back very soon,” she promises. No document is signed. Time passes and Rose seems to have forgotten her debt. 

In June 2016, Rose, who no longer has a car, is about to move out i
more
January
 01
Can I object to a notice of assessment?This hypelink opens a PDF file in a new window.
You’ve just received a notice of assessment or determination from the government indicating that you owe a significant amount of money. You are completely flabbergasted, because there is no way you owe that much. In fact, you provided all the required documents. There must be a mistake! The followin more
 
© Commission des services juridiques Création: Diane Laurin - 2017