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.

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Legal Briefs 2024

  Month

Number

Legal brief

October

 09

HAS or SARPA, which applies to me?

HOMOLOGATION ASSISTANCE SERVICE - (H A S)

The Homologation Assistance Service is intented for parties residing in Quebec who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or support involving a child or spouse (or former spouse), where t more

September

 08

Do you have to share your tips ?

Jackie is a waitress in a restaurant. Her employer asks her to share her tipswith her fellow waitresses and with the cooks. Is this legal?

In Québec, a tip is an extra amount you give an employee whose servicesyou use. The standard amount in Québec is usually 15%, but no one isobliged to tip.

Jackie can decide to share her tips if she agrees to do so freely andvoluntarily.¹ In an establishment, each employee must consent individually in order for this to be legal. If not, there can be no sharing of tips, as thisobligation cannot be imposed by a policy of the establishment. Jackie musthave total freedom to decide. She could even decide to share her tips withworkers who do not receive tips, such as the cooks.

There is a minimum wage for employees who receive tips, but it is lower than for other employees. This hourly wage has been $12.60 since May 1, 2024, while the regular minimum wage is $15.75.

If you decide to share your tips, it’s advisable to draw up a tip-sharingagreement, ideally in writing, which should include the percentage to be shared. The percentage may differ for each job category. The agreementshould designate the person responsible for distributing the tips, the frequency of payments and the total duration of the agreement.

If you have any questions regarding tip sharing, don’t hesitate to contact alawyer at the legal aid office nearest you.

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Don’t hesitate to have your eligibility for legal aid evaluated by making an appointment at a legal aid office near you. You can also check your eligibility online here.

To find the contact information for your legal aid office, please click on the following link www.csj.qc.ca.


¹ Section 50 paragraph 3 of the Act respecting labour standards.

Legal brief *
September  2024
Number  08
Text prepared by   Me Jean Théberge
Update by   CSJ
* 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.

August

 07

Neighbourhood disturbances between tenants

You’ve been renting a new apartment for a few months and the neighbours are too noisy.
According to article 1854 of the Civil Code of Québec (hereinafter the “C.C.Q.”), landlords,also referred to as lessors, have the obligation to provide their tenants with peaceableenjoyment of their dwel more

July

 06

What's my risk? Youth criminal justice system (young offenders)

Legal aid lawyers regularly represent young persons facing criminal charges in youth court. The following is one of the questions they are asked most frequently during the initial meeting: What sentence am I likely to receive? more

June

 05

Are childcare expenses taken into consideration in determining financial eligibility for legal aid?

Isabelle, who is the mother of one child, is about to separate. She works in housekeepingin a hospital at an annual salary of $39,000. She does not own any real estate and has$6,000 in savings in a bank account. However, she has to pay $1,750 in annual childcareexpenses for her six-year-old son. Isa more

May

 04

Social Assistance - Understanding the New Basic Income Program

Social assistance, social solidarity, basic income – it’s easy to get lost in the many government programs available to people experiencing difficulties.

The Quebec government has established two programs for the province’s residents who are in a precarious situation: (1) The Social Assistanc more

April

 03

De Facto Spouses* and financial eligibility for legal aid

Lea and William are the parents of a 15-year-old girl named Rose. Rose chose to live with her father when her parents split up two years ago. She now wants to move in with her mother and Annabelle, her mother’s partner, but her father disagrees. Rose’s mother thus quickly makes an appointment with a more

March

 02

Conciliation Before the Administrative Tribunal of Québec: What Can I Expect?

Conciliation before the Administrative Tribunal of Québec (hereinafter the “ATQ”) is a type of process referred to as alternative dispute resolution.

But what does that actually mean? more

January

 01

Can a police complaint be withdrawn?

Perhaps you filed a police complaint against someone a few days ago and now wish to withdraw it. You should know that it may not be possible to do so.

First, it’s important to understand that when police receive a complaint, theygenerally conduct an investigation to gather as much evidence as more