How to file a proceeding
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".
File a proceeding online
You can file your proceeding online
, except for matters regarding expropriation or the Review Board for mental disorder. 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.
Your 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, indicating your file number.
Pour les avocats
Si vous êtes avocat, vous avez deux options pour déposer un recours en ligne :
Vous pouvez déposer en quelques clics une requête introductive d'instance déjà préparée et enregistrée en format PDF.
Si vous n'avez pas déjà préparé une requête, vous pouvez utiliser la voie normale et remplir tous les champs et fournir les documents demandés.
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 your health status).
> 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 your case number given by the government department or body,or the municipality.
> 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:
- to one of the offices of the Tribunal; or
- to one of the offices of the Court of Quebec, Small Claims Division (usually located in courthouses.
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.
Your administrative file
When you send your application to the Tribunal, it automatically sends a copy to the department, agency or municipality whose decision you are contesting.
The department, agency or municipality must then send you and the Tribunal a copy of the file that it has relating to your proceeding.
This file is important for you. It will help you to prepare you for the hearing or for conciliation.
Access to your file at the Tribunal
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.
Time Limits
The letter notifying you of the decision of the department, agency or municipality should in principle specify the time limit you have to contest it. If this is not the case, promptly contact the department, agency or municipality in question to find the time limit applicable to your situation.
Generally, the time limits are 30 or 60 days.
If you submit your motion by mail, be aware that it is presumed to be filed at the Tribunal on the day indicated on the postal stamp.
How to calcultate the time limits
Time limits are calculated from the day following the date you receive the decision of the department, agency or municipality. The last day of the period is counted, unless it falls on a Saturday, Sunday or a holiday. If this is the case, the period is then extended until the next day that is neither a Saturday, Sunday, nor a holiday.
Let's say that you received a decision from a department on Friday, January 29, 2010, and that you have 30 days to contest it. You therefore have until Monday, March 1, 2010, to contest it because the 30th day (February 28th) falls on a Sunday.
Application filed late
In order for the administrative judge to hear your application, you have to convince the judge right at the beginning of the hearing, that you had serious reasons for filing your application late.
The administrative judge must also be convinced that no one will suffer serious consequences if your application is accepted even though it is late.
The right to a lawyer or other representative
You have the right to represent yourself at the hearing or conciliation, just as you can prepare your proceeding by yourself.
You also have the right to hire a lawyer to help you at your expense.
In principle, only a lawyer may represent you. Exceptionally, you can be represented by a person of your choice other than a lawyer when the law allows.
If you are outside of Quebec and your proceeding concerns an immigration matter, you may ask a parent or a non-profit organization dedicated to the interests or defense of immigrants, to represent you. See the section Getting Help for more information.
The hearing
Overview
You have the right to represent yourself at the hearing or conciliation, just as you can prepare your proceeding by yourself.
You also have the right to hire a lawyer to help you at your expense.
In principle, only a lawyer may represent you. Exceptionally, you can be represented by a person of your choice other than a lawyer when the law allows.
If you are outside of Quebec and your proceeding concerns an immigration matter, you may ask a parent or a non-profit organization dedicated to the interests or defense of immigrants, to represent you. See the section Getting Help for more information.