$433 Million in Trust: Quebec Forces Professional Orders to Fund Legal Aid

For years, tens of millions of dollars generated by client funds sat in accounts controlled by the Chambre des notaires and the Barreau du Québec — without a significant portion being redirected to legal aid — the program that allows the most vulnerable citizens to access free or low-cost legal services. On April 1, 2026, the Legault government passed a law to correct this situation.

A Massive Windfall, Finally Regulated

When you hand money to a notary or lawyer for a real estate transaction, a dispute or any other matter, those funds are deposited into a separate account called a "trust account." The money belongs to you — but while it sits there, sometimes for weeks or months, it generates bank interest. That interest does not come back to you: it is paid into funds managed by the Chambre des notaires et le Barreau du Québec.

With high interest rates in recent years, these funds have grown considerably. As of December 2025, the Chambre des notaires' Notarial Studies Fund held $311 million in its coffers, and the Barreau du Québec's Legal Studies Fund held $122 million. Both orders had until now enjoyed wide latitude over how to use these revenues — a situation that the Quebec Bar's own bâtonnier describes as an "anomaly" compared to what has long been in place in other Canadian provinces.

What the New Law Concretely Changes

The law passed on April 1, 2026 now imposes a precise sharing formula for future interest revenues. On the notaries' side: 50% of the first $75 million in interest revenues, then 75% of revenues exceeding that threshold, will be paid into the Fonds Accès Justice (FAJ), contributing to legal aid funding.

On the lawyers' side: 50% of revenues generated by funds held in trust accounts may be allocated to legal aid. To give a concrete sense: in 2024-2025, trust accounts held by Quebec lawyers generated $36 million in interest. A 50% share represents $18 million — annually, recurring.

Past Uses That Raised Questions

Why wait until 2026 to correct what other provinces understood long ago? The answer lies partly in how the Chambre des notaires used its fund over the years. Beyond payments to justice-related organizations, the Notarial Studies Fund contributed to the purchase of part of a building in downtown Montreal. And on two occasions — $15 million each time — it was used to cover the Chambre des notaires' own operating deficit.

The Quebec government expressed concerns as early as 2023, and in 2025 demanded the appointment of an overseer for the Chambre des notaires. The April 1, 2026 law formally ends a freedom of management that had gone on for too long.

A Positive Reception, but a Demand in Return

Despite the tighter constraints, both orders welcome the measure. The Chambre des notaires considers that greater support for legal aid is a long-overdue response to a well-documented reality: too many citizens remain excluded from essential legal services due to their financial situation. The Barreau du Québec, which has for years called for a stronger legal aid system, hopes the new funding will enable concrete action, particularly for people with mental health issues, in youth law and for Indigenous communities.

Both orders are, however, asking for a seat at the table in return. Bâtonnier Nadeau wants the Bar to be able to appoint members to the Commission des services juridiques, the body that oversees legal aid:

The Bar also notes that its Legal Studies Fund helped launch Éducaloi, the community legal service Juripop and the Clinique juridique itinérante — three initiatives that have helped thousands of citizens better understand their rights. The request for governance participation is therefore not without legitimacy.

The real question that remains unanswered: why did it take until 2026 to correct what other provinces understood long ago? And above all — the $433 million already accumulated will remain in the hands of the orders. The law governs the future. It does not correct the past.