Applications
16. (1) Every application for legal aid shall be made in the prescribed form addressed to the area director of the area in which the applicant resides at the time the application is made or in which the occurrence for which legal aid is required took place. Reference to assessment officer (2) Except where the legal aid for which an application is made is estimated by the area director to whom the application is made to cost not more than $60 and he or she after investigation is satisfied that the applicant can pay no part thereof, every application for legal aid shall be referred by the area director to an assessment officer for a report as to whether the applicant can pay no part, some part, or the whole of the cost of the legal aid applied for. Function of assessment officer (3) The assessment officer to whom an application is referred shall consider the income, disposable capital, indebtedness, requirements of persons dependent on the applicant, and such other circumstances as he or she considers to be relevant that are disclosed in the application or that he or she ascertains after investigation, and shall report to the area director as to whether the applicant can pay no part, some part or the whole of the cost of the legal aid applied for and the sum, if any, the applicant is able to contribute towards the cost thereof. Oaths (4) Every assessment officer is in the performance of his or her duties under this Act a commissioner for taking affidavits within the meaning of the Commissioners for taking Affidavits Act. When certificate may issue (5) Subject to subsections (2) and (6) and whether or not a provisional certificate has been issued, the area director may issue a certificate only when he or she has received the report of the assessment officer and only where in the opinion of the area director the issue of a certificate is justified. Provisional certificate in exceptional cases (6) Where in the opinion of the area director the circumstances of an application require the issue of a certificate immediately, he or she may issue a provisional certificate without having first received the report of the assessment officer. Terms and conditions (7) An area director in issuing a certificate or provisional certificate may impose such terms and conditions as he or she deems proper. Cancellation (8) An area director may at any time cancel any certificate or provisional certificate he or she has issued. Applications of non-residents (9) An application for legal aid by a person not ordinarily resident in Ontario shall be disposed of by the Director. Appeals (10) An appeal lies to the area committee from the refusal of the area director to issue a certificate or from a cancellation of a certificate and a further appeal lies to the Director at the instance of the area director from the decision of the area committee allowing an appeal under this subsection. Certificate upon request of court (11) The Director may issue a certificate to an appellant or respondent in a criminal appeal where the Supreme Court of Canada or the Court of Appeal for Ontario is of the opinion that it is desirable in the interests of justice that the appellant or respondent should be represented and has requested that counsel be appointed and the Director is satisfied that the appellant or respondent has not sufficient means to employ counsel. R.S.O. 1990, c. L.9, s. 16.