jswizzle3737/ontario_laws_and_regs huggingface dataset:
47 (1) Where an applicant recovers any sum in respect of the matter for which he or she received legal aid services under a judgment, order, settlement or otherwise, the amount of the costs of the legal aid services provided to the applicant is a charge against the sum so recovered and shall be deducted from the sum recovered and paid to the Corporation. Charge on property recovered (2) Where an applicant who has been given legal aid services in any matter recovers property other than money, the Corporation has a charge against the property so recovered for the amount of the costs of the legal aid services provided to the applicant and may enforce such charge. Registration against personal property (3) If the recovered property is personal property, the charge shall be in the form of a financing statement as prescribed by regulation under the Personal Property Security Act
and may be tendered for registration at a branch office as provided in Part IV of that Act. Errors in documents (4) The charge is not invalidated nor its effect impaired by reason only of an error or omission in the charge or in its execution or registration, unless a reasonable person is likely to be materially misled by the error or omission. Registration against land (5) If the recovered property is real property, the Corporation may register the charge against it in the proper land registry office and the Corporation may enforce the charge by sale of the real property against which it is registered in the same manner as a sale to realize on a mortgage.  1998, c. 26, s. 47.
48 (1) Where a person who owns or has any interest in any land in Ontario has agreed to contribute towards the costs of legal aid services given to him or her or to a person for whom he or she is the person responsible, the Corporation may register a notice of lien for an amount equal to the amount that he or she agreed to contribute against the person’s land in the proper land registry office.  1998, c. 26, s. 48 (1). Sale of land (2) If the person fails to pay the Corporation an amount he or she agreed to contribute, the Corporation may enforce the lien by sale of the real property against which it is registered in the same manner as a sale to realize on a mortgage.  1998, c. 26, s. 48 (2). Same (3) The Corporation shall not be required to enforce the lien immediately upon default occurring, but may delay enforcing the lien to a later date or, in accordance with the terms of the agreement entered into by the person and the Corporation, to the occurrence of an event.  1998, c. 26, s. 48 (3). Form of charge against real property (4) A charge against real property under this section or subsection 47 (5) shall be in a form prescribed under this Act or prescribed or approved under an Act administered by the Minister of Consumer and Business Services.  1998, c. 26, s. 48 (4); 2001, c. 9, Sched. D, s. 13. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. D, s. 13 - 29/06/2001
49 The Corporation may, in accordance with the regulations, waive any of its rights under sections 45, 46, 47 and 48 to collect amounts due to it and may accept payment from an applicant or person responsible for an applicant in a lesser amount than that owed by the applicant or person to the Corporation.  1998, c. 26, s. 49.
50 This Part, except section 46, does not apply in respect of legal aid services provided by a clinic or by any other entity that is not the Corporation.  1998, c. 26, s. 50. PART V   CORPORATE POWERS, FINANCES AND ADMINISTRATION
51 The Corporation has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act.  1998, c. 26, s. 51.
52 (1) The Corporations Act and Corporations Information Act do not apply to the Corporation, except as specifically made applicable by the regulations. Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 52 (1) of the Act is amended by striking out “The Corporations Act” at the beginning and substituting “The Not-for-Profit Corporations Act, 2010”. (See: 2017, c. 20, Sched. 8, s. 90 (1)) Conflict of interest and indemnification (2) Sections 132 and 136 of the Business Corporations Act apply with necessary modifications to the Corporation, the members of its board of directors and its officers.  1998, c. 26, s. 52. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 90 (1) - not in force
53 Except as provided in sections 47, 48 and 68, the Corporation may not, for its own purposes, acquire, hold or dispose of real property, other than a leasehold interest, without first obtaining the approval of the Lieutenant Governor in Council.  1998, c. 26, s. 53.
54 Except with the approval of the Treasury Board, the board of directors of the Corporation shall not establish a subsidiary corporation.  1998, c. 26, s. 54; 2008, c. 19, Sched. K, s. 1. Section Amendments with date in force (d/m/y) 2008, c. 19, Sched. K, s. 1 - 27/11/2008
55 The Corporation shall establish its banking arrangements with a bank listed in Schedule I or II to the Bank Act (Canada) or a loan or trust corporation registered under the Loan and Trust Corporations Act.  2002, c. 8, Sched. I, s. 14. Section Amendments with date in force (d/m/y) 2002, c. 8, Sched. I, s. 14 - 5/01/2005
56 The Corporation shall have such borrowing powers as may be prescribed.  1998, c. 26, s. 56.
57 (1) The Corporation shall have such investment powers as may be prescribed. Investment agent (2) If the Corporation selects an agent to make investments for it, it shall select as agent a person that the Corporation is satisfied is suitable to perform the act for which the agent is selected and it is responsible for prudent and reasonable supervision of the agent. Same (3) An investment agent for the Corporation is subject to the standards with necessary modifications that apply to an administrator of a pension plan under subsections 22 (1), (2) and (4) of the Pension Benefits Act.  1998, c. 26, s. 57.
58 (1) With the approval of the Lieutenant Governor in Council, the Corporation may enter into agreements with the government of Canada or of a province or territory of Canada or with the appropriate authority of any such government to provide for co-operation in matters relating to the provision of legal aid services, including cost-sharing, recovery of amounts paid for legal aid services on behalf of non-resident clients and funding arrangements. Same (2) With the approval of the Lieutenant Governor in Council, the Corporation may enter into agreements with the government of Canada or of a province or territory of Canada or with an agency, board or commission of such a government under which, for purposes related to the provision of legal aid services under this Act or comparable services in another jurisdiction, (a) the government, agency, board or commission will be allowed access to information obtained by the Corporation under this Act; and (b) the government, agency, board or commission will allow the Corporation to have access to information obtained by the government, agency, board or commission under statutory authority.  1998, c. 26, s. 58.
59 The Corporation may charge fees for any service it provides, other than legal aid services, including application fees and fees for the provision of research publications.  1998, c. 26, s. 59.
60 (1) The board of directors of the Corporation shall, (a) establish operational and strategic policy; (b) develop strategic plans to establish the overall objectives for the Corporation by assessing current and future needs for legal aid services, formulating strategies to meet those needs and setting performance measures to determine if the objectives have been met; (c) review and approve investment policies; (d) establish and implement quality control mechanisms and evaluate the programs of the Corporation; (e) develop the Corporation’s capacity to participate in the development of an integrated justice system in collaboration with other partners in the justice system; (f) develop a management information and information-technology strategy; (g) establish policies for the retention, preservation and destruction of records; (h) undertake any inquiry or investigation which the board considers necessary or expedient in relation to the discharge of its functions; (i) provide legal aid services within the financial resources available to the Corporation. Board to act responsibly (2) The board of directors shall act in a financially responsible and accountable manner in exercising its powers and performing its duties. Standard of care (3) Members of the board of directors shall act in good faith with a view to the best interests of the Corporation and shall exercise the care, diligence and skill of a reasonably prudent person.  1998, c. 26, s. 60.
61 (1) The board of directors may delegate any power or duty to any committee, to any member of a committee or to any officer or employee of the Corporation. Same (2) A delegation shall be in writing and shall be on the terms and subject to the limitations, conditions or requirements specified in it.  1998, c. 26, s. 61.
62 (1) The board of directors shall meet at the call of the chair and in no case shall the board meet less often than once every two months. Place (2) The board may meet in any place in the province that is convenient. Same (3) The board may conduct its meetings in person or through electronic means, including telephone conferencing and video conferencing.  1998, c. 26, s. 62.
63 (1) The board of directors may pass by-laws generally for the management of the Corporation and for the conduct and administration of its business and affairs, including by-laws, (a) determining its own practices and procedures; (b) creating forms and providing for their use; (c) governing the duties and powers of the Corporation’s officers and employees.  1998, c. 26, s. 63 (1). Conflict of interest by-laws (2) The board shall pass by-laws governing conflicts of interest of members of the board and of the Corporation’s officers and employees and, if the board considers it appropriate, imposing restrictions on the activities of such persons to avoid conflicts of interest.  1998, c. 26, s. 63 (2). Copies to Minister (3) The board shall forward copies of its by-laws, when they are made, to the Attorney General.  1998, c. 26, s. 63 (3). Legislation Act, 2006, Part III (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to the Corporation’s by-laws.  1998, c. 26, s. 63 (4); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
64 (1) The board of directors shall appoint a president of the Corporation.  1998, c. 26, s. 64 (1). First president (2) Despite subsection (1), the first president of the Corporation after Part II comes into force shall be appointed by the Attorney General in consultation with the Treasurer of the Law Society and shall serve for a term of not more than one year.  1998, c. 26, s. 64 (2). Duties (3) The president is the chief executive officer of the Corporation and is responsible for the management and operation of the Corporation under the supervision of the board of directors.  1998, c. 26, s. 64 (3). Same (4) The president shall implement the policies established by the board and shall perform such other functions as are assigned to him or her by the board.  1998, c. 26, s. 64 (4). Other officers (5) The board shall appoint a secretary of the Corporation and may appoint such other officers as it considers appropriate.  1998, c. 26, s. 64 (5). Employees (6) The Corporation may employ such persons as it considers necessary for its purposes.  1998, c. 26, s. 64 (6). Not an employee of the Crown (7) An employee of the Corporation is not and shall not be deemed to be an employee of the Crown.  2006, c. 35, Sched. C, s. 59. Persons hired from Law Society given continuity of service (8) If the Corporation hires a person who, at the time of the hiring, is an employee of the Law Society working in the area of legal aid, the period of employment of the employee with the Corporation shall be deemed, for the purposes of Parts VII, VIII, XI and XIV of the Employment Standards Act, to include his or her employment with the Law Society.  1998, c. 26, s. 64 (8). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 59 - 20/08/2007 Financial statements
65 (1) The fiscal year of the Corporation is April 1 to March 31 of the following year. Annual statements (2) The Corporation shall prepare annual financial statements for each fiscal year in accordance with generally accepted accounting principles. Auditor General (3) The Auditor General shall audit the financial statements of the Corporation.  1998, c. 26, s. 65; 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32
- 30/11/2004
66 (1) The Corporation shall submit its annual budget for the next fiscal year to the Attorney General for approval by October 1 in each year or by such other date as may be specified by the Attorney General. Contents (2) The annual budget shall be based on a three-year cycle, and shall set out, (a) the Corporation’s proposed operating budget for the next fiscal year; (b) the sum required by the Corporation from the Government of Ontario for the next fiscal year, taking into account an estimate of the money that the Corporation will receive from other sources and any surplus or deficit approved under subsection (3); (c) the Corporation’s projected operating budgets for the two fiscal years after the next fiscal year. Same (3) The Corporation may, in its financial statements, allocate any surplus or deficit in a fiscal year to either or both of the two subsequent fiscal years with the approval of the Attorney General. Reserve fund (4) The Corporation shall maintain a contingency reserve fund as prescribed. Minimum allocation to clinics for three years (5) For three consecutive fiscal years beginning with the fiscal year that begins April 1, 1999, the Corporation shall allocate to the funding of clinics an amount that is not less than the amount allocated by the Attorney General to the Law Society for the funding of clinics for the fiscal year of the Government of Ontario that began April 1, 1998. Minimum allocation for immigration and refugee law for two years (6) For two consecutive fiscal years beginning with the fiscal year that begins April 1, 1999, the Corporation shall allocate to the provision of legal aid services in the area of immigration and refugee law an amount equal to the amount expended from the Legal Aid Fund during the 1997-98 fiscal year for such services.  1998, c. 26, s. 66. Government funding
67 (1) The annual budget approved by the Attorney General under section 66 shall be submitted to Treasury Board to be reviewed for inclusion in the estimates of the Ministry of the Attorney General to be recommended to the Legislature.  1998, c. 26, s. 67 (1); 2008, c. 19, Sched. K, s. 2. Appropriation by Legislature (2) The money required for the purposes of this Act shall be paid out of such money as is appropriated therefor by the Legislature.  1998, c. 26, s. 67 (2). Instalments (3) The money required for the purposes of this Act may be paid to the Corporation in such instalments as the Attorney General may direct.  1998, c. 26, s. 67 (3). Section Amendments with date in force (d/m/y) 2008, c. 19, Sched. K, s. 2 - 27/11/2008
68 (1) The Corporation may enter into arrangements, as it considers appropriate, to receive additional funding from any person or organization. Gifts, bequests, devises (2) The Corporation may receive gifts, bequests and devises of real or personal property, to hold, use and manage or dispose of in the furtherance of its objects, subject to the terms of any trust affecting the property.  1998, c. 26, s. 68. Consolidated Revenue Fund
69 (1) The Corporation’s money and investments, including the money paid to it under section 67, do not form part of the Consolidated Revenue Fund and shall be used by the Corporation in carrying out its objects. Payment into Consolidated Revenue Fund (2) When ordered to do so by the Minister of Finance, the Corporation shall pay into the Consolidated Revenue Fund such of its surplus funds as are determined by the Minister.  1998, c. 26, s. 69.
70 The Financial Administration Act does not apply to the Corporation, except as specifically made applicable by the regulations.  1998, c. 26, s. 70.
71 (1) Every five years, beginning with the Corporation’s first fiscal year after Part II comes into force, the Corporation and the Attorney General shall enter into a memorandum of understanding.  1998, c. 26, s. 71 (1). Contents (2) The memorandum of understanding shall require the Corporation to be accountable for the expenditure of public funds and for the provision of legal aid services to low-income individuals in a manner that both meets the needs of low-income individuals and is cost-effective and efficient by providing the Attorney General with, (a) annual business plans; (b) any plans for significant changes in the Corporation’s operations or activities; (c) strategic plans for the number of years specified by the Attorney General; (d) an annual statement of the Corporation’s policies and priorities for providing legal aid services; (e) an annual statement of the Corporation’s investment policies and goals; (f) the agenda of all meetings of the board of directors of the Corporation before they are held; (g) the performance standards that the Corporation must meet; (h) any other matter that may be required by the Lieutenant Governor in Council, the Treasury Board or the Attorney General.  1998, c. 26, s. 71 (2); 2008, c. 19, Sched. K, s. 3. Corporation to comply with memorandum of understanding (3) The Corporation shall comply with the memorandum of understanding, but the failure to do so does not affect the validity of any action taken by the Corporation or give rise in any person to any rights or remedies.  1998, c. 26, s. 71 (3). Section Amendments with date in force (d/m/y) 2008, c. 19, Sched. K, s. 3 - 27/11/2008
72 (1) The Corporation shall prepare an annual report, provide it to the Attorney General no later than 90 days after the Corporation receives audited financial statements from the Auditor General and make it available to the public. 2017, c. 34, Sched. 46, s. 22. Same (2) The Corporation shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; and (b) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 22. Same (3) The Corporation shall include such additional content in the annual report as the Attorney General may require. 2017, c. 34, Sched. 46, s. 22. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 22 - 01/01/2018
72.1 The Attorney General shall table the Corporation’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 22. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 22 - 01/01/2018
72.2 The Attorney General may at any time require the Corporation or any of its subsidiary corporations to report to him or her on any aspect of its affairs or to provide information on its activities, operations and financial affairs as the Attorney General may request. 2017, c. 34, Sched. 46, s. 22. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 22 - 01/01/2018 Agreements with Clinics, Student Legal Aid Services Societies and Others and Related Processes Agreements and other instruments to which the Corporation is a party
72.3 (1) The Corporation may, at any time before April 1, 2021, attempt to enter into discussions with each clinic that is a party to a memorandum of understanding with the Corporation respecting the provision of legal aid services, for the purpose of entering into a new agreement with the clinic respecting the provision of legal aid services. 2020, c. 11, Sched. 14, s. 6. Discussions re new agreements with deans (2) The Corporation may, at any time before April 1, 2021, attempt to enter into discussions with each dean of an Ontario law school who is a party to an agreement under subsection 21 (3), for the purpose of entering into a new agreement with the dean under that subsection. 2020, c. 11, Sched. 14, s. 6. Effect of new agreement (3) If the Corporation enters into a new agreement with a clinic that takes effect before April 1, 2021, the memorandum of understanding referred to in subsection (1) with the clinic is cancelled on the day on which the new agreement takes effect. 2020, c. 11, Sched. 14, s. 6. Same (4) If the Corporation enters into a new agreement with a dean that takes effect before April 1, 2021, the prior agreement referred to in subsection (2) with the dean is cancelled on the day on which the new agreement takes effect. 2020, c. 11, Sched. 14, s. 6. Cancellation of existing instruments (5) Every memorandum of understanding between the Corporation and a clinic respecting the provision of legal aid services, and every agreement entered into under subsection 21 (3), that was in effect immediately before the day section 6 of Schedule 14 to the Smarter and Stronger Justice Act, 2020 came into force and that for any reason whatsoever is not cancelled under subsection (3) or (4) before April 1, 2021, is cancelled on April 1, 2021. 2020, c. 11, Sched. 14, s. 6. Same (6) Any other instrument to which the Corporation is a party that may be prescribed for the purposes of this subsection is cancelled on April 1, 2021. 2020, c. 11, Sched. 14, s. 6. Reference to memorandum of understanding (7) A reference in this section to a memorandum of understanding between the Corporation and a clinic includes reference to each of its appendices, being, (a) a funding agreement (Appendix A), including any schedules to the funding agreement regardless of when they come into effect; (b) a consultation policy (Appendix B); and (c) a dispute resolution policy (Appendix C). 2020, c. 11, Sched. 14, s. 6. Reference to s. 21 (3) agreements (8) A reference in this section to an agreement entered into under subsection 21 (3) includes reference to any schedules to the agreement regardless of when they come into effect. 2020, c. 11, Sched. 14, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 14, s. 6 - 08/07/2020
72.4 The following proceedings and other processes are terminated: 1. Any proceeding or process under an instrument cancelled by section 72.3 that was not finally disposed of before the cancellation, effective as of the day the instrument is cancelled. 2. Any reconsideration under section 36 that was not finally disposed of before the repeal of that section by section 4 of Schedule 14 to the Smarter and Stronger Justice Act, 2020. 2020, c. 11, Sched. 14, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 14, s. 6 - 08/07/2020
72.5 (1) No cause of action arises against the Crown, any current or former member of the Executive Council or employee or agent of or advisor to the Crown, or against the Corporation or any of its current or former directors, officers or employees, as a direct or indirect result of, (a) the enactment of section 6 of Schedule 14 to the Smarter and Stronger Justice Act, 2020; (b) the cancellation of an instrument by section 72.3; (c) the termination of a proceeding or process by section 72.4; or (d) any representation or other conduct that is related, directly or indirectly, to the matters set out in an instrument cancelled by section 72.3 or a proceeding or process terminated by section 72.4. 2020, c. 11, Sched. 14, s. 6. Proceedings barred (2) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, and any remedy under any statute, that is based on a cause of action described in subsection (1) may be brought or maintained against a person referred to in that subsection. 2020, c. 11, Sched. 14, s. 6. Application (3) Subsection (2) applies to any proceeding, including any court, administrative or arbitral proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, or any other remedy or relief. 2020, c. 11, Sched. 14, s. 6. Retrospective effect (4) Subsections (2) and (3) apply regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day section 6 of Schedule 14 to the Smarter and Stronger Justice Act, 2020 came into force. 2020, c. 11, Sched. 14, s. 6. Proceedings set aside (5) Any proceeding referred to in subsection (2) or (3) commenced before the day section 6 of Schedule 14 to the Smarter and Stronger Justice Act, 2020 came into force is deemed to have been dismissed, without costs, on that day. 2020, c. 11, Sched. 14, s. 6. No compensation (6) No person is entitled to any compensation for any loss or damages related, directly or indirectly, to the enactment of section 6 of Schedule 14 to the Smarter and Stronger Justice Act, 2020, the cancellation of an instrument by section 72.3, or the termination of a proceeding or process by section 72.4. 2020, c. 11, Sched. 14, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 14, s. 6 - 08/07/2020 PART VI   TEMPORARY ADMINISTRATION
73 (1) The Attorney General may apply to the Superior Court of Justice for an order appointing an administrator to administer the Corporation in the name of and on behalf of the Corporation.  1998, c. 26, s. 73 (1); 2006, c. 19, Sched. C, s. 1 (1). Order to appoint administrator (2) The court may make the order applied for under subsection (1) if the court is satisfied that the appointment is in the public interest and is needed to ensure the continued and effective provision of legal aid services.  1998, c. 26, s. 73 (2). Independent review of Corporation (3) The Attorney General may, before making an application under subsection (1), appoint an independent party to review the activities of the Corporation and to advise the Attorney General whether, in his or her opinion, the appointment of an administrator is in the public interest and is needed to ensure the continued and effective provision of legal aid services.  1998, c. 26, s. 73 (3). Review by independent party (4) The Corporation shall give the independent party access to all its books, records and documents in order for the independent party to review the activities of the Corporation.  1998, c. 26, s. 73 (4). Board of directors terminated (5) Upon the appointment of an administrator, the terms of office of the members of the board of directors of the Corporation are terminated.  1998, c. 26, s. 73 (5). Notice to board (6) The Attorney General shall give the board of directors of the Corporation reasonable notice of his or her intention to apply for an order under subsection (1).  1998, c. 26, s. 73 (6). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
74 (1) The order of the court shall provide for the administrator’s term of office, which shall not be longer than 12 months. Six-month extension (2) Despite subsection (1), the Attorney General may, at any time during or at the end of the administrator’s term of appointment, apply to court to extend the administrator’s term for further terms of not more than six months each. Same (3) The court may order an extension of the administrator’s term for not more than six months if the court is satisfied that the extension, (a) is in the public interest; (b) is required to ensure the continued and effective provision of legal aid services; and (c) is required to enable the administrator to carry out the duties set out in section 75. Termination of appointment (4) The Attorney General or the administrator may apply to court for an order terminating the appointment before the end of the term and the court may make the order if the court is satisfied that the appointment is no longer, (a) in the public interest; or (b) required to ensure the continued and effective provision of legal aid services. Same (5) The Attorney General may apply to court for an order terminating the appointment of the administrator before the end of the term and the court may make the order if the court is satisfied that the administrator is not fulfilling the terms or conditions of the appointment.  1998, c. 26, s. 74.
75 (1) The administrator shall, (a) manage the property and conduct the affairs of the Corporation; (b) ensure that the Corporation is carrying out its duties in accordance with this Act and the regulations; (c) carry out any other duty that may be set out in the order of appointment.  1998, c. 26, s. 75 (1). Terms of appointment (2) The order of appointment may specify any terms or conditions of the administrator’s appointment.  1998, c. 26, s. 75 (2). Application to court for directions (3) The administrator may apply to the Superior Court of Justice for directions in respect of any issue arising in the administration of the Corporation and the court may make any order that it considers necessary or appropriate to enable the administrator to carry out the administration of the Corporation in an effective and proper manner.  1998, c. 26, s. 75 (3); 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
76 The administrator has all the powers and protections of the board of directors of the Corporation including the power, (a) to make by-laws and regulations; (b) to arrange for all matters related to banking and bank accounts and to authorize persons to sign cheques and other documents; (c) to hire and dismiss staff; (d) to enter into contracts; (e) to sue and be sued.  1998, c. 26, s. 76. Co-operation with administrator
77 (1) The members of the last board of directors of the Corporation before the appointment of the administrator shall co-operate with the administrator by providing any assistance that the administrator may request. Duty of officers, employees to co-operate (2) The officers, former officers and employees of the Corporation shall co-operate with the administrator by providing any assistance that the administrator may request, including giving the administrator full access to the Corporation’s books, records and documents that are in their possession or control.  1998, c. 26, s. 77.
78 (1) The Attorney General may request that the administrator prepare and submit reports to him or her on any matter relevant to the administrator’s administration of the Corporation and the administrator shall prepare and submit the reports as requested  Limitation (2) The Attorney General shall not request, and the administrator shall not provide, reports on specific applicants for legal aid services.  1998, c. 26, s. 78.
79 (1) Certificates issued by the Corporation before the appointment of the administrator remain valid and in force after the appointment of the administrator. Same (2) The administrator shall pay for the services rendered pursuant to a certificate that was issued before the administrator was appointed in the same manner and on the same terms as the Corporation was bound immediately before the appointment.  1998, c. 26, s. 79.
80 The administrator shall be bound by any funding obligations made by the Corporation to a clinic, student legal aid services society or other entity before the administrator was appointed.  1998, c. 26, s. 80.
81 (1) No action or other proceeding for damages shall be instituted against the administrator or the administrator’s employees or agents for any act or omission in the execution or intended execution of a duty or for any alleged neglect or default in the execution in good faith of that duty. Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person described in that subsection to which it would otherwise be subject.  1998, c. 26, s. 81 (2); 2019, c. 7, Sched. 17, s. 99. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 99 - 01/07/2019 PART VII   GENERAL 82 Repealed:  1998, c. 26, s. 82 (2). Section Amendments with date in force (d/m/y) 1998, c. 26, s. 82 (2) - 01/04/1999
83 (1) The Statutory Powers Procedure Act does not apply to any decisions made or proceedings conducted under this Act, whether by the Corporation, by a committee of the board of directors of the Corporation, by an officer or employee of the Corporation or by an area director or an area committee  Decisions final (2) Except as specifically provided in this Act, every decision of the Corporation, its employees or a committee of its board of directors, and every decision of an area director or area committee is final and shall not be subject to appeal or judicial review.  1998, c. 26, s. 83.
84 The Corporation may collect personal information, within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act, for the purpose of carrying out its duties and exercising its powers under this Act.  1998, c. 26, s. 84.
85 (1) Subject to subsections (2) and (3), no lawyer or service-provider or officer or employee of the Corporation. shall, in connection with or arising out of his or her duties under this Act, suggest or recommend to an applicant any lawyer or service-provider as being suitable to act for the person pursuant to a certificate. Exception (2) If it appears to an officer or employee of the Corporation that, because of physical or mental disability or other legal incapacity, or for any similar reason, an applicant is unable to make a choice of lawyer or service-provider and that there is no other person who might reasonably be expected to make that choice for the applicant, then the officer or employee may suggest or recommend to the applicant one or more lawyer or service-provider who might act for the applicant pursuant to a certificate. Same (3) An officer or employee of the Corporation may advise the applicant of the names of those lawyers or service-providers within the area who can take instructions in a language in which the applicant can converse.  1998, c. 26, s. 85.
86 (1) No action or other proceeding for damages shall be instituted against a member of the board of directors, an officer or employee of the Corporation, an area director or a member of an area committee for any act or omission in the execution or intended execution of his or her duty under this Act or for any alleged neglect or default in the execution in good faith of that duty. Corporate liability (2) Subsection (1) does not relieve the Corporation of any liability to which it would otherwise be subject in respect of a tort committed by a person referred to in subsection (1).  1998, c. 26, s. 86.
87 (1) The Corporation is not liable for any act or omission of any lawyer or student or service-provider who provides legal aid services under this Act. Exception (2) Subsection (1) does not apply in respect of an act or omission of a lawyer or service-provider who provides legal aid services under this Act as an employee of the Corporation.  1998, c. 26, s. 87.
88 (1) Except with the consent of the Corporation, members of the board of directors, officers and employees of the Corporation, area directors and members of area committees are not compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them while acting within the scope of their appointment or employment under this Act. Exception (2) If the Corporation is a party to a proceeding, the persons referred to in subsection (1) may be determined to be compellable witnesses. Production of documents (3) The Corporation and the persons referred to in subsection (1) are not required to produce, in a proceeding in which the Corporation is not a party, any information or material furnished, obtained, made or received in the performance of the Corporation’s or the person’s duties under this Act.  1998, c. 26, s. 88.
89 (1) All legal communications between the Corporation, an officer or employee of the Corporation, an area director or member of an area committee and an applicant for legal aid services are privileged in the same manner and to the same extent as solicitor-client communications. Same (2) All legal communications between a lawyer, student or service-provider at a clinic, student legal aid services society or other entity funded by the Corporation, or any other member, officer or employee of a clinic, student legal aid services society or other entity funded by the Corporation and an applicant for legal aid services are privileged in the same manner and to the same extent as solicitor-client communications. Same (3) Disclosure of privileged information to the Corporation that is required under this Act does not negate or constitute a waiver of privilege.  1998, c. 26, s. 89.
90 (1) A member of the board of directors, an officer or employee of the Corporation, an area director, a member of an area committee, a lawyer, a service-provider or a member, officer, director or employee of a clinic, student legal aid services society or other entity funded by the Corporation shall not disclose or permit to be disclosed any information or material furnished to or received by him or her in the course of his or her duties or in the provision of legal aid services. Exception (2) A person referred to in subsection (1) may disclose information or allow it to be disclosed in the performance of his or her duties or in the provision of legal aid services or with the consent of the applicant or if authorized by the Corporation.  1998, c. 26, s. 90.
91 A document that purports to be signed on behalf of the Corporation shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the document without proof of the signature or the position of the person appearing to have signed the document.  1998, c. 26, s. 91.
93 The relationship between a lawyer who provides legal aid services and the individual who is receiving those services is the customary solicitor-client relationship, whether the legal aid services are provided pursuant to a certificate, in a legal aid services staff office, clinic, student legal aid services society or other entity funded by the Corporation or by any other method under this Act.  1998, c. 26, s. 93.
94 The Corporation may extend the time that may be set out in the regulations for doing any act or taking any proceeding and may do so even after the prescribed time has expired.  1998, c. 26, s. 94.
95 (1) Except in accordance with this Act, no person shall take or receive any payment or other benefit in respect of any legal aid services provided by the person under this Act. No lien for legal aid services (2) No lawyer has a lien for his or her fees, charges or expenses on the property or papers in the lawyer’s possession belonging to an individual to whom the lawyer provided legal aid services. Lien for non-legal aid services unaffected (3) Nothing in this section shall be deemed to deprive a lawyer of a lien for his or her fees, charges and expenses on the property and papers in his or her possession belonging to an individual to whom the lawyer provided services other than legal aid services.  1998, c. 26, s. 95.
96 (1) Any person who intentionally contravenes or fails to comply with section 90 or subsection 92 (6) or 95 (1) is guilty of an offence. Same (2) Any person who intentionally provides false information or fails to make full disclosure under section 41 is guilty of an offence. Same (3) Any lawyer or service-provider who intentionally provides false information or fails to make full disclosure in respect of an account submitted under section 31 is guilty of an offence.  1998, c. 26, s. 96.