39 (1) The board of directors of a clinic funded by the Corporation shall ensure that, (a) the clinic complies with this Act and the terms and conditions attached to the funding; (b) the clinic complies with any direction issued by the board of directors of the Corporation; and (c) the clinic meets the operational standards established by the Corporation. Same (2) Subject to this Act, the board of directors of a clinic funded by the Corporation shall determine the legal needs of the individuals and communities served or to be served by the clinic and shall ensure that the clinic provides legal aid services in the area of clinic law in accordance with those needs. Same (3) The board of directors of a clinic funded by the Corporation shall, on its own initiative or at the request of the clinic committee, advise the clinic committee on matters relevant to the provision of legal aid services by means of clinics. Non-compliance by clinic (4) If the board of directors of the Corporation is of the opinion at any time that a clinic funded by the Corporation is not complying with this Act or with the terms and conditions attached to its funding or with a direction issued under section 38 or is not meeting the operational standards established by the Corporation, the board of directors may reduce or suspend the funding of the clinic. Notice to clinic (5) Before taking any action under subsection (4), the board of directors of the Corporation shall give the board of directors of the clinic notice of its intent and a reasonable opportunity to comply with this Act or the terms and conditions or direction or to meet the operational standards.  1998, c. 26, s. 39. Note: On a day to be named by proclamation of the Lieutenant Governor, part III of the Act is amended by adding the following section: (See: 2020, c. 11, Sched. 14, s. 5) Legally-Required Legal Aid Services Legal aid services where legally required 39.1 (1) In addition to the other legal aid services that the Corporation provides to applicants under this Part, the Corporation shall provide the following services in the following circumstances: 1. Representation in a legal matter in which a court determines that an individual requires representation by a lawyer to meet the requirements of the Canadian Charter of Rights and Freedoms. 2. Representation in a legal matter in which the Corporation reasonably determines that an individual requires representation by a lawyer to meet the requirements of the Canadian Charter of Rights and Freedoms. 3. Representation of a young person who is the subject of a court direction under paragraph 25 (4) (b) of the Youth Criminal Justice Act (Canada), on the direction of the Attorney General under subsection 25 (5) of that Act. 4. Representation of a young person who is the subject of a court direction under paragraph 11 (4) (b) of the Young Offenders Act (Canada), on the direction of the Attorney General under subsection 11 (5) of that Act. 5. Cross-examination of a witness pursuant to an order made under section 486.3 of the Criminal Code (Canada). 6. Representation of an accused, if representation is ordered or counsel is assigned to act for the accused under subsection 672.5 (8) or section 672.24, 684 or 694.1 of the Criminal Code (Canada). 7. Appointment as a friend of the court under an order of a court in a criminal or child protection proceeding. 8. The prescribed services in the prescribed circumstances. 2020, c. 11, Sched. 14, s. 5. Application to Ontario (2) Subsection (1) applies with respect to the provision of services only if the services are ordered or expected to be paid for or provided by the Attorney General of Ontario or the Crown in right of Ontario, as opposed to the Attorney General of Canada or the Government of Canada. 2020, c. 11, Sched. 14, s. 5. Payment by Corporation despite court order (3) Despite any order of a court requiring that the cost of providing services under this section to an individual be borne by the Attorney General of Ontario or the Crown in right of Ontario, the cost of providing the services shall be borne by the Corporation. 2020, c. 11, Sched. 14, s. 5. Application of Act and regulations (4) This Act and the regulations apply with respect to services provided under this section, with the following and any other necessary modifications: 1. The eligibility requirements under section 16 to receive legal aid services do not apply, but the Corporation may require contribution under Part IV towards the cost of providing services under this section. 2. A reference to an applicant includes reference to an individual to whom legal aid services are provided under this section. 3. Any other modification that may be prescribed. 2020, c. 11, Sched. 14, s. 5. No effect on power to order representation (5) Nothing in this section confers jurisdiction on or expands the jurisdiction of a court with respect to the appointment or assignment of counsel, or expands or otherwise alters the circumstances in which a right to counsel may exist under the law. 2020, c. 11, Sched. 14, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 14, s. 5 - not in force PART IV   RECOVERY OF COSTS FOR LEGAL AID SERVICES