jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purpose of this Act is to promote access to justice throughout Ontario for low-income individuals by means of, (a) providing consistently high quality legal aid services in a cost-effective and efficient manner to low-income individuals throughout Ontario; (b) encouraging and facilitating flexibility and innovation in the provision of legal aid services, while recognizing the private bar as the foundation for the provision of legal aid services in the areas of criminal law and family law and clinics as the foundation for the provision of legal aid services in the area of clinic law; (c) identifying, assessing and recognizing the diverse legal needs of low-income individuals and of disadvantaged communities in Ontario; and (d) providing legal aid services to low-income individuals through a corporation that will operate independently from the Government of Ontario but within a framework of accountability to the Government of Ontario for the expenditure of public funds.  1998, c. 26, s. 1.
2 In this Act, “applicant” means a person who applies for or receives legal aid services; (“auteur de la demande”) “certificate” means a certificate or provisional certificate issued under this Act authorizing an individual to obtain legal aid services from a lawyer or service-provider; (“certificat”) “clinic” means an independent community organization structured as a corporation without share capital that provides legal aid services to the community it serves on a basis other than fee for service; (“clinique”) “clinic committee” means the clinic committee of the board of directors of the Corporation; (“comité des cliniques”) “clinic law” means the areas of law which particularly affect low-income individuals or disadvantaged communities, including legal matters related to, (a) housing and shelter, income maintenance, social assistance and other similar government programs, and (b) human rights, health, employment and education; (“domaines de pratique des cliniques”) “Corporation” means Legal Aid Ontario established under this Act; (“Société”) “criminal law” includes legal matters relating to, (a) provincial offences, and (b) the Youth Criminal Justice Act (Canada); (“droit criminel”) “Law Society” means the Law Society of Ontario; (“Barreau”) “lawyer” means a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor; (“avocat”) “legal aid services” means legal and other services provided under this Act; (“services d’aide juridique”) “person responsible”, with respect to another person, means a person responsible for contributing towards the costs of legal aid services provided to the other person, as prescribed; (“personne responsable”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “service-provider” means a person, other than a lawyer, who provides legal aid services; (“fournisseur de services”) “student” means a person enrolled in a program of pre-licensing education or training under the Law Society Act or in any law course approved by the Law Society. (“étudiant”)  1998, c. 26, s. 2; 2006, c. 19, Sched. D, s. 10 (1); 2006, c. 21, Sched. C, s. 115 (1); 2018, c. 8, Sched. 15, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 10 (1) - 22/06/2006 2006, c. 21, Sched. C, s. 115 (1) - 1/05/2007 2018, c. 8, Sched. 15, s. 12 - 08/05/2018 PART II   LEGAL AID ONTARIO
3 (1) A corporation without share capital is established under the name Legal Aid Ontario in English and Aide juridique Ontario in French  Membership (2) The members of the Corporation shall consist of the members of its board of directors. Not a Crown agency (3) The Corporation is not an agent of Her Majesty nor a Crown agent for the purposes of the Crown Agency Act. Independent from but accountable to the Ontario government (4) The Corporation shall be independent from, but accountable to, the Government of Ontario as set out in this Act.  1998, c. 26, s. 3.
4 The objects of the Corporation are, (a) to establish and administer a cost-effective and efficient system for providing high quality legal aid services to low-income individuals in Ontario; (b) to establish policies and priorities for the provision of legal aid services based on its financial resources; (c) to facilitate co-ordination among the different methods by which legal aid services are provided; (d) to monitor and supervise legal aid services provided by clinics and other entities funded by the Corporation; (e) to co-ordinate services with other aspects of the justice system and with community services; (f) to advise the Attorney General on all aspects of legal aid services in Ontario, including any features of the justice system that affect or may affect the demand for or quality of legal aid services.  1998, c. 26, s. 4.
5 (1) The affairs of the Corporation shall be governed and managed by its board of directors. 2020, c. 11, Sched. 14, s. 1. Composition (2) The board shall be composed of 11 persons appointed for a specified term by the Lieutenant Governor in Council on the recommendation of the Attorney General. 2020, c. 11, Sched. 14, s. 1. Same (3) Five of the persons appointed under subsection (2) shall be selected by the Attorney General from a list of persons recommended by the Law Society of Ontario. 2020, c. 11, Sched. 14, s. 1. Chair (4) The Lieutenant Governor in Council shall, on the recommendation of the Attorney General in consultation with the Law Society of Ontario, appoint one of the persons appointed under subsection (2) as chair of the board. 2020, c. 11, Sched. 14, s. 1. Acting chair (5) The chair of the board shall designate another appointed member of the board to act as chair in his or her absence and, if the chair fails to designate a person, or if the designated person is also absent, the other appointed members of the board shall designate a person to act as chair in the absence of the chair. 2020, c. 11, Sched. 14, s. 1. Quorum (6) A majority of the appointed members of the board constitutes a quorum. 2020, c. 11, Sched. 14, s. 1. Vacancies (7) If there are one or more vacancies on the board, the remaining members may exercise all the powers of the board if they would constitute a quorum of the fully constituted board. 2020, c. 11, Sched. 14, s. 1. Remuneration (8) The appointed members of the board are entitled to such remuneration and reimbursement for reasonable expenses as are determined by the Lieutenant Governor in Council. 2020, c. 11, Sched. 14, s. 1. Transition, board (9) The persons who are appointed members of the board of directors of the Corporation immediately before section 1 of Schedule 14 to the Smarter and Stronger Justice Act, 2020
came into force continue as appointed members of the board until the earliest of the expiry of their terms, their resignation or their removal. 2020, c. 11, Sched. 14, s. 1. Transition, chair (10) The person who acted as chair immediately before section 1 of Schedule 14 to the Smarter and Stronger Justice Act, 2020 came into force continues as chair until the earliest of the expiry of the person’s term, the person’s resignation or the person’s removal. 2020, c. 11, Sched. 14, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 14, s. 1 - 08/07/2020 6 Repealed: 2020, c. 11, Sched. 14, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 14, s. 1 - 08/07/2020
7 (1) The board shall establish an advisory committee in each of criminal law, family law and clinic law and in any other prescribed area of law. Same (2) The board may establish other advisory committees that it considers appropriate. Composition and functions (3) The composition and functions of the advisory committees shall be as determined by the board.  1998, c. 26, s. 7.
8 (1) The board shall establish an audit committee and a clinic committee and may establish additional committees as it considers appropriate. Composition (2) The committees shall be composed of that number of members of the board of directors as determined by the board. Functions – general (3) The functions of the committees shall be as determined by the board. Functions – clinic committee (4) In addition to any functions assigned to it by the board, the clinic committee shall, (a) recommend policies and guidelines to the board in respect of the Corporation’s funding of clinics; (b) recommend standards to the board for the operation of clinics; (c) make decisions with respect to applications by clinics for funding and reconsider such decisions made by it or by an officer or employee of the Corporation.  1998, c. 26, s. 8.
9 The assets and liabilities associated with the legal aid plan or the Legal Aid Fund that have been transferred to the Corporation by the Law Society of Ontario are deemed to be held by the Corporation in its name. 2020, c. 11, Sched. 14, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 14, s. 2 - 08/07/2020 10 Repealed: 2020, c. 11, Sched. 14, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 14, s. 2 - 08/07/2020 11 Repealed: 2020, c. 11, Sched. 14, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 14, s. 2 - 08/07/2020 PART III   LEGAL AID SERVICES
12 (1) The Corporation shall establish and administer a cost-effective and efficient system for providing high quality legal aid services within the financial resources available to the Corporation. Corporation to establish priorities, policies (2) For the purpose of subsection (1), the Corporation shall, (a) determine the legal needs of low-income individuals and of disadvantaged communities in Ontario; (b) establish priorities for the areas of law, types of cases and types of proceedings for which it will provide legal aid services; and (c) establish policies for the kinds of legal aid services to be provided in the different areas of law, types of cases and types of proceedings.  1998, c. 26, s. 12. Legal aid services to be provided
13 (1) The Corporation shall provide legal aid services in the areas of criminal law, family law, clinic law and mental health law. Other areas of law (2) Subject to subsection (3), the Corporation may provide legal aid services in areas of civil law not referred to in subsection (1). Corporation not to provide services in specified areas (3) The Corporation shall not provide legal aid services, (a) in proceedings wholly or partly in respect of a defamation; (b) in relator actions; (c) in proceedings for the recovery of a penalty where the proceedings may be taken by any person and the penalty in whole or in part may be payable to the person instituting the proceedings; (d) in proceedings relating to any election; or (e) in prescribed areas of civil law, for prescribed types of civil cases or for prescribed types of civil proceedings.  1998, c. 26, s. 13.
14 (1) Subject to subsections (2) and (3), the Corporation shall provide legal aid services by any method that it considers appropriate, having regard to the needs of low-income individuals and of disadvantaged communities, the need to achieve an effective balance among the different methods of providing legal aid services, the costs of providing such services and the Corporation’s financial resources, including,  (a) the authorization of lawyers, by means of certificates, to provide legal aid services to individuals or a group of individuals; (a.1) entering into agreements with lawyers, groups of lawyers or law firms under which the lawyer, group or law firm provides legal aid services; (b) the authorization of service-providers, by means of certificates, to provide legal aid services other than legal services to individuals or a group of individuals; (c) the funding of clinics; (d) the establishment and operation of legal aid services staff offices; (e) the funding of student legal aid services societies; (f) the funding of Aboriginal legal services corporations to provide legal aid services to Aboriginal individuals and communities; (g) the provision of duty counsel; (h) public legal education; (i) assistance to individuals representing themselves, including the provision of summary advice, assistance in preparing documents, information packages or self-help kits; (j) the authorization of alternative dispute resolution services.  1998, c. 26, s. 14 (1); 2002, c. 19, s. 1. Foundation for criminal and family law services (2) The Corporation shall provide legal aid services in the areas of criminal and family law having regard to the fact that the private bar is the foundation for the provision of legal aid services in those areas.  1998, c. 26, s. 14 (2). Foundation for clinic law services (3) The Corporation shall provide legal aid services in the area of clinic law having regard to the fact that clinics are the foundation for the provision of legal aid services in that area.  1998, c. 26, s. 14 (3). Legal services must be provided by lawyers (4) Legal services shall only be provided by a lawyer or a person working under the direct supervision of a lawyer.  1998, c. 26, s. 14 (4). Section Amendments with date in force (d/m/y) 2002, c. 19, s. 1- 26/11/2002
15 (1) The Corporation shall designate areas within the province for the purpose of providing legal aid services. Same (2) Every part of the province must be in a designated area. Areas may be merged, divided (3) The Corporation may at any time change the areas established under subsection (1) as it considers appropriate, and in doing so, may merge two or more areas into one area or divide one area into two or more areas.  1998, c. 26, s. 15.
16 (1) An individual is eligible to receive legal aid services, by the method that the Corporation considers appropriate, having regard to its policies and priorities established under section 12, if, (a) he or she applies in accordance with the regulations; (b) he or she meets the prescribed financial eligibility requirements; (c) the matter for which he or she requires legal aid services is in an area of law and is a type of case and type of proceeding for which the Corporation provides legal aid services; (d) he or she pays the application fee, if any; and (e) the application for legal aid services is approved, in accordance with the procedures set out in the regulations.  1998, c. 26, s. 16 (1). Direction under Youth Criminal Justice Act (Canada) (2) If a court makes a direction under paragraph 25 (4) (b) of the Youth Criminal Justice Act
(Canada), the Attorney General may direct the Corporation under subsection 25 (5) of that Act to provide legal aid services, in accordance with the court direction, to the young person who is the subject of the court direction.  2006, c. 19, Sched. D, s. 10 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 16 (2) of the Act is repealed. (See: 2020, c. 11, Sched. 14, s. 3) Direction under Young Offenders Act (Canada) (3) If a court makes a direction under paragraph 11 (4) (b) of the Young Offenders Act (Canada), the Attorney General may direct the Corporation under subsection 11 (5) of that Act to provide legal aid services, in accordance with the court direction, to the young person who is the subject of the court direction. 2006, c. 19, Sched. D, s. 10 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 16 (3) of the Act is repealed. (See: 2020, c. 11, Sched. 14, s. 3) Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 10 (2) - 22/06/2006 2020, c. 11, Sched. 14, s. 3 - not in force
17 (1) Every application made in the prescribed manner shall be assessed, with respect to the applicant’s eligibility for legal aid services, in accordance with the prescribed procedures. 1998, c. 26, s. 17 (1). Oaths taken in assessment process (2) Every officer or employee of the Corporation is, in the performance of his or her duties to assess an applicant’s financial eligibility for legal aid services, a commissioner for taking affidavits within the meaning of the Commissioners for Taking Affidavits Act. 1998, c. 26, s. 17 (2); 2020, c. 7, Sched. 4, s. 12. Applicant to provide information (3) The applicant shall provide the Corporation with information on his or her income, disposable capital, indebtedness, requirements of persons dependent on the applicant and such other information as is necessary for the Corporation to assess whether the applicant meets the prescribed eligibility requirements. 1998, c. 26, s. 17 (3). Application refused or terms and conditions imposed (4) An application for legal aid services may be refused if it does not meet the requirements set out in subsection 16 (1) or may be accepted subject to terms and conditions. 1998, c. 26, s. 17 (4). Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 4, s. 12 - 12/05/2020
18 (1) During the period between the coming into force of Part II and the coming into force of this Part, the Law Society shall continue to administer the legal aid plan and the Legal Aid Fund in accordance with the Legal Aid Act. Continuing liability of Law Society (2) The Law Society remains liable only in respect of claims in relation to the legal aid plan or the Legal Aid Fund, or to any other matter chargeable to the Legal Aid Fund, arising before this Part comes into force, and only to the extent that the claim is covered by any insurance held by the Law Society. Exception (3) Subsection (2) does not apply to an account for professional services rendered pursuant to a certificate that was issued, before this Part comes into force, under the Legal Aid Act, if the account was not submitted before that date. Same (4) Subsection (2) does not apply to an account for professional services rendered, before this Part comes into force, by a duty counsel, if the account was not submitted before that date. Same (5) Subsection (2) does not apply to an application for funding by a clinic, student legal aid society or other entity that was approved, with respect to a period after this Part comes into force, under the Legal Aid Act. Corporation’s liability for claims other than professional accounts (6) The Corporation is liable in respect of claims in relation to the legal aid plan or the Legal Aid Fund, or to any other matter chargeable to the Legal Aid Fund, arising before this Part comes into force, only to the extent that the claim is not covered by any insurance held by the Law Society. Corporation’s liability for certificates issued under prior Act (7) The Corporation is liable for the payment of accounts, (a) for professional services rendered before this Part comes into force pursuant to a certificate that was issued, before that date, under the Legal Aid Act, if the accounts are submitted on or after that date; (b) for professional services rendered by duty counsel before this Part comes into force if the accounts are submitted on or after that date; and (c) for professional services rendered on or after the date this Part comes into force pursuant to a certificate that was issued, before that date, under the Legal Aid Act. Corporation’s liability for funding commitments (8) The Corporation is liable for the funding, with respect to a period after this Part comes into force, (a) set out in a certificate issued to a clinic by the Director of Legal Aid under the Legal Aid Act before this Part comes into force; (b) committed to by the Law Society, before this Part comes into force, for a student legal aid society or other entity other than a clinic. Accounts for old certificates determined under prior Act (9) The determination of the accounts referred to in subsections (3), (4), (5) and (7) shall be in accordance with the Legal Aid Act and its regulations, despite their repeal or revocation, respectively.  1998, c. 26, s. 18. Legal Aid Services Staff Offices
19 (1) A legal aid services staff office established and operated by the Corporation may provide general legal aid services or may specialize in one or more areas of law or types of cases or types of proceedings or may specialize in providing legal aid services to one or more disadvantaged communities. May be staffed by Corporation employees (2) A legal aid services staff office established and operated by the Corporation may be staffed by lawyers and service-providers who are full or part-time employees of the Corporation or who enter into contracts with the Corporation to provide legal aid services.  1998, c. 26, s. 19. Duty Counsel
20 (1) The Corporation may employ lawyers to act as duty counsel on a full or part-time basis or may enter into contracts for the regular or occasional services of lawyers as duty counsel. Functions (2) A lawyer who acts as duty counsel shall perform such functions as may be prescribed. Panels of duty counsel (3) An area director appointed under subsection 22 (3) may establish, in accordance with the regulations, a panel of lawyers who agree to provide professional services as duty counsel on a contract basis. Payment for duty counsel (4) Every lawyer who is not an employee of the Corporation who acts as duty counsel shall be paid by the Corporation a fee for the services rendered, determined in accordance with the regulations. Overpayments (5) Where the Corporation determines that a duty counsel has been overpaid by the Corporation for legal aid services, the Corporation may deduct the amount of the overpayment from any money payable by the Corporation to the duty counsel.  1998, c. 26, s. 20. Student Legal Aid Services Societies
21 (1) A dean of an Ontario law school may apply to the Corporation for its approval to establish a student legal aid services society. Same (2) The application shall contain the information required by the Corporation. Approval agreement (3) The Corporation may enter into an agreement with the dean approving the establishment of a student legal aid services society to be operated by the law school and funded by the Corporation. Operation, etc., to be as agreed (4) The student legal aid services society shall be operated and shall provide legal aid services as provided in the agreement with the Corporation. Corporation may establish guidelines (5) The Corporation may establish guidelines and standards for the organization and operation of student legal aid services societies and for their provision of legal aid services. Funding withheld (6) The Corporation may cease to provide funding or may reduce the amount of funding to a student legal aid services society if it fails to comply with any provision of this Act or with the agreement with the Corporation or if it fails to meet the guidelines and standards established by the Corporation.  1998, c. 26, s. 21. Certificates
22 (1) The Corporation shall establish an area committee for each area established under section 15.  1998, c. 26, s. 22 (1). Functions (2) Area committees shall be responsible for the functions assigned to them under this Act and any additional functions assigned to them by the board of directors of the Corporation.  1998, c. 26, s. 22 (2). Area directors to be appointed (3) The Corporation shall appoint an area director for each area, who must be a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor.  1998, c. 26, s. 22 (3); 2006, c. 21, Sched. C, s. 115 (2). Area directors may be employees or contractors (4) An area director may be a part or full-time employee of the Corporation or may enter into a contract with the Corporation to provide his or her services as area director.  1998, c. 26, s. 22 (4). Functions of area directors (5) Every area director shall act as the secretary of the area committee of which he or she is area director and shall carry out the functions assigned to him or her by this Act and any additional functions assigned to him or her by the board of directors of the Corporation.  1998, c. 26, s. 22 (5). Area director not to provide legal services (6) An area director shall not render legal services to any applicant, except as may be authorized by the board of directors of the Corporation.  1998, c. 26, s. 22 (6). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 115 (2) - 1/05/2007
23 (1) The area directors may establish, in accordance with the regulations,  (a) panels of lawyers who maintain an office or have an established practice in the area and who agree to accept certificates to provide legal aid services; (b) panels of service-providers who maintain an office or have an established practice in the area and who agree to accept certificates to provide legal aid services other than legal services; (c) such other panels of lawyers and service-providers as the area director may consider appropriate. Same (2) A panel may be subdivided as determined by the Corporation.  1998, c. 26, s. 23.
24 (1) Every application for a certificate shall be made and decided in a manner approved by the Corporation.  2006, c. 19, Sched. B, s. 12. Residents and non-residents (2) The Corporation may approve different manners of making and deciding applications with respect to, (a) individuals who are ordinarily resident in Ontario; and (b) individuals who are not ordinarily resident in Ontario.  2006, c. 19, Sched. B, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. B, s. 12 - 22/06/2006
25 (1) The area director may issue a certificate to an applicant if the area director is of the opinion, based on the prescribed financial eligibility requirements, the report on the applicant’s ability to contribute made under section 42, if any, and the policies and priorities established by the Corporation under section 12, that the issue of a certificate is justified. Same (2) Subject to subsections (3) and 26 (1), and whether or not a provisional certificate has been issued, the area director shall not issue a certificate until he or she has received the report on the applicant’s ability to contribute. Same (3) Where the area director is satisfied that the applicant cannot make any contribution towards the cost of the legal aid services applied for, the area director may issue a certificate under subsection (1) without requiring a report on the applicant’s ability to contribute. Reference to area committee (4) Where the area director is of the opinion that it is not appropriate for him or her to determine whether a certificate should be issued in any particular application, the area director shall refer the application and the supporting material to the area committee. Same (5) Where the area director is of the opinion that the issue of a certificate may be justified but the applicant does not meet the prescribed financial eligibility requirements, the area director may refer the application and the supporting material to the area committee.  1998, c. 26, s. 25.
26 (1) Where the area director is of the opinion that 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 on the applicant’s ability to contribute. Limitations (2) A provisional certificate may authorize only such legal aid services as may be necessary to protect the applicant’s rights until a report on the applicant’s ability to contribute, if it is required, can be prepared and reviewed by the area director or, in those cases to be determined by the area committee, until the decision of the area committee has been received. Same (3) A provisional certificate may authorize its holder to obtain a legal opinion letter.  1998, c. 26, s. 26.
27 Subject to the approval of the president of the Corporation, the area director may issue a certificate that permits a lawyer or service-provider to provide legal aid services to a group of individuals.  1998, c. 26, s. 27.
28 (1) An area director may issue a certificate only with the approval of the area committee in respect of the following: 1. An appeal proceeding. 2. A proceeding by way of mandamus, quo warranto, certiorari, motion to quash, habeas corpus or prohibition. 3. Any matter referred to the area committee under subsection 25 (4) or (5). Same (2) The area director shall refer an application for a certificate in respect of a proceeding described in paragraph 1 or 2 of subsection (1), and the supporting material, to the area committee. Area committee to determine issuance of certificate (3) The area committee shall determine whether to issue a certificate in the case of an application referred to it, in accordance with the policies and priorities established by the Corporation under section 12. Area director to issue certificate (4) An area director may issue a certificate in respect of any matter referred by the area director to the area committee with the approval of the area committee. Later applications (5) Failure to have previously applied for a certificate or refusal to be issued a certificate in a previous application does not bar an application for a certificate in respect of a proceeding described in paragraph 1 or 2 of subsection (1). Services provided under Court of Appeal or Supreme Court request (6) The Corporation may issue a certificate to an individual who is an appellant or respondent in a criminal appeal if 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 individual be represented and has requested that counsel be appointed to represent him or her.  1998, c. 26, s. 28. Further powers of area director
29 (1) An area director may attach such terms and conditions as he or she considers appropriate upon the issuance of a certificate. Cancellation, amendment (2) An area director may at any time, subject to the regulations, amend or cancel a certificate he or she, or his or her predecessor, has issued.  1998, c. 26, s. 29. Appeals
30 (1) An appeal lies to the area committee from the refusal of the area director to issue a certificate or from the area director’s cancellation of a certificate. Appeal from area committee’s decision (2) A further appeal lies to the officer or employee of the Corporation designated by the board of directors of the Corporation from the decision of the area committee dismissing an appeal under subsection (1) or refusing to approve the issuance of a certificate under subsection 28 (3). Area director not to participate in appeal (3) An area director shall not participate in any appeal from a decision made by him or her except to provide information on the application, to explain the reasons for his or her decision being appealed and to answer any questions from the members of the area committee respecting the application or decision.  1998, c. 26, s. 30.
31 (1) The Corporation shall pay every lawyer and service-provider who provides legal aid services pursuant to a certificate a fee for the services rendered, determined in accordance with the regulations, and an amount for proper disbursements, determined in accordance with the regulations. Verification of accounts (2) The Corporation may request information from the lawyer or service-provider in support of the account submitted by the lawyer or service-provider and the lawyer or service-provider shall provide the Corporation with the information requested. Appeal re accounts (3) A lawyer or service-provider who provides legal aid services pursuant to a certificate may appeal the Corporation’s determination of the lawyer’s or service-provider’s account in the manner set out in the regulations. Overpayments (4) Where the Corporation determines that a lawyer or service-provider has been overpaid by the Corporation for legal aid services, the Corporation may deduct the amount of the overpayment from any money payable by the Corporation to the lawyer or service-provider.  1998, c. 26, s. 31. Transition
32 (1) A certificate issued under the Legal Aid Act before this Part comes into force shall be deemed to have been issued under this Act on the day this Part comes into force. Re application for certificates (2) An application for a certificate made under the Legal Aid Act before its repeal but not finally determined before its repeal shall be decided in accordance with this Part. Re appeals (3) An appeal, in respect of a refusal to issue a certificate under the Legal Aid Act or in respect of an account submitted for professional services rendered pursuant to a certificate issued under that Act, commenced but not concluded before this Part comes into force shall be continued after this Part comes into force and shall be determined in accordance with the Legal Aid Act
and its regulations, despite their repeal and revocation, respectively.  1998, c. 26, s. 32. Clinics
33 (1) The Corporation may provide funding to a clinic to enable the clinic to provide legal aid services to low-income individuals or disadvantaged communities. Considerations (2) In deciding whether to provide funding to a clinic, the Corporation shall consider any matter it considers relevant to the decision, including, (a) the legal needs of the individuals or communities that the clinic will serve; (b) the cost-effectiveness and efficiency of providing legal aid services through the clinic; (c) the past performance of the clinic, if any, in meeting the legal needs of the individuals and communities that it served in a cost-effective and efficient manner. Same (3) In deciding whether to provide funding to a clinic, the Corporation may also consider the legal needs of other communities, funding applications by other clinics, the Corporation’s policies and priorities established under section 12, the financial resources of the Corporation and any other matter that the Corporation considers relevant.  1998, c. 26, s. 33.
34 (1) The Corporation may agree to provide funding to a clinic for a period of up to three years  Subsequent funding agreements (2) The Corporation may agree to provide funding to a clinic for subsequent periods of up to three years each. Additional funding (3) The Corporation may provide additional funding for a particular case or project to a clinic at any time during a funding period. Funding for prior period (4) The Corporation may provide funding to a clinic in respect of a period before the funding decision is made. Conditions (5) The Corporation may impose any terms and conditions on the funding of a clinic that it considers appropriate, including, (a) that the members of the clinic and of the board of directors of the clinic are members of the community or communities served or to be served by the clinic; (b) that the clinic employ at least one lawyer in the clinic; (c) that some or all of the staff of the clinic undergo training specified by the Corporation; (d) that the clinic assess the eligibility of applications for legal aid services to be provided by it. Transition for funding applications (6) An application for funding by a clinic that was made to the Director of Legal Aid under the Legal Aid Act
but not yet decided before this Part comes into force shall be determined by the Corporation in accordance with this Part.  1998, c. 26, s. 34.
35 (1) An application for funding by a clinic shall be accompanied by information, as requested by the Corporation, respecting the organization, activities, methods of business and financial transactions of the clinic, and such other information that the Corporation may request. Review (2) An application for funding by a clinic shall be reviewed by an officer or employee of the Corporation designated by the board of directors of the Corporation. Decision (3) The designated person may make a decision in respect of the application or may refer the application to the clinic committee for further review. Reasons for referral to clinic committee (4) If an application is referred to the clinic committee, the designated person shall provide the clinic with written reasons for the referral. Decision or referral back by clinic committee (5) The clinic committee shall consider an application referred to it and may make the decision in respect of the application itself or may refer the application back to the designated person with directions. Reasons for decision (6) If the clinic committee makes a decision in respect of the application, it shall provide the clinic with its decision, and reasons for it, in writing.  1998, c. 26, s. 35. 36 Repealed: 2020, c. 11, Sched. 14, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 14, s. 4 - 08/07/2020
37 (1) The Corporation shall monitor the operation of a clinic funded by it to determine whether the clinic is meeting the Corporation’s standards for the operation of clinics, and the Corporation may conduct audits of such clinic, as it considers necessary for that purpose  Reports to Corporation (2) A clinic funded by the Corporation shall provide the Corporation, in the form and at the times requested by the Corporation, (a) audited financial statements for the funding period; (b) a summary of the legal aid services provided by the clinic during the funding period, specifying the number of each type of case or proceeding handled by the clinic; (c) a summary of the complaints received by the clinic from individuals who received or were refused legal aid services from the clinic, and from persons affected by the legal aid services provided by the clinic and a description of the disposition of each such complaint; (d) any other financial or other information relating to the operation of the clinic that the Corporation may request. Confidential information withheld (3) The clinic may withhold from the information provided under clause (2) (c) any information that is confidential to an individual to whom the clinic has provided legal aid services, unless the individual consents to the disclosure or unless the information pertains to the financial eligibility of the individual to receive legal aid services. Corporation to have access to clinic records (4) For the purpose of verifying any information provided under clause (2) (b) or (d), the Corporation may require that the clinic provide the board of directors of the Corporation, or any person or persons designated by the board of directors of the Corporation, with access to the premises of the clinic at any reasonable time and to all its books, accounts, financial records, reports, files and documents, but the clinic may withhold any of them that is confidential to any individual to whom the clinic has provided legal aid services, unless the individual consents to such access, or unless the information pertains to the financial eligibility of the individual to receive legal aid services.  1998, c. 26, s. 37.
38 (1) If a clinic fails to comply with this Act or to meet the terms and conditions of its funding, the board of directors of the Corporation may direct the clinic to do anything that the board of directors of the Corporation considers appropriate to ensure that the clinic complies with this Act and the terms and conditions of its funding and, generally, for the more effective operation of the clinic. Request for reconsideration (2) The board of directors of the clinic may ask the board of directors of the Corporation to reconsider a direction issued by it and the board of directors of the Corporation may reconsider its direction and may confirm, vary or revoke the direction.  1998, c. 26, s. 38.
40 (1) The Corporation may require an applicant, as a condition to receiving legal aid services, to agree to contribute towards the costs for the legal aid services to be provided to the applicant, in an amount determined or to be determined in accordance with the regulations. Same, certificates (2) In the case of a certificate, the area director may require the applicant, or person responsible for the applicant, to agree as provided under subsection (1) upon the issuance of the certificate. Terms of agreement (3) An agreement under this section may provide for the times and manner of payment and for the payment of a prescribed rate of interest on overdue payments.  1998, c. 26, s. 40.
41 (1) The applicant shall provide the Corporation with the prescribed information and any other information that is necessary for the Corporation to determine his or her ability to contribute towards the costs of the legal aid services applied for and shall disclose any change in his or her financial circumstances upon the occurrence of the change. Same – certificate (2) In the case of an application for a certificate, the applicant, or a person responsible for the applicant, shall provide the person designated by the Corporation with the prescribed information and any other information that is necessary for the designated person to determine their ability to contribute towards the costs of the legal aid services applied for and shall disclose to the area director any change in their financial circumstances upon the occurrence of the change.  1998, c. 26, s. 41.
42 (1) The area director shall refer every application for a certificate to a person designated by the Corporation to investigate and report as to whether the applicant, or person responsible for the applicant, can make a contribution towards the costs of the legal aid services applied for. Exception (2) Subsection (1) does not apply where the area director is satisfied that the applicant, or person responsible for the applicant, cannot make any contribution towards the costs of the legal aid services applied for. Determination of ability to contribute (3) The person to whom the application for a certificate is referred shall consider the applicant’s and person responsible for the applicant’s income, disposable capital, indebtedness and requirements of persons dependent on them, and such other circumstances as are prescribed or as he or she considers to be relevant and that are disclosed in the application or that are ascertained after investigation. Report (4) The person to whom the application for a certificate is referred shall report to the area director as to whether the applicant, or person responsible for the applicant, can make any contribution towards the costs of the legal aid services applied for and the amount, if any, they are able to contribute. Reference back (5) The area director may, at any time before or after a certificate is issued, refer the report back to the person who made it, or to another designated person, for further investigation and reporting on the applicant’s, or person responsible for the applicant’s, ability to contribute. Subsequent determination (6) The area director may, at any time after a certificate is issued, require the applicant or person responsible for the applicant to agree to contribute towards the costs of the legal aid services provided or to be provided to the applicant, or to amend a prior agreement entered into with respect to the certificate if the area director is of the opinion that the applicant, or person responsible for the applicant, is able to contribute more or less towards the costs of the legal aid services than had been previously agreed.  1998, c. 26, s. 42. Disclosure of applicant information
43 (1) The Corporation or area director may give the information given by the applicant, or person responsible for the applicant, under section 41 or 42 to the lawyer or service-provider who is providing legal aid services to the applicant. Lawyer’s, service-provider’s obligation to disclose information (2) Where anything comes to the attention of the lawyer or service-provider which indicates that the applicant may have misrepresented his or her circumstances in applying for legal aid services, may have failed to make full disclosure of such circumstances or of any change in his or her circumstances and, accordingly, that the applicant may not have been entitled to the legal aid services on the terms provided or may no longer be entitled to the legal aid services on the terms provided, the lawyer or service-provider shall forthwith notify the Corporation or, in the case of a certificate, the area director. Same (3) Where legal aid services are provided to an applicant pursuant to a certificate, subsection (2) also applies in respect of a misrepresentation or failure to disclose by a person responsible for the applicant.  1998, c. 26, s. 43.
44 (1) Where anything comes to the attention of the board of directors of the Corporation which indicates that a person may not have discharged an obligation imposed under section 41 or 43, a person designated by the board may, on notice to the person, hold a hearing to determine whether any of the obligations have not been discharged. Same, certificates (2) Where anything comes to the attention of the area director which indicates that a person may not have discharged an obligation imposed under section 41 or 43, the area director may, on notice to the person, the applicant and the lawyer or service-provider, hold a hearing to determine whether any of the obligations have not been discharged. Legal aid services may be cancelled (3) If, after a hearing under subsection (1), the designated person finds that the person failed to discharge any obligation, the Corporation may cease to provide legal aid services to the applicant and may declare that, with respect to part or all of the legal aid services rendered, the applicant is not entitled to legal aid services, and the Corporation may recover from the applicant the amount that it has paid or is obligated to pay to the lawyer or service-provider. Same, certificates (4) If, after a hearing under subsection (2), the area director finds that the applicant or person responsible for the applicant failed to discharge any obligation, the area director may cancel the certificate and may declare that, with respect to part or all of the legal aid services rendered, the applicant is not entitled to legal aid services, and the Corporation may recover from the applicant the amount that it has paid or is obligated to pay to the lawyer or service-provider. Same (5) If, after a hearing under subsection (2), the area director finds that the lawyer or service-provider has knowingly failed to discharge any obligation, the area director may declare that, with respect to part or all of the legal aid services, the lawyer or service-provider is not entitled to payment by the Corporation and, if payment has already been made for such services, the Corporation may recover the amount it has paid for services rendered after the date of the failure to discharge the obligation.  1998, c. 26, s. 44.
45 (1) The amount that an applicant or person responsible for the applicant agrees to contribute towards the costs of the legal aid services given to the applicant shall be paid by the applicant or person responsible for the applicant, and is a debt owing to the Corporation and may be recovered in any court of competent jurisdiction.  1998, c. 26, s. 45 (1). Enforcement by court (2) If a person does not pay an amount that he or she agreed to contribute when it becomes due, the Corporation may issue a notice stating that the person is in default under this Act and setting out the amount owed to the Corporation.  1998, c. 26, s. 45 (2). Same (3) The Corporation may file the notice with the Superior Court of Justice or with the Small Claims Court and it shall be entered in the same way as an order of that court and is enforceable as such. Despite any other rule of the court, the Corporation may file the notice by mail and personal attendance at the court is not required.  1998, c. 26, s. 45 (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
46 (1) The costs awarded in any order made in favour of an individual who has received legal aid services are recoverable in the same manner and to the same extent as though awarded to an individual who has not received legal aid services. Same (2) Subsection (1) applies even if no part of the costs of the legal aid services received by the individual in whose favour the order is made has been contributed or is or will be contributed to the Corporation by the individual or by a person responsible for him or her. Same (3) Subsection (1) applies even if the costs so ordered are in excess of the total amount contributed or to be contributed to the Corporation by the individual, or by a person responsible for him or her, for the costs of the legal aid services received by the individual. Costs payable to Corporation (4) All costs ordered by a court to be paid to an individual who has received legal aid services are the property of the Corporation and shall be paid to the Corporation.  1998, c. 26, s. 46. Charges for recovery of legal aid costs