Acts and Regulations

L-2 - Legal Aid Act

Section 11
Disposition versions

Full text
Legal aid certificates
11(1)An application for legal aid may be made in a manner and form prescribed in the regulations to the area director for the area in which the applicant resides at the time the application is made, in which the matter or proceeding for which legal aid is required arises or in which the legal services required are to be performed.
11(2)An area director
(a) shall investigate the circumstances of an applicant in such manner as he deems appropriate,
(b) shall require an applicant to provide such information as is prescribed by the regulations and to declare under oath the truth of the information disclosed,
(c) shall determine whether an applicant can pay no part, some part or the whole of the cost of the legal aid applied for and the sum, if any, that an applicant is able to contribute toward the cost thereof, and
(d) may issue a legal aid certificate on such terms as, in his opinion, are warranted by the circumstances.
11(3)In making a determination under paragraph 2(c), an area director shall comply with such rules for determining financial eligibility as are prescribed in the regulations.
11(4)The Provincial Director or an area director may cancel a legal aid certificate issued by him or by a former area director for that area where he is satisfied that
(a) the legal aid certificate ought not to have been issued,
(b) the applicant has made a false statement or has concealed information in applying for legal aid, or
(c) because of changed circumstances since the date of issue of the certificate, the benefits of this Part ought not to be extended to the applicant.
11(5)Where a legal aid certificate is cancelled, the applicant, unless exempted from this provision by the Provincial Director on the ground that its application would prove unjust as against the applicant, shall reimburse the Law Society for the cost to the Law Society of providing legal aid to the applicant up to the time at which the certificate is cancelled, and the amount payable is debt owing to the Law Society.
11(6)Where an area director determines that the applicant can pay some part of the cost of the legal aid applied for, and the applicant does not pay that part of the cost at that time, the area director shall require the applicant to enter into a written agreement to pay that part of the cost under such conditions and at such time as may be set by the area director.
11(7)The amount that an applicant agrees to pay under subsection (6) is a debt owing to the Law Society; however where at any time such amount exceeds the cost to the Law Society of providing legal aid to the applicant the debt shall at that time be deemed to be an amount equal to the cost to the Law Society of providing legal aid to the applicant.
11(8)For the purposes of this section, the cost to the Law Society of providing legal aid to an applicant is the amount, if any, payable to a solicitor under this Part and the regulations in respect of legal aid to the applicant.
11(9)The Provincial Director or an area director may require, as a condition of issuing a legal aid certificate, that the applicant secure a debt referred to in subsection (7) by depositing with the Provincial Director such security as is authorized by the regulations and as is deemed appropriate and reasonable by the Provincial Director or the area director, as the case may be.
11(10)Where a legal aid certificate is cancelled under subsection (4) of this section or expires under subsection 14(5), or where all duties imposed by this Part and the regulations with respect to that legal aid certificate have been discharged
(a) any portion of the contribution already paid by the applicant that exceeds the amount of a debt owing to the Law Society shall be refunded to the applicant, and
(b) such portion of any security taken as is no longer necessary for securing a debt owing to the Law Society shall be returned to the applicant unless, in the opinion of the Provincial Director, it would be impractical or unreasonable to release the security in whole or in part.
1971, c.11, s.11; 1983, c.46, s.4; 1987, c.6, s.51; 1993, c.21, s.11; 1994, c.45, s.3
Legal aid certificates
11(1)An application for legal aid may be made in a manner and form prescribed in the regulations to the area director for the area in which the applicant resides at the time the application is made, in which the matter or proceeding for which legal aid is required arises or in which the legal services required are to be performed.
11(2)An area director
(a) shall investigate the circumstances of an applicant in such manner as he deems appropriate,
(b) shall require an applicant to provide such information as is prescribed by the regulations and to declare under oath the truth of the information disclosed,
(c) shall determine whether an applicant can pay no part, some part or the whole of the cost of the legal aid applied for and the sum, if any, that an applicant is able to contribute toward the cost thereof, and
(d) may issue a legal aid certificate on such terms as, in his opinion, are warranted by the circumstances.
11(3)In making a determination under paragraph 2(c), an area director shall comply with such rules for determining financial eligibility as are prescribed in the regulations.
11(4)The Provincial Director or an area director may cancel a legal aid certificate issued by him or by a former area director for that area where he is satisfied that
(a) the legal aid certificate ought not to have been issued,
(b) the applicant has made a false statement or has concealed information in applying for legal aid, or
(c) because of changed circumstances since the date of issue of the certificate, the benefits of this Part ought not to be extended to the applicant.
11(5)Where a legal aid certificate is cancelled, the applicant, unless exempted from this provision by the Provincial Director on the ground that its application would prove unjust as against the applicant, shall reimburse the Law Society for the cost to the Law Society of providing legal aid to the applicant up to the time at which the certificate is cancelled, and the amount payable is debt owing to the Law Society.
11(6)Where an area director determines that the applicant can pay some part of the cost of the legal aid applied for, and the applicant does not pay that part of the cost at that time, the area director shall require the applicant to enter into a written agreement to pay that part of the cost under such conditions and at such time as may be set by the area director.
11(7)The amount that an applicant agrees to pay under subsection (6) is a debt owing to the Law Society; however where at any time such amount exceeds the cost to the Law Society of providing legal aid to the applicant the debt shall at that time be deemed to be an amount equal to the cost to the Law Society of providing legal aid to the applicant.
11(8)For the purposes of this section, the cost to the Law Society of providing legal aid to an applicant is the amount, if any, payable to a solicitor under this Part and the regulations in respect of legal aid to the applicant.
11(9)The Provincial Director or an area director may require, as a condition of issuing a legal aid certificate, that the applicant secure a debt referred to in subsection (7) by depositing with the Provincial Director such security as is authorized by the regulations and as is deemed appropriate and reasonable by the Provincial Director or the area director, as the case may be.
11(10)Where a legal aid certificate is cancelled under subsection (4) of this section or expires under subsection 14(5), or where all duties imposed by this Part and the regulations with respect to that legal aid certificate have been discharged
(a) any portion of the contribution already paid by the applicant that exceeds the amount of a debt owing to the Law Society shall be refunded to the applicant, and
(b) such portion of any security taken as is no longer necessary for securing a debt owing to the Law Society shall be returned to the applicant unless, in the opinion of the Provincial Director, it would be impractical or unreasonable to release the security in whole or in part.
1971, c.11, s.11; 1983, c.46, s.4; 1987, c.6, s.51; 1993, c.21, s.11; 1994, c.45, s.3