Acts and Regulations

L-2 - Legal Aid Act

Full text
Area Directors
4(1)The Law Society may establish a regional legal aid office for each area and may employ such clerical assistance as it considers necessary.
4(2)Subject to the approval of the Minister, the Law Society may appoint an area legal aid director to serve in each regional office established under subsection (1) and may establish the terms of employment of each.
4(3)An area director shall administer the plan in the area for which he is appointed subject to the directions of the Provincial Director to whom he shall be accountable for such administration.
4(3.1)The duties of an area director shall include
(a) the issuing of legal aid certificates,
(b) the preparation of lists of barristers serving on legal aid panels,
(c) the appointment of duty counsel to courts within the area,
(d) the approval of accounts for fees and disbursements of duty counsel, and
(e) such other functions as are assigned by this Part and the regulations.
4(4)Where an area director is unable to perform his duties the Provincial Director may appoint an acting area legal aid director to perform the functions of the area director.
4(5)Where the office of area director for an area is vacant the Provincial Director shall serve as the area director for that area and, for that purpose, the Provincial Director has all the powers and duties of an area director under this Part and the regulations.
4(6)Where the Provincial Director serves as the area director for an area in accordance with subsection (5), any reference in this Part and the regulations to an area director shall, for that purpose and for so long as the Provincial Director serves as the area director for that area, be construed as a reference to the Provincial Director.
4(7)Where the Provincial Director serves as the area director for an area in accordance with subsection (5), the Provincial Director may, subject to the approval of the Law Society, delegate to persons employed under subsection (1) in that area any of the powers and duties of an area director under this Part and the regulations.
4(8)Where the Provincial Director serves as the area director for an area in accordance with subsection (5), an appeal to the Provincial Director under section 13 by an applicant for a legal aid certificate in that area shall be referred by the Provincial Director to the Legal Aid Committee for its determination.
4(9)Subsections 13(4) and (5) apply, with the necessary modifications, in respect of an appeal referred under subsection (8) to the Legal Aid Committee.
4(10)Where the Legal Aid Committee determines in respect of an appeal referred to it under subsection (8) that a legal aid certificate ought to be issued or amended, the Provincial Director shall issue or amend the certificate accordingly.
1971, c.11, s.4; 1983, c.46, s.3; 1987, c.6, s.51; 1989, c.57, s.1; 1993, c.21, s.5
Area Directors
4(1)The Law Society may establish a regional legal aid office for each area and may employ such clerical assistance as it considers necessary.
4(2)Subject to the approval of the Minister, the Law Society may appoint an area legal aid director to serve in each regional office established under subsection (1) and may establish the terms of employment of each.
4(3)An area director shall administer the plan in the area for which he is appointed subject to the directions of the Provincial Director to whom he shall be accountable for such administration.
4(3.1)The duties of an area director shall include
(a) the issuing of legal aid certificates,
(b) the preparation of lists of barristers serving on legal aid panels,
(c) the appointment of duty counsel to courts within the area,
(d) the approval of accounts for fees and disbursements of duty counsel, and
(e) such other functions as are assigned by this Part and the regulations.
4(4)Where an area director is unable to perform his duties the Provincial Director may appoint an acting area legal aid director to perform the functions of the area director.
4(5)Where the office of area director for an area is vacant the Provincial Director shall serve as the area director for that area and, for that purpose, the Provincial Director has all the powers and duties of an area director under this Part and the regulations.
4(6)Where the Provincial Director serves as the area director for an area in accordance with subsection (5), any reference in this Part and the regulations to an area director shall, for that purpose and for so long as the Provincial Director serves as the area director for that area, be construed as a reference to the Provincial Director.
4(7)Where the Provincial Director serves as the area director for an area in accordance with subsection (5), the Provincial Director may, subject to the approval of the Law Society, delegate to persons employed under subsection (1) in that area any of the powers and duties of an area director under this Part and the regulations.
4(8)Where the Provincial Director serves as the area director for an area in accordance with subsection (5), an appeal to the Provincial Director under section 13 by an applicant for a legal aid certificate in that area shall be referred by the Provincial Director to the Legal Aid Committee for its determination.
4(9)Subsections 13(4) and (5) apply, with the necessary modifications, in respect of an appeal referred under subsection (8) to the Legal Aid Committee.
4(10)Where the Legal Aid Committee determines in respect of an appeal referred to it under subsection (8) that a legal aid certificate ought to be issued or amended, the Provincial Director shall issue or amend the certificate accordingly.
1971, c.11, s.4; 1983, c.46, s.3; 1987, c.6, s.51; 1989, c.57, s.1; 1993, c.21, s.5