56(1)Subject to subsections (2) to (40), sections 10 to 21 are adopted for the purposes of this Part and apply to the provision of legal aid and the administration of the plan.
56(2)Subject to subsections (4), (5), (6), (8), (11), (15), (16), (17), (20), (22), (23), (25), (31), (34), (35) and (37), references to “area director” in the provisions adopted under subsection (1) shall be read as “employee for an area”.
56(3)Subject to subsections (6), (7), (17), (19), (34), (35) and (37), references to “Provincial Director” in the provisions adopted under subsection (1) shall be read as “Executive Director”.
56(4)The reference to “in a manner and form prescribed in the regulations to the area director for the area” in subsection 11(1), as adopted under subsection (1), shall be read as “in the manner prescribed by regulation to an employee for the area”.
56(5)The reference to “area director” in subsection 11(3), as adopted under subsection (1), shall be read as “employee for an area”.
56(6)The reference to “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” in subsection 11(4), as adopted under subsection (1), shall be read as “The Executive Director or an employee for an area may cancel a legal aid certificate issued by him or her or by a former employee for that area where he or she is satisfied that”.
56(7)Subsection 11(5), as adopted under subsection (1), shall be read as follows:
11(5)Where a legal aid certificate is cancelled, the applicant, unless exempted from this provision by the Executive Director on the ground that its application would prove unjust as against the applicant, shall reimburse the Commission for the cost to the Commission of providing legal aid to the applicant up to the time at which the certificate is cancelled, and the amount payable is a debt owing to the Commission.
56(8)Subsection 11(6), as adopted under subsection (1), shall be read as follows:
11(6)If an employee for an area 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 employee 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 employee.
56(9)Subsection 11(7), as adopted under subsection (1), shall be read as follows:
11(7)The amount that an applicant agrees to pay under subsection (6) is a debt owing to the Commission; however, where at any time such amount exceeds the cost to the Commission 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 Commission of providing legal aid to the applicant.
56(10)The reference to “Law Society” in subsection 11(8), as adopted under subsection (1), shall be read as “Commission”.
56(11)The references to “or an area director” and “or the area director” in subsection 11(9), as adopted under subsection (1), shall be read as “or an employee for an area” and “or the employee”, respectively.
56(12)The references to “Law Society” in paragraphs 11(10)(a) and (b), as adopted under subsection (1), shall be read as “Commission”.
56(13)The reference to “established by the Law Society” in subsection 12(1), as adopted under subsection (1), shall be read as “established under this Part and the regulations”.
56(14)An employee shall not act under subsection 12(4), paragraph 12(6)(b) and subsections 12(7) and (8), as adopted under subsection (1), unless the employee has a current legal opinion pertaining to the proceeding or matter preliminary to an anticipated proceeding.
56(15)The references to “area director” in subsection 12(5), as adopted under subsection (1), shall be read as “Executive Director”.
56(16)The reference to “the area director” in paragraph 12(6)(b), as adopted under subsection (1), shall be read as “that employee”.
56(17)Subsection 12(10), as adopted under subsection (1), shall be read as follows:
12(10)Except where in the opinion of an employee for an area the circumstances of an application require the immediate issue or amendment of a legal aid certificate, the employee shall not issue or amend a legal aid certificate to authorize legal aid in respect of paragraph (1)(g) unless
(a)
the applicant has included in his or her application
(i)
the opinion of a solicitor as to the advisability of instituting or defending an appeal,
(ii)
a copy of the order or judgment appealed from, and
(iii)
such other information as the employee requires,
(b)
the employee considers that it is reasonable that the appeal be instituted or defended,
(c)
the employee has submitted the application to the area committee for that area, if one has been established, or to the Executive Director, if an area committee has not been established for that area, and
(d)
the area committee or the Executive Director, as the case may be, has approved the issuing or amending of a legal aid certificate.
56(18)The reference to “the Law Society, with the approval of the Minister, may from time to time” in subsection 12(13), as adopted under subsection (1), shall be read as “the Executive Director, with the approval of the Board, may from time to time”.
56(19)Subsection 12(14), as adopted under subsection (1), shall be read as follows:
12(14)Where the Executive Director is of the opinion that the Legal Aid Fund is in danger of being depleted, he or she may, with the approval of the Board after the Board has consulted with the Minister, limit the provision of legal aid in proceedings or matters included in paragraphs (1)(c) to (g) and subsection (2).
56(20)Subsection 13(4), as adopted under subsection (1), shall be read without reference to “by the area director”.
56(21)The reference to “comité d’aide juridique” in subsection 13(6) of the French version, as adopted under subsection (1), shall be read as “Comité d’aide juridique”.
56(22)The reference to “the area director” in subsection 13(7), as adopted under subsection (1), shall be read as “an employee for the area”.
56(23)The reference to “the area director of that area” in subsection 14(1), as adopted under subsection (1), shall be read as “an employee for that area”.
56(24)Section 14, as adopted under subsection (1), shall be read without reference to subsection 14(6).
56(25)Section 14.1, as adopted under subsection (1), shall be read as follows:
14.1If a barrister and solicitor has been employed by the Commission or appointed or contracted with under section 41 for the provision of legal aid, an employee may require the holder of a legal aid certificate to retain that barrister or solicitor, in which case subsections 14(3), (4) and (7) do not apply.
56(26)The reference to “avocat ou un procureur” in subsection 15(1) of the French version, as adopted under subsection (1), shall be read as “avocat”.
56(27)Section 15, as adopted under subsection (1), shall be read without reference to subsection 15(2.1).
56(28)References to “Law Society” in subsections 16(1), (3), (4), (6) and (7), as adopted under subsection (1), shall be read as “Commission”.
56(29)The reference to “Law Society” in subsection 16(9), as adopted under subsection (1), shall be read as “Commission”.
56(30)References to “Law Society” in subsections 16.1(4) and (5), as adopted under subsection (1), shall be read as “Commission”.
56(31)The reference to “area director” in subsection 16.2(1), as adopted under subsection (1), shall be read as “employee for an area”.
56(32)The reference to “Law Society” in section 17.1, as adopted under subsection (1), shall be read as “Executive Director”.
56(33)Section 18, as adopted under subsection (1), shall be read as follows:
18The Commission is not liable for any act or omission of any barrister or solicitor who is appointed or contracted with under section 41 and who provides professional services under this Part.
56(34)Section 19, as adopted under subsection (1), shall be read as follows:
19Communications between an applicant for legal aid, on the one hand, and the Executive Director, a member of the Board, a member of the Legal Aid Committee, a duty counsel, a member of an area committee, an employee or a person appointed or contracted with under section 41, on the other hand, which would be privileged if made between a client and his or her solicitor, are privileged in the same manner and to the same extent as solicitor and client communications.
56(35)Section 19.1, as adopted under subsection (1), shall be read as follows:
19.1(1)Notwithstanding section 19, where the Legal Aid Committee conducts an investigation under section 50, the Legal Aid Committee may require the Executive Director, a member of the Board, a member of the Legal Aid Committee, a duty counsel, a member of an area committee, an employee and a person appointed or contracted with under section 41 to disclose to it any communication referred to in section 19.
19.1(2)No member of the Legal Aid Committee shall
(a)
disclose, publish or communicate to any person any application, report, statement, record, document or other information provided under subsection 50(2) or any communication disclosed under subsection (1), or
(b)
use such application, report, statement, record, document or other information or communication except for the purposes of subsections 50(1) and (3).
56(36)Paragraph 20(b), as adopted under subsection (1), shall be read as follows:
(b)
prescribing oaths of office and secrecy as conditions of appointment, employment or entering into a contract under this Part;
56(37)Paragraph 20(c), as adopted under subsection (1), shall be read as follows:
(c)
respecting the functions of the Executive Director, duty counsel and other persons appointed, employed or contracted with for the purposes of this Part;
56(38)Section 20, as adopted under subsection (1), shall be read without reference to paragraph 20(q).
56(39)Paragraph 20(r.1), as adopted under subsection (1), shall be read as follows:
(r.1)
respecting the provision of legal aid by barristers and solicitors appointed or contracted with under section 41;
56(40)Section 20, as adopted under subsection (1), shall be read without reference to paragraph 20(t).
56(1)Subject to subsections (2) to (40), sections 10 to 21 are adopted for the purposes of this Part and apply to the provision of legal aid and the administration of the plan.
56(2)Subject to subsections (4), (5), (6), (8), (11), (15), (16), (17), (20), (22), (23), (25), (31), (34), (35) and (37), references to “area director” in the provisions adopted under subsection (1) shall be read as “employee for an area”.
56(3)Subject to subsections (6), (7), (17), (19), (34), (35) and (37), references to “Provincial Director” in the provisions adopted under subsection (1) shall be read as “Executive Director”.
56(4)The reference to “in a manner and form prescribed in the regulations to the area director for the area” in subsection 11(1), as adopted under subsection (1), shall be read as “in the manner prescribed by regulation to an employee for the area”.
56(5)The reference to “area director” in subsection 11(3), as adopted under subsection (1), shall be read as “employee for an area”.
56(6)The reference to “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” in subsection 11(4), as adopted under subsection (1), shall be read as “The Executive Director or an employee for an area may cancel a legal aid certificate issued by him or her or by a former employee for that area where he or she is satisfied that”.
56(7)Subsection 11(5), as adopted under subsection (1), shall be read as follows:
11(5)Where a legal aid certificate is cancelled, the applicant, unless exempted from this provision by the Executive Director on the ground that its application would prove unjust as against the applicant, shall reimburse the Commission for the cost to the Commission of providing legal aid to the applicant up to the time at which the certificate is cancelled, and the amount payable is a debt owing to the Commission.
56(8)Subsection 11(6), as adopted under subsection (1), shall be read as follows:
11(6)If an employee for an area 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 employee 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 employee.
56(9)Subsection 11(7), as adopted under subsection (1), shall be read as follows:
11(7)The amount that an applicant agrees to pay under subsection (6) is a debt owing to the Commission; however, where at any time such amount exceeds the cost to the Commission 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 Commission of providing legal aid to the applicant.
56(10)The reference to “Law Society” in subsection 11(8), as adopted under subsection (1), shall be read as “Commission”.
56(11)The references to “or an area director” and “or the area director” in subsection 11(9), as adopted under subsection (1), shall be read as “or an employee for an area” and “or the employee”, respectively.
56(12)The references to “Law Society” in paragraphs 11(10)(a) and (b), as adopted under subsection (1), shall be read as “Commission”.
56(13)The reference to “established by the Law Society” in subsection 12(1), as adopted under subsection (1), shall be read as “established under this Part and the regulations”.
56(14)An employee shall not act under subsection 12(4), paragraph 12(6)(b) and subsections 12(7) and (8), as adopted under subsection (1), unless the employee has a current legal opinion pertaining to the proceeding or matter preliminary to an anticipated proceeding.
56(15)The references to “area director” in subsection 12(5), as adopted under subsection (1), shall be read as “Executive Director”.
56(16)The reference to “the area director” in paragraph 12(6)(b), as adopted under subsection (1), shall be read as “that employee”.
56(17)Subsection 12(10), as adopted under subsection (1), shall be read as follows:
12(10)Except where in the opinion of an employee for an area the circumstances of an application require the immediate issue or amendment of a legal aid certificate, the employee shall not issue or amend a legal aid certificate to authorize legal aid in respect of paragraph (1)(g) unless
(a)
the applicant has included in his or her application
(i)
the opinion of a solicitor as to the advisability of instituting or defending an appeal,
(ii)
a copy of the order or judgment appealed from, and
(iii)
such other information as the employee requires,
(b)
the employee considers that it is reasonable that the appeal be instituted or defended,
(c)
the employee has submitted the application to the area committee for that area, if one has been established, or to the Executive Director, if an area committee has not been established for that area, and
(d)
the area committee or the Executive Director, as the case may be, has approved the issuing or amending of a legal aid certificate.
56(18)The reference to “the Law Society, with the approval of the Minister, may from time to time” in subsection 12(13), as adopted under subsection (1), shall be read as “the Executive Director, with the approval of the Board, may from time to time”.
56(19)Subsection 12(14), as adopted under subsection (1), shall be read as follows:
12(14)Where the Executive Director is of the opinion that the Legal Aid Fund is in danger of being depleted, he or she may, with the approval of the Board after the Board has consulted with the Minister, limit the provision of legal aid in proceedings or matters included in paragraphs (1)(c) to (g) and subsection (2).
56(20)Subsection 13(4), as adopted under subsection (1), shall be read without reference to “by the area director”.
56(21)The reference to “comité d’aide juridique” in subsection 13(6) of the French version, as adopted under subsection (1), shall be read as “Comité d’aide juridique”.
56(22)The reference to “the area director” in subsection 13(7), as adopted under subsection (1), shall be read as “an employee for the area”.
56(23)The reference to “the area director of that area” in subsection 14(1), as adopted under subsection (1), shall be read as “an employee for that area”.
56(24)Section 14, as adopted under subsection (1), shall be read without reference to subsection 14(6).
56(25)Section 14.1, as adopted under subsection (1), shall be read as follows:
14.1If a barrister and solicitor has been employed by the Commission or appointed or contracted with under section 41 for the provision of legal aid, an employee may require the holder of a legal aid certificate to retain that barrister or solicitor, in which case subsections 14(3), (4) and (7) do not apply.
56(26)The reference to “avocat ou un procureur” in subsection 15(1) of the French version, as adopted under subsection (1), shall be read as “avocat”.
56(27)Section 15, as adopted under subsection (1), shall be read without reference to subsection 15(2.1).
56(28)References to “Law Society” in subsections 16(1), (3), (4), (6) and (7), as adopted under subsection (1), shall be read as “Commission”.
56(29)The reference to “Law Society” in subsection 16(9), as adopted under subsection (1), shall be read as “Commission”.
56(30)References to “Law Society” in subsections 16.1(4) and (5), as adopted under subsection (1), shall be read as “Commission”.
56(31)The reference to “area director” in subsection 16.2(1), as adopted under subsection (1), shall be read as “employee for an area”.
56(32)The reference to “Law Society” in section 17.1, as adopted under subsection (1), shall be read as “Executive Director”.
56(33)Section 18, as adopted under subsection (1), shall be read as follows:
18The Commission is not liable for any act or omission of any barrister or solicitor who is appointed or contracted with under section 41 and who provides professional services under this Part.
56(34)Section 19, as adopted under subsection (1), shall be read as follows:
19Communications between an applicant for legal aid, on the one hand, and the Executive Director, a member of the Board, a member of the Legal Aid Committee, a duty counsel, a member of an area committee, an employee or a person appointed or contracted with under section 41, on the other hand, which would be privileged if made between a client and his or her solicitor, are privileged in the same manner and to the same extent as solicitor and client communications.
56(35)Section 19.1, as adopted under subsection (1), shall be read as follows:
19.1(1)Notwithstanding section 19, where the Legal Aid Committee conducts an investigation under section 50, the Legal Aid Committee may require the Executive Director, a member of the Board, a member of the Legal Aid Committee, a duty counsel, a member of an area committee, an employee and a person appointed or contracted with under section 41 to disclose to it any communication referred to in section 19.
19.1(2)No member of the Legal Aid Committee shall
(a)
disclose, publish or communicate to any person any application, report, statement, record, document or other information provided under subsection 50(2) or any communication disclosed under subsection (1), or
(b)
use such application, report, statement, record, document or other information or communication except for the purposes of subsections 50(1) and (3).
56(36)Paragraph 20(b), as adopted under subsection (1), shall be read as follows:
(b)
prescribing oaths of office and secrecy as conditions of appointment, employment or entering into a contract under this Part;
56(37)Paragraph 20(c), as adopted under subsection (1), shall be read as follows:
(c)
respecting the functions of the Executive Director, duty counsel and other persons appointed, employed or contracted with for the purposes of this Part;
56(38)Section 20, as adopted under subsection (1), shall be read without reference to paragraph 20(q).
56(39)Paragraph 20(r.1), as adopted under subsection (1), shall be read as follows:
(r.1)
respecting the provision of legal aid by barristers and solicitors appointed or contracted with under section 41;
56(40)Section 20, as adopted under subsection (1), shall be read without reference to paragraph 20(t).