Acts and Regulations

2014, c.26 - Legal Aid Act

Section 27
Disposition versions

Full text
Application for legal aid services
27(1)An application for legal aid services may be made to an employee 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 services are required arises or in which the legal services required are to be performed.
27(2)An employee for an area
(a) shall investigate the circumstances of an applicant in the manner he or she considers appropriate,
(b) shall require an applicant to provide any information prescribed by the regulations and to declare the truth of the information provided,
(c) shall determine whether an applicant can pay no part, some part or the whole of the cost of the legal aid services applied for and the sum, if any, that an applicant is able to contribute toward their cost, and
(d) may, under section 28, issue a legal aid certificate on the terms that are, in his or her opinion, warranted by the circumstances.
27(3)In making a determination under paragraph (2)(c), an employee for an area shall comply with the rules for determining financial eligibility that are prescribed in the regulations.
27(3.1)Despite subsection (3), an employee may depart from the rules for determining financial eligibility with the prior approval of the Executive Director.
27(4)If an employee for an area determines that the applicant can pay some part of the cost of the legal aid services 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 the conditions and at the time set by the employee.
27(5)The amount that an applicant agrees to pay under subsection (4) is a debt owing to the Commission; however, if at any time that amount exceeds the cost to the Commission of providing legal aid services 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 services to the applicant.
27(5.1)If the amount that an applicant pays exceeds the cost to the Commission of providing legal aid services to the applicant, the Commission shall refund to the applicant the amount of the overpayment.
27(6)For the purposes of this section, the cost to the Commission of providing legal aid services to an applicant is the amount payable by the Commission to a lawyer in respect of legal aid services provided to the applicant.
27(7)The Executive Director or an employee for an area may require, as a condition of the employee issuing a legal aid certificate under section 28, that the applicant secure a debt referred to in subsection (5) by depositing with the Executive Director the security that is authorized by the regulations and considered appropriate and reasonable by the Executive Director or the employee, as the case may be.
2016, c.42, s.4
Application for legal aid services
27(1)An application for legal aid services may be made to an employee 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 services are required arises or in which the legal services required are to be performed.
27(2)An employee for an area
(a) shall investigate the circumstances of an applicant in the manner he or she considers appropriate,
(b) shall require an applicant to provide any information prescribed by the regulations and to declare the truth of the information provided,
(c) shall determine whether an applicant can pay no part, some part or the whole of the cost of the legal aid services applied for and the sum, if any, that an applicant is able to contribute toward their cost, and
(d) may, under section 28, issue a legal aid certificate on the terms that are, in his or her opinion, warranted by the circumstances.
27(3)In making a determination under paragraph (2)(c), an employee for an area shall comply with the rules for determining financial eligibility that are prescribed in the regulations.
27(3.1)Despite subsection (3), an employee may depart from the rules for determining financial eligibility with the prior approval of the Executive Director.
27(4)If an employee for an area determines that the applicant can pay some part of the cost of the legal aid services 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 the conditions and at the time set by the employee.
27(5)The amount that an applicant agrees to pay under subsection (4) is a debt owing to the Commission; however, if at any time that amount exceeds the cost to the Commission of providing legal aid services 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 services to the applicant.
27(5.1)If the amount that an applicant pays exceeds the cost to the Commission of providing legal aid services to the applicant, the Commission shall refund to the applicant the amount of the overpayment.
27(6)For the purposes of this section, the cost to the Commission of providing legal aid services to an applicant is the amount payable by the Commission to a lawyer in respect of legal aid services provided to the applicant.
27(7)The Executive Director or an employee for an area may require, as a condition of the employee issuing a legal aid certificate under section 28, that the applicant secure a debt referred to in subsection (5) by depositing with the Executive Director the security that is authorized by the regulations and considered appropriate and reasonable by the Executive Director or the employee, as the case may be.
2016, c.42, s.4
Application for legal aid services
27(1)An application for legal aid services may be made in a manner prescribed by regulation to an employee 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 services are required arises or in which the legal services required are to be performed.
27(2)An employee for an area
(a) shall investigate the circumstances of an applicant in the manner he or she considers appropriate,
(b) shall require an applicant to provide any information prescribed by the regulations and to declare under oath the truth of the information provided,
(c) shall determine whether an applicant can pay no part, some part or the whole of the cost of the legal aid services applied for and the sum, if any, that an applicant is able to contribute toward their cost, and
(d) may, under section 28, issue a legal aid certificate on the terms that are, in his or her opinion, warranted by the circumstances.
27(3)In making a determination under paragraph (2)(c), an employee for an area shall comply with the rules for determining financial eligibility that are prescribed in the regulations.
27(4)If an employee for an area determines that the applicant can pay some part of the cost of the legal aid services 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 the conditions and at the time set by the employee.
27(5)The amount that an applicant agrees to pay under subsection (4) is a debt owing to the Commission; however, if at any time that amount exceeds the cost to the Commission of providing legal aid services 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 services to the applicant.
27(6)For the purposes of this section, the cost to the Commission of providing legal aid services to an applicant is the amount payable by the Commission to a lawyer in respect of legal aid services provided to the applicant.
27(7)The Executive Director or an employee for an area may require, as a condition of the employee issuing a legal aid certificate under section 28, that the applicant secure a debt referred to in subsection (5) by depositing with the Executive Director the security that is authorized by the regulations and considered appropriate and reasonable by the Executive Director or the employee, as the case may be.