Acts and Regulations

2014, c.26 - Legal Aid Act

Section 31
Disposition versions

Full text
Cancellation of legal aid certificates
31(1)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 if he or she is satisfied that
(a) the certificate ought not to have been issued,
(b) the holder of the certificate has made a false statement or has concealed information in applying for legal aid services, or
(c) because of changed circumstances since the date of issue of the certificate, the benefits of this Act ought not to be extended to the holder of the certificate.
31(2)If a legal aid certificate is cancelled, the holder of the certificate, unless exempted from this subsection by the Executive Director on the ground that its application would prove unjust as against the holder, shall reimburse the Commission for the cost to the Commission of providing legal aid services to the holder up to the time at which the certificate is cancelled, and the amount payable is a debt owing to the Commission.
31(3)For the purposes of this section, the cost to the Commission of providing legal aid services to a holder of a legal aid certificate is the amount payable by the Commission to a lawyer in respect of legal aid services provided to the holder.
31(4)If a legal aid certificate is cancelled under subsection (1) or expires under subsection 33(5), or if all duties imposed by this Act and the regulations with respect to that legal aid certificate have been discharged,
(a) any portion of the contribution already paid by the holder of the certificate that exceeds the amount of a debt owing to the Commission shall be refunded to the holder, and
(b) the portion of any security taken that is no longer necessary for securing a debt owing to the Commission shall be returned to the holder of the certificate unless, in the opinion of the Executive Director, it would be impractical or unreasonable to release the security in whole or in part.
2016, c.42, s.6
Cancellation of legal aid certificates
31(1)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 if he or she is satisfied that
(a) the certificate ought not to have been issued,
(b) the holder of the certificate has made a false statement or has concealed information in applying for legal aid services, or
(c) because of changed circumstances since the date of issue of the certificate, the benefits of this Act ought not to be extended to the holder of the certificate.
31(2)If a legal aid certificate is cancelled, the holder of the certificate, unless exempted from this subsection by the Executive Director on the ground that its application would prove unjust as against the holder, shall reimburse the Commission for the cost to the Commission of providing legal aid services to the holder up to the time at which the certificate is cancelled, and the amount payable is a debt owing to the Commission.
31(3)For the purposes of this section, the cost to the Commission of providing legal aid services to a holder of a legal aid certificate is the amount payable by the Commission to a lawyer in respect of legal aid services provided to the holder.
31(4)If a legal aid certificate is cancelled under subsection (1) or expires under subsection 33(5), or if all duties imposed by this Act and the regulations with respect to that legal aid certificate have been discharged,
(a) any portion of the contribution already paid by the holder of the certificate that exceeds the amount of a debt owing to the Commission shall be refunded to the holder, and
(b) the portion of any security taken that is no longer necessary for securing a debt owing to the Commission shall be returned to the holder of the certificate unless, in the opinion of the Executive Director, it would be impractical or unreasonable to release the security in whole or in part.
2016, c.42, s.6
Cancellation of legal aid certificates
31(1)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 if he or she 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 services, or
(c) because of changed circumstances since the date of issue of the certificate, the benefits of this Act ought not to be extended to the applicant.
31(2)If a legal aid certificate is cancelled, the applicant, unless exempted from this subsection 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 services to the applicant up to the time at which the certificate is cancelled, and the amount payable is a debt owing to the Commission.
31(3)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.
31(4)If a legal aid certificate is cancelled under subsection (1) or expires under subsection 33(5), or if all duties imposed by this Act 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 Commission shall be refunded to the applicant, and
(b) the portion of any security taken that is no longer necessary for securing a debt owing to the Commission shall be returned to the applicant unless, in the opinion of the Executive Director, it would be impractical or unreasonable to release the security in whole or in part.