Acts and Regulations

2014, c.26 - Legal Aid Act

Section 32
Disposition versions

Full text
Appeals
32(1)Subject to subsection (2), an applicant or a holder of a legal aid certificate may appeal to the area committee for an area if one has been established, or, if one has not been established, to the Provincial Director if an employee for an area
(a) refuses to issue or amend a legal aid certificate,
(b) conditions the issuing of a legal aid certificate on the contribution of the applicant,
(b.1) amends a legal aid certificate, or
(c) cancels a legal aid certificate.
32(2)If the refusal, issuing, amending or cancellation referred to in subsection (1) relates to an application for legal aid services in respect of a proceeding of an appellate nature, the applicant or holder of a legal aid certificate may appeal to the Provincial Director.
32(3)An employee for an area shall inform each applicant or holder of a legal aid certificate entitled to appeal under subsection (1) or (2) of the name and address of the person or body to whom the appeal may be made.
32(3.1)The applicant or holder of a legal aid certificate may appeal to the Executive Director a decision of an area committee or the Provincial Director under this section.
32(4)An area committee, the Provincial Director or the Executive Director shall determine an appeal under this section in accordance with the criteria governing the disposition of the application.
32(5)An appeal under this section is an informal review only and no right to a hearing is established by this section, but an area committee, the Provincial Director or the Executive Director, as the case may be, may obtain any information and opinions and hear any representations considered necessary.
32(6)The Executive Director may, in his or her discretion, refer to the Legal Aid Committee for its recommendation any matter appealed to him or her under this section.
32(7)If the Executive Director, the Provincial Director or an area committee determines under subsection (4) that a legal aid certificate ought to be issued or amended, an employee for the area shall issue or amend the certificate under section 28 accordingly.
2016, c.42, s.7
Appeals
32(1)Subject to subsection (2), an applicant or a holder of a legal aid certificate may appeal to the area committee for an area if one has been established, or, if one has not been established, to the Provincial Director if an employee for an area
(a) refuses to issue or amend a legal aid certificate,
(b) conditions the issuing of a legal aid certificate on the contribution of the applicant,
(b.1) amends a legal aid certificate, or
(c) cancels a legal aid certificate.
32(2)If the refusal, issuing, amending or cancellation referred to in subsection (1) relates to an application for legal aid services in respect of a proceeding of an appellate nature, the applicant or holder of a legal aid certificate may appeal to the Provincial Director.
32(3)An employee for an area shall inform each applicant or holder of a legal aid certificate entitled to appeal under subsection (1) or (2) of the name and address of the person or body to whom the appeal may be made.
32(3.1)The applicant or holder of a legal aid certificate may appeal to the Executive Director a decision of an area committee or the Provincial Director under this section.
32(4)An area committee, the Provincial Director or the Executive Director shall determine an appeal under this section in accordance with the criteria governing the disposition of the application.
32(5)An appeal under this section is an informal review only and no right to a hearing is established by this section, but an area committee, the Provincial Director or the Executive Director, as the case may be, may obtain any information and opinions and hear any representations considered necessary.
32(6)The Executive Director may, in his or her discretion, refer to the Legal Aid Committee for its recommendation any matter appealed to him or her under this section.
32(7)If the Executive Director, the Provincial Director or an area committee determines under subsection (4) that a legal aid certificate ought to be issued or amended, an employee for the area shall issue or amend the certificate under section 28 accordingly.
2016, c.42, s.7
Appeals
32(1) Subject to subsection (2), an applicant may appeal to the area committee for an area if one has been established, or, if one has not been established, to the Executive Director if an employee for an area
(a) refuses to issue or amend a legal aid certificate,
(b) conditions the issuing of a certificate on the contribution of the applicant, or
(c) cancels a legal aid certificate.
32(2)If the refusal, issuing or cancellation referred to in subsection (1) relates to an application for legal aid services in respect of a proceeding of an appellate nature, the applicant may appeal to the Executive Director.
32(3)An employee for an area shall inform each applicant entitled to appeal under subsection (1) or (2) of the name and address of the person or body to whom the appeal may be made.
32(4)An area committee or the Executive Director shall determine an appeal under this section in accordance with the criteria governing the disposition of the application.
32(5)An appeal under this section is an informal review only and no right to a hearing is established by this section, but an area committee or the Executive Director, as the case may be, may obtain any information and opinions and hear any representations considered necessary.
32(6)The Executive Director may, in his or her discretion, refer to the Legal Aid Committee for its recommendation any matter appealed to him or her under this section.
32(7)If the Executive Director or an area committee determines under subsection (4) that a legal aid certificate ought to be issued or amended, an employee for the area shall issue or amend the certificate under section 28 accordingly.