O. Reg. 181/04: Administration of System for Providing Legal Aid Services
filed June 25, 2004 under Legal Aid Services Act, 1998, S.O. 1998, c. 26
Skip to contentontario regulation 181/04
made under the
legal aid services act, 1998
Made: April 16, 2004
Approved: June 23, 2004
Filed: June 25, 2004
Printed in The Ontario Gazette: July 10, 2004
Amending O. Reg. 106/99
(Administration of System for Providing Legal Aid Services)
1. (1) Section 14 of Ontario Regulation 106/99 is amended by adding the following subsection:
(1.1) After the notice has been delivered to the lawyer, no further services shall be provided under the certificate, except as the area director specifically authorizes in writing.
(2) Clause 14 (5) (b) of the Regulation is revoked and the following substituted:
(b) specify that the cancellation becomes effective immediately; and
(3) Subsection 14 (6) of the Regulation is revoked.
2. Section 20 of the Regulation is revoked and the following substituted:
20. The Corporation may exercise its discretion under section 49 of the Act if the Corporation is of the opinion that,
(a) failure to exercise the discretion would cause the applicant or the person responsible hardship;
(b) all or part of the amount due to the Corporation is uncollectible;
(c) the exercise of the discretion would reduce the overall amount ultimately payable by the Corporation; or
(d) the exercise of the discretion would promote the timely settlement of the proceeding.
3. Subsections 28 (3) and (4) of the Regulation are revoked and the following substituted:
(3) The area director shall enter the name on the appropriate panel unless,
(a) the lawyer fails, in the area director’s opinion, to meet applicable standards, including standards under the Corporation’s quality assurance program;
(b) the president has prohibited entry of the name under section 29;
(c) the lawyer has been found guilty of a criminal offence; or
(d) the lawyer has been found guilty of professional misconduct or conduct unbecoming.
(4) If clause (3) (a), (b), (c) or (d) applies, the area director shall send the lawyer a notice that includes,
(a) the reasons for the refusal to enter the name; and
(b) a statement of the right of review under subsection (5).
4. (1) Paragraphs 2 and 3 of subsection 32 (1) of the Regulation are revoked and the following substituted:
2. The lawyer is found guilty of professional misconduct or conduct unbecoming.
3. The lawyer is found guilty of a criminal offence.
(2) Paragraphs 1 and 2 of subsection 32 (2) of the Regulation are revoked and the following substituted:
1. The Law Society serves a conduct application under subsection 34 (1) of the Law Society Act on the lawyer.
2. A criminal charge is laid against the lawyer.
5. Clause 33 (1) (b) of the Regulation is revoked and the following substituted:
(b) submit his or her accounts for fees and disbursements in accordance with the regulations; and
6. Subsection 37 (1) of the Regulation is revoked and the following substituted:
(1) Every person named on a panel shall,
(a) make reports, provide information and submit accounts in accordance with this Regulation; and
(b) on request, provide any additional information relating to a certificate or an application for a certificate that the president or area director may require.
7. Sections 38 to 48 of the Regulation are revoked and the following substituted:
Accounts
38. (1) A lawyer who provides legal aid services under a certificate shall maintain records in accordance with subsection (2) and shall retain the records for at least six years after the end of the year in which the final account is submitted.
(2) The records shall contain full details with respect to the legal aid services provided under the certificate, including,
(a) an itemized list of the services rendered, in chronological order;
(b) a detailed description of the services;
(c) the dates and duration for all services, as well as the time of day for all services of a half an hour or more;
(d) an itemized list of disbursements incurred, and copies of the disbursement invoices of agents and other service providers;
(e) a copy of any court order that relates to the services and purports to affect the Corporation;
(f) the account and related records of any lawyer or agent engaged under the certificate, certified by the lawyer or agent who was engaged; and
(g) proof and justification of all the items included in the lawyer’s accounts.
(3) The lawyer shall provide the records to the Corporation on request, in support of the account, at any time during the period that begins when the lawyer acknowledges the certificate under clause 9 (2) (a) and ends at the end of the six-year period mentioned in subsection (1).
39. (1) A lawyer who provides legal aid services under a certificate shall submit accounts to the Corporation, in the form established by the Corporation, at least as frequently as the following requires:
1. No later than six months after the first anniversary of the date the certificate was issued, an account shall be submitted for all services provided and disbursements incurred during the 12-month period after the date the certificate was issued.
2. No later than six months after each subsequent anniversary, an account shall be submitted for all services provided and disbursements incurred during the corresponding 12-month period.
(2) If the lawyer was employed by the applicant to provide any services with respect to the same matter before the certificate was issued, the lawyer shall provide, together with the first account,
(a) a detailed statement of those services, if available;
(b) a statement of any disbursements made before the certificate was issued; and
(c) a statement of any payment made by the applicant to the lawyer for those services and disbursements.
40. (1) Within seven days after submitting an account to the Corporation, a lawyer who provides legal aid services under a certificate shall also send an account, in the form established by the Corporation, to the applicant and to any person who signed an agreement to contribute to the cost of the legal aid services provided under the certificate.
(2) The area director may direct the lawyer not to provide the account to the applicant or to any person who signed an agreement as described in subsection (1) if, in the area director’s opinion, doing so could cause the applicant or other person prejudice or embarrassment.
41. An applicant or another person who signed an agreement as described in subsection 40 (1) may apply to the Corporation for processing of the account within 30 days after the Corporation receives the account.
42. A lawyer who acts as duty counsel shall as soon as possible, but in any event no later than 60 days after performing his or her duties, submit to the Corporation,
(a) an account, in the form established by the Corporation; and
(b) a list of any disbursements approved by the Corporation.
43. (1) An account that is submitted after the six-month deadline under section 39 or the 60-day deadline under section 42, as the case may be, shall be accompanied by a written request for an extension, addressed to the president and explaining why the extension is appropriate.
(2) When a request is made under subsection (1), the president has discretion to extend the time during which the account may be submitted.
44. (1) On receiving an account submitted under section 39 or 42, the Corporation shall, in accordance with the Act and the regulations,
(a) determine the amount to be paid;
(b) pay the account, in whole or in part; and
(c) inform the lawyer of the amount paid.
(2) The Corporation is not required to pay an account or part of an account that does not comply with the Act and the regulations, but in that case shall return the account or part to the lawyer with written reasons for refusing payment.
45. Fees otherwise payable under the Act and the regulations may be disallowed in whole or in part if they relate to,
(a) a proceeding that was,
(i) unreasonably taken or prolonged,
(ii) not likely to advance the applicant’s interests, or
(iii) incurred through negligence;
(b) the preparation of a document that was improper, unnecessary or unreasonably long; or
(c) other preparation that was unreasonable in its nature or scope or in the time spent.
46. (1) A lawyer who is dissatisfied with the amount paid for an account submitted to the Corporation may request, in accordance with subsection (2), that the Corporation review the account.
(2) The request for review,
(a) shall be made within 60 days after the amount is paid for the account; and
(b) shall set out the items in the written reasons to which the lawyer objects and the grounds for objecting.
(3) The Corporation shall review the account, may amend or confirm the amount paid, and shall notify the lawyer of its decision, in writing.
47. (1) A lawyer whose account was reviewed under section 46 and who is dissatisfied with the Corporation’s decision may appeal to an assessment officer appointed under section 90 of the Courts of Justice Act with respect to,
(a) the interpretation or application of the regulations; or
(b) if the Corporation exercised its discretion, the principles on which it did so.
(2) The appeal shall be commenced by serving on the Corporation, within 60 days after the Corporation’s decision is issued, a notice of appeal that identifies the decision appealed from and states the grounds of appeal.
(3) After serving the notice of appeal, the appellant shall,
(a) obtain an appointment from the assessment officer for the hearing of the appeal; and
(b) give the Corporation at least 60 days notice of the hearing.
(4) The Corporation and the lawyer may appear at the hearing in person or by counsel.
(5) The assessment officer’s decision shall be given in the form of a certificate issued to the parties, and is final.
48. (1) The Corporation has discretion to examine an account in detail or to investigate an account,
(a) in the case of an account submitted under section 39, at any time before the sixth anniversary of the end of the year in which the final account in relation to the services provided under the certificate was submitted;
(b) in the case of an account submitted under section 42, at any time before the sixth anniversary of the end of the year in which the account was submitted.
(2) If, as a result of an examination in detail or an investigation, the Corporation believes that the account or part of it was not properly payable under the Act or the regulations, the Corporation may take either or both of the following steps:
1. Deduct the amount improperly paid from any future payment.
2. Take any other action required to secure re-payment of the amount improperly paid.
Made by:
Pris par :
Legal Aid Ontario:
Aide juridique Ontario :
Gordon Wolfe
Interim Chair
Président intérimaire
Date made: April 16, 2004.
Pris le : 16 avril 2004.