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O. Reg. 106/99: ADMINISTRATION OF SYSTEM FOR PROVIDING LEGAL AID SERVICES

under Legal Aid Services Act, 1998, S.O. 1998, c. 26

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Versions

Legal Aid Services Act, 1998

ONTARIO REGULATION 106/99

Amended to O. Reg. 336/99

ADMINISTRATION OF SYSTEM FOR PROVIDING LEGAL AID SERVICES

Historical version for the period May 19, 1999 to June 24, 2004.

This is the English version of a bilingual regulation.

CONTENTS

   

Sections

 

Interpretation

1-5

 

Applications

6-7

 

Certificates

8-16

 

Appeals under Subsections 30 (1) and (2) of Act

17-18

 

Recovery of costs for legal aid services

19-23

 

Functions of duty counsel

24-25

 

Student legal aid services societies

26

 

Panels

27-37

 

Accounts

38-47

 

Appeals of accounts

48

 

Service and delivery of documents

49

 

Transition

50-52

Interpretation

1. (1) In this Regulation,

“board” means the Corporation’s board of directors; («conseil»)

“legal accounts officer” means the Corporation employee with that title; («liquidateur des comptes juridiques»)

“president” means the president of the Corporation; («président»)

“regulations” means this Regulation and Ontario Regulation 107/99. («règlements»)

(2) In this Regulation, a reference to a panel includes a subpanel established in accordance with subsection 23 (2) of the Act. O. Reg. 106/99, s. 1.

2. This Regulation, except sections 6, 7, 24 and 25, does not apply in respect of legal aid services provided by clinics or by clinic law duty counsel. O. Reg. 106/99, s. 2.

3. A power or duty that this Regulation confers on an area director may also be exercised or performed by a member of the area director’s staff. O. Reg. 106/99, s. 3.

4. A power or duty that this Regulation confers on the legal accounts officer may also be exercised or performed by a member of the legal accounts officer’s staff. O. Reg. 106/99, s. 4.

5. A power or duty that this Regulation confers on the president may also be exercised or performed by an employee of the Corporation whom the president designates for the purpose. O. Reg. 106/99, s. 5.

Applications

6. (1) An application for a certificate shall be made in accordance with section 24 of the Act and dealt with in accordance with,

(a) sections 25 to 29 of the Act; and

(b) the policies and priorities established by the Corporation under section 12 of the Act.

(2) The following procedures are prescribed for applications for certificates by individuals who are not ordinarily resident in Ontario:

1. The area director who receives an application under subsection 24 (2) of the Act shall make appropriate inquiries, prepare a report on the inquiries and forward the application and report to the president.

2. The president shall consider the application and report, in accordance with the policies and priorities established by the Corporation under section 12 of the Act, and may, in his or her discretion, direct the area director to issue a certificate.

3. The president may attach such terms and conditions as he or she considers appropriate upon the issuance of a certificate.

4. The president may at any time amend or cancel a certificate issued under this subsection.

5. If the president decides not to direct the area director to issue a certificate, the president shall send the applicant a notice of the decision.

6. A decision made by the president under this subsection is final.

(3) An application for legal aid services to be provided by duty counsel shall be made to the duty counsel, or to another person designated by the board, and assessed in accordance with,

(a) the financial eligibility requirements prescribed by Ontario Regulation 107/99; and

(b) the policies and priorities established by the Corporation under section 12 of the Act.

(4) An application for legal aid services to be provided by a clinic shall be made to the clinic, or to a person designated by the board, and assessed in accordance with,

(a) the financial eligibility requirements prescribed by Ontario Regulation 107/99;

(b) the policies and priorities established by the Corporation under section 12 of the Act;

(c) any terms and conditions imposed on the clinic’s funding under subsection 34 (5) of the Act; and

(d) the clinic’s case selection criteria. O. Reg. 106/99, s. 6.

7. (1) An application for legal aid services for a minor may be made,

(a) by the minor; or

(b) by a parent or guardian on the minor’s behalf.

(2) An application for legal aid services for a mentally incapable person may be made on his or her behalf,

(a) by the person’s guardian of property or guardian of the person;

(b) if there is no guardian, by the person’s attorney under a continuing power of attorney or a power of attorney for personal care;

(c) if there is no attorney, by a friend or relative; or

(d) if there is no friend or relative, by the Public Guardian and Trustee.

(3) Despite subsection (2), an application for legal aid services to be provided in connection with an application under the Substitute Decisions Act, 1992, the Mental Health Act or the Health Care Consent Act, 1996 may be made,

(a) by the person; or

(b) by a friend or relative on the person’s behalf.

(4) An application for legal aid services for a person who is unable by reason of physical disability to make the application in person may be made by a friend or relative on his or her behalf. O. Reg. 106/99, s. 7.

Certificates

8. A certificate shall,

(a) specify the date of its issue and its effective date;

(b) set out the nature and extent of the services to be provided to the applicant, including the type of panel to which the certificate applies;

(c) state whether the applicant or the person responsible for the applicant is required to contribute under Part IV of the Act; and

(d) set out any terms and conditions imposed by the area director under subsection 29 (1) of the Act. O. Reg. 106/99, s. 8.

9. (1) The area director shall send the certificate to the applicant or to a member of the appropriate panel.

(2) A lawyer who receives a certificate shall,

(a) if able and willing to act, promptly complete and sign the acceptance and undertaking on the certificate and return a copy to the area director; or

(b) if unable or unwilling to act for any reason, promptly return the certificate to the applicant or to the area director, as the circumstances require. O. Reg. 106/99, s. 9.

10. (1) If a certificate is issued but no lawyer complies with clause 9 (2) (a) within the 90-day period following its date of issue,

(a) the certificate is deemed to expire at the end of that period; and

(b) the Corporation shall promptly send to the applicant, at the last address shown in the area director’s records, a notice that the certificate has expired.

(2) On the application of a lawyer who has received a certificate within the 90-day period following its date of issue but failed to comply with clause 9 (2) (a) within that period, the area director may reactivate the expired certificate retroactive to a date that is not earlier than its original effective date. O. Reg. 106/99, s. 10.

11. If no certificate is issued, the area director shall promptly send the applicant a notice of the refusal,

(a) with the area committee’s reasons for refusal, if section 28 of the Act applies;

(b) with the area director’s reasons, in any other case. O. Reg. 106/99, s. 11.

12. An area director may issue a certificate with retroactive effect to a person to whom a lawyer has already provided legal or other services, if the area director is satisfied that,

(a) the services were provided in an emergency situation, and notice that they were provided is given to the area director within a reasonable time;

(b) the applicant would have qualified for legal aid services at the time the services were provided;

(c) no previous application for the same services has been refused; and

(d) the lawyer has not accepted a private retainer for the services. O. Reg. 106/99, s. 12.

13. (1) The services authorized by a certificate are deemed to be complete when the earliest of the following events takes place:

1. The area director cancels the certificate.

2. The claim, proceeding or charge is fully disposed of by judgment or settlement.

3. The lawyer is unable to obtain the applicant’s instructions to proceed.

4. Three years, or the longer period the area director specifies under subsection (2), have passed since the certificate was issued.

5. The lawyer is removed from the record.

(2) On the application of the lawyer, the area director may specify a longer period than three years for the purpose of paragraph 4 of subsection (1).

(3) When a lawyer ceases to act for an applicant or the services authorized by the certificate are deemed to be complete as provided in subsection (1), the lawyer shall promptly,

(a) report the fact to the area director, and provide any related information that the area director requires;

(b) submit a final account in accordance with section 40; and

(c) subject to subsection (4), send to the applicant, or to another person as the applicant directs,

(i) a copy of the report required by clause (a), and

(ii) in return for a receipt, all documents and other property of the applicant that are in the lawyer’s possession.

(4) The area director may direct the lawyer not to provide the materials if, in the area director’s opinion, doing so could cause the applicant prejudice or embarrassment. O. Reg. 106/99, s. 13.

14. (1) An area director who proposes to cancel a certificate under subsection 29 (2) of the Act shall send the applicant and the applicant’s lawyer a notice of intention to cancel.

(2) The notice shall,

(a) state the reasons for the proposed cancellation; and

(b) specify a date, not less than 7 days after the notice is delivered, by which the applicant or lawyer may show cause why the certificate should not be cancelled.

(3) If the applicant or lawyer shows cause why the certificate should not be cancelled, the area director shall promptly reconsider the matter and make a decision.

(4) If the applicant or lawyer does not show cause, or if the area director reconsiders the matter under subsection (3) and decides to proceed with the cancellation, the area director shall send the applicant and the applicant’s lawyer a notice of cancellation.

(5) The notice of cancellation shall,

(a) state the reasons for the cancellation;

(b) specify a date, not less than 7 days after the notice is delivered, on which the cancellation becomes effective; and

(c) contain a statement of the right to appeal under subsection (7).

(6) 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.

(7) The applicant may appeal the cancellation to the area committee by serving a notice of appeal on the area director within 7 days after the notice of cancellation is delivered.

(8) When a notice of appeal is served, the area committee shall hear the matter and may,

(a) direct that the matter be adjourned pending the submission of any further material it considers relevant to the decision;

(b) direct that the matter be referred to the area director to be reconsidered and decided in light of new or further evidence,

(i) that has been submitted to the area committee, or

(ii) that the area committee directs the area director to ascertain;

(c) confirm the area director’s cancellation of the certificate; or

(d) reverse the area director’s decision and direct that the certificate be reinstated, subject to any terms and conditions that the area committee considers appropriate and that the area director could have imposed.

(9) Subsection (6) ceases to apply if the certificate is reinstated. O. Reg. 106/99, s. 14.

15. If the applicant requests that the certificate be cancelled,

(a) section 14 does not apply, but the area director shall send the applicant and the applicant’s lawyer a notice of the cancellation; and

(b) the area director may make the cancellation retroactive to a date no earlier than the date the certificate was issued. O. Reg. 106/99, s. 15.

16. The area director may reinstate a certificate within 90 days after cancellation if,

(a) he or she is satisfied that the reasons for the cancellation are no longer applicable; or

(b) the applicant or the lawyer has satisfied any requirements for a certificate that were previously unsatisfied. O. Reg. 106/99, s. 16.

Appeals under Subsections 30 (1) and (2) of Act

17. (1) An appeal to the area committee under subsection 30 (1) of the Act shall be commenced by serving on the area director, within seven days after the decision appealed from is delivered, a notice of appeal identifying that decision and stating the grounds of appeal.

(2) The area committee may,

(a) direct that the appeal be adjourned pending the submission of any further material it considers relevant to the decision;

(b) direct that the matter be referred to the area director to be reconsidered and decided in light of new or further evidence,

(i) that has been submitted to the area committee, or

(ii) that the area committee directs the area director to ascertain;

(c) allow the appeal in whole or in part and direct the issue or continuation of a certificate for the purpose applied for, or for another purpose that the area committee considers appropriate, subject to any terms and conditions that it considers appropriate and that the area director could have imposed; or

(d) dismiss the appeal.

(3) The applicant has the same right of appeal from a decision of the area director made under a direction mentioned in clause (2) (b) as from the area director’s original decision. O. Reg. 106/99, s. 17.

18. (1) An appeal under subsection 30 (2) of the Act shall be commenced by serving on the person designated under that subsection, within seven days after the notice of the decision appealed from is delivered, a notice of appeal identifying that decision and stating the grounds of appeal.

(2) The designated person may,

(a) direct that the appeal be adjourned pending the submission of any further material he or she considers relevant to the decision;

(b) direct that the matter be referred to the area director or to the area committee to be reconsidered and decided in light of new or further evidence,

(i) that has been submitted to the designated person, or

(ii) that he or she directs the area director to ascertain;

(c) allow the appeal in whole or in part and direct the issue or continuation of a certificate for the purpose applied for, or for another purpose that the designated person considers appropriate, subject to any terms and conditions that he or she considers appropriate and that the area director could have imposed; or

(d) dismiss the appeal. O. Reg. 106/99, s. 18.

Recovery of Costs for Legal Aid Services

19. For the purposes of clause 97 (1) (n) of the Act, the prescribed interest rate is, for each fiscal year, the postjudgment interest rate for the last quarter of the previous fiscal year, as published under clause 127 (2) (b) of the Courts of Justice Act. O. Reg. 106/99, s. 19.

20. (1) The Corporation may exercise its discretion under section 49 of the Act if the president, the legal accounts officer or the Corporation’s collections manager 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.

(2) The Corporation’s discretion under section 49 of the Act may be exercised by the president, the legal accounts officer or the collections manager. O. Reg. 106/99, s. 20.

21. A lawyer who effects a settlement entitling the applicant to recover money or other property shall promptly inform the Corporation of the terms of the settlement, and shall provide a copy of the settlement documents at its request. O. Reg. 106/99, s. 21.

22. (1) The following rules apply if an applicant becomes entitled to money or other property under a judgment, order or settlement:

1. The party and party costs in favour of the applicant, if not determined on an assessment under a judgment or order, may be agreed on by the parties with the legal accounts officer’s approval, obtained in advance. If there is no agreement or no approval, the legal accounts officer shall determine the costs for the purpose of ascertaining the amount for costs to be paid to the Corporation. The applicant’s lawyer shall pay all the costs recovered to the Corporation.

2. The amount of fees and disbursements for the services provided by the lawyer shall then, by agreement of the applicant and the lawyer with the legal accounts officer’s approval, obtained in advance, be determined as between a client and his or her lawyer. If there is no agreement or no approval, the legal accounts officer may determine the amount of fees and disbursements. The amount by which the fees and disbursements exceed the party and party costs shall also be paid to the Corporation, unless the legal accounts officer decides that under the circumstances no such payment need be made.

3. If legal services were provided to the applicant in connection with the same matter but not under the certificate, the legal accounts officer may determine the amount of the costs referable to those services and the amount payable out of those costs to the applicant and to the Corporation.

4. The applicant shall pay the amount of the lawyer’s account, as settled under this Regulation, and a proportionate share of the Corporation’s overhead as determined by the president.

(2) If the applicant or a person responsible for the applicant agreed to contribute under Part IV of the Act, the applicant or person responsible shall pay the lesser of,

(a) the amount fixed in the contribution agreement; or

(b) the total of,

(i) the amount of the lawyer’s account, as settled under this Regulation,

(ii) a proportionate share of the Corporation’s overhead as determined by the president, and

(iii) interest on any overdue contributions.

(3) Subsection (2) applies whether money or other property is recovered or not. O. Reg. 106/99, s. 22.

23. When an applicant becomes entitled to the payment of costs or to recover money or other property under a judgment, award or settlement, the following rules apply to the lawyer who acts under the certificate in the matter:

1. If the matter is a claim before an administrative board, tribunal or expropriating authority, the lawyer shall, unless the Corporation directs otherwise, deposit a notice with the body after it has made its decision. The notice shall state that,

i. the applicant is the recipient of legal aid services,

ii. the Corporation has a statutory claim for the costs payable under the Act, and

iii. any costs awarded to the applicant are the Corporation’s property.

2. In any matter in which costs are awarded to the applicant, the lawyer shall,

i. except to the extent that the Corporation directs otherwise, assess the costs, obtain the applicant’s assignment of the costs to the Corporation, and file a writ of seizure and sale and the assignment with the appropriate officials, and

ii. take any further steps to collect the costs that the Corporation authorizes.

3. If the applicant is entitled to recover money or other property, the lawyer shall send the person from whom the money or property is recoverable, that person’s lawyer, if any, and any official with whom the writ of seizure and sale or order for payment has been filed, a notice stating that,

i. any costs payable to the applicant are the Corporation’s property under the Act,

ii. the Corporation has a charge against the money or other property under section 47 of the Act, and

iii. until the charge has been released, no money shall be paid or property released or transferred to the applicant.

4. On receiving any costs payable to the applicant, the lawyer shall pay them to the Corporation.

5. On receiving any sum in payment of the judgment, award or settlement, other than for costs, the lawyer shall pay to the Corporation any outstanding amount payable to it under the Act.

6. Before delivering to the applicant any recovered property or title papers relating to the property, the lawyer shall,

i. have the applicant sign an appropriate document to secure the Corporation’s charge,

ii. have the document registered under the Land Titles Act, the Registry Act or the Personal Property Security Act, as the case may be, and

iii. send the president a certified copy of the registered document. O. Reg. 106/99, s. 23.

Functions of Duty Counsel

24. (1) The classes of duty counsel are:

1. Family and civil law duty counsel.

2. Criminal law duty counsel.

3. Mental health law duty counsel.

4. Clinic law duty counsel.

5. Special duty counsel.

6. Advice lawyers.

(2) Family and civil law duty counsel shall:

1. Attend the Family Court of the Ontario Superior Court of Justice and the Ontario Court of Justice as scheduled.

2. In Family Court and the Ontario Court of Justice,

i. advise persons about their rights and take any steps necessary to protect those rights,

ii. advise persons about court procedures,

iii. prepare or review documents to be filed with the court,

iv. obtain adjournments,

v. represent otherwise unrepresented persons at motions, in interim hearings concerning custody, access, child protection or support and in pre-trial hearings and show cause hearings, and

vi. assist persons in the negotiation of settlements and consent orders and in mediation.

(3) Criminal law duty counsel shall:

1. Perform duties in connection with criminal appeals as may be appropriate, including,

i. helping an appellant to complete a notice to the court that an application has been made for legal aid services in relation to the appeal,

ii. helping an appellant who is represented by a lawyer to complete a notice of withdrawal of a prisoner appeal,

iii. representing an appellant on an application for judicial interim release.

2. Attend the Ontario Court of Justice as scheduled.

3. In the Ontario Court of Justice, assist persons who have been taken into custody or summoned and charged with offences, by advising them of their rights and by taking any steps that may be appropriate to protect those rights, including,

i. representing a person on an application for remand, adjournment or judicial interim release, on a pre-trial that relates to disposition, or on entering a guilty plea,

ii. applying for diversion,

iii. making representations with respect to sentence if a guilty plea is entered.

(4) Mental health law duty counsel shall, as may be appropriate:

1. Attend at psychiatric facilities designated under the Mental Health Act.

2. At those facilities,

i. advise persons about their rights and take any steps that may be appropriate to protect those rights, and

ii. take applications for certificates.

(5) Clinic law duty counsel shall, as scheduled:

1. Attend at administrative tribunals.

2. At those tribunals,

i. advise persons about their rights and take any steps that may be appropriate to protect those rights,

ii. advise persons about tribunal procedures and assist them with those procedures,

iii. prepare, review or assist persons to prepare documents,

iv. obtain documents for persons or assist them in doing so,

v. obtain adjournments,

vi. represent persons in any proceeding, and

vii. assist persons in the negotiation of settlements and consent orders and in mediation.

(6) Special duty counsel shall:

1. Advise and assist persons as the circumstances require.

2. Take applications for certificates at the area director’s office or elsewhere in the area, as scheduled.

(7) Advice lawyers shall:

1. Attend where and as scheduled.

2. Advise persons about their rights.

3. Prepare or review documents.

(8) All classes of duty counsel shall:

1. Make reports to the Corporation as and when it requests.

2. Provide public legal education information.

3. Make appropriate referrals to other sources of information, advice, assistance and representation. O. Reg. 106/99, s. 24.

25. (1) When a lawyer has represented or advised an applicant as duty counsel, neither the lawyer nor any of his or her associates in the practice of law shall knowingly act for the applicant in the same matter, otherwise than as duty counsel.

(2) Subsection (1) does not apply if,

(a) the lawyer or associate acts for the applicant in the same matter with the area director’s approval, obtained in advance;

(b) the lawyer certifies in writing to the area director that an earlier lawyer-client relationship existed between the applicant and the lawyer or associate; or

(c) the lawyer or associate is employed by the Corporation or by a clinic. O. Reg. 106/99, s. 25.

Student Legal Aid Services Societies

26. (1) The dean of the law school that operates a student legal aid services society has control and supervision of the society and of its members.

(2) Without limiting the generality of subsection (1), the dean has discretion to,

(a) restrict the functions of the society and its members;

(b) terminate the society’s operations, either temporarily or permanently;

(c) specify the minimum qualifications of a student for membership in the society; and

(d) remove a student from membership in the society, either temporarily or permanently, and reinstate him or her. O. Reg. 106/99, s. 26.

Panels

27. (1) The area director shall maintain a complete record of the names on each panel for the area.

(2) At any person’s request, the area director shall furnish the names and addresses of the lawyers who are on a panel for the area. O. Reg. 106/99, s. 27.

28. (1) A lawyer may apply to the area director to have his or her name entered on a panel.

(2) In the application, the lawyer shall provide the information concerning his or her practice, qualifications and experience and the status of his or her Law Society membership that the area director requires.

(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; or

(b) the president has prohibited entry of the name under section 29.

(4) If clause (3) (a) or (b) 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).

(5) The lawyer is entitled to a review by the president or another person designated by the board if, within seven days after the notice under subsection (4) is delivered, he or she serves on the president and the area director a notice requesting a review. O. Reg. 106/99, s. 28.

29. (1) If the president has reasonable cause to prohibit the entry of a lawyer’s name on a panel, he or she may take the steps set out in this section.

(2) The president shall send the lawyer notice of the proposal and afford him or her an opportunity for a hearing.

(3) A request for a hearing shall be served on the Corporation and the area director within seven days after the notice under subsection (2) is delivered.

(4) The president shall notify the area director and the lawyer of the decision in the matter,

(a) if a hearing is requested, after it has been held;

(b) if no hearing is requested, after the seven-day period has passed. O. Reg. 106/99, s. 29.

30. (1) The area director shall remove a lawyer’s name from a panel if the lawyer requests the removal and the president consents.

(2) The area director may require a lawyer to whom subsection (1) applies to complete work under specified certificates that the lawyer has already accepted. O. Reg. 106/99, s. 30.

31. (1) If a lawyer fails, in the area director’s opinion, to meet or to continue to meet applicable standards, including standards under the Corporation’s quality assurance program, the area director may take the steps set out in this section.

(2) The area director shall send the lawyer notice of a proposal to remove his or her name from a panel and afford him or her an opportunity for a hearing.

(3) A request for a hearing shall be served on the area director within seven days after the notice under subsection (2) is delivered.

(4) The president shall conduct the hearing.

(5) The area director may remove the name from the panel,

(a) if the proposal is confirmed after a hearing, as soon as he or she is advised of the decision;

(b) if no hearing is requested, after the seven-day period has passed.

(6) If a hearing is held, the area director shall send the lawyer notice of the decision, whether the proposal is confirmed or not. O. Reg. 106/99, s. 31.

32. (1) Subject to subsection (3), the president may remove a lawyer’s name from a panel in any of the following circumstances:

1. The president has reasonable cause for doing so.

2. The lawyer is found guilty of professional misconduct, for conduct that is related to the operation of the Corporation.

3. The lawyer is found guilty of a criminal offence that is related to the operation of the Corporation.

(2) Subject to subsection (3), the president may temporarily remove the name of a lawyer from all panels in either of the following circumstances:

1. The Law Society serves on the lawyer a conduct application alleging an offence that is related to the operation of the Corporation.

2. A criminal charge is laid against the lawyer for an offence that is related to the operation of the Corporation.

(3) Before removing the name of a lawyer from a panel under subsection (1) or (2), the president shall,

(a) send the lawyer notice of the proposal to remove his or her name; and

(b) afford the lawyer an opportunity for a hearing.

(4) The president may restore a name that was temporarily removed under subsection (2) if the complaint or charge is disposed of by a finding of not guilty. O. Reg. 106/99, s. 32.

33. (1) A lawyer whose name has been removed from a panel under section 31 or 32 shall, in relation to that panel,

(a) report to the area director on the state of all uncompleted work;

(b) render his or her accounts for fees and disbursements in accordance with the regulations; and

(c) subject to subsection (3), deliver every legal aid file in his or her possession to the area director, or to another lawyer as the applicant directs.

(2) The lawyer shall not, unless his or her name has been restored to the panel under section 34,

(a) accept any further certificate in relation to the panel; or

(b) provide any services under a certificate in relation to the panel that is accepted by another lawyer.

(3) The area director may allow a lawyer to whom clause (1) (c) applies to complete work under specified certificates that the lawyer has already accepted. O. Reg. 106/99, s. 33.

34. (1) A lawyer whose name is removed from a panel under section 31 or 32 may make an application to the area director to have his or her name restored to the panel.

(2) The area director shall refer the application, accompanied by his or her own recommendation, to the president.

(3) The president shall promptly decide whether to approve the application, may conduct an enquiry as he or she considers necessary for the purpose, and shall advise the area director and the lawyer of the decision as soon as possible.

(4) On being advised of a decision to approve the application, the area director shall restore the name to the panel as soon as possible. O. Reg. 106/99, s. 34.

35. Nothing in this Regulation discharges any lawyer whose name has been removed from a panel from any obligations to clients or to the Corporation. O. Reg. 106/99, s. 35.

36. Nothing in this Regulation interferes with the right to refuse a request for professional services. O. Reg. 106/99, s. 36.

37. (1) Every person named on a panel shall make reports, furnish information and render accounts in accordance with this Regulation.

(2) Subsection (1) also applies to lawyers mentioned in subsection 4 (2) of Ontario Regulation 107/99. O. Reg. 106/99, s. 37.

Accounts

38. (1) The legal accounts officer shall settle all lawyer’s accounts for legal aid services provided under certificates, other than accounts mentioned in subsection (2).

(2) A lawyer’s account may be paid without being settled by the legal accounts officer if,

(a) the total account for fees and disbursements does not exceed $1,200;

(b) the account is submitted in the form specified by the legal accounts officer; and

(c) there is no explicit request for a discretionary increase as mentioned in Note C to Schedule 1 or Note C to Schedule 2 of Ontario Regulation 107/99.

(3) At the president’s request, the legal accounts officer shall settle an account under subsection (1) even though subsection (2) applies.

(4) An applicant or other person who is required to pay all or part of a lawyer’s account for legal aid services may apply to a legal accounts officer for settlement of the account within 30 days after the account is mailed. O. Reg. 106/99, s. 38.

39. (1) On settling an account, the legal accounts officer shall send the lawyer who rendered it a notice of settlement of account, showing how the account has been dealt with and stating the amount at which it is settled.

(2) If an account is paid without being settled, the president shall send to the lawyer who rendered it a notice advising that the account has been paid without being settled and that section 46 applies. O. Reg. 106/99, s. 39.

40. (1) A lawyer who provides legal aid services under a certificate shall submit accounts to the president 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) Each account shall set out fees and disbursements, showing the date and description (and duration, if applicable) of each item, certified by the lawyer, and shall be accompanied by,

(a) a statement as to whether the account is interim or final;

(b) a copy of the certificate;

(c) any other written authorization for legal aid services or the expenditure of money;

(d) the account of any counsel or agent engaged under the certificate, prepared in accordance with the regulations and certified by the counsel or agent;

(e) a copy of any report under subsection 13 (3);

(f) if the lawyer was employed by the applicant to provide any services with respect to the same matter before the certificate was issued,

(i) a detailed statement of those services,

(ii) a detailed statement of any disbursements made before the certificate was issued, and

(iii) a statement of any payment made by the applicant to the lawyer for those services and disbursements;

(g) a copy of any court order relating to the matter and purporting to affect the Corporation; and

(h) any further or other supporting material that the legal accounts officer requests.

(3) A lawyer who submits an account and supporting material under subsection (2) shall also, subject to subsection (4),

(a) send a copy of the account to the applicant and to every person who signed an agreement to contribute to the cost of the legal aid services provided under the certificate; and

(b) send the applicant a copy of any statements provided under clause (2) (f).

(4) The area director may direct the lawyer not to provide the copies if, in the area director’s opinion, doing so could cause the applicant prejudice or embarrassment. O. Reg. 106/99, s. 40.

41. (1) A lawyer who acts as duty counsel shall, promptly after performing his or her duties, submit to the president,

(a) an account, in the form specified by the legal accounts officer, showing the times during which and the places at which he or she was engaged as duty counsel; and

(b) any claim for expenses.

(2) The account shall be submitted within six months after the services to which it relates were completed. O. Reg. 106/99, s. 41.

42. (1) If an account does not comply with subsection 40 (1) or 41 (2), as the case may be,

(a) the Corporation is not required to pay the account; and

(b) the account shall be returned to the lawyer with an appropriate reference to this section.

(2) Despite subsection (1), the president has discretion, on the lawyer’s application, to extend the time during which the account may be submitted; in exercising the discretion, the president shall take into account whether or not the Corporation (or the applicant, if subsection 40 (1) applies) has been prejudiced by the delay.

(3) The application for an extension shall be made to the president and shall explain why the extension is necessary. O. Reg. 106/99, s. 42.

43. 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 is improper, unnecessary or of unreasonable length; or

(c) other preparation that is unreasonable in its nature or scope or in the time spent. O. Reg. 106/99, s. 43.

44. (1) A lawyer whose account was paid without being settled and who is dissatisfied with the amount paid may request that the legal accounts officer settle the account.

(2) The request shall be made within 60 days after the account is paid, and shall set out the items objected to and the grounds of objection.

(3) The legal accounts officer shall settle the account. O. Reg. 106/99, s. 44.

45. (1) A lawyer may request that the legal accounts officer review an account if it was settled under section 38 or 44 and the lawyer is dissatisfied with the amount paid.

(2) The request shall be made within 60 days after the account is settled, and shall set out the items objected to and the grounds of objection.

(3) The legal accounts officer shall review the account and may amend or confirm the amount. O. Reg. 106/99, s. 45.

46. (1) If an account is paid without being settled the president may, within two years after the date of the payment, make such enquiries as he or she considers necessary to verify that the account as submitted was for an amount properly payable under the Act and the regulations.

(2) The president shall cause accounts that were paid without being settled to be verified on a random basis within the two-year period. O. Reg. 106/99, s. 46.

47. (1) If the president has reasonable grounds to believe that an account as submitted is or was not properly payable under the Act and the regulations, he or she may conduct an investigation to determine the question.

(2) The investigation may be conducted at any time before or after the account has been paid. O. Reg. 106/99, s. 47.

Appeals of Accounts

48. (1) A lawyer whose account was reviewed under section 45 and who is dissatisfied with the amount paid 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) the principles on which the legal accounts officer has exercised his or her discretion.

(2) The appeal shall be commenced by serving a notice of appeal on the Corporation within 60 days after the legal accounts officer gave his or her decision.

(3) The notice of appeal shall identify the decision appealed from and state the grounds of appeal.

(4) After serving the notice of appeal, the appellant shall obtain an appointment from the assessment officer for the hearing of the appeal and give the Corporation at least 60 days notice of the hearing.

(5) The parties to the appeal may appear in person or by counsel.

(6) The assessment officer’s decision shall be given in the form of a certificate issued to the parties, and is final. O. Reg. 106/99, s. 48.

Service and Delivery of Documents

49. (1) When this Regulation requires that a document be served, service may be made,

(a) by personal service or by an alternative to personal service in accordance with the Rules of Civil Procedure;

(b) in the case of the president or an area director, by prepaid mail addressed to the person at his or her office;

(c) in the case of an applicant, by prepaid mail addressed to his or her last known address;

(d) in the case of a lawyer, by prepaid mail addressed to his or her office.

(2) When this Regulation requires that a document be sent, this may be done,

(a) by service in accordance with subsection (1);

(b) in the case of an applicant, by prepaid mail addressed to the lawyer, if any, acting for the applicant.

(3) When a document is sent by prepaid mail, it is deemed to be delivered on the seventh day after mailing. O. Reg. 106/99, s. 49.

Transition

50. With respect to the period before April 19, 1999,

(a) references in this Regulation to the Family Court of the Superior Court of Justice are deemed to be references to the Family Court of the Ontario Court (General Division); and

(b) references in this Regulation to the Ontario Court of Justice are deemed to be references to the Ontario Court (Provincial Division). O. Reg. 106/99, s. 50.

51. Omitted (revokes other Regulations and see note). O. Reg. 106/99, s. 51.

52. Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 106/99, s. 52.

Note: Despite its revocation by section 51 of Ontario Regulation 106/99, section 98 of Regulation 710 of the Revised Regulations of Ontario, 1990 (six-month rule for accounts) continues to apply in respect of certificates issued before April 1, 1999. See: O. Reg. 106/99, s. 51.