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ontario regulation 228/02

made under the

legal aid services act, 1998

Made: July 17, 2002
Filed: July 24, 2002
Printed in The Ontario Gazette: August 10, 2002

Amending O. Reg. 107/99

(General)

1. (1) Schedule 1 to Ontario Regulation 107/99 is amended by striking out Note N and substituting the following:

N.  Subject to Notes B and L, the hourly rate payable for all services in criminal matters is $67 for services performed under a certificate issued before August 1, 2002 and $70.35 for services performed under a certificate issued on or after that date.

(2) Part V of the Table to Schedule 1 to the Regulation is amended by adding the following items:

 

17.

Remote Northern Areas Incentives

17.1

For the purposes of this Schedule, the following are remote northern areas:

Judicial District of Cochrane
Judicial District of Kenora
Judicial District of Rainy River
Judicial District of Temiskaming
All communities served by Nishnawbe Aski Nation

17.2

Fees and rates for travel time set out in this Schedule are subject to an increase of 10 per cent for services performed in a remote northern area.

17.3

Despite anything else in this Schedule, the total daily fee payable to a lawyer for services performed in a remote northern area shall not be less than $800 if,

 

(a)  the lawyer, to perform the services, is required to travel 200 kilometres or more (one way) from his or her regular place of business; and

(b)  the place where the services are performed is not the location of an area office.

17.4

Items 17.2 and 17.3 apply in respect of services performed under a certificate issued on or after August 1, 2002.

2. (1) Item 1.1 of Part I of the Table to Schedule 2 to the Regulation is amended by striking out “$67” and substituting “$67 for services performed under a certificate issued before August 1, 2002 and $70.35 for services performed under a certificate issued on or after that date”.

(2) Part IV of the Table to Schedule 2 to the Regulation is amended by adding the following items:

 

26.

Remote Northern Areas Incentives

26.1

For the purposes of this Schedule, the following are remote northern areas:

Judicial District of Cochrane
Judicial District of Kenora
Judicial District of Rainy River
Judicial District of Temiskaming
All communities served by Nishnawbe Aski Nation

26.2

Fees and rates for travel time set out in this Schedule are subject to an increase of 10 per cent for services performed in a remote northern area.

26.3

Despite anything else in this Schedule, the total daily fee payable to a lawyer for services performed in a remote northern area shall not be less than $800 if,

 

(a)  the lawyer, to perform the services, is required to travel 200 kilometres or more (one way) from his or her regular place of business; and

(b)  the place where the services are performed is not the location of an area office.

26.4

Items 26.2 and 26.3 apply in respect of services performed under a certificate issued on or after August 1, 2002.

 

3. Schedule 3 to the Regulation is amended by adding the following notes:

C.  For the purposes of this Schedule, the following are remote northern areas:

Judicial District of Cochrane

Judicial District of Kenora

Judicial District of Rainy River

Judicial District of Temiskaming

All communities served by Nishnawbe Aski Nation

D.  Fees for articled students set out in this Schedule are subject to an increase of 10 per cent for services performed in a remote northern area.

E.  Note D applies in respect of services performed under a certificate issued on or after August 1, 2002.

4. (1) Item 1 of Schedule 4 to the Regulation is amended by striking out “$57” and substituting “$57 for services performed before August 1, 2002 and $70.35 for services performed on or after that date”.

(2) Schedule 4 to the Regulation is amended by striking out notes C and D and substituting the following:

C.  For the purposes of this Schedule, the following are remote northern areas:

Judicial District of Cochrane

Judicial District of Kenora

Judicial District of Rainy River

Judicial District of Temiskaming

All communities served by Nishnawbe Aski Nation

D.  Fees and rates for travel time set out in this Schedule are subject to an increase of 10 per cent for services performed in a remote northern area.

D.1  Despite anything else in this Schedule, the total daily fee payable to a lawyer for services performed in a remote northern area shall not be less than $800 if,

(a)  the lawyer, to perform the services, is required to travel 200 kilometres or more (one way) from his or her regular place of business; and

(b)  the place where the services are performed is not the location of an area office.

D.2  Notes D and D.1 apply in respect of services performed on or after August 1, 2002.

 

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