O. Reg. 180/04: GENERAL

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ontario regulation 180/04

made under the

legal aid services act, 1998

Made: June 23, 2004
Filed: June 25, 2004
Printed in The Ontario Gazette: July 10, 2004

Amending O. Reg. 107/99

(General)

1. Paragraphs 5 and 6 of subsection 3 (2) of Ontario Regulation 107/99 are revoked and the following substituted:

5. The fees to be paid to a lawyer for services provided in a fiscal year, up to and including the fiscal year 2003-2004, shall not exceed,

i. $157,500 for a lawyer with four years of certified experience or less,

ii. $177,190 for a lawyer with more than four but less than 10 years of certified experience, and

iii. $196,875 for a lawyer with 10 or more years of certified experience.

For the purposes of this paragraph, a lawyer is considered to have certified experience to the extent that he or she certifies his or her experience under Item 14 of Part V of the Table to Schedule 1 or under Item 24 of Part IV of the Table to Schedule 2 for the purpose of obtaining an experience allowance.

6. The president may authorize a greater payment than the applicable amount under paragraph 5 if he or she considers it necessary to ensure the representation of an applicant.

7. Beginning in the fiscal year 2004-2005, no lawyer shall be paid for more than 2350 hours of services in a fiscal year.

8. For the purposes of paragraph 7, a lawyer who is paid $800 under one of the following provisions shall be deemed to have been paid for six hours of services:

i. Item 17.3 of Part V of the Table to Schedule 1.

ii. Item 26.3 of Part IV of the Table to Schedule 2.

iii. Note D.1 to Schedule 4.

9. The president may authorize payment for more hours of services than paragraph 7 would otherwise allow if he or she considers it necessary to ensure the representation of an applicant.

2. (1) Schedule 1 to the Regulation is amended by striking out Notes D and E.

(2) Item 1 of Part I of the Table to Schedule 1 to the Regulation is revoked and the following substituted:

 

1.	Offences
1.1	Under the Criminal Code (Canada): treason; aircraft offences (ss. 76, 77, 78); perjury; fabricating evidence; incest; criminal negligence causing death or bodily harm; murder; manslaughter; infanticide; killing unborn child; attempted murder; choking; dangerous operation of motor vehicle causing death; impaired driving causing death; wounding; impaired operation causing death; aggravated assault; sexual assault with threats or weapon; aggravated sexual assault; kidnapping; hostage taking; robbery; extortion; arson (s. 433); any conspiracy charge; instructing commission of offence for criminal organization; dangerous offender applications; attempt to commit any offence named in this item or item 1.2; counselling any offence named in this item or item 1.2.
1.2	Under the Controlled Drugs and Substances Act (Canada): importing, production, trafficking or possession for the purpose of trafficking in a substance included in Schedule I, II or III of the Act.

(3) Item 13.4 of Part V of the Table to Schedule 1 to the Regulation is revoked.

(4) Item 17.3 of Part V of the Table to Schedule 1 to the Regulation is amended by striking out “Despite anything else in this Schedule” and substituting “Despite anything in this Schedule that would otherwise provide for a lower total daily fee”.

(5) Item 17.4 of Part V of the Table to Schedule 1 to the Regulation is revoked and the following substituted:

 

17.4	Item 17.3 also applies with respect to services performed in the following judicial districts, as if they were remote northern areas:
	Judicial District of Algoma
	Judicial District of Sudbury/Manitoulin
	Judicial District of Thunder Bay
17.5	Items 17.2 and 17.3 apply in respect of services performed under a certificate issued on or after August 1, 2002.  Item 17.4 applies in respect of services performed under a certificate issued on or after April 1, 2004.

3. (1) Schedule 2 to the Regulation is amended by striking out Notes D and E.

(2) Item 23.4 of Part IV of the Table to Schedule 2 to the Regulation is revoked.

(3) Item 26.3 of Part IV of the Table to Schedule 2 to the Regulation is amended by striking out “Despite anything else in this Schedule” and substituting “Despite anything in this Schedule that would otherwise provide for a lower total daily fee”.

(4) Item 26.4 of Part IV of the Table to Schedule 2 to the Regulation is revoked and the following substituted:

 

26.4	Item 26.3 also applies with respect to services performed in the following judicial districts, as if they were remote northern areas:
	Judicial District of Algoma
	Judicial District of Sudbury/Manitoulin
	Judicial District of Thunder Bay
26.5	Items 26.2 and 26.3 apply in respect of services performed under a certificate issued on or after August 1, 2002.  Item 26.4 applies in respect of services performed under a certificate issued on or after April 1, 2004.

4. (1) Item 3 of Schedule 4 to the Regulation is revoked.

(2) Note D.1 of Schedule 4 to the Regulation is amended by striking out “Despite anything else in this Schedule” and substituting “Despite anything in this Schedule that would otherwise provide for a lower total daily fee”.

(3) Schedule 4 to the Regulation is amended by striking out Note D.2 and substituting the following:

D.2 Note D.1 also applies with respect to services performed in the following judicial districts, as if they were remote northern areas:

Judicial District of Algoma

Judicial District of Sudbury/Manitoulin

Judicial District of Thunder Bay

D.3 Notes D and D.1 apply in respect of services performed on or after August 1, 2002.  Note D.2 applies in respect of services performed on or after April 1, 2004.

 

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