O. Reg. 293/07: GENERAL

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ontario regulation 293/07

made under the

Legal Aid Services Act, 1998

Made: June 27, 2007
Filed: July 3, 2007
Published on e-Laws: July 4, 2007
Printed in The Ontario Gazette: July 21, 2007

Amending O. Reg. 107/99

(General)

1. (1) Subsection 1 (2) of Ontario Regulation 107/99 is amended by striking out “dated December 13, 1999 and produced by Legal Aid Ontario” at the end and substituting “dated May 11, 2007 and produced by and available from Legal Aid Ontario”.

(2) Subsection 1 (3) of the Regulation is amended by striking out “produced by Legal Aid Ontario” at the end and substituting “produced by and available from Legal Aid Ontario”.

(3) Subsection 1 (4) of the Regulation is amended by adding “and available from Legal Aid Ontario” at the end.

2. (1) Subclause (b) (i) of Note C of Schedule 1 to the Regulation is amended by striking out “section 43” and substituting “subsection 44 (2)”.

(2) Note N of Schedule 1 to the Regulation is revoked and the following substituted:

N. Subject to Notes B and L, the hourly rate payable for all services in criminal matters is,

(a) in the case of services performed under a certificate issued before August 1, 2002, $67;

(b) in the case of services performed under a certificate issued on or after August 1, 2002 and before April 1, 2003, $70.35;

(c) in the case of services performed under a certificate issued on or after April 1, 2003 and before April 1, 2007, $73.87; and

(d) in the case of services performed under a certificate issued on or after April 1, 2007, $77.56.

(3) Item 8.3 of Part IV of the Table to Schedule 1 to the Regulation is revoked and the following substituted:

 

8.3	For all preparation and attendance at,
	(a) one judicial pre-trial hearing before a judge of the Ontario Court of Justice	2
	(b) one judicial pre-trial hearing before a judge of the Superior Court of Justice.	2

(4) Item 17.3 of Part V of the Table to Schedule 1 to the Regulation is revoked and the following substituted:

 

17.3	Despite anything in this Schedule that would otherwise provide for a lower total daily fee, the total daily fee payable to a lawyer for services performed in a remote northern area shall not be less than the following amount if 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 the place where the services are performed is not the location of an area office:
	(a) $800, in the case of services performed under a certificate issued on or after August 1, 2002 and before April 1, 2007;
	(b) $840, in the case of services performed under a certificate issued on or after April 1, 2007.

3. (1) Item 1.1 of Part I of the Table to Schedule 2 to the Regulation is revoked and the following substituted:

 

1.1	For all matters in the Supreme Court of Canada, Ontario Court of Appeal, Superior Court of Justice, Federal Court of Canada, Ontario Court of Justice or a surrogate court or quasi-judicial or administrative boards or commissions and for other matters referred to in Part II of the Table	$67 for services performed under a certificate issued before August 1, 2002
		$70.35 for services performed under a certificate issued on or after August 1, 2002 and before April 1, 2003
		$73.87 for services performed under a certificate issued on or after April 1, 2003 and before April 1, 2007
		$77.56 for services performed under a certificate issued on or after April 1, 2007

(2) Item 26.3 of Part IV of the Table to Schedule 2 to the Regulation is revoked and the following substituted:

 

26.3	Despite anything in this Schedule that would otherwise provide for a lower total daily fee, the total daily fee payable to a lawyer for services performed in a remote northern area shall not be less than the following amount if 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 the place where the services are performed is not the location of an area office:
	(a) $800, in the case of services performed under a certificate issued on or after August 1, 2002 and before April 1, 2007;
	(b) $840, in the case of services performed under a certificate issued on or after April 1, 2007.

4. Item 1 of Schedule 3 to the Regulation is revoked and the following substituted:

 

1.	Fees for law clerks and investigators in the employ of the lawyer, per hour	$23
2.	Fees for articled students in the employ of the lawyer, per hour	$46

5. (1) Item 1 of Schedule 4 to the Regulation is revoked and the following substituted:

 

1.	Subject to item 2, performance of duties as duty counsel under section 24 of Ontario Regulation 106/99, to a maximum of five hours	$57 for services performed before August 1, 2002
		$70.35 for services performed on or after August 1, 2002 and before April 1, 2003
		$73.87 for services performed on or after April 1, 2003 and before April 1, 2007
		$77.56 for services performed on or after April 1, 2007

(2) Note D.1 of Schedule 4 to the Regulation is revoked and the following substituted:

D.1 Despite anything in this Schedule that would otherwise provide for a lower total daily fee, the total daily fee payable to a lawyer for services performed in a remote northern area shall not be less than the following amount if 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 the place where the services are performed is not the location of an area office:

1. In the case of services performed on or after August 1, 2002 and before April 1, 2007, $800.

2. In the case of services performed on or after April 1, 2007, $840.

6. (1) Subject to subsection (2), this Regulation is deemed to have come into force on April 1, 2007.

(2) Section 1 and subsection 2 (1) come into force on the day this Regulation is filed.

 

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