A-14, r. 2 - Regulation respecting legal aid

Updated to 5 January 2014

This document has official status.

chapter A-14, r. 2

Regulation respecting legal aid

Act respecting legal aid and the provision of certain other legal services

(chapter A-14, s. 80, 1st par., subpars. a, a.1 to a.8, b to b.2, h to h.3, l, q and s and 2nd and 3rd pars.).

The fees prescribed in the Regulation have been indexed as of 1 June 2013 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 1 June 2013, page 652. (ss. 18, 20, 21)

0.1. This Regulation applies to persons eligible for legal aid under Chapter II of the Act respecting legal aid and the provision of certain other legal services (chapter A-14).

S.Q. 2010, c. 12, s. 32.

DIVISION I INTERPRETATION

1. In this Regulation, the costs of legal aid include all the fees and costs referred to in section 5 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) or, where legal aid is granted for the legal services described in paragraph 1.1 of section 4.7 of the Act, the fees referred to in section 5.1 of the Act in the proportion set out in section 29.2; in all cases, the fees are fixed in accordance with the tariffs applicable under section 83.21 of the Act and, in the case of a recipient to whom section 61.1 of the Act applies, in accordance with any determination made by the Commission des services juridiques under the first paragraph of section 83.12 of the Act; the costs include court fees and the duties payable for services rendered by a registrar; the costs of legal aid also include administrative expenses that are established at $50 except where legal aid is granted for the legal services described in paragraph 1.1 of section 4.7 of the Act.

Where the adverse party is condemned to pay the costs, the costs taxed against and recovered from that party shall be deducted from the costs of legal aid.

O.C. 1073-96, s. 1; O.C. 1454-97, s. 1; S.Q. 2010, c. 12, s. 33; O.C. 866-2013, s. 1.

2. For the purposes of section 1.2 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), a person other than the father or mother who may compose a family with children is the person who has custody of the children under a judgment of the court, except in the case of a foster family within the meaning of the Act respecting health services and social services (chapter S-4.2) or of the Act respecting health services and social services for Cree Native persons (chapter S-5).

O.C. 1073-96, s. 2.

3. For the purposes of section 1.2 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), a child of full age attends an educational institution if he pursues in that institution, on a full-time basis, a program of secondary, college or university studies recognized by the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology.

“Full-time” means

(1)  at the secondary level, being registered as a full-time student in a secondary school;

(2)  at the college level, taking at least 4 courses or 180 periods during a session;

(3)  at the university level, taking courses giving entitlement to 12 credits during a session.

A child of full age who attends an educational institution referred to in the first paragraph, who suffers from a major functional deficiency within the meaning of the regulation made under section 10 of the Act respecting financial assistance for education expenses (chapter A-13.3) and who, for that reason, pursues a program of study recognized by the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology on a part-time basis is deemed to pursue it on a full-time basis.

O.C. 1073-96, s. 3; S.Q. 2013, c. 28, s. 205.

4. A child of full age who ceased to attend an educational institution on a full-time basis before being awarded an undergraduate university diploma is considered to continue to be part of the family for the 3 years following the date of cessation, unless he is in any of the situations provided for in section 5.

O.C. 1073-96, s. 4.

5. For the purposes of section 1.2 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), a minor child or a child of full age who is in any of the following situations is considered to cease to be part of the family and to be an adult:

(1)  he no longer attends an educational institution on a full-time basis, he holds employment and he does not depend on his family for his living;

(2)  he is the holder of an undergraduate university degree and attends an educational institution;

(3)  he has met his own needs and has not resided with his family for at least 2 years, excluding any period of full-time attendance in an educational institution;

(4)  he has held remunerated employment on a full-time basis or has received, in respect of such employment, benefits under the Employment Insurance Act (S.C. 1996, c. 23), for at least 2 years;

(5)  he is or was married;

(6)  he lives or lived with another person in a de facto union and cohabits or has cohabited at a given time with that person for at least 1 year;

(7)  he is or was the father of a child or she is or was the mother of a child;

(8)  she has been pregnant for at least 20 weeks; or

(9)  his father, mother or the person designated in section 2 cannot be found or they refuse to meet his needs.

O.C. 1073-96, s. 5.

DIVISION II DETERMINATION OF INCOME AND ASSETS FOR THE PURPOSES OF FINANCIAL ELIGIBILITY FOR LEGAL AID

6. Financial eligibility for legal aid shall be determined by taking into consideration the income for the taxation year preceding the year of the application for legal aid. Notwithstanding the foregoing, eligibility shall be determined by taking into consideration the estimated income for the taxation year in which the application for aid is made where such income is liable to affect the applicant’s financial eligibility or to influence the amount of the contribution exigible from him.

Financial eligibility shall be determined by also taking into consideration the value of the assets, including property and liquidities, owned on the date of the application.

O.C. 1073-96, s. 6; O.C. 1454-97, s. 2.

6.1. For the purposes of determining financial eligibility, the income and assets of the applicant and those of his spouse shall be taken into consideration.

Notwithstanding the foregoing, where the legal services are applied for in respect of a child or for his benefit, the following shall be taken into consideration:

(1)  the child’s income and liquidities; and

(2)  the income and the value of the assets, including property and liquidities, of the father or mother who has custody of the child or, as the case may be, those of the person referred to in section 2.

O.C. 1454-97, s. 2.

7. Notwithstanding section 6.1, the financial eligibility of a person shall be determined

(1)  not taking into consideration the income and assets of the applicant’s spouse where they have opposed interests in a case or recourse;

(2)  taking into consideration only the income and the value of the liquidities of the minor where legal aid is required by that person or for his benefit

(a)  for proceedings under the Youth Protection Act (chapter P-34.1) or the Youth Criminal Justice Act (S.C. 2002, c. 1); or

(b)  in the context of any other case or recourse, if the interests of the minor are opposed to those of his father or mother or, as the case may be, those of the person referred to in section 2.

O.C. 1073-96, s. 7; O.C. 1454-97, s. 3.

8. In order to determine financial eligibility, income, gains and benefits from all sources shall be considered, except

(1)  child tax benefits received under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) and amounts received under the Children’s Special Allowances Act (S.C. 1992, c. 48, Sch.);

(2)  amounts received under the child assistance measure;

(3)  principal and interest received as the solidarity tax credit, goods and services tax credit and tax credit for persons who take care of their elderly parents;

(4)  the refundable tax credit respecting the work premium granted by the Agence du revenu du Québec; and

(5)  amounts received under programs made under the Act respecting the Société d’habitation du Québec (chapter S-8).

Student bursaries shall be included in the income.

O.C. 1073-96, s. 8.

9. In the case of an income from business, financial eligibility shall be determined on the basis of net income within the meaning of the Taxation Act (chapter I-3), determined on the basis of the accrued accounting method, in accordance with generally recognized accounting principles.

In calculating the net income from business, the amortization of goods used for the business shall be excluded and a repayment of principal is not considered as an operating expense.

O.C. 1073-96, s. 9; O.C. 1454-97, s. 4.

10. In the case of an income from an immovable, the qualifying expenses for the purposes of the Taxation Act (chapter I-3), excluding the amortization, shall be deducted from such income.

O.C. 1073-96, s. 10.

11. In the case of a capital gain, the qualifying capital losses for the purposes of the Taxation Act (chapter I-3) and related to that gain shall be deducted therefrom.

O.C. 1073-96, s. 11.

12. The following amounts shall be deducted from the income:

(1)  the amount of the tuition fees that would be deductible under the Taxation Act (chapter I-3);

(2)  the amount of the childcare expenses paid, up to the amount eligible for the tax credit for those expenses under the Taxation Act;

(3)  support payments; and

(4)  expenses incurred to make up for a severe physical or mental deficiency.

O.C. 1073-96, s. 12.

13. In order to determine financial eligibility, all assets shall be considered, including property and liquidities, but excluding

(1)  any automobile mainly used for personal purposes;

(2)  the furniture which furnishes the main residence, used by and necessary for the life of the household;

(3)  the instruments of work needed for the personal exercise of a professional activity;

(4)  the value of the pension credits accrued in any retirement or pension plan or in any retirement fund, and the amounts accrued with interest in another retirement savings instrument where, under the plan, the savings instrument or the law, the pension credits accrued in the plan or the accrued amounts may not be returned to the participant before retirement age; and

(5)  the principal from student loans and bursaries.

O.C. 1073-96, s. 13.

14. The value of the pension credits or of the amounts referred to in paragraph 4 of section 13 shall be included in the assets other than liquidities where those amounts or credits may, upon request by the participant, be returned to him under the plan, retirement instrument or law.

O.C. 1073-96, s. 14.

15. The value of property means its market value.

Notwithstanding the foregoing, the value of any immovable entered on the assessment roll of a municipality shall be the value on the roll, multiplied by the comparative factor of the roll, in accordance with the provisions of the Act respecting municipal taxation (chapter F-2.1).

Liabilities shall be deducted from the total value of the property.

O.C. 1073-96, s. 15.

16. Liquidities comprise everything that is owned in cash or in an equivalent form and the value of assets that can be converted into cash at short notice, such as

(1)  funds that a financial institution holds on deposit for a person or funds that the institution holds in his favour if the person has ready access to those funds;

(2)  securities, if they are regularly quoted on the market on which they are traded;

(3)  claims of which immediate repayment can be obtained; and

(4)  any assets negotiable at sight.

They also include the total amount of any term deposit.

Notwithstanding the foregoing, the following is included in the assets other than liquidities:

(1)  the principal of an indemnity paid following an expropriation of immovable property or damage to compensate for the loss of immovable property if it is used within 2 years of its receipt to replace the property with a view to permanently relocating a person;

(2)  the principal from the sale of a residence if it is used to buy or to build another within 6 months of the sale; and

(3)  the principal from the partition of the family patrimony if it is used within one year following receipt to replace the property concerned.

O.C. 1073-96, s. 16.

17. The income and assets established in accordance with the provisions of this Division constitute the income and assets for the purposes of financial eligibility for legal aid.

O.C. 1073-96, s. 17.

DIVISION III FINANCIAL ELIGIBILITY FOR LEGAL AID

18. In addition to the persons who are deemed to be financially eligible for gratuitous legal aid under the second paragraph of section 4.1 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), an applicant who meets the 3 following conditions is financially eligible for gratuitous legal aid:

(1)  his annual income, within the meaning of section 17, and that of the other persons whose income is considered under this Regulation does not exceed, among the following levels, the level corresponding to the class applicable to the applicant:

Class of applicants                                            Maximum annual level

In the case of a single person                                       $16,306       

In the case of an applicant whose family is composed of:

- an adult and 1 child                                               $19,948

- an adult and 2 children or more                                    $21,296

- spouses without children                                           $22,691

- spouses with 1 child                                               $25,389

- spouses with 2 children or more                                    $26,737.
                                    

(2)  the value of his assets, within the meaning of section 17, and of those of the other persons whose assets are considered under this Regulation, except for their liquidities, does not exceed

(a)  $47,500 if neither the applicant nor his spouse is the owner of the residence; or

(b)  $90,000 if the applicant or his spouse is the owner of the residence;

(3)  his liquidities and those of the other persons whose liquidities are considered under this Regulation do not exceed

(a)  $2,500, in the case of a single person; or

(b)  $5,000, in the case of a family.

O.C. 1073-96, s. 18; O.C. 1454-97, s. 5; O.C. 1277-2005, ss. 1, 4, 7, 10 and 13; O.C. 438-2012, s. 1; O.C. 1280-2013, s. 1.

19. An applicant who does not meet any of the 3 conditions set out in section 18 may, to the extent provided for in section 20, be declared financially eligible for contributory legal aid.

For the purposes of determining such financial eligibility:

(1)  where the applicant does not meet any of the conditions set out in paragraphs 2 and 3 of section 18:

(a)  the value of the assets, other than liquidities, that he owns and that the other persons whose assets are considered under this Regulation own and that exceeds, according to the class applicable to the applicant, the values provided for in paragraph 2 of section 18, is deemed to constitute, in a proportion of 10% of the value in excess, income that must be added to the other income considered for eligibility purposes pursuant to section 20;

(b)  his liquidities and those of the other persons whose liquidities are considered under this Regulation and that exceed, according to the class applicable to the applicant, the values provided for in paragraph 3 of section 18, are deemed to constitute income that must be added to the other income considered for eligibility purposes pursuant to section 20;

(2)  where the applicant meets the condition set out in paragraph 1 of section 18, but not those in paragraph 2 or 3 of the same section, the income considered for eligibility purposes pursuant to section 20 are deemed to be equal to the sum of the maximum annual level, according to the class applicable to the applicant, fixed in paragraph 1 of section 18 and the income deemed to be added under subparagraph 1 of the second paragraph of this section.

O.C. 1073-96, s. 19; O.C. 1454-97, s. 6.

20. An applicant who is not financially eligible for gratuitous legal aid under section 18, but whose annual income within the meaning of section 17 and that of the other persons whose income is considered under this Regulation, including their deemed income under section 19, does not exceed, among the following levels, the level corresponding to the class applicable to the applicant, is financially eligible for contributory legal aid:

Class of applicants                                            Maximum annual level

In the case of a single person                                       $26,309

In the case of an applicant whose family is composed of:

- an adult and 1 child                                               $32,185

- an adult and 2 children or more                                    $34,360

- spouses without children                                           $36,616

- spouses with 1 child                                               $40,965

- spouses with 2 children or more                                    $43,141.
                

O.C. 1073-96, s. 20; O.C. 1454-97, s. 7; O.C. 1277-2005, ss. 2, 5, 8, 11 and 14; O.C. 438-2012, s. 1; O.C. 1280-2013, s. 2.

21. Subject to the provisions of section 23, an applicant who is financially eligible for legal aid under section 20 is required to pay the contribution established in the following table that corresponds to the class applicable to the applicant and to the income considered for eligibility purposes pursuant to section 20:

Class of applicants                   Income              Level of contribution

Single person                   $16,307 to $17,556                $100  
                                $17,557 to $18,806                $200  
                                $18,807 to $20,057                $300  
                                $20,058 to $21,307                $400  
                                $21,308 to $22,557                $500  
                                $22,558 to $23,807                $600  
                                $23,808 to $25,058                $700  
                                $25,059 to $26,309                $800  

Class of applicants                   Income              Level of contribution

Family composed of              $19,949 to $21,478                $100  
an adult and 1 child            $21,479 to $23,007                $200  
                                $23,008 to $24,537                $300  
                                $24,538 to $26,066                $400  
                                $26,067 to $27,596                $500  
                                $27,597 to $29,125                $600  
                                $29,126 to $30,655                $700  
                                $30,656 to $32,185                $800  

Class of applicants                   Income              Level of contribution

Family composed of              $21,297 to $22,929                $100  
an adult and                    $22,930 to $24,562                $200  
2 children or more              $24,563 to $26,195                $300  
                                $26,196 to $27,828                $400  
                                $27,829 to $29,460                $500  
                                $29,461 to $31,093                $600  
                                $31,094 to $32,726                $700  
                                $32,727 to $34,360                $800  

Class of applicants                   Income              Level of contribution

Family composed of              $22,692 to $24,432                $100  
spouses without children        $24,433 to $26,172                $200  
                                $26,173 to $27,913                $300  
                                $27,914 to $29,653                $400  
                                $29,654 to $31,394                $500  
                                $31,395 to $33,134                $600  
                                $33,135 to $34,875                $700  
                                $34,876 to $36,616                $800  

Class of applicants                   Income              Level of contribution

Family composed of              $25,390 to $27,335                $100  
spouses with 1 child            $27,336 to $29,282                $200  
                                $29,283 to $31,229                $300  
                                $31,230 to $33,176                $400  
                                $33,177 to $35,123                $500  
                                $35,124 to $37,070                $600  
                                $37,071 to $39,017                $700  
                                $39,018 to $40,965                $800  

Class of applicants                   Income              Level of contribution

Family composed of              $26,738 to $28,787                $100  
spouses with                    $28,788 to $30,837                $200   
2 children or more              $30,838 to $32,888                $300  
                                $32,889 to $34,938                $400   
                                $34,939 to $36,989                $500   
                                $36,990 to $39,039                $600   
                                $39,040 to $41,090                $700   
                                $41,091 to $43,141                $800.
                        

O.C. 1073-96, s. 21; O.C. 1454-97, s. 8; O.C. 1277-2005, ss. 3, 6, 9, 12 and 15; O.C. 438-2012, s. 1; O.C. 1280-2013, s. 3.

21.0.1. (Revoked).

O.C. 1277-2005, s. 16; O.C. 1280-2013, s. 4.

21.1. An applicant who is a group of persons or a non-profit legal person is financially eligible for gratuitous legal aid if the annual income of that group or legal person, within the meaning of section 9, does not exceed the level established in section 18 for a single person, if the value of its assets, including property and liquidities, does not exceed $90,000 and if at least 50% of its members are financially eligible for gratuitous legal aid.

O.C. 1454-97, s. 9.

21.2. A group of persons or a non-profit legal person who is financially ineligible for gratuitous legal aid under section 21.1 is financially eligible for contributory legal aid if the following 2 conditions are met:

(1)  the group or the legal person meets the conditions of eligibility for gratuitous legal aid under section 21.1 or the conditions of eligibility for contributory legal aid applicable to a single person under section 20; and

(2)  at least 50% of its members are financially eligible for gratuitous or contributory legal aid.

O.C. 1454-97, s. 9.

21.3. For the purposes of the second paragraph of section 63 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), an applicant who institutes or intends to institute a class action is financially eligible for gratuitous legal aid if the following 3 conditions are met:

(1)  the applicant, in the case of a natural person, is financially eligible for gratuitous legal aid or, in the case of a legal person, a cooperative or an association referred to in article 1048 of the Code of Civil Procedure (chapter C-25), its annual income, within the meaning of section 9, does not exceed the level established in section 18 for a single person and the value of its assets, including property and liquidites, does not exceed $90,000;

(2)  at least 50% of the members in the group that the applicant represents or intends to represent have made themselves known; and

(3)  at least 50% of the members in the group who have made themselves known are financially eligible for gratuitous legal aid.

O.C. 1454-97, s. 9.

21.4. An applicant who institutes or intends to institute a class action and who does not meet the conditions of eligibility for gratuitous legal aid is financially eligible for contributory legal aid if the following 3 conditions are met:

(1)  the applicant, in the case of a natural person, is financially eligible for gratuitous or contributory legal aid or, in the case of a legal person, a cooperative or an association referred to in article 1048 of the Code of Civil Procedure (chapter C-25), it meets the conditions of eligibility for gratuitous legal aid applicable to that category of applicants under paragraph 1 of section 21.3 or the conditions of eligibility for contributory legal aid applicable to a single person under section 20;

(2)  at least 50% of the members in the group that the applicant represents or intends to represent have made themselves known; and

(3)  at least 50% of the members in the group who have made themlselves known are financially eligible for gratuitous or contributory legal aid.

O.C. 1454-97, s. 9.

21.5. The financial eligibility of the members of a group or of a non-profit legal person and that of the members of a group for which a class action is instituted shall be determined by taking into consideration the financial condition of the members of their families whose income and assets are considered under this Regulation.

O.C. 1454-97, s. 9.

21.6. Subject to the provisions of section 23, any contribution exigible from a group of persons, a non-profit legal person or a person who institutes or intends to institute a class action is $800.

O.C. 1454-97, s. 9.

22. Subject to the provisions of section 23, the contribution exigible from an applicant financially eligible for legal aid under section 4.3 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) is $800.

O.C. 1454-97, s. 10.

23. Any exigible contribution may in no case exceed the amount corresponding to the costs of legal aid for the legal services covered by the certificate of eligibility.

O.C. 1073-96, s. 23; O.C. 1454-97, s. 11.

24. Where the applicant resides in a remote region

(1)  the maximum annual level of his income, below which a person is financially eligible for gratuitous legal aid or contributory legal aid, as established in paragraph 1 of section 18 or in section 20, shall be increased by 20%; and

(2)  each of the amounts appearing under the column «Income» in the table of section 21 shall be increased by 20%.

An applicant is a resident of a remote region if, upon submitting his application for legal aid, he has resided or, in the case of a legal person, has had its head office, for at least 6 consecutive months in any of the localities of Mistissini, Oujé-Bougoumou or Waswanipi or in a locality situated in any part of the territory of Québec extending north of the 51st degree of latitude, or in the territory of Côte-Nord extending east of Havre-Saint-Pierre to the eastern limit of Québec, including Île d’Anticosti.

O.C. 1073-96, s. 24; O.C. 1454-97, s. 12.

25. The amounts of income, liquidities and other assets considered for the purposes of financial elibigility for gratuitous or contributory legal aid and the amounts of income considered for the purposes of establishing the contribution shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.

O.C. 1073-96, s. 25.

DIVISION IV PAYMENT OF CONTRIBUTION

26. An applicant who meets the conditions of eligibility for contributory legal aid must, to receive a certificate of eligibility, pay administrative expenses of $50 to the local legal aid centre or bureau where legal aid was applied for, except if the certificate is issued for the legal services described in paragraph 1.1 of section 4.7 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14).

O.C. 1073-96, s. 26; O.C. 866-2013, s. 2.

27. The recipient is required to pay the contribution exigible to the local legal aid centre or bureau that issued the certificate of eligibility or, where the certificate is issued for the legal services described in paragraph 1.1 of section 4.7 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), to the local legal aid centre or bureau where the certificate was applied for.

O.C. 1073-96, s. 27; O.C. 1454-97, s. 13; O.C. 866-2013, s. 3.

28. (Revoked).

O.C. 1073-96, s. 28; O.C. 1454-97, s. 14.

29. Not later than 15 days following the date of issuance of the certificate of eligibility, the recipient shall pay to the legal aid centre an amount equal to the actual foreseeable costs of legal aid for the legal services covered by the certificate of eligibility, up to the amount of the maximum contribution exigible from the recipient.

Notwithstanding the foregoing, the director general may, within that period, agree with the debtor to such amount being paid in instalments. Such agreement may be concluded only if the legal services must be rendered without delay and if the debtor has no liquidities, other than those required to support himself and meet his basic needs and those of his family, to pay the exigible contribution in one instalment, but is financially able to pay it in regular instalments.

The agreement shall state terms and conditions for repaying the contribution and the total period over which the instalments will be spread. That period may not exceed 6 months from the date on which the agreement is concluded.

O.C. 1073-96, s. 29; O.C. 1454-97, s. 15.

29.1. Where a recipient fails to pay all or part of the exigible contribution, the director general shall without delay so notify him and shall inform him that, in accordance with the third paragraph of section 70 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), the default may entail the suspension or withdrawal of the legal aid. A copy of that notice and, where applicable, of any notice of suspension or withdrawal of legal aid, as well as of any formal demand, shall be forwarded to the advocate or notary in charge of the recipient’s record.

O.C. 1454-97, s. 15.

DIVISION IV.1 PAYMENT OF THE COSTS OF LEGAL AID FOR LEGAL SERVICES DESCRIBED IN PARAGRAPH 1.1 OF SECTION 4.7 OF THE ACT RESPECTING LEGAL AID AND THE PROVISION OF CERTAIN OTHER LEGAL SERVICES

O.C. 866-2013, s. 4.

29.2. An applicant who, under the second paragraph of section 4 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), meets the conditions of eligibility for legal aid must, to receive the certificate of eligibility, pay to the local legal aid centre or bureau where the certificate was applied for half the fees referred to in section 5.1 of the Act; where two applicants or more represent the creditor or debtor party in the agreement, half of those fees is to be paid in equal shares by those applicants.

O.C. 866-2013, s. 4.

DIVISION V APPLICATION FOR LEGAL AID AND CERTIFICATE OF ELIGIBILITY

O.C. 1073-96, Div. V; O.C. 1454-97, s. 16.

30. A person requiring legal services shall apply therefor personally, unless he is prevented from doing so, in which case the application for legal aid may be submitted, in his name or for his benefit, by his tutor, his curator, a mandatary carrying out the mandate given in anticipation of the incapacity of the mandator, a relative or a friend.

If the application for legal aid is aimed at obtaining the institution or review of protective supervision for a third party, the homologation or revocation of the mandate given by that person in anticipation of his incapacity or the custody of that person against his will in a health or social services institution or his psychiatric examination, the person making the application for the third party is deemed to be financially eligible where such third party is himself financially eligible for legal aid.

O.C. 1073-96, s. 30; O.C. 1454-97, s. 17.

31. Unless the applicant is eligible under the second paragraph of section 4 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) and declares that he or she is not financially eligible under section 64 of the Act, an applicant must, in the manner prescribed in sections 34 to 34.2, disclose his or her financial situation and that of the other members of the family whose income, liquidities and other assets are considered under this Regulation.

To that end, the applicant shall

(1)  give his name, his place of residence and those of his family members;

(2)  indicate his social insurance number;

(3)  indicate his file number, if he receives benefits under a last resort financial assistance program;

(4)  indicate his date of birth and those of his family members;

(5)  give the name and address of his employer and those of his family members whose income, liquidities and other assets are considered under this Regulation;

(6)  establish his income, assets and liabilities, as well as those of the members of his family whose financial condition is considered under this Regulation.

Where attendance at an educational institution or the obtention of a university diploma is taken into consideration for the purposes of financial eligibility, the person declaring that fact shall provide proof thereof.

The applicant shall also describe the facts on which the application for legal aid is based.

O.C. 1073-96, s. 31; O.C. 1454-97, s. 18; O.C. 866-2013, s. 5.

32. An applicant that is a group of persons or a non-profit legal person shall, in the manner prescribed in sections 34 to 34.2, give an account of the financial situation of the group or non-profit legal person and of at least 50% of its members who are financially eligible for legal aid. The person making the application on behalf of the group or legal person shall

(1)  provide its constituting act in the case of a legal person or, in the case of a group, demonstrate that it is not a profit-seeking group and describe the objectives of the group or legal person and the territory served or to be served;

(2)  indicate the number of members and the accounting system used;

(3)  establish the income, assets and liabilities of the group or legal person, as well as those of at least 50% of its members who are financially eligible for legal aid; and

(4)  describe the facts justifying the application for legal aid.

O.C. 1073-96, s. 32; O.C. 1454-97, s. 19.

32.1. Where the applicant institutes or intends to institute a class action, he shall, in the manner prescribed in sections 34 to 34.2, describe his financial condition and that of at least 50% of the members who, among the group that the applicant represents or intends to represent, have made themselves known and are financially eligible for legal aid.

For that purpose, the applicant shall

(1)  indicate the number of members who have made themselves known and the estimated number of members likely to be represented;

(2)  establish

(a)  his income, assets and liabilities, as well as those of the members of his family whose financial condition is considered under this Regulation; and

(b)  the income, assets and liabilities of at least 50% of the members of the group that he represents or intends to represent, who have made themselves known and are financially eligible for legal aid; and

(3)  describe the facts justifying the application for legal aid.

O.C. 1454-97, s. 19.

33. The application shall also contain an undertaking by the applicant

(1)  to inform without delay the director general who issues the certificate of eligibility for legal aid of any change in his situation, or that of the other persons whose financial condition is considered, affecting his eligibility for legal aid;

(2)  to inform without delay the director general who issues the certificate of eligibility for legal aid of any property or pecuniary right he will acquire after having received for that purpose services rendered by an advocate or notary;

(2.1)  to inform without delay the director general who issues the certificate of eligibility for legal aid of any change in his place of residence;

(2.2)  if legal aid is granted to him in respect of a claim to refugee status, to inform without delay the director general who issues the certificate of eligibility to him of the date on which he will be heard by the Refugee Protection Division of the Immigration and Refugee Board of Canada instituted under the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

(3)  to repay the costs of legal aid in accordance with the Act respecting legal aid and the provision of certain other legal services (chapter A-14) and this Regulation, where applicable; and

(4)  to pay the contribution exigible pursuant to Division IV, where applicable.

Despite the foregoing, where an applicant is eligible under the second paragraph of section 4 of the Act respecting legal aid and the provision of certain other legal services and declares that he or she is not financially eligible under section 64 of the Act, the application must contain only the applicant’s undertaking referred to in subparagraph 2.1 of the first paragraph.

O.C. 1073-96, s. 33; O.C. 1454-97, s. 20; O.C. 866-2013, s. 6.

34. The income of the applicant and of the other persons whose financial condition is considered under this Regulation shall be established, for the taxation year preceding the date of the application for legal aid, by means of the fiscal return, for that year, of the persons concerned and the notice of assessment related thereto. If those documents are not filed, the applicant shall provide a statement of that income.

Where eligibility is established by considering the estimated income for the taxation year in which the application for aid is filed, that income shall be established by filing a statement of the income of the applicant and of the other persons whose financial condition is considered.

O.C. 1073-96, s. 34; O.C. 1454-97, s. 21.

34.1. An applicant shall, to the extent prescribed by this Regulation, file with his application a statement of the assets, including property and liquidities, he owns on the date of the application, as well as a statement of his liabilities.

The applicant shall also file a statement of the assets, including property and liquidities, owned on the date of the application for legal aid by the other persons whose financial condition is considered, as well as a statement of their liabilities.

O.C. 1454-97, s. 21.

34.2. An applicant shall provide documentary evidence of his income, assets and liabilities and shall attach to his application his authorization in writing for the legal aid centre to verify that data with the taxation authorities concerned, a financial institution, an agency, an educational institution, a government department or an employer.

The applicant shall also provide documentary evidence of the income, assets and liabilities of the other persons whose financial condition is considered. Failing that, those other persons shall attach to the application their authorization in writing for the legal aid centre to verify that data with the taxation authorities concerned, a financial institution, an agency, an educational institution, a government department or an employer.

O.C. 1454-97, s. 21.

35. When requested to do so by the legal aid centre, an applicant or, as the case may be, a recipient shall file or arrange for the filing of any other document necessary for determining whether he is eligible for legal aid or for re-examining his eligibility.

O.c. 1073-96, s. 35; O.C. 1454-97, s. 21.

36. An application shall include a declaration, duly signed by the applicant, indicating that the information and documents provided by him are accurate.

Where the other persons whose financial condition is considered cannot file documentary evidence of their income, assets and liabilities, they shall attach to the application a declaration, duly signed by them, indicating that the information provided by them is accurate.

O.C. 1073-96, s. 36; O.C. 1454-97, s. 22.

36.1. An applicant eligible under the second paragraph of section 4 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) must, to be exempt from the obligation to disclose his or her financial situation and that of his or her family upon making the application, file a duly signed declaration to that effect whereby the applicant waives the assessment of his or her financial eligibility.

O.C. 866-2013, s. 7.

37. Any person who receives benefits, other than special benefits, under a last resort financial assistance program provided for in Title IV of the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1) or who is a member of a family receiving such benefits is exempt from the obligation to disclose his financial condition and that of his family upon making his application. That person shall however provide proof thereof.

O.C. 1073-96, s. 37.

37.1. The period for which a certificate of eligibility is issued under section 66 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) begins on the date of the application for legal aid.

For the purposes of the first paragraph, an application for legal aid is considered to be made on the earlier of the following dates:

— the date on which the application, duly completed and signed, is received by the local legal aid centre or bureau; and

— the date on which an appointment is arranged with the local legal aid centre or bureau, either by the applicant or the advocate or notary acting for him, for the purpose of completing the application.

Despite the foregoing, where the certificate is issued for the legal services described in paragraph 1.1 of section 4.7 of the Act respecting legal aid and the provision of certain other legal services, the period for which the certificate is issued begins on the date on which the applications for legal aid of all the parties to the agreement are received by a local legal aid centre or bureau and on which the amounts they are required to pay under section 29.2 or the contributions exigible from them are paid in full, subject to, in the latter case, an agreement concluded under the second paragraph of section 29 between the director general and the applicant who meets the conditions of eligibility for contributory legal aid.

O.C. 1454-97, s. 23; O.C. 866-2013, s. 8.

DIVISION V.1 SUSPENSION AND WITHDRAWAL OF LEGAL AID AND CESSATION OF FINANCIAL ELIGIBILITY

O.C. 1454-97, s. 24.

37.2. Suspension or withdrawal of legal aid entails the cessation of the legal services covered by the certificate of eligibility, from the receipt by the recipient or the advocate or notary in charge of the record of a notice informing them of the suspension or withdrawal, as the case may be.

Notwithstanding the suspension or withdrawal of legal aid, the advocate or notary in charge of the record shall render any legal services required to perform conservatory acts necessary for preserving the rights of the person subject to the suspension or withdrawal.

O.C. 1454-97, s. 24.

37.3. Subject to section 71 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), cessation of the recipient’s financial eligibility by that fact terminates the legal aid.

The provisions of section 37.2 apply, with the necessary modifications, where the recipient ceases to be financially eligible.

O.C. 1454-97, s. 24.

DIVISION V.2 REIMBURSEMENT OF THE COSTS OF LEGAL AID

O.C. 866-2013, s. 9.

37.3.1. Where the withdrawal of legal aid is notified to the parties in accordance with section 4.11.1 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), each of the parties is entitled to the reimbursement of either the contribution exigible from the party, or the amount that the party is required to pay under section 29.2, less half the advocate’s fees set pursuant to section 83.21 of the Act and, if legal aid is withdrawn after the agreement between the parties is filed with the court office, less half the court fees payable under the tariff applicable in civil matters.

O.C. 866-2013, s. 9.

DIVISION VI RECOVERY OF THE COSTS OF LEGAL AID

37.4. Where the costs of legal aid are recovered, those costs include, in addition to what is listed in section 1, the costs of the demand notice provided for in section 73.3 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) and incurred by the legal aid centre.

O.C. 1454-97, s. 25.

38. A person to whom legal services have been provided by an advocate or notary in the employ of a legal aid centre, under a conditional certificate of eligibility issued under section 67 or 74 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), is bound to repay to the centre, upon request, the costs of the legal aid obtained if the director general or the review committee, as the case may be, decides that he is ineligible for legal aid, having examined his application.

A person who, in accordance with section 68 of that Act, notifies the centre that has issued his certificate of any change in his situation or that of his family making him financially ineligible for any gratuitous or contributory legal aid is bound to repay the costs of legal aid only in respect of the legal services rendered after ceasing to be financially eligible for legal aid.

The following persons are also bound to repay to the legal aid centre, upon request, the costs of legal aid:

(1)  a person who, by reason of the legal services obtained under that Act, acquires property or a pecuniary right that renders him financially ineligible for any gratuitous or contributory legal aid;

(2)  a person to whom legal aid is withdrawn in the case provided for in section 70 of that Act;

(3)  (subparagraph revoked).

For the purposes of the second paragraph and of subparagraph 1 of the third paragraph, the director general shall proceed with a new examination of the financial eligibility of the recipient for the taxation year in which that person ceases to be financially eligible for any legal aid.

The recipient’s financial eligibility shall also be reexamined within 15 days following receipt by the recipient of a notice of hearing before the Refugee Protection Division of the Immigration and Refugee Board of Canada.

O.C. 1073-96, s. 38; O.C. 1454-97, s. 26; O.C. 866-2013, s. 10.

38.1. The provisions of Division V apply with the necessary modifications where, in accordance with the fourth and fifth paragraphs of section 38, the recipient’s financial eligibility is re-examined.

O.C. 1454-97, s. 27.

39. Where the financial eligibility of a minor was determined considering his income and liquidities only, the father and mother of that person or the person referred to in section 2, as the case may be, shall, once all the legal services have been rendered, repay to the legal aid centre, upon request, all the costs of the legal aid obtained by the minor, without exceeding the contribution that would be exigible from them under Division III. Where such repayment is incumbent upon the father and mother, they are jointly responsible for making it.

Notwithstanding the foregoing, such repayment is not exigible where

(1)  the persons bound to make such repayment are financially eligible for gratuitous legal aid in their own right;

(2)  legal aid was granted, in proceedings under the Youth Protection Act (chapter P-34.1) or the Youth Criminal Justice Act (S.C. 2002, c. 1), in order to ensure representation of or assistance to a minor.

O.C. 1073-96, s. 39; O.C. 1454-97, s. 28.

40. Any debt that must be repaid in accordance with the provisions of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) and of this Division shall be recovered, less any amount already paid to the legal aid centre in the same matter.

O.C. 1073-96, s. 40; O.C. 1454-97, s. 29.

41. Repayment of the costs is exigible

(1)  in the cases provided for in the first paragraph of section 38, from the date of the decision of the director general or, where applicable, from the date of the decision of the review committee to the effect that the person to whom a conditional certificate was issued is ineligible for legal aid;

(2)  in the cases provided for in the second paragraph and in subparagraph 1 of the third paragraph of section 38, from the date on which the recipient ceases to be financially eligible for any legal aid; and

(3)  in the cases provided for in subparagraph 2 of the third paragraph of section 38, from the date on which the director general withdraws the legal aid or from the date of the review committee’s decision confirming the director general’s decision;

(4)  (paragraph revoked).

O.C. 1073-96, s. 41; O.C. 1454-97, s. 30.

42. A debtor shall repay the debt within 30 days of the demand notice sent in accordance with section 73.3 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) or, if the repayment obligation is reviewed, within 30 days of the date of the review committee’s decision confirming, in whole or in part, the director general’s decision on the repayment, unless the director general agrees, in accordance with the first paragraph of section 73.4 of that Act, to the debt being repaid in instalments.

O.C. 1073-96, s. 42.

43. A recoverable amount shall bear interest at the rate fixed by a regulation made under the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002), from the 31st day following the date of the demand notice sent in accordance with section 73.3 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) or, if the repayment obligation is reviewed, from the 31st day following the date of the review committee’s decision confirming in whole or in part the director general’s decision on the repayment.

O.C. 1073-96, s. 43.

DIVISION VII LEGAL SERVICES FOR WHICH LEGAL AID IS GRANTED

43.1. In addition to the legal services for which legal aid is granted under section 4.5 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), that aid shall be granted, in first instance, in any of the following cases:

(1)  to ensure the defence of a person who, being the subject of a conditional sentence order under section 742.1 of the Criminal Code (R.S.C. 1985, c. C-46), appears before the court under section 742.6 of that Code for a breach of a condition of that order; or

(2)  to ensure the defence of a person who, in any of the following cases, is prosecuted before a court for an offence described in paragraph 3 of section 4.5 of the Act respecting legal aid and the provision of certain other legal services;

(a)  the person is detained at the time of his appearance, unless the detention results from his failure to be present in court when required to appear;

(b)  the person is prosecuted for sexual assault or for an offence that consists in having mistreated his spouse or children;

(c)  the person will be brought before the court in the presence of a child under 14 years of age.

Section 4.6 of the Act respecting legal aid and the provision of certain other legal services applies, with the necessary modifications, to appeals lodged and extraordinary recourses exercised in a matter referred to in this section.

O.C. 1454-97, s. 31.

44. Legal aid shall be granted, to the extent provided for in paragraph 7 of section 4.7 and in paragraph 2 of section 4.10 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), to have a decision reviewed or to exercise a recourse before a court, if such review or recourse is related either to an application for benefits, compensation or a payment exemption, or to the recovery of benefits or compensation, and if that application for review is made or that recourse is exercised within the framework of the programs established by the following statutes:

Statutes of Québec

(1)  the Worker’s Compensation Act (chapter A-3);

(2)  the Act respecting industrial accidents and occupational diseases (chapter A-3.001);

(3)  the Individual and Family Assistance Act (chapter A-13.1.1);

(4)  the Automobile Insurance Act (chapter A-25);

(5)  the Health Insurance Act (chapter A-29) for the costs of the services assumed by the Régie de l’assurance maladie and relating to prosthesis, orthopaedic devices, locomotor assists, medical supplies and other equipment used to make up for a physical deficiency;

(6)  the Act to promote good citizenship (chapter C-20);

(7)  the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1);

(8)  the Crime Victims Compensation Act (chapter I-6);

(9)  the Act respecting indemnities for victims of asbestosis and silicosis in mines and quarries (chapter I-7);

(10)  (paragraph revoked);

(11)  the Act respecting the Québec Pension Plan (chapter R-9);

(12)  the Act respecting occupational health and safety (chapter S-2.1);

(12.1)  the Public Health Act (chapter S-2.2);

(13)  (paragraph implicitly revoked; see paragraph 3)

(14)  the Act respecting the Cree Hunters and Trappers Income Security Board (chapter O-2.1);

(15)  the Educational Childcare Act (chapter S-4.1.1);

(16)  the Act respecting health services and social services (chapter S-4.2);

(17)  the Act respecting health services and social services for Cree Native persons (chapter S-5).

Federal statutes

(1)  The Canada Pension Plan (R.S.C. 1985, c. C-8);

(2)  The Old Age Security Act (R.S.C. 1985, c. O-9);

(3)  The Employment Insurance Act (S.C. 1996, c. 23).

O.C. 1073-96, s. 44; S.Q. 2001, c. 60, s. 165.

45. Legal aid shall be granted to a person so that he can be assisted for an examination relating to a parole made by the National Parole Board or the Commission québécoise des libérations conditionnelles, by a member of either board or by a person appointed for that purpose under either Act.

O.C. 1073-96, s. 45.

45.1. Legal advice for which legal aid may be granted under section 4.4 and the second paragraph of section 32.1 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14) shall be given either by advocates or notaries in the employ of a legal aid centre, or by advocates or notaries in private practice.

O.C. 1454-97, s. 33.

DIVISION VIII FINAL

46. This Regulation replaces

(1)  the Regulation respecting eligibility for legal aid (O.C. 941-83, 83-05-11);

(2)  the Regulation respecting legal aid services and the conditions regarding payment of the fees of experts (O.C. 942-83, 83-05-11); and

(3)  the Regulation respecting refunds for the costs of legal aid (O.C. 943-83, 83-05-11).

The Regulation respecting eligibility for legal aid has been replaced by this Regulation except for section 5 which, under section 57 of chapter 23 of the statutes of 1996, continues to apply to persons domiciled or having their principal residence in another province or in a territory of Canada.

O.C. 1073-96, s. 46.

47. (Revoked).

O.C. 1073-96, s. 47; O.C. 1073-96, s. 48.

48. (Omitted).

O.C. 1073-96, s. 48.

TRANSITIONAL

2013

(O.C. 1280-2013) SECTION 6. On 1 June 2015, each of the maximum annual levels of income provided for in paragraph 1 of section 18 of the Regulation respecting legal aid (chapter A-14, r. 2) is increased by the percentage corresponding to the percentage of the difference between $16,306 and the annual income earned by a single person working 35 hours a week for 52 weeks at the minimum wage in force on 1 June 2015.

The amounts thus increased are rounded up to the nearest dollar.

The Minister of Justice is to inform the public of the result of the increase by publishing a notice in the Gazette officielle du Québec showing, in a table, the financial eligibility thresholds thus increased and giving the date on which they take effect. The Minister may also make that information available using any other means the Minister considers appropriate.

SECTION 7. On 1 June 2015, each of the maximum annual levels of income provided for in section 20 of the Regulation respecting legal aid (chapter A-14, r. 2) and the income provided for in section 21 of that Regulation are increased by the percentage corresponding to the percentage of the last effective increase in the general rate of the minimum wage.

The amounts thus increased are rounded up to the nearest dollar.

The Minister of Justice is to inform the public of the result of the increase by publishing a notice in the Gazette officielle du Québec showing, in a table, the financial eligibility thresholds thus increased and giving the date on which they take effect. The Minister may also make that information available using any other means the Minister considers appropriate.

2012

(O.C. 438-2012) SECTION 1. The annual levels of income provided for in paragraph 1 of section 18 and section 20 of this Regulation, as established on 1 January of each of the 2012 to 2014 years in accordance with section 21.0.1 of the Regulation, are increased on 1 June of each of those years, by:

a) 1.65% for the annual levels of income provided for in paragraph 1 of section 18;

b) 10.5% for the annual levels of income provided for in section 20.

The income provided for in section 21 of the Regulation respecting legal aid is adjusted, on 1 June of each of the 2012 to 2014 years, to take those increases into account.

SECTION 2. The amounts resulting from the increases and adjustments provided for in section 1 of this Regulation are rounded off to the nearest dollar.

SECTION 3. The Minister of Justice is to inform the public of the result of the increases and adjustments provided for in this Regulation by publishing a notice in the Gazette officielle du Québec showing, in a table, the financial eligibility thresholds thus increased for the year in question and giving the date on which they take effect. The Minister may also make that information available using any other means the Minister considers appropriate.

REFERENCES

O.C. 1073-96, 1996 G.O. 2, 3949

O.C. 1454-97, 1997 G.O. 2, 5478

S.Q. 2001, c. 60, s. 165

O.C. 1277-2005, 2006 G.O. 2, 197

S.Q. 2010, c. 12, ss. 32 and 33

O.C. 438-2012, 2012 G.O. 2, 1438

O.C. 866-2013, 2013 G.O. 2, 2235

O.C. 1280-2013, 2013 G.O. 3610

S.Q. 2013, c. 28, s. 205