a-14 - Act respecting legal aid and the provision of certain other legal services

Updated to 1 October 1999

This document has official status.

chapter A-14

Legal Aid Act

DIVISION I INTERPRETATION

1996, c. 23, s. 1.

1. In this Act and the regulations unless the context requires a different meaning the following words and expressions mean:

(a)  “recipient” : a person who receives legal aid;

(b)  “person” : a natural person or a group of natural persons or a legal person operated without purpose of gain whose members are natural persons financially eligible for legal aid;

(c)  (paragraph repealed);

(d)  “Commission” : the Commission des services juridiques established by section 11;

(e)  “regional legal aid centre” or “regional centre” : a regional centre established under this Act and authorized by the Commission to provide legal aid;

(f)  “legal aid centre” or “centre” : a regional legal aid centre or a local centre referred to in paragraph c of section 32;

(g)  “legal aid bureau” or “bureau” : a legal aid bureau established by a regional legal aid centre under paragraph a of section 32;

(h)  “director general” : the director general of a regional legal aid centre;

(i)  “regulation” : any regulation made under sections 80 and 81.

1972, c. 14, s. 1; 1977, c. 5, s. 14; 1996, c. 23, s. 2, s. 55.

1.1. The word “spouses” means

(1)  two persons who are married to each other and who cohabit;

(2)  two persons who live together in a de facto union and who are the mother and father of one and the same child;

(3)  two persons of full age, of opposite sex or the same sex, who live together in a de facto union and who, at one time, cohabited for a period of not less than one year.

1996, c. 23, s. 3; 1999, c. 14, s. 5.

1.2. A family is composed

(1)  of the father or the mother or, in the cases determined by regulation, another person designated therein, and of the minor children living with the mother, father or person who are neither married nor the father or mother of a child, and of the children of full age who attend, within the meaning of the regulations, an educational institution and who are neither the spouse of another person nor the father or mother of a child;

(2)  of the spouses and any child described in subparagraph 1; or

(3)  of the spouses, where there are no children.

However, a person shall remain, become or cease to be a member of a family in such circumstances as are prescribed by regulation.

1996, c. 23, s. 3.

2. (Repealed).

1972, c. 14, s. 2; 1982, c. 36, s. 1; 1988, c. 51, s. 96; 1996, c. 23, s. 4.

3. For the purposes of this Act, the word “court” includes any body having a judicial or quasi judicial jurisdiction.

1972, c. 14, s. 3.

DIVISION I.1 OBJECT AND PRINCIPLES

1996, c. 23, s. 5.

3.1. The object of the legal aid system established by this Act is to afford persons who are financially eligible for legal aid the benefit of legal services to the extent provided for in this Act and the regulations.

1996, c. 23, s. 5.

3.2. For the purposes of this Act, the management and provision of legal aid services shall be guided by the following principles:

(1)  the importance of providing to financially eligible persons the legal services which they need;

(2)  the need for efficient management of such services and of the resources allotted to their provision;

(3)  the importance, for the purposes of the principle defined in paragraph 2, of coordinating the activities of the Commission and of legal aid centres through concerted action and cooperation between the Commission and the centres and among the members of their personnel in order to ensure a rational utilization of resources;

(4)  the importance of facilitating, through concerted action, a coherent application of this Act and the regulations throughout the regions.

1996, c. 23, s. 5.

DIVISION II GRANTING AND EFFECT OF LEGAL AID

1996, c. 23, s. 6.

4. Legal aid shall be granted, on application, to a person who is financially eligible according to the provisions of subdivision 1 of this division for the legal services described in subdivision 2 of this division, in the second paragraph of section 32.1 and in the regulations and to the extent provided for therein.

1972, c. 14, s. 4; 1982, c. 36, s. 2; 1996, c. 23, s. 6.

§ 1 . — Financial eligibility

1996, c. 23, s. 6.

4.1. Any person who demonstrates that his income, liquidities and other assets, within the meaning of the regulations, and, to the extent prescribed by the regulations, those of his family, do not exceed the level and value fixed by regulation for financial eligibility for gratuitous legal aid is financially eligible for gratuitous legal aid.

Any person who receives a benefit, other than a special benefit, under a last resort financial assistance program provided for by the Act respecting income support, employment assistance and social solidarity (chapter S‐32.001) or any member of a family receiving such a benefit is deemed financially eligible for gratuitous legal aid.

1996, c. 23, s. 6; 1998, c. 36, s. 164.

4.2. Any person who is not financially eligible for gratuitous legal aid under section 4.1 but whose income, within the meaning of the regulations and, to the extent prescribed by the regulations, the income of whose family, does not exceed the level fixed by regulation for financial eligibility is financially eligible for contributory legal aid, that is, legal aid on payment of a recipient’s contribution.

1996, c. 23, s. 6.

4.3. On the recommendation of the director general of a regional centre, the administrative committee of the Commission may declare a person who is not financially eligible for legal aid under sections 4.1 and 4.2 to be financially eligible for contributory legal aid, if the committee considers that it is warranted by exceptional circumstances and that failure to declare the person to be financially eligible for legal aid would cause the person irreparable harm.

The decision of the administrative committee of the Commission is not subject to review by the committee formed under paragraph k of section 22.

1996, c. 23, s. 6.

§ 2 . — Legal services for which legal aid may be granted

1996, c. 23, s. 6.

4.4. Legal aid shall be granted, to the extent determined by the provisions of this subdivision and the regulations, for matters brought or to be brought before a court; it may be granted at any stage of the proceedings, in first instance or in appeal; it may be granted, to the same extent, in respect of proceedings in execution.

Legal aid may also be granted for legal services described in section 4.10 or in the second paragraph of section 32.1 and, by way of exception, for legal services described in section 4.13.

1996, c. 23, s. 6.

Criminal or penal matters

1996, c. 23, s. 6.

4.5. In criminal or penal matters, legal aid shall be granted, in first instance,

(1)  for the defense of a person facing prosecution before a court for an indictable offence under an Act of the Parliament of Canada;

(2)  for the defense of a young person facing proceedings before a court under the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1);

(3)  for the defense of a person, other than a young person, facing prosecution before a court for an offence under an Act of the Parliament of Canada that is punishable on summary conviction, or for the defense of a person, whether an adult or a person under 18 years of age, facing prosecution before a court under the Code of Penal Procedure (chapter C-25.1) where, in either case, upon conviction there is likelihood either of imprisonment or committal to custody, or of loss of means of earning a livelihood or where it is in the interests of justice that legal aid be granted to the accused, having regard to exceptional circumstances, for instance the seriousness of the matter or the complexity of the case;

(4)  for the defense of a person facing, before a court, an application for an order of imprisonment under article 346 of the Code of Penal Procedure or an application for a warrant of committal under section 734.7 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46); or

(5)  for the defense of a person facing proceedings before a court under the Extradition Act (Revised Statutes of Canada, 1985, chapter E-23) or the Fugitive Offenders Act (Revised Statutes of Canada, 1985, chapter F-32).

1996, c. 23, s. 6.

4.6. In criminal or penal matters, legal aid shall be granted in appeal or for the exercise of an extraordinary remedy

(1)  where the appeal is filed or the extraordinary remedy exercised by the prosecutor in any matter referred to in section 4.5;

(2)  where the appeal is filed or the extraordinary remedy exercised by the accused in any matter referred to in section 4.5 if the appeal or extraordinary remedy is reasonably founded.

1996, c. 23, s. 6.

In matters other than criminal or penal matters

1996, c. 23, s. 6.

4.7. In matters other than criminal or penal matters, where the case is brought or will be brought before a court, legal aid shall be granted

(1)  for any family case to which Title IV of Book V of the Code of Civil Procedure (chapter C-25) applies;

(2)  for any case relating to the survival of the obligation to provide support, based on Chapter V of Title III of Book III of the Civil Code;

(3)  for any case relating to tutorship to a minor, protective supervision of a person of full age or a mandate given in anticipation of the mandator’s incapacity, or for any case based on article 865.2 of the Code of Civil Procedure;

(4)  for any proceedings to obtain a change of name for a minor by way of judicial process or to obtain the review by the court of a decision of the registrar of civil status relating to the assignment of a name to a minor or to the change of a minor’s name if application to the court would ensure the physical or mental safety of the minor;

(5)  for any case to which the Act respecting the civil aspects of international and interprovincial child abduction (chapter A-23.01) applies;

(6)  for any case in respect of which the court exercises its powers under the Youth Protection Act (chapter P-34.1);

(7)  for any proceedings brought before a tribunal to contest an administrative decision made by a government department or body within the framework of a benefit or compensation program designated by regulation;

(8)  for any other case if the freedom of the person to whom legal aid would be granted is or is likely to be seriously restricted, due to the possibility of committal to custody or detention, particularly; or

(9)  for any other case if the matter threatens or will in all likelihood threaten a person’s physical or mental safety, livelihood or ability to provide for his essential needs or those of his family.

1996, c. 23, s. 6.

4.8. No legal aid shall be granted

(1)  to the plaintiff in any defamation or libel case;

(2)  for any case relating to an election, public consultation or referendum;

(3)  for a motion based on Chapter II of Title VI of Book V of the Code of Civil Procedure (chapter C-25);

(4)  to the plaintiff in any action for damages for breach of promise of marriage; or

(5)  to the plaintiff in any action for damages for alienation of affections.

1996, c. 23, s. 6.

Other provisions

1996, c. 23, s. 6.

4.9. Legal aid shall be granted for the defense of a person facing contempt of court proceedings before a court where upon conviction there is likelihood either of imprisonment or committal to custody, or of loss of the person’s livelihood or where it is in the interests of justice that legal aid be granted to the accused, having regard to exceptional circumstances, for instance the seriousness of the matter or the complexity of the case.

1996, c. 23, s. 6.

4.10. Notwithstanding the provisions of this subdivision, legal aid shall be granted

(1)  where

(a)  a minor requires the assistance of an advocate for the purposes of an agreement pertaining to the application of voluntary measures under the Youth Protection Act (chapter P-34.1);

(b)  a young person requires the assistance of an advocate for the purposes of a program of alternative measures or the review of a disposition under the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1);

(2)  to a person who requires assistance in a proceeding before an authority who exercises an administrative function within the framework of a benefit or compensation program designated by regulation and administered by a government department or body and is responsible, by virtue of his position within that department or body, for reviewing an administrative decision concerning that person;

(3)  to a person for the drawing up of a document that is customarily within the scope of the professional duties of a notary or advocate if such service is necessary because of the difficulty the person is having in preserving or asserting his rights or because of the harmful consequences for the person’s physical or psychological well-being or that of his family that would result from not being provided the service.

1996, c. 23, s. 6.

4.11. In any matter other than a criminal or penal matter, legal aid may be refused or withdrawn, as the case may be, at any stage of the proceedings, where having regard to all the circumstances and from the standpoint of an ordinary advocate and client relationship, the case or remedy does not appear founded because

(1)  the applicant cannot establish the probable existence of his right;

(2)  the case or remedy clearly has very little chance of succeeding;

(3)  the costs involved would be unreasonable in relation to the possible gain or loss for the applicant or recipient, as the case may be, unless the case or remedy threatens his livelihood or ability to provide for his essential needs or those of his family;

(4)  the judgment or decision would probably not be susceptible of execution; or

(5)  the applicant or recipient has, without valid cause, refused a reasonable proposal for settlement of the case.

Moreover, legal aid shall be refused or withdrawn where the services for which legal aid is applied for can be obtained otherwise, particularly through another government service or another body, under an insurance contract or through a union or association, other than a non-profit association for the promotion and preservation of social rights, to which the applicant or recipient, as the case may be, belongs.

1996, c. 23, s. 6.

4.12. No legal aid shall be granted for the defense of a person facing prosecution under an Act, regulation or by-law for an offence relating to parking.

1996, c. 23, s. 6.

4.13. On the recommendation of the director general of a regional centre, the administrative committee of the Commission may grant legal aid to a person who cannot be the recipient of legal aid according to the other provisions of this subdivision and the regulations, if he considers that it is warranted by exceptional circumstances and that refusing to grant to the person legal aid would cause him irreparable harm. However, the administrative committee of the Commission may not grant legal aid under this section for services in respect of which it is provided in section 4.8 or 4.12 or in the regulations that no legal aid may be granted.

The provisions of the first paragraph may apply, subject to the conditions fixed therein, to allow an applicant to establish his rights in a proceeding leading up to an administrative decision.

The decision of the administrative committee of the Commission is not subject to review by the committee formed under paragraph k of section 22.

1996, c. 23, s. 6.

§ 3 . — Effects of legal aid as regards payment of fees and costs

1996, c. 23, s. 7.

5. Subject to the contribution he may be required to pay in accordance with the regulations, a recipient is dispensed from payment of:

(a)  judicial fees and extrajudicial fees of an advocate or notarial fees for professional services to the recipient rendered under this Act by the advocate or notary assigned to him;

(b)  notwithstanding any Act inconsistent herewith, court costs, including those exigible by the Gouvernement du Québec, and the duties a registrar collects;

(c)  fees of a bailiff or stenographer who acts as such on behalf of the recipient; and

(d)  fees and costs of experts who, with the prior authorization of the director general, act for the recipient.

However, in the cases determined in the regulations, the cost of the legal aid received shall be recovered in accordance with the provisions of Division VI.1.

1972, c. 14, s. 5; 1977, c. 5, s. 14; 1982, c. 36, s. 3; 1991, c. 20, s. 1; 1996, c. 23, s. 8.

6. Subject to the regulations, the fees of an advocate or notary not in the employ of a centre that has retained his services in behalf of a recipient and the fees of a stenographer or bailiff acting in behalf of a recipient shall be paid by the centre having granted legal aid to that recipient, in accordance with the tariffs established by the regulations.

1972, c. 14, s. 6; 1996, c. 23, s. 9.

7. (Repealed).

1972, c. 14, s. 7; 1996, c. 23, s. 10.

8. A recipient who fails in the action is not exempt from condemnation to costs in favour of the adverse party or payment of them.

When costs are awarded against the adverse party of a recipient, and such adverse party is not a recipient, the costs are taxed as if there had been no legal aid.

1972, c. 14, s. 8.

9. The costs taxed in respect of interlocutory judgments rendered in a case where one party receives legal aid are exigible only at the same time as those awarded by the final judgment.

1972, c. 14, s. 9.

10. (Repealed).

1972, c. 14, s. 10; 1996, c. 23, s. 11.

DIVISION III COMMISSION DES SERVICES JURIDIQUES

11. A body is established, called “Commission des services juridiques”.

1972, c. 14, s. 11; 1977, c. 5, s. 14.

12. The Commission consists of 12 members chosen from those groups of persons who because of their activities are likely to contribute to the study and solution of the legal problems of the underprivileged and appointed by the Government after consultation with these groups. The Government shall appoint a chairman and a vice-chairman from among those members.

The Commission also includes the Deputy Minister of Justice or his representative and the Deputy Minister of Employment and Solidarity or his representative who are members of the Commission in an advisory capacity without the right to vote.

1972, c. 14, s. 12; 1972, c. 15, s. 1; 1982, c. 53, s. 20; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1997, c. 63, s. 128.

13. The chairman, who shall be an advocate or a judge, and the vice-chairman, who shall be an advocate, are appointed for a period not to exceed ten years and once fixed not to be reduced.

The other members of the Commission except those contemplated in the last paragraph of section 12 are appointed for three years. Three of the first members appointed by the Government shall be appointed for one year, three for two years and the other two for three years.

A member who fails to attend four consecutive sittings and who does not give a valid reason for his absence to the chairman shall cease to be a member.

1972, c. 14, s. 13; 1972, c. 15, s. 2.

14. Each member of the Commission including the chairman and vice-chairman shall remain in office after the expiry of his term until replaced or reappointed.

1972, c. 14, s. 14.

15. Every vacancy occurring during the term of office of a member of the Commission other than the chairman and the vice-chairman shall be filled for the remainder of the term of that member.

1972, c. 14, s. 15.

16. The Government shall fix the indemnities and attendance allowances to which the members of the Commission are entitled and the salaries of the chairman and vice-chairman. These salaries, once fixed, must not be reduced.

1972, c. 14, s. 16.

17. The chairman and vice-chairman shall perform their duties full time for the Commission.

1972, c. 14, s. 17.

18. The chairman is responsible for the administration and management of the Commission.

If the chairman is absent or unable to act, he shall be replaced by the vice-chairman.

1972, c. 14, s. 18.

19. The Commission is a legal person.

1972, c. 14, s. 19; 1996, c. 23, s. 13.

20. Seven members shall constitute a quorum of the Commission, including the chairman or the vice-chairman.

1972, c. 14, s. 20.

21. The Commission has its head office at the place determined by the Government, but it may transfer it to the territory of another municipality with the approval of the Government; such change shall come into force on publication of a notice to that effect in the Gazette officielle du Québec.

The Commission may sit anywhere in Québec.

1972, c. 14, s. 21; 1996, c. 2, s. 26; 1996, c. 23, s. 14.

DIVISION IV FUNCTIONS AND DUTIES OF THE COMMISSION

§ 1 . — General provisions

1983, c. 54, s. 7.

22. The Commission shall:

(a)  see that legal aid is provided, to the extent provided for in this Act and the regulations, to persons financially eligible therefor;

(b)  establish and develop regional legal aid centres and authorize them to provide legal aid;

(c)  see to the financing of regional legal aid centres and local legal aid centres which it authorizes to provide legal aid under paragraph c of section 32;

(d)  see that the activities of legal aid centres conform to this Act and the regulations;

(d.1)  facilitate, through concerted action, a coherent application of this Act and the regulations by legal aid centres;

(e)  investigate the financial administration of any legal aid centre that shows a deficit or whose management and services are insufficient or that seems to pursue activities not in conformity with this Act or the regulations;

(f)  promote the development of information programs for persons financially eligible for legal aid concerning their rights and obligations;

(f.1)  maintain a telephone help line, for criminal or penal matters, available at all times and free of charge to any person, whether or not financially eligible for legal aid, who upon being arrested or while in custody requires the assistance of an advocate;

(g)  promote studies, inquiries and gathering of statistics to plan the development of the legal aid system;

(h)  cooperate with the university establishments and law faculties, the Barreau du Québec and the Chambre des notaires du Québec to develop research and technical assistance programs respecting legal aid and to establish legal aid centres in Québec;

(i)  subject to the powers of the professional orders in that respect, take the necessary measures to ensure the integrity of the relations between advocates or notaries in the employ of centres and their clients, and cooperate for that purpose with the Barreau du Québec or, as the case may be, with the Chambre des notaires du Québec;

(j)  provide legal services in place of a legal aid centre that has ceased to exercise its functions or is no longer authorized to do so;

(k)  form a review committee for the purposes of sections 74 and 75;

(l)  establish and maintain or assist in the establishment or maintenance of retirement funds or pension plans for the benefit of its employees and those of the centres, or their relatives and dependents, and pay on their account, or if need be have the centres pay on their account, the premiums therefor, the whole subject to the Supplemental Pension Plans Act (chapter R-15.1);

(m)  (paragraph repealed);

(n)  set up an administrative committee consisting of at least three members including the chairman of the Commission, who shall preside over it, the vice-chairman and any other member of the Commission appointed annually by the members of the Commission in general meeting which shall determine its functions, powers and duties.

1972, c. 14, s. 22; 1973, c. 45, s. 21; 1977, c. 5, s. 229; 1989, c. 38, s. 319; 1994, c. 40, s. 457; 1996, c. 23, s. 15, s. 52, s. 53, s. 54.

22.1. The Commission shall publish, in particular so as to facilitate a coherent application of this Act and the regulations, a periodic bulletin containing general or special information concerning the application of this Act and the regulations. The bulletin may also report the decisions made under this Act.

The Commission shall distribute the bulletin to its members, the members of the boards of directors of legal aid centres, its employees and the employees of legal aid centres. The Commission shall also make it accessible to the extent it determines.

1996, c. 23, s. 16.

23. The Commission shall appoint and remunerate, in accordance with the standards and scales established by regulation, the employees necessary for the performance of its duties.

1972, c. 14, s. 23.

§ 2 . — Temporary management

24. The Commission may temporarily assume the functions of a legal aid centre:

(a)  if, after investigation, the Commission ascertains that such centre shows a deficit, especially having incurred expenditures unforeseen in its budget or brought about by activities not contemplated by this Act, a regulation or any agreement made with the Commission;

(a.1)  if, after investigation, the Commission ascertains that the centre has made during a fiscal year financial commitments in excess of the amount authorized by the Commission for that fiscal year;

(b)  if a centre is seriously remiss in its obligations under this Act, any regulation or an agreement made with the Commission, especially by refusing or failing to provide legal aid it is authorized and able to provide or by pursuing activities other than those contemplated by this Act; or

(c)  where there is malfeasance, breach of trust or other misconduct by one or more members of the board of directors.

1972, c. 14, s. 24; 1996, c. 23, s. 17, s. 54.

25. The Commission shall assume temporary management of a centre from the date when it gives notice to that effect to the centre.

As soon as possible after assuming temporary management, but not later than 30 days after receiving the notice contemplated in the first paragraph, the Commission shall give the centre an opportunity to be heard.

1972, c. 14, s. 25; 1996, c. 23, s. 54.

26. The Commission shall assume temporary management of a centre for as long as the centre does not remedy any situation contemplated in section 24 or until the centre agrees to apply within the delay the Commission prescribes the measures established by the Commission to correct such situation.

1972, c. 14, s. 26; 1996, c. 23, s. 54.

27. When the Commission assumes temporary management of a centre, the powers of the board of directors of such centre are suspended and the Commission exercises, through its appointed administrator, the powers of such board of directors and all the powers of the centre.

1972, c. 14, s. 27; 1996, c. 23, s. 54.

28. The Commission may entrust to a person it designates the making of an investigation into any matter relating to the management or operation of a centre.

The person so designated shall have for the purposes of the investigation the powers and immunities of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1972, c. 14, s. 28; 1992, c. 61, s. 45; 1996, c. 23, s. 54.

DIVISION V LEGAL AID CENTRES

1996, c. 23, s. 54.

§ 1 . — Constitution and Powers

29. Legal aid services shall be provided in the territory of Québec by regional legal aid centres established by the Commission for each of the regions determined by it, taking into account the existing administrative divisions and judicial districts.

1972, c. 14, s. 29; 1996, c. 23, s. 52.

30. The name of every regional centre shall include the expression “community legal centre” and indicate the region for which that centre is constituted.

1972, c. 14, s. 30; 1996, c. 23, s. 52.

31. Every regional centre is a legal person and may, within the mandate given it by the Commission and the standards determined by the regulations, exercise all the powers of a legal person in addition to the special powers conferred on it by this Act.

1972, c. 14, s. 31; 1996, c. 23, s. 18.

32. The principal functions of a regional centre shall be to furnish legal aid in the manner provided in this Act and, for that purpose, within the scope of the regulations and any agreement made with the Commission:

(a)  establish, within the limits of its means, legal aid bureaus in the region it serves according to the needs of the population;

(b)  engage advocates and notaries full time and other necessary employees and retain the services of law students;

(c)  recommend to the Commission, certification of the local legal aid centres to provide legal aid in the territory or for the purposes the Commission determines when it appears that such a solution is likely to meet the needs of the population and a local centre is capable of rendering valid legal services;

(d)  promote the setting up of an advisory committee of not more than 12 members or recognize such a committee to represent persons financially eligible for legal aid at the bureau or local legal aid centre to make representations respecting the application of this Act, advise the director of the bureau or local centre on the needs of persons financially eligible for legal aid and, if necessary, make recommendations to that regional centre.

1972, c. 14, s. 32; 1996, c. 23, s. 19, s. 52, s. 53.

32.1. It is within the functions of every legal aid centre to develop and implement, in collaboration with the Commission, information programs designed to apprise persons financially eligible for legal aid of their rights and obligations.

Legal advice may be given, on subject matters other than those referred to in paragraph f.1 of section 22, to persons financially eligible for legal aid who request such advice.

1996, c. 23, s. 20.

32.2. The Commission may make an agreement with any association of experts as to the fees and expenses to which experts are entitled when acting within the scope of this Act. Such an agreement shall apply throughout the territory of Québec.

Where no such agreement has been made with an association, any regional centre or any group of regional centres may make an agreement with an association of experts or with individuals who agree to act as expert witnesses. Such an agreement shall apply throughout the territory of Québec or in the regions specified in the agreement.

Where an agreement has been made, a centre may not, except where no expert to which the agreement applies is able to act, pay fees or expenses for expert testimony in excess of those stipulated in the agreement.

In the absence of any agreement or where no expert to whom the agreement applies is able to act, the director general shall fix the amount of the fees and expenses payable to experts.

1996, c. 23, s. 20.

33. When the Commission certifies a local legal aid centre, the regional centre having competence in the region shall see that the activities of that local centre are integrated into all the legal services offered in the region and see that it complies with this Act and the regulations.

1972, c. 14, s. 33; 1996, c. 23, s. 52, s. 53.

34. A legal aid centre shall not engage in partisan activities in favour of a candidate or a political party.

1972, c. 14, s. 34; 1996, c. 23, s. 54.

§ 2 . — Board of Directors

35. The powers of a regional centre shall be exercised by a board of directors consisting of 12 members appointed for three years by the Commission. Moreover, the director general shall sit on it from the time of his appointment but only in an advisory capacity.

At least one-third of the members of the board of directors shall be chosen from among the members of the Barreau du Québec or of the Chambre des notaires du Québec or from among the law professors of the university establishments, and at least another third of the members shall be chosen from among the persons residing in the region served by the regional centre.

Four of the first members shall be appointed for one year, four for two years and four for three years.

1972, c. 14, s. 35; 1973, c. 45, s. 21; 1977, c. 5, s. 229; 1996, c. 23, s. 52, s. 55.

36. Members of the board of directors of a regional centre shall receive no salary in that capacity; they may be indemnified, in accordance with the regulations, for their expenses in attending meetings.

1972, c. 14, s. 36; 1996, c. 23, s. 52.

37. Members of the board of directors of a regional centre shall remain in office, notwithstanding the expiry of their term, until reappointed or replaced.

1972, c. 14, s. 37; 1996, c. 23, s. 52.

38. Every vacancy among the members of the board of directors of a regional centre shall be filled for the unexpired portion of the term of the member.

1972, c. 14, s. 38; 1996, c. 23, s. 52.

39. Members of the board of directors of a regional centre in general meeting shall elect from among themselves, each year, the chairman and the vice-chairman of the regional centre.

In case of a tie-vote at a meeting of the members of the board of directors, the chairman shall have a casting vote.

1972, c. 14, s. 39; 1996, c. 23, s. 52.

§ 3 . — Administrative Committee

40. The board of directors of every regional centre shall by by-law establish an administrative committee and determine the functions, powers and duties of that committee.

The administrative committee shall consist of the chairman of the board of directors who shall preside over it, the director general and three members of the board of directors appointed each year by the members of that board in general assembly.

1972, c. 14, s. 40; 1996, c. 23, s. 52, s. 55.

41. Members of the administrative committee may receive the attendance allowance determined by regulation.

1972, c. 14, s. 41.

42. Members of the administrative committee shall remain in office, notwithstanding the expiry of their term, until reappointed or replaced, provided that, except in the case of the director general, they remain members of the board of directors.

1972, c. 14, s. 42; 1996, c. 23, s. 55.

43. Every vacancy among the members of the administrative committee shall be filled by following the mode of appointment prescribed for the appointment of the member to be replaced, but only for the unexpired portion of his term.

1972, c. 14, s. 43.

§ 4 . — Director general and employees

44. The director general, secretary and other employees of a regional centre shall be appointed by the board of directors; however, the appointment of the director general shall be ratified by the Commission. Advocates and notaries whose services the regional centre wishes to retain full time shall be appointed by the board of directors upon the recommendation of the director general; the employees contemplated in this section shall be remunerated according to the standards and scales fixed for that purpose by the regulations.

1972, c. 14, s. 44; 1996, c. 23, s. 52, s. 55.

45. Section 24 of the Public Service Act (chapter F-3.1.1), adapted as required, applies with regard to an advocate or a notary employed full time by a legal aid centre.

1972, c. 14, s. 45; 1979, c. 56, s. 310; 1983, c. 55, s. 161; 1996, c. 23, s. 21, s. 54.

46. The director general, who shall be an advocate, shall perform his duties full time for the regional centre.

1972, c. 14, s. 46; 1996, c. 23, s. 52, s. 55.

47. The director general, in addition to the duties specially assigned to him by this Act, shall have the general management of the business of the regional centre and the management and supervision of the staff; he shall administer the granting of legal aid and ensure the carrying out of the resolutions of the board of directors and of the administrative committee.

1972, c. 14, s. 47; 1996, c. 23, s. 52, s. 55.

§ 5 . — Miscellaneous

48. The minutes of the sittings approved by a regional centre shall be authentic; the same applies to copies or extracts certified by the chairman or the secretary.

1972, c. 14, s. 48; 1996, c. 23, s. 52.

49. No deed, document or writing shall bind a regional centre or be attributed to it unless signed by the chairman, director general, secretary or an employee of the centre but only, in the case of such employee, to the extent determined by regulation of the board of directors.

However, the signature of an advocate or a notary employed by the regional centre shall bind such regional centre in all cases where it relates to the performance of the professional duties for a recipient.

1972, c. 14, s. 49; 1996, c. 23, s. 52, s. 54, s. 55.

§ 6 . — Professional services

50. Within the scope of the regulations made under this Act and the by-laws of the regional centre, the director general shall issue on behalf of such centre, certificates of eligibility for legal aid.

The board of directors may, however, within the limits which it indicates by resolution, delegate such power to the director of a legal aid bureau or, failing that, to a member of the personnel of the centre designated by resolution, and to the director of a local legal aid centre, who must be advocates. In such case, the provisions of this subdivision and of Divisions VI to VI.2 which relate to the director general, adapted as required, apply to the persons to whom such power is delegated.

1972, c. 14, s. 50; 1996, c. 23, s. 22, s. 52, s. 54, s. 55.

51. The director general must provide a recipient with the professional services of an advocate or a notary in the employ of the regional centre.

1972, c. 14, s. 51; 1996, c. 23, s. 52, s. 55.

52. The director general shall give a mandate to an advocate or notary not in the employ of the centre, when a recipient specially chooses such advocate or notary and he agrees to provide his professional services to the recipient in accordance with the regulations. In such case, the advocate or notary must personally carry out all the essentials of such mandate.

1972, c. 14, s. 52; 1996, c. 23, s. 23, s. 54, s. 55.

52.1. Notwithstanding sections 51 and 52, the Government, by regulation, may determine, considering the imperatives of sound management of public legal aid funds, legal aid services that are to be provided, as prescribed by regulation, on a permanent or temporary basis, either exclusively by advocates or notaries in the employ of a legal aid centre or exclusively by advocates or notaries not in the employ of such a centre.

An exclusivity regulation may also pertain to fields of activity in which legal services are provided.

An exclusivity regulation shall specify the legal services or fields of activity to which it applies. It may prescribe that its application is limited to the territory designated in the regulation. If it provides for temporary exclusivity, it shall fix the period for which it applies.

No exclusivity regulation shall render sections 53 to 55 inoperative.

1996, c. 23, s. 24.

53. When a regional centre has insufficient staff to provide a recipient with legal aid through an advocate or notary employed full time, the director general may give a mandate to another advocate or notary.

1972, c. 14, s. 53; 1996, c. 23, s. 52, s. 55.

54. Where the nature of the problem, dispute, case or proceeding requires specific competence that the centre is unable to assume through an advocate in its employ, the director general shall assign another advocate to the recipient.

1972, c. 14, s. 54; 1996, c. 23, s. 54, s. 55.

55. Where a person applying for legal aid is a party to a dispute or a case involving, as defendant or plaintiff, a recipient for whom a permanent advocate of the centre acts as counsel, the director general shall refer such person to another centre or give a mandate to an advocate not in the employ of a centre, whichever method seems more practical.

1972, c. 14, s. 55; 1996, c. 23, s. 54, s. 55.

56. The director general shall make a list of the advocates and notaries not in the employ of the centre who agree to have their professional services retained for recipients.

1972, c. 14, s. 56; 1996, c. 23, s. 54, s. 55.

57. Subject to section 52, the director general shall distribute in an equitable manner among the advocates or, as the case may be, the notaries contemplated in section 56, the mandates given to them, taking into account the nature of the problems or disputes and the number of mandates given to each of them.

1972, c. 14, s. 57; 1996, c. 23, s. 55.

58. When the director general provides a recipient with the professional services of an advocate or notary not in the employ of the regional centre, he shall then fix, within the scope of the regulations, the conditions of the mandate which he gives to such advocate or notary.

1972, c. 14, s. 58; 1996, c. 23, s. 52, s. 55.

59. Every advocate employed full time by a centre shall devote himself exclusively to the exercise of his functions for such centre, except in exceptional cases with the approval of the centre and in accordance with the regulations.

1972, c. 14, s. 59; 1996, c. 23, s. 54.

60. Where an advocate or notary not in the employ of a legal aid centre provides legal services to a recipient within the scope of this Act, he shall not receive, in respect of such services, any fees or expenses except those provided for by this Act and the regulations.

Any person who has paid a sum of money or procured any other advantage not provided for by this Act is entitled to recover it.

1972, c. 14, s. 60; 1982, c. 36, s. 4; 1996, c. 23, s. 25.

61. Notwithstanding any Act or regulation inconsistent herewith, any advocate or notary in the employ of a centre shall remit to such centre the amount of the fees or expenses collected by him pursuant to a judgment or transaction.

Moreover, subject to his salary and other benefits granted to him under this Act by the centre which employs him, such advocate or notary is prohibited from accepting for performing his duties, an amount of money or a benefit.

1972, c. 14, s. 61; 1996, c. 23, s. 26, s. 54.

DIVISION VI APPLICATIONS FOR LEGAL AID

62. To receive legal aid, a person must apply therefor, in accordance with the regulations, to the local centre certified under this Act or to the office nearest his residence.

The person is required to pay, for the examination of his application, a charge in the amount fixed by regulation, unless he is receiving a benefit, other than a special benefit, under a last resort financial assistance program provided for by the Act respecting income support, employment assistance and social solidarity (chapter S-32.001) or is eligible therefor.

1972, c. 14, s. 62; 1982, c. 36, s. 5; 1988, c. 51, s. 97; 1996, c. 23, s. 27; 1998, c. 36, s. 165.

63. Subject to the provisions of sections 4.3 and 4.13 and of the second paragraph of section 50, the director general alone has the authority to make decisions as to the granting of legal aid.

In the case where the applicant is a person instituting or intending to institute a class action, the director general shall issue a certificate of eligibility to that person if he himself and a substantial part of the members of the group which he represents or intends to represent are eligible for legal aid.

1972, c. 14, s. 63; 1978, c. 8, s. 52; 1982, c. 36, s. 6; 1996, c. 23, s. 28, s. 55.

64. An applicant must, in accordance with the regulations, disclose his financial condition and, to the extent prescribed by regulation, that of his family and establish the facts on which his application is based.

He must supply or arrange for the supply of all the information and documents that are prescribed by regulation and are necessary to determine and verify his eligibility for legal aid and to determine the contribution payable, if any.

The director general or a member of his personnel designated by him for such purposes may, for verification purposes, request from any person any information or document relating to an applicant’s financial eligibility for legal aid, examine such documents and make a copy thereof. Any person to whom such a request is made is required to comply therewith.

1972, c. 14, s. 64; 1996, c. 23, s. 29.

65. The director general to whom an application is made shall within the shortest possible delay study the case of the applicant to decide if he is eligible for legal aid.

1972, c. 14, s. 65; 1996, c. 23, s. 55.

66. The director general shall issue a certificate of eligibility to each person to whom legal aid is granted. The certificate, on which the contribution payable by the recipient, if any, is indicated, must be delivered by the recipient without delay to his advocate or notary, who shall file it in the record of the court or, as the case may be, at the registry office. Such certificate is valid only for the period, dispute, proceeding or legal service determined by the director general.

A further application for legal aid must be made for each remedy exercised before an authority, including in appeal.

Where a person has been declared financially eligible for contributory legal aid, the issue at a later time of one or more certificates of eligibility to that recipient for the same matter does not oblige the recipient to pay a further contribution.

1972, c. 14, s. 66; 1996, c. 23, s. 30.

67. In urgent cases, the director general may, before an applicant’s file is thoroughly examined, issue a conditional certificate of eligibility for the performance of conservatory acts necessary for the preservation of the applicant’s rights, particularly as regards his appearance in criminal or penal proceedings. The director general may subsequently issue, if the applicant is determined to be eligible for legal aid, a definitive certificate of eligibility having retroactive effect.

Where the director general does not issue a definitive certificate of eligibility having retroactive effect to the applicant,

(1)  the applicant’s advocate or notary, if not in the employ of a legal aid centre, must recover the fees and expenses relating to the conservatory acts he has performed from the applicant;

(2)  the applicant is required, if conservatory acts have been performed by an advocate or notary in the employ of a legal aid centre, to repay the cost of the legal aid received, in accordance with the provisions of Division VI.1.

1972, c. 14, s. 67; 1996, c. 23, s. 31.

68. Every applicant or recipient of legal aid shall notify without delay the centre to which he has applied or which has issued him a certificate, of any change in his condition or that of his family which affects his eligibility for legal aid.

1972, c. 14, s. 68; 1996, c. 23, s. 32, s. 54.

69. The director general shall refuse to issue a certificate of eligibility to a person otherwise eligible when, because of the basis of his right and the amount in dispute, any advocate not employed by a centre would agree to act as counsel and make, in accordance with subsection 3 of section 126 of the Act respecting the Barreau du Québec (chapter B-1), an express agreement respecting extrajudicial fees.

However, if the applicant fails to collect an amount equivalent to what his advocate would have been paid had the applicant received legal aid, and if the director general considers it warranted by the circumstances, legal aid may be granted to him, after deducting any amount collected, retroactively from the date of the application refused under the first paragraph.

Where legal aid is granted under this section because the judgment cannot be executed, the centre is subrogated in the rights of the applicant against the adverse party for the amount of the aid granted. The claim of the centre is paid in preference to that of the applicant.

1972, c. 14, s. 69; 1982, c. 36, s. 7; 1996, c. 23, s. 33, s. 54, s. 55.

70. Legal aid may be refused or withdrawn, as the case may be, with regard to any person who, without sufficient cause,

(a)  refuses or neglects to supply the information or documents required for the examination of his application;

(a.1)  wilfully supplies information which the director general believes on reasonable grounds to be false or inaccurate;

(b)  neglects to comply with section 68;

(c)  refuses or neglects to exercise his legal rights and recourses;

(d)  refuses or neglects to cooperate with the advocate or notary rendering professional services for him, in the manner that is normal and customary between an advocate or notary and his client.

Moreover, legal aid may be refused or withdrawn if the applicant or recipient or a member of his family has disposed of property or liquidities without adequate consideration so as to render the applicant or recipient financially eligible for legal aid or so as to evade payment of a contribution.

Legal aid may also be suspended or withdrawn if the recipient has failed to pay all or part of the contribution payable by him.

Legal aid may be suspended or withdrawn at any stage of the proceedings. Subject to the regulations, the centre shall pay to an advocate or notary not in the employ of the centre the fees and expenses to which he is entitled in respect of services rendered by him before he was notified of the suspension or withdrawal.

1972, c. 14, s. 70; 1996, c. 23, s. 34.

71. Where a recipient ceases to be financially eligible for legal aid, legal aid may be maintained in respect of the services covered by the certificate that was issued to him.

1972, c. 14, s. 71; 1996, c. 23, s. 35.

72. (Repealed).

1972, c. 14, s. 72; 1982, c. 36, s. 8; 1996, c. 23, s. 36.

73. The director general shall notify the applicant in writing of the refusal, suspension or withdrawal of legal aid. Such notice must contain the reasons for the decision and the director general shall send, if need be, a copy of it to the advocate or notary responsible for the file, who must inform the clerk of the court or registrar of it. The decision of the director general shall mention, in the case of a refusal or withdrawal of legal aid, that the applicant or recipient, as the case may be, has the right to apply for a review of the decision and shall specify the time allotted for making such an application.

1972, c. 14, s. 73; 1996, c. 23, s. 37, s. 55.

DIVISION VI.1 RECOVERY OF LEGAL AID COSTS

1996, c. 23, s. 38.

73.1. A person shall, in the cases determined in the regulations and to the extent prescribed therein, repay on demand to the legal aid centre the cost of the legal aid received.

1996, c. 23, s. 38.

73.2. The recovery of legal aid costs is prescribed upon the expiry of three years from the time when, according to the regulations, repayment thereof becomes exigible. In cases of bad faith, the recovery of legal aid costs is prescribed upon the expiry of three years from the date on which the recoverability of the costs becomes known to the director general, but not later than 10 years after the date on which repayment would otherwise have been exigible.

1996, c. 23, s. 38.

73.3. The director general shall send the debtor a demand notice stating the amount of the debt, the reasons why such debt is payable and the right of the debtor to apply for a review of the decision.

The demand notice interrupts prescription.

1996, c. 23, s. 38.

73.4. The debtor must repay the debt within the time prescribed by regulation, unless the director general agrees to the debt or a part thereof being repaid by instalments.

The debt becomes payable in full if the debtor fails to comply with an agreement made with the director general.

1996, c. 23, s. 38.

73.5. Where a debtor fails to repay his debt or any part thereof, the director general or a member of his personnel designated by him for such purpose may, on expiry of the time allotted for applying for a review or, if a review is conducted, from the date of the decision of the review committee confirming the director general’s decision in whole or in part, issue a certificate attesting that the debt is payable and specifying the amount owed. In the absence of any evidence to the contrary, the certificate shall be proof that the debt is of the amount specified and is payable.

1996, c. 23, s. 38.

73.6. The debtor is required to pay interest in the cases and according to the terms and conditions determined in the regulations and at the rate fixed therein.

1996, c. 23, s. 38.

DIVISION VI.2 REVIEW

1996, c. 23, s. 39.

74. Any person in respect of whom legal aid has been refused or withdrawn, from whom the repayment of legal aid costs is required or who wishes to contest the amount of the contribution payable may, within 30 days of the decision of the director general, apply for a review by the committee formed under paragraph k of section 22. The application shall be decided by three members, including at least one advocate. The application releases the advocate of the person applying for the review and the director general from their obligation of professional secrecy with regard to the review committee and its delegate.

Where the decision reviewed concerns a refusal or withdrawal of legal aid, the director general shall, in urgent cases, issue a conditional certificate of eligibility for the performance of conservatory acts necessary for the preservation of the rights of the person applying for the review. Where such a certificate is issued, the review shall be conducted by preference.

Where the review committee decides that the person having applied for the review is not eligible for legal aid,

(1)  the advocate or notary of the person having applied for the review, if not in the employ of a legal aid centre, must recover the fees and expenses relating to the conservatory acts he has performed from that person;

(2)  the person having applied for the review is required, if conservatory acts have been performed by an advocate or notary in the employ of a legal aid centre, to repay the cost of the legal aid received, in accordance with the provisions of Division VI.1.

1972, c. 14, s. 74; 1996, c. 23, s. 39.

75. Every interested party in a dispute or a case may contest the financial eligibility of a person for legal aid, by making an application for that purpose to the director general; an application for review to the review committee may be made within 15 days after the date on which the decision of the director general is rendered.

1972, c. 14, s. 75; 1996, c. 23, s. 40, s. 55; 1997, c. 43, s. 25.

76. Subject to section 75, the written application for review or contestation must contain a summary statement of the reasons invoked and shall be sent by registered or certified mail to the chairman of the Commission.

If need be, a copy of the application must be sent to the advocate or notary who is entrusted with rendering professional services to the recipient.

1972, c. 14, s. 76; 1975, c. 83, s. 84.

77. The review committee shall, before making its decision, give to the applicant or recipient and to the person who contests the financial eligibility to legal aid, if any, an opportunity to present observations.

1972, c. 14, s. 77; 1996, c. 23, s. 41; 1997, c. 43, s. 26.

78. The review committee shall inform forthwith the persons concerned and the centre of its decision and of the reasons on which it is based.

1972, c. 14, s. 78; 1996, c. 23, s. 54; 1997, c. 43, s. 27.

79. The decision contemplated in section 78 shall be final and without appeal.

1972, c. 14, s. 79.

DIVISION VII REGULATIONS AND TARIFFS OF FEES

80. Regulations may be made for the purposes of this Act and in particular to

(a)  determine, for the purpose of determining financial eligibility for legal aid, in what case a family is composed of a person, other than the father or mother, and children, designate that person and prescribe in what cases or circumstances and, where applicable, on what conditions a person remains, becomes or ceases to be a member of a family and define, for the purposes of section 1.2, what constitutes attendance of an educational institution;

(a.1)  determine the period for which income, liquidities and other assets are to be considered for the purpose of determining financial eligibility for legal aid and prescribe the conditions in which such determination is made;

(a.2)  determine, for the purpose of determining financial eligibility for legal aid, in what cases and, if expedient, on what conditions and to what extent

(1)  the income, liquidities and other assets of the applicant and of his family are to be considered;

(2)  the income, liquidities and other assets of the applicant and of his spouse are to be considered;

(3)  the income, liquidities and other assets of the applicant, of his spouse and of a child are to be considered;

(4)  the only income, liquidities and other assets to be considered are those of a minor child;

(5)  the income, liquidities and other assets of the spouse of the applicant are not to be considered;

(a.3)  determine what constitutes income, liquidities and other assets for the purpose of determining financial eligibility for legal aid and, to that end, determine what income, liquidities and other assets are to be considered or excluded, indicate the amounts deductible from income, prescribe calculation methods for determining income or the value of property and determine what is included in liquidities;

(a.4)  fix the level of income and the value of liquidities and other assets below which a person is financially eligible for gratuitous legal aid under section 4.1;

(a.5)  fix the level of income below which a person is financially eligible for contributory legal aid under section 4.2 and, to that end, prescribe to what extent liquidities are deemed to constitute income and to what extent and in what proportion, expressed as a percentage, the value of assets other than liquidities is deemed to constitute income, determine the contribution payable and fix the maximum amount of such contribution;

(a.6)  determine the contribution payable by a person declared financially eligible for legal aid under section 4.3 and fix the maximum amount of such contribution;

(a.7)  determine, for the purposes of the contribution referred to in subparagraph a.5 or a.6, what legal aid costs consist of, fix the time when the contribution becomes payable by the recipient and determine standards for the payment of the contribution and, to that end, prescribe the time allotted for and the terms and conditions of payment, determine in what cases the recipient is required to pay interest and fix the rate of interest;

(a.8)  adjust the rules governing financial eligibility for gratuitous legal aid or for contributory legal aid in respect of persons residing in remote regions and, for such purpose, fix the minimum period of residence in a remote region and determine what a remote region is;

(b)  designate the benefit or compensation programs in respect of which legal aid may be granted, to the extent determined by paragraph 7 of section 4.7 and by paragraph 2 of section 4.10, or designate the legislative provisions establishing such programs;

(b.1)  determine, in addition to those already specified in this Act, the legal services for which legal aid may be granted and, if expedient, specify on what conditions it may be granted therefor, and determine, in addition to those already excluded, the legal services for which legal aid may not be granted and specify, if expedient, in what cases and on what conditions legal aid may not be granted for such services;

(b.2)  define the terms and expressions used in this Act or the scope thereof;

(c)  fix the conditions which a legal aid centre must fulfil and the information which it must furnish to be authorized by the Commission for the purposes of this Act;

(d)  determine the conditions of any agreement between the Commission and the legal aid centres for the purposes of this Act;

(e)  determine the form and content of all certificates of eligibility issued under this Act;

(f)  determine, after consultation with the Barreau du Québec or the Chambre des notaires du Québec, as the case may be, the legal services, other than legal services that are within the exclusive competence of an advocate or notary, which and articled student or a law student in the employ of a legal aid centre is authorized to render and specify the fields of activity in which and the conditions on which legal services may so be rendered;

(g)  determine the books, accounts and statistics a legal aid centre must keep and the nature and form of the reports it must furnish, the nature of the information they must contain and the time at which they must be filed;

(h)  determine the form and content of applications for legal aid as well as the tenor of the undertakings to be made by applicants;

(h.1)  determine the documents and information to be supplied by persons applying for legal aid and designate the classes of persons who are dispensed from supplying certain documents or information;

(h.2)  define what is an applicant for legal aid and designate the persons or bodies that are not authorized to make an application for legal aid on behalf of another person;

(h.3)  determine the documents and information relating to an application for legal aid that may be submitted to verification and the persons or bodies that may be contacted for the purpose of such verification and determine the authorizations which may be required to that effect;

(i)  establish the standards and scales under which those employees of the Commission and the centres not governed by a collective labour agreement are appointed and remunerated and the standards and criteria whereby the indemnities payable to the members of the board of directors of a regional centre and the attendance allowances payable to the members of an administrative committee shall be established;

(j)  fix the date of the end of its fiscal year and of that of the legal aid centres and the date of the deposit of their budgetary estimates;

(k)  prescribe rules necessary for its internal management and the conduct of its business, particularly as regards the operation of the committee entrusted with conducting reviews under Division VI.2;

(l)  provide, if expedient, for measures to ensure the carrying out of an agreement made under section 94, in particular as regards the granting of legal aid pursuant to the agreement;

(m)  determine the standards and criteria relating to the control that a regional centre must exercise over the expenses of a local legal aid centre;

(n)  determine the place where a person wishing to obtain legal aid must send his application and prescribe rules in that regard;

(o)  (subparagraph repealed);

(p)  determine the cases where, notwithstanding this Act, the fees of lawyers and notaries not employed by a centre who are retained for professional services on behalf of a recipient are paid by the Commission rather than the centres;

(q)  determine, for the application of the second paragraph of section 63, the criteria and standards according to which the director general establishes that a substantial part of a group is eligible for legal aid;

(r)  fix the amount of the costs to be charged by a local centre or an office in accordance with section 62, fix the modalities of payment of such costs and determine in what cases they may be refunded;

(s)  determine, for the purposes of the recovery of legal aid costs, in what cases and to what extent a person is required to repay such costs, determine what such costs consist of, prescribe the method for determining the amount payable, determine the sums, or the portion of any sum, which the debtor is not required to repay and the cases in which there is to be no recovery of costs, fix the time when repayment of the costs becomes exigible, prescribe the time allotted for and the terms and conditions of repayment, determine the cases in which the debtor is required to pay interest and fix the rate of interest;

(t)  regulate the exclusivity of services provided for in section 52.1.

The provisions of regulations under subparagraphs a to a.8 of the first paragraph may vary according to whether a person alone or a family is concerned, according to the composition of the family, according to the condition of the applicant or of a member of his family, according to the number of children or according to whether a natural person, a group of persons or a legal person is concerned or, in the case of subparagraph a.2, according to the legal service provided or, in the case of subparagraph a.4, according to the type of assets or according to whether or not the applicant or his spouse owns their residence or, in the case of subparagraph h.1, according to whether the applicant is a natural person, a group of persons or a legal person. The calculation method for determining income or the value of property referred to in subparagraph a.3 may vary according to the type of income or the assets being considered. The provisions of a regulation under subparagraph a.5 or a.6 which pertain to the determination of the contribution may provide that the contribution varies according to whether a person alone or a family is concerned and according to the income level of the recipient or according to whether a natural person, a group of persons or a legal person is concerned. The standards for the payment of the contribution by the recipient referred to in subparagraph a.7 may vary according to whether the services were rendered by an advocate or notary in the employ of a legal aid centre or by an advocate or notary not in the employ of a legal aid centre. The provisions of a regulation under subparagraph f may vary according to the legal services rendered or the fields of activity in which the services are rendered or according to whether the services are rendered by an articled student or a law student. The method referred to in subparagraph s for determining the amount exigible from a person required to repay legal aid costs may vary according to the different cases specified in the regulation. The provisions of a regulation under subparagraph t of the first paragraph may vary according to the legal services provided or the fields of activity in which legal services are provided or according to the territory in which and the period for which the provisions are applicable.

Regulations under subparagraphs a to a.8, b to b.2, h to h.3, l, q, r, s and t of the first paragraph are made by the Government.

All other regulations are made by the Commission and are subject to the approval of the Government, which may approve them with or without amendment.

Once approved, a regulation made by the Commission under subparagraph k of the first paragraph shall be published in the Gazette officielle du Québec. It shall come into force on the date of publication or on any later date indicated therein.

1972, c. 14, s. 80; 1973, c. 45, s. 21; 1977, c. 5, s. 229; 1978, c. 8, s. 53; 1982, c. 36, s. 9; 1982, c. 17, s. 35; 1996, c. 23, s. 42; 1996, c. 23, s. 52, s. 53, s. 54, s. 55.

81. The Minister shall negotiate with the bodies authorized to represent the notaries, advocates, bailiffs or stenographers, the tariffs of fees applicable for the purposes of this Act as well as a procedure for the settlement of disputes, and to what matters the procedure may apply.

Notwithstanding any general law or special Act, the Government may make regulations to ratify an agreement contemplated in the first paragraph or, failing such an agreement, to establish such tariffs for the purposes of this Act. Such regulations may also prescribe which person may determine the fees applicable to services for which no tariff is fixed. Moreover, they may provide a procedure for the settlement of dispute and to what matters the procedure may apply.

A tariff established under this section may fix, to the extent prescribed therein, an all-inclusive fee for all services provided within the scope of a single mandate. It may also determine the maximum amount of fees that may be paid under this Act to one professional in the course of a period specified by the tariff and beyond which fees paid to the professional are to be reduced, in respect of each mandate, in the proportion specified by the tariff. The provisions of the tariff pertaining to the maximum amount of fees that may be paid to one professional may vary according to the class of professionals to which they apply.

The Commission and the centres are bound by every regulation contemplated in the second paragraph.

1972, c. 14, s. 81; 1982, c. 36, s. 10; 1985, c. 29, s. 1; 1996, c. 23, s. 43; 1996, c. 23, s. 54.

DIVISION VIII PENAL PROVISIONS

1992, c. 61, s. 46.

82. Every person who

(1)  knowingly makes a statement containing false or misleading information or knowingly transmits a document containing such information so as to

(a)  make himself eligible or so as to remain eligible for legal aid;

(b)  make a member of his family eligible for legal aid or remain eligible for legal aid;

(c)  help another person to obtain legal aid to which he is not entitled,

(2)  being an advocate or a notary to whom section 60 or the second paragraph of section 61 applies, receives a sum of money or any other advantage not provided for by this Act, or

(3)  being an advocate or a notary to whom the first paragraph of section 61 applies, fails to remit to the centre which employs him the fees and expenses collected by him pursuant to a judgment or transaction,

is guilty of an offence and is liable to a fine of not less than $500 and not more than $1,400 in the case of a natural person, and of not less than $1,000 and not more than $7,000 in the case of a legal person.

1972, c. 14, s. 82; 1986, c. 58, s. 2; 1990, c. 4, s. 49; 1991, c. 33, s. 2; 1996, c. 23, s. 44.

82.1. Every person who refuses or neglects to supply any information or document requested under the third paragraph of section 64 is guilty of an offence and is liable to a fine of not less than $250 and not more than $1,000.

1996, c. 23, s. 44.

83. (Repealed).

1972, c. 14, s. 83; 1992, c. 61, s. 47.

DIVISION IX MISCELLANEOUS AND FINAL PROVISIONS

84. The Commission shall, each year, not later than 1 November, send its budgetary estimates for the subsequent fiscal year to the Minister of Justice.

1972, c. 14, s. 84.

85. The Commission and the legal aid centres shall not make expenditures or assume obligations the amount of which exceeds, in a fiscal year, the sums at their disposal for that fiscal year.

The Commission shall not, in a fiscal year, make financial commitments, other than the contracting of loans, in excess of the amount authorized for such purpose by the Minister of Justice for that fiscal year. Nor shall legal aid centres make commitments, in a fiscal year, in excess of the amount authorized for such purpose by the Commission for that fiscal year.

This section shall not operate so as to prevent the Commission or a centre from making a financial commitment for more than one fiscal year in respect of the lease of movable or immovable property, a collective agreement or the remuneration and conditions of employment of employees not governed by a collective agreement. Nor shall it operate so as to prevent the Commission from contracting a loan repayable over a period exceeding one fiscal year.

1972, c. 14, s. 85; 1979, c. 32, s. 13; 1996, c. 23, s. 46.

85.1. The Commission may not contract a loan, evidenced by a note or other instrument, except with the authorization of the Government and at the rate of interest and on the other conditions determined by the Government.

1996, c. 23, s. 46.

86. Each legal aid centre must, each year, on the date fixed by regulation, send to the Commission a financial report audited by a public accountant and including its balance-sheet, its account of revenue and expenditures, a statement of the obligations assumed and the liabilities contracted under section 52 particularly, an estimate of the cost of its commitments and a detailed statement of the use made of the financial assistance the Commission has granted to it. It shall send a copy of that report to the Minister of Justice.

1972, c. 14, s. 86; 1979, c. 32, s. 14; 1996, c. 23, s. 47, s. 54.

87. The Commission must, each year, within the four months following the end of its fiscal year, send to the Minister of Justice a financial report audited by a public accountant and including its balance-sheet, its account of revenue and expenditures, a statement of the obligations assumed and the liabilities contracted under section 52 particularly, an estimate of the cost of its commitments and a detailed statement of the use made of the subsidy the Government has granted it and of any revenue at its disposal, including the sums collected by legal aid centres.

The Commission shall also send to the Minister, on request, any information or document pertaining to the administration of this Act which he requires.

1972, c. 14, s. 87; 1977, c. 5, s. 14; 1979, c. 32, s. 14; 1996, c. 23, s. 48.

87.1. A centre shall not assume the financing of a class action; it may only permit that an advocate in its employ be the attorney of the representative.

1978, c. 8, s. 54; 1996, c. 23, s. 54.

87.2. The Commission shall assume the payment of the court costs payable to the Gouvernement du Québec and the duties which a registrar would otherwise have collected and from which recipients are dispensed under subparagraph b of the first paragraph of section 5, excepting the fees mentioned in section 8.3 of the Act to promote the reform of the cadastre in Québec (chapter R-3.1). At the end of each fiscal year, the Commission shall pay to the register fund of the Ministère de la Justice the amounts relating to goods and services financed by that fund, and the other amounts to the consolidated revenue fund.

1993, c. 28, s. 1.

88. Subject to section 89, every regional centre having jurisdiction in all or part of the island of Montréal, and which the Commission designates for that purpose, succeeds, from the date the Commission determines, the Legal Aid Bureau of the Bar of Montréal and it acquires the rights and assumes the obligations thereof on the date indicated.

1972, c. 14, s. 88; 1996, c. 23, s. 52.

89. The permanent employees of any legal aid body established under the Act respecting the Barreau du Québec (chapter B-1) and the employees of a section of the Bar entrusted exclusively with legal aid, who are in office on 5 September 1972, shall have a prior right to become employees of the Commission or of a legal aid centre, as the Commission determines.

The benefits that the Commission or the centres grant to such employees must not be less than those they received on 21 March 1972.

1972, c. 14, s. 89; 1996, c. 23, s. 54.

90. The Commission may temporarily provide legal aid services directly in a region until a regional centre has been established and is prepared to provide those services itself.

In the case contemplated in this section, the Commission shall exercise the powers vested in a regional centre, assume its functions and perform its duties.

For that purpose, the Commission shall appoint an advocate to perform the duties assigned by this Act to the director general of a regional centre.

1972, c. 15, s. 3; 1996, c. 23, s. 52, s. 55.

91. All communications made by an applicant or recipient to one of the members of the Commission, a centre, the director general or any of the employees of the Commission or centre, shall have the same confidential character as a communication between client and advocate, and all those persons who receive those communications are bound to professional secrecy.

1972, c. 14, s. 90; 1996, c. 23, s. 54, s. 55.

92. The Commission, a legal aid centre or a legal aid bureau may avail itself of the provisions of section 88 of the Professional Code (chapter C-26). For such purposes, they shall be regarded as persons having recourse to the services of a member of a professional order.

1972, c. 14, s. 93; 1996, c. 23, s. 50.

93. The Minister of Justice shall, within six months after the end of each fiscal year, lay before the National Assembly a report of the activities of the Commission for that fiscal year.

1972, c. 14, s. 95.

94. The Minister of Justice may, according to law, make agreements concerning legal aid with any other government or with one of its departments or bodies, or with any other authority outside Québec which is responsible for granting legal aid.

Moreover, the Minister may, according to law, make agreements with the Government of Canada or with one of its departments or bodies concerning the payment by Canada to Québec of that part of the expenses necessary for the carrying out of this Act which is determined by such agreements.

1972, c. 14, s. 97; 1977, c. 5, s. 14; 1996, c. 23, s. 51.

95. The Minister of Justice shall be entrusted with the application of this Act.

1972, c. 14, s. 99.

96. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 14 of the statutes of 1972, in force on 31 December 1977, is repealed, except sections 98 and 100, effective from the coming into force of chapter A-14 of the Revised Statutes.

Sections 4.1 and 62 of this Act will be amended upon the coming into force of sections 164 and 165 of chapter 36 of the statutes of 1998 on the date or dates fixed by order of the Government.