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

Section 38 Disposition versions

2018-09-13

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(2)  a person to whom legal aid is withdrawn in the case provided for in section 70 of that Act;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

O.C. 1073-96, s. 38; O.C. 1454-97, s. 26; O.C. 866-2013, s. 10; O.C. 1162-2018, s. 2.

2013-09-18

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.

2012-09-01

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, all 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, all 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.