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

Section 4.7 Disposition versions

2022-11-01

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 II of Book V of the Code of Civil Procedure (chapter C-25.01) applies, subject to paragraph 1.1;

(1.1)  to provide parties with the professional services of an advocate for the purpose of obtaining a judgment on an agreement, submitted in a joint application for the review of a judgment, which settles all matters relating to child custody or all matters relating to either child support alone or child and spousal support;

(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 an absentee, tutorship to a minor or to a person of full age, a protection mandate or temporary representation of an incapable person of full age;

(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; 2012, c. 20, s. 32; I.N. 2016-01-01 (NCCP); 2020, c. 11, s. 170.

2016-01-01

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 II of Book V of the Code of Civil Procedure (chapter C-25.01) applies, subject to paragraph 1.1;

(1.1)  to provide parties with the professional services of an advocate for the purpose of obtaining a judgment on an agreement, submitted in a joint application for the review of a judgment, which settles all matters relating to child custody or all matters relating to either child support alone or child and spousal support;

(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 an absentee, tutorship to a minor, protective supervision of a person of full age or a protection mandate;

(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; 2012, c. 20, s. 32; I.N. 2016-01-01 (NCCP).

2013-09-18

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, subject to paragraph 1.1;

(1.1)  to provide parties with the professional services of an advocate for the purpose of obtaining a judgment on an agreement, submitted in a joint application for the review of a judgment, which settles all matters relating to child custody or all matters relating to either child support alone or child and spousal support;

(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; 2012, c. 20, s. 32.

1999-04-01

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.