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

Section 80 Disposition versions

2022-06-08

80. Regulations may be made for the purposes of this chapter, unless the context requires a different meaning, 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 or one of the parents, 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;

(a.9)  determine what the legal aid costs of the services described in paragraph 1.1 of section 4.7 are, determine when such costs are payable by a person eligible for legal aid under the second paragraph of section 4 who has been granted legal aid, determine in what cases the person is required to pay interest and fix the rate of interest, and determine all other terms relating to the payment of those costs;

(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 chapter, 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 chapter;

(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, for the purposes of this Act, 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 and of declarations made under the first paragraph of section 64, 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, for the purposes of this Act, 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, for the purposes of this Act, 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, for the purposes of this Act, 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, for the purposes of this Act, 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, despite this chapter, the fees and expenses of advocates and notaries not in the employ of a centre or the Commission, whose professional services are retained on behalf of a recipient, are paid by the centre or the Commission;

(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;

(s.1)  determine the amount and the terms of the reimbursement to which the parties are entitled in the case of a withdrawal of legal aid under section 4.11.1;

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

(u)  determine how an advocate or notary must report to the Commission under this Act concerning the fees and expenses relating to the legal services rendered, when the report must be made, and the exceptional cases in which no such report is required;

(v)  determine the rules applicable to the payment of fees and expenses by the Commission, including the date on which prescription of a claim relating to a statement of fees and expenses payable by a centre or the Commission under this Act begins to run.

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 the Commission or by an advocate or notary not in the employ of a legal aid centre or the Commission. 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.9, b to b.2, h to h.3, l and q to v of the first paragraph are made by the Government.

All other regulations under this chapter 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; 2000, c. 8, s. 101; 2010, c. 12, s. 27; 2012, c. 20, s. 41; 2022, c. 22, s. 129.

2013-09-18

80. Regulations may be made for the purposes of this chapter, unless the context requires a different meaning, 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;

(a.9)  determine what the legal aid costs of the services described in paragraph 1.1 of section 4.7 are, determine when such costs are payable by a person eligible for legal aid under the second paragraph of section 4 who has been granted legal aid, determine in what cases the person is required to pay interest and fix the rate of interest, and determine all other terms relating to the payment of those costs;

(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 chapter, 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 chapter;

(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, for the purposes of this Act, 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 and of declarations made under the first paragraph of section 64, 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, for the purposes of this Act, 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, for the purposes of this Act, 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, for the purposes of this Act, 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, for the purposes of this Act, 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, despite this chapter, the fees and expenses of advocates and notaries not in the employ of a centre or the Commission, whose professional services are retained on behalf of a recipient, are paid by the centre or the Commission;

(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;

(s.1)  determine the amount and the terms of the reimbursement to which the parties are entitled in the case of a withdrawal of legal aid under section 4.11.1;

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

(u)  determine how an advocate or notary must report to the Commission under this Act concerning the fees and expenses relating to the legal services rendered, when the report must be made, and the exceptional cases in which no such report is required;

(v)  determine the rules applicable to the payment of fees and expenses by the Commission, including the date on which prescription of a claim relating to a statement of fees and expenses payable by a centre or the Commission under this Act begins to run.

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 the Commission or by an advocate or notary not in the employ of a legal aid centre or the Commission. 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.9, b to b.2, h to h.3, l and q to v of the first paragraph are made by the Government.

All other regulations under this chapter 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; 2000, c. 8, s. 101; 2010, c. 12, s. 27; 2012, c. 20, s. 41.

2010-09-07

80. Regulations may be made for the purposes of this chapter, unless the context requires a different meaning, 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 chapter, 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 chapter;

(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, for the purposes of this Act, 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, for the purposes of this Act, 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, for the purposes of this Act, 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, for the purposes of this Act, 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, for the purposes of this Act, 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, despite this chapter, the fees and expenses of advocates and notaries not in the employ of a centre or the Commission, whose professional services are retained on behalf of a recipient, are paid by the centre or the Commission;

(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;

(u)  determine how an advocate or notary must report to the Commission under this Act concerning the fees and expenses relating to the legal services rendered, when the report must be made, and the exceptional cases in which no such report is required;

(v)  determine the rules applicable to the payment of fees and expenses by the Commission, including the date on which prescription of a claim relating to a statement of fees and expenses payable by a centre or the Commission under this Act begins to run.

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 the Commission or by an advocate or notary not in the employ of a legal aid centre or the Commission. 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 and q to v of the first paragraph are made by the Government.

All other regulations under this chapter 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; 2000, c. 8, s. 101; 2010, c. 12, s. 27.

2001-06-20

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 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; 2000, c. 8, s. 101.

1999-04-01

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.

1996-08-28

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 corporation 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 corporations 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 corporation 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 corporations 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 corporation 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 corporations 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 corporation must exercise over the expenses of a local legal aid corporation;

(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 corporation who are retained for professional services on behalf of a recipient are paid by the Commission rather than the corporations;

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

(r)  fix the amount of the costs to be charged by a local corporation 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.

1982-12-01

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

(a)  establish the criteria by which the corporations establish the means of subsistence of an applicant in accordance with section 2 and accept or refuse to grant him legal aid;

(b)  determine the nature of the disputes or suits which may be the object of legal aid;

(b.1)  determine, taking into account the financial resources of a child or of his father and mother, the criteria according to which legal aid may be granted in order to ensure representation of a child before the court;

(c)  fix the conditions which a legal aid corporation 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 corporations for the purposes of this act;

(e)  determine the conditions relating to the issue of a temporary attestation of qualification under section 67;

(f)  determine, upon the recommendation of the Barreau du Québec or, as the case may be, the Chambre des notaires du Québec, the legal services which an articled student or a law student employed by a legal aid corporation is authorized to render;

(g)  determine the books, accounts and statistics a legal aid corporation 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 information which a person applying for legal aid must furnish and the form of applications;

(i)  establish the standards and scales under which those employees of the Commission and the corporations 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 corporation 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 corporations and the date of the deposit of their budgetary estimates;

(k)  prescribe rules necessary for its internal management and the conduct of its business;

(l)  determine the cases where legal aid may be granted to persons who do not reside in Québec and establish standards and criteria in that regard;

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

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

(o)  determine the conditions regarding payment of the fees of experts who act for a recipient;

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

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

(r)  fix the amount of the costs to be charged by a local corporation 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 the legal services for which the Commission or a corporation must require a recipient to refund to it, in whole or in part, in consideration of the right or property he acquires, the costs of the legal aid provided, fix for each such service the amount exigible or the criteria by which that amount may be determined, and establish the terms and conditions of payment of the refund.

The Government makes the regulations contemplated in subparagraphs a, b, b.1, h, l, o, r and s. Every other regulation is made by the Commission and is submitted to the Government for approval.

After adoption or approval, as the case may be, a regulation made under this section must be published in the Gazette officielle du Québec, and comes into force from such 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.

1982-06-23

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

(a)  establish the criteria by which the corporations establish the means of subsistence of an applicant in accordance with section 2 and accept or refuse to grant him legal aid;

(b)  determine the nature of the disputes or suits which may be the object of legal aid;

(c)  fix the conditions which a legal aid corporation 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 corporations for the purposes of this act;

(e)  determine the conditions relating to the issue of a temporary attestation of qualification under section 67;

(f)  determine, upon the recommendation of the Barreau du Québec or, as the case may be, the Chambre des notaires du Québec, the legal services which an articled student or a law student employed by a legal aid corporation is authorized to render;

(g)  determine the books, accounts and statistics a legal aid corporation 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 information which a person applying for legal aid must furnish and the form of applications;

(i)  establish the standards and scales under which those employees of the Commission and the corporations 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 corporation 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 corporations and the date of the deposit of their budgetary estimates;

(k)  prescribe rules necessary for its internal management and the conduct of its business;

(l)  determine the cases where legal aid may be granted to persons who do not reside in Québec and establish standards and criteria in that regard;

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

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

(o)  determine the conditions regarding payment of the fees of experts who act for a recipient;

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

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

(r)  fix the amount of the costs to be charged by a local corporation 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 the legal services for which the Commission or a corporation must require a recipient to refund to it, in whole or in part, in consideration of the right or property he acquires, the costs of the legal aid provided, fix for each such service the amount exigible or the criteria by which that amount may be determined, and establish the terms and conditions of payment of the refund.

The Government makes the regulations contemplated in subparagraphs a, b, b.1, h, l, o, r and s. Every other regulation is made by the Commission and is submitted to the Government for approval.

After adoption or approval, as the case may be, a regulation made under this section must be published in the Gazette officielle du Québec, and comes into force from such 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.

1978-07-05

80. The Commission may make regulations for the purposes of this act and in particular to:

(a)  establish the criteria by which the corporations establish the means of subsistence of an applicant in accordance with section 2 and accept or refuse to grant him legal aid;

(b)  determine, taking into account its financial resources, the nature of the disputes or suits which may be the object of legal aid;

(c)  fix the conditions which a legal aid corporation 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 corporations for the purposes of this act;

(e)  determine the conditions relating to the issue of a temporary attestation of qualification under section 67;

(f)  determine, upon the recommendation of the Barreau du Québec or, as the case may be, the Chambre des notaires du Québec, the legal services which an articled student or a law student employed by a legal aid corporation is authorized to render;

(g)  determine the books, accounts and statistics a legal aid corporation 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 information which a person applying for legal aid must furnish and the form of applications;

(i)  establish the standards and scales under which those employees of the Commission and the corporations 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 corporation 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 corporations and the date of the deposit of their budgetary estimates;

(k)  prescribe rules necessary for its internal management and the conduct of its business;

(l)  determine the cases where legal aid may be granted to persons who do not reside in Québec and establish standards and criteria in that regard;

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

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

(o)  determine the conditions regarding payment of the fees of experts who act for a recipient;

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

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

Every regulation made under this section must be submitted for the approval of the Government; after such approval, it shall be published in the Gazette officielle du Québec and shall come into force from such publication or on any later date fixed therein.

1972, c. 14, s. 80; 1973, c. 45, s. 21; 1977, c. 5, s. 229; 1978, c. 8, s. 53.

1977-12-31

80. The Commission may make regulations for the purposes of this act and in particular to:

(a)  establish the criteria by which the corporations establish the means of subsistence of an applicant in accordance with section 2 and accept or refuse to grant him legal aid;

(b)  determine, taking into account its financial resources, the nature of the disputes or suits which may be the object of legal aid;

(c)  fix the conditions which a legal aid corporation 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 corporations for the purposes of this act;

(e)  determine the conditions relating to the issue of a temporary attestation of qualification under section 67;

(f)  determine, upon the recommendation of the Barreau du Québec or, as the case may be, the Chambre des notaires du Québec, the legal services which an articled student or a law student employed by a legal aid corporation is authorized to render;

(g)  determine the books, accounts and statistics a legal aid corporation 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 information which a person applying for legal aid must furnish and the form of applications;

(i)  establish the standards and scales under which those employees of the Commission and the corporations 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 corporation 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 corporations and the date of the deposit of their budgetary estimates;

(k)  prescribe rules necessary for its internal management and the conduct of its business;

(l)  determine the cases where legal aid may be granted to persons who do not reside in Québec and establish standards and criteria in that regard;

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

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

(o)  determine the conditions regarding payment of the fees of experts who act for a recipient;

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

Every regulation made under this section must be submitted for the approval of the Gouvernement; after such approval, it shall be published in the Gazette officielle du Québec and shall come into force from such publication or on any later date fixed therein.

1972, c. 14, s. 80; 1973, c. 45, s. 21; 1977, c. 5, s. 229.