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

Section 69 Disposition versions

2016-01-01

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

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

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

1972, c. 14, s. 69; 1982, c. 36, s. 7; 1996, c. 23, s. 33, s. 54, s. 55; I.N. 2016-01-01 (NCCP).

1996-09-26

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

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

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

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

1982-06-23

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

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

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

1972, c. 14, s. 69; 1982, c. 36, s. 7.

1977-12-31

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

However, when such applicant fails in his action, legal aid may be given him retroactively; in this case, it must not cover the extrajudicial fees of his counsel.

1972, c. 14, s. 69.