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

Section 74 Disposition versions

2020-06-05

74. Any person in respect of whom legal aid has been refused or withdrawn, from whom the repayment of legal aid costs is required or who wishes to contest the amount of the contribution payable may, within 30 days of the decision of the director general, apply for a review by the committee formed under paragraph k of section 22. The application shall be decided by a committee of three members, including at least one advocate, except in the case of an application regarding a decision made under subparagraph a of the first paragraph of section 70, which shall be decided by a single member, who must be an advocate. An application for review releases the applicant’s advocate and the director general from their obligation of professional secrecy with regard to the review committee and its delegate.

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

Where it is decided that the applicant is not eligible for legal aid,

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

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

1972, c. 14, s. 74; 1996, c. 23, s. 39; 2010, c. 12, s. 25; 2020, c. 12, s. 165.

2010-09-07

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 Any person in respect of whom legal aid has been refused or withdrawn, from whom the repayment of legal aid costs is required or who wishes to contest the amount of the contribution payable may, within 30 days of the decision of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

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

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

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

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

1972, c. 14, s. 74; 1996, c. 23, s. 39; 2010, c. 12, s. 25.

1996-09-26

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

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

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

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

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

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

1977-12-31

74. Any person who believes he was wronged because legal aid was refused him withdrawn or suspended, may within fifteen days following the decision of the general manager, apply for review to the review committee established under paragraph k of section 22 of this act; such application shall release the advocate and the general manager from their obligation of professional secrecy in respect of the review committee and its delegate in the performance of their duties; in case of urgency, such application shall have the effect of obliging the general manager to issue a temporary certificate.

1972, c. 14, s. 74.