Legal Aid Services Act, 1998, S.O. 1998, c. 26

• Jurisdiction: Ontario

Legal Aid Services Act, 1998

S.O. 1998, CHAPTER 26

Historical version for the period July 8, 2020 to October 17, 2021.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is repealed. (See: 2020, c. 11, Sched. 15, s. 50)

Last amendment: 2020, c. 11, Sched. 15, s. 50.

CONTENTS

PART I
INTERPRETATION

Purpose

1 The purpose of this Act is to promote access to justice throughout Ontario for low-income individuals by means of,

(a) providing consistently high quality legal aid services in a cost-effective and efficient manner to low-income individuals throughout Ontario;

(b) encouraging and facilitating flexibility and innovation in the provision of legal aid services, while recognizing the private bar as the foundation for the provision of legal aid services in the areas of criminal law and family law and clinics as the foundation for the provision of legal aid services in the area of clinic law;

(c) identifying, assessing and recognizing the diverse legal needs of low-income individuals and of disadvantaged communities in Ontario; and

(d) providing legal aid services to low-income individuals through a corporation that will operate independently from the Government of Ontario but within a framework of accountability to the Government of Ontario for the expenditure of public funds. 1998, c. 26, s. 1.

Definitions

2 In this Act,

“applicant” means a person who applies for or receives legal aid services; (“auteur de la demande”)

“certificate” means a certificate or provisional certificate issued under this Act authorizing an individual to obtain legal aid services from a lawyer or service-provider; (“certificat”)

“clinic” means an independent community organization structured as a corporation without share capital that provides legal aid services to the community it serves on a basis other than fee for service; (“clinique”)

“clinic committee” means the clinic committee of the board of directors of the Corporation; (“comité des cliniques”)

“clinic law” means the areas of law which particularly affect low-income individuals or disadvantaged communities, including legal matters related to,

(a) housing and shelter, income maintenance, social assistance and other similar government programs, and

(b) human rights, health, employment and education; (“domaines de pratique des cliniques”)

“Corporation” means Legal Aid Ontario established under this Act; (“Société”)

“criminal law” includes legal matters relating to,

(a) provincial offences, and

(b) the Youth Criminal Justice Act (Canada); (“droit criminel”)

“Law Society” means the Law Society of Ontario; (“Barreau”)

“lawyer” means a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor; (“avocat”)

“legal aid services” means legal and other services provided under this Act; (“services d’aide juridique”)

“person responsible”, with respect to another person, means a person responsible for contributing towards the costs of legal aid services provided to the other person, as prescribed; (“personne responsable”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“service-provider” means a person, other than a lawyer, who provides legal aid services; (“fournisseur de services”)

“student” means a person enrolled in a program of pre-licensing education or training under the Law Society Act or in any law course approved by the Law Society. (“étudiant”) 1998, c. 26, s. 2; 2006, c. 19, Sched. D, s. 10 (1); 2006, c. 21, Sched. C, s. 115 (1); 2018, c. 8, Sched. 15, s. 12.

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. D, s. 10 (1) - 22/06/2006

2006, c. 21, Sched. C, s. 115 (1) - 1/05/2007

2018, c. 8, Sched. 15, s. 12 - 08/05/2018

PART II
LEGAL AID ONTARIO

Corporation established

3 (1) A corporation without share capital is established under the name Legal Aid Ontario in English and Aide juridique Ontario in French

Membership

(2) The members of the Corporation shall consist of the members of its board of directors.

Not a Crown agency

(3) The Corporation is not an agent of Her Majesty nor a Crown agent for the purposes of the Crown Agency Act.

Independent from but accountable to the Ontario government

(4) The Corporation shall be independent from, but accountable to, the Government of Ontario as set out in this Act. 1998, c. 26, s. 3.

Objects

4 The objects of the Corporation are,

(a) to establish and administer a cost-effective and efficient system for providing high quality legal aid services to low-income individuals in Ontario;

(b) to establish policies and priorities for the provision of legal aid services based on its financial resources;

(c) to facilitate co-ordination among the different methods by which legal aid services are provided;

(d) to monitor and supervise legal aid services provided by clinics and other entities funded by the Corporation;

(e) to co-ordinate services with other aspects of the justice system and with community services;

(f) to advise the Attorney General on all aspects of legal aid services in Ontario, including any features of the justice system that affect or may affect the demand for or quality of legal aid services. 1998, c. 26, s. 4.

Board of directors

5 (1) The affairs of the Corporation shall be governed and managed by its board of directors. 2020, c. 11, Sched. 14, s. 1.

Composition

(2) The board shall be composed of 11 persons appointed for a specified term by the Lieutenant Governor in Council on the recommendation of the Attorney General. 2020, c. 11, Sched. 14, s. 1.

Same

(3) Five of the persons appointed under subsection (2) shall be selected by the Attorney General from a list of persons recommended by the Law Society of Ontario. 2020, c. 11, Sched. 14, s. 1.

Chair

(4) The Lieutenant Governor in Council shall, on the recommendation of the Attorney General in consultation with the Law Society of Ontario, appoint one of the persons appointed under subsection (2) as chair of the board. 2020, c. 11, Sched. 14, s. 1.

Acting chair

(5) The chair of the board shall designate another appointed member of the board to act as chair in his or her absence and, if the chair fails to designate a person, or if the designated person is also absent, the other appointed members of the board shall designate a person to act as chair in the absence of the chair. 2020, c. 11, Sched. 14, s. 1.

Quorum

(6) A majority of the appointed members of the board constitutes a quorum. 2020, c. 11, Sched. 14, s. 1.

Vacancies

(7) If there are one or more vacancies on the board, the remaining members may exercise all the powers of the board if they would constitute a quorum of the fully constituted board. 2020, c. 11, Sched. 14, s. 1.

Remuneration

(8) The appointed members of the board are entitled to such remuneration and reimbursement for reasonable expenses as are determined by the Lieutenant Governor in Council. 2020, c. 11, Sched. 14, s. 1.

Transition, board

(9) The persons who are appointed members of the board of directors of the Corporation immediately before section 1 of Schedule 14 to the Smarter and Stronger Justice Act, 2020 came into force continue as appointed members of the board until the earliest of the expiry of their terms, their resignation or their removal. 2020, c. 11, Sched. 14, s. 1.

Transition, chair

(10) The person who acted as chair immediately before section 1 of Schedule 14 to the Smarter and Stronger Justice Act, 2020 came into force continues as chair until the earliest of the expiry of the person’s term, the person’s resignation or the person’s removal. 2020, c. 11, Sched. 14, s. 1.

Section Amendments with date in force (d/m/y)

2020, c. 11, Sched. 14, s. 1 - 08/07/2020

6 Repealed: 2020, c. 11, Sched. 14, s. 1.

Section Amendments with date in force (d/m/y)

2020, c. 11, Sched. 14, s. 1 - 08/07/2020

Advisory committees

7 (1) The board shall establish an advisory committee in each of criminal law, family law and clinic law and in any other prescribed area of law.

Same

(2) The board may establish other advisory committees that it considers appropriate.

Composition and functions

(3) The composition and functions of the advisory committees shall be as determined by the board. 1998, c. 26, s. 7.

Audit committee, clinic committee

8 (1) The board shall establish an audit committee and a clinic committee and may establish additional committees as it considers appropriate.

Composition

(2) The committees shall be composed of that number of members of the board of directors as determined by the board.

Functions – general

(3) The functions of the committees shall be as determined by the board.

Functions – clinic committee

(4) In addition to any functions assigned to it by the board, the clinic committee shall,

(a) recommend policies and guidelines to the board in respect of the Corporation’s funding of clinics;

(b) recommend standards to the board for the operation of clinics;

(c) make decisions with respect to applications by clinics for funding and reconsider such decisions made by it or by an officer or employee of the Corporation. 1998, c. 26, s. 8.

Legal aid plan, Legal Aid Fund

9 The assets and liabilities associated with the legal aid plan or the Legal Aid Fund that have been transferred to the Corporation by the Law Society of Ontario are deemed to be held by the Corporation in its name. 2020, c. 11, Sched. 14, s. 2.

Section Amendments with date in force (d/m/y)

2020, c. 11, Sched. 14, s. 2 - 08/07/2020

10 Repealed: 2020, c. 11, Sched. 14, s. 2.

Section Amendments with date in force (d/m/y)

2020, c. 11, Sched. 14, s. 2 - 08/07/2020

11 Repealed: 2020, c. 11, Sched. 14, s. 2.

Section Amendments with date in force (d/m/y)

2020, c. 11, Sched. 14, s. 2 - 08/07/2020

PART III
LEGAL AID SERVICES

Corporation to establish system for legal aid services

12 (1) The Corporation shall establish and administer...