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The Legal Aid Services Society of Manitoba Amendment Act

S.M. 1991-92, c. 16

Bill 36, 2nd Session, 35th Legislature

The Legal Aid Services Society of Manitoba Amendment Act

(Assented to July 26, 1991)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L105 amended

1           The Legal Aid Services Society of Manitoba Act is amended by this Act.

Section 1 amended

2           Section 1 is amended

(a)by striking out the definition "juvenile applicant" and substituting the following in alphabetical order within the section:

"youth applicant" means an applicant under the age of 18 years; («bénéficiaire mineur»)

(b)in the definition of "panel", by striking out "section 11" and substituting "section 13".

Section 3 rep. and sub.

3           Section 3 is repealed and the following is substituted:

Provision of legal aid

3(1)        The society may provide legal aid to an applicant who is eligible in such civil and criminal matters as are prescribed by regulation

(a)without charge, to an individual who is determined, in accordance with the regulations, to be unable to pay for legal aid; and

(b)with a partial or full charge to an individual who is determined, in accordance with the regulations, to be able to pay a portion or all of the costs of providing legal aid.

Additional powers

3(2)        Subject to the approval of the board, the society may provide legal aid requested by the Minister of Justice, a judge, or an officer of a court or tribunal, including providing representation as a friend of the court, and legal information or advice to an organization or agency, or to persons within a geographic area.

Subsection 9(4) rep. and sub.

4           Subsection 9(4) is repealed and the following is substituted:

Appointment of area directors

9(4)        The board may appoint an area director, who shall be a solicitor, for each district.

Subsection 11(1) amended

5           Subsection 11(1) is amended by striking out everything after "or is detained".

Subsection 13(3) repealed

6           Subsection 13(3) is repealed.

Section 14 rep. and sub.

7           Section 14 is repealed and the following is substituted:

Selection or appointment of solicitor

14          Except where the board otherwise directs, legal aid shall be provided by a solicitor registered as a member of the panel and

(a)selected by the applicant; or

(b)where the applicant declines or is unable to select a solicitor, appointed by an area director or the executive director.

Subsection 17(2) amended

8(1)        Subsection 17(2) is amended by striking out "3, 4 or 11, as the case may be" and substituting "3 or 4".

Subsection 17(3) rep. and sub.

8(2)        Subsection 17(3) is repealed and the following is substituted:

Money paid by applicant to solicitor

17(3)       Where a solicitor receives money from an applicant in respect of a matter for which the applicant is found by the society, before or after the money is received by the solicitor, to be eligible for legal aid, the executive director may, at any time after the solicitor is authorized to provide legal aid in respect of the matter, require the solicitor to pay the money to the society.

Section 17.1 added

9           The following is added after section 17:

Definition of "land"

17.1(1)     In this section, "land" has the same meaning as it has under The Real Property Act.

Registration of statement in L.T.O.

17.1(2)     Where an applicant who owns or has an interest in land in Manitoba receives legal aid, the executive director may register in a Land Titles Office, in accordance with The Real Property Act, a statement setting out the legal description of the land, and certifying the amount owed to the society for the legal aid.

Manner of registration

17.1(3)     A statement may be registered under subsection (2) without the consent of any person owning or having an interest in the land, and without fee.

Effect of registration

17.1(4)     On registration of a statement under subsection (2), the amount certified in the statement is a lien and charge on the applicant's estate or interest in the land; but no such statement has the effect of severing a joint tenancy or affecting a right under The Dower Act.

Postponement or discharge of lien

17.1(5)     The executive director

(a)may discharge a lien or postpone the priority of a lien where, in his or her opinion, it is just and proper to do so; and

(b)shall, on payment to the society of the cost of the legal aid, register a notice of discharge in the form prescribed under The Real Property Act.

Subsections 18(5) and (6) added

10          Section 18 is amended by adding the following after subsection (4):

Further application after appeal

18(5)       Where the board determines an appeal under this section and the applicant makes another application respecting the same matter, the executive director shall refer the application to the member of the board designated under subsection (2) where, in the opinion of the executive director, the application does not disclose

(a)a material change in circumstance since the appeal was determined; or

(b)new information that was not available to the applicant at the time of the appeal.

Decision of board member

18(6)       A member of the board considering an application under subsection (5) shall consider any written submission by or on behalf of the applicant, and shall

(a)where the member is satisfied that the application establishes the circumstances set out in clause (5)(a) or (b), refer the application to the executive director for consideration as a new application; or

(b)where the member is satisfied that the application does not establish the circumstances set out in clause (5)(a) or (b), submit a report to the board with a recommendation respecting disposition of the application, or refuse the application without submitting such a report.

Section 19 amended

11          Section 19 is amended by striking out "or is a solicitor appointed or employed under section 9" and substituting "or a solicitor employed by the society".

Section 21 amended

12          Section 21 is amended

(a)by repealing the heading and substituting "Community law centres";

(b)by striking out "community legal aid centres" and substituting "community law centres".

Section 29 amended

13          Section 29 is amended

(a)by striking out the part preceding clause (a) and substituting "The Lieutenant Governor in Council may make regulations";

(b)in clause (b), by striking out "prescribing the" and substituting "respecting applications for legal aid and";

(c)in subclause (b)(ii), by striking out "partial";

(d)in clause (d), by striking out "juvenile applicants" and substituting "youth applicants";

(e)in clause (e)

(i)by striking out "prescribing" and substituting "respecting", and

(ii)by striking out "a solicitor" and substituting "solicitors";

(f)in clause (f), by striking out "a solicitor's bill" and substituting "solicitors' accounts";

(g)in clause (g), by striking out "community legal aid centres" and substituting "community law centres";

(h)in clause (h), by striking out "prescribing" and substituting "respecting";

(i)in clause (k), by striking out "prescribing" and substituting "respecting".

Coming into force

14          This Act comes into force on royal assent.