Legal Aid Regulation
This regulation sets out how Legal Aid Manitoba applications, certificates, panel solicitors, duty counsel, accounts, and appeals are handled.
- Jurisdiction
- Canada — Manitoba
- Instrument
- Regulation
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This page preserves the statute’s identified version, provision structure, official source link, and stored legal text for reading and research.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Legal Aid Regulation
Showing 1 of 1
- § Verify source ↗
Legal Aid Regulation
This regulation sets out how Legal Aid Manitoba applications, certificates, panel solicitors, duty counsel, accounts, and appeals are handled.
Legal Aid Regulation, M.R. 225/91 The Legal Aid Manitoba Act , C.C.S.M. c. L105 Regulation 225/91 Registered October 15, 1991 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS, FORMS AND ORGANIZATION 1 Definitions 2 Forms prescribed by Legal Aid Manitoba 3 Executive director 4 Area directors 5 Application to register on panel 6 Solicitor may remove name from panel 7 Obligations after removal PART 2 PROCEDURE 8 Applications for legal aid by residents and non-residents 9 Mentally disordered person 10 When legal aid must be provided 11 When legal aid may be provided 12 Documents concerning appeal to be submitted 13 Summary conviction offences 14 Determining financial eligibility 15 Certain legal aid subject to agreement to pay 16 Rejection of application 17 Provision of legal aid to eligible person 18 Amending a certificate 19 Immediate certificate 20 Retroactive certificate 21 Certificate delivered to solicitor 22 Repealed 23 Change of solicitor 24 Expiration of certificate 25 Change of circumstances 26 Adding agreement to pay 27 Cancellation of certificate 28 Notice of cancellation 29 Legal Aid Manitoba may recover from client 30 Discharging certificate PART 3 REIMBURSEMENT TO LEGAL AID MANITOBA 31 Agreement on costs 32 Notice of settlement 33 Costs recoverable by Legal Aid Manitoba 34 Costs paid to client 35 Legal aid expenditure is a charge 36 Reimbursement by client 37 Repealed PART 4 SOLICITOR'S REMUNERATION 38 Remuneration limited to tariff 39 Solicitor's lien not available 40 Payment according to tariff 41 Contents of account 42 Reimbursement for interim disbursements 43 Settlement of accounts 44 Disallowance of fees 45 Review of account PART 5 DUTY COUNSEL 46 Duty counsel and associate not to represent certain clients 47 Duty counsel not to recommend 48 Duty counsel report 49 Duty counsel account PART 6 APPEAL COMMITTEE 50 Definition of "committee" 51 Committee appeals PART 7 REDUCTION OF FEES 52 Executive director's report 53 Percentage reduction of fees PART 8 UNIVERSITY LAW CENTRE 54 Student law centre 55 Responsibility of centre 56 Law students PART 9 COMMUNITY LAW CENTRE 57 Community law centre may be established 58-59 Repealed PART 10 GENERAL 60 Extension of time 61 Solicitor to provide information 62 Solicitor and client relationship 63 Repeal Schedule [Repealed] PART 1 DEFINITIONS, FORMS AND ORGANIZATION Definitions 1 In this regulation, "Act" means The Legal Aid Manitoba Act ; («  Loi ») "agreement to pay" means an agreement between Legal Aid Manitoba and a client referred to in section 15; (« engagement de paiement ») "certificate" means a certificate issued under section 10 or 11; (« mandat ») "client" means a person or group that receives legal aid. (« client ») M.R. 2/98; 117/2005 Forms prescribed by Legal Aid Manitoba 2 An application, form, certificate, report or notice referred to in this regulation shall be in writing in a form acceptable to Legal Aid Manitoba. M.R. 117/2005 Executive director 3(1) The executive director is the chief executive officer of Legal Aid Manitoba and has the powers of an area director. 3(2) The executive director may delegate any duty to other employees of Legal Aid Manitoba. M.R. 117/2005 Area directors 4 An area director is responsible to the executive director for the administration of legal aid within a district designated by the council. M.R. 117/2005 PANEL Application to register on panel 5(1) A solicitor may register on the panel by applying in writing to the executive director. 5(2) The name of each solicitor who applies under subsection (1) shall be registered on the panel. Solicitor may remove name from panel 6(1) A solicitor who is registered as a member of the panel may remove his or her name from the panel by giving written notice to the executive director. 6(2) If a solicitor registered on the panel is not entitled to practise in the province, the executive director shall remove the name of the solicitor from the panel. M.R. 105/94 Obligations after removal from panel 7 A solicitor whose name is removed from the panel shall with respect to each matter for which the solicitor received a certificate (a) deliver to the executive director the file in the possession of the solicitor; (b) report to the executive director on the state of the matter; and (c) submit an account as required under section 41 for any fees and disbursements. PART 2 PROCEDURE APPLICATIONS Applications for legal aid by residents and non-residents 8(1) A resident of Manitoba may apply for legal aid by submitting a written application to the executive director or an area director. 8(2) A person who is not a resident of Manitoba may apply for legal aid respecting a matter arising in Manitoba by submitting a written application to the executive director. 8(3) The executive director may provide legal aid to a person applying under subsection (2) if satisfied that, in respect of the matter that is the subject of the application, the applicant (a) would be eligible for legal aid if the applicant resided in Manitoba; and (b) is financially eligible for legal aid in the jurisdiction in which the applicant resides. M.R. 105/94; 2/98 Mentally disordered person 9 If a person is mentally disordered or incapable of managing his or her own affairs, whether or not so found, an application may be made by the person's legal representative or committee, or by a relative or friend. MATTERS ELIGIBLE FOR CERTIFICATE When legal aid must be provided 10(1) An area director shall provide legal aid to a person who is eligible in respect of a proceeding or proposed proceeding, or a proceeding reasonably anticipated by the person (a) in which the person is charged, or in the opinion of the area director there are reasonable grounds to believe will be charged, with (i) an indictable offence, or (ii) an offence under the Extradition Act (Canada) or the Fugitive Offenders Act (Canada); or (b) in which the Crown applies for preventive detention under the dangerous offender provision of the Criminal Code (Canada). 10(2) An area director shall provide legal aid to a person who is eligible in respect of an appeal by the Crown in any matter referred to in subsection (1). M.R. 2/98 When legal aid may be provided 11(1) An area director may provide legal aid to a person who is eligible in respect of (a) a proceeding under the Youth Criminal Justice Act (Canada); (b) in any civil proceeding, including a proceeding before a quasi-judicial or administrative board or commission; (c) bankruptcy proceedings subsequent to a receiving order or an authorized assignment; (d) the preparation of documents or the negotiation of a settlement where the subject matter or nature of the matter is properly or customarily within the scope of the professional duties of a solicitor; (e) a proceeding by way of certiorari, mandamus, prohibition or habeas corpus; or (f) a matter or proceeding within the province concerning a person who is not a resident in the province. 11(2) An area director may provide legal aid to a person who is eligible in respect of the following matters if on conviction, or on an order being made, there is a likelihood of imprisonment or loss of the means of earning a livelihood or if special circumstances exist that warrant furnishing legal aid: (a) a summary conviction proceeding under an Act of the Parliament of Canada or of the Legislature of a province of Canada; or (b) an infraction of a by-law of a municipality in Manitoba. 11(3) An area director may provide legal aid to a person who is eligible in respect of the following appeals: (a) an appeal to a judge sitting in court or chambers; (b) an appeal to a board of revision from a municipal assessment of property that is the residence of the person; (c) an appeal from the decision of the board of revision; (d) an appeal to a quasi-judicial or administrative board or commission. 11(4) If in the opinion of the executive director an appeal or application has merit or if the court appealed to or to which the application is made requests appointment of counsel on behalf of the appellant, the executive director may provide legal aid to a person who is eligible in respect of an application for leave to appeal or an appeal of a matter referred to in subsection (1), (2) or (3) or 10(1) to The Court of Appeal, the Federal Court of Canada or the Supreme Court of Canada. 11(5) The executive director or the council, may provide legal aid to a group that is eligible in respect of (a) a proceeding or a proposed proceeding or a proceeding reasonably anticipated by the group before a court or tribunal; or (b) advice or assistance required by the group. M.R. 2/98; 117/2005 Documents concerning appeal to be submitted 12 With an application made under subsection 11(4), the applicant shall submit to the executive director the following, if available: (a) the opinion of the applicant's solicitor as to the advisability of an appeal or an application for leave to appeal; (b) a copy of the order or judgment from which the appeal is to be taken; (c) a copy of the reasons for the order or judgment from which the appeal is to be taken; (d) such other information as the executive director considers advisable or necessary. Summary conviction offences 13 For the purposes of sections 10 and 11, an offence that may be tried on indictment or summary conviction is deemed to be a summary conviction offence until the Crown elects to proceed by way of indictment. FINANCIAL ELIGIBILITY Determining financial eligibility 14(1) In determining financial eligibility for legal aid an area director shall consider and may investigate the financial resources and indebtedness of an applicant and of persons dependent on or contributing to the support of the applicant or, if the applicant is a group, the members of the group. 14(2) An area director may reject an application on the ground of financial ineligibility. Certain legal aid subject to agreement to pay 15(1) An area director who determines that an applicant is eligible and is able to pay all or part of the cost of providing the legal aid applied for may provide it to the applicant but only if it is made subject to an agreement to pay a charge in an amount and in a manner determined by the area director. 15(2) The applicant shall sign and return the agreement to pay within 30 days of the day it was sent to the applicant. M.R. 2/98 REJECTION OF APPLICATION Reasons for rejection of application 16(1) An application shall be rejected where an area director determines that (a) the applicant requires legal services in a representative, fiduciary or official capacity and in this capacity the applicant has sufficient funds or property from which to pay for legal services; (b) the applicant is entitled to financial or other aid, and has a reasonable expectation of receiving the aid; (c) the matter for which application is made is frivolous, vexatious, an abuse of the process of the court, or an abuse of the Act and the regulations; (d) the services are available to the applicant without legal aid; (e) the applicant fails to sign and return an agreement to pay as required in section 15; (f) the applicant fails to honour the terms and conditions imposed on a certificate; (g) the applicant has previously failed, without reasonable justification, to meet an obligation to Legal Aid Manitoba with respect to legal aid; (h) it is unlikely that the applicant will succeed in the matter for which the application is made; (i) the cost of the proceeding does not justify the possible benefit to the applicant; or (j) no sufficient reason to issue the certificate is shown. 16(2) If an application is rejected, the area director shall advise the applicant in writing of the rejection and of the right to appeal the rejection to the executive director. M.R. 117/2005 ; 91/2008 ; 284/2014 PROVISION OF LEGAL AID Provision of legal aid to eligible person 17 An area director may, where he or she determines that an applicant is eligible, provide legal aid by referring the applicant to duty counsel or by issuing a certificate, either of which may be made subject to such terms and conditions as the area director considers necessary or advisable. M.R. 105/94; 2/98 Amending a certificate 18 A certificate may be amended by an area director. Immediate provision of legal aid 19 Despite the other provisions of this regulation, if the circumstances of an applicant require that legal aid be provided without delay, the area director may provide it, subject to such terms and conditions as the area director considers necessary or advisable, before determining whether the applicant is eligible. M.R. 2/98 Retroactive certificate 20 An applicant who is eligible for legal aid may be issued a certificate that is retroactive in effect to a date fixed by an area director. Certificate delivered to solicitor 21(1) An area director shall deliver a copy of the certificate to the panel solicitor of the client's choice or the panel solicitor appointed by the area director or the council. 21(2) A solicitor who receives a certificate shall complete and sign the solicitor's acknowledgement and undertaking and send the acknowledgement and undertaking to Legal Aid Manitoba in the manner directed on the face of the certificate. 21(3) A solicitor who receives a certificate and declines to act shall return the certificate immediately to the area director or executive director. 21(4) If a solicitor declines to act the area director shall immediately notify the client. M.R. 2/98; 117/2005 ; 284/2014 22 [Repealed] M.R. 2/98 Change of solicitor 23 If a solicitor ceases to act for a client, or a client desires a change of solicitor (a) the solicitor and the client shall notify the executive director or the area director; and (b) the client may apply for a new or amended certificate and the area director may issue a new or amended certificate and deliver it to another solicitor. Expiration of certificate 24 A certificate that is not acknowledged by a solicitor as required under subsection 21(2) expires seven days from the date of its issue unless the period is extended by an area director. M.R. 128/2016 ; 47/2019 CHANGE OF CIRCUMSTANCES Change of circumstances to be reported 25(1) A solicitor shall immediately report to the executive director or an area director any change of circumstances or additional information that indicates the client is not, or was not at any time since the application was submitted, eligible for legal aid. 25(2) A client shall immediately report to the executive director or an area director a change of circumstances that affects the client's eligibility for legal aid. 25(3) If a client fails to report a change of circumstances that makes that client ineligible for legal aid, Legal Aid Manitoba may recover from the client any expenditure incurred by Legal Aid Manitoba in providing legal aid while the client was ineligible. M.R. 117/2005 Adding agreement to pay to certificate 26 If after a certificate is issued a client is able to pay all or a portion of the expenditure incurred or to be incurred by Legal Aid Manitoba in providing legal aid an area director may amend the certificate to (a) require the client to sign an agreement to pay for an amount set by the area director; or (b) increase the amount set out in an agreement to pay required under subsection 15(1). M.R. 117/2005 CANCELLATION OF CERTIFICATE Certificate may be cancelled 27 An area director may cancel a certificate if (a) the certificate is with respect to a matter for which an application might have been rejected under clauses 16(1)⁠(a) to (h); (b) the client makes a false statement or conceals information in an application or with respect to a matter; or (c) the client no longer has reasonable grounds for continuing the proceedings authorized by the certificate. Notice of cancellation 28 When a certificate is cancelled, an area director shall without delay (a) give written notice of the cancellation to the client and the solicitor stating the reasons for the cancellation; and (b) advise the client of the right to appeal the cancellation. Legal Aid Manitoba may recover from client 29 If a certificate is cancelled under clause 27(b), Legal Aid Manitoba may recover from the client any amount it has paid, or is obligated to pay, on behalf of the client. M.R. 117/2005 DISCHARGE OF CERTIFICATE Discharging certificate 30 A certificate is discharged when (a) the client requests the executive director or area director to discharge it or the legal aid is completed; (b) unless the executive director otherwise directs, the solicitor has assessed any costs awarded to the client, and has made reasonable effort to collect the amount of any award and assessed costs; (c) in a matter in which the client is entitled to recover money under a judgment, order or settlement, the solicitor has in writing notified the person from whom the money is recoverable and the person's solicitor, if any, that (i) the costs payable to the client are the property of Legal Aid Manitoba, and (ii) Legal Aid Manitoba has a charge under section 35, and until that charge is released, no money shall be paid on account of the judgment, order, or settlement; (d) the solicitor has been paid all fees and disbursements outstanding; or (e) six years expire from the date on which the certificate is issued, or on December 31, 1999, whichever is the later, unless the time is extended by the area director. M.R. 105/94; 2/98; 117/2005 PART 3 REIMBURSEMENT TO LEGAL AID MANITOBA Agreement on costs 31 A solicitor acting in a matter may with the prior approval of an area director agree to (a) waive the right to costs; (b) accept a lesser fixed sum for costs; or (c) consent to an assessment of costs. Notice to executive director of settlement 32 A solicitor who effects a settlement on behalf of the client that entitles the client to recover money or other property shall without delay inform the executive director of the terms of the settlement. Costs recoverable by Legal Aid Manitoba 33 Costs payable to a client are recoverable by Legal Aid Manitoba by filing with the appropriate court an affidavit of the executive director stating that the client received legal aid and that the costs have not been paid, and on filing the affidavit all remedies available to the client shall be available to Legal Aid Manitoba for the recovery of the costs outstanding. M.R. 117/2005 Costs paid to client 34 If a client recovers or is entitled to costs under a judgment, order, settlement or otherwise, the executive director may determine if any of the costs relate to legal services furnished before the certificate was issued and pay that amount to the client and the balance to Legal Aid Manitoba. M.R. 117/2005 Legal aid expenditure is a charge 35 If a client recovers money under a judgment, order, settlement, or otherwise, the expenditure incurred by Legal Aid Manitoba under the Act and regulations is a charge against the amount recovered, and shall be deducted from the amount recovered and paid into the fund of Legal Aid Manitoba, and if the expenditure is not deducted and paid to Legal Aid Manitoba, it is a debt due to Legal Aid Manitoba, and may be recovered by Legal Aid Manitoba from the client in a court of competent jurisdiction. M.R. 117/2005 Reimbursement by client 36 If a client recovers money or other property under a judgment, order, settlement or otherwise, and does not reimburse Legal Aid Manitoba for the expenditure incurred for legal aid furnished in accordance with the regulations, the solicitor shall (a) before paying to the client or to his or her order any money recovered, reimburse Legal Aid Manitoba from the money recovered the amount of the expenditure incurred by Legal Aid Manitoba; or (b) before delivering to the client or to his or her order any property, other than money, recovered or the title papers related thereto, (i) obtain from the client an executed instrument that secures a charge on the property in favour of Legal Aid Manitoba for the expenditure incurred by Legal Aid Manitoba, and (ii) register the instrument in the proper land titles office, and advise the executive director of the registration. M.R. 117/2005 37 [Repealed] M.R. 105/94; 160/94; 2/98 PART 4 SOLICITORS' REMUNERATION Remuneration limited to tariff 38 No solicitor providing legal aid, whether under a certificate or as duty counsel, shall invite or accept any fee, gratuity or other compensation, with respect to legal aid other than the fees and disbursements provided for in the Act and the tariff of fees established by the council. M.R. 85/2021 Solicitor's lien not available 39 No solicitor has a lien for fees, charges or expenses on the property or papers in the solicitor's possession belonging to a client unless the solicitor furnishes services to a client before a certificate issues and the client is not eligible for legal aid with respect to those services. Payment according to tariff 40(1) A solicitor who provides legal aid shall be paid the fees and disbursements determined by the executive director according to the tariff of fees established by the council. 40(2) If a solicitor represents two or more clients in the same matter, and has separate certificates for them, the solicitor must advise the executive director of the names of the clients and the solicitor is entitled to fees for only one client, but the executive director may allow additional fees for separate services rendered to each additional client. 40(3) If two or more certificates are issued for the same client and the matters covered by the certificates are dealt with together, the solicitor must advise the executive director that the matters have been dealt with together and the solicitor is entitled to fees for only one matter, but the executive director may allow additional fees for separate services furnished for each matter. 40(4) If a certificate is amended to add a matter and the matters are dealt with together, the solicitor is entitled to fees for only one matter, but the executive director may allow additional fees for separate services furnished for each matter. 40(5) A solicitor must not bill for more than two half days in a day in respect of the same client. M.R. 85/2021 Contents of account 41 A solicitor who completes the furnishing of legal aid under a certificate or who ceases to act, shall submit without delay to the executive director (a) an account setting out the services furnished, the date on which each item of service was performed and, where appropriate, the time spent in providing the service, together with the fees and disbursements sought for each service in accordance with the tariff of fees established by the council, and a certificate signed by the solicitor in the following form: "I certify that the legal aid authorized by the certificate was rendered by me, or by such other named person, and that the disbursements set out herein were paid or liability therefor incurred, and were necessary and proper, and that I have not received reimbursement for any of them." ; (b) the account of any agent or counsel engaged, prepared and certified in accordance with clause (a); (c) a final report with respect to the matter; (d) if the solicitor was retained by the client to furnish legal services with respect to the same matter before the certificate was issued (i) a statement of the services furnished by the solicitor before the certificate was issued, (ii) a statement of disbursements made by the solicitor before the certificate was issued, and (iii) a statement of any payment made by the client to the solicitor for fees and disbursements; and (e) any other information required by the executive director. M.R. 85/2021 Reimbursement for interim disbursements 42(1) A solicitor who acts under a certificate and incurs substantial disbursements may apply to the executive director for reimbursement for the disbursements before submitting an account under section 41. 42(2) An application under subsection 42(1) shall be accompanied by the following certificate signed by the solicitor: "I certify that the interim disbursements itemized were paid by me, or by (name of person), and were necessary and proper, and that I have not received reimbursement for any of them." Settlement of accounts 43(1) The executive director shall examine and may approve payment of an account submitted under section 41 or subsection 42(1). 43(2) The executive director may direct an inquiry for the purpose of settling and approving an account. 43(3) The executive director may set off any amount owing by a solicitor to Legal Aid Manitoba against any amount owing to the solicitor under this regulation. M.R. 105/94; 117/2005 Disallowance of fees 44 The executive director may disallow in whole or in part any fee in respect of (a) a proceeding unreasonably taken or prolonged, not calculated to advance the interests of the client, or necessitated by the solicitor's negligence; (b) the preparation of a document that is improper, unnecessary, or of unreasonable length; (c) preparation that is unreasonable in nature, scope or time expended; (d) the solicitor's failure to comply with Part 3 (reimbursement to Legal Aid Manitoba); or (e) a matter from which the solicitor was required to withdraw because of a conflict of interest that the executive director is satisfied was reasonably foreseeable by the solicitor before he or she furnished the service for which the fee is claimed. M.R. 105/94; 2/98; 117/2005 Review of account 45(1) A solicitor who is dissatisfied with the payment of an account after taxation may apply in writing to the committee for a review of the account. 45(2) The solicitor shall apply for a review within 30 days after receiving payment of the account and the application shall set out the items to which objection is taken and the grounds of each objection. 45(3) The committee shall review the account and amend or confirm it and issue the decision to the executive director who shall amend or confirm the payment made and inform the solicitor. 45(4) A decision of the committee respecting the review of an account is final. M.R. 117/2005 PART 5 DUTY COUNSEL Duty counsel and associate not to represent certain clients 46 A solicitor who represents or advises a person on a matter as duty counsel, and any solicitor who practises in association, or shares space or facilities, with the solicitor shall not be issued and shall not accept a certificate to represent the person in the matter unless the solicitor who wishes to represent the person obtains the approval of the executive director or area director. M.R. 105/94 Duty counsel not to recommend 47 No duty counsel carrying out duties under the Act or regulations shall suggest or recommend to an applicant a member of the legal profession as being suitable to act for that applicant in a matter or proceeding. Duty counsel report 48 Duty counsel shall prepare and submit to the area director a report on each person assisted. Duty counsel account 49 A solicitor, after performing the duties of duty counsel, shall submit to the executive director an account of the times and places at which the solicitor was engaged as duty counsel and any claim for travelling expenses, and the executive director, after settling and approving the account, shall authorize payment of it out of the fund of Legal Aid Manitoba. M.R. 117/2005 PART 6 APPEAL COMMITTEE Definition of "committee" 50(1) In this part and in section 45, "committee" means the Appeal Committee established under subsection (2). 50(2) The committee consists of no more than three persons selected by the council from among the councillors. At least one person must be a solicitor. 50(3) An appeal may be heard and determined by the full committee or by one member in accordance with this Part. 50(4) The decision of a majority of the members of the committee is a decision of the committee. If an appeal is heard by one committee member, that member's decision is a decision of the committee. 50(5) If an appeal by a solicitor under subsection 18(2) of the Act or section 45 of this regulation is heard by one committee member, that member must be a solicitor. M.R. 117/2005 Committee appeals 51(1) For the purposes of subclause 18(4)⁠(a)⁠(ii) of the Act, the committee must hear appeals from the following decisions: (a) refusal to grant legal aid; (b) cancellation of legal aid coverage except where the area director has cancelled it for failure to honour the terms and conditions on which it was granted. 51(2) An applicant must appeal a decision under subsection 18(4) of the Act in writing not later than 30 days after the date of the decision being appealed. 51(3) The applicant must serve a notice of appeal by mailing, faxing or delivering it within the time period stated in subsection (2) to (a) the committee, if the appeal is under clause 18(4)⁠(a) of the Act; or (b) the executive director, if the appeal is under clause 18(4)⁠(b) of the Act. 51(4) The applicant must include his or her current address for service on the notice of appeal and provide such other information as the committee or the executive director may require. 51(5) An appeal under this part shall be conducted on an informal basis, and the committee is not bound by the rules of law respecting evidence applicable to judicial proceedings. 51(6) For the purpose of determining an appeal, the committee or executive director may make any inquiries that they consider necessary. 51(7) After hearing an appeal, the executive director must promptly notify the appellant and the area director of his or her determination. 51(8) After hearing an appeal, the committee must promptly notify the appellant, the executive director and the council of its determination in writing. M.R. 117/2005 PART 7 REDUCTION OF FEES Executive director's report 52 The executive director shall report monthly and annually to the council such statistical and financial information as may be requested by the council. M.R. 117/2005 Percentage reduction of fees 53(1) The council may order that fees payable under the tariff of fees established by the council be reduced by a percentage determined by the council, and the council shall without delay give notice in writing of the reduction to the panel members. 53(2) A reduction made under subsection (1) shall not be retroactive, and shall not take effect until 10 days after the date of the mailing of the notice of the reduction to the panel members. 53(3) If after receiving the annual report of the executive director under section 52 and paying all outstanding accounts, the council determines that there is a surplus in the fund of Legal Aid Manitoba, the council shall distribute the surplus firstly against any accumulated deficit of Legal Aid Manitoba and, secondly, proportionally to those panel members who furnished legal aid at a reduced fee. 53(4) No part of any balance remaining due to a panel member on account of payments made at a reduced fee is chargeable to Legal Aid Manitoba in an ensuing fiscal year. M.R. 117/2005 ; 85/2021 PART 8 STUDENT LEGAL AID CENTRE Student law centre 54 The council may assist in directing, supervising and financing a student legal aid centre. M.R. 105/94; 117/2005 Responsibility of centre 55 The executive director may (a) request that the student legal aid centre assist duty counsel, a community legal aid centre, or a solicitor employed by Legal Aid Manitoba; and (b) refer to the student legal aid centre an applicant who is refused a cerficate for reasons other than financial ineligibility. M.R. 117/2005 Law students 56(1) A student who successfully completes one year in the Faculty of Law may (a) work at the student legal aid centre under the supervision of a member of the Faculty of Law or a solicitor; and (b) represent and appear on behalf of an applicant who requests assistance from the student legal aid centre, with the consent of the applicant. 56(2) No law student providing legal aid shall receive or accept, directly or indirectly, any fee, gratuity, or other compensation with respect to legal aid except wages the law student may receive as an employee of Legal Aid Manitoba or the student legal aid centre. M.R. 117/2005 PART 9 COMMUNITY LAW CENTRE Community law centre may be established 57 The council may, in places designated by it, establish a community law centre, with the name including such descriptive words as the council considers appropriate. M.R. 117/2005 58 and 59 [Repealed] M.R. 2/98 PART 10 GENERAL Extension of time 60 The executive director or the council may extend the time for doing any act or taking any proceeding whether the request for an extension is made before or after the expiration of the time prescribed. M.R. 117/2005 Solicitor to provide information 61 A solicitor who furnishes or undertakes to furnish legal aid in a matter shall provide any information, including the solicitor's file or a copy of the file, required by the executive director to administer the Act or a regulation under the Act in respect of the matter. M.R. 105/94 Solicitor and client relationship 62 The customary solicitor and client relationship shall exist between a solicitor and a client. Repeal 63 Manitoba Regulation 346/87, as amended is repealed. SCHEDULE [Repealed] M.R. 59/92; 106/92; 64/93; 34/94; 2/98; 113/99; 103/2000 ; 122/2003 ; 117/2005 ; 167/2005 ; 91/2008 ; 284/2014 ; 52/2016 ; 85/2021
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Legal Aid Regulation
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.