This provision defines key terms and tells how unfinished legal aid matters are to be carried over between the former Act and the new Act.
Interpretation 1. (1) In this Regulation, “effective date” means the date on which section 50 of Schedule 15 to the Smarter and Stronger Justice Act, 2020 comes into force; (“date d’effet”) “former Act” means the Legal Aid Services Act, 1998, as it read immediately before its repeal; (“loi antérieure”) “new Act” means the Legal Aid Services Act, 2020; (“nouvelle loi”) “Ontario Regulation 106/99” means Ontario Regulation 106/99 (Administration of System for Providing Legal Aid Services) made under the former Act, as it read immediately before its revocation. (“Règlement de l’Ontario 106/99”) (2) For greater certainty, (a) a reference in this Regulation to the continuation of a matter under the former Act includes reference to the regulations made under the former Act, as they read immediately before their revocation; and (b) a reference in this Regulation to the continuation of a matter under the new Act includes reference to the rules and regulations made under the new Act. Certificates 2. (1) Subject to subsection (2), an application for a certificate made under the former Act but not determined before the effective date shall be continued under the former Act. (2) In the case of an application to which subsection 28 (1) of the former Act applied, the application shall be continued under the new Act if, before the effective date, the application had not yet been scheduled for consideration by the area committee. (3) A proposed cancellation of a certificate commenced under the former Act but not completed before the effective date shall be continued under the former Act. (4) An appeal under subsection 30 (1) or (2) of the former Act of a refusal to issue a certificate or of the cancellation of a certificate that was commenced but not determined before the effective date shall be continued, (a) under the new Act if, before the effective date, a hearing of the appeal had not yet been scheduled; or (b) under the former Act if, before the effective date, a hearing of the appeal had been scheduled. (5) If an application for a certificate to which subsection (1) applies is refused, or a certificate to which subsection (3) applies is cancelled, any review of the decision to refuse the application or cancel the certificate shall be commenced and continued under the new Act. (6) A certificate issued under the former Act is deemed to have been issued under the new Act if, (a) the certificate was valid immediately before the effective date; or (b) the certificate is issued under the former Act on or after the effective date by operation of this section. (7) An agreement entered into under section 40 of the former Act is deemed to have been entered into under the new Act if, (a) the agreement was in effect immediately before the effective date; or (b) the agreement comes into effect under the former Act on or after the effective date by operation of this section. Panel lawyers 3. (1) The following matters respecting the entering or removing of lawyers’ names on a panel for the purposes of section 20 or 23 of the former Act shall be continued under the former Act: 1. An application to be entered onto a panel that was made but not determined before the effective date. 2. A review under subsection 28 (5) of Ontario Regulation 106/99 that was commenced but not determined before the effective date. 3. A hearing under section 29, 31 or 32 of Ontario Regulation 106/99 that was commenced but not decided before the effective date. 4. An application under section 34 of Ontario Regulation 106/99 that was made but not determined before the effective date. (2) Following the conclusion of a hearing under section 29, 31 or 32 of Ontario Regulation 106/99 that is continued under the former Act by paragraph 3 of subsection (1), any further steps in the matter shall be continued under the new Act. (3) A lawyer whose name was entered onto a panel under the former Act is deemed to be a roster member under the new Act, and authorized to provide legal aid services in the areas of law and areas of Ontario in respect of which the lawyer’s name was entered onto the panel, if, (a) the lawyer was on the panel immediately before the effective date; or (b) the lawyer’s name is entered onto or restored to a panel under the former Act on or after the effective date by operation of subsection (1). (4) If, before the effective date, a lawyer was obliged under subsection 30 (2) or 33 (3) of Ontario Regulation 106/99 to complete work under a certificate that is not completed before that date, the obligation continues to apply and the work shall be continued under the new Act. Appeals in respect of accounts 4. An appeal of an account under section 47 of Ontario Regulation 106/99 that was commenced but not determined before the effective date shall be continued under the former Act. 5. Omitted (provides for coming into force of provisions of this Regulation).