O. Reg. 151/10: GENERAL


Published: 2010-04-29

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ontario regulation 151/10

made under the

Legal Aid Services Act, 1998

Made: April 28, 2010
Filed: April 29, 2010
Published on e-Laws: May 3, 2010
Printed in The Ontario Gazette: May 15, 2010


Amending O. Reg. 107/99

(General)

1. Paragraph 8 of subsection 3 (2) of Ontario Regulation 107/99 is amended by striking out “who is paid $800” in the portion before subparagraph i and substituting “who is paid”.

2. (1) Note B of Schedule 1 to the Regulation is amended by striking out “Note C” and substituting “Notes C and O”.

(2) Note L of Schedule 1 to the Regulation is revoked.

(3) Note N of Schedule 1 to the Regulation is amended by striking out “Subject to Notes B and L” at the beginning and substituting “Subject to Note B”.

(4) Note N of Schedule 1 to the Regulation is amended by striking out “and” at the end of clause (c) and by revoking clause (d) and substituting the following:

(d) in the case of services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010, $77.56;

(e) in the case of services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010, $81.44;

(f) in the case of services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011, $85.51;

(g) in the case of services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012, $89.79;

(h) in the case of services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013, $94.27;

(i) in the case of services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014, $98.99;

(j) in the case of services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015, $103.94; and

(k) in the case of services performed under a certificate issued on or after April 1, 2015, $109.13.

(5) Schedule 1 to the Regulation is amended by adding the following Notes:

O. Despite Note N, in the case of a proceeding for which a budget is set under section 5, the president of the Corporation or an employee or officer of the Corporation designated by the president, having regard to the complexity and duration of the proceeding and the demonstrated skill and expertise of the lawyer providing services under the certificate, may decide that the following enhanced hourly rate is payable for all services provided under the certificate for the proceeding:

1. In the case of services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010, $120.02.

2. In the case of services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011, $124.82.

3. In the case of services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012, $129.81.

4. In the case of services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013, $135.00.

5. In the case of services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014, $141.75.

6. In the case of services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015, $148.84.

7. In the case of services performed under a certificate issued on or after April 1, 2015, $161.05.

P. For the purposes of Note O, factors relating to the complexity and duration of the proceeding include:

1. The length and nature of the police investigation that led to the proceeding.

2. The complexity of the Crown’s case.

3. Whether personal characteristics of the client make the proceeding particularly challenging.

4. Whether the proceeding involves novel, unusual or otherwise challenging issues.

5. Whether the proceeding involves multiple charges involving different facts or multiple accuseds.

6. Any other relevant factor that would warrant payment of the enhanced hourly rate.

(6) Item 14.1 of Part V of the Table to Schedule 1 to the Regulation is amended by adding “other than the fees set out in Note O of this Schedule” after “Fees set out in this Schedule”.

(7) Item 14.2 of Part V of the Table to Schedule 1 to the Regulation is amended by adding “other than the fees set out in Note O of this Schedule” after “Fees set out in this Schedule”.

(8) Clause (b) of Item 17.3 of Part V of the Table to Schedule 1 to the Regulation is revoked and the following substituted:

 


 


(b) $840, in the case of services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010;




 


(c) $882, in the case of services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010, except where clause (d) applies;




 


(d) $1,039.75, in the case of services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;




 


(e) $926.10, in the case of services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011, except where clause (f) applies;




 


(f) $1,081.34, in the case of services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;




 


(g) $972.41, in the case of services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012, except where clause (h) applies;




 


(h) $1,124.60, in the case of services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;




 


  (i) $1,021.03, in the case of services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013, except where clause (j) applies;




 


  (j) $1,169.58, in the case of services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;




 


(k) $1,072.08, in the case of services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014, except where clause (l) applies;




 


  (l) $1,228.06, in the case of services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;




 


(m)  $1,125.68, in the case of services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015, except where clause (n) applies;




 


(n) $1,289.46, in the case of services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;




 


(o) $1,181.96, in the case of services performed under a certificate issued on or after April 1, 2015, except where clause (p) applies;




 


(p) $1,395.20, in the case of services performed under a certificate issued on or after April 1, 2015 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply.




3. (1) Note J of Schedule 2 to the Regulation is revoked.

(2) Item 1.1 of Part I of the Table to Schedule 2 to the Regulation is revoked and the following substituted:

 


1.1


For all matters in the Supreme Court of Canada, Ontario Court of Appeal, Superior Court of Justice, Federal Court of Canada, Ontario Court of Justice or a surrogate court or quasi-judicial or administrative boards or commissions and for other matters referred to in Part II of the Table


(a) $67 for services performed under a certificate issued before August 1, 2002;




 


 


(b) $70.35 for services performed under a certificate issued on or after August 1, 2002 and before April 1, 2003;




 


 


(c) $73.87 for services performed under a certificate issued on or after April 1, 2003 and before April 1, 2007;




 


 


(d) $77.56 for services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010;




 


 


(e) $81.44 for services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010;




 


 


(f) $85.51 for services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011;




 


 


(g) $89.79 for services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012;




 


 


(h) $94.27 for services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013;




 


 


(i)  $98.99 for services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014;




 


 


  (j) $103.94 for services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015;




 


 


(k) $109.13 for services performed under a certificate issued on or after April 1, 2015.




(3) Clause (b) of Item 26.3 of Part IV of the Table to Schedule 2 to the Regulation is revoked and the following substituted:

 


 


(b) $840, in the case of services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010;




 


(c) $882, in the case of services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010;




 


(d) $926.10, in the case of services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011;




 


(e) $972.41, in the case of services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012;




 


(f) $1,021.03, in the case of services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013;




 


(g) $1,072.08, in the case of services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014;




 


(h) $1,125.68, in the case of services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015;




 


  (i) $1,181.96, in the case of services performed under a certificate issued on or after April 1, 2015.




4. Items 1 and 2 of the Table to Schedule 3 to the Regulation are revoked and the following substituted:

 


1.


Fees for law clerks and investigators in the employ of the lawyer, per hour


(a) $23 for services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010;




 


 


(b) $24.15 for services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010;




 


 


(c) $25.36 for services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011;




 


 


(d) $26.63 for services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012;




 


 


(e) $27.96 for services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013;




 


 


(f) $29.35 for services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014;




 


 


(g) $30.82 for services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015;




 


 


(h) $32.36 for services performed under a certificate issued on or after April 1, 2015.




2.


Fees for articled students in the employ of the lawyer, per hour


(a) $46 for services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010;




 


 


(b) $48.30 for services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010;




 


 


(c) $50.72 for services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011;




 


 


(d) $53.25 for services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012;




 


 


(e) $55.91 for services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013;




 


 


(f) $58.71 for services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014;




 


 


(g) $61.64 for services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015;




 


 


(h) $64.73 for services performed under a certificate issued on or after April 1, 2015.




5. (1) Item 1 of the Table to Schedule 4 to the Regulation is revoked and the following substituted:

 


1.


Subject to item 2, performance of duties as duty counsel under section 24 of Ontario Regulation 106/99, (Administration of System for Providing Legal Aid Services) made under the Act to a maximum of five hours


(a) $57 for services performed before August 1, 2002;




 


 


(b) $70.35 for services performed on or after August 1, 2002 and before April 1, 2003;




 


 


(c) $73.87 for services performed on or after April 1, 2003 and before April 1, 2007;




 


 


(d) $77.56 for services performed on or after April 1, 2007 and before February 1, 2010;




 


 


(e) $81.44 for services performed on or after February 1, 2010 and before April 1, 2010;




 


 


(f) $85.51 for services performed on or after April 1, 2010 and before April 1, 2011;




 


 


(g) $89.79 for services performed on or after April 1, 2011 and before April 1, 2012;




 


 


(h) $94.27 for services performed on or after April 1, 2012 and before April 1, 2013;




 


 


  (i) $98.99 for services performed on or after April 1, 2013 and before April 1, 2014;




 


 


  (j) $103.94 for services performed on or after April 1, 2014 and before April 1, 2015;




 


 


(k) $109.13 for services performed on or after April 1, 2015.




(2) Paragraph 2 of Note D.1 of Schedule 4 to the Regulation is revoked and the following substituted:

2. In the case of services performed on or after April 1, 2007 and before February 1, 2010, $840.

3. In the case of services performed on or after February 1, 2010 and before April 1, 2010, $882.

4. In the case of services performed on or after April 1, 2010 and before April 1, 2011, $926.10.

5. In the case of services performed on or after April 1, 2011 and before April 1, 2012, $972.41.

6. In the case of services performed on or after April 1, 2012 and before April 1, 2013, $1,021.03.

7. In the case of services performed on or after April 1, 2013 and before April 1, 2014, $1,072.08.

8. In the case of services performed on or after April 1, 2014 and before April 1, 2015, $1,125.68.

9. In the case of services performed on or after April 1, 2015, $1,181.96.

6. This Regulation comes into force on the day it is filed.

 

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