To have access to legal aid, your personal situation must meet the requirements set out under the Legal Aid Act and the Legal Aid Regulation.
A person who receives benefits under a last-resort financial assistance program provided for in the Individual and Family Assistance Act, or who is a member of a family receiving such benefits (social assistance benefits)m is automatically eligible to gratuitous legal aid.
Gratuitous legal aid effective May 31, 2018
To have access to gratuitous legal aid, the applicant’s and his family’s financial situation must not exceed any of the following scales:
Contributory legal aid
When the applicant’s financial situation exceeds one of the scales set forth for gratuitous legal aid, he can nonetheless be eligible for legal aid upon payment of a contribution. The contribution is calculated in increments of $100, up to a maximum of $800, in accordance with a scale. It must be paid within 15 days following the date of issuance of the eligibility certificate, but it can also be paid in instalments spread over a maximum period of 6 months.
To know which of the gratuitous legal aid levels would apply to the applicant, we must first determine which class he corresponds to (e.g. single person, spouses with one child, etc.).
Are added to the amount laid down for the level the applicant corresponds to, the amounts equivalent to:
- 100% of excess income;
- 10% of excess assets; and
- 100% of excess liquidities.
The resulting total amount is the deemed income used to determine if the applicant is eligible for contributory legal aid.
Eligibility scale for remote regions
Applicants who have resided for a minimum of six consecutive months in the localities of Mistissini, Oujé-Bougoumou, Waswanipi, or in any locality situated in any part of the territory of Quebec extending north of the 51st degree of latitude (James Bay, Hudson Bay, and Ungava Bay communities) upon submitting their application for legal aid, are considered residents of a remote region.