# Quebec legal aid (A-14) — eligibility, coverage, and how to apply

From the official text of the *Act respecting legal aid and the provision of certain other legal services*, CQLR c. **A-14** (LégisQuébec, à jour 1 April 2026). Retrieved 2026-07.

Legal aid delivers **actual legal services** — a lawyer or notary — not a reimbursement. **s. 3.1**: its object is "to afford persons who are eligible for legal aid the benefit of legal services." **"Court" includes "any body having a judicial or quasi judicial jurisdiction"** (s. 3) — so **administrative tribunals count** (the TAL, the Human Rights Tribunal).

## Two independent tests — you must pass both

**s. 4** — legal aid "shall be granted to a person who is **financially eligible** … for the **legal services described** in subdivision 2." Money **and** subject matter.

## Test 1 — financial eligibility

| Tier | Rule |
|---|---|
| **Gratuitous (free)** — **s. 4.1** | Income, **liquidities and other assets** (and the family's, per regulation) below the regulated level. **Automatic**: anyone receiving a benefit under a **last-resort financial assistance program** (Individual and Family Assistance Act, A-13.1.1) — **or any member of their family** — is *deemed* financially eligible for free legal aid. No calculation. |
| **Contributory** ("volet contributif") — **s. 4.2** | Not eligible for free aid, but **income** below the regulated level → same services **on payment of a contribution**. |
| **Exceptional** — **s. 4.3** | The Commission's administrative committee may declare an ineligible person eligible for **contributory** aid where "**exceptional circumstances**" apply and refusal "**would cause the person irreparable harm**." **Not subject to review.** |

Note the asymmetry: the **free** tier tests income **+ liquidities + assets**; the **contributory** tier tests **income** only.

**Minors — outside the means test entirely. s. 4.0.1:** "Legal aid shall be granted **free of charge to every minor child, regardless of the child's financial eligibility** and for **all the services** offered."

**Family means count** — "spouses" (s. 1.1) covers married/civil union, cohabiting with a common child, or de facto union after **one year**; "family" at s. 1.2.

> ⚠️ **No dollar figures here.** A-14 contains **no eligibility thresholds and no indexation clause** — everything is delegated to regulation (**s. 80(a.4)–(a.6)**). The only dollar amounts in the Act are **penal fines** (ss. 83.23–83.26). **Look up the current scale** on the Commission's site or in the Regulation respecting legal aid.

## Test 2 — is your matter covered?

**Legal advice — s. 4.3.1:** granted for legal advice generally, "except with regard to services expressly excluded."

**Scope in time — s. 4.4:** covers services **before an action is brought** (incl. private dispute-prevention and resolution processes), at **any stage**, in **first instance or appeal**, and in **execution**.

### Criminal and penal (s. 4.5)

| Matter | Granted? |
|---|---|
| Defence on an **indictable offence** (federal) | **Automatic** |
| Defence of a **young person** (YCJA) | **Automatic** |
| Federal **summary conviction**, or **Code of Penal Procedure** offence | **Conditional** — only if (a) likelihood of **imprisonment or loss of means of earning a livelihood**; (b) it's in the accused's **best interests**; or (c) the **interests of justice** given exceptional circumstances (seriousness, complexity) |
| Imprisonment orders / warrants of committal | Granted |
| **Extradition Act** proceedings | Granted |

**Appeals (s. 4.6):** unconditional where the **prosecutor** appeals; where **you** appeal, only if founded on "**grounds that appear serious**" or leave is granted.

### Non-criminal (s. 4.7)

**Family** cases · **survival of the support obligation** · **absentees, tutorship, protection mandate**, temporary representation of an incapable person · **change of name for a minor** where it "would ensure the physical or mental safety of the minor" · **child abduction** (A-23.01) · **Youth Protection Act** matters · **contesting an administrative decision** under a benefit/compensation program **designated by regulation** · and two residual safety valves:

- **(8)** any case where "**the freedom of the person** … is or is likely to be seriously restricted";
- **(9)** any case where "the matter threatens or will in all likelihood threaten a person's **physical or mental safety, livelihood or ability to provide for his essential needs**" or the family's.

**s. 4.7(1.1)** — an advocate to obtain judgment on an **agreement** in a joint application to review child custody/support. **Available regardless of financial eligibility** (s. 4, ¶2) but not free (s. 5.1).

**s. 4.10** — additionally: an advocate for a minor negotiating **voluntary measures** (Youth Protection Act); for a young person in **alternative measures** (YCJA); assistance at the **administrative review** stage of a designated program; and drawing up a **document** where necessary to preserve rights.

### Excluded

**s. 4.8 — absolute:** the **plaintiff** in **defamation/libel** (defendants are *not* excluded) · **elections, public consultations, referendums** · certain judicial review (arts. 529¶1(4), 532–535 CCP) · plaintiff in **breach of promise of marriage** · plaintiff in **alienation of affections** · **parking** administrative penalties. **s. 4.12** — no aid for **parking** offences.

**s. 4.11 — merits refusal** (non-criminal), judged "from the standpoint of an **ordinary advocate and client relationship**": you can't establish the probable existence of your right · the case "**clearly has very little chance of succeeding**" · costs unreasonable vs the stake (unless livelihood/essential needs are threatened) · judgment probably unenforceable · you refused a **reasonable settlement** without valid cause.

**s. 4.11 ¶2 — subsidiarity. Legal aid is a last resort:** it **shall** be refused or withdrawn where the services "can be obtained otherwise, particularly through **another government service or another body, under an insurance contract or through a union or association**."

**s. 69 — the private-bar diversion:** the director general **shall refuse** where, given the right and the amount at stake, "**any advocate not employed by a centre would agree to act** … and make … an express agreement respecting professional fees" — i.e. a contingency case. If you then fail to collect, aid may be granted retroactively.

**s. 4.13** — the exceptional-circumstances override can rescue a merits refusal, **but cannot override ss. 4.8 or 4.12**.

## What "free" actually covers — and what it doesn't

**s. 5** — a gratuitous recipient is dispensed from: the advocate's/notary's **fees and expenses**; **court costs** ("notwithstanding any Act inconsistent herewith", including those exigible by the Government and registrar's duties); **bailiff and stenographer** fees; and **expert fees** — but only **with the director general's prior authorization**.

⚠️ **s. 8 — losing still costs you:** "A recipient **who fails in the action is not exempt from condemnation to legal costs in favour of the adverse party** or payment of them." Legal aid does **not** shield you from the other side's costs.

**s. 62 ¶4** — a contributory applicant pays a **regulated application fee**. **s. 66 ¶7** — later certificates in the **same matter** don't trigger a further contribution. **Division VI.1** — cost recovery: repayment on demand (s. 73.1), **3-year prescription** (10 years in bad faith, s. 73.2), written demand with reasons and review rights (s. 73.3), instalments (s. 73.4).

## Applying

- **s. 62** — apply in the manner prescribed by regulation.
- **s. 64** — disclose **your** and your **family's** financial situation; establish the underlying facts; supply everything prescribed. The DG "may … request from **any person** any information or document relating to an applicant's financial eligibility… Any person to whom such a request is made **is required to comply**."
- **s. 63** — "the **director general alone** has the authority to make decisions as to the granting of legal aid."
- **s. 65** — study "within the shortest possible time." *(No fixed deadline in the Act.)*
- **s. 66** — a **certificate of eligibility**, valid only for the determined period/dispute/service. **A further application is required for each remedy, including appeal.**
- **s. 67** — in **urgent** cases, a **conditional certificate** for conservatory acts, with retroactive effect once definitive. If no definitive certificate issues, **you pay** for those acts.
- **s. 68** — ongoing duty to report changes affecting eligibility.
- **s. 70** — refusal/withdrawal for failing to supply information, **wilfully false information**, neglecting s. 68, refusing to exercise rights, failing to cooperate with counsel, or **disposing of property below value** to manufacture eligibility. **Non-payment of the contribution** can suspend or withdraw aid. Withdrawal can happen "**at any stage**."
- **s. 73** — refusal/suspension/withdrawal must be **notified in writing with reasons**, and state the **review right and time limit**.

## The right to choose your own lawyer

**s. 51** is the default: the DG "**must** provide … an advocate or a notary **in the employ of** the regional centre."

**s. 52** is the choice:
> "The director general **shall give a mandate to an advocate or notary not in the employ of the centre, when a recipient specially chooses** such advocate or notary **and he agrees to provide his professional services** … in accordance with the regulations. In such case, the advocate or notary must **personally carry out all the essentials** of such mandate."

The right is real but **conditional on the private lawyer agreeing** to the mandate and the **regulated tariff** (s. 6). **No lawyer can be conscripted.** **s. 52.1** lets the Government designate services or fields to be provided **exclusively** by staff or **exclusively** by private-bar lawyers.

## Review of a refusal

**s. 74** — "**within 30 days**" of the DG's decision, apply to the **review committee** (formed under s. 22(k)). Available for refusal, withdrawal, a repayment demand, or to contest the **amount of the contribution**.

- Decided by **three members, at least one an advocate** (a single advocate for a s. 70(1)(a) information-failure refusal).
- The application "**releases the applicant's advocate and the director general from their obligation of professional secrecy** with regard to the review committee."
- **Urgent cases**: the DG **shall** issue a conditional certificate pending review, heard "**by preference**."
- **s. 75** — a **third party**: "Every interested party in a dispute or a case **may contest the financial eligibility** of a person for legal aid" — **15-day** window. *Your opponent can challenge your legal aid.*
- **s. 77** — the committee must give you "an opportunity to present observations." **s. 78** — reasons required.
- **s. 79 — the hard stop:** "The decision … shall be **final and without appeal**." *(A-14 is silent on Superior Court judicial review; no claim is made here.)*

## Services outside the means test (Chapter III)

- **s. 83.0.1** — **victims of sexual or domestic violence**, "**whether or not financially eligible**", get **free, a maximum of four hours of legal assistance** on issues connected with the violence suffered (more if circumstances warrant). *(The statutory basis of the Rebâtir service; the Act doesn't name it.)*
- **s. 83.1** — services where a court has recognized a constitutional right to a **State-remunerated advocate** (a *Rowbotham*-type order) or made a **designation-of-counsel order** under the Criminal Code.
- **s. 83.1.1** — an advocate for a **non-represented party** to examine/cross-examine the other party or a child (art. 278 CCP; s. 85.4.1 YPA).
- **s. 83.2** — these apply "**regardless of the financial eligibility** of the persons concerned." **s. 83.6** — the DG **must** entrust the work to a chosen private advocate who accepts the fee; failing that, a staff advocate.

## The institutions

**s. 11** — the **Commission des services juridiques**. **s. 12** — 12 members, chosen from "those groups of persons who because of their activities are likely to contribute to the study and solution of the **legal problems of the underprivileged**." **s. 22** — the Commission establishes and finances the **regional legal aid centres** and forms the **review committee** (¶k). **s. 29** — services are delivered by **regional centres** per region. **s. 30 — the name to look for:** every regional centre's name must include "**community legal centre**".

## Offences

**s. 83.23** — knowingly false statements to obtain/keep aid: **$800–$10,000** (natural person) / **$2,500–$62,000** (legal person). **s. 83.26** — refusing to supply s. 64 information: **$500–$5,000** / **$1,500–$30,000**.