Information for Lawyers
Tariff & Billing
The legal aid tariff is a regulation setting out the compensation for lawyers who provide services to low-income clients. It sets hourly rates, and also establishes the maximum number of hours that Legal Aid Ontario pays a lawyer for specific types of proceedings.
The legal aid tariff reflects the fees customarily paid by a client of modest means. These fees apply for all legal aid services, except in exceptional cases.
In 2010, the provincial government established a schedule of tariff rate increases over the next seven years.
Legal Aid Ontario also pays lawyers block fees for some of the most common criminal charges.
Tariff Rates
There are four different hourly rates; three depend on a lawyers’ tier level, which is assessed based on certified years of experience. The fourth is for lawyers whose cases qualify for the Complex Case Rate. Lawyers must be on the Complex Case Rate panel in order to receive this rate.
Revised Tariff Rates |
|||||||
Effective |
Feb 1, 2010 |
Apr 1, 2010 |
Apr 1, 2011 |
Apr 1, 2012 |
Apr 1, 2013 |
Apr 1, 2014 |
Apr 1, 2015 |
Lawyer Rate Tier 1 |
$81.44 |
$85.51 |
$89.79 |
$94.28 |
$98.99 |
$103.94 |
$109.13 |
Lawyer Rate Tier 2 |
$91.62 |
$96.20 |
$101.01 |
$106.07 |
$111.37 |
$116.94 |
$122.78 |
Lawyer Rate Tier 3 |
$101.81 |
$106.90 |
$112.24 |
$117.85 |
$123.75 |
$129.94 |
$136.43 |
Complex Criminal Case Rate |
$120.02 |
$124.82 |
$129.81 |
$135.00 |
$141.75 |
$148.84 |
$161.05 |
* Due to rounding some previously published rates have been adjusted by approximately 1 cent (March 2012)
Rate structure
Tariff structure for all areas except Northern Ontario
Please note that the tariff hourly rate is based on the issue date of the certificate, while duty counsel rates are based on the service date.
Tier Level |
Hourly Rate (all areas except the North) |
|||
Certificates issued on or after Feb 1/10 |
Certificates issued on or after April 1/10 |
Certificates issued on or after April 1/11 |
Certificates issued on or after April 1/12 |
|
Tier 1 |
$81.44 |
$85.51 |
$89.79 |
$94.28 |
Tier 2** |
$91.62 |
$96.20 |
$101.01 |
$106.07 |
Tier 3** |
$101.80 |
$106.89 |
$112.24 |
$117.85 |
Law Clerk |
$24.15 |
$25.36 |
$26.63 |
$27.96 |
Student-at-Law |
$48.30 |
$50.72 |
$53.26 |
$55.92 |
Junior Counsel – court |
N.A.* |
N.A.* |
N.A.* |
N.A.* |
Travel Tier 1 |
$43.00 |
$43.00 |
$43.00 |
$43.00 |
Travel Tier 2 |
$48.38 |
$48.38 |
$48.38 |
$48.38 |
Travel Tier 3 |
$53.75 |
$53.75 |
$53.75 |
$53.75 |
Duty Counsel – Services |
$81.44 |
$85.51 |
$89.79 |
$94.28 |
Duty Counsel – Travel |
$43.00 |
$43.00 |
$43.00 |
$43.00 |
* Effective February 1, 2010 there is no separate rate for Junior Counsel
** Pursuant to regulation 14.1 and 14.2 as well as 24.1 and 24.2 of Tariff Regulation for Criminal and Civil Matters respectively
Tariff structure for Northern areas
Please note that as of April 1, 2012, the Guaranteed Daily Rate (GDR) is $1,021.03.
The GDR is available only for certain duty counsel and certificate services in one of five designated areas (Cochrane Area 05, Kenora Area 15, Rainy River Area 35, Temiskaming Area 39 and communities served by Nishnawbe-Aski Legal Services Corporation (NALSC) Area 48). The following chart summarizes the rate increases:
Tier Level |
Hourly Rate (Northern Areas) |
|||
Certificates issued on or after Feb 1/10 |
Certificates issued on or after April 1/10 |
Certificates issued on or after April 1/11 |
Certificates issued on or after April 1/12 |
|
Tier 1 |
$89.58 |
$94.06 |
$98.77 |
$103.71 |
Tier 2** |
$100.78 |
$105.82 |
$111.12 |
$116.67 |
Tier 3** |
$111.98 |
$117.58 |
$123.46 |
$129.64 |
Law Clerk |
$24.15 |
$25.36 |
$26.63 |
$27.96 |
Student-at-Law |
$53.13 |
$55.79 |
$58.59 |
$61.51 |
Junior Counsel – court |
N.A.* |
N.A.* |
N.A.* |
N.A.* |
Travel Tier 1 |
$47.30 |
$47.30 |
$47.30 |
$47.30 |
Travel Tier 2 |
$53.21 |
$53.21 |
$53.21 |
$53.21 |
Travel Tier 3 |
$59.13 |
$59.13 |
$59.13 |
$59.13 |
Duty Counsel – Services |
$89.58 |
$94.06 |
$98.77 |
$103.71 |
Duty Counsel – Travel |
$47.30 |
$47.30 |
$47.30 |
$47.30 |
Guaranteed Daily Rate (Certificates & DC) |
$882.00 |
$926.10 |
$972.41 |
$1,021.03 |
As a result of the April 1, 2010 tariff increases, there is now only one standard rate for all GDR certificate and duty counsel services provided in the north.
The Tariff & Billing Handbook
The handbook is a plain language interpretation of policies, procedures, and regulations for legal aid billing and the tariff. It is intended for lawyers (and their staff) already on a legal aid panel—duty counsel and/or private bar lawyers. Find out more information about registering for panel membership. The handbook contains a summary of tariff changes that took effect May 9, 2010. This includes:
- The tariff hourly rate is based on the issue date of the certificate - check the certificate issue date to determine which hourly rate applies
- Duty counsel rates are based on the service date
Tariff & Billing Handbook:
For your convenience here are links to specific chapters:
-
Hourly Tariff and Block Fee Billing Chapter only | List of chapter contents
Hourly Tariff and Block Fee Billing Chapter only | « List of chapter contents
The Certificate
- Reduction of fees otherwise payable
Remuneration
- Hourly rates
- Daily Billing Limit
- Annual Billing Limit
Account Payment Timelines
General Rules and Practices- Acknowledgement of the certificate
- Direct Deposit
- Who can bill?
- Payment of agents’ accounts
- Receiving money from a client
- Client liens and contribution agreements
- Harmonized sales Tax (HST)
- Calculating net fees and HST on fees
- HST on disbursements
- Restrictions on billing
- Interest on accounts
- Which tariff applies?
Billing Procedures
- Supporting documentation/detailed accounts
- Supporting documentation/disbursements
Billing Deadlines
Billing Interim, Final or Supplementary Accounts- Interim accounts
- Final accounts
- Supplementary accounts
- Reporting to your client
- Billing co-accused
Discretionary Increases
- Request for discretion
- Reasons for discretion
Questioning the Settlement of an Account
- Retroactive request for discretionary increase
- Review of final settlement
- Paper account forms
Block Fees - Phase 1 (May 1, 2010 - May 29, 2011)
- What is a block fee?
- Charge(s) covered under a block fee
- Phase 1 eligbile charges
- Coverage under the block fee certificate
- Disbursements
- Billing block fee accounts
- Block Fee Rates
Block Fees - Transitional Rules (from Phase 1 to Phase 2)
- Transitional Certificates
- Disbursements
Block Fees - Phase 2
- Summary I (list of charges)
- Summary II (list of charges)
- Indictable charges (list of chrages)
- Excluded charges (list of charges)
- Obtaining authorization for the ancillary proceeding and vulnerable client blocks
- Disbursements
- Amendments
- Billing
- Block fee rates
-
Criminal Chapter only | « List of chapter contents
Tariff Maximums
- Determining the tariff maximum
- Table A: Summary conviction offences or Crown election offences where the matter proceeds summarily (except sexual assault)
- Table B: Indictable Type I offences, Crown election offences where the matter proceeds by indictment, and all charges of sexual assault regardless of Crown election
- Table C: Indictable Type II
- Table D: Provincial offences and federal summary conviction
- Table E: Summary conviction appeals (in the Superior Court of Justice)
- Table F: Appeals to the Ontario Court of Appeal
- Table G: Appeals to the Supreme Court of Canada
- Table H: Maximum Hours Table – Other Matters
Additional Information
- Adjournments
- Appeals
- Bail Hearings
- Bail reviews and youth bail de novo applications
- Charter applications
- Co-accused
- Co-counsel
- Contempt of court
- Correspondence
- Court day
- Dangerous and long-term offender applications
- Discretionary Increased
- DNA genetic databank applications
- Extradition
- Fifteen-year reviews of parole eligibility
- Fitness hearings
- Immigration/Deportation
- Incomplete matter
- Judicial pre-trials
- Junior counsel
- Legal advice in domestic criminal matters
- Motions
- Multiple Charges
- Ontario Review Board hearings
- Opinion certificates
- Parole hearings and penitentiary discipline hearings
- Plea to lesser included offence
- Pre-trials
- Waiting time
- Withdrawal without Crown election
Big Case Management
List of Offences
-
Civil Chapter only | « List of chapter contents
Tariff Maximums
General Notes
- Adjournments
- Correspondence
- Junior counsel
- Nature of Court Attendances
- Waiting time
Family Law Tariff
- Subsequent pretrial conferences, settlement conferences, case conferences
- Table A: Family Law
- Uncontested divorce
- Contested divorce
- Child Protection Tariff (CFSA)
- Table B: Child Protection
- Table C: Civil Litigation
- Table D: Trials, References and Hearings
- Table E: Appeals
- Table F: Immigration and Refugee Law
- Table G: Administrative Boards of Tribunals
- Table H: Other Civil Matters
- Group and Test Case Certificates
-
Travel Chapter only | « List of chapter contents
General
- Hourly rates
- Special northern travel incentives
- Criminal matters
- Civil matters (including Family and CFSA)
Travel disbursements
- Accommodation
- Meals
- Mileage
- Other modes of transportation
- Parking
- Toll roads - Highway 407
Travel for Others
- Experts
- Investigators
- Witness
-
Costs & Contributions Chapter only | List of chapter contents
Costs & Contributions Chapter only | « List of chapter contents
Introduction
Costs
- General principals
- Costs against institutional parties
- Costs and Family Responsibility Office (FRO)
- Assessment of costs
- Costs and support orders
- Costs recovered
- Steps to take after costs awarded
- Writs of Execution or Notices of Garnishment
- Waiver of costs
- Costs for services performed while the client was not legally aided
- Costs awarded against a legally aided client
Settlement and Judgments
- General principles
- Amounts recovered
- Settlement/judgment amounts uncollected
- Settlement/judgment before administrative tribunals
- Waiver of LAO’s charge against money or other property
Contribution agreements
- General principles
- Estimated amounts
- Fixed amounts
- Monthly contribution agreement
- Legal aid liens and other forms of security
- Estimated total fees
- Change in client’s financial circumstances
Negotiating a Settlement
- Waiver of costs to facilitate settlement
- Waiver of LAO’s charge on recovery to facilitate settlement
- Settlements involving the transfer or sale of property with a lien
- Sample Forms Chapter only
Note: Information on disbursements can now be found in the Disbursements Handbook
Lawyers and Legal Aid Ontario
The certificate and duty counsel programs form a public-private partnership, serving low-income individuals throughout Ontario.
The province, through Legal Aid Ontario, provides funding and other support, while private lawyers contribute to legal aid by accepting the legal aid rates and tariff for legal services provided to clients.
Questions
If you have any questions regarding the legal aid tariff or billing Legal Aid Ontario please contact the Lawyer Service Centre.
» Telephone: 416-979-9934
» Toll free: 1-866-979-9934
Representatives are available Monday to Friday from 8:30 a.m. to 9:00 p.m.
Please note: Lawyer Service Centre hours are temporarily extended for the implementation of block fees, phase 2.
