Legal Aid raises some income and asset limits until 2028

For the next 3 years, Legal Aid Ontario (LAO) is increasing the amount of income and assets a person can have and qualify for:

• family and criminal duty counsel services
• certificates for criminal law services

New income limits

Someone who lives alone or with fewer than 5 family members, can now qualify for these services if their total family income is $45,440 a year or less.

If someone lives with 5 or more family members, the total family income to qualify is $50,803 a year or less. This has not changed.

Total family income is the combined income of the person applying and the family members they live with.

New asset limits

For the services listed above, the total value of assets a person can have has gone up to $15,000. This includes the assets of any family members that they live with. It does not change with family size.

LAO includes cash and items that can be easily sold for cash as assets. They do not count property like houses and land when they decide if someone is eligible.

Duty counsel for family and criminal issues

Duty counsel give legal help to people who qualify on the day they’re in court, including court that’s held virtually by phone or videoconference.

Duty counsel can help with only certain things. If someone does not have a lawyer, duty counsel can give them information about the court process and provide legal advice.

Criminal duty counsel may also be able to:

• represent a person at their bail hearing
  
• help them ask for an adjournment
  
• help them with a guilty plea or sentencing hearing
  
• meet with the Crown to talk about ways to resolve the case, for example, getting diversion or pleading guilty to a less serious charge
• meet with the judge to talk about their case

Family duty counsel may be also able to help someone with:

• court forms
  
• child protection hearings
  
• garnishment and support hearings
  
• requests for adjournment or other simple motions
• hearings, other than trials, about simple issues including custody, access, child protection, or support

Changes to income limits for duty counsel

The chart below shows how the income limits have changed for duty counsel services. The limits go back to the old amounts on March 3, 2028.

Changes to asset amounts for duty counsel

In the past, the asset limit for all family sizes was $2,255. It goes back to that amount on March 3, 2028.

Criminal law certificates

A legal aid certificate covers the cost of a private lawyer for a certain number of hours. LAO has a directory of lawyers who accept legal aid certificates.

To get a certificate for a criminal law issue, people must show that their income and assets are below the limit for their family size. And they must tell LAO about any property or things they own other than cash.

They must also show that there’s a risk to their liberty. This means that there’s a good chance that they’ll go to jail if they’re convicted. To decide if there’s a risk to liberty, LAO looks at:

• how serious the charges are,
• if the person has other charges or a criminal record, and
• the circumstances of the offence, for example, why and how it happened.

Too many assets

If someone owns property or their assets are worth too much, they may have to sign a contribution agreement to get a legal aid certificate.

A contribution agreement means the person will pay LAO back some or all of the lawyer’s fee.

Changes to income limits for certificates

The chart below shows how the income limits have changed for criminal certificates. The limits go back to the old amounts on March 31, 2028.

Changes to asset amounts for certificates

In the past, the asset limit for a criminal certificate was based on family size. The limits were:

• $1,504 for one person
• $2,255 for 2 people
• $3,007 for a family of 3 or more

The asset limits go back to these amounts on March 31, 2028.

How do I apply for a legal aid certificate?

I can’t afford a criminal law lawyer. Where can I get free legal help?

I can’t afford a family law lawyer. Where can I find legal help?

Steps in a Family Law Case

Other resources

Legal Aid Ontario raising financial eligibility for duty counsel and criminal certificate services

Setting up a legal aid account as a brand-new Legal Aid Ontario client
(15-minute video)

Find a Duty Counsel Office

Please forward this information to others. Subscribe to get updates from CLEO. Subscribe to get updates on CLEO Connect’s webinars for community workers.