The following definitions apply in this Act. 2016, c.37, s.95; 2016, c.42, s.1; 2019, c.2, s.85; 2020, c.25, s.68; 2022, c.28, s.31
“Appeals Committee” means the Appeals Committee established under paragraph 6(1)(b.1).(comité d’appel)
“area” means a region of the Province designated in the regulations.(région)
“area committee” means an area legal aid committee appointed under section 26.(comité régional)
“Board” means the Board of Directors of the Commission. (conseil)
“Commission” means the New Brunswick Legal Aid Services Commission continued under section 3. (Commission)
“employee” means a person employed by the Commission under this Act for the purposes of the administration of the plan.(employé)
“Executive Director” means the Executive Director of Legal Aid appointed under section 12.(directeur général)
“Law Society” means the Law Society of New Brunswick. (Barreau)
“lawyer” means a member of the Law Society entitled to practise law in the courts of the Province. (avocat)
“Legal Aid Committee” means the Legal Aid Committee appointed under section 25. (Comité d’aide juridique)
“legal aid services” means professional services provided under this Act and the regulations.(services d’aide juridique)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“person” , in relation to an applicant for legal aid services or a holder of a legal aid certificate, means a natural person.(personne)
“plan” means the plan known as Legal Aid New Brunswick that is established under this Act and the regulations.(programme)
“student” means a student-at-law under the Law Society Act, 1996.(étudiant)
The management and provision of legal aid services in the Province shall be guided by the following principles:
(a) legal aid services should be provided in an effective manner so as to ensure that those in need of legal aid services obtain the legal aid services required to resolve their legal problems;
(b) legal aid services should be integrated with services delivered by other government and community agencies to address the underlying issues that result in legal problems;
(c) legal aid services should be accessible so that those in need of the services may make use of them with ease;
(d) legal aid services should be provided in a manner that is fair and grounded in respect for the rule of law and the rights of those in need of the services;
(e) legal aid services provided should be appropriate to the circumstances so that legal problems are resolved through the most efficient route throughout the process;
(f) legal aid services should be delivered in a timely fashion to allow for the early resolution of legal issues; and
(g) the provision of legal aid services should be administered in a cost-effective and efficient manner, while respecting the other principles referred to in this section.
2016, c.37, s.95; 2019, c.29, s.78
The New Brunswick Legal Aid Services Commission is continued as a body corporate without share capital.
For the purposes of this Act, the Commission has the capacity and the rights, powers and privileges of a natural person.
Despite subsection (2), the Commission shall not borrow money unless
(a) the money is to be used for the provision of legal aid services or the administration of the plan, and
(b) the Minister of Finance and Treasury Board first approves the borrowing.
The Commission is not an agent of the Crown.
The head office of the Commission is at The City of Fredericton.
2016, c.37, s.95; 2019, c.2, s.85; 2020, c.25, s.68
On and after June 30, 2016, the Commission shall have a Board of Directors composed of the following members:
(a) the Executive Director, who shall serve as a member by virtue of his or her office and be non-voting;
(b) an employee of the Department of Justice and Public Safety designated by the Minister, who shall serve as a non-voting member; and
(c) seven voting members,
(i) five of whom shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Minister, and
(ii) two of whom shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Law Society.
A member of the Board appointed under paragraph (1)(c) holds office for a term, not longer than three years, that the Lieutenant-General in Council determines.
A vacancy on the Board does not impair the capacity of the Board to act as long as a quorum is maintained.
In the case of the temporary absence or inability to act of a member of the Board appointed under subparagraph (1)(c)(i), the Lieutenant-Governor in Council, on the recommendation of the Minister, may appoint a substitute for the member for the period of the temporary absence or inability to act.
In the case of the temporary absence or inability to act of a member of the Board appointed under subparagraph (1)(c)(ii), the Lieutenant-Governor in Council, on the recommendation of the Law Society, may appoint a substitute for the member for the period of the temporary absence or inability to act.
Any appointment to the Board may be revoked by the Lieutenant-Governor in Council for cause.
In recommending persons under section 4, the Minister or the Law Society shall ensure that the Board as a whole
(a) has knowledge, skills and experience in the following areas:
(i) business, management and financial matters of public or private sector organizations;
(ii) law and the operation of courts and tribunals;
(iii) the special legal needs of and the provision of legal services to low-income individuals and disadvantaged communities; and
(iv) the social and economic circumstances associated with the special legal needs of low-income individuals and of disadvantaged communities, and
(b) reflects the cultural and geographic diversity of the Province and its English and French linguistic duality.
This section applies on and after June 30, 2016.
2016, c.42, s.2
The Board shall
(a) oversee the financial management of the Commission,
(b) establish operational and strategic policies for the Commission,
(b.1) establish an Appeals Committee and appoint members from among the members of the Board to hear appeals concerning
(i) the removal of the name of a lawyer from a panel referred to in section 33, and
(ii) the audit of the accounts of a lawyer, and
(c) evaluate the quality and cost-effectiveness of the provision of legal aid services in the Province.
In exercising the powers and duties of the Board, its members shall act exclusively in the best interests of the Commission.
The Lieutenant-Governor in Council shall designate a Chair and a Vice-Chair of the Board from among the members of the Board.
The Board shall meet at least twice each calendar year.
A majority of the members of the Board constitutes a quorum.
Members of the Board are entitled to remuneration and to reimbursement of expenses in accordance with the regulations.
The remuneration and expenses referred to in subsection (1) are payable out of the Legal Aid Fund.
On and after June 30, 2016, this section does not apply to the Executive Director nor to a member of the Board referred to in paragraph 4(1)(b).
The Board may make by-laws governing the administration, management and conduct of its affairs.
Within 90 days after the commencement of this subsection, the Board shall make by-laws establishing the policy of the Commission in respect of situations considered by the Board to constitute an actual or potential conflict of interest pertaining to the members of the Board, including, but not limited to,
(a) the circumstances that constitute an actual or potential conflict of interest,
(b) a requirement that before taking office a member of the Board file with the Commission and the Minister a written declaration declaring the absence of any actual or potential conflict of interest or disclosing any actual or potential conflict of interest,
(c) a requirement that those members of the Board in office on the date of the coming into force of the by-laws file with the Commission and the Minister, within 30 days after that date, a written declaration declaring the absence of any actual or potential conflict of interest or disclosing any actual or potential conflict of interest, and
Without delay after the by-laws referred to in subsection (2) are made or amended, the Board shall provide a copy of the by-laws or amended by-laws to the Minister.
The Board shall make by-laws governing the remuneration and other conditions of employment of the employees of the Commission.
The by-laws shall be general in nature and not specific to any particular employee.
The Regulations Act does not apply to by-laws made by the Board.
The Lieutenant-Governor in Council shall appoint as the Executive Director of Legal Aid the person recommended by the Board.
Subject to subsection (2.1), the Board shall establish the terms and conditions of the Executive Director’s appointment.
The Executive Director shall be paid the remuneration that the Lieutenant-Governor in Council determines, and the payment shall be made out of the Legal Aid Fund.
In determining the remuneration of the Executive Director, the Lieutenant-Governor in Council shall consider any recommendation made by the Board.
An Executive Director shall hold office for a term of seven years from the date of his or her appointment.
The appointment of an Executive Director may be revoked for cause by the Lieutenant-Governor in Council.
The Executive Director is charged with directing the business and affairs of the Commission.
The Executive Director shall perform the duties and may exercise the powers imposed on the Executive Director by this Act, the regulations or the Board.
Paragraphs 13(3) to (5) apply with any necessary modifications to the Executive Director.
2016, c.37, s.95
The Executive Director may, on behalf of the Commission, employ any persons, including lawyers, that the Executive Director considers necessary for the provision of legal aid services.
The remuneration and other conditions of employment of the employees of the Commission shall be established by the by-laws of the Board.
The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Commission.
The Civil Service Act does not apply to the employees of the Commission.
Subject to the approval of the Board, employees of the Commission are eligible to participate in any employee benefit program established by the Treasury Board.
2016, c.42, s.32016, c.42, s.3
The Executive Director may delegate in writing his or her powers or duties under this Act or the regulations to an employee.
In a written delegation under subsection (1), the Executive Director may
(a) impose on the delegate terms and conditions that the Executive Director considers appropriate, and
(b) authorize the delegate to subdelegate in writing the powers or duties to another employee and to impose on the subdelegate any terms and conditions that the delegate considers appropriate, in addition to those imposed in the Executive Director’s written delegation.
A delegate or subdelegate to whom this section applies shall comply with any terms and conditions imposed in the Executive Director’s written delegation.
A subdelegate to whom this section applies shall comply with any terms and conditions imposed on the subdelegate by the delegate.
A decision or direction made by a person under a written delegation or subdelegation made under this section shall be deemed to be a decision or direction of the Executive Director.
On the terms approved by the Board, the Executive Director may, on behalf of the Commission, appoint or contract with any person, including lawyers, that the Executive Director considers necessary for the provision of legal aid services.
Any person appointed or contracted with under subsection (1) is not an employee of the Commission.
Subject to any other provision of this Act, any regulation and any policy established under this Act and the regulations, the Executive Director may direct all employees concerning the performance of their duties.
Subject to any other provision of this Act, any regulation and any policy established under this Act and the regulations, the Executive Director may direct all persons appointed or contracted with under section 14 concerning the performance of their duties.
Subject to subsection (2), the Commission is not considered to be practising law within the meaning of the Law Society Act, 1996.
With respect to legal services provided under this Act by a lawyer employed by the Commission or appointed or contracted with under section 14, the lawyer remains subject to the Law Society Act, 1996, and the rules under that Act.
The Commission may enter into agreements with any Minister of the Crown for the provision by employees of the Crown of any service required by the Commission to carry out its duties and exercise its powers.
The Commission may establish a plan in accordance with this Act and the regulations to be known as Legal Aid New Brunswick.
The Executive Director shall administer the plan in accordance with this Act, the regulations and any policies established under this Act and the regulations.
Subject to the approval of the Board, the Executive Director shall establish policies in accordance with this Act and the regulations governing the administration of the plan.
The Regulations Act does not apply to any policies established under this Act and the regulations.
The Commission shall establish in a chartered bank or in a trust company under the Trust and Loan Companies Act (Canada) a fund to be known as the Legal Aid Fund.
The money appropriated by the Legislature for legal aid services shall be paid out of the Consolidated Fund.
All money appropriated by the Legislature for legal aid services shall be deposited in the Legal Aid Fund.
Any money received by the Commission by gift or grant shall be deposited in the Legal Aid Fund.
Any money borrowed by the Commission shall be deposited in the Legal Aid Fund.
Any money required to be paid by an applicant for legal aid services or the holder of a legal aid certificate under this Act shall be deposited in the Legal Aid Fund.
The following are payable out of the Legal Aid Fund:
(a) expenses attributable to the establishment and administration of the plan, including salaries, employee benefits, allowances, retainers, office expenses, travelling expenses, advertising expenses, insurance premiums and superannuation contributions;
(b) fees and disbursements to lawyers for the provision of legal aid services and the remuneration of lawyers appointed or contracted with under section 14; and
(c) any other sums authorized by this Act or the regulations to be paid out of the Legal Aid Fund.
The Executive Director, or in the Executive Director’s absence, a person designated by the Executive Director, is the signing officer of the Legal Aid Fund.
The fiscal year of the Commission ends on March 31 in each year.
2016, c.37, s.95
Before October 1 in each year, the Commission shall submit a report to the Minister for the 12 months ending on March 31 of that year containing the following:
(a) a statement of the nature and extent of legal aid services during the 12-month period;
(b) a statement of the receipts and disbursements of the Legal Aid Fund during the 12-month period;
(c) general information with respect to the working of this Act and the regulations; and
(d) any other information that the Minister requests.
The Minister shall lay the report referred to in subsection (1) before the Legislature if it is in session or, if not, at the next session.
Before December 1 in each year, the Commission shall submit to the Treasury Board an interim report on the operation of the plan for the six-month period ending on September 30 of that year, together with a proposed budget containing a detailed estimate of the amount of money required to operate the plan in the next fiscal year of the Province.
The Secretary to Treasury Board may make a report on the proposed budget, containing the recommendations he or she considers appropriate, to the Chair of the Board of Directors of the Commission within 30 days after receiving the proposed budget.
The financial statements of the Commission shall be prepared in accordance with generally accepted accounting principles.
The accounts and financial statements of the Commission shall be audited at least once a year by the Auditor General of New Brunswick.
Subject to subsection (2), the Commission may establish a regional legal aid office for each area.
A regional legal aid office may be established to serve more than one area.
The duties of the employees for an area include
(a) the issuing of legal aid certificates,
(b) the preparation of lists of lawyers serving on legal aid panels,
(c) the appointment of duty counsel to courts within the area,
(d) the approval of accounts for fees and disbursements of duty counsel, and
(e) any other functions assigned by the Executive Director, this Act or the regulations.
The Lieutenant-Governor in Council may appoint a standing committee in accordance with this Act and the regulations to be known as the Legal Aid Committee that shall
(a) advise and make recommendations to the Commission or the Minister on policy matters,
(b) advise the Executive Director on matters of law, and
(c) perform any other functions assigned by this Act or the regulations.
The Lieutenant-Governor in Council shall appoint the Chair of the Legal Aid Committee.
The Executive Director may in accordance with this Act and the regulations appoint an area legal aid committee for an area.
An area committee shall consist of not less than three persons.
Only an employee for an area shall act as secretary of the area committee for that area.
An area committee shall perform the functions assigned by the Executive Director, this Act or the regulations.
2016, c.42, s.4
An application for legal aid services may be made to an employee for the area in which the applicant resides at the time the application is made, in which the matter or proceeding for which legal aid services are required arises or in which the legal services required are to be performed.
An employee for an area
(a) shall investigate the circumstances of an applicant in the manner he or she considers appropriate,
(b) shall require an applicant to provide any information prescribed by the regulations and to declare the truth of the information provided,
(c) shall determine whether an applicant can pay no part, some part or the whole of the cost of the legal aid services applied for and the sum, if any, that an applicant is able to contribute toward their cost, and
(d) may, under section 28, issue a legal aid certificate on the terms that are, in his or her opinion, warranted by the circumstances.
In making a determination under paragraph (2)(c), an employee for an area shall comply with the rules for determining financial eligibility that are prescribed in the regulations.
Despite subsection (3), an employee may depart from the rules for determining financial eligibility with the prior approval of the Executive Director.
If an employee for an area determines that the applicant can pay some part of the cost of the legal aid services applied for and the applicant does not pay that part of the cost at that time, the employee shall require the applicant to enter into a written agreement to pay that part of the cost under the conditions and at the time set by the employee.
The amount that an applicant agrees to pay under subsection (4) is a debt owing to the Commission; however, if at any time that amount exceeds the cost to the Commission of providing legal aid services to the applicant, the debt shall, at that time, be deemed to be an amount equal to the cost to the Commission of providing legal aid services to the applicant.
If the amount that an applicant pays exceeds the cost to the Commission of providing legal aid services to the applicant, the Commission shall refund to the applicant the amount of the overpayment.
For the purposes of this section, the cost to the Commission of providing legal aid services to an applicant is the amount payable by the Commission to a lawyer in respect of legal aid services provided to the applicant.
The Executive Director or an employee for an area may require, as a condition of the employee issuing a legal aid certificate under section 28, that the applicant secure a debt referred to in subsection (5) by depositing with the Executive Director the security that is authorized by the regulations and considered appropriate and reasonable by the Executive Director or the employee, as the case may be.
2016, c.42, s.5; 2023, c.17, s.137
No legal aid certificate shall be issued or amended unless the issuance or amendment is authorized under this section or the regulations.
Subject to the directions of the Executive Director, the regulations and policies established under this Act and the regulations, an employee for an area may issue legal aid certificates authorizing legal aid services for any of the following proceedings and any matter preliminary to any such proceedings that are anticipated:
(a) proceedings in respect of an offence under an Act of the Parliament of Canada or in respect of the Extradition Act (Canada);
(b) proceedings in respect of an offence under an Act of the Legislature;
(c) proceedings before an administrative tribunal established by an Act of the Legislature or of the Parliament of Canada;
(d) proceedings in bankruptcy;
(e) proceedings under the Divorce Act (Canada);
With the prior approval of the Executive Director, an employee for an area may, in his or her discretion, issue a legal aid certificate authorizing legal services, other than those associated with judicial and administrative proceedings, that are customarily within the scope of the professional duties of a lawyer, including drawing documents, negotiating settlements and giving legal advice.
Subject to the directions of the Executive Director, the regulations and policies established under this Act and the regulations, an employee for an area may amend a legal aid certificate from time to time to alter the scope of the legal aid services authorized by that certificate.
An employee for an area shall not issue a legal aid certificate under paragraph (2)(a) to authorize legal aid services in respect of an offence punishable on summary conviction unless he or she has a current legal opinion that
(a) there is a likelihood of imprisonment or loss of means of earning a livelihood on conviction,
(b) there are in existence circumstances that would serve to mitigate the severity of the penalty that may be imposed, or
(c) because of extraordinary circumstances, it is in the interests of justice that the applicant be represented by a lawyer.
Subsection (5) applies with the necessary modifications to the amendment of a legal aid certificate issued under paragraph (2)(a) to authorize legal aid services in respect of an offence punishable on summary conviction.
If the applicant has an election as to the manner in which he or she may be tried, a legal aid certificate issued in respect of proceedings referred to in paragraph (2)(a) shall authorize proceedings in Provincial Court only unless the applicant’s lawyer certifies to the Executive Director that, in his or her opinion, the interests of the accused require that he or she elect to be tried by a judge without a jury or by a court composed of a judge and jury, in which case the Executive Director may amend the certificate accordingly.
With the prior approval of the Executive Director, an employee for an area may issue or amend a legal aid certificate to authorize legal aid services for proceedings referred to in paragraph (2)(b) if
(a) there appears to be a likelihood of imprisonment or loss of means of earning a livelihood on conviction, and
(b) that employee has a current legal opinion that
(i) there is a possible defence to the charge,
(ii) there are in existence circumstances that would serve to mitigate the severity of the penalty that may be imposed, or
(iii) because of extraordinary circumstances, it is in the interests of justice that the applicant be represented by a lawyer.
Despite subsection (8), an employee for an area may issue or amend a legal aid certificate to authorize legal aid services for proceedings referred to in paragraph (2)(b) without the prior approval of the Executive Director, if the offence with which the applicant is charged carries a mandatory term of imprisonment.
An employee for an area shall not issue or amend a legal aid certificate to authorize legal aid services in respect of paragraph (2)(c) or (d) unless he or she has a current legal opinion that the applicant has an interest that ought to be raised or protected in the matter or proceeding and that it is in the interests of justice that the applicant be represented by a lawyer.
An employee for an area shall not issue or amend a legal aid certificate to authorize legal aid services in respect of paragraph (2)(e) or (f) unless he or she has a current legal opinion that it is reasonable under the circumstances of the case to institute or defend the proceedings, or to continue the action or defence to the action, as the case may be.
In determining the reasonableness of the proposed course of action under subsection (11), an employee for an area shall consider the matter from the standpoint of a usual lawyer and client relationship, taking into account the possibility of success, the cost of the proceedings in relation to the anticipated loss or recovery and the likelihood of enforcing judgment.
Except if in the opinion of an employee for an area the circumstances of an application require the immediate issue or amendment of a legal aid certificate, the employee shall not issue or amend a legal aid certificate to authorize legal aid services in respect of paragraph (2)(g) unless
(a) the applicant has included in his or her application
(i) the opinion of a lawyer as to the advisability of instituting or defending an appeal,
(ii) a copy of the order or judgment appealed from, and
(iii) any other information that the employee requires,
(b) the employee considers that it is reasonable that the appeal be instituted or defended,
(c) the employee has submitted the application to the area committee for that area, if one has been established, or to the Provincial Director, if an area committee has not been established for that area, and
(d) the area committee or the Provincial Director, as the case may be, has approved the issuing or amending of a legal aid certificate.
Repealed: 2016, c.42, s.5
Despite any other provision of this Act except subsection (9), the Executive Director may from time to time direct that an employee for an area obtain the Executive Director’s prior approval for the issuance or amendment of any type of legal aid certificate specified in the directions.
Despite any other provision of this Act, the Executive Director, with the approval of the Board, may from time to time establish policies and issue directions defining circumstances under which an applicant may be determined to be ineligible as a recipient of legal aid services by reason of
(a) the applicant being charged with an offence the same as or similar to one for which he or she has been previously convicted, or
(b) the total number of legal aid services that the applicant is currently receiving or has received from the plan.
If the Executive Director is of the opinion that the Legal Aid Fund is in danger of being depleted, he or she may, with the approval of the Board after the Board has consulted with the Minister, limit the provision of legal aid services in proceedings or matters covered by paragraphs (2)(c) to (g) and subsection (3).
A legal aid certificate shall not be issued under section 28 to a person who is not ordinarily resident in the Province.
Despite subsection (1), if, in the opinion of the Executive Director, the interests of justice demand that legal aid services be extended to a person not ordinarily resident in the Province, the Executive Director may authorize that a legal aid certificate be issued to that person in accordance with section 28.
This section does not apply in respect of the following:
(a) any proceedings or any matter preliminary to anticipated proceedings referred to in paragraph 28(2)(a); and
(b) any proceedings, or any matter preliminary to anticipated proceedings, of an appellate nature in respect of proceedings referred to in paragraph 28(2)(a).
The Minister may, with the approval of the Lieutenant-Governor in Council, enter into a reciprocal agreement with another province or a territory of Canada, or with a state that is designated by order of the Lieutenant-Governor in Council, in which provision is made for extending the benefits of this Act to persons ordinarily resident in that province, territory or state, in which case a legal aid certificate may be issued to one of those persons.
2016, c.42, s.6
The Executive Director or an employee for an area may cancel a legal aid certificate issued by him or her or by a former employee for that area if he or she is satisfied that
(a) the certificate ought not to have been issued,
(b) the holder of the certificate has made a false statement or has concealed information in applying for legal aid services, or
(c) because of changed circumstances since the date of issue of the certificate, the benefits of this Act ought not to be extended to the holder of the certificate.
If a legal aid certificate is cancelled, the holder of the certificate, unless exempted from this subsection by the Executive Director on the ground that its application would prove unjust as against the holder, shall reimburse the Commission for the cost to the Commission of providing legal aid services to the holder up to the time at which the certificate is cancelled, and the amount payable is a debt owing to the Commission.
For the purposes of this section, the cost to the Commission of providing legal aid services to a holder of a legal aid certificate is the amount payable by the Commission to a lawyer in respect of legal aid services provided to the holder.
(a) any portion of the contribution already paid by the holder of the certificate that exceeds the amount of a debt owing to the Commission shall be refunded to the holder, and
(b) the portion of any security taken that is no longer necessary for securing a debt owing to the Commission shall be returned to the holder of the certificate unless, in the opinion of the Executive Director, it would be impractical or unreasonable to release the security in whole or in part.
2016, c.42, s.7
Subject to subsection (2), an applicant or a holder of a legal aid certificate may appeal to the area committee for an area if one has been established, or, if one has not been established, to the Provincial Director if an employee for an area
(a) refuses to issue or amend a legal aid certificate,
(b) conditions the issuing of a legal aid certificate on the contribution of the applicant,
(b.1) amends a legal aid certificate, or
(c) cancels a legal aid certificate.
If the refusal, issuing, amending or cancellation referred to in subsection (1) relates to an application for legal aid services in respect of a proceeding of an appellate nature, the applicant or holder of a legal aid certificate may appeal to the Provincial Director.
The applicant or holder of a legal aid certificate may appeal to the Executive Director a decision of an area committee or the Provincial Director under this section.
An area committee, the Provincial Director or the Executive Director shall determine an appeal under this section in accordance with the criteria governing the disposition of the application.
An appeal under this section is an informal review only and no right to a hearing is established by this section, but an area committee, the Provincial Director or the Executive Director, as the case may be, may obtain any information and opinions and hear any representations considered necessary.
The Executive Director may, in his or her discretion, refer to the Legal Aid Committee for its recommendation any matter appealed to him or her under this section.
A lawyer who maintains an office or has an established legal practice in an area may apply to an employee for that area to have his or her name placed on one or more of the following:
(a) a criminal duty counsel panel;
(b) a criminal legal aid panel;
(c) a civil duty counsel panel;
(d) a civil legal aid panel; and
(e) a legal advice and services panel.
An employee for an area shall enter the name of each lawyer who has applied under subsection (1) on each panel stipulated in the application.
If an employee for an area issues a legal aid certificate, he or she shall advise the holder of the legal aid certificate of the names of all lawyers on the appropriate panel for that area.
Nothing in subsection (3) prevents the holder of a legal aid certificate from retaining a lawyer who is not on a panel for that area if the lawyer retained is on the appropriate panel for another area and the Executive Director gives his or her approval.
If a holder of a legal aid certificate does not retain a lawyer within 60 days after the date of issue of the legal aid certificate, the legal aid certificate expires.
No lawyer shall act for a person under a legal aid certificate unless his or her name is on an appropriate panel in relation to the service to be performed under that certificate.
If a lawyer has been employed by the Commission or has been appointed or contracted with under section 14 for the provision of legal aid services, an employee for an area may require the holder of a legal aid certificate to retain that lawyer, in which case subsections 33(3), (4), and (6) do not apply.
If a lawyer provides professional services to a holder of a legal aid certificate other than those services that are authorized by the legal aid certificate, he or she is not entitled to be paid for those services out of the Legal Aid Fund.
No lawyer or student shall take or receive any payment or other benefit for providing professional services under this Act except as is provided in this Act and the regulations.
A lawyer may refuse to accept as a client a holder of a legal aid certificate, but no lawyer who is approached by a holder of a legal aid certificate seeking legal aid services shall accept that person as a client on a remunerative basis other than is provided in this Act and the regulations.
If a holder of a legal aid certificate recovers costs in respect of the proceeding for which the certificate was issued pursuant to a judgment or order of a court, he or she shall pay those costs to the Commission.
If proceedings are taken or defended by a holder of a legal aid certificate, and he or she is ordered to pay costs by a judgment or order of a court, the Executive Director may, in his or her discretion, authorize a payment in respect of those costs out of the Legal Aid Fund.
If a holder of a legal aid certificate recovers under a judgment, order, settlement or otherwise any sum in respect of the proceeding for which the legal aid certificate was issued, he or she shall pay to the Commission an amount equal to the disbursements made in the proceeding together with the value of the professional services provided, less the amount he or she is obligated to pay under subsection (1).
If the holder of a legal aid certificate recovers under a judgment, order, settlement or otherwise any property in respect of the proceeding for which the legal aid certificate was issued, he or she shall pay to the Commission an amount equal to the disbursements made in the proceeding together with the value of the professional services provided, less the amount he or she is obligated to pay under subsection (1).
The Executive Director may reduce or waive an amount payable under subsection (3) or (4) if, under the circumstances of the case, he or she considers it unjust to require the amount to be paid in full, in which case the amount deemed to be payable under subsection (3) or (4) shall be an amount set by the Executive Director.
If a lawyer is in possession of an amount in respect of costs referred to in subsection (1), whether in trust or otherwise, he or she shall pay the amount to the Commission and not to the lawyer’s client.
If a lawyer is in possession of any sum referred to in subsection (3), whether in trust or otherwise, he or she shall pay the amount to the Commission and not to the lawyer’s client.
If a lawyer is in possession of any property referred to in subsection (4), whether in trust or otherwise, he or she shall withhold the property from the lawyer’s client until the client complies with subsection (4) or gives the security for payment required by the Executive Director.
The memorial of debt, accompanied by the affidavit, may be registered in accordance with the Registry Act or the Land Titles Act.
A copy of a registered memorial certified by a registrar of deeds or a registrar of land titles, as the case may be, shall be admissible as evidence of the registration in all proceedings.
A memorial of a debt referred to in subsection (1) registered in the registry office of the county in which the lands are situated, or the land titles office of the district in which the lands are situated, as the case may be, binds the lands of the person who owes an amount to the Commission in accordance with subsection 27(5), 31(2) or 36(9).
A memorial registered as described in subsection (4) binds the lands of the person who owes an amount to the Commission in accordance with subsection 27(5), 31(2) or 36(9) for five years from the date of registration and after that period, if the debt remains unsatisfied, the memorial may be renewed for a further period of five years with like effect and so on as required by registering it again in accordance with this section.
Satisfaction of any debt, a memorial of which is registered, may be acknowledged in writing by the Executive Director or employee for an area who received payment in accordance with the regulations, and the acknowledgment, when registered under the Registry Act or the Land Titles Act, as the case may be, operates as a discharge of the debt.
Subject to the approval of the Minister, the Executive Director may
(b) authorize the destruction of cheques that are drawn on the account for the Fund and that are paid and cancelled.
2023, c.17, s.137
Despite any other provision of this Act or the regulations, the Commission may establish and administer a program to provide legal aid services for persons for any of the following proceedings and any matters preliminary to any such proceedings that are anticipated:
(a) proceedings under the Divorce Act (Canada);
Nothing in this section shall be construed so as to oblige the Commission to provide legal aid services in respect of which no money has been appropriated by the Legislature.
On the request of the Commission or the Minister, the Legal Aid Committee shall conduct an investigation
(a) to determine if this Act and the regulations have been complied with in respect of an application made under this Act, or
(b) into any other matter relating to the administration of this Act.
The Executive Director, a duty counsel, a member of an area committee, an employee and a person appointed or contracted with under section 14 shall, on a request by the Legal Aid Committee,
(a) give to the Legal Aid Committee all possible assistance in carrying out the investigation, and
(b) provide the Legal Aid Committee with any application, report, statement, record, document or other information requested by the Legal Aid Committee.
At the conclusion of its investigation under this section, the Legal Aid Committee
(a) shall report its findings to the Commission or the Minister, as the case may be, and
(b) may make recommendations to the Commission or the Minister, as the case may be, in respect of its findings if, in its opinion, circumstances so warrant.
Despite section 42, if the Legal Aid Committee conducts an investigation under section 40, the Legal Aid Committee may require the Executive Director, a member of the Board, a member of the Legal Aid Committee, a duty counsel, a member of an area committee, an employee and a person appointed or contracted with under section 14 to disclose to it any communication referred to in section 42.
No member of the Legal Aid Committee shall
Communications between an applicant for legal aid services or a holder of a legal aid certificate, on the one hand, and the Executive Director, a member of the Board, a member of the Legal Aid Committee, a duty counsel, a member of an area committee, an employee or a person appointed or contracted with under section 14, on the other hand, which would be privileged if made between a client and his or her lawyer, are privileged in the same manner and to the same extent as lawyer and client communications. 2016, c.42, s.8
The Commission is not liable for any act or omission of any lawyer who is appointed or contracted with under section 14 and who provides professional services under this Act.
No action or other proceeding for damages or otherwise lies or shall be instituted and no proceeding shall be taken in any court, whether by way of injunction, declaratory judgment, order on judicial review or otherwise, against any of the following persons in relation to anything done in good faith, or in relation to anything omitted in good faith, under this Act by the person:
(a) the Board;
(b) a member or former member of the Board;
(c) the Executive Director or a former Executive Director;
(d) an employee or former employee of the Commission;
(e) a person appointed or contracted with under section 14;
(f) a member or former member of the Legal Aid Committee; or
(g) a member or former member of an area committee.
2023, c.17, s.137
In this section, “Court of King’s Bench” means The Court of King’s Bench of New Brunswick.
Except in relation to an action by or on behalf of the Commission, in which case the approval of the Court of King’s Bench must first be obtained, the Commission may indemnify any member or former member of the Board, any employee or former employee of the Commission, the Executive Director or a former Executive Director or any member or former member of the Legal Aid Committee or an area committee, and his or her heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in relation to any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a member of the Board, an employee of the Commission, the Executive Director or a member of the Legal Aid Committee or an area committee, if he or she
(a) acted honestly and in good faith with a view to the best interests of the Commission, and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, had reasonable grounds for believing that his or her conduct was lawful.
Despite anything else in this section, a person referred to in subsection (2) is entitled to indemnity from the Commission in respect of all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the Board, an employee of the Commission, the Executive Director or a member of the Legal Aid Committee or an area committee if the person seeking indemnity
(a) was substantially successful on the merits of the person’s defence of the action or proceeding,
(b) fulfils the conditions set out in paragraphs (2)(a) and (b), and
(c) is fairly and reasonably entitled to indemnity.
The Commission may purchase and maintain insurance for the benefit of any person referred to in subsection (2) against any liability incurred by that person as a member of the Board, an employee of the Commission, the Executive Director or a member of the Legal Aid Committee or an area committee, except if the liability relates to the failure of that person to act honestly and in good faith with a view to the best interests of the Commission.
The Commission or a person referred to in subsection (2) may apply to the Court of King’s Bench for an order approving an indemnity under this section and the Court of King’s Bench may make the order and make any further order it thinks fit.
On an application under subsection (5), the Court of King’s Bench may order notice to be given to any interested person and that person is entitled to appear and be heard in person or through a lawyer.
Any amount payable under this section is payable out of the Legal Aid Fund.
2016, c.42, s.9
Every decision of the Board, including a decision of the Appeals Committee, is final and may not be questioned or reviewed in any court.
Subject to a decision that may be appealed to the Appeals Committee, every decision of the Executive Director is final and may not be questioned or reviewed in any court.
The Executive Director may prepare, or cause to be prepared, and provide forms for the purposes of facilitating the application and administration of this Act and the regulations.
2016, c.42, s.10The Executive Director may extend the period of time for doing any act or taking any proceeding under this Act and the regulations and this function may be exercised although the application to extend is not made until after the expiration of the period of time. 2016, c.42, s.10
The Lieutenant-Governor in Council may make regulations 2016, c.42, s.11
(a) designating regions of the Province as areas for purposes of this Act;
(b) prescribing oaths of office and secrecy as conditions of appointment, employment or entering into a contract under this Act;
(c) for the purposes of section 10, governing the remuneration and reimbursement of expenses for members of the Board, including providing for limits on remuneration and reimbursement of expenses;
(d) governing the functions of the Executive Director, duty counsel and other persons appointed, employed or contracted with for purposes of this Act;
(e) governing the constitution, functions and procedures of area committees and the Legal Aid Committee;
(f) governing panels referred to in section 33, including the removal of lawyers from panels;
(g) governing the establishment of student legal aid societies and the functions of students participating in the plan;
(g.1) governing the establishment and functions of legal aid clinics;
(h) Repealed: 2016, c.42, s.11
(i) Repealed: 2016, c.42, s.11
(j) governing the non-disclosure of information provided by or about an applicant for legal aid services or a holder of a legal aid certificate;
(k) prescribing rules for determining financial eligibility and the grounds on which applicants may be determined to be ineligible for legal aid services;
(l) prescribing the content of legal aid certificates;
(m) governing procedures for issuing, amending and cancelling legal aid certificates;
(n) governing the issuing of legal aid certificates retroactively;
(n.1) governing appeals referred to in paragraph 6(1)(b.1), including the form, manner and procedures with respect to an appeal;
(o) governing appeals referred to in section 32;
(p) governing memorials of debt, liens and other forms of security that may be required to secure obligations arising under this Act, including the creation, registration, amount, operation, effect and discharge of them;
(p.1) prescribing forms for a certificate of lien and a certificate of discharge;
(q) governing the reports on legal aid services of lawyers appointed or contracted with under section 14;
(r) prescribing the manner in which the accounts of lawyers appointed or contracted with under section 14 shall be presented and approved for payment;
(r.1) governing the remuneration of lawyers appointed or contracted with under section 14 in accordance with an hourly rate based on the number of years the lawyer has been a member of the law society of a common law province or territory of Canada;
(s) authorizing the Executive Director to refuse to pay all or any part of an account presented for payment;
(t) respecting the grounds on which and the circumstances in which the Executive Director may refuse to pay all or any part of an account presented for payment;
(u) governing the repayment of disbursements to lawyers;
(v) governing the provision of legal aid services by lawyers appointed or contracted with under section 14;
(w) governing the provision of legal aid services under section 39;
(w.1) authorizing the provision of legal aid services by counsel employed by a lawyer acting for a client and governing the provision of these services;
(x) governing the payment of money into and out of the Legal Aid Fund;
(y) governing the bonding of persons appointed or employed under this Act;
(y.1) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(z) respecting any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent of this Act.
2016, c.42, s.12 2016, c.42, s.12
2016, c.42, s.13 2016, c.42, s.13