3(1)The New Brunswick Legal Aid Services Commission is continued as a body corporate without share capital.

3(2)For the purposes of this Act, the Commission has the capacity and the rights, powers and privileges of a natural person.

3(3)Despite subsection (2), the Commission shall not borrow money unless

3(4)The Commission is not an agent of the Crown.

3(5)The head office of the Commission is at The City of Fredericton.

4(1)On and after June 30, 2016, the Commission shall have a Board of Directors composed of the following members:

4(2)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.

4(3)A member of the Board appointed under paragraph (1)(c) may be reappointed and paragraph (1)(c) and subsections (2), (4) and (8) apply with the necessary modifications in respect of the reappointment, but he or she may not serve as a member of the Board for more than nine consecutive years.

4(4)Despite subsections (2) and (3) but subject to subsection (8), a member of the Board appointed under paragraph (1)(c) remains in office until the member resigns or is reappointed or replaced.

4(5)A vacancy on the Board does not impair the capacity of the Board to act as long as a quorum is maintained.

4(6)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.

4(7)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.

4(8)Any appointment to the Board may be revoked by the Lieutenant-Governor in Council for cause.

4(9)For the purposes of subsection (3), time served as a substitute appointed under subsection (6) or (7) counts as time served as a member of the Board appointed under paragraph (1)(c).

5(1)In recommending persons under section 4, the Minister or the Law Society shall ensure that the Board as a whole

5(2)This section applies on and after June 30, 2016.

6(1) The Board shall

6(2)In exercising the powers and duties of the Board, its members shall act exclusively in the best interests of the Commission.

10(1)Members of the Board are entitled to remuneration and to reimbursement of expenses in accordance with the regulations.

10(2)The remuneration and expenses referred to in subsection (1) are payable out of the Legal Aid Fund.

10(3)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).

11(1)The Board may make by-laws governing the administration, management and conduct of its affairs.

11(2)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,

11(3)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.

11(4)The Board shall make by-laws governing the remuneration and other conditions of employment of the employees of the Commission.

11(5)The by-laws shall be general in nature and not specific to any particular employee.

11(6)The Regulations Act does not apply to by-laws made by the Board.

12(1)The Lieutenant-Governor in Council shall appoint as the Executive Director of Legal Aid the person recommended by the Board.

12(2)Subject to subsection (2.1), the Board shall establish the terms and conditions of the Executive Director’s appointment.

12(2.1)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.

12(2.2)In determining the remuneration of the Executive Director, the Lieutenant-Governor in Council shall consider any recommendation made by the Board.

12(3)An Executive Director shall hold office for a term of seven years from the date of his or her appointment.

12(4)Despite subsection (3) but subject to subsection (5), the Executive Director remains in office until he or she resigns or is reappointed or replaced.

12(5)The appointment of an Executive Director may be revoked for cause by the Lieutenant-Governor in Council.

12(6)An Executive Director is eligible for reappointment and subsections (1) to (5) apply with the necessary modifications in respect of a reappointment.

12(7)The Executive Director is charged with directing the business and affairs of the Commission.

12(8)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.

12(9)Paragraphs 13(3) to (5) apply with any necessary modifications to the Executive Director.

13(1)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.

13(2)The remuneration and other conditions of employment of the employees of the Commission shall be established by the by-laws of the Board.

13(3)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.

13(4)The Civil Service Act does not apply to the employees of the Commission.

13(5)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.

13.1(1) The Executive Director may delegate in writing his or her powers or duties under this Act or the regulations to an employee.

13.1(2)In a written delegation under subsection (1), the Executive Director may

13.1(3)A delegate or subdelegate to whom this section applies shall comply with any terms and conditions imposed in the Executive Director’s written delegation.

13.1(4)A subdelegate to whom this section applies shall comply with any terms and conditions imposed on the subdelegate by the delegate.

13.1(5)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.

14(1)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.

14(2)Any person appointed or contracted with under subsection (1) is not an employee of the Commission.

15(1)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.

15(2)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.

16(1)Subject to subsection (2), the Commission is not considered to be practising law within the meaning of the Law Society Act, 1996.

16(2)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.

18(1)The Commission may establish a plan in accordance with this Act and the regulations to be known as Legal Aid New Brunswick.

18(2)The Executive Director shall administer the plan in accordance with this Act, the regulations and any policies established under this Act and the regulations.

18(3)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.

18(4)The Regulations Act does not apply to any policies established under this Act and the regulations.

19(1)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.

19(2)The money appropriated by the Legislature for legal aid services shall be paid out of the Consolidated Fund.

19(3)All money appropriated by the Legislature for legal aid services shall be deposited in the Legal Aid Fund.

19(4)Any money received by the Commission by gift or grant shall be deposited in the Legal Aid Fund.

19(5)Any money borrowed by the Commission shall be deposited in the Legal Aid Fund.

19(6)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.

19(7)The following are payable out of the Legal Aid Fund:

19(8)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.

21(1)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:

21(2)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.

21(3)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.

21(4)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.

24(1)Subject to subsection (2), the Commission may establish a regional legal aid office for each area.

24(2)A regional legal aid office may be established to serve more than one area.

24(3)The duties of the employees for an area include

25(1)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

25(2)The Lieutenant-Governor in Council shall appoint the Chair of the Legal Aid Committee.

26(1)The Executive Director may in accordance with this Act and the regulations appoint an area legal aid committee for an area.

26(2)An area committee shall consist of not less than three persons.

26(3)Only an employee for an area shall act as secretary of the area committee for that area.

26(4)An area committee shall perform the functions assigned by the Executive Director, this Act or the regulations.

27(1)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.

27(2)An employee for an area

27(3)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.

27(3.1)Despite subsection (3), an employee may depart from the rules for determining financial eligibility with the prior approval of the Executive Director.

27(4)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.

27(5)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.

27(5.1)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.

27(6)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.

27(7)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.

28(1)No legal aid certificate shall be issued or amended unless the issuance or amendment is authorized under this section or the regulations.

28(2)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:

28(3)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.

28(4)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.

28(5)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

28(6)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.

28(7)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.

28(8)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

28(9)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.

28(10)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.

28(11)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.

28(12)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.

28(13)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

28(15)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.

28(16)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

28(17)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).

29(1)A legal aid certificate shall not be issued under section 28 to a person who is not ordinarily resident in the Province.

29(2)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.

29(3)This section does not apply in respect of the following:

31(1)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

31(2)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.

31(3)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.

31(4)If a legal aid certificate is cancelled under subsection (1) or expires under subsection 33(5), or if all duties imposed by this Act and the regulations with respect to that legal aid certificate have been discharged,

32(1)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

32(2)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.

32(3)An employee for an area shall inform each applicant or holder of a legal aid certificate entitled to appeal under subsection (1) or (2) of the name and address of the person or body to whom the appeal may be made.

32(3.1)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.

32(4)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.

32(5)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.

32(6)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.

32(7)If the Executive Director, the Provincial Director or an area committee determines under subsection (4) that a legal aid certificate ought to be issued or amended, an employee for the area shall issue or amend the certificate under section 28 accordingly.

33(1)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:

33(2)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.

33(3)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.

33(4)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.

33(5)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.

33(6)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.

35(1)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.

35(2)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.

35(3)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.

36(1)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.

36(2)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.

36(3)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).

36(4)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).

36(5)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.

36(6)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.

36(7)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.

36(8)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.

36(9)An amount payable under subsection (1), (3) or (4) is a debt owing to the Commission.

37(1)The Executive Director may issue a memorial of a debt arising under subsection 27(5), 31(2) or 36(9) containing the amount of the debt and verified by affidavit.

37(2)The memorial of debt, accompanied by the affidavit, may be registered in accordance with the Registry Act or the Land Titles Act.

37(3)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.

37(4)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).

37(5)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.

37(6)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.

39(1)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:

39(2)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.

40(1)On the request of the Commission or the Minister, the Legal Aid Committee shall conduct an investigation

40(2)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,

40(3)At the conclusion of its investigation under this section, the Legal Aid Committee

41(1)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.

41(2)No member of the Legal Aid Committee shall

45(1)In this section, “Court of King’s Bench” means The Court of King’s Bench of New Brunswick.

45(2)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

45(3)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

45(4)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.

45(5)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.

45(6)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.

45(7)Any amount payable under this section is payable out of the Legal Aid Fund.

46(1)Every decision of the Board, including a decision of the Appeals Committee, is final and may not be questioned or reviewed in any court.

46(2)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.