2(1)The Law Society may establish a plan in accordance with this Part and regulations to be known as Legal Aid New Brunswick.

2(2)Legal Aid New Brunswick shall be administered by the Law Society through the Provincial Director who shall be subject to the directions of the Law Society in all matters of policy and administration.

2(3)The Law Society shall establish policies in accordance with this Part and regulations governing the administration of the plan.

2(4)The Law Society shall appoint a standing committee in accordance with this Part and the regulations to be known as the Legal Aid Committee which shall

2(5)For the purposes of this Part the Law Society may act through its Council.

3(1)The Law Society shall establish an office for legal aid in the Province and may employ such clerical assistance as it considers necessary.

3(2)Subject to the approval of the Minister, the Law Society may appoint a Provincial Director of Legal Aid and may establish the terms of his employment.

3(3)The Provincial Director shall be bonded in accordance with the regulations.

3(4)The Provincial Director shall administer the plan in accordance with this Part and the regulations and policies established by the Law Society and, in accordance therewith, may direct the area directors concerning the performance of their duties.

4(1)The Law Society may establish a regional legal aid office for each area and may employ such clerical assistance as it considers necessary.

4(2)Subject to the approval of the Minister, the Law Society may appoint an area legal aid director to serve in each regional office established under subsection (1) and may establish the terms of employment of each.

4(3)An area director shall administer the plan in the area for which he is appointed subject to the directions of the Provincial Director to whom he shall be accountable for such administration.

4(3.1)The duties of an area director shall include

4(4)Where an area director is unable to perform his duties the Provincial Director may appoint an acting area legal aid director to perform the functions of the area director.

4(5)Where the office of area director for an area is vacant the Provincial Director shall serve as the area director for that area and, for that purpose, the Provincial Director has all the powers and duties of an area director under this Part and the regulations.

4(6)Where the Provincial Director serves as the area director for an area in accordance with subsection (5), any reference in this Part and the regulations to an area director shall, for that purpose and for so long as the Provincial Director serves as the area director for that area, be construed as a reference to the Provincial Director.

4(7)Where the Provincial Director serves as the area director for an area in accordance with subsection (5), the Provincial Director may, subject to the approval of the Law Society, delegate to persons employed under subsection (1) in that area any of the powers and duties of an area director under this Part and the regulations.

4(8)Where the Provincial Director serves as the area director for an area in accordance with subsection (5), an appeal to the Provincial Director under section 13 by an applicant for a legal aid certificate in that area shall be referred by the Provincial Director to the Legal Aid Committee for its determination.

4(9)Subsections 13(4) and (5) apply, with the necessary modifications, in respect of an appeal referred under subsection (8) to the Legal Aid Committee.

4(10)Where the Legal Aid Committee determines in respect of an appeal referred to it under subsection (8) that a legal aid certificate ought to be issued or amended, the Provincial Director shall issue or amend the certificate accordingly.

4.1(1)The Law Society may appoint barristers and solicitors on terms approved by the Minister to provide legal aid.

4.1(2)The terms approved by the Minister may identify provisions of this Part and the regulations that will not apply to the barrister and solicitor appointed, or that will apply with modifications.

5(1)The Law Society may for an area appoint an area legal aid committee consisting of not less than three persons appointed by the Law Society, at least one of whom is a member of the Law Society.

5(2)The area director for an area shall act as secretary of the area committee for that area.

5(3)An area committee shall perform the functions assigned to it in this Part and the regulations.

6(1)The Lieutenant-Governor in Council shall appoint an Advisory Committee to the Minister of Justice and Consumer Affairs on Legal Aid, hereinafter in this section referred to as the Committee, composed of

6(2)An appointment to the Committee is for a period of two years and is renewable.

6(3)The Committee shall report at least once in each year to the Minister

6(4)Members of the Committee may be reimbursed out of the Legal Aid Fund for reasonable expenses incurred in the performance of their duties.

6(5)The Committee may designate one of its members to be secretary of the Committee and the Lieutenant-Governor in Council may authorize an honorarium to be paid to the secretary out of the Legal Aid Fund.

6.1(1)The Minister may request the Advisory Committee to conduct an investigation

6.1(2)Where the Minister makes a request under subsection (1), the Advisory Committee shall conduct an investigation.

6.1(3)Where the Advisory Committee conducts an investigation under this section, the Provincial Director, a member of the Legal Aid Committee, an area director or acting area director, a duty counsel, a member of an area committee and any person employed under this Part shall, upon a request by the Advisory Committee,

6.1(4)The Advisory Committee, at the conclusion of its investigation under this section,

7(1)The Law Society shall

7(2)The Law Society may pay out of the Legal Aid Fund

7(3)The money appropriated by the Legislature for the purposes of this Part shall be paid out of the Consolidated Fund.

7(4)The Auditor General shall examine and report to the Minister annually on the accounts and financial transactions of Legal Aid New Brunswick.

8(1)The Law Society shall, before the first day of July in each year, submit a report to the Minister for the twelve months ending on the thirty-first day of March of that year containing

8(2)The Law Society shall, before the first day of November in each year, submit to the Minister an interim report on the operation of Legal Aid New Brunswick for the six month period ending on the thirtieth day of September of that year, together with a detailed estimate of the amount of money required to operate the plan in the next succeeding fiscal year of the Province.

10(1)Subject to subsections (2) and (3), a legal aid certificate shall not be issued to a person who is not ordinarily resident in New Brunswick.

10(2)Where in the opinion of the Provincial Director the interests of justice demand that legal aid be extended to a person not ordinarily resident in New Brunswick, the Provincial Director may authorize that a legal aid certificate be issued to such person.

10(3)Subsections (1) and (2) do not apply in respect of any proceeding or any matter preliminary to an anticipated proceeding under paragraph 12(1)(a), or under paragraph 12(1)(g) in respect of proceedings under paragraph 12(1)(a).

10(4)The Minister may, with the approval of the Lieutenant-Governor in Council, enter into a reciprocal agreement with another province of Canada, or with a state that is designated by order in council, in which provision is made for extending the benefits of this Part to persons ordinarily resident in that province or state, in which case a legal aid certificate may be issued to one of such persons.

11(1)An application for legal aid may be made in a manner and form prescribed in the regulations to the area director 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 is required arises or in which the legal services required are to be performed.

11(2)An area director

11(3)In making a determination under paragraph 2(c), an area director shall comply with such rules for determining financial eligibility as are prescribed in the regulations.

11(4)The Provincial Director or an area director may cancel a legal aid certificate issued by him or by a former area director for that area where he is satisfied that

11(5)Where a legal aid certificate is cancelled, the applicant, unless exempted from this provision by the Provincial Director on the ground that its application would prove unjust as against the applicant, shall reimburse the Law Society for the cost to the Law Society of providing legal aid to the applicant up to the time at which the certificate is cancelled, and the amount payable is debt owing to the Law Society.

11(6)Where an area director determines that the applicant can pay some part of the cost of the legal aid applied for, and the applicant does not pay that part of the cost at that time, the area director shall require the applicant to enter into a written agreement to pay that part of the cost under such conditions and at such time as may be set by the area director.

11(7)The amount that an applicant agrees to pay under subsection (6) is a debt owing to the Law Society; however where at any time such amount exceeds the cost to the Law Society of providing legal aid to the applicant the debt shall at that time be deemed to be an amount equal to the cost to the Law Society of providing legal aid to the applicant.

11(8)For the purposes of this section, the cost to the Law Society of providing legal aid to an applicant is the amount, if any, payable to a solicitor under this Part and the regulations in respect of legal aid to the applicant.

11(9)The Provincial Director or an area director may require, as a condition of issuing a legal aid certificate, that the applicant secure a debt referred to in subsection (7) by depositing with the Provincial Director such security as is authorized by the regulations and as is deemed appropriate and reasonable by the Provincial Director or the area director, as the case may be.

11(10)Where a legal aid certificate is cancelled under subsection (4) of this section or expires under subsection 14(5), or where all duties imposed by this Part and the regulations with respect to that legal aid certificate have been discharged

11.1(1)Notwithstanding any other section of this Act, legal aid respecting those matters referred to in paragraphs 12(1)(c) to (g) provided to a person

11.1(2)Payments out of the Legal Aid Fund on behalf of a person referred to in subsection (1) shall only be paid out of the money appropriated by the Legislature for legal aid for persons eligible to receive assistance for legal aid under the Social Welfare Act.

11.1(3)Subsection (1) shall be deemed to have come into force on October 1, 1981.

12(1)Subject to the directions of the Provincial Director and policies established by the Law Society, an area director may issue legal aid certificates authorizing legal aid for proceedings and matters preliminary to anticipated proceedings

12(2)With the prior approval of the Provincial Director, an area director may, in his 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 barrister and solicitor, including drawing documents, negotiating settlements and giving legal advice.

12(3)An area director may amend a legal aid certificate from time to time to alter the scope of the legal aid authorized by that certificate.

12(4)An area director shall not issue or amend a legal aid certificate under paragraph (1)(a) to authorize legal aid in respect of an offence punishable on summary conviction unless he is of the opinion that

12(5)Where the applicant has an election as to the manner in which he may be tried, a legal aid certificate issued in respect of proceedings under paragraph (1)(a) shall authorize proceedings in Provincial Court only unless the applicant’s solicitor certifies to the area director that, in his opinion, the interests of the accused require that he elect to be tried by a judge without a jury or by a court composed of a judge and jury, in which case the area director may amend the certificate accordingly.

12(6)With the prior approval of the Provincial Director an area director may issue or amend a legal aid certificate to authorize legal aid for proceedings included in paragraph (1)(b) if

12(6.1)Notwithstanding subsection (6), an area director may issue or amend a legal aid certificate to authorize legal aid for proceedings included in paragraph (1)(b) without the prior approval of the Provincial Director, where the offence with which the applicant is charged carries a mandatory term of imprisonment.

12(7)An area director shall not issue or amend a legal aid certificate to authorize legal aid in respect of paragraph (1)(c) or (d) unless he is of the 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 counsel.

12(8)An area director shall not issue or amend a legal aid certificate to authorize legal aid in respect of paragraph (1)(e) or (f) unless, in his opinion, 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.

12(9)In determining the reasonableness of the proposed course of action under subsection (8), an area director shall consider the matter from the standpoint of a usual solicitor 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.

12(10)Except where in the opinion of the area director the circumstances of an application require the immediate issue or amendment of a legal aid certificate, an area director shall not issue or amend a legal aid certificate to authorize legal aid in respect of paragraph (1)(g) unless

12(11)The Provincial Director may refer to the Legal Aid Committee for its recommendation any matter requiring his approval under paragraph (10)(d).

12(12)Notwithstanding any other provision of this Part, the Provincial Director may from time to time direct that an area director obtain his prior approval for the issuance or amendment of any type of legal aid certificate specified in such directions.

12(13)Notwithstanding any other provision of this Part, the Law Society, with the approval of the Minister, 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 by reason of

12(14)Where the Law Society is of the opinion that the Legal Aid Fund is in danger of being depleted, it may, with the approval of the Minister, issue directions to the Provincial Director limiting the providing of legal aid in matters included in paragraphs (1)(c) to (g) and subsection (2).

13(1)Subject to subsection (2), where an area director refuses to issue or amend a legal aid certificate, or conditions the issuing of a certificate on the contribution of the applicant, or cancels a legal aid certificate, the applicant may appeal to the area committee for that area, if one has been established, or, if one has not been established, to the Provincial Director, in a form prescribed in the regulations.

13(2)Where the refusal, issuing or cancellation referred to in subsection (1) relates to an application for legal aid in respect of a proceeding of an appellate nature, the applicant may appeal to the Provincial Director.

13(3)An area director shall make available to each applicant entitled to appeal under subsection (1) or (2) the form referred to in subsection (1) and shall inform the applicant of the name and address of the person to whom the form is to be delivered.

13(4)An area committee or the Provincial Director shall determine an appeal under this section in accordance with the criteria governing the disposition of the application by the area director.

13(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 or the Provincial Director, as the case may be, may obtain such information and opinions and hear such representations as is considered necessary.

13(6)The Provincial Director may, in his discretion, refer to the Legal Aid Committee for its recommendation any matter appealed to him under this section.

13(7)Where the Provincial Director or an area committee determines under subsection (4) that a legal aid certificate ought to be issued or amended, the area director shall issue or amend the certificate accordingly.

14(1)A solicitor who maintains an office or has an established legal practice in an area may apply to the area director of that area to have his name placed on one or more of

14(2)An area director shall enter the name of each solicitor who has applied under subsection (1) on each panel stipulated in the application.

14(3)Where an area director issues a legal aid certificate he shall advise the holder of the legal aid certificate of the names of all solicitors on the appropriate panel for that area.

14(4)Nothing in subsection (3) prevents the holder of a legal aid certificate from retaining a solicitor who is not on a panel for that area if the solicitor retained is on the appropriate panel for another area and the Provincial Director gives his approval.

14(5)Where a holder of a legal aid certificate does not retain a solicitor within sixty days of the date of issue of the legal aid certificate, the legal aid certificate expires.

14(6)A holder of a legal aid certificate authorizing services to be performed under paragraph 12(1)(a) or (g) in respect of an offence punishable by death or life imprisonment may retain any solicitor, whether or not his name has been placed on a panel, except a solicitor whose name has been removed from a panel, other than upon his own request, and has not been restored.

14(7)Except where authorized under subsection (6), no solicitor shall act for a person under a legal aid certificate unless his name is on an appropriate panel in relation to the service to be performed under that certificate.

15(1)Where a barrister or solicitor provides professional services to a holder of a legal aid certificate other than those services that are authorized by the legal aid certificate, he is not entitled to be paid for those services out of the Legal Aid Fund.

15(2)No barrister or student shall take or receive any payment or other benefit for providing professional services under this Part except as is provided in this Part and the regulations.

15(2.1)Notwithstanding subsection (2), a barrister or solicitor may accept from his client payment by way of reimbursement of disbursements properly made by the barrister or solicitor in matters included in paragraphs 12(1)(c) to (g) where such disbursements are not payable out of the Legal Aid Fund.

15(3)A solicitor may refuse to accept as a client a holder of a legal aid certificate, but no solicitor who is approached by a holder of a legal aid certificate seeking legal aid shall accept that person as a client on a remunerative basis other than is provided in this Part and the regulations.

16(1)Where 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 shall pay such costs to the Law Society.

16(2)Where proceedings are taken or defended by a holder of a legal aid certificate, and he is ordered to pay costs by a judgment or order of a court, the Provincial Director may, in his discretion, authorize a payment in respect of such costs out of the Legal Aid Fund.

16(3)Where 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 shall pay to the Law Society an amount equal to the disbursements made in the proceeding together with the value of the professional services provided, less the amount he is obligated to pay under subsection (1).

16(4)Where 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 shall pay to the Law Society an amount equal tothe disbursements made in the proceeding together with the value of the professional services provided, less the amount he is obligated to pay under subsection (1).

16(5)The Provincial Director may reduce or waive an amount payable under subsection (3) or (4) where, under the circumstances of the case, he 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 Provincial Director.

16(6)Where a solicitor is in possession of an amount in respect of costs referred to in subsection (1), whether in trust or otherwise, he shall pay such amount to the Law Society and not to his client.

16(7)Where a solicitor is in possession of any sum referred to in subsection (3), whether in trust or otherwise, he shall pay such amount to the Law Society and not to his client.

16(8)Where a solicitor is in possession of any property referred to in subsection (4), whether in trust or otherwise, he shall withhold such property from his client until such time as the client complies with subsection (4) or gives such security for payment as is required by the Provincial Director.

16(9)An amount payable under subsection (1), (3) or (4) is a debt owing to the Law Society.

16.1(1)The Provincial Director may issue a memorial of a debt arising under section 11 or 16 containing the amount of the debt and verified by affidavit.

16.1(2)Upon the production to a registrar of deeds of a memorial referred to in subsection (1) together with an affidavit, he shall register the same, noting the date of its receipt as in the case of registry of conveyances.

16.1(3)A copy of a registered memorial certified by the registrar shall be admissible as evidence of such registration in all proceedings.

16.1(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 binds the lands of the person who owes an amount to the Law Society in accordance with section 11 or 16.

16.1(5)Every memorial so registered binds the lands of the person who owes an amount to the Law Society in accordance with section 11 or 16 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 Part.

16.2(1)Satisfaction of any debt, a memorial of which is registered, may be acknowledged before the registrar of deeds by the Provincial Director or area director who received payment in accordance with the regulations.

16.2(2)The registrar of deeds shall enter the fact of satisfaction in the margin of the entry of the memorial, whereupon it shall be cancelled.

19.1(1)Notwithstanding section 19, where the Advisory Committee conducts an investigation under section 6.1, the Advisory Committee may require the Provincial Director, a member of the Legal Aid Committee, an area director or acting area director, a duty counsel, a member of an area committee and any person employed under this Part to disclose to it any communication referred to in section 19.

19.1(2)No member of the Advisory Committee shall

19.1(3)The Minister may disclose any information or communication provided to him by the Advisory Committee where, in his opinion, such disclosure is necessary for the proper administration of this Part.

24(1)Notwithstanding any other provision of this Act or the regulations, the Minister may establish and administer a program to provide legal aid for persons for proceedings and matters preliminary to anticipated proceedings

24(2)The Minister may, for the purposes of subsection (1),

24(3)Nothing in this section shall be construed so as to oblige the Minister to provide legal aid in respect of which no money has been appropriated by the Legislature.

24(4)The Lieutenant-Governor in Council may make regulations respecting the provision of legal aid under this Part.

26(1)There is established a body corporate without share capital to be known as the New Brunswick Legal Aid Services Commission.

26(2)For the purposes of this Part, the Commission has the capacity and the rights, powers and privileges of a natural person.

26(3)Notwithstanding subsection (2), the Commission shall not borrow money unless

29(1)The Commission shall have a Board of Directors consisting of from 5 to 7 members appointed by the Lieutenant-Governor in Council.

29(2)A member of the Board shall hold office for a term of 5 years from the date of his or her appointment and is eligible for reappointment.

29(3)The appointment of a member of the Board may be revoked for cause by the Lieutenant-Governor in Council.

29(4)Notwithstanding subsection (2) but subject to subsection (3), a member of the Board remains in office until the member resigns or is reappointed or replaced.

29(5)If a vacancy occurs during the term of office of a member of the Board, the Lieutenant-Governor in Council shall appoint a person to fill the vacancy and the person so appointed shall hold office for the remainder of the term of the member whose position on the Board was vacated or until a successor is appointed.

29(6)A vacancy does not impair the capacity of the Board to act as long as a quorum is maintained.

33(1)The members of the Board are entitled to be paid such remuneration as is determined by the Lieutenant-Governor in Council.

33(2)Each member of the Board is entitled to be paid such travelling and living expenses incurred by the member in the performance of the member’s duties as are determined by the Lieutenant-Governor in Council.

33(3)The remuneration and expenses referred to in subsections (1) and (2) are payable out of the Legal Aid Fund.

34(1)The Board may make by-laws governing the administration, management and conduct of its affairs.

34(2)The Board shall make by-laws governing the conflicts of interest of members of the Board and, if the Board considers it appropriate, imposing restrictions on the activities of members to avoid conflicts of interest.

34(3)The Board shall make by-laws governing the remuneration and other conditions of employment of the employees of the Commission.

34(4)The by-laws shall be general in nature and not specific to any particular employee.

34(5)The Regulations Act does not apply to by-laws made by the Board.

36(1)Before the first day of October in each year, the Commission shall submit a report to the Minister for the 12 months ending on the thirty-first day of March of that year containing:

36(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.

36(3)Before the first day of December in each year, the Commission shall submit to the Board of Management an interim report on the operation of the plan for the 6 month period ending on the thirtieth day of September 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.

36(4)The Secretary of the Board of Management may make a report on the proposed budget, containing such recommendations as he or she considers appropriate, to the Chair of the Board of Directors of the Commission within 30 days after receiving the proposed budget.

39(1)The Lieutenant-Governor in Council shall appoint as the Executive Director of Legal Aid the person nominated by the Board.

39(2)The Board shall establish the terms and conditions of the Executive Director’s appointment.

39(3)An Executive Director shall hold office for a term of 7 years from the date of his or her appointment.

39(4)The appointment of an Executive Director may be revoked for cause by the Lieutenant-Governor in Council.

39(5)An Executive Director is eligible for reappointment and subsections (1) to (4) apply with the necessary modifications in respect of a reappointment.

39(6)The Executive Director shall perform the duties and may exercise the powers imposed on the Executive Director by this Part, the regulations or the Board.

40(1)The Executive Director may, on behalf of the Commission, employ such persons, including barristers and solicitors, as the Executive Director considers necessary for the provision of legal aid.

40(2)The remuneration and other conditions of employment of the employees of the Commission shall be established by the by-laws of the Board.

40(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.

40(4)The Civil Service Act does not apply to the employees of the Commission.

40(5)Subject to the approval of the Board of Directors of the Commission, employees are eligible to participate in any employee benefit program established by the Board of Management.

41(1)On the terms approved by the Board, the Executive Director may, on behalf of the Commission, appoint or contract with any person, including barristers and solicitors, that the Executive Director considers necessary for the provision of legal aid.

41(2)Any person appointed or contracted with under subsection (1) is not an employee of the Commission.

42(1)Subject to any provision in this Part, any regulation and any policy established under this Part and the regulations, the Executive Director may direct all employees concerning the performance of their duties.

42(2)Subject to any provision in this Part, any regulation and any policy established under this Part and the regulations, the Executive Director may direct all persons appointed or contracted with under section 41 concerning the performance of their duties.

45(1)In this section, “Court of Queen’s Bench” means The Court of Queen’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 Queen’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)Notwithstanding anything 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 where 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 Queen’s Bench for an order approving an indemnity under this section and the Court of Queen’s Bench may so order and make any further order it thinks fit.

45(6)On an application under subsection (5), the Court of Queen’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 by legal counsel.

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

46(1)Subject to subsection (2), the Commission is not considered to be practising law within the meaning of the Law Society Act, 1996.

46(2)With respect to legal services provided under this Part by a barrister or solicitor employed by the Commission or appointed or contracted with under section 41, the barrister or solicitor remains subject to the Law Society Act, 1996 and the rules under that Act.

48(1)The Commission may establish a regional legal aid office for each area.

48(2)The duties of the employees for an area include:

49(1)The Lieutenant-Governor in Council may appoint a standing committee in accordance with this Part and the regulations to be known as the Legal Aid Committee that shall

49(2)The Lieutenant-Governor in Council shall appoint the Chair of the Legal Aid Committee.

50(1)Upon the request of the Commission or the Minister, the Legal Aid Committee shall conduct an investigation

50(2)The Executive Director, a duty counsel, a member of an area committee, an employee and a person appointed or contracted with under section 41 shall, upon a request by the Legal Aid Committee,

50(3)At the conclusion of its investigation under this section, the Legal Aid Committee

51(1)The Executive Director may appoint an area legal aid committee for an area.

51(2)An area committee shall consist of not less than 3 persons.

51(3)Only an employee for an area shall act as secretary of the area committee for that area.

51(4)An area committee shall perform the functions assigned to it in this Part and the regulations.

52(1)The Commission shall establish in a chartered bank or federally incorporated trust company a fund to be known as the Legal Aid Fund.

52(2)The money appropriated by the Legislature for legal aid shall be paid out of the Consolidated Fund.

52(3)All money appropriated by the Legislature for legal aid shall be deposited in the Legal Aid Fund.

52(4)Any money received by the Commission by gift or grant shall be deposited in the Legal Aid Fund.

52(5)Any money borrowed by the Commission shall be deposited in the Legal Aid Fund.

52(6)Any money required to be paid by an applicant for legal aid or the holder of a legal aid certificate under this Part shall be deposited in the Legal Aid Fund.

52(7)The following are payable out of the Legal Aid Fund:

52(8)The Executive Director and either the Chair or the Vice-Chair are the signing officers of the Legal Aid Fund.

53(1)The Commission may establish a plan in accordance with this Part and the regulations to be known as Legal Aid New Brunswick.

53(2)The Executive Director shall administer the plan in accordance with this Part, the regulations and any policies established under this Part and the regulations.

53(3)Subject to the approval of the Board, the Executive Director shall establish policies in accordance with this Part and the regulations governing the administration of the plan.

53(4)The Regulations Act does not apply to any policies established under this Part and the regulations.

56(1)Subject to subsections (2) to (40), sections 10 to 21 are adopted for the purposes of this Part and apply to the provision of legal aid and the administration of the plan.

56(2)Subject to subsections (4), (5), (6), (8), (11), (15), (16), (17), (20), (22), (23), (25), (31), (34), (35) and (37), references to “area director” in the provisions adopted under subsection (1) shall be read as “employee for an area”.

56(3)Subject to subsections (6), (7), (17), (19), (34), (35) and (37), references to “Provincial Director” in the provisions adopted under subsection (1) shall be read as “Executive Director”.

56(4)The reference to “in a manner and form prescribed in the regulations to the area director for the area” in subsection 11(1), as adopted under subsection (1), shall be read as “in the manner prescribed by regulation to an employee for the area”.

56(5)The reference to “area director” in subsection 11(3), as adopted under subsection (1), shall be read as “employee for an area”.

56(6)The reference to “The Provincial Director or an area director may cancel a legal aid certificate issued by him or by a former area director for that area where he is satisfied that” in subsection 11(4), as adopted under subsection (1), shall be read as “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 where he or she is satisfied that”.

56(7)Subsection 11(5), as adopted under subsection (1), shall be read as follows:

56(8)Subsection 11(6), as adopted under subsection (1), shall be read as follows:

56(9)Subsection 11(7), as adopted under subsection (1), shall be read as follows:

56(10)The reference to “Law Society” in subsection 11(8), as adopted under subsection (1), shall be read as “Commission”.

56(11)The references to “or an area director” and “or the area director” in subsection 11(9), as adopted under subsection (1), shall be read as “or an employee for an area” and “or the employee”, respectively.

56(12)The references to “Law Society” in paragraphs 11(10)(a) and (b), as adopted under subsection (1), shall be read as “Commission”.

56(13)The reference to “established by the Law Society” in subsection 12(1), as adopted under subsection (1), shall be read as “established under this Part and the regulations”.

56(14)An employee shall not act under subsection 12(4), paragraph 12(6)(b) and subsections 12(7) and (8), as adopted under subsection (1), unless the employee has a current legal opinion pertaining to the proceeding or matter preliminary to an anticipated proceeding.

56(15)The references to “area director” in subsection 12(5), as adopted under subsection (1), shall be read as “Executive Director”.

56(16)The reference to “the area director” in paragraph 12(6)(b), as adopted under subsection (1), shall be read as “that employee”.

56(17)Subsection 12(10), as adopted under subsection (1), shall be read as follows:

56(18)The reference to “the Law Society, with the approval of the Minister, may from time to time” in subsection 12(13), as adopted under subsection (1), shall be read as “the Executive Director, with the approval of the Board, may from time to time”.

56(19)Subsection 12(14), as adopted under subsection (1), shall be read as follows:

56(20)Subsection 13(4), as adopted under subsection (1), shall be read without reference to “by the area director”.

56(21)The reference to “comité d’aide juridique” in subsection 13(6) of the French version, as adopted under subsection (1), shall be read as “Comité d’aide juridique”.

56(22)The reference to “the area director” in subsection 13(7), as adopted under subsection (1), shall be read as “an employee for the area”.

56(23)The reference to “the area director of that area” in subsection 14(1), as adopted under subsection (1), shall be read as “an employee for that area”.

56(24)Section 14, as adopted under subsection (1), shall be read without reference to subsection 14(6).

56(25)Section 14.1, as adopted under subsection (1), shall be read as follows:

56(26)The reference to “avocat ou un procureur” in subsection 15(1) of the French version, as adopted under subsection (1), shall be read as “avocat”.

56(27)Section 15, as adopted under subsection (1), shall be read without reference to subsection 15(2.1).

56(28)References to “Law Society” in subsections 16(1), (3), (4), (6) and (7), as adopted under subsection (1), shall be read as “Commission”.

56(29)The reference to “Law Society” in subsection 16(9), as adopted under subsection (1), shall be read as “Commission”.

56(30)References to “Law Society” in subsections 16.1(4) and (5), as adopted under subsection (1), shall be read as “Commission”.

56(31)The reference to “area director” in subsection 16.2(1), as adopted under subsection (1), shall be read as “employee for an area”.

56(32)The reference to “Law Society” in section 17.1, as adopted under subsection (1), shall be read as “Executive Director”.

56(33)Section 18, as adopted under subsection (1), shall be read as follows:

56(34)Section 19, as adopted under subsection (1), shall be read as follows:

56(35)Section 19.1, as adopted under subsection (1), shall be read as follows:

56(36)Paragraph 20(b), as adopted under subsection (1), shall be read as follows:

56(37)Paragraph 20(c), as adopted under subsection (1), shall be read as follows:

56(38)Section 20, as adopted under subsection (1), shall be read without reference to paragraph 20(q).

56(39)Paragraph 20(r.1), as adopted under subsection (1), shall be read as follows:

56(40)Section 20, as adopted under subsection (1), shall be read without reference to paragraph 20(t).

57(1)Subject to subsections (2) to (4), section 23 and subsections 24(1), (3) and (4) are adopted for the purposes of this Part and apply to the provision of legal aid and the administration of the plan.

57(2)Section 23, as adopted under subsection (1), shall be read as follows:

57(3)The reference to “Minister” in subsection 24(1), as adopted under subsection (1), shall be read as “Commission”.

57(4)The reference to “Minister” in subsection 24(3), as adopted under subsection (1), shall be read as “Commission”.

58(1)The person holding the office of Provincial Director of Legal Aid on the commencement of this subsection shall act as the Interim Executive Director until an appointment is made under subsection 39(1).

58(2)Any reference in this Part to “Executive Director” shall be read as “Interim Executive Director” until an appointment is made under subsection 39(1).

60(1)A barrister or solicitor who was employed by the Provincial Director of Legal Aid for the provision of legal aid before the commencement of this subsection and is still so employed on the commencement of this subsection shall be deemed to have been employed under subsection 40(1).

60(2)A barrister or solicitor who was appointed by or entered into a contract with the Provincial Director of Legal Aid for the provision of legal aid before the commencement of this subsection and whose appointment or contract is in force on the commencement of this subsection shall be deemed to have been appointed or contracted with under subsection 41(1).

64(1)The Legal Aid Fund established under section 7 shall be deemed to have been established under section 52.

64(2)After the commencement of this subsection, if the Law Society receives any amount for the purposes of the administration of the plan and the provision of legal aid or if any amount is deposited to the credit of the Legal Aid Fund established under section 7, the Law Society shall immediately transfer the amounts to the Commission.

64(3)Any amount to be transferred under subsection (2) is a debt owing to the Commission.

64(4)If the Law Society does not transfer any amount under subsection (2), the persons holding the offices of President, Vice-President and Treasurer of the Law Society on the date of the receipt of the amount if the amount has not been deposited to the credit of the Legal Aid Fund established under section 7 or on the date of the deposit of the amount to the credit of the Legal Aid Fund, as the case may be, are jointly and severally liable to pay the amounts to the Commission.

64(5)Any amount transferred to the Commission under subsection (2) or paid to the Commission under subsection (4) shall be deposited to the credit of the Legal Aid Fund established under section 52.