Acts and Regulations

84-112 - Legal Aid

Schedule
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SCHEDULE B
RULES FOR DETERMINING FINANCIAL ELIGIBILITY FOR LEGAL AID
1In these Rules
“adult” means a person sixteen years of age or over;(adulte)
“applicant” means a person who has applied for legal aid;(requérant)
“dependant” means a dependent child or a dependent adult;(personne à charge)
“dependent adult” means an adult who is substantially supported by the applicant and includes the spouse;(adulte à charge)
“dependent child” means a person under sixteen years of age living with or supported by the applicant;(enfant à charge)
“disposable income” means the income of an applicant, his or her spouse and his or her dependants after deducting from income as calculated under Rule 3 the living expenses as calculated under Rule 4;(revenu disponible)
“liquid assets” includes cash, bonds, stocks, debentures, any other assets that can be converted readily into cash and the beneficial interest in assets held in trust and available to be used for maintenance, but does not include real property, the amount remaining to be paid under a mortgage or agreement of sale or the cash surrender value of a life insurance policy;(disponibilités)
“spouse” means an adult who is cohabiting in a conjugal relationship with the applicant, whether married to the applicant or not.(conjoint)
2The ability of a person to pay no part, some part or the whole of the cost of the legal aid applied for shall be determined with reference to the assets and liabilities and income and expenses of the applicant, his or her spouse and his or her dependants.
3For the purpose of determining the income of the applicant, his or her spouse and his or her dependants, income includes
(a) salaries, wages and commissions;
(b) business, professional, farming, fishing and rental income after deducting reasonable expenses;
(c) investment income;
(d) pensions received under the Old Age Security Act, chapter O-6 of the Revised Statutes of Canada, 1970, and the Canada Pension Plan Act, chapter C-5 of the Revised Statutes of Canada, 1970;
(e) allowances received under the War Veterans Allowance Act, chapter W-5 of the Revised Statutes of Canada, 1970, the Civilian War Pensions and Allowances Act, chapter C-20 of the Revised Statutes of Canada, 1970, and the Pension Act, chapter P-7 of the Revised Statutes of Canada, 1970;
(f) Workers’ Compensation Board payments received under the Workers’ Compensation Act;
(g) unemployment insurance benefits received under the Unemployment Insurance Act, 1971, chapter 48 of the Statutes of Canada, 1970- 71-72;
(h) alimony, separation and maintenance payments;
(i) forty percent of the income received from any person for board;
(j) regular payments received under any annuity, pension or insurance scheme;
(k) regular payments received from a mortgage, agreement of sale or loan agreement;
(l) welfare payments received from the Province of New Brunswick or a private welfare agency; and
(m) benefits received directly or indirectly from any other source except those specified in paragraphs (n) and (o);
and does not include
(n) casual earnings of dependent children; and
(o) family allowances received under the Family Allowances Act, 1973, chapter 44 of the Statutes of Canada, 1973-74.
4For the purpose of determining the requirements and the living expenses of the applicant, his or her spouse and his or her dependants, living expenses include:
(a) a basic living allowance for purposes of meeting the cost of food, clothing, household supplies and personal requirements;
(b) shelter expenses including, where applicable, rent, mortgage principal and interest, property taxes, property insurance and necessary maintenance;
(c) income tax, unemployment insurance and pension contributions, union dues and like levies;
(d) utilities including fuel, electricity, water and telephone;
(e) transportation expenses necessary to the earning of income or attendance at school, exclusive of depreciation of motor vehicles;
(f) medical, optical, dental and hospital costs including payments made to any recognized medical or hospital insurance scheme;
(g) life insurance premiums;
(h) reasonable charitable donations;
(i) instalment payments on debts incurred prior to the date of application for legal aid; and
(j) other expenses as approved by the Provincial Director.
5In determining whether an applicant can pay no part, some part or the whole of the cost of the legal aid applied for, an area director shall consider:
(a) in respect of disposable income available, that the applicant has available for contribution a sum equal to the monthly amount of disposable income available, multiplied by eighteen, or the annual amount of disposable income available multiplied by one and one-half;
(b) in respect of liquid assets, that the applicant has available for contribution the aggregate of the full value of the liquid assets owned by him or her, his or her spouse and any of his or her dependants, after deducting therefrom the value of the debts and liabilities of the applicant, his or her spouse and any of his or her dependants which must be paid from these liquid assets, other than encumbrances on real property and the debts referred to in paragraph (i) of Rule 4;
(c) in respect of any life insurance policy on the life of the applicant, his or her spouse or his or her dependants, that the applicant has available for contribution the amount of the cash surrender value of the policy less the sum of one hundred dollars;
(d) in respect of any interest or estate owned by the applicant, his or her spouse or dependants in real property used by him or her as his or her own dwelling place, that the applicant has available for contribution any portion of the value of the estate or interest that, in the opinion of the area director, exceeds the needs of the applicant, his or her spouse and his or her dependants, after deducting therefrom the value of all encumbrances thereon and the necessary expenses of disposition of those encumbrances;
(e) in respect of any interest or estate owned by the applicant, his or her spouse or any of his or her dependants in any other real property, that the applicant has available for contribution the full value of the interest or estate after deducting therefrom the value of all encumbrances thereon and the necessary expenses of the disposition of those encumbrances; and
(f) in respect of any interest owned by the applicant, his or her spouse or any of his or her dependants in a motor vehicle or other chattel, that the applicant has available for contribution any portion of the value of that interest that, in the opinion of the area director, exceeds the needs of the applicant, his or her spouse and dependants.
6Where within twelve months preceding the date of application or at any date subsequent to application an applicant, his or her spouse or any of his or her dependants has made or makes an assignment or transfer of any interest in liquid assets or real property and, in the opinion of the area director, the consideration for the assignment was or is inadequate and the assignment or transfer was or is made for the purpose of qualifying the applicant for legal aid, the area director may determine that the applicant can pay an increased part of the cost of the legal aid taking into account the value of the asset or property so disposed of less the value of the consideration received.
2008, c.45, s.11
SCHEDULE B
RULES FOR DETERMINING FINANCIAL ELIGIBILITY FOR LEGAL AID
1In these Rules
“adult” means a person sixteen years of age or over;
“applicant” means a person who has applied for legal aid;
“dependant” means a dependent child or a dependent adult;
“dependent adult” means an adult who is substantially supported by the applicant and includes the spouse;
“dependent child” means a person under sixteen years of age living with or supported by the applicant;
“disposable income” means the income of an applicant, his or her spouse and his or her dependants after deducting from income as calculated under Rule 3 the living expenses as calculated under Rule 4;
“liquid assets” includes cash, bonds, stocks, debentures, any other assets that can be converted readily into cash and the beneficial interest in assets held in trust and available to be used for maintenance, but does not include real property, the amount remaining to be paid under a mortgage or agreement of sale or the cash surrender value of a life insurance policy;
“spouse means” an adult who is cohabiting in a conjugal relationship with the applicant, whether married to the applicant or not.(conjoint)
2The ability of a person to pay no part, some part or the whole of the cost of the legal aid applied for shall be determined with reference to the assets and liabilities and income and expenses of the applicant, his or her spouse and his or her dependants.
3For the purpose of determining the income of the applicant, his or her spouse and his or her dependants, income includes
(a) salaries, wages and commissions;
(b) business, professional, farming, fishing and rental income after deducting reasonable expenses;
(c) investment income;
(d) pensions received under the Old Age Security Act, chapter O-6 of the Revised Statutes of Canada, 1970, and the Canada Pension Plan Act, chapter C-5 of the Revised Statutes of Canada, 1970;
(e) allowances received under the War Veterans Allowance Act, chapter W-5 of the Revised Statutes of Canada, 1970, the Civilian War Pensions and Allowances Act, chapter C-20 of the Revised Statutes of Canada, 1970, and the Pension Act, chapter P-7 of the Revised Statutes of Canada, 1970;
(f) Workers’ Compensation Board payments received under the Workers’ Compensation Act;
(g) unemployment insurance benefits received under the Unemployment Insurance Act, 1971, chapter 48 of the Statutes of Canada, 1970- 71-72;
(h) alimony, separation and maintenance payments;
(i) forty percent of the income received from any person for board;
(j) regular payments received under any annuity, pension or insurance scheme;
(k) regular payments received from a mortgage, agreement of sale or loan agreement;
(l) welfare payments received from the Province of New Brunswick or a private welfare agency; and
(m) benefits received directly or indirectly from any other source except those specified in paragraphs (n) and (o);
and does not include
(n) casual earnings of dependent children; and
(o) family allowances received under the Family Allowances Act, 1973, chapter 44 of the Statutes of Canada, 1973-74.
4For the purpose of determining the requirements and the living expenses of the applicant, his or her spouse and his or her dependants, living expenses include:
(a) a basic living allowance for purposes of meeting the cost of food, clothing, household supplies and personal requirements;
(b) shelter expenses including, where applicable, rent, mortgage principal and interest, property taxes, property insurance and necessary maintenance;
(c) income tax, unemployment insurance and pension contributions, union dues and like levies;
(d) utilities including fuel, electricity, water and telephone;
(e) transportation expenses necessary to the earning of income or attendance at school, exclusive of depreciation of motor vehicles;
(f) medical, optical, dental and hospital costs including payments made to any recognized medical or hospital insurance scheme;
(g) life insurance premiums;
(h) reasonable charitable donations;
(i) instalment payments on debts incurred prior to the date of application for legal aid; and
(j) other expenses as approved by the Provincial Director.
5In determining whether an applicant can pay no part, some part or the whole of the cost of the legal aid applied for, an area director shall consider:
(a) in respect of disposable income available, that the applicant has available for contribution a sum equal to the monthly amount of disposable income available, multiplied by eighteen, or the annual amount of disposable income available multiplied by one and one-half;
(b) in respect of liquid assets, that the applicant has available for contribution the aggregate of the full value of the liquid assets owned by him or her, his or her spouse and any of his or her dependants, after deducting therefrom the value of the debts and liabilities of the applicant, his or her spouse and any of his or her dependants which must be paid from these liquid assets, other than encumbrances on real property and the debts referred to in paragraph (i) of Rule 4;
(c) in respect of any life insurance policy on the life of the applicant, his or her spouse or his or her dependants, that the applicant has available for contribution the amount of the cash surrender value of the policy less the sum of one hundred dollars;
(d) in respect of any interest or estate owned by the applicant, his or her spouse or dependants in real property used by him or her as his or her own dwelling place, that the applicant has available for contribution any portion of the value of the estate or interest that, in the opinion of the area director, exceeds the needs of the applicant, his or her spouse and his or her dependants, after deducting therefrom the value of all encumbrances thereon and the necessary expenses of disposition of those encumbrances;
(e) in respect of any interest or estate owned by the applicant, his or her spouse or any of his or her dependants in any other real property, that the applicant has available for contribution the full value of the interest or estate after deducting therefrom the value of all encumbrances thereon and the necessary expenses of the disposition of those encumbrances; and
(f) in respect of any interest owned by the applicant, his or her spouse or any of his or her dependants in a motor vehicle or other chattel, that the applicant has available for contribution any portion of the value of that interest that, in the opinion of the area director, exceeds the needs of the applicant, his or her spouse and dependants.
6Where within twelve months preceding the date of application or at any date subsequent to application an applicant, his or her spouse or any of his or her dependants has made or makes an assignment or transfer of any interest in liquid assets or real property and, in the opinion of the area director, the consideration for the assignment was or is inadequate and the assignment or transfer was or is made for the purpose of qualifying the applicant for legal aid, the area director may determine that the applicant can pay an increased part of the cost of the legal aid taking into account the value of the asset or property so disposed of less the value of the consideration received.
2008, c.45, s.11
SCHEDULE B
RULES FOR DETERMINING FINANCIAL ELIGIBILITY FOR LEGAL AID
(1) In these Rules
“adult” means a person sixteen years of age or over;
“applicant” means a person who has applied for legal aid;
“dependant” means a dependent child or a dependent adult;
“dependent adult” means an adult who is substantially supported by the applicant and includes the spouse;
“dependent child” means a person under sixteen years of age living with or supported by the applicant;
“disposable income” means the income of an applicant, his spouse and his dependants after deducting from income as calculated under Rule 3 the living expenses as calculated under Rule 4;
“liquid assets” includes cash, bonds, stocks, debentures, any other assets that can be converted readily into cash and the beneficial interest in assets held in trust and available to be used for maintenance, but does not include real property, the amount remaining to be paid under a mortgage or agreement of sale or the cash surrender value of a life insurance policy;
“spouse” means an adult who is living with the applicant as husband or wife, regardless of legal marital status.
2The ability of a person to pay no part, some part or the whole of the cost of the legal aid applied for shall be determined with reference to the assets and liabilities and income and expenses of the applicant, his spouse and his dependants.
3For the purpose of determining the income of the applicant, his spouse and his dependants, income includes
(a) salaries, wages and commissions;
(b) business, professional, farming, fishing and rental income after deducting reasonable expenses;
(c) investment income;
(d) pensions received under the Old Age Security Act, chapter O-6 of the Revised Statutes of Canada, 1970, and the Canada Pension Plan Act, chapter C-5 of the Revised Statutes of Canada, 1970;
(e) allowances received under the War Veterans Allowance Act, chapter W-5 of the Revised Statutes of Canada, 1970, the Civilian War Pensions and Allowances Act, chapter C-20 of the Revised Statutes of Canada, 1970, and the Pension Act, chapter P-7 of the Revised Statutes of Canada, 1970;
(f) Workers’ Compensation Board payments received under the Workers’ Compensation Act;
(g) unemployment insurance benefits received under the Unemployment Insurance Act, 1971, chapter 48 of the Statutes of Canada, 1970- 71-72;
(h) alimony, separation and maintenance payments;
(i) forty percent of the income received from any person for board;
(j) regular payments received under any annuity, pension or insurance scheme;
(k) regular payments received from a mortgage, agreement of sale or loan agreement;
(l) welfare payments received from the Province of New Brunswick or a private welfare agency; and
(m) benefits received directly or indirectly from any other source except those specified in paragraphs (n) and (o);
and does not include
(n) casual earnings of dependent children; and
(o) family allowances received under the Family Allowances Act, 1973, chapter 44 of the Statutes of Canada, 1973-74.
4For the purpose of determining the requirements and the living expenses of the applicant, his spouse and his dependants, living expenses include:
(a) a basic living allowance for purposes of meeting the cost of food, clothing, household supplies and personal requirements;
(b) shelter expenses including, where applicable, rent, mortgage principal and interest, property taxes, property insurance and necessary maintenance;
(c) income tax, unemployment insurance and pension contributions, union dues and like levies;
(d) utilities including fuel, electricity, water and telephone;
(e) transportation expenses necessary to the earning of income or attendance at school, exclusive of depreciation of motor vehicles;
(f) medical, optical, dental and hospital costs including payments made to any recognized medical or hospital insurance scheme;
(g) life insurance premiums;
(h) reasonable charitable donations;
(i) instalment payments on debts incurred prior to the date of application for legal aid; and
(j) other expenses as approved by the Provincial Director.
5In determining whether an applicant can pay no part, some part or the whole of the cost of the legal aid applied for, an area director shall consider:
(a) in respect of disposable income available, that the applicant has available for contribution a sum equal to the monthly amount of disposable income available, multiplied by eighteen, or the annual amount of disposable income available multiplied by one and one-half;
(b) in respect of liquid assets, that the applicant has available for contribution the aggregate of the full value of the liquid assets owned by him, his spouse and any of his dependants, after deducting therefrom the value of the debts and liabilities of the applicant, his spouse and any of his dependants which must be paid from these liquid assets, other than encumbrances on real property and the debts referred to in paragraph (i) of Rule 4;
(c) in respect of any life insurance policy on the life of the applicant, his spouse or dependants, that the applicant has available for contribution the amount of the cash surrender value of the policy less the sum of one hundred dollars;
(d) in respect of any interest or estate owned by the applicant, his spouse or dependants in real property used by him as his own dwelling place, that the applicant has available for contribution any portion of the value of the estate or interest that, in the opinion of the area director, exceeds the needs of the applicant, his spouse and his dependants, after deducting therefrom the value of all encumbrances thereon and the necessary expenses of disposition of those encumbrances;
(e) in respect of any interest or estate owned by the applicant, his spouse or any of his dependants in any other real property, that the applicant has available for contribution the full value of the interest or estate after deducting therefrom the value of all encumbrances thereon and the necessary expenses of the disposition of those encumbrances; and
(f) in respect of any interest owned by the applicant, his spouse or any of his dependants in a motor vehicle or other chattel, that the applicant has available for contribution any portion of the value of that interest that, in the opinion of the area director, exceeds the needs of the applicant, his spouse and dependants.
6Where within twelve months preceding the date of application or at any date subsequent to application an applicant, his spouse or any of his dependants has made or makes an assignment or transfer of any interest in liquid assets or real property and, in the opinion of the area director, the consideration for the assignment was or is inadequate and the assignment or transfer was or is made for the purpose of qualifying the applicant for legal aid, the area director may determine that the applicant can pay an increased part of the cost of the legal aid taking into account the value of the asset or property so disposed of less the value of the consideration received.