Acts and Regulations

84-112 - Legal Aid

Schedule
Disposition versions

Full text
SCHEDULE C
LEGAL AID TARIFF
90-7
PART I
FEES IN CRIMINAL MATTERS INDICTABLE OFFENCES
Indictable Offences within the exclusive jurisdiction of The Court of Queen’s Bench of New Brunswick under section 469 of the Criminal Code (Canada)
1Preparation for preliminary inquiry and preparation for trial including interviews with the accused and witnesses -
(a) per hour
(i) solicitors with less than 2 full years of membership in the Law Society.............. $48.00
(ii) solicitors with 2 full years and less than 5 full years of membership in the Law Society .............. $54.00
(iii) solicitors with 5 full years or more of membership in the Law Society.............. $60.00
(b) to a maximum of:
(i) for first and second degree murder.............. $2,219.00
(ii) for all others.............. $1,187.00
2Counsel fee at preliminary inquiry -
  per half day.............. $144.00
3Counsel fee at trial -
(a) per half day.............. $252.00
(b) junior counsel with approval of the Provincial Director -
  per half day.............. $72.00
Indictable Offences other than those within the exclusive jurisdiction of The Court of Queen’s Bench of New Brunswick under section 469 of the Criminal Code (Canada) -
4Preparation for preliminary inquiry, where applicable, and preparation for trial, including interviews with the accused and witnesses -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of:
(i) for attempted murder.............. $1,187.00
(ii) for manslaughter.............. $1,187.00
(iii) for sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, or aggravated sexual assault.............. $1,187.00
(iv) for criminal negligence causing death.............. $1,187.00
(v) for armed robbery.............. $1,187.00
(vi) all others.............. $1,032.00
5Counsel fee at preliminary inquiry -
  per half day.............. $108.00
6Counsel fee at trial in The Court of Queen’s Bench of New Brunswick -
  per half day.............. $180.00
7Counsel fee at trial before a judge of The Court of Queen’s Bench of New Brunswick without a jury or a judge of the Provincial Court under Part XIX of the Criminal Code (Canada), other than in respect of trials for offences under section 553 -
  per half day.............. $144.00
8Where the trial is before a judge of the Provincial Court for an offence under section 553 of the Criminal Code (Canada) -
(a) for all services, including attendances for adjournment, applications for bail, preparation for trial and counsel fee at trial.............. $360.00
(b) where a plea of guilty is entered, for all services .............. $144.00
Application for Bail or Reduction of Bail on behalf of a person charged with an Indictable Offence -
9Application under section 522 of the Criminal Code (Canada) to a judge of The Court of Queen’s Bench of New Brunswick, for all services incidental to the application, including drawing notice of motion, affidavits, attendances, justifications by surety or sureties or entering into recognizance -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $281.00
10When application for bail is made before a judge of the Provincial Court for the services referred to in item 9 of this Part -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $234.00
Adjournments -
11Attendance on any necessary adjournment..............$50.00
(A solicitor is not entitled to a fee for more than one adjournment before the same judge obtained during the same half day)
Preventive Detention -
12Preparation for an application under sections 753 and 754 under the Criminal Code (Canada), for preventive detention including interviews and other necessary services -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $1,187.00
13Counsel fee on application -
  per half day.............. $180.00
Appeals to The Court of Appeal of New Brunswick -
14Drawing and filing Notice of Appeal and supporting documentation.............. $108.00
15Preparation, including Statement of Points of Law and Fact intended to be argued, where appeal is against sentence only -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $258.00
16Preparation, including Statement of Points of Law and Fact intended to be argued and including supplementary Notice of Appeal, where appeal is against conviction and sentence or conviction only -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $516.00
17Counsel fee on appeal -
  per half day.............. $216.00
Appeals to the Supreme Court of Canada in respect of all matters -
18Fee for
(a) drawing Application for Leave to Appeal and preparing case.............. $108.00
(b) preparation, including Statement of Points of Law and Fact, on Application for Leave to Appeal -
(i) per hour
  - the fees set out in item 1(a) of this Part
(ii) to a maximum of.............. $774.00
19Application before a judge for admission to bail including drawing of Notice of Motion, affidavits, attendances incidental to the application, preparation of recognizances, execution thereof and justification by surety or sureties -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $310.00
20Drawing, filing and serving Notice of Appeal.............. $216.00
21Preparation including factum -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $1,290.00
22Counsel fee on Appeal and Leave to Appeal -
  per half day.............. $252.00
SUMMARY CONVICTION OFFENCES
23Fee
(a) for all services in respect of offences triable on indictment or on summary conviction, e.g. dangerous operation of a motor vehicle, where the Crown elects to proceed as for a summary conviction offence, including all attendances for adjournment, application for bail, preparation and counsel fee at trial.............. $288.00
(b) where a plea of guilty is entered, for all services .............. $144.00
24Fee
(a) for all other summary conviction offences and for provincial offences, including attendances for adjournments, application for bail, preparation and counsel fee at trial.............. $216.00
(b) where a plea of guilty is entered, for all services .............. $144.00
25Appeal from a summary conviction or from a conviction of provincial offence by way of trial de novo, stated case or other review, including preparation of necessary documentation, application, attendances, preparation for appeal and counsel fee -
(a) preparation per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $294.00
(c) counsel fee per half day.............. $216.00
26Application to a judge for bail pending appeal, including all material, preparation, attendances, preparing recognizance and justification of sureties.............. $252.00
YOUNG OFFENDERS ACT (CANADA)
Proceedings and Prosecutions under the Young Offenders Act (Canada) -
27Fees in respect of all matters other than appeals to be in the discretion of the Provincial Director who shall take into consideration the fees set out in this Part according to the circumstances out of which the proceedings or prosecution arose.
Appeals under the Young Offenders Act (Canada) -
28Preparation and service of Notice of Application for Leave to Appeal.............. $ 72.00
29Counsel fee on Application for Leave to Appeal and on appeal before The Court of Appeal of New Brunswick -
(a) preparation and service of Notice of Application for Leave to Appeal.............. $ 50.00
(b) preparation of Application for Leave to Appeal including preparation of Memorandum of Fact and Law -
(i) per hour
  - the fees set out in item 1(a) of this Part
(ii) to a maximum of.............. $294.00
(c) counsel fee on Application for Leave to Appeal -
  per half day.............. $216.00
(d) preparation and service of Notice of Appeal.............. $72.00
(e) preparation of appeal, including Memorandum of Fact and Law -
(i) per hour
  - the fees set out in item 1(a) of this Part
(ii) to a maximum of.............. $294.00
(f) counsel fee on appeal -
  per half day.............. $216.00
EXTRAORDINARY REMEDIES
Certiorari, Habeas Corpus, Motion to Quash, Mandamus and Prohibition -
30Preparation, including preparing, serving and filing Notice of Motion, affidavits and all other necessary material and counsel fee on hearing the motion..............$576.00
EXTRADITION AND FUGITIVE OFFENDERS
31Attendance for necessary adjournment before the judge.............. $36.00
32Preparation for hearing -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $444.00
33Counsel fee on hearing -
  per half day.............. $216.00
OTHER MATTERS
34When requested by the area director or the area committee, the Provincial Director may allow a fee to a solicitor for the preparation of an opinion, for an additional opinion or for attendance of the solicitor to make further submissions.
35An allowance may be made for time spent in travelling, up to a maximum of six hours per day, at a rate of $43.00 per hour where the solicitor satisfies the Provincial Director that the travel was reasonable and necessary under the circumstances, but in no case shall an allowance be made where the distance travelled is less than sixteen kilometres from the solicitor’s office.
36In a matter, proceeding, action or appeal not dealt with in this Part, the Provincial Director shall allow a reasonable fee and in determining the fee properly payable in respect of such matter, proceeding, action or appeal, the Provincial Director shall have regard to the fees in this Part for comparable services.
90-7
PART II
FEES FOR DUTY COUNSEL
IN CRIMINAL MATTERS
1For performance of duties as duty counsel under sections 59 and 62 of this Regulation -
(a) per hour
  - the fees set out in item 1(a) of Part I
(b) to a maximum of $187.00 per day, except where an increase is approved by the Provincial Director.
2An allowance may be made for the time reasonably and properly spent by a solicitor in travelling to and from the place where the duties of the solicitor are performed in accordance with item 35 of Part I.
90-7
PART III
FEES IN CIVIL MATTERS
The basic rate is forty-three dollars per hour including performance of duties of civil duty counsel.
The Court of Queen’s Bench of New Brunswick, Trial Division, the Federal Court, other actions and applications -
1For any action from commencement to conclusion leading to a default judgment, including all interviews and entry of judgment, and assignment to legal aid, the sum of two hundred dollars.
2Preliminary interviews, advising and receiving instructions for the commencement or defence of a proceeding, maximum of one and one-half hours.
3Preparation and delivery of all pleadings leading to trial or of all notices and affidavits leading to hearing, maximum of three hours.
4Preparation of Affidavit of Documents, maximum of two hours.
5Preparation for examination for discovery, maximum of one hour for each hour of the examination for discovery.
6Attendance on examination for discovery, the prescribed hourly rate with minimal allowance of one hour.
7Motions -
(a) where there is an uncontested motion or a motion is made without notice, all services including preparation of Notice of Motion or Notice of Preliminary Motion, maximum of three hours;
(b) where there is a contested motion, all services including preparation of Notice of Motion or Notice of Preliminary Motion, maximum of five hours.
8All other preliminary matters for preparation for a trial or hearing, including necessary correspondence, negotiations and adjournments, attendance at a pre-trial conference and preparation during the trial or hearing, maximum of ten hours for each of the first two days of the trial or hearing and five hours for each succeeding day of the trial or hearing.
9Trial record and setting down for trial, preparing, serving and filing Notice of Trial and attendance at opening -
(a) party having carriage of action.............. $125.00
(b) all other parties.............. $65.00
10Counsel fee at trial or hearing, the prescribed hourly rate.
11Matters subsequent to trial or hearing -
(a) correspondence, preparing, settling, signing and entering judgment and filing a Memorandum of Satisfaction of Judgment.............. $65.00
(b) correspondence, preparing, settling, signing and entering order subsequent to a hearing.............. $65.00
(c) preparation for and attendance on an assessment of a bill of costs, correspondence, maximum of two hours.
12Enforcement of Judgment or Order -
(a) issuing an enforcement order and filing with a sheriff.............. $45.00
(b) each proceeding under the Arrest and Examinations Act, Garnishee Act or any other proceedings with respect to enforcing a judgment or an order including necessary searches .............. $125.00
Uncontested Matrimonial
13Undefended Divorce Proceedings -
(a) all matters including preliminary attendances, preparing and presenting a Petition for Divorce, services, all other necessary matters preliminary to trial, including correspondence, motions, discovery, preparation for trial, setting down for trial, counsel fee at trial and all necessary matters subsequent to trial, including obtaining Decree Absolute, costs, attendance on an assessment of a bill of costs and issuing an Order for Seizure and Sale.............. $300.00
(b) motion for substituted service or motion for extension of time for service of a Petition for Divorce.............. $65.00
14Advising a respondent, person-named or child of the marriage in an undefended divorce proceeding in respect to all necessary matters including all court attendances, prescribed hourly rate to a maximum of four hours.
Contested Matrimonial
15Preparation for contested matrimonial preparation fees prescribed by items 1 to 12.
16Variation of Decree Nisi -
(a) where uncontested, maximum of three hours;
(b) where contested, maximum of five hours.
17Enforcement of Order -
(a) issuing an Order for Seizure and Sale under Rule 72.25 of the Rules of Court, preparation fees as prescribed by item 12;
(b) each application under Rule 72.25 of the Rules of Court.............. $125.00
Applications under the Marital Property Act
18All preparations including preliminary interviews, correspondence, preparation of financial statements and other required documents and interim applications and preparation for trial, maximum of six hours for the first one-half day of trial and three hours for each succeeding one-half day of trial.
19Counsel fee at trial on contested basis, prescribed hourly rate.
20Counsel fee where the trial is uncontested or where a consent order is made, as to all claims.............. $125.00
21Preparation for all other proceedings, preparation fees prescribed by items 2 to 12.
Separation Agreements and Domestic Contracts
22All services for negotiating, drafting and settling a marital separation agreement, a domestic contract or both.............. $150.00
Proceedings under the Child and Family
Services and Family Relations Act
23Subject to item 49, preparation for an application which is uncontested.............. $200.00
24Subject to item 49, preparation for an application which is contested, preparation fees prescribed by items 1 to 12.
Adoption Proceedings and
Change of Name Proceedings
25For all services in an uncontested adoption proceeding.............. $125.00
26For all services on application for a change of name under the Change of Name Act..............$125.00
Small Claims
27Preparation of -
(a) Claim.............. $20.00
(b) Dispute Note.............. $20.00
28Attendance at hearing.............. $ 40.00
Quasi-Judicial or Administrative
Boards or Commissions
29Preliminary interviews, advising and receiving instructions, preparation and correspondence, maximum of five hours.
30Counsel fee at hearing, prescribed hourly rate.
Bankruptcy
31Proceedings for all necessary professional services in bankruptcy proceedings including correspondence, subsequent to a receiving order or an authorized assignment, maximum of two hours.
Estate and Probate Matters
32Where any matter is uncontested, fees in accordance with the tariff of fees to be allowed solicitors under the Probate Court Act.
33Where any matter is contested, preparation fees prescribed by items 1 to 12.
Appeals to The Court of Queen’s Bench of New Brunswick, Trial Division or to the Federal Court
34Preparation fee, prescribed hourly rate to a maximum of five hours.
35Counsel fee on appeal, prescribed hourly rate.
Appeals to The Court of Appeal of New Brunswick or to the Federal Court of Appeal
36Proceedings preliminary to preparation of the Appeal Book and Appellant’s Submission or of the Respondent’s Submission -
(a) party appealing.............. $90.00
(b) respondent.............. $50.00
37Preparation of the Appeal Book and Appellant’s Submission or of the Respondent’s Submission, prescribed hourly rate to a maximum of ten hours.
38Counsel fee on appeal, prescribed hourly rate.
Appeals to the Supreme Court of Canada
39Drawing application for leave to appeal, notice of appeal, preparation of appeal case, including statement of points of fact and law and all other necessary preparation -
(a) maximum preparation time allowed for leave to appeal,
(i) to party appealing.............. fifteen hours,
(ii) to respondent.............. five hours;
(b) maximum preparation time allowed for appeal,
(i) to party appealing.............. thirty-five hours,
(ii) to respondent.............. fifteen hours.
40Counsel fee on application for leave to appeal, prescribed hourly rate.
41Counsel fee on appeal, prescribed hourly rate.
42Attendance on motion, the fee prescribed by item 9.
Other Matters
43For drawing documents wherever the subject matter or nature thereof is properly or customarily within the scope of the professional duties of a solicitor, preparation fee at the prescribed hourly rate.
44The Provincial Director may allow a fee to a solicitor for the preparation of an opinion, for an additional opinion or for his attendance to make further submissions when requested by the area committee or the area director.
45An allowance may be made for time spent in travelling, to a maximum of six hours per day, at a rate of forty-five dollars per hour where the solicitor satisfies the Provincial Director that the travel was reasonable and necessary under the circumstances, but in no case shall an allowance be made where the distance travelled is less than sixteen kilometres from the solicitor’s office.
46Subject to item 47, in any matter, proceeding, motion or appeal, not dealt with by this Schedule of Fees, the Provincial Director shall allow a reasonable fee and in determining the fee properly payable in respect of such matter, proceeding, motion or appeal, the Provincial Director shall have regard to the Schedule of Fees herein for comparable services.
47No fee shall be allowed for attendance at an adjournment unless the Provincial Director is of the opinion that such attendance and such adjournment were reasonable under all the circumstances.
48Written argument whenever ordered by a Judge, preparation fee at the prescribed hourly rate to a maximum of ten hours. Copy of argument must be attached in all cases.
49No fee shall be allowed for services provided for a person applying under the Child and Family Services and Family Relations Act for an order for support.
50No fee shall be allowed for services where the Crown is available to provide similar services.
PART IV
NOTES
Unless otherwise expressed, the following notes apply to Parts I, II and III wherever the Provincial Director considers it appropriate, taking into consideration the nature of the proceeding:
A.The fees provided for in Parts I and III shall normally apply for the legal aid covered thereby, but they may be increased by the Provincial Director in those cases where, in his opinion, an increase is justified, having regard to all the circumstances including the nature of the civil case, the nature of the offence, the complexity of the case and any other factor which would warrant an increased fee.
B.Where a trial or a hearing extends over two or more days, the Provincial Director may allow payment for reasonable and necessary preparation during the course of the trial or the hearing.
C.The solicitor shall prepare the solicitor’s account in accordance with the tariffs under this Schedule.
D.The Provincial Director may disallow payment in whole or in part of an account.
E.The Provincial Director may require proof and justification of all items included in an account, either by the production of time document entries or otherwise.
F.Where a solicitor represents two or more persons in proceedings arising out of the same circumstances, the solicitor is entitled to fees as for one client on one claim and such additional fees as may be appropriate to note I.
G.Repealed: 90-7
H.With regards to a civil matter, if an application for leave to appeal and the hearing of the appeal are heard at approximately the same time, the solicitor is entitled to fees for the appeal only.
I.With regards to a civil matter, where a solicitor can readily ascertain that the services authorized by a certificate, in the specific circumstances of a case, are sufficiently unusual or unique that the maximum allowed by the tariff is clearly inadequate, he shall forthwith advise the Provincial Director of the details of the case and an estimate of the time and services required in his opinion and where a solicitor fails to do so, this will be a factor in the settlement of the solicitor’s account.
J.The Provincial Director may allow interim billing, respecting an account for services which are ongoing and may allow payment for that part of the account.
90-7
PART V
FEES FOR SOLICITORS PROVIDING
SERVICES OF LAW CLERKS, ARTICLED
STUDENTS AND INVESTIGATORS
Fees for law clerks, articled students and investigators in the full- time employ of the solicitor, per hour.............. $15.00
Where Parts I and III provide a block fee for a particular service, the fee payable for such service shall be deemed to include any services provided by any one or more of a law clerk, articled student and investigator. Where all of such service has been provided by any one or more of such persons, the fee payable for such service is the lesser of the block fee or the amount produced by the application of the above hourly rate.
PART VI
SOLICITOR’S OUT-OF-POCKET DISBURSEMENTS
Every solicitor who has rendered legal aid shall be entitled to be paid in accordance with this Regulation the following out-of-pocket disbursements actually and reasonably incurred:
(a) disbursements, not being witness fees, required or permitted to be made pursuant to any statute, rule having statutory authority, regulation or order-in-council;
(b) subject to paragraph (h), witness fees and travelling expenses of witnesses in accordance with the statute, rule or regulation under which the proceeding is brought, and if no provision is made therein for witness fees, then in accordance with the Rules of Court; where a witness must be brought from outside the Province the prior approval of the Provincial Director must be obtained;
(c) fees payable to a court stenographer for a transcript of evidence taken on a preliminary inquiry, reasons for judgment or evidence for use on an appeal authorized by this Regulation to be taken;
(d) a solicitor’s travelling expenses where the distance travelled exceeds sixteen kilometres from his office;
(e) long distance telephone and telegraph charges;
(f) the fees and out-of-pocket disbursements of his out-of-town agent in New Brunswick for routine attendances and services except where the agent is acting as counsel;
(g) postage or express charges on the shipment of parcels of documents, transcripts of evidence or exhibits for use on an application to court or chambers or on an appeal;
(h) with the prior approval of the Provincial Director, the services of a person entitled by law or practice to give expert or opinion evidence may be engaged and the reasonable and proper fees paid therefor at the rate specified by the Provincial Director; and
(i) with the approval of the Provincial Director, any other proper out-of-pocket disbursements, including any deposit or other payment that may be required, made in furtherance of the proceeding or matter, which approval shall, except in an emergency, be obtained prior to such out-of-pocket disbursements being made.
2009-150
SCHEDULE C
LEGAL AID TARIFF
90-7
PART I
FEES IN CRIMINAL MATTERS INDICTABLE OFFENCES
Indictable Offences within the exclusive jurisdiction of The Court of Queen’s Bench of New Brunswick under section 469 of the Criminal Code (Canada)
1Preparation for preliminary inquiry and preparation for trial including interviews with the accused and witnesses -
(a) per hour
(i) solicitors with less than 2 full years of membership in the Law Society.............. $48.00
(ii) solicitors with 2 full years and less than 5 full years of membership in the Law Society .............. $54.00
(iii) solicitors with 5 full years or more of membership in the Law Society.............. $60.00
(b) to a maximum of:
(i) for first and second degree murder.............. $2,219.00
(ii) for all others.............. $1,187.00
2Counsel fee at preliminary inquiry -
  per half day.............. $144.00
3Counsel fee at trial -
(a) per half day.............. $252.00
(b) junior counsel with approval of the Provincial Director -
  per half day.............. $72.00
Indictable Offences other than those within the exclusive jurisdiction of The Court of Queen’s Bench of New Brunswick under section 469 of the Criminal Code (Canada) -
4Preparation for preliminary inquiry, where applicable, and preparation for trial, including interviews with the accused and witnesses -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of:
(i) for attempted murder.............. $1,187.00
(ii) for manslaughter.............. $1,187.00
(iii) for sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, or aggravated sexual assault.............. $1,187.00
(iv) for criminal negligence causing death.............. $1,187.00
(v) for armed robbery.............. $1,187.00
(vi) all others.............. $1,032.00
5Counsel fee at preliminary inquiry -
  per half day.............. $108.00
6Counsel fee at trial in The Court of Queen’s Bench of New Brunswick -
  per half day.............. $180.00
7Counsel fee at trial before a judge of The Court of Queen’s Bench of New Brunswick without a jury or a judge of the Provincial Court under Part XIX of the Criminal Code (Canada), other than in respect of trials for offences under section 553 -
  per half day.............. $144.00
8Where the trial is before a judge of the Provincial Court for an offence under section 553 of the Criminal Code (Canada) -
(a) for all services, including attendances for adjournment, applications for bail, preparation for trial and counsel fee at trial.............. $360.00
(b) where a plea of guilty is entered, for all services .............. $144.00
Application for Bail or Reduction of Bail on behalf of a person charged with an Indictable Offence -
9Application under section 522 of the Criminal Code (Canada) to a judge of The Court of Queen’s Bench of New Brunswick, for all services incidental to the application, including drawing notice of motion, affidavits, attendances, justifications by surety or sureties or entering into recognizance -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $281.00
10When application for bail is made before a judge of the Provincial Court for the services referred to in item 9 of this Part -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $234.00
Adjournments -
11Attendance on any necessary adjournment..............$50.00
(A solicitor is not entitled to a fee for more than one adjournment before the same judge obtained during the same half day)
Preventive Detention -
12Preparation for an application under sections 753 and 754 under the Criminal Code (Canada), for preventive detention including interviews and other necessary services -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $1,187.00
13Counsel fee on application -
  per half day.............. $180.00
Appeals to The Court of Appeal of New Brunswick -
14Drawing and filing Notice of Appeal and supporting documentation.............. $108.00
15Preparation, including Statement of Points of Law and Fact intended to be argued, where appeal is against sentence only -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $258.00
16Preparation, including Statement of Points of Law and Fact intended to be argued and including supplementary Notice of Appeal, where appeal is against conviction and sentence or conviction only -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $516.00
17Counsel fee on appeal -
  per half day.............. $216.00
Appeals to the Supreme Court of Canada in respect of all matters -
18Fee for
(a) drawing Application for Leave to Appeal and preparing case.............. $108.00
(b) preparation, including Statement of Points of Law and Fact, on Application for Leave to Appeal -
(i) per hour
  - the fees set out in item 1(a) of this Part
(ii) to a maximum of.............. $774.00
19Application before a judge for admission to bail including drawing of Notice of Motion, affidavits, attendances incidental to the application, preparation of recognizances, execution thereof and justification by surety or sureties -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $310.00
20Drawing, filing and serving Notice of Appeal.............. $216.00
21Preparation including factum -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $1,290.00
22Counsel fee on Appeal and Leave to Appeal -
  per half day.............. $252.00
SUMMARY CONVICTION OFFENCES
23Fee
(a) for all services in respect of offences triable on indictment or on summary conviction, e.g. dangerous operation of a motor vehicle, where the Crown elects to proceed as for a summary conviction offence, including all attendances for adjournment, application for bail, preparation and counsel fee at trial.............. $288.00
(b) where a plea of guilty is entered, for all services .............. $144.00
24Fee
(a) for all other summary conviction offences and for provincial offences, including attendances for adjournments, application for bail, preparation and counsel fee at trial.............. $216.00
(b) where a plea of guilty is entered, for all services .............. $144.00
25Appeal from a summary conviction or from a conviction of provincial offence by way of trial de novo, stated case or other review, including preparation of necessary documentation, application, attendances, preparation for appeal and counsel fee -
(a) preparation per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $294.00
(c) counsel fee per half day.............. $216.00
26Application to a judge for bail pending appeal, including all material, preparation, attendances, preparing recognizance and justification of sureties.............. $252.00
YOUNG OFFENDERS ACT (CANADA)
Proceedings and Prosecutions under the Young Offenders Act (Canada) -
27Fees in respect of all matters other than appeals to be in the discretion of the Provincial Director who shall take into consideration the fees set out in this Part according to the circumstances out of which the proceedings or prosecution arose.
Appeals under the Young Offenders Act (Canada) -
28Preparation and service of Notice of Application for Leave to Appeal.............. $ 72.00
29Counsel fee on Application for Leave to Appeal and on appeal before The Court of Appeal of New Brunswick -
(a) preparation and service of Notice of Application for Leave to Appeal.............. $ 50.00
(b) preparation of Application for Leave to Appeal including preparation of Memorandum of Fact and Law -
(i) per hour
  - the fees set out in item 1(a) of this Part
(ii) to a maximum of.............. $294.00
(c) counsel fee on Application for Leave to Appeal -
  per half day.............. $216.00
(d) preparation and service of Notice of Appeal.............. $72.00
(e) preparation of appeal, including Memorandum of Fact and Law -
(i) per hour
  - the fees set out in item 1(a) of this Part
(ii) to a maximum of.............. $294.00
(f) counsel fee on appeal -
  per half day.............. $216.00
EXTRAORDINARY REMEDIES
Certiorari, Habeas Corpus, Motion to Quash, Mandamus and Prohibition -
30Preparation, including preparing, serving and filing Notice of Motion, affidavits and all other necessary material and counsel fee on hearing the motion..............$576.00
EXTRADITION AND FUGITIVE OFFENDERS
31Attendance for necessary adjournment before the judge.............. $36.00
32Preparation for hearing -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $444.00
33Counsel fee on hearing -
  per half day.............. $216.00
OTHER MATTERS
34When requested by the area director or the area committee, the Provincial Director may allow a fee to a solicitor for the preparation of an opinion, for an additional opinion or for attendance of the solicitor to make further submissions.
35An allowance may be made for time spent in travelling, up to a maximum of six hours per day, at a rate of $43.00 per hour where the solicitor satisfies the Provincial Director that the travel was reasonable and necessary under the circumstances, but in no case shall an allowance be made where the distance travelled is less than sixteen kilometres from the solicitor’s office.
36In a matter, proceeding, action or appeal not dealt with in this Part, the Provincial Director shall allow a reasonable fee and in determining the fee properly payable in respect of such matter, proceeding, action or appeal, the Provincial Director shall have regard to the fees in this Part for comparable services.
90-7
PART II
FEES FOR DUTY COUNSEL
IN CRIMINAL MATTERS
1For performance of duties as duty counsel under sections 59 and 62 of this Regulation -
(a) per hour
  - the fees set out in item 1(a) of Part I
(b) to a maximum of $187.00 per day, except where an increase is approved by the Provincial Director.
2An allowance may be made for the time reasonably and properly spent by a solicitor in travelling to and from the place where the duties of the solicitor are performed in accordance with item 35 of Part I.
90-7
PART III
FEES IN CIVIL MATTERS
The basic rate is forty-three dollars per hour including performance of duties of civil duty counsel.
The Court of Queen’s Bench of New Brunswick, Trial Division, the Federal Court, other actions and applications -
1For any action from commencement to conclusion leading to a default judgment, including all interviews and entry of judgment, and assignment to legal aid, the sum of two hundred dollars.
2Preliminary interviews, advising and receiving instructions for the commencement or defence of a proceeding, maximum of one and one-half hours.
3Preparation and delivery of all pleadings leading to trial or of all notices and affidavits leading to hearing, maximum of three hours.
4Preparation of Affidavit of Documents, maximum of two hours.
5Preparation for examination for discovery, maximum of one hour for each hour of the examination for discovery.
6Attendance on examination for discovery, the prescribed hourly rate with minimal allowance of one hour.
7Motions -
(a) where there is an uncontested motion or a motion is made without notice, all services including preparation of Notice of Motion or Notice of Preliminary Motion, maximum of three hours;
(b) where there is a contested motion, all services including preparation of Notice of Motion or Notice of Preliminary Motion, maximum of five hours.
8All other preliminary matters for preparation for a trial or hearing, including necessary correspondence, negotiations and adjournments, attendance at a pre-trial conference and preparation during the trial or hearing, maximum of ten hours for each of the first two days of the trial or hearing and five hours for each succeeding day of the trial or hearing.
9Trial record and setting down for trial, preparing, serving and filing Notice of Trial and attendance at opening -
(a) party having carriage of action.............. $125.00
(b) all other parties.............. $65.00
10Counsel fee at trial or hearing, the prescribed hourly rate.
11Matters subsequent to trial or hearing -
(a) correspondence, preparing, settling, signing and entering judgment and filing a Memorandum of Satisfaction of Judgment.............. $65.00
(b) correspondence, preparing, settling, signing and entering order subsequent to a hearing.............. $65.00
(c) preparation for and attendance on an assessment of a bill of costs, correspondence, maximum of two hours.
12Enforcement of Judgment or Order -
(a) issuing an enforcement order and filing with a sheriff.............. $45.00
(b) each proceeding under the Arrest and Examinations Act, Garnishee Act or any other proceedings with respect to enforcing a judgment or an order including necessary searches .............. $125.00
Uncontested Matrimonial
13Undefended Divorce Proceedings -
(a) all matters including preliminary attendances, preparing and presenting a Petition for Divorce, services, all other necessary matters preliminary to trial, including correspondence, motions, discovery, preparation for trial, setting down for trial, counsel fee at trial and all necessary matters subsequent to trial, including obtaining Decree Absolute, costs, attendance on an assessment of a bill of costs and issuing an Order for Seizure and Sale.............. $300.00
(b) motion for substituted service or motion for extension of time for service of a Petition for Divorce.............. $65.00
14Advising a respondent, person-named or child of the marriage in an undefended divorce proceeding in respect to all necessary matters including all court attendances, prescribed hourly rate to a maximum of four hours.
Contested Matrimonial
15Preparation for contested matrimonial preparation fees prescribed by items 1 to 12.
16Variation of Decree Nisi -
(a) where uncontested, maximum of three hours;
(b) where contested, maximum of five hours.
17Enforcement of Order -
(a) issuing an Order for Seizure and Sale under Rule 72.25 of the Rules of Court, preparation fees as prescribed by item 12;
(b) each application under Rule 72.25 of the Rules of Court.............. $125.00
Applications under the Marital Property Act
18All preparations including preliminary interviews, correspondence, preparation of financial statements and other required documents and interim applications and preparation for trial, maximum of six hours for the first one-half day of trial and three hours for each succeeding one-half day of trial.
19Counsel fee at trial on contested basis, prescribed hourly rate.
20Counsel fee where the trial is uncontested or where a consent order is made, as to all claims.............. $125.00
21Preparation for all other proceedings, preparation fees prescribed by items 2 to 12.
Separation Agreements and Domestic Contracts
22All services for negotiating, drafting and settling a marital separation agreement, a domestic contract or both.............. $150.00
Proceedings under the Child and Family
Services and Family Relations Act
23Subject to item 49, preparation for an application which is uncontested.............. $200.00
24Subject to item 49, preparation for an application which is contested, preparation fees prescribed by items 1 to 12.
Adoption Proceedings and
Change of Name Proceedings
25For all services in an uncontested adoption proceeding.............. $125.00
26For all services on application for a change of name under the Change of Name Act..............$125.00
Small Claims
27Preparation of -
(a) Claim.............. $20.00
(b) Dispute Note.............. $20.00
28Attendance at hearing.............. $ 40.00
Quasi-Judicial or Administrative
Boards or Commissions
29Preliminary interviews, advising and receiving instructions, preparation and correspondence, maximum of five hours.
30Counsel fee at hearing, prescribed hourly rate.
Bankruptcy
31Proceedings for all necessary professional services in bankruptcy proceedings including correspondence, subsequent to a receiving order or an authorized assignment, maximum of two hours.
Estate and Probate Matters
32Where any matter is uncontested, fees in accordance with the tariff of fees to be allowed solicitors under the Probate Court Act.
33Where any matter is contested, preparation fees prescribed by items 1 to 12.
Appeals to The Court of Queen’s Bench of New Brunswick, Trial Division or to the Federal Court
34Preparation fee, prescribed hourly rate to a maximum of five hours.
35Counsel fee on appeal, prescribed hourly rate.
Appeals to The Court of Appeal of New Brunswick or to the Federal Court of Appeal
36Proceedings preliminary to preparation of the Appeal Book and Appellant’s Submission or of the Respondent’s Submission -
(a) party appealing.............. $90.00
(b) respondent.............. $50.00
37Preparation of the Appeal Book and Appellant’s Submission or of the Respondent’s Submission, prescribed hourly rate to a maximum of ten hours.
38Counsel fee on appeal, prescribed hourly rate.
Appeals to the Supreme Court of Canada
39Drawing application for leave to appeal, notice of appeal, preparation of appeal case, including statement of points of fact and law and all other necessary preparation -
(a) maximum preparation time allowed for leave to appeal,
(i) to party appealing.............. fifteen hours,
(ii) to respondent.............. five hours;
(b) maximum preparation time allowed for appeal,
(i) to party appealing.............. thirty-five hours,
(ii) to respondent.............. fifteen hours.
40Counsel fee on application for leave to appeal, prescribed hourly rate.
41Counsel fee on appeal, prescribed hourly rate.
42Attendance on motion, the fee prescribed by item 9.
Other Matters
43For drawing documents wherever the subject matter or nature thereof is properly or customarily within the scope of the professional duties of a solicitor, preparation fee at the prescribed hourly rate.
44The Provincial Director may allow a fee to a solicitor for the preparation of an opinion, for an additional opinion or for his attendance to make further submissions when requested by the area committee or the area director.
45An allowance may be made for time spent in travelling, to a maximum of six hours per day, at a rate of forty-five dollars per hour where the solicitor satisfies the Provincial Director that the travel was reasonable and necessary under the circumstances, but in no case shall an allowance be made where the distance travelled is less than sixteen kilometres from the solicitor’s office.
46Subject to item 47, in any matter, proceeding, motion or appeal, not dealt with by this Schedule of Fees, the Provincial Director shall allow a reasonable fee and in determining the fee properly payable in respect of such matter, proceeding, motion or appeal, the Provincial Director shall have regard to the Schedule of Fees herein for comparable services.
47No fee shall be allowed for attendance at an adjournment unless the Provincial Director is of the opinion that such attendance and such adjournment were reasonable under all the circumstances.
48Written argument whenever ordered by a Judge, preparation fee at the prescribed hourly rate to a maximum of ten hours. Copy of argument must be attached in all cases.
49No fee shall be allowed for services provided for a person applying under the Child and Family Services and Family Relations Act for an order for support.
50No fee shall be allowed for services where the Crown is available to provide similar services.
PART IV
NOTES
Unless otherwise expressed, the following notes apply to Parts I, II and III wherever the Provincial Director considers it appropriate, taking into consideration the nature of the proceeding:
A.The fees provided for in Parts I and III shall normally apply for the legal aid covered thereby, but they may be increased by the Provincial Director in those cases where, in his opinion, an increase is justified, having regard to all the circumstances including the nature of the civil case, the nature of the offence, the complexity of the case and any other factor which would warrant an increased fee.
B.Where a trial or a hearing extends over two or more days, the Provincial Director may allow payment for reasonable and necessary preparation during the course of the trial or the hearing.
C.The solicitor shall prepare the solicitor’s account in accordance with the tariffs under this Schedule.
D.The Provincial Director may disallow payment in whole or in part of an account.
E.The Provincial Director may require proof and justification of all items included in an account, either by the production of time document entries or otherwise.
F.Where a solicitor represents two or more persons in proceedings arising out of the same circumstances, the solicitor is entitled to fees as for one client on one claim and such additional fees as may be appropriate to note I.
G.Repealed: 90-7
H.With regards to a civil matter, if an application for leave to appeal and the hearing of the appeal are heard at approximately the same time, the solicitor is entitled to fees for the appeal only.
I.With regards to a civil matter, where a solicitor can readily ascertain that the services authorized by a certificate, in the specific circumstances of a case, are sufficiently unusual or unique that the maximum allowed by the tariff is clearly inadequate, he shall forthwith advise the Provincial Director of the details of the case and an estimate of the time and services required in his opinion and where a solicitor fails to do so, this will be a factor in the settlement of the solicitor’s account.
J.The Provincial Director may allow interim billing, respecting an account for services which are ongoing and may allow payment for that part of the account.
90-7
PART V
FEES FOR SOLICITORS PROVIDING
SERVICES OF LAW CLERKS, ARTICLED
STUDENTS AND INVESTIGATORS
Fees for law clerks, articled students and investigators in the full- time employ of the solicitor, per hour.............. $15.00
Where Parts I and III provide a block fee for a particular service, the fee payable for such service shall be deemed to include any services provided by any one or more of a law clerk, articled student and investigator. Where all of such service has been provided by any one or more of such persons, the fee payable for such service is the lesser of the block fee or the amount produced by the application of the above hourly rate.
PART VI
SOLICITOR’S OUT-OF-POCKET DISBURSEMENTS
Every solicitor who has rendered legal aid shall be entitled to be paid in accordance with this Regulation the following out-of-pocket disbursements actually and reasonably incurred:
(a) disbursements, not being witness fees, required or permitted to be made pursuant to any statute, rule having statutory authority, regulation or order-in-council;
(b) subject to paragraph (h), witness fees and travelling expenses of witnesses in accordance with the statute, rule or regulation under which the proceeding is brought, and if no provision is made therein for witness fees, then in accordance with the Rules of Court; where a witness must be brought from outside the Province the prior approval of the Provincial Director must be obtained;
(c) fees payable to a court stenographer for a transcript of evidence taken on a preliminary inquiry, reasons for judgment or evidence for use on an appeal authorized by this Regulation to be taken;
(d) a solicitor’s travelling expenses where the distance travelled exceeds sixteen kilometres from his office;
(e) long distance telephone and telegraph charges;
(f) the fees and out-of-pocket disbursements of his out-of-town agent in New Brunswick for routine attendances and services except where the agent is acting as counsel;
(g) postage or express charges on the shipment of parcels of documents, transcripts of evidence or exhibits for use on an application to court or chambers or on an appeal;
(h) with the prior approval of the Provincial Director, the services of a person entitled by law or practice to give expert or opinion evidence may be engaged and the reasonable and proper fees paid therefor at the rate specified by the Provincial Director; and
(i) with the approval of the Provincial Director, any other proper out-of-pocket disbursements, including any deposit or other payment that may be required, made in furtherance of the proceeding or matter, which approval shall, except in an emergency, be obtained prior to such out-of-pocket disbursements being made.
2009-150
SCHEDULE C
LEGAL AID TARIFF
90-7
PART I
FEES IN CRIMINAL MATTERS INDICTABLE OFFENCES
Indictable Offences within the exclusive jurisdiction of The Court of Queen’s Bench of New Brunswick under section 469 of the Criminal Code (Canada)
1Preparation for preliminary inquiry and preparation for trial including interviews with the accused and witnesses -
(a) per hour
(i) solicitors with less than 2 full years of membership in the Law Society.............. $48.00
(ii) solicitors with 2 full years and less than 5 full years of membership in the Law Society .............. $54.00
(iii) solicitors with 5 full years or more of membership in the Law Society.............. $60.00
(b) to a maximum of:
(i) for first and second degree murder.............. $2,219.00
(ii) for all others.............. $1,187.00
2Counsel fee at preliminary inquiry -
  per half day.............. $144.00
3Counsel fee at trial -
(a) per half day.............. $252.00
(b) junior counsel with approval of the Provincial Director -
  per half day.............. $72.00
Indictable Offences other than those within the exclusive jurisdiction of The Court of Queen’s Bench of New Brunswick under section 469 of the Criminal Code (Canada) -
4Preparation for preliminary inquiry, where applicable, and preparation for trial, including interviews with the accused and witnesses -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of:
(i) for attempted murder.............. $1,187.00
(ii) for manslaughter.............. $1,187.00
(iii) for sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, or aggravated sexual assault.............. $1,187.00
(iv) for criminal negligence causing death.............. $1,187.00
(v) for armed robbery.............. $1,187.00
(vi) all others.............. $1,032.00
5Counsel fee at preliminary inquiry -
  per half day.............. $108.00
6Counsel fee at trial in The Court of Queen’s Bench of New Brunswick -
  per half day.............. $180.00
7Counsel fee at trial before a judge of The Court of Queen’s Bench of New Brunswick without a jury or a judge of the Provincial Court under Part XIX of the Criminal Code (Canada), other than in respect of trials for offences under section 553 -
  per half day.............. $144.00
8Where the trial is before a judge of the Provincial Court for an offence under section 553 of the Criminal Code (Canada) -
(a) for all services, including attendances for adjournment, applications for bail, preparation for trial and counsel fee at trial.............. $360.00
(b) where a plea of guilty is entered, for all services .............. $144.00
Application for Bail or Reduction of Bail on behalf of a person charged with an Indictable Offence -
9Application under section 522 of the Criminal Code (Canada) to a judge of The Court of Queen’s Bench of New Brunswick, for all services incidental to the application, including drawing notice of motion, affidavits, attendances, justifications by surety or sureties or entering into recognizance -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $281.00
10When application for bail is made before a judge of the Provincial Court for the services referred to in item 9 of this Part -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $234.00
Adjournments -
11Attendance on any necessary adjournment..............$50.00
(A solicitor is not entitled to a fee for more than one adjournment before the same judge obtained during the same half day)
Preventive Detention -
12Preparation for an application under sections 753 and 754 under the Criminal Code (Canada), for preventive detention including interviews and other necessary services -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $1,187.00
13Counsel fee on application -
  per half day.............. $180.00
Appeals to The Court of Appeal of New Brunswick -
14Drawing and filing Notice of Appeal and supporting documentation.............. $108.00
15Preparation, including Statement of Points of Law and Fact intended to be argued, where appeal is against sentence only -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $258.00
16Preparation, including Statement of Points of Law and Fact intended to be argued and including supplementary Notice of Appeal, where appeal is against conviction and sentence or conviction only -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $516.00
17Counsel fee on appeal -
  per half day.............. $216.00
Appeals to the Supreme Court of Canada in respect of all matters -
18Fee for
(a) drawing Application for Leave to Appeal and preparing case.............. $108.00
(b) preparation, including Statement of Points of Law and Fact, on Application for Leave to Appeal -
(i) per hour
  - the fees set out in item 1(a) of this Part
(ii) to a maximum of.............. $774.00
19Application before a judge for admission to bail including drawing of Notice of Motion, affidavits, attendances incidental to the application, preparation of recognizances, execution thereof and justification by surety or sureties -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $310.00
20Drawing, filing and serving Notice of Appeal.............. $216.00
21Preparation including factum -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $1,290.00
22Counsel fee on Appeal and Leave to Appeal -
  per half day.............. $252.00
SUMMARY CONVICTION OFFENCES
23Fee
(a) for all services in respect of offences triable on indictment or on summary conviction, e.g. dangerous operation of a motor vehicle, where the Crown elects to proceed as for a summary conviction offence, including all attendances for adjournment, application for bail, preparation and counsel fee at trial.............. $288.00
(b) where a plea of guilty is entered, for all services .............. $144.00
24Fee
(a) for all other summary conviction offences and for provincial offences, including attendances for adjournments, application for bail, preparation and counsel fee at trial.............. $216.00
(b) where a plea of guilty is entered, for all services .............. $144.00
25Appeal from a summary conviction or from a conviction of provincial offence by way of trial de novo, stated case or other review, including preparation of necessary documentation, application, attendances, preparation for appeal and counsel fee -
(a) preparation per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $294.00
(c) counsel fee per half day.............. $216.00
26Application to a judge for bail pending appeal, including all material, preparation, attendances, preparing recognizance and justification of sureties.............. $252.00
YOUNG OFFENDERS ACT (CANADA)
Proceedings and Prosecutions under the Young Offenders Act (Canada) -
27Fees in respect of all matters other than appeals to be in the discretion of the Provincial Director who shall take into consideration the fees set out in this Part according to the circumstances out of which the proceedings or prosecution arose.
Appeals under the Young Offenders Act (Canada) -
28Preparation and service of Notice of Application for Leave to Appeal.............. $ 72.00
29Counsel fee on Application for Leave to Appeal and on appeal before The Court of Appeal of New Brunswick -
(a) preparation and service of Notice of Application for Leave to Appeal.............. $ 50.00
(b) preparation of Application for Leave to Appeal including preparation of Memorandum of Fact and Law -
(i) per hour
  - the fees set out in item 1(a) of this Part
(ii) to a maximum of.............. $294.00
(c) counsel fee on Application for Leave to Appeal -
  per half day.............. $216.00
(d) preparation and service of Notice of Appeal.............. $72.00
(e) preparation of appeal, including Memorandum of Fact and Law -
(i) per hour
  - the fees set out in item 1(a) of this Part
(ii) to a maximum of.............. $294.00
(f) counsel fee on appeal -
  per half day.............. $216.00
EXTRAORDINARY REMEDIES
Certiorari, Habeas Corpus, Motion to Quash, Mandamus and Prohibition -
30Preparation, including preparing, serving and filing Notice of Motion, affidavits and all other necessary material and counsel fee on hearing the motion..............$576.00
EXTRADITION AND FUGITIVE OFFENDERS
31Attendance for necessary adjournment before the judge.............. $36.00
32Preparation for hearing -
(a) per hour
  - the fees set out in item 1(a) of this Part
(b) to a maximum of.............. $444.00
33Counsel fee on hearing -
  per half day.............. $216.00
OTHER MATTERS
34When requested by the area director or the area committee, the Provincial Director may allow a fee to a solicitor for the preparation of an opinion, for an additional opinion or for attendance of the solicitor to make further submissions.
35An allowance may be made for time spent in travelling, up to a maximum of six hours per day, at a rate of $43.00 per hour where the solicitor satisfies the Provincial Director that the travel was reasonable and necessary under the circumstances, but in no case shall an allowance be made where the distance travelled is less than sixteen kilometres from the solicitor’s office.
36In a matter, proceeding, action or appeal not dealt with in this Part, the Provincial Director shall allow a reasonable fee and in determining the fee properly payable in respect of such matter, proceeding, action or appeal, the Provincial Director shall have regard to the fees in this Part for comparable services.
90-7
PART II
FEES FOR DUTY COUNSEL
IN CRIMINAL MATTERS
1For performance of duties as duty counsel under sections 59 and 62 of this Regulation -
(a) per hour
  - the fees set out in item 1(a) of Part I
(b) to a maximum of $187.00 per day, except where an increase is approved by the Provincial Director.
2An allowance may be made for the time reasonably and properly spent by a solicitor in travelling to and from the place where the duties of the solicitor are performed in accordance with item 35 of Part I.
90-7
PART III
FEES IN CIVIL MATTERS
The basic rate is forty-three dollars per hour including performance of duties of civil duty counsel.
The Court of Queen’s Bench of New Brunswick, Trial Division, the Federal Court, other actions and applications -
1For any action from commencement to conclusion leading to a default judgment, including all interviews and entry of judgment, and assignment to legal aid, the sum of two hundred dollars.
2Preliminary interviews, advising and receiving instructions for the commencement or defence of a proceeding, maximum of one and one-half hours.
3Preparation and delivery of all pleadings leading to trial or of all notices and affidavits leading to hearing, maximum of three hours.
4Preparation of Affidavit of Documents, maximum of two hours.
5Preparation for examination for discovery, maximum of one hour for each hour of the examination for discovery.
6Attendance on examination for discovery, the prescribed hourly rate with minimal allowance of one hour.
7Motions -
(a) where there is an uncontested motion or a motion is made without notice, all services including preparation of Notice of Motion or Notice of Preliminary Motion, maximum of three hours;
(b) where there is a contested motion, all services including preparation of Notice of Motion or Notice of Preliminary Motion, maximum of five hours.
8All other preliminary matters for preparation for a trial or hearing, including necessary correspondence, negotiations and adjournments, attendance at a pre-trial conference and preparation during the trial or hearing, maximum of ten hours for each of the first two days of the trial or hearing and five hours for each succeeding day of the trial or hearing.
9Trial record and setting down for trial, preparing, serving and filing Notice of Trial and attendance at opening -
(a) party having carriage of action.............. $125.00
(b) all other parties.............. $65.00
10Counsel fee at trial or hearing, the prescribed hourly rate.
11Matters subsequent to trial or hearing -
(a) correspondence, preparing, settling, signing and entering judgment and filing a Memorandum of Satisfaction of Judgment.............. $65.00
(b) correspondence, preparing, settling, signing and entering order subsequent to a hearing.............. $65.00
(c) preparation for and attendance on an assessment of a bill of costs, correspondence, maximum of two hours.
12Enforcement of Judgment or Order -
(a) issuing an enforcement order and filing with a sheriff.............. $45.00
(b) each proceeding under the Arrest and Examinations Act, Garnishee Act or any other proceedings with respect to enforcing a judgment or an order including necessary searches .............. $125.00
Uncontested Matrimonial
13Undefended Divorce Proceedings -
(a) all matters including preliminary attendances, preparing and presenting a Petition for Divorce, services, all other necessary matters preliminary to trial, including correspondence, motions, discovery, preparation for trial, setting down for trial, counsel fee at trial and all necessary matters subsequent to trial, including obtaining Decree Absolute, costs, attendance on an assessment of a bill of costs and issuing an Order for Seizure and Sale.............. $300.00
(b) motion for substituted service or motion for extension of time for service of a Petition for Divorce.............. $65.00
14Advising a respondent, person-named or child of the marriage in an undefended divorce proceeding in respect to all necessary matters including all court attendances, prescribed hourly rate to a maximum of four hours.
Contested Matrimonial
15Preparation for contested matrimonial preparation fees prescribed by items 1 to 12.
16Variation of Decree Nisi -
(a) where uncontested, maximum of three hours;
(b) where contested, maximum of five hours.
17Enforcement of Order -
(a) issuing an Order for Seizure and Sale under Rule 72.25 of the Rules of Court, preparation fees as prescribed by item 12;
(b) each application under Rule 72.25 of the Rules of Court.............. $125.00
Applications under the Marital Property Act
18All preparations including preliminary interviews, correspondence, preparation of financial statements and other required documents and interim applications and preparation for trial, maximum of six hours for the first one-half day of trial and three hours for each succeeding one-half day of trial.
19Counsel fee at trial on contested basis, prescribed hourly rate.
20Counsel fee where the trial is uncontested or where a consent order is made, as to all claims.............. $125.00
21Preparation for all other proceedings, preparation fees prescribed by items 2 to 12.
Separation Agreements and Domestic Contracts
22All services for negotiating, drafting and settling a marital separation agreement, a domestic contract or both.............. $150.00
Proceedings under the Child and Family
Services and Family Relations Act
23Subject to item 49, preparation for an application which is uncontested.............. $200.00
24Subject to item 49, preparation for an application which is contested, preparation fees prescribed by items 1 to 12.
Adoption Proceedings and
Change of Name Proceedings
25For all services in an uncontested adoption proceeding.............. $125.00
26For all services on application for a change of name under the Change of Name Act..............$125.00
Small Claims
27Preparation of -
(a) Claim.............. $20.00
(b) Dispute Note.............. $20.00
28Attendance at hearing.............. $ 40.00
Quasi-Judicial or Administrative
Boards or Commissions
29Preliminary interviews, advising and receiving instructions, preparation and correspondence, maximum of five hours.
30Counsel fee at hearing, prescribed hourly rate.
Bankruptcy
31Proceedings for all necessary professional services in bankruptcy proceedings including correspondence, subsequent to a receiving order or an authorized assignment, maximum of two hours.
Estate and Probate Matters
32Where any matter is uncontested, fees in accordance with the tariff of fees to be allowed solicitors under the Probate Court Act.
33Where any matter is contested, preparation fees prescribed by items 1 to 12.
Appeals to The Court of Queen’s Bench of New Brunswick, Trial Division or to the Federal Court
34Preparation fee, prescribed hourly rate to a maximum of five hours.
35Counsel fee on appeal, prescribed hourly rate.
Appeals to The Court of Appeal of New Brunswick or to the Federal Court of Appeal
36Proceedings preliminary to preparation of the Appeal Book and Appellant’s Submission or of the Respondent’s Submission -
(a) party appealing.............. $90.00
(b) respondent.............. $50.00
37Preparation of the Appeal Book and Appellant’s Submission or of the Respondent’s Submission, prescribed hourly rate to a maximum of ten hours.
38Counsel fee on appeal, prescribed hourly rate.
Appeals to the Supreme Court of Canada
39Drawing application for leave to appeal, notice of appeal, preparation of appeal case, including statement of points of fact and law and all other necessary preparation -
(a) maximum preparation time allowed for leave to appeal,
(i) to party appealing.............. fifteen hours,
(ii) to respondent.............. five hours;
(b) maximum preparation time allowed for appeal,
(i) to party appealing.............. thirty-five hours,
(ii) to respondent.............. fifteen hours.
40Counsel fee on application for leave to appeal, prescribed hourly rate.
41Counsel fee on appeal, prescribed hourly rate.
42Attendance on motion, the fee prescribed by item 9.
Other Matters
43For drawing documents wherever the subject matter or nature thereof is properly or customarily within the scope of the professional duties of a solicitor, preparation fee at the prescribed hourly rate.
44The Provincial Director may allow a fee to a solicitor for the preparation of an opinion, for an additional opinion or for his attendance to make further submissions when requested by the area committee or the area director.
45An allowance may be made for time spent in travelling, to a maximum of six hours per day, at a rate of forty-five dollars per hour where the solicitor satisfies the Provincial Director that the travel was reasonable and necessary under the circumstances, but in no case shall an allowance be made where the distance travelled is less than sixteen kilometres from the solicitor’s office.
46Subject to item 47, in any matter, proceeding, motion or appeal, not dealt with by this Schedule of Fees, the Provincial Director shall allow a reasonable fee and in determining the fee properly payable in respect of such matter, proceeding, motion or appeal, the Provincial Director shall have regard to the Schedule of Fees herein for comparable services.
47No fee shall be allowed for attendance at an adjournment unless the Provincial Director is of the opinion that such attendance and such adjournment were reasonable under all the circumstances.
48Written argument whenever ordered by a Judge, preparation fee at the prescribed hourly rate to a maximum of ten hours. Copy of argument must be attached in all cases.
49No fee shall be allowed for services provided for a person applying under the Child and Family Services and Family Relations Act for an order for support.
50No fee shall be allowed for services where the Crown is available to provide similar services.
PART IV
NOTES
Unless otherwise expressed, the following notes apply to Parts I, II and III wherever the Provincial Director considers it appropriate, taking into consideration the nature of the proceeding:
A.The fees provided for in Parts I and III shall normally apply for the legal aid covered thereby, but they may be increased by the Provincial Director in those cases where, in his opinion, an increase is justified, having regard to all the circumstances including the nature of the civil case, the nature of the offence, the complexity of the case and any other factor which would warrant an increased fee.
B.Where a trial or a hearing extends over two or more days, the Provincial Director may allow payment for reasonable and necessary preparation during the course of the trial or the hearing.
C.The solicitor shall prepare the solicitor’s account in accordance with the tariffs under this Schedule.
D.The Provincial Director may disallow payment in whole or in part of an account.
E.The Provincial Director may require proof and justification of all items included in an account, either by the production of time document entries or otherwise.
F.Where a solicitor represents two or more persons in proceedings arising out of the same circumstances, the solicitor is entitled to fees as for one client on one claim and such additional fees as may be appropriate to note I.
G.Repealed: 90-7
H.With regards to a civil matter, if an application for leave to appeal and the hearing of the appeal are heard at approximately the same time, the solicitor is entitled to fees for the appeal only.
I.With regards to a civil matter, where a solicitor can readily ascertain that the services authorized by a certificate, in the specific circumstances of a case, are sufficiently unusual or unique that the maximum allowed by the tariff is clearly inadequate, he shall forthwith advise the Provincial Director of the details of the case and an estimate of the time and services required in his opinion and where a solicitor fails to do so, this will be a factor in the settlement of the solicitor’s account.
J.The Provincial Director may allow interim billing, respecting an account for services which are ongoing and may allow payment for that part of the account.
90-7
PART V
FEES FOR SOLICITORS PROVIDING
SERVICES OF LAW CLERKS, ARTICLED
STUDENTS AND INVESTIGATORS
Fees for law clerks, articled students and investigators in the full- time employ of the solicitor, per hour.............. $15.00
Where Parts I and III provide a block fee for a particular service, the fee payable for such service shall be deemed to include any services provided by any one or more of a law clerk, articled student and investigator. Where all of such service has been provided by any one or more of such persons, the fee payable for such service is the lesser of the block fee or the amount produced by the application of the above hourly rate.
PART VI
SOLICITOR’S OUT-OF-POCKET DISBURSEMENTS
Every solicitor who has rendered legal aid shall be entitled to be paid in accordance with this Regulation the following out-of-pocket disbursements actually and reasonably incurred:
(a) disbursements, not being witness fees, required or permitted to be made pursuant to any statute, rule having statutory authority, regulation or order-in-council;
(b) subject to paragraph (h), witness fees and travelling expenses of witnesses in accordance with the statute, rule or regulation under which the proceeding is brought, and if no provision is made therein for witness fees, then in accordance with the Rules of Court; where a witness must be brought from outside the Province the prior approval of the Provincial Director must be obtained;
(c) fees payable to a court reporter for a transcript of evidence taken on a preliminary inquiry, reasons for judgment or evidence for use on an appeal authorized by this Regulation to be taken;
(d) a solicitor’s travelling expenses where the distance travelled exceeds sixteen kilometres from his office;
(e) long distance telephone and telegraph charges;
(f) the fees and out-of-pocket disbursements of his out-of-town agent in New Brunswick for routine attendances and services except where the agent is acting as counsel;
(g) postage or express charges on the shipment of parcels of documents, transcripts of evidence or exhibits for use on an application to court or chambers or on an appeal;
(h) with the prior approval of the Provincial Director, the services of a person entitled by law or practice to give expert or opinion evidence may be engaged and the reasonable and proper fees paid therefor at the rate specified by the Provincial Director; and
(i) with the approval of the Provincial Director, any other proper out-of-pocket disbursements, including any deposit or other payment that may be required, made in furtherance of the proceeding or matter, which approval shall, except in an emergency, be obtained prior to such out-of-pocket disbursements being made.