This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


Legal Aid General Regulations and Tariff of Fees

R.S.N.S. 1989, c. 252
made under Section 27 of the
Legal Aid Act
O.I.C. 77-954 (August 9, 1977), N.S. Reg. 77/77
as amended up to O.I.C. 2006-54 (February 10, 2006), N.S. Reg. 12/2006

[Please note: Effective May 1, 2014, these regulations are amended by N.S. Reg. 55/2014 (O.I.C. 2014-142)]

Eligibility
1 (1) Subject to the Act, an applicant is eligible to receive civil legal aid and criminal legal aid

(a) when an applicant qualifies for benefits under the Provincial Social Assistance Act, Part II, or benefits under the Family Benefits Act; or

(b) when the obtaining of legal services outside of the legal aid plan would reduce the income of an applicant to a point whereby the applicant would qualify for benefits as per subsection [clause] 1(1)(a).

(2) A client who is eligible pursuant to subsection [clause] (1)(b) may be required by the Commission to make a contribution towards the payment of the costs of the legal services rendered on the applicant’s behalf.

(3) An applicant shall not be required to dispose of his principal place of residence or assets necessary to maintain his livelihood.
Section 1 replaced: O.I.C. 82-675, N.S. Reg. 128/82.

2 Notwithstanding Section 1, where the income of an applicant for legal aid exceeds the amounts specified in Section 1, the applicant may be declared eligible for legal aid if the applicant cannot retain counsel at his own expense without him or his dependants, if any, suffering undue financial hardship such as incurring heavy indebtedness or being required to dispose of modest necessary assets.
Section 2 replaced: O.I.C. 82-675, N.S. Reg. 128/82.

2A All payments made by the Attorney General to the Nova Scotia Legal Aid Commission from and including November 1, 1977, on behalf of a person who qualified as a person in need pursuant to the Family Benefits Act Regulations, or the Social Assistance Act, shall be deemed to be a payment of assistance under these Acts.
Section 2A added: O.I.C. 83-553, N.S. Reg. 90/83.

Application
3 Applications for legal aid shall be made in the form shown in Schedule "A".

4 Applications for legal aid shall be accepted or rejected by a solicitor employed by the Commission or the Executive Director.

Appeals to the Commission
5 Where an applicant or client wishes to appeal to the Commission pursuant to Section 25 of the Act concerning refusal, suspension or withdrawal of legal aid or concerning cancellation or amendment of a certificate of legal aid, or concerning required contributions toward the cost of legal aid, the applicant or client shall submit to the Commission a written request for a review.

6 When the Commission receives a written request for a review, the solicitor or Executive Director who made the decision to be reviewed shall forthwith submit a written report to the Commission giving reasons for his action.

7 The Commission shall consider the report of the solicitor or the Executive Director and, upon the request of the applicant or client, the Commission shall hear the applicant or client in person regarding the review.

Legal Aid services
8 An appeal against a decision, judgment, verdict or sentence of a court may be taken where, in the opinion of a solicitor employed by the Commission and the Executive Director, the appeal has merit or where the court appealed to requests the appointment of counsel.

9 Legal aid may be granted in such manner and in such matters as may from time to time be provided pursuant to any agreement respecting legal aid in force between the Government of the Province of Nova Scotia and the Government of Canada.

Terms of employment by the Commission
10 Salaries and pension, health plan, group insurance, sick leave, vacation and other benefits shall be provided to employees of the Commission on the same basis and scales as these are provided in the Department of the Attorney General [Justice].

11 The Executive Director shall be classified at the level of a Director in the Department of the Attorney General [Justice].

12 No person employed by the Commission may be a candidate in a municipal, provincial or federal election or otherwise engage in any activity which would interfere with his employment by the Commission without prior approval from the Commission.

13 No person who is a member of a city, town or municipal council, shall be employed by the Commission unless the Commission indicates by resolution it is satisfied that the duties of that office would not interfere with his employment.

14 No person who is a member of the House of Assembly or the House of Commons shall be employed by the Commission.

Tariff of fees
15 Where the Commission determines that legal aid should be provided by a lawyer in private practice who is to be compensated by the Commission, a certificate of eligibility shall be issued by the Commission.
Section 15 amended: O.I.C. 2006-54, N.S. Reg. 12/2006.

16 Compensation pursuant to a certificate of eligibility issued in a non-criminal matter shall be paid at the rate set out in the Tariff for Family Law Matters, as set out in Tariff 2 in Schedule "B".
Section 16 replaced: O.I.C. 2003-346, N.S. Reg. 142/2003; amended: O.I.C. 2006-54, N.S. Reg. 12/2006.

17 Compensation pursuant to a certificate of eligibility issued in a criminal matter shall be paid at the rate set out in the Tariff for Criminal Law Matters Involving Adults and Young Persons, as set out in Tariff 1 in Schedule "B".
Section 17 replaced: O.I.C. 2003-346, N.S. Reg. 142/2003; amended: O.I.C. 2006-54, N.S. Reg. 12/2006.

17A (1) The rate to be paid under a certificate of eligibility is the rate set out in the applicable tariff in force on the date the certificate is issued.

(2) The tariff in effect on the date the certificate is issued remains effective for that certificate until the services covered by that certificate are complete.
Section 17A added: O.I.C. 2006-54, N.S. Reg. 12/2006.

18 An account submitted by a lawyer in private practice may be taxed by the Executive Director who may determine the proper fees and disbursements to be paid by the Commission.
Section 18 amended: O.I.C. 2006-54, N.S. Reg. 12/2006.

19 A lawyer who is not satisfied with the determination of fees and disbursements may appeal to the Commission and the Commission may make a determination of proper fees and disbursements as the Commission sees fit.
Section 19 amended: O.I.C. 2006-54, N.S. Reg. 12/2006.

Remuneration for directors
20 A Director of the Commission, except the Chairman and a director who is appointed by the Governor in Council employed in the public service of the Province, shall be paid the sum of $150.00 for each attendance at a meeting of the Commission or a committee of the Commission to a maximum of $600.00 for each fiscal year, commencing in the fiscal year ending March 31, 1985.
Section 20 added: O.I.C. 85-558, N.S. Reg. 86/85.


Schedule "A"
Nova Scotia Legal Aid
Application for Legal Aid

Read Declaration and Authorization Carefully
Applicant declares information herein is true and complete.  Applicant will furnish information as required.  Applicant consents to have information investigated for verification and will notify of any change.
 
Applicant authorizes Nova Scotia Legal Aid to represent and act for applicant in the matter mentioned or any related matter and further authorizes Nova Scotia Legal Aid to take any necessary action or obtain required assistance.
______________________________________
Signature of applicant
______________________________________
Date
______________________________________
Print last name
OFFICE USE ONLY
No. ______________ Date _______________
            Y      M      D
 
Decision Type of Legal Problem
   Full Service[ ] 1    Family[ ] 1
   Summary advice[ ] 2    Criminal[ ] 2
   Reciprocal[ ] 3    Civil[ ] 3
   Duty counsel[ ] 4    Provincial statute[ ] 4
   Rejected[ ] 5
 
Primary reason for rejection Certificate issued
   Financial[ ] 1 Yes [ ] 1      No [ ] 2
   Case merit[ ] 2
   Other[ ] 3    If yes
   Maximum amount
   _______________
 
Staff lawyer    ID _____________
 
______________________________________
Print first names
______________________________________
Address
______________________________________
Postal Code
______________________________________
Phone where you can be contacted
Date of birth (y/m/d) __________________
 
1 [ ] male 1 [ ] employed 1 [ ] married
2 [ ] female 2 [ ] unemployed 2 [ ] not married
3 [ ] unable to work 3 [ ] common law
4 [ ] student training 4 [ ] widowed
5 [ ] separated
6 [ ] divorced

HusbandName ______________________
or wifeAddress ____________________

Have you ever received legal aid before? Yes [ ] 1  No [ ] 2
If yes has your family or financial situation changed?
Yes [ ] 1  No [ ] 2
Most recent application number __________________

Dependents (spouse, child, other person supported by applicant): Total _____  Living at home ______  Living apart _______
   Name RelationshipAge    Name     RelationshipAge

1 _______________________________________________
2 _______________________________________________
3 _______________________________________________
4 _______________________________________________

5 _______________________________________________
6 _______________________________________________
7 _______________________________________________
8 _______________________________________________

Describe purpose of application ________________________________________________________________________
_________________________________________________________________________________________________

Next court appearance _______________    Purpose __________________    Court or judge ____________________________

If criminal, what charge ________________________________________    Are you in custody     Yes [ ]    No [ ]


Do you receive social
or other municipal assistance   Yes [ ]    No [ ]
Name and address of    ______________________________
person who can verify  ______________________________
financial information     ______________________________

Monthly income:

Salary, wages, tips
Unemployment ins.
Social assistance
Family allowance
Old age assistance
Pension

______
______
______
______
______
______

Monthly expenses:

Rent/mortgage
Heat/fuel
Taxes/insurance
Electricity
Water
Telephone
Food
Clothing
Babysitter/hsld.
Medical/drugs
Transportation
Legal fees

______
______
______
______
______
______
______
______
______
______
______
______

Specify other income ______
______________________
______________________
______________________

Total monthly income ______
  Summary of
debts total
______
  Specify other expenses _____
_______________________
_______________________
_______________________

 
 
Total mthly expense ______
Motor vehicle Home
Make_________________
Year_________________
Value$ _________________
Value$ _______________
Condition_______________
Owed$ _______________
Summary of Debts
 
Creditor and Amount Monthly Payment
______________________
______________________
______________________
______________________
______________________
Total
<-- (Enter total here)
$  _____________________
$  _____________________
$  _____________________
$  _____________________
$  _____________________
$  _____________________
Summary of Assets
 
Cash or equivalent
Securities
Real estate

Total

$  _________________
$  _________________
$  _________________

$  _________________

Schedule "A" replaced: O.I.C. 85-558, N.S. Reg. 86/85.


Schedule "B"
Nova Scotia Legal Aid Commission
Tariff of Fees

Introduction

The Nova Scotia Legal Aid Tariff of Fees (NSLA Tariff) sets out limits on preparation times and disbursements that may be expended in rendering authorized services under a legal aid certificate of eligibility (hereinafter referred to as "certificate"). Please note that these limits are maximums, not block fees. Lawyers rendering an account may bill only for actual preparation times and actual disbursements.

The NSLA Tariff reflects fees customarily paid by a client of modest means. The fees and preparation times provided for in the NSLA Tariff apply to the authorized services covered by a certificate. However, in certain exceptional circumstances, the Nova Scotia Legal Aid Commission may authorize issuing a certificate that extends the terms of the original certificate.

Extension of Terms of Certificate

Approval for an extension of the terms of a certificate should be sought by the lawyer providing services under the certificate before the limits contained in the certificate have been exceeded. The approval should be sought by the lawyer providing services under the certificate by writing to the office of the Nova Scotia Legal Aid Commission that issued the certificate to explain why an extension of the terms of the certificate is being sought.

If approval to extend the terms of a certificate is not granted, the Nova Scotia Legal Aid Commission is not responsible for the payment of any account that exceeds the limits imposed by the certificate or the NSLA Tariff.

In certain exceptional circumstances, the Nova Scotia Legal Aid Commission may approve an increase in preparation times allowed or in disbursement expenditures that exceed the strict maximums in the issued certificate or in the NSLA Tariff.

If the Nova Scotia Legal Aid Commission approves a request for an increase in preparation times or in disbursement expenditures, then the Nova Scotia Legal Aid Commission must issue an amended certificate in the matter or a letter granting the increase in preparation times or disbursement expenditures that has been approved.

The NSLA Tariff is composed of the above Introduction and Extension of Terms of Certificate, and all of the following:
Part 1 - Tariffs
Tariff 1 - Tariff for Criminal Law Matters Involving Adults and Young Persons
Tariff 2 - Tariff for Family Law Matters
Tariff 3 - Tariff for Civil Law Matters
Tariff 4 - Tariff for Disbursements
Tariff 5 - Tariff for Matters Not Otherwise Provided for Herein
Part 2 - Forms

Part 1 - Tariffs

Tariff 1

Tariff for Criminal Law Matters Involving Adults and Young Persons

Lawyer fees based on experience
1 (1) A lawyer will be paid for preparation time and court appearances at the rates set out in the following table, according to the number of years experience the lawyer has practising law as a member of the Nova Scotia Barristers’ Society or an equivalent organization in another jurisdiction:

Years experienceRate per hour
less than 5$60.00
5 or more$70.00
10 or more$85.00 for offences for which
the mandatory sentence is
imprisonment for life (e.g. murder)

(2) In this Section, years of experience are calculated as of the date that the lawyer is retained for services under a certificate.

Certificate covering multiple offences
2 The Commission may issue 1 certificate covering multiple offences, with the terms of that certificate being based on the most serious criminal offence charged, when a person is charged with multiple offences in relation to a set of events that are similar on some or all of the following characteristics:

(a) date of alleged offence;

(b) type of alleged offence;

(c) location of alleged offence;

(d) common purpose;

(e) involvement of the same parties.

Travel allowance
3 An allowance of $45.00 per hour, to a maximum of 6 hours per day, may be paid for time spent travelling a distance of 20 km or more, one way, if the lawyer satisfies the Commission that the travel is reasonable and necessary.

Supreme Court of Canada lawyer fees
4 Lawyer fees for hearings in the Supreme Court of Canada will be paid at the rates noted in Sections 1, 2 and 3 of this Tariff.

Court time maximums
5 A lawyer’s fee for actual court time will be paid up to a maximum billing of 6 hours per day.

Preparation time maximums
6 A lawyer’s fee for actual preparation time will be paid according to the authorized service and up to the maximum time limits as set out in the following table:

Tariff Item Authorized Service Maximum Hours
C.1 First degree and second degree murder punishable by mandatory life imprisonment 150
C.2 Homicide punishable by possible life imprisonment (e.g. manslaughter, criminal negligence causing death, impaired driving causing death) 75
C.3 Dangerous offender or long term offender application 100
C.4 Appeal to NS Court of Appeal on tariff items C.1, C.2 or C.3 matters 60
C.5 Electable indictable offence other than a hybrid offence for which the Crown proceeds summarily 15   (an additional 5 hours preparation time may be allowed if there is a preliminary hearing held)
C.6 Summary conviction offences including an absolute jurisdiction indictable offence and a hybrid offence for which the Crown proceeds summarily 4
C.7 Canadian Charter of Rights and Freedoms application arising in tariff items C.5 or C.6 only 15   (must be applied for and authorized by the Commission in writing in advance)
C.8 Appeal of conviction or conviction and sentence on tariff item C.5 25
C.9 Appeal of sentence on tariff item C.5 10
C.10 Appeal of conviction or conviction and sentence on tariff item C.6 13
C.11 Appeal of sentence on tariff item C.6 10
C.12 Application for leave to appeal to Supreme Court of Canada 60
C.13 Appeal to Supreme Court of Canada 40
C.14 YCJA application to determine whether a young person is liable to adult sentence 30
C.15 YCJA review of sentence 4
C.16 Independent legal advice or opinion – any offence (adult or young person) 1
C.17 Criminal Code Review Board matter 4 (may be increased to a maximum of 20 hours, depending upon the liberty interest involved, if approved by the Commission in advance)
C.18 Breach of a conditional sentence order 1 (may be increased to a maximum of 4 hours if approved by the Commission in advance)
C.25 Any other special matter – any offence (adult or young person) as authorized by the Commission in advance

Tariff 2

Tariff for Family Law Matters

Lawyer fees based on experience
1 (1) A lawyer will be paid for preparation time and court appearances at the rates set out in the following table, according to the number of years experience the lawyer has practising law as a member of the Nova Scotia Barristers’ Society or an equivalent organization in another jurisdiction:

Years experienceRate per hour
less than 5$60.00
5 or more$70.00

(2) In this Section, years of experience are calculated as of the date that the lawyer is retained for services under a certificate.

Travel allowance
2 An allowance of $45.00 per hour, to a maximum of 6 hours per day, may be paid for time spent travelling a distance of 20 km or more, one way, if the lawyer satisfies the Commission that the travel is reasonable and necessary.

Court time maximum
3 A lawyer’s fee for actual court time will be paid up to a maximum billing of 6 hours per day.

Preparation time maximums
4 A lawyer’s fee for actual preparation time will be paid according to the authorized service and up to the maximum time limits as set out in the following table:

Tariff Item Authorized Service Maximum Hours
Maintenance and Custody Act
F.1 Uncontested application or uncontested application to vary 5
F.2 Contested custody, or contested custody and one or more contested issues of maintenance, access or paternity 12
F.3 One or more contested issues of maintenance, access, paternity or contested application to vary any of them 7
Divorce Act
F.11 Divorce proceedings – minimal issues only 7
F.12 Divorce proceedings with contested custody or with contested custody plus one or more contested issues of maintenance, access, paternity or Matrimonial Property Act 17
F.13 Divorce proceedings – with one or more contested issues of maintenance, access, paternity or Matrimonial Property Act 9
F.14 Independent legal advice or opinion for divorce proceedings 1
Children and Family Services Act
F.21 Application for standing as a party 4
F.22 Representing parent or a party with standing and presenting plan for custody or return of child 20
F.23 Representing parent or a party with standing who is not seeking custody or return of child 5
F.24 Independent legal advice or opinion for Children and Family Services proceedings as authorized by the Commission in advance
Adult Protection Act
F.31 Application under Act 8
F.32 Review under Act 2
Other
F.41 Negotiating, drafting or executing separation agreement 5
F.42 Independent legal advice or opinion on other family law matter as authorized by the Commission in advance
F.51 Appeal to Nova Scotia Supreme Court on behalf of any party on family law matter 13
F.52 Appeal to Nova Scotia Court of Appeal on behalf of any party on family law matters 25
F.61 Any other special family law matter not otherwise covered in the Tariff for Family Law Matters, including appeal to Supreme Court of Canada on family law matter as authorized by the Commission in advance

Tariff 3

Tariff for Civil Law Matters

Lawyer fees based on experience
1 (1) A lawyer will be paid for preparation time and court appearances at the rates set out in the following table, according to the number of years experience the lawyer has practising law as a member of the Nova Scotia Barristers’ Society or an equivalent organization in another jurisdiction:

Years experienceRate per hour
less than 5$60.00
5 or more$70.00

(2) In this Section, years of experience are calculated as of the date that the lawyer is retained for services under a certificate.

Travel allowance
2 An allowance of $45.00 per hour, to a maximum of 6 hours per day, may be paid for time spent travelling a distance of 20 km or more, one way, if the lawyer satisfies the Commission that the travel is reasonable and necessary.

Court time maximum
3 A lawyer’s fee for actual court time will be paid or [up] to a maximum billing of 6 hours per day.

Preparation time maximums

4 A lawyer’s fee for actual preparation time will be paid according to the authorized service and up to the maximum time limits as set out in the following table:

Tariff Item Authorized Service Maximum Hours
Civil
E.1 Civil litigation on behalf of any party for all services for civil claims (pleadings, trial preparation, pre-trial applications or attendances) 15
E.2 Legal services for civil matter (not litigation) 2
E.3 Representing any party in any other special matter including administrative tribunals as authorized by the Commission in advance

Tariff 4

Tariff for Disbursements

Disbursements properly accounted for
1 A lawyer will be paid for disbursements necessarily incurred in providing authorized services if they are properly accounted for in the Report and Account in accordance with this Tariff.

Report and Account for disbursements
2 (1) A lawyers [lawyer] cannot charge any accounts for disbursements directly to the Commission.

(2) Disbursements must be billed to the account of the lawyer and claimed on a Report and Account form submitted to the Commission.

(3) An Interim Report and Account form may be submitted for fees and disbursements if the total amount claimed is $300 or more.

Maximum amount per item
3 Disbursements may not exceed $200 per item unless approved in advance by the Commission.

Receipts for disbursements
4 Receipts for all disbursements, which clearly show the amount of harmonized sales tax paid, must accompany the Report and Account form.

Travel reimbursements
5 (1) Reimbursement for reasonable and necessary travel will be allowed at the rate per kilometer approved by the Province for its employees travelling on government business.

(2) The Commission will not reimburse for taxi charges.

Meal reimbursements
6 If approved in advance by the Commission, the following amounts will be allowed for meals:

(a) breakfast - $6.00;

(b) lunch - $7.00;

(c) dinner - $13.50;

(d) meal allowances approved by the Nova Scotia Public Service Commission.

No file administration fees
7 Lawyers are not permitted to charge a file administration fee.

Tariff 5

Tariff for Matters Not Otherwise Provided For

1 (1) The Executive Director must allow a reasonable fee in respect of any matters, proceedings, actions or appeals under a certificate that are not covered by Tariffs 1 to 4.

(2) In determining the fee to be paid under subsection (1), the Executive Director must take preparation times and fees allowed for comparable services in Tariffs 1 to 4 into account.

Part 2 - Forms

1 The Commission must determine the form and content of the certificate of eligibility to be used by the Commission in issuing certificates and the Report and Account Form to be used by lawyers when invoicing the Commission for the services provided under a certificate.

2 The Commission may direct the use of any forms it prepares and considers necessary for the effective operation of the Legal Aid Certificate System.

3 (1) The lawyer who has provided services under a certificate must attach to their Report and Account form a detailed time-keeping statement showing dates, the particulars of service and the time expended by date for all preparation, court and travel time.

(2) The Commission may require the lawyer to provide any other documents the Commission considers necessary to enable the Commission to satisfy itself as to the accuracy of any Report and Account form submitted for payment, including whether it complies with the terms of the certificate and the NSLA Tariff.
Appendix "II" replaced by Schedule "B": O.I.C. 2006-54, N.S. Reg. 12/2006