This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar 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 our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, 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

made under

Section 27 of the

Legal Aid Act

R.S.N.S. 1989, c. 252

O.I.C. 77-954 (August 9, 1977), N.S. Reg. 77/1977

amended to O.I.C. 2024-170 (effective June 1, 2024), N.S. Reg. 98/2024

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Eligibility

Application

Appeals to the Commission

Legal Aid services

Terms of employment by the Commission

Tariff of fees

Schedule “A”— [repealed]

Schedule “B”—Tariff of Fees

Introduction

Extension of Terms of Certificate

Part 1: Tariffs

Tariff 1—Tariff for Criminal Law Matters Involving Adults and Young Persons

Lawyer fees based on experience

Certificate covering multiple offences

Travel allowance

Supreme Court of Canada lawyer fees

Court time maximums

Preparation time maximums

Tariff 2—Tariff for Family Law Matters

Lawyer fees based on experience

Travel allowance

Court time maximum

Preparation time maximums

Tariff 3—Tariff for Civil Law Matters

Lawyer fees based on experience

Travel allowance

Court time maximum

Preparation time maximums

Disbursements properly accounted for

Report and Account for disbursements

Maximum amount per item

Receipts for disbursements

Travel reimbursements

Meal reimbursements

No file administration fees

Tariff 5—Tariff for Matters Not Otherwise Provided For

Part 2: Forms

Citation

1 These regulations may be cited as the Legal Aid General Regulations and Tariff of Fees .

Eligibility

1A

(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 Social Assistance Act or

benefits under the Employment Support and Income Assistance 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 clause (a).

(2) A client who is eligible pursuant to 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 their principal place of residence or

assets necessary to maintain their livelihood.

2 Notwithstanding

Section 1A, where the income of an applicant for legal aid exceeds the

amounts specified in

Section 1A, the applicant may be declared eligible for legal aid if

the applicant cannot retain counsel at their own expense without the applicant or their

dependants, if any, suffering undue financial hardship such as incurring heavy

indebtedness or being required to dispose of modest necessary assets.

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 Employment Support and Income Assistance Regulations , or the

Social Assistance Act, shall be deemed to be a payment of assistance under these Acts.

Application

3 Applications for legal aid shall be made in the form established by the Commission.

4 Applications for legal aid shall be accepted or rejected by a solicitor employed by the

Commission or the Chief Executive Officer.

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 Chief

Executive Officer who made the decision to be reviewed shall forthwith submit a written

report to the Commission giving reasons for their action.

7 The Commission shall consider the report of the solicitor or the Chief Executive Officer

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 Chief

Executive Officer, 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

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 Chief Executive Officer 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 their

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 their 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.

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”.

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”.

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.

18 An account submitted by a lawyer in private practice may be taxed by the Chief

Executive Officer who may determine the proper fees and disbursements to be paid by

the Commission.

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.

Schedule “A”— [repealed]

Schedule “B”—Tariff of Fees

Nova Scotia Legal Aid Commission

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) 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 of experience the

lawyer has practising law as a member of the Nova Scotia Barristers’ Society or an

equivalent organization in another jurisdiction:

Years of experience

Rate per hour

less than 5

$120.00

5 or more

$140.00

10 or more

$160.00 for offences for which the mandatory

sentence is imprisonment for life (e.g. murder)

Paralegal or Articled Clerk

$50.00

(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

C.2

Homicide punishable by possible life imprisonment

(e.g. manslaughter, criminal negligence causing death,

impaired driving causing death)

C.3

Dangerous offender or long term offender application

C.4

Appeal to NS Court of Appeal on tariff items C.1, C.2

or C.3 matters

C.5

Electable indictable offence other than a hybrid offence

for which the Crown proceeds summarily

(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

C.7

Canadian Charter of Rights and Freedoms application

arising in tariff items C.5 or C.6 only

(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

C.9

Appeal of sentence on tariff item C.5

C.10

Appeal of conviction or conviction and sentence on

tariff item C.6

C.11

Appeal of sentence on tariff item C.6

C.12

Application for leave to appeal to Supreme Court of

Canada

C.13

Appeal to Supreme Court of Canada

C.14

YCJA application to determine whether a young person

is liable to adult sentence

C.15

YCJA review of sentence

C.16

Independent legal advice or opinion – any offence

(adult or young person)

C.17

Criminal Code Review Board matter

(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

(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

C.26

Sexual assault ( Criminal Code s. 276 and s. 278, and

Canadian Charter of Rights and Freedoms )

C.27

Sexual assault (summary)

Tariff 2—Tariff for Family Law Matters

Lawyer fees based on experience

(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 of experience the

lawyer has practising law as a member of the Nova Scotia Barristers’ Society or an

equivalent organization in another jurisdiction:

Years of experience

Rate per hour

less than 5

$120.00

5 or more

$140.00

10 or more

$160.00 for representing parent or party with

standing and presenting plan for custody or

return of child where the case meets the criteria

described in the Tariff Reference Manual

Paralegal or Articled Clerk

$50.00

(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

Parenting and Support Act

F.1

Uncontested application or uncontested application to vary

F.2

Contested custody, or contested custody and one or more

contested issues of maintenance, access or paternity

F.3

One or more contested issues of maintenance, access,

paternity or contested application to vary any of them

F.4

Merit assessment on application to terminate parent-child

custody

F.5

Termination of child support, minimal issues

Divorce Act

F.11

Divorce proceedings – minimal issues only

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

F.13

Divorce proceedings – with one or more contested issues of

maintenance, access, paternity or Matrimonial Property Act

F.14

Independent legal advice or opinion for divorce proceedings

Children and Family Services Act

F.21

Application for standing as a party

F.22

Representing parent or a party with standing and presenting

plan for custody or return of child

F.23

Representing parent or a party with standing who is not

seeking custody or return of child

F.24

Independent legal advice or opinion for Children and Family

Services proceedings

as authorized by the

Commission in advance

F.25

Merit assessment for family and Children and Family

Services Act appeals

Adult Protection Act

F.31

Application under Act

F.32

Review under Act

Other

F.41

Negotiating, drafting or executing separation agreement

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

F.52

Appeal to Nova Scotia Court of Appeal on behalf of any

party on family law matters

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) 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 of experience the lawyer has

practising law as a member of the Nova Scotia Barristers’ Society or an equivalent

organization in another jurisdiction:

Years of experience

Rate per hour

Less than 5

$120.00

5 or more

$140.00

Paralegal or Articled Clerk

$50.00

(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

Civil

E.1

Civil litigation on behalf of any party for all services for

civil claims (pleadings, trial preparation, pre-trial

applications or attendances)

E.2

Legal services for civil matter (not litigation)

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

(1) A 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

(1) Reimbursement for reasonable and necessary travel will be allowed at the rate per

kilometre 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, reimbursement will be allowed for meal expenses

at the rates approved by the Province for its employees travelling on government business.

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) The Chief Executive Officer 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 Chief Executive Officer 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.

(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.

Legislative History

Reference Tables

Legal Aid General Regulations and Tariff of Fees

Regulations

N.S. Reg.

77/1977

Legal Aid Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Legal Aid General Regulations and Tariff of Fees made

under the Legal Aid Act includes all of the

following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

77/1977

Aug 9, 1977

date made

Aug 31, 1977

128/1982

May 27, 1982

date made

Jun 17, 1982

90/1983

May 24, 1983

date made

Jun 16, 1983

86/1985

May 28, 1985

date made

Jun 13, 1985

196/1989

Oct 15, 1989

date specified

Nov 3, 1989

102/1990

Oct 15, 1989

date specified

Apr 20, 1990

142/2003

Aug 1, 2003

date specified

Aug 22, 2003

12/2006

Feb 10, 2006

date specified

Mar 3, 2006

55/2014

May 1, 2014

date specified

May 2, 2014

98/2024

Jun 1, 2024

date specified

May 31, 2024

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

1 ........................................................

rs. 128/1982; ra. as 1A

98/2024

1 ........................................................

ad. 98/2024

1A .....................................................

ra. from 1 98/2024

. 1A(1)(a) ..........................................

am.

98/2024

. 1A(1)(b) .........................................

am.

98/2024

. 1A(2) ..............................................

am.

98/2024

. 1A(3) ..............................................

am.

98/2024

2 ........................................................

rs. 128/1982; am. 98/2024

2A .....................................................

ad. 90/1983 ; am. 98/2024

3 -4 ....................................................

am.

98/2024

6 -8 ....................................................

am.

98/2024

11-13 .................................................

am.

98/2024

15 ......................................................

am. 12/2006

16 ......................................................

rs. 86/1985, 142/2003; am. 12/2006

17 ......................................................

rs. 86/1985, 142/2003; am. 12/2006

17A ...................................................

ad. 12/2006

18 ......................................................

am. 12/2006, 98/2024

19 ......................................................

am. 12/2006

20 ......................................................

ad. 86/1985 ; rep. 98/2024

Schedules

Schedule A: Application for Legal Aid ........................................................

rs. 86/1985; rep. 98/2024

Schedule B: Tariff of Fees and Disbursements ................................

ad. 86/1985 ; rep. 196/1989

Appendix I: Nova Scotia Legal Aid Tariff of Fees ..................................

ad. 196/1989 ; rep. 102/1990

Appendix II: Nova Scotia Legal Aid Tariff of Fees ..................................

ad. 102/1990 ; rep. 12/2006

Schedule A ..................................

am. 142/2003

Schedule B ..................................

am. 142/2003

Schedule

B: Nova Scotia Legal Aid Commission Tariff of Fees ...........

ad. 12/2006 ; am. 55/2014,

98/2024

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.