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Schedule “A”— [repealed]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
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 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 (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
|
200
|
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
|
25
(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
|
6
|
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
|
C.26
|
Sexual assault (Criminal Code s. 276 and s. 278, and
Canadian Charter of Rights and Freedoms)
|
25
|
C.27
|
Sexual assault (summary)
|
15
|
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 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
|
5
|
F.2
|
Contested custody, or contested custody and one or more
contested issues of maintenance, access or paternity
|
20
|
F.3
|
One or more contested issues of maintenance, access,
paternity or contested application to vary any of them
|
10
|
F.4
|
Merit assessment on application to terminate parent-child
custody
|
5
|
F.5
|
Termination of child support, minimal issues
|
5
|
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
|
40
|
F.23
|
Representing parent or a party with standing who is not
seeking custody or return of child
|
20
|
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
|
5
|
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 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)
|
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 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
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 (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.
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.
The following regulations are not
yet in force and are not included in the current consolidation: