The Nova Scotia regulation N.S. Reg. 98/2024 involves amendments to the Legal Aid General Regulations and the Tariff of Fees under the Legal Aid Act. These amendments were enacted by the Governor in Council based on recommendations from the Attorney General, Minister of Justice, and the Nova Scotia Legal Aid Commission. The primary aim of these amendments is to revise legal aid policies, including the compensation rates for private lawyers providing legal aid, and to establish new categories within the legal aid tariff.

The original regulations, established in 1977 under N.S. Reg. 77/1977, have undergone significant structural and linguistic updates to modernize the language used. Notably, gender-neutral terms have been introduced, replacing “his” with “their,” and references to outdated social assistance programs have been updated to reflect current statutes, such as the Social Assistance Act and the Employment Support and Income Assistance Act. Additionally, the title of “Executive Director” has been updated to “Chief Executive Officer” in various sections, marking a broader modernization of governance language throughout the regulations.

One aspect of the amendments includes the revision of the payment structure for legal aid services. Under the new regulations, private lawyers with less than five years of experience will receive $120 per hour, while those with five or more years of experience will be compensated at a rate of $140 per hour. Lawyers with 10 or more years of experience handling serious offences, including those that carry a mandatory life sentence (e.g., murder), will earn $160 per hour. Paralegals or articling clerks assisting with legal aid cases will receive $50 per hour.

The amendments also introduce several new categories within the tariff system for specific case types. For example, legal representation for sexual assault cases under sections 276 and 278 of the Criminal Code, as well as relevant provisions of the Canadian Charter of Rights and Freedoms, is now recognized as a distinct tariff category. Cases involving sexual assault (summary conviction) are also categorized separately, with specific rates assigned. Furthermore, existing categories have been revised, including increases in the hours allocated for specific legal tasks, such as merit assessments in family law cases, particularly regarding the termination of parent-child custody.

In terms of governance, directors of the Nova Scotia Legal Aid Commission (excluding the Chair and a government-appointed director employed in public service) will now receive $150 for each meeting attended, with a cap of $600 per fiscal year. This remuneration structure aims to acknowledge the contributions of the directors while maintaining a limit on their annual compensation.

These changes address the compensation for private lawyers providing legal aid, ensure fair remuneration for Legal Aid Commission directors, and introduce new tariff categories tailored to the specific needs of various legal cases.

Nova Scotia (98/2024) May 31, 2024