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Statutes of Newfoundland and Labrador 2012


CHAPTER 16

AN ACT TO AMEND THE LEGAL AID ACT

(Assented to June 27, 2012)

Analysis


        1.   S.30 R&S
Counsel may be appointed

        2.   S.36 Amdt.
When legal aid provided

        3.   S.37 Amdt.
Aid may be granted

        4.   S.45 Amdt.
Payment of costs to commission

        5.   S.47 Amdt.
Coverage

        6.   S.51 R&S
No legal aid


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-11 as amended

        1. Section 30 of the Legal Aid Act is repealed and the following substituted:

Counsel may be appointed

      30. The commission may appoint counsel, as prescribed by the regulations, to attend in a court, administrative board or tribunal in the province on a daily or other basis that may be required, for the purpose of representing a person in a civil matter, an administrative law matter, or a person charged with a criminal offence or who is being detained or is under arrest.

 

        2. Subsection 36(1) of the Act is repealed and the following substituted:

When legal aid provided

      36. (1) The commission may, upon receipt of an application and where the applicant is found eligible, provide legal aid in civil, criminal and administrative law matters

             (a)  without charge to an individual who is unable to pay; and

             (b)  with a partial charge, to an individual who is able to pay a portion of the cost.

 

        3. Subsection 37(1) of the Act is repealed and the following substituted:

Aid may be granted

      37. (1) Legal aid may be granted at any stage of the proceeding before the court or administrative board or tribunal of original jurisdiction, or in an appeal, before a court, an administrative board or tribunal and for a proceeding, contentious or not, including proceedings in execution.

 

        4. Subsection 45(1) of the Act is repealed and the following substituted:

Payment of costs to commission

      45. (1) Where a client recovers costs in respect of the matter or proceeding for which a legal aid certificate was issued under a judgment or order of a court or administrative board or tribunal, the costs shall be paid to the commission.

 

        5. (1) Section 47 of the Act is amended by adding immediately after paragraph (c) the following:

          (c.1)  before an administrative board or tribunal respecting a person’s

                      (i)  income,

                     (ii)  entitlement to benefits,

                    (iii)  ability to earn a livelihood, or

                    (iv)  immigration status;

             (2)  Paragraph 47(e) of the Act is repealed and the following substituted:

             (e)  under the Extradition Act (Canada); or

 

        6. Section 51 of the Act is repealed and the following substituted:

No legal aid

      51. (1) Legal aid shall not be granted to a person

             (a)  in proceedings respecting defamation;

             (b)  in relator actions;

             (c)  in proceedings for the recovery of a penalty where the proceedings may be taken by a person and the penalty in whole or in part may be payable to the person instituting the proceedings;

             (d)  in proceedings relating to an election;

             (e)  in private prosecutions in criminal and civil matters or proceedings; or

              (f)  in malpractice, accident, civil property or damages claims.

             (2)  For the purpose of paragraph (1)(f), civil property claims shall not include family law matters relating to matrimonial property or property matters between cohabiting partners.