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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Legal Aid Act
 
Legislature :
55
Session :
2
Bill No. :
22
Member :
Hon. Green
First Reading :
2005-1-18
Second Reading :
2005-1-19
Committee of the Whole :
2005-4-14
Amended :
2005-4-14
Third Reading :
2005-4-14
Royal Assent :
2005-4-14
Download PDF :
  Bill 22         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Part III of the Legal Aid Act, chapter L-2 of the Revised Statutes, 1973, is repealed and the following is substituted:



PART III

Definitions

25                        The following definitions apply in this Part.



"area" means a region of New Brunswick designated in the regulations. (région)



"area committee" means an area legal aid committee appointed under section 51. (comité régional)



"barrister" or "solicitor" means a member of the Law Society entitled to practise law in the courts of New Brunswick. (avocat ou solicitor)



"Board" means the Board of Directors of the Commission appointed under section 29. (conseil)



"Commission" means the New Brunswick Legal Aid Services Commission established under section 26. (Commission)



"employee" means a person employed under this Part for the purposes of the administration of the plan and includes an employee referred to in section 59 and subsection 60(1). (employé)



"Executive Director" means the Executive Director of Legal Aid appointed under section 39. (directeur général)



"Law Society" means the Law Society of New Brunswick. (Barreau)



"legal aid" means professional services provided under this Part and the regulations. (aide juridique)



"Legal Aid Committee" means the Legal Aid Committee appointed under section 49. (Comité d'aide juridique)



"Minister" means the Minister of Justice. (Ministre)



"person", in relation to an applicant for legal aid, means a natural person. (personne)



"plan" means the plan known as Legal Aid New Brunswick that is established under this Part and the regulations. (programme)



"student" means a student-at-law under the Law Society Act, 1996. (étudiant)



Establishment of Commission

26(1)               There is established a body corporate without share capital to be known as the New Brunswick Legal Aid Services Commission.



26(2)               For the purposes of this Part, the Commission has the capacity and the rights, powers and privileges of a natural person.



26(3)               Notwithstanding subsection (2), the Commission shall not borrow money unless



(a)               the money is to be used for the provision of legal aid or the administration of the plan, and



(b)               the Minister of Finance first approves the borrowing.



Not an agent of the Crown

27                        The Commission is not an agent of the Crown.



Head office

28                        The head office of the Commission is at The City of Fredericton.



Board of Directors

29(1)               The Commission shall have a Board of Directors consisting of from 5 to 7 members appointed by the Lieutenant-Governor in Council.



29(2)               A member of the Board shall hold office for a term of 5 years from the date of his or her appointment and is eligible for reappointment.



29(3)               The appointment of a member of the Board may be revoked for cause by the Lieutenant-Governor in Council.



29(4)               Notwithstanding subsection (2) but subject to subsection (3), a member of the Board remains in office until the member resigns or is reappointed or replaced.



29(5)               If a vacancy occurs during the term of office of a member of the Board, the Lieutenant-Governor in Council shall appoint a person to fill the vacancy and the person so appointed shall hold office for the remainder of the term of the member whose position on the Board was vacated or until a successor is appointed.



29(6)               A vacancy does not impair the capacity of the Board to act as long as a quorum is maintained.



Chair and Vice-Chair

30                        The Lieutenant-Governor in Council shall designate a Chair and a Vice-Chair of the Board from among the members of the Board.



Meetings of the Board

31                        The Board shall meet at least 4 times each calendar year.



Quorum

32                        A majority of the members of the Board constitutes a quorum.



Remuneration and expenses

33(1)               The members of the Board are entitled to be paid such remuneration as is determined by the Lieutenant-Governor in Council.



33(2)               Each member of the Board is entitled to be paid such travelling and living expenses incurred by the member in the performance of the member's duties as are determined by the Lieutenant-Governor in Council.



33(3)               The remuneration and expenses referred to in subsections (1) and (2) are payable out of the Legal Aid Fund.



By-laws

34(1)               The Board may make by-laws governing the administration, management and conduct of its affairs.



34(2)               The Board shall make by-laws governing the conflicts of interest of members of the Board and, if the Board considers it appropriate, imposing restrictions on the activities of members to avoid conflicts of interest.



34(3)               The Board shall make by-laws governing the remuneration and other conditions of employment of the employees of the Commission.



34(4)               The by-laws shall be general in nature and not specific to any particular employee.



34(5)               The Regulations Act does not apply to by-laws made by the Board.



Fiscal year

35                        The fiscal year of the Commission ends on the thirty-first day of March in each year.



Reports

36(1)               Before the first day of October in each year, the Commission shall submit a report to the Minister for the 12 months ending on the thirty-first day of March of that year containing:



(a)               a statement of the nature and extent of legal aid during the 12 month period;



(b)               a statement of the receipts and disbursements of the Legal Aid Fund during the 12 month period;



(c)                general information with respect to the working of this Part and the regulations; and



(d)               such other information as the Minister requests.



36(2)               The Minister shall lay the report referred to in subsection (1) before the Legislature if it is in session or, if not, at the next session.



36(3)               Before the first day of December in each year, the Commission shall submit to the Board of Management an interim report on the operation of the plan for the 6 month period ending on the thirtieth day of September of that year, together with a proposed budget containing a detailed estimate of the amount of money required to operate the plan in the next fiscal year of the Province.



36(4)               The Secretary of the Board of Management may make a report on the proposed budget, containing such recommendations as he or she considers appropriate, to the Chair of the Board of Directors of the Commission within 30 days after receiving the proposed budget.



Financial statements

37                        The financial statements of the Commission shall be prepared in accordance with generally accepted accounting principles.



Audit

38                        The accounts and financial statements of the Commission shall be audited at least once a year by the Auditor General of New Brunswick.



Executive Director

39(1)               The Lieutenant-Governor in Council shall appoint as the Executive Director of Legal Aid the person nominated by the Board.



39(2)               The Board shall establish the terms and conditions of the Executive Director's appointment.



39(3)               An Executive Director shall hold office for a term of 7 years from the date of his or her appointment.



39(4)               The appointment of an Executive Director may be revoked for cause by the Lieutenant-Governor in Council.



39(5)               An Executive Director is eligible for reappointment and subsections (1) to (4) apply with the necessary modifications in respect of a reappointment.



39(6)               The Executive Director shall perform the duties and may exercise the powers imposed on the Executive Director by this Part, the regulations or the Board.



Employees

40(1)               The Executive Director may, on behalf of the Commission, employ such persons, including barristers and solicitors, as the Executive Director considers necessary for the provision of legal aid.



40(2)               The remuneration and other conditions of employment of the employees of the Commission shall be established by the by-laws of the Board.



40(3)               The Public Service Superannuation Act applies to the employees of the Commission.



40(4)               The Civil Service Act does not apply to the employees of the Commission.



40(5)               Subject to the approval of the Board of Directors of the Commission, employees are eligible to participate in any employee benefit program established by the Board of Management.



Appointments and contracts

41(1)               On the terms approved by the Board, the Executive Director may, on behalf of the Commission, appoint or contract with any person, including barristers and solicitors, that the Executive Director considers necessary for the provision of legal aid.



41(2)               Any person appointed or contracted with under subsection (1) is not an employee of the Commission.



Performance of duties

42(1)               Subject to any provision in this Part, any regulation and any policy established under this Part and the regulations, the Executive Director may direct all employees concerning the performance of their duties.



42(2)               Subject to any provision in this Part, any regulation and any policy established under this Part and the regulations, the Executive Director may direct all persons appointed or contracted with under section 41 concerning the performance of their duties.



Immunity

43                        No action lies for damages or otherwise and no proceeding shall be taken in any court, whether by way of injunction, declaratory judgment, order on judicial review or otherwise, against any of the following persons in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Part by the person:



(a)               the Board;



(b)               a member or former member of the Board;



(c)                the Executive Director or a former Executive Director;



(d)               an employee or former employee of the Commission;



(e)                a person appointed or contracted with under section 41;



(f)                a member or former member of the Legal Aid Committee; or



(g)               a member or former member of an area committee.



Decisions final

44                        Every decision of the Board, the Executive Director, an employee of the Commission, the Legal Aid Committee or an area committee is final and not subject to review.



Indemnity

45(1)               In this section, "Court of Queen's Bench" means The Court of Queen's Bench of New Brunswick.



45(2)               Except in relation to an action by or on behalf of the Commission, in which case the approval of the Court of Queen's Bench must first be obtained, the Commission may indemnify any member or former member of the Board, any employee or former employee of the Commission, the Executive Director or a former Executive Director or any member or former member of the Legal Aid Committee or an area committee, and his or her heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in relation to any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a member of the Board, an employee of the Commission, the Executive Director or a member of the Legal Aid Committee or an area committee, if he or she



(a)               acted honestly and in good faith with a view to the best interests of the Commission, and



(b)               in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, had reasonable grounds for believing that his or her conduct was lawful.



45(3)               Notwithstanding anything in this section, a person referred to in subsection (2) is entitled to indemnity from the Commission in respect of all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the Board, an employee of the Commission, the Executive Director or a member of the Legal Aid Committee or an area committee if the person seeking indemnity



(a)               was substantially successful on the merits of the person's defence of the action or proceeding,



(b)               fulfils the conditions set out in paragraphs (2)(a) and (b), and



(c)                is fairly and reasonably entitled to indemnity.



45(4)               The Commission may purchase and maintain insurance for the benefit of any person referred to in subsection (2) against any liability incurred by that person as a member of the Board, an employee of the Commission, the Executive Director or a member of the Legal Aid Committee or an area committee, except where the liability relates to the failure of that person to act honestly and in good faith with a view to the best interests of the Commission.



45(5)               The Commission or a person referred to in subsection (2) may apply to the Court of Queen's Bench for an order approving an indemnity under this section and the Court of Queen's Bench may so order and make any further order it thinks fit.



45(6)               On an application under subsection (5), the Court of Queen's Bench may order notice to be given to any interested person and that person is entitled to appear and be heard in person or by legal counsel.



45(7)               Any amount payable under this section is payable out of the Legal Aid Fund.



Commission not practising law

46(1)               Subject to subsection (2), the Commission is not considered to be practising law within the meaning of the Law Society Act, 1996.



46(2)               With respect to legal services provided under this Part by a barrister or solicitor employed by the Commission or appointed or contracted with under section 41, the barrister or solicitor remains subject to the Law Society Act, 1996 and the rules under that Act.



Agreement for services

47                        The Commission may enter into agreements with any Minister of the Crown for the provision by employees of the Crown of any service required by the Commission to carry out its duties and exercise its powers.



Legal aid offices

48(1)               The Commission may establish a regional legal aid office for each area.



48(2)               The duties of the employees for an area include:



(a)               the issuing of legal aid certificates;



(b)               the preparation of lists of barristers and solicitors serving on legal aid panels;



(c)                the appointment of duty counsel to courts within the area;



(d)               the approval of accounts for fees and disbursements of duty counsel; and



(e)                such other functions as are assigned by the Executive Director, this Part and the regulations.



Legal Aid Committee

49(1)               The Lieutenant-Governor in Council may appoint a standing committee in accordance with this Part and the regulations to be known as the Legal Aid Committee that shall



(a)               advise and make recommendations to the Commission or the Minister on policy matters;



(b)               advise the Executive Director on matters of law; and



(c)                perform such other duties as may be assigned by this Part or the regulations.



49(2)               The Lieutenant-Governor in Council shall appoint the Chair of the Legal Aid Committee.



Investigations

50(1)               Upon the request of the Commission or the Minister, the Legal Aid Committee shall conduct an investigation



(a)               to determine if this Part and the regulations have been complied with in respect of an application made under this Part, or



(b)               into any other matter relating to the administration of this Part.



50(2)               The Executive Director, a duty counsel, a member of an area committee, an employee and a person appointed or contracted with under section 41 shall, upon a request by the Legal Aid Committee,



(a)               give to the Legal Aid Committee all possible assistance in carrying out the investigation, and



(b)               provide the Legal Aid Committee with any application, report, statement, record, document or other information requested by the Legal Aid Committee.



50(3)               At the conclusion of its investigation under this section, the Legal Aid Committee



(a)               shall report its findings to the Commission or the Minister, as the case may be, and



(b)               may make recommendations to the Commission or the Minister, as the case may be, in respect of its findings if, in its opinion, circumstances so warrant.



Area legal aid committees

51(1)               The Executive Director may appoint an area legal aid committee for an area.



51(2)               An area committee shall consist of not less than 3 persons.



51(3)               Only an employee for an area shall act as secretary of the area committee for that area.



51(4)               An area committee shall perform the functions assigned to it in this Part and the regulations.



Legal Aid Fund

52(1)               The Commission shall establish in a chartered bank or federally incorporated trust company a fund to be known as the Legal Aid Fund.



52(2)               The money appropriated by the Legislature for legal aid shall be paid out of the Consolidated Fund.



52(3)               All money appropriated by the Legislature for legal aid shall be deposited in the Legal Aid Fund.



52(4)               Any money received by the Commission by gift or grant shall be deposited in the Legal Aid Fund.



52(5)               Any money borrowed by the Commission shall be deposited in the Legal Aid Fund.



52(6)               Any money required to be paid by an applicant for legal aid or the holder of a legal aid certificate under this Part shall be deposited in the Legal Aid Fund.



52(7)               The following are payable out of the Legal Aid Fund:



(a)               expenses attributable to the establishment and administration of the plan including salaries, employee benefits, allowances, retainers, office expenses, travelling expenses, advertising expenses, insurance premiums and superannuation contributions;



(b)               fees and disbursements to barristers and solicitors for the provision of legal aid and the remuneration of barristers and solicitors appointed or contracted with under section 41; and



(c)                such other sums as are authorized by this Part or the regulations to be paid out of the Legal Aid Fund.



52(8)               The Executive Director and either the Chair or the Vice-Chair are the signing officers of the Legal Aid Fund.



Establishment of plan

53(1)               The Commission may establish a plan in accordance with this Part and the regulations to be known as Legal Aid New Brunswick.



53(2)               The Executive Director shall administer the plan in accordance with this Part, the regulations and any policies established under this Part and the regulations.



53(3)               Subject to the approval of the Board, the Executive Director shall establish policies in accordance with this Part and the regulations governing the administration of the plan.



53(4)               The Regulations Act does not apply to any policies established under this Part and the regulations.



Forms

54                        Any form required under this Part or the regulations shall be in the form provided by the Executive Director.



Application of Parts I and II

55                        Subject to sections 56 and 57, Parts I and II do not apply on and after the commencement of this section.



Adoption of provisions from Part I

56(1)               Subject to subsections (2) to (40), sections 10 to 21 are adopted for the purposes of this Part and apply to the provision of legal aid and the administration of the plan.



56(2)               Subject to subsections (4), (5), (6), (8), (11), (15), (16), (17), (20), (22), (23), (25), (31), (34), (35) and (37), references to "area director" in the provisions adopted under subsection (1) shall be read as "employee for an area".



56(3)               Subject to subsections (6), (7), (17), (19), (34), (35) and (37), references to "Provincial Director" in the provisions adopted under subsection (1) shall be read as "Executive Director".



56(4)               The reference to "in a manner and form prescribed in the regulations to the area director for the area" in subsection 11(1), as adopted under subsection (1), shall be read as "in the manner prescribed by regulation to an employee for the area".



56(5)               The reference to "area director" in subsection 11(3), as adopted under subsection (1), shall be read as "employee for an area".



56(6)               The reference to "The Provincial Director or an area director may cancel a legal aid certificate issued by him or by a former area director for that area where he is satisfied that" in subsection 11(4), as adopted under subsection (1), shall be read as "The Executive Director or an employee for an area may cancel a legal aid certificate issued by him or her or by a former employee for that area where he or she is satisfied that".



56(7)               Subsection 11(5), as adopted under subsection (1), shall be read as follows:



11(5)               Where a legal aid certificate is cancelled, the applicant, unless exempted from this provision by the Executive Director on the ground that its application would prove unjust as against the applicant, shall reimburse the Commission for the cost to the Commission of providing legal aid to the applicant up to the time at which the certificate is cancelled, and the amount payable is a debt owing to the Commission.



56(8)               Subsection 11(6), as adopted under subsection (1), shall be read as follows:



11(6)               If an employee for an area determines that the applicant can pay some part of the cost of the legal aid applied for and the applicant does not pay that part of the cost at that time, the employee shall require the applicant to enter into a written agreement to pay that part of the cost under such conditions and at such time as may be set by the employee.



56(9)               Subsection 11(7), as adopted under subsection (1), shall be read as follows:



11(7)               The amount that an applicant agrees to pay under subsection (6) is a debt owing to the Commission; however, where at any time such amount exceeds the cost to the Commission of providing legal aid to the applicant, the debt shall, at that time, be deemed to be an amount equal to the cost to the Commission of providing legal aid to the applicant.



56(10)            The reference to "Law Society" in subsection 11(8), as adopted under subsection (1), shall be read as "Commission".



56(11)            The references to "or an area director" and "or the area director" in subsection 11(9), as adopted under subsection (1), shall be read as "or an employee for an area" and "or the employee", respectively.



56(12)            The references to "Law Society" in paragraphs 11(10)(a) and (b), as adopted under subsection (1), shall be read as "Commission".



56(13)            The reference to "established by the Law Society" in subsection 12(1), as adopted under subsection (1), shall be read as "established under this Part and the regulations".



56(14)            An employee shall not act under subsection 12(4), paragraph 12(6)(b) and subsections 12(7) and (8), as adopted under subsection (1), unless the employee has a current legal opinion pertaining to the proceeding or matter preliminary to an anticipated proceeding.



56(15)            The references to "area director" in subsection 12(5), as adopted under subsection (1), shall be read as "Executive Director".



56(16)            The reference to "the area director" in paragraph 12(6)(b), as adopted under subsection (1), shall be read as "that employee".



56(17)            Subsection 12(10), as adopted under subsection (1), shall be read as follows:



12(10)            Except where in the opinion of an employee for an area the circumstances of an application require the immediate issue or amendment of a legal aid certificate, the employee shall not issue or amend a legal aid certificate to authorize legal aid in respect of paragraph (1)(g) unless



(a)               the applicant has included in his or her application



(i)         the opinion of a solicitor as to the advisability of instituting or defending an appeal,



(ii)       a copy of the order or judgment appealed from, and



(iii)    such other information as the employee requires,



(b)               the employee considers that it is reasonable that the appeal be instituted or defended,



(c)                the employee has submitted the application to the area committee for that area, if one has been established, or to the Executive Director, if an area committee has not been established for that area, and



(d)               the area committee or the Executive Director, as the case may be, has approved the issuing or amending of a legal aid certificate.



56(18)            The reference to "the Law Society, with the approval of the Minister, may from time to time" in subsection 12(13), as adopted under subsection (1), shall be read as "the Executive Director, with the approval of the Board, may from time to time".



56(19)            Subsection 12(14), as adopted under subsection (1), shall be read as follows:



12(14)            Where the Executive Director is of the opinion that the Legal Aid Fund is in danger of being depleted, he or she may, with the approval of the Board after the Board has consulted with the Minister, limit the provision of legal aid in proceedings or matters included in paragraphs (1)(c) to (g) and subsection (2).



56(20)            Subsection 13(4), as adopted under subsection (1), shall be read without reference to "by the area director".



56(21)            The reference to "comité d'aide juridique" in subsection 13(6) of the French version, as adopted under subsection (1), shall be read as "Comité d'aide juridique".



56(22)            The reference to "the area director" in subsection 13(7), as adopted under subsection (1), shall be read as "an employee for the area".



56(23)            The reference to "the area director of that area" in subsection 14(1), as adopted under subsection (1), shall be read as "an employee for that area".



56(24)            Section 14, as adopted under subsection (1), shall be read without reference to subsection 14(6).



56(25)            Section 14.1, as adopted under subsection (1), shall be read as follows:



14.1                  If a barrister and solicitor has been employed by the Commission or appointed or contracted with under section 41 for the provision of legal aid, an employee may require the holder of a legal aid certificate to retain that barrister or solicitor, in which case subsections 14(3), (4) and (7) do not apply.



56(26)            The reference to "avocat ou un procureur" in subsection 15(1) of the French version, as adopted under subsection (1), shall be read as "avocat".



56(27)            Section 15, as adopted under subsection (1), shall be read without reference to subsection 15(2.1).



56(28)            References to "Law Society" in subsections 16(1), (3), (4), (6) and (7), as adopted under subsection (1), shall be read as "Commission".



56(29)            The reference to "Law Society" in subsection 16(9), as adopted under subsection (1), shall be read as "Commission".



56(30)            References to "Law Society" in subsections 16.1(4) and (5), as adopted under subsection (1), shall be read as "Commission".



56(31)            The reference to "area director" in subsection 16.2(1), as adopted under subsection (1), shall be read as "employee for an area".



56(32)            The reference to "Law Society" in section 17.1, as adopted under subsection (1), shall be read as "Executive Director".



56(33)            Section 18, as adopted under subsection (1), shall be read as follows:



18                        The Commission is not liable for any act or omission of any barrister or solicitor who is appointed or contracted with under section 41 and who provides professional services under this Part.



56(34)            Section 19, as adopted under subsection (1), shall be read as follows:



19                        Communications between an applicant for legal aid, on the one hand, and the Executive Director, a member of the Board, a member of the Legal Aid Committee, a duty counsel, a member of an area committee, an employee or a person appointed or contracted with under section 41, on the other hand, which would be privileged if made between a client and his or her solicitor, are privileged in the same manner and to the same extent as solicitor and client communications.



56(35)            Section 19.1, as adopted under subsection (1), shall be read as follows:



19.1(1)          Notwithstanding section 19, where the Legal Aid Committee conducts an investigation under section 50, the Legal Aid Committee may require the Executive Director, a member of the Board, a member of the Legal Aid Committee, a duty counsel, a member of an area committee, an employee and a person appointed or contracted with under section 41 to disclose to it any communication referred to in section 19.



19.1(2)          No member of the Legal Aid Committee shall



(a)               disclose, publish or communicate to any person any application, report, statement, record, document or other information provided under subsection 50(2) or any communication disclosed under subsection (1), or



(b)               use such application, report, statement, record, document or other information or communication except for the purposes of subsections 50(1) and (3).



56(36)            Paragraph 20(b), as adopted under subsection (1), shall be read as follows:



(b)               prescribing oaths of office and secrecy as conditions of appointment, employment or entering into a contract under this Part;



56(37)            Paragraph 20(c), as adopted under subsection (1), shall be read as follows:



(c)                respecting the functions of the Executive Director, duty counsel and other persons appointed, employed or contracted with for the purposes of this Part;



56(38)            Section 20, as adopted under subsection (1), shall be read without reference to paragraph 20(q).



56(39)            Paragraph 20(r.1), as adopted under subsection (1), shall be read as follows:



(r.1)            respecting the provision of legal aid by barristers and solicitors appointed or contracted with under section 41;



56(40)            Section 20, as adopted under subsection (1), shall be read without reference to paragraph 20(t).



Adoption of provisions from Part II

57(1)               Subject to subsections (2) to (4), section 23 and subsections 24(1), (3) and (4) are adopted for the purposes of this Part and apply to the provision of legal aid and the administration of the plan.



57(2)               Section 23, as adopted under subsection (1), shall be read as follows:



23                        The following definitions apply in this Part.



"Commission" means the New Brunswick Legal Aid Services Commission established under section 26. (Commission)



"legal aid" means professional services provided under this Part and the regulations. (aide juridique)



57(3)               The reference to "Minister" in subsection 24(1), as adopted under subsection (1), shall be read as "Commission".



57(4)               The reference to "Minister" in subsection 24(3), as adopted under subsection (1), shall be read as "Commission".



Provincial Director

58(1)               The person holding the office of Provincial Director of Legal Aid on the commencement of this subsection shall act as the Interim Executive Director until an appointment is made under subsection 39(1).



58(2)               Any reference in this Part to "Executive Director" shall be read as "Interim Executive Director" until an appointment is made under subsection 39(1).



Employees of the Law Society administering the plan

59                        The employees of the Law Society administering the plan on the commencement of this section shall be deemed to be employees of the Commission and shall be deemed to have been employed under subsection 40(1).



Barristers and solicitors

60(1)               A barrister or solicitor who was employed by the Provincial Director of Legal Aid for the provision of legal aid before the commencement of this subsection and is still so employed on the commencement of this subsection shall be deemed to have been employed under subsection 40(1).



60(2)               A barrister or solicitor who was appointed by or entered into a contract with the Provincial Director of Legal Aid for the provision of legal aid before the commencement of this subsection and whose appointment or contract is in force on the commencement of this subsection shall be deemed to have been appointed or contracted with under subsection 41(1).



Provincial legal aid office

61                        The office for legal aid established under section 3 shall be deemed to be the head office referred to in section 28.



Regional legal aid offices

62                        A regional legal aid office established under section 4 shall be deemed to be an office established under subsection 48(1).



Area legal aid committee

63                        An area legal aid committee in place on the commencement of this section shall be deemed to have been appointed under section 51.



Legal Aid Fund

64(1)               The Legal Aid Fund established under section 7 shall be deemed to have been established under section 52.



64(2)               After the commencement of this subsection, if the Law Society receives any amount for the purposes of the administration of the plan and the provision of legal aid or if any amount is deposited to the credit of the Legal Aid Fund established under section 7, the Law Society shall immediately transfer the amounts to the Commission.



64(3)               Any amount to be transferred under subsection (2) is a debt owing to the Commission.



64(4)               If the Law Society does not transfer any amount under subsection (2), the persons holding the offices of President, Vice-President and Treasurer of the Law Society on the date of the receipt of the amount if the amount has not been deposited to the credit of the Legal Aid Fund established under section 7 or on the date of the deposit of the amount to the credit of the Legal Aid Fund, as the case may be, are jointly and severally liable to pay the amounts to the Commission.



64(5)               Any amount transferred to the Commission under subsection (2) or paid to the Commission under subsection (4) shall be deposited to the credit of the Legal Aid Fund established under section 52.



Public Service Labour Relations Act

2                           The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part IV by adding after



New Brunswick Investment Management Corporation



the following:



New Brunswick Legal Aid Services Commission



3                           This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



New provisions.



Section 2



An amendment is made to the Public Service Labour Relations Act to add the New Brunswick Legal Aid Services Commission to Part IV of the First Schedule.



Section 3



Commencement provision.
Amendment :Amend said Bill as follows:

Section 1

In section 43, by striking out the words "or purported to be done".

Section 1

Strike out section 44 and substitute the following:

44 Every decision of the Board or the Executive Director is final and may not be questioned or reviewed in any court.

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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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