Legal Aid Act

Consolidated act
Citation
S.N.W.T. 2012, c.17
Source
Unofficial consolidation PDF (justice.gov.nt.ca) consolidation downloaded Jun 6, 2026

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites
Cited by
Contents
1. Definitions 2. Purpose of Act 3. Duties 4. Commission 5. Chairperson 6. Appointment 7. Commission not liable 8. Services covered 9. Applying 10. Executive Director 11. Contribution 12. Money paid to Commission 13. Appeal to Commission 14. Panels 15. Assigning cases 16. Assignment to circuit 17. Breakdown 18. Privilege 19. Where no conflict exists 20. Claim 21. Review after 10 years 22. Regulations 23. Continuation of matter 24. Financial Administration Act 6. Executive Director Appointment 25. Legal Services Act 26. Coming into force
Regulations
Legal Aid Regulations

INTERPRETATION

Definitions

1.

In this Act,

"applicant" means an individual who makes an application under subsection 9(1); (auteur d’une demande)

"assessment" means an assessment issued under subsection 11(3); (évaluation)

"claim" means a claim under section 20 for remuneration and reimbursement; (demande)

"client" means an individual who

(a) is authorized to receive legal aid services from a lawyer under section 10, or

(b) is receiving or has received legal aid services from a lawyer; (client)

"Commission" means the Northwest Territories Legal Aid Commission continued under section 4; (Commission)

"eligible person" means an individual who is determined to be an eligible person under section 9; (personne admissible)

"Executive Director" means the Executive Director of the Commission appointed under section 6; (directeur général)

"Law Society" means the Law Society of the Northwest Territories, established under subsection 2(1) of the Legal Profession Act; (Barreau)

"lawyer" means a person who is entitled to practise law in the Northwest Territories under the Legal Profession Act; (avocat)

"legal aid services" means legal and other services provided under this Act; (services d’aide juridique)

"member of the public service" means an employee as defined in subsection 1(1) of the Public Service Act; (membre de la fonction publique)

"panel" means a panel of lawyers established under subsection 14(1); (liste) "panel lawyer" means a lawyer in private practice who is designated to a panel under subsection 14(4); (avocat inscrit sur la liste)

"remuneration" means remuneration received by a lawyer", in accordance with the regulations, for the provision of legal aid services; (rémunération)

"reimbursement" means the reimbursement of reasonable disbursements incurred by a lawyer for the provision of legal aid services; (remboursement)

"staff lawyer" means a lawyer who is

(a) a member of the public service, and

(b) a staff member of the Commission; (avocat membre du personnel)

"staff member" means a member of the public service who is employed by the Commission; (fonctionnaire membre du personnel)

"student-at-law" means a student-at-law as defined in section 1 of the Legal Profession Act. (stagiaire en droit) SNWT 2014,c.31,s.9(2); SNWT 2023,c.7,s.23.

Purpose of Act

2.

The purpose of this Act is to promote access to justice throughout the Northwest Territories by

(a) making available and providing legal aid services to eligible persons in a cost effective and efficient manner;

(b) promoting public knowledge of the law and the administration of justice;

(c) encouraging and facilitating flexibility and innovation in the provision of legal aid services and programs, including the use of alternative dispute resolution;

(d) identifying, assessing and recognizing the diverse legal needs of eligible persons; and

(e) providing legal aid services to eligible persons through a public agency that will operate independently from the Government of the Northwest Territories but within a framework of accountability to that government in respect of the expenditure of public money.

ADMINISTRATION

Minister

Duties

3.

(1) The Minister shall consider recommendations made by the Commission under this Act.

Powers

(2) The Minister may, on the recommendation of the Commission,

(a) determine the number of staff employed by the Commission; and

(b) establish, modify or discontinue any service or program of the Commission.

Agreements

(3) The Minister may, on behalf of the Government of the Northwest Territories, enter into agreements with

(a) the Government of Canada respecting the sharing by both governments of the costs of

(i) providing legal aid services and programs, and

(ii) administering this Act and related matters; or

(b) a province or territory respecting the application of

(i) this Act and the regulations to residents of that province or territory, and

(ii) corresponding legislation of that province or territory to residents of the Northwest Territories.

Laying report before Legislative Assembly

(4) The Minister shall lay a copy of the annual report of the Commission referred to in paragraph 4(8)(a) before the Legislative Assembly at the earliest opportunity after receiving the report.

Northwest Territories

Legal Aid Commission

Commission

4.

(1) The Legal Services Board of the Northwest Territories, a body corporate, is continued as the Northwest Territories Legal Aid Commission.

Head office

(2) The head office of the Commission is in Yellowknife.

Independent but accountable

(3) The Commission is independent from the Government of the Northwest Territories, but functions within a framework of accountability to that government with respect to the expenditure of public money.

Appointments

(4) The Minister shall appoint at least three and not more than five members of the Commission, including

(a) at least one member who is a lawyer in private practice nominated by the Law Society; and

(b) at least one member who is a member of the public service.

Criteria

(5) The Minister shall, in appointing Commission members, consider the diversity of the population and the gender balance of the Northwest Territories, but any failure to achieve balance in the composition of the Commission does not affect the validity of any of its proceedings or decisions.

Term

(6) A member of the Commission shall be appointed for a term not exceeding three years as specified in the instrument of appointment.

Honorariums and expenses

(7) Subject to the regulations, members of the Commission shall be

(a) paid honorariums; and

(b) reimbursed for reasonable expenses incurred in the performance of the duties and in the exercise of the powers of the Commission.

Duties

(8) The Commission shall

(a) prepare an annual report and submit it to the Minister in accordance with subsection 32(1) of the Financial Administration Act;

(b) receive payment from clients who make contributions under section 11 to the cost of legal aid services;

(c) make payments, in accordance with the regulations, to lawyers for remuneration and reimbursements;

(d) hear and decide on appeals of decisions made under section 13;

(e) hear and decide on reviews of claim adjustments made under subsection 20(7);

(f) supervise the Executive Director; and

(g) do anything else required of it under any enactment.

Powers

(9) The Commission may

(a) make guidelines in respect of the provision of legal aid services and the factors that determine whether or not legal aid services will be provided, including for greater certainty the determination of

(i) whether or not a person is an eligible person under section 9,

(ii) whether or not an eligible person is authorized to receive legal aid services under section 10, and

(iii) the amount, if any, that a client is to contribute to the cost of legal aid services under section 11;

(b) develop and coordinate programs

(i) to promote alternative dispute resolution, and

(ii) to increase knowledge of the law and the administration of justice;

(c) establish and maintain panels under subsection 14(1);

(d) make recommendations to the Minister respecting the number of Commission staff, the opening or closing of offices and the establishment of new services;

(e) enter into agreements with the Minister relating to the administration of this Act;

(f) establish programs for the provision of legal aid services and provide training and employment for individuals, including court workers, who provide those legal aid services;

(g) evaluate legal aid services and programs;

(h) exchange information about legal aid services and programs with persons administering corresponding legislation in a province or territory;

(i) advise the Minister of any recommendations for amendments to this Act or the regulations;

(j) establish subcommittees; and

(k) delegate any of its duties or powers to the Executive Director except those matters specified in paragraphs (8)(d), (e) and (f).

SNWT 2015,c.13,s.157.

Commission Meetings

Chairperson

5.

(1) The Commission shall, at its first meeting in each fiscal year, elect a chairperson and vice-chairperson from among its members.

Absence

(2) If the chairperson is unable to attend a meeting, the vice-chairperson shall act as the chairperson for that meeting.

Vacancy

(3) If the position of chairperson becomes vacant, the vice-chairperson shall act as the chairperson until a new chairperson is elected.

Secretary

(4) The Executive Director is the secretary to the Commission.

Meetings

(5) The Executive Director shall call a meeting of the Commission when requested to do so by at least three of its members.

Quorum

(6) Three members constitute a quorum at a Commission meeting.

Proceedings

(7) The Commission may regulate its own proceedings and the manner of calling its meetings.

Executive Director

Appointment

6.

(1) The Commissioner, on the joint recommendation of the Minister and the Commission, shall appoint an Executive Director, who must be a lawyer, to serve as chief executive officer of the Commission.

Duties

(2) The Executive Director shall

(a) supervise the staff of the Commission;

(b) assist the Commission in meeting its reporting requirements under paragraph 4(8)(a);

(c) perform the duties imposed by this Act and the regulations; and

(d) perform any other tasks assigned by the Commission.

Powers

(3) The Executive Director may

(a) enter into agreements or contracts, on behalf of the Commission, relating to the administration of this Act;

(b) enter into contracts with lawyers for legal aid services;

(c) designate persons as legal aid representatives with authority, to the extent authorized by the Executive Director, to receive and process applications for legal aid services;

(d) delegate any of his or her duties to a staff member;

(e) take any other measures necessary, incidental or conducive to carrying out the purposes of this Act.

Commission staff

(4) The staff of the Commission, including the Executive Director, are members of the public service.

Liability

Commission not liable

7.

(1) The Commission and its members are not liable for the act or omission of any person who provides legal aid services to a client.

Professional responsibility continues

(2) Notwithstanding subsection (1), a lawyer or student-at-law who provides legal aid services under this Act continues to be subject to the Legal Profession Act and the rules made under that Act.

LEGAL AID SERVICES

Legal Aid Services Covered

Services covered

8.

(1) Subject to subsection (2), legal aid services may be provided

(a) in respect of a summary conviction or indictable offence under an Act of Canada;

(b) under the Youth Justice Act or the Youth Criminal Justice Act (Canada);

(c) in respect of child protection, family and civil matters;

(d) in respect of an appeal;

(e) under the Extradition Act (Canada);

(f) in respect of an offence under an enactment of the Northwest Territories; or

(g) in respect of any other prescribed offence or matter.

Services not covered

(2) Legal aid services may not be provided in respect of any of the following matters:

(a) defamation;

(b) incorporation, formation or dissolution of corporations, societies or partnerships;

(c) real property transactions;

(d) labour arbitrations or conciliations;

(e) proceedings relating to elections;

(f) if the Executive Director considers that the matter is of a kind that a lawyer would ordinarily provide services on the understanding that he or she would be remunerated out of proceeds realized through pursuit of the matter;

(g) any other prescribed matter.

Eligible Persons

Applying

9.

(1) An individual may apply to the Executive Director to be recognized as an eligible person.

Determination

(2) The Executive Director shall determine whether or not an applicant is an eligible person.

Obligation to disclose

(3) An applicant shall provide any financial or other information that the Executive Director requires to determine whether or not the applicant is an eligible person.

Change in circumstances

(4) Where there is a material change to information provided under subsection (3) in respect of an eligible person, he or she shall inform the Executive Director of the change without delay and provide any information that may be requested.

Redetermin- ation

(5) On becoming aware of a material change to information provided under subsection (3), the Executive Director shall determine if the individual is still an eligible person.

If no longer eligible person

(6) On determining that an individual is no longer an eligible person, the Executive Director shall

(a) inform the individual and his or her lawyer; and

(b) revoke, in accordance with subsections 10(8) and (9), any authorization made in respect of that individual.

Authorizing the Provision of Legal Aid Services

Executive Director

10.

(1) On determining that an applicant is an eligible person under section 9, the Executive Director shall determine whether or not the eligible person should be provided with legal aid services.

Legal advice of lawyer required in criminal appeals

(2) The Executive Director shall not authorize the provision of legal aid services in respect of an appeal by the defence in a criminal matter, unless

(a) a lawyer advises the Executive Director in writing that the appeal has merit; and

(b) the Executive Director concurs with the lawyer’s advice.

Legal opinion of lawyer required in civil matters

(3) The Executive Director shall not authorize the provision of legal aid services in respect of a commencement, defence, continuation or appeal of a child protection, family or civil matter, unless

(a) a lawyer supplies to the Executive Director a written opinion stating that it is reasonable in the circumstances for the proceedings to be commenced, defended, continued or appealed; and

(b) the Executive Director concurs with the lawyer’s opinion.

Pro bono and other legal aid services

(4) A panel lawyer may provide legal aid services without authorization from the Executive Director, but that lawyer shall not receive remuneration or reimbursement from the Commission for the provision of those services unless, subject to subsection (5), the Executive Director authorizes the provision of those services.

Retroactive authorization

(5) The Executive Director may not authorize the provision of legal aid services by a panel lawyer more than 30 days after the provision of those services.

Terms and conditions

(6) On authorizing the provision of legal aid services under this section, the Executive Director may impose any terms or conditions he or she considers necessary.

Duty to inform Executive Director

(7) A panel lawyer or staff member who has a reasonable belief

(a) that a client is not eligible for legal aid services, or

(b) that it is no longer reasonable in the circumstances for a client to receive legal aid services,

shall so notify the Executive Director without delay.

Reconsidera- tion or revocation

(8) The Executive Director may reconsider or revoke an authorization made under this section, if he or she concludes that

(a) the client is not an eligible person;

(b) it is no longer reasonable in the circumstances that the client continue to receive legal aid services; or

(c) the client has failed to comply with any terms and conditions imposed under subsection (6).

When revocation occurs

(9) On revoking an authorization, the Executive Director shall

(a) inform the client and his or her lawyer of the revocation; and

(b) prepare an assessment under subsection 11(3).

Recovery of Costs for Legal Aid Services

Contribution

11.

(1) The Executive Director may, as a condition of the provision of legal aid services, require a client to contribute towards the cost of those services in an amount determined in accordance with the guidelines made by the Commission under paragraph 4(9)(a).

Obligation to disclose

(2) A client shall provide any information that the Executive Director requires for determining

(a) the ability of the client to contribute to the cost of legal aid services; and

(b) the amount of any contribution to be paid by the client.

Assessment

(3) On determining a contribution amount under subsection (2), the Executive Director shall issue the client with an assessment that states that amount.

Debt recoverable

(4) The amount stated in the assessment is recoverable as a debt due and owing to the Commission.

Money and Property

Money paid to Commission

12.

(1) Where an assessment is issued under subsection 11(3) and the amount stated is not paid, any money payable to a client under a judgment, order, settlement or other arrangement made or obtained in respect of a matter for which legal aid services were provided to the client, must be paid to the Commission.

Deductions

(2) On receiving a payment under subsection (1), the Commission shall apply it to the amount stated in the assessment and refund any remaining balance to the client.

Charging order

(3) Where money is paid into a court under a judgment, order, settlement or other arrangement made or obtained in respect of a matter for which a client received legal aid services, the Commission may make an application to court for a charging order to attach that money in favour of the Commission.

Monetary gifts and remuneration

(4) A staff member or lawyer who receives money for legal aid services from a client as payment, shall remit the money to the Commission.

Appeal

Appeal to Commission

13.

An applicant, eligible person or client may, within 30 days after being notified of any decision made by the Executive Director under section 9, 10 or 11, submit an appeal to the Commission.

LEGAL AID LAWYERS

Panels

Panels

14.

(1) The Commission may establish and maintain such panels as it considers necessary.

Eligibility

(2) A person is eligible for designation to a panel if he or she

(a) is a lawyer;

(b) is not a member of the public service;

(c) is capable of providing legal aid services; and

(d) meets any other requirements of the Commission.

Application

(3) A person who is eligible under subsection (2) may apply to the Executive Director to be designated to a panel as a panel lawyer.

Designation

(4) The Executive Director may designate a person who applies under subsection (3) to a panel as a panel lawyer.

Removal

(5) The Commission may, on the recommendation of the Executive Director,

(a) suspend or cancel the designation of a panel lawyer for cause; or

(b) cancel the designation of a panel lawyer if he or she is no longer eligible for designation under subsection (2).

Suspension or disbarment

(6) The designation of a panel lawyer is cancelled if he or she is suspended or disbarred.

Judicial review

(7) A person whose designation is suspended or cancelled may, within 30 days after being so notified, apply to the Supreme Court for judicial review.

Assignment of Cases

Assigning cases

15.

(1) The Executive Director may assign a case to either a panel lawyer or a staff lawyer.

Factors to consider

(2) In determining an assignment, the Executive Director shall consider

(a) whether the client’s rights and other interests are prejudiced by the assignment;

(b) whether the assignment is fiscally responsible;

(c) whether the lawyer

(i) would be placed in a conflict of interest should he or she accept the assignment, and

(ii) has the necessary experience and expertise for the assignment;

(d) in the case of a client charged with an offence, other than a prescribed offence, for which the maximum penalty is life imprisonment, the client’s choice from a list of panel and staff lawyers that has been prepared by the Executive Director based on an assessment that includes the factors set out in paragraphs (a), (b), (c) and (e); and

(e) any additional factors the Executive Director considers relevant.

Restriction

(3) A lawyer who is assigned a case shall not procure another lawyer to provide any legal aid service relating to that case, unless

(a) the Executive Director concurs with the procurement;

(b) the legal aid service is limited to obtaining or attempting to obtain an adjournment of a proceeding or an interlocutory or other preliminary step in a proceeding; or

(c) the lawyer and the client agree in writing to transfer the case to the other lawyer and the Executive Director concurs with the transfer.

Student-at- law

(4) A lawyer may procure a student-at-law to provide a legal aid service relating to a case, if the lawyer and student-at-law comply with any additional requirements of the Commission.

Territorial Court Circuit

Assignment to circuit

16.

Where the Executive Director is of the opinion that a lawyer will be required to provide legal aid services on a Territorial Court circuit, the Executive Director shall arrange for at least one lawyer to accompany the circuit to provide those services to clients.

Breakdown

Breakdown

17.

Where there is a breakdown in a relationship between a client and lawyer, the Executive Director may

(a) attempt to mediate a resolution between the client and lawyer;

(b) revoke the assignment; or

(c) assign the case to another lawyer.

Privilege

Privilege

18.

Communications between an applicant, eligible person or client and the Commission, Commission member or a staff member, made in respect of an application for or in the course of the provision of legal aid services, are privileged to the same extent and in the same manner as if had they been made between a client and a lawyer.

Conflict of Interest

Where no conflict exists

19.

A staff lawyer does not commit a breach of the rules of the Law Society or the provisions of its code of professional conduct relating to conflicts of interest, by reason only of advising or representing a person in a dispute or case involving another person who is or has been advised or represented by another staff lawyer working out of another office of the Commission.

Claim by Panel Lawyers

Claim

20.

(1) A panel lawyer may, in respect of legal aid services provided by him or her to a client and expenses incurred in the provision of those services, submit a claim to the Executive Director for remuneration and reimbursement.

Form and content

(2) A claim must

(a) be in a form acceptable to the Executive Director;

(b) include an accounting for those legal aid services and expenses claimed; and

(c) comply with any prescribed requirements.

Certification

(3) The Executive Director may, in respect of a claim,

(a) certify the claim if it is reasonable and made in accordance with the regulations; or

(b) adjust the claim and certify the adjusted claim so that it is reasonable and made in accordance with the regulations.

Disallowed claims

(4) The Executive Director shall disallow any part of a claim in respect of legal services that

(a) is not for legal aid services; or

(b) had not been authorized under section 10.

Written reasons for adjustment

(5) On adjusting a claim under subsection (3), the Executive Director shall give the panel lawyer written reasons for the adjustment.

Payment

(6) Where the Executive Director certifies a claim under subsection (3), the Commission shall pay the amount of the approved claim to the panel lawyer.

Review of adjustment

(7) A panel lawyer who does not agree with an adjustment of a claim made under paragraph (3)(b) may, within 45 days after being given written reasons under subsection (5), apply to the Commission for a review of the adjustment.

Overpayment

(8) On determining that a panel lawyer has been overpaid for the provision of legal aid services under this Act, the Executive Director may deduct the amount of the overpayment from any money payable to that lawyer. SNWT 2014,c.31,s.9(3).

REVIEW OF ACT

Review after 10 years

21.

(1) The Legislative Assembly or a committee of the Legislative Assembly designated or established by it shall review the provisions and operation of this Act at the next session following the tenth anniversary of the coming into force of this section, and subsequently at the next session following each successive tenth anniversary of that date.

Scope of review

(2) The review shall include an examination of the administration and implementation of the Act and the effectiveness of its provisions, and may include any recommendations for changes to the Act.

REGULATIONS

Regulations

22.

(1) The Commissioner may, on the recommendation of the Minister, make regulations

(a) respecting the remuneration and reimbursement of lawyers for the provision of legal aid services to a client;

(b) respecting the payment of honorariums and the reimbursement of expenses of the chairperson and other members of the Commission under subsection 4(7);

(c) respecting the manner in which the Commission makes payments for remuneration and reimbursements under paragraph 4(8)(c);

(d) prescribing legal aid services that may be provided under subsection 8(1);

(e) prescribing civil matters for which legal aid services may not be provided under subsection 8(2);

(f) prescribing those offences excluded from the application of paragraph 15(2)(d);

(g) respecting forms and requirements under paragraphs 20(2)(a) and (c);

(h) respecting procedures for appeals or reviews under this Act;

(i) respecting the disclosure of information under this Act;

(j) prescribing any matter that by this Act may or is to be prescribed; and

(k) respecting any other matter the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.

Commence- ment of regulation

(2) A regulation made under paragraph (1)(a) respecting remuneration and reimbursement may come into force on a day earlier than the day on which the regulation is registered by the Registrar of Regulations under the Statutory Instruments Act. SNWT 2014, c.31,s.9(4),(5).

TRANSITIONAL

Continuation of matter

23.

On the coming into force of this Act, any matter to which the Legal Services Act, R.S.N.W.T. 1988, c.L-4, applies, shall proceed under and in conformity with this Act, to the extent that it can be adapted to this Act.

CONSEQUENTIAL AMENDMENTS

Financial Administration Act

24.

Item 6 of Schedule A of the Financial Administration Act is repealed and the following is substituted:

Executive Director Appointment

6.

The Northwest Territories Legal Aid Commission continued by the Legal Aid Act.

REPEAL

Legal Services Act

25.

The Legal Services Act, R.S.N.W.T. 1988, c.L-4, is repealed.

COMMENCEMENT

Coming into force

26.

The Act comes into force on a day to be fixed by order of the Commissioner.